department of justice as well. >> we're near the high of the session. dow jones industrial average up 140 points, not what you thought at close when you heard about the tariffs. neil cavuto, it's all yours. neil: buddy, thank you very much. we're going to look into that and why the markets would be up on trade war that looks to be getting worse. a lot of this could have to do with the chinese response of the $60 billion of goods today it targeted, with 10% tariffs, not all. 10%. remember the original threat they would be 20% or more tariffs, so the markets are gleaning from, that first of all, it's not a larger number of goods. nothing greater than 60 billion. some thought it could go as high as 100 billion and others are interpreting the fact that tariffs roll out on the 10%. be that as it may, doesn't indicate we're closer to a deal. the administration continued to promise it will make good on threats of its own with tariffs now across some $200 billion worth of goods that could have a direct effect on you if this lingers into the holidays and

holiday shopping. meanwhile, close attention to what's going on at the white house right now. guess who's back to pay a visit in brett kavanaugh is there today, we do not know with whom he's meeting or had a chance to say hello to the president. we know the big committee meeting is slated for monday. we are told that christine ford, the accuser is going to be there and will testify, and that brett kavanaugh will have a chance to respond after her testimony. where this goes is anyone's guess, democrats are immroerg the fbi to look into this to run out the clock. that is the cynical political view of this, regardless it has thrown the nomination up for grabs. it could provide cover for some of the democratic senators and states where donald trump won big, and they're up for re-election. it could provide cover not to go ahead and vote for the nominee. it's a mess. that's probably putting it mildly. blake burman at the white house

with the very, very latest. reporter: there was supposed to be a script for the confirmation process for brett kavanaugh thursday, supposed to be a committee vote and next week senate republicans were hopeful, they were going to be able to get a full vote on the senate floor. a mere formality that thaufl would happen and kavanaugh would be confirmed. script has been ripped and thrown away, and the way forward remains murky at this hour because you remember christine blasi ford's attorney said she would be willing to testify before the senate judiciary committee about her allegation. those allegations being back in high school days, she was sexually assaulted by the supreme court nominee, brett kavanaugh. since then, a committee hearing has been announced for monday, which kavanaugh would testify and ford would testify, but the top republican on the senate

judiciary committee, chuck grassley is saying they have not received formal notifiation or given the thumbs-up from ford's attorney that she would be there monday and testify. grassley threatened the possibility of cancelling that monday confirmation hearing if ford does not show up. here at the white house, they are saying that kavanaugh is ready to go up before the cameras on capitol hill once again. >> judge kavanaugh made it very clear that this is completely a false allegation. he called members of the senate judiciary committee yesterday, and he said i'm ready to testify today. i'm ready to go public, i want to be able to clear my name. reporter: there is a real sense of frustration at the white house to exactly how this has played out in the last few days. remember dianne feinstein has known about these allegations for months and people here do not feel that this was handled

properly. kavanaugh is here at the white house again for the second day in a row. yesterday, president trump said he had not spoken with kavanaugh yesterday. remains to be seen if the two will meet or speak today about a possible way forward here, neil. neil: real quickly on the kavanaugh situation. a number of democrats have been urging a full and thorough fbi investigation which could take weeks and months. >> right. neil: and that some are even toying with the idea of not pushing this idea to testify monday. she has not formally responded, she's expected to, but not formally responded and agreed to that. do you know if that's a serious possibility that they throw this in the fbi's lap and expect republicans to concur, probably unlikely. reporter: chuck grassley said this morning that the fbi investigation is done with. he said, at least in his eyes, it is over. it's clear what's happening

here, neil, republicans feel the only way the kavanaugh confirmation can go forward is to get this hearing on monday. put it before the cameras once again and try to get past it. democrats, to the flip of that, who have been trying to very publicly stall this for weeks and months possibly see another outlet here of stalling it by saying, hey, look, the fbi needs to take another look into this which as you mentioned, that would take weeks on end possibly months on end. the backdrop to all of this, there's the midterm flection november. neil. neil: that's right, there is. that real quickly. has the white house indicated even privately it's concerned this is becoming to look increasingly dicey. just the thought that it provides cover to some of the democratic senators up for re-election in big trump win states? reporter: there's also the thought that, you know, if this were to go past november, per

se. >> right. reporter: it could rally republicans. you know, that this is a white house many republicans will argue there is one thing that especially many republicans and evangelical voters voted for the president on was his record and his promise that he would put a conservative up to the supreme court. so if, and it is a very big if, everything is an if right now. if this keeps on going and going and going, there is the thought of some that maybe this drives republicans out to the polls in november, to keep the status quo in the senate. neil: you never know any, idea is as good as the next. blake burman at the white house. the president going to be entertaining and hosting the polish president and his wife. when this is happening, we'll take you there. the uncertainty in all of this and not knowing where a potential supreme court could go or not go and the chinese

trade war, you would think stocks are selling off. quite the opposite. why is that? to dan shaffer, daily caller editor vince and liz, they have full side, the china-u.s. trade rift, each is being very coy how they're going forward. what is going on? >> i think you said it earlier best, it could have been worse. the rate on the u.s. tariffs imposed, could have been 25%, it was only 10%. the rate on the chinese tariffs were not as high as expected either. people are focused on corporate earnings and the growth of the economy, and so far what we've seen and all the analysts are sharpening pencils is this tariff, the trade war has not impacted as yet either consumer demand or profitability. we're going to hear, i'm sure, tales of some company having to lower prices or something to

compete, but the truth is, so far it has not had very much impact. you could say investors are looking near-term where, this game, if you want to call it that or this challenge to china is very much a long-term objective. so maybe they're wrong but right now focused on the numbers. neil: indeed, as liz was speaking, you could see the markets sprinting ahead. the markets love to hear her talk. that could do it. to that notion, dan shaffer, about the trade talk maybe indicating there is more talking or compromising going on than what appears on the surface or are markets getting ahead of themselves? >> neil, i think the markets are getting ahead of themselves. i don't think china is going to come to the table with the united states and work this out. as liz was saying, the tariffs are lower than they expected and may not have an impact. they may not have impact now, but in history, this could escalate. as it escalates that could be

the major impact that's coming. we're dealing with a communist country. heavily in debt, and trying to control, it's a controlling nation, and i just don't think trump's going to back down on this and will escalate and also the currency war that's been going back and forth. there's a lot more undertone than what the equity market is showing us and i think the equity market will turn around as these tariffs and the talk chatter starts to accelerate in the next couple of weeks. neil: so vince, i know you're not a market guy, you are a very astute political read of events. want to switch what's going on with justice kavanaugh or judge kavanaugh, might not become justice because of the back and forth. is that a concern in washington or see him squeaking through, and i'm looking at it as republicans trying to push this nomination through, but let's say it were to implode. then what? >> great question. it is of concern to the republican party broadly and

the trump administration. i think based on the way the president reacted to this with measured tones as a wait-and-see approach, little unusual, right? which suggests insiders in the white house are having conversations about this and saying this is a sensitive subject and got to take it seriously. in the end, if this guy ends up getting yanked you will have one of two scenarios if the confirmation falls apart and the president has to put another nominee forward. one, this is going to depress republicans who are going to be upset that the nonstop winning, never back down kind of ethos that the white house put out that the president specifically put out has fallen apart and they lost on something that a lot of trump voters cared about. getting a supreme court nominee in. the other side, maybe losing this nomination means the republicans are going to be very angry at washington, d.c., and charged up to go to the polls to ensure that a republican nominee makes his way through to the supreme court.

it's a coin toss right now. >> i apologize for cutting this short. we are following breaking news developments, not only what's going on in the white house but arrival of the polish president and his wife. tesla, the justice department is investigating elon musk's comments, not -- i should stress, the securities and exchange commission, that's in a separate search, when this gets to the level of the justice department, gerri willis, at the nyse, that raises a whole bunch of other worries, doesn't it? reporter: absolutely neil. this would be a criminal probe that is under way out of northern california. that's the office that's investigating the u.s. attorney office for the northern district of california. it is early days for this probe. it started right after the comments, the tweet coming from the tesla ceo that funding secured to take the company private. they jumped on board right away. as you mentioned, the

securities and exchange commission is already investigating, but what they would bring would be civil charges. the d.o.j., this such more serious, this is criminal charges that are being investigated right now and, of course, the stock is moving, down 3.85%, but i have to tell you this has been expected down here. i talked to traders who told me, no big deal, we knew it was coming. so bad news for tesla. these comments that the ceo made funding secured under investigations by the department of justice. i have to tell you i reached out to both the d.o.j. and des la. have not heard from either company to confirm what's in the marketplace right now. neil, back to you. >> wow, and conflict of events, this is happening on the same day audi is debuting what a lot of car critics are saying a beautiful looking electric vehicle of its own, that it hopes to have out in the market

right after the holidays here. an suv. it can go a long-range on one fuel. i think they're saying in excess of 300 miles. competitive with a lot of the tesla cars, so the wagons are circling, electric or otherwise, around this company. and right now, it's feeling the heat. and so is billionaire owner. we'll have more after this. ♪

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. neil: all right. it is one thing to have the securities and exchange commission looking into your comments and financial fallout on the company, quite another level of uh-oh when you have the justice department apparently doing the same, and it escalates beyond that. we're talking about a bloomberg story out right now that says the justice department is exploring tesla's and the word that elon musk billionaire owner looking for a trail. we don't know what they've discovered or uncovered. we know charlie gasparino is all over this. charlie, what is going on here? >> we should point out two things. number one, the u.s. attorney from san francisco, which is i guess, where tesla where, musk has his home base is going after this investigation is almost pro forma given the fact the sec heightened probe into a

formal investigation as we reported with experience. they almost have to kick the tires as well. there is a potential fraud case here where he made a false statement. he knew it was potentially false, and that could be criminal. now the bad part for musk is while this is pro forma, is that they're going to now do a deep dive into everything he said. all his e-mails and everything else. if there are e-mails, and i'm getting these from people that do this type of investigation. if there are e-mails that show he didn't have it secured but wanted to screw the short sellers on the company. they can start building a case that he knew, he had intent to screw the short sellers by putting out a false statement and this guarantes that this investigation is not a quick and dirty thing. going to go on for a while. lot of people interviewed, including musk himself, and that's essentially what they're going to look at. were there other e-mails, other

correspondents that he had where he knew he didn't have it secured and main purpose was just to screw the jim chanos's of the world that are betting the stock price is going to go down because they don't believe the numbers are working out. that's where we are right now. it's interesting. on one part, pro forma. they have to do this because of the sec. what they're doing, the other half is it does open this thing up to another dimension that could be problematic for elon musk. if you are being investigated criminally, you have a chance to go to jail, okay? not saying he is going to jail but more than a theoretical possibility that is the case. that is not the case with sec investigation, they can throw you out of the securities business or make sure you are not an owner, director of a company, senior executive at a company. it was serious before and just got a little more serious now. back to you, neil.

neil: charlie gasparino, thank you very much. the stock down a little north of 14 bucks, 4.5%. we're keeping track of the latest tit for trat between china and the united states, and somewhere reading this, and some of the reason the stock market is up, is a positive development. they added $200 billion worth of goods. the president who's going to be meeting right now, the polish president and his wife. this might come up, the back and forth the united states had on trade. poland, of course, very close ally to the united states. the president a big fan of the polish president, who is also said that european countries are unfair to poleant when it comes to trade. that is a separate issue, they're going to be meeting for the better part of an hour on and off. we're also told that their finance ministers are in town and they're going over maybe separate trade deals because the president's wrath with europe, we're often reminded,

decidedly does not include poland. but we'll get to that. obviously, they are treated as the big deals they are, but we should stress in the back and forth on trade something the two leaders are getting into briefly. this notion that it could be worse. in other words, the chinese response has been tepid. our salvo, targeting more goods, also surprisingly seen as tepid. i don't know what that means, hope springs eternal that we'll avoid an outright war. to former senator tom coburn, you never like to see trade tiffs of any sort, seems the market is a dicey read of things but folks are putting money on the line that this is going to end all right. do you think it will end all right? >> i do. i do. i think you need to remember what the underlying premise was is we gave away manufacturing base through free trade

policies, and china essentially absconded with intellectual property and actually coerced people into giving parts of their business and intellectual property to them, just to be able to trade there. i had an interesting exchange with the secretary of commerce in china. when i asked him if he was going to comply with wto rules and he said absolutely, we're not. so they're not the best when it comes to the integrity of trade. so, look, i think we're seeing this handled just ride. eventually china has to come through in terms of equalizing either through currency or through trade, this tremendous advantage that they've created based on cheating. and so, you know, there's a lot of people that don't have jobs today because of china's behavior. so i'm a free trader, but i think you got to set some rules for china and make sure they

understand. and i think it's going to end up well. neil: senator, our commerce secretary wilbur ross was talking about china in a sort of no win situation, kind of quoting here, if you will indulge me. china is out of bullets to retaliate. do you agree, it's out of bullets? nothing they can do but ultimately settle with us in some way, shape, or form? >> i'm not sure i know the answer to that, neil. i know that our purchases from them are tremendously larger than their purchases from us, and so therefore the pain of any trade escalation hurts them far worse than it hurts the american consumer. and as a matter of fact, with rising wages and rising standard of living in our country, it will have minimal effect on americans. but the other side of that is americans will have jobs that they didn't used to have, that actually were stolen through fraud and coercion by china. so i think what he's doing is

fine. my hope would be it wouldn't escalate. i think we have the upper hand on this, and what's fair is fair is and what's right is right, and we shouldn't buckle because the chinese say we should. i don't find them to be honorable in terms of trade policies especially when secretary of commerce told me in a meeting in china that they would not honor their wto obligations. so when they're telling you they're going to cheat, you know, what do you expect? neil: at least in the past, they didn't say that. that seems a little up-front. >> they said that five years ago. neil: well, all right. let me quickly get your thoughts on the brett kavanaugh situation, seems to be disintegrating fast. some republicans are worried this might be torpedoed. what do you think? >> i think it's going to be a bork. they're trying to bork him. he had the investigation, all the people that support me, something that happened in high school that he says he wasn't

even there. why didn't they fire this bullet earlier? because it's tenuous, that's why. at best. i think it's a planned strategy to undermine his credibility when, in fact, he says it didn't happen. she says it does. you know, maybe it's a case of mistaken identity. the fact is, what is this, 40 years ago or 35 years ago that somebody is going to remember something like this, why is it now coming forward? it's all politics to me, and i don't believe this is truth to it. this is an honorable man that's been through confirmation and his history would say it's not in his character. neil: senator, thank you very much. >> you bet. good talking to you. neil: i appreciate it. i did mention judge kavanaugh, he's at the white house again. the second time in as many days, don't know with whom he's meeting. the white house stands by him. thinks he's a good man.

should be allowed to testify, that his accuser christine ford should be allowed to testify as well. no formal response she will, indications are she will. unclear how they go about it, whether it's her first to make her statements and then the judge comes into respond. hard to say. this was not expected at all, and now it's all anyone's talking about. after this. . .

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me a fish net. this is a road overwashed here in lillington. if you look way far down there, that is, cape fear river. obviously out of its banks. a lot of roads cut off as a result of this. some guys come down here, we're trying to grab fish. the guy handed me a net. i almost had that one on the air which would have been interesting, probably in violation of some dnr laws. the good news beyond the fish, that we've, almost got another one. did he -- no, he didn't. that, the river levels are going down here in lillington. the water is moving down to fayetteville. we heard from the mayor of fayetteville who says we think we've seen the worst. there is a little more water coming but we think we can handle it. that would be good news. the unknown at this point is wilmington. that is far down the cape fear and that, at this point is still underwater and got a lot more

coming at it. we look for what we believe are river carp. they're not catfish. and if i get one, i'll let you know. neil: jeff, it really is time to come home, buddy. you know, you've been working very hard. reporter: you get a little crazy in a hurricane. neil: i understand. but you know, you need to come home. you're the best, buddy. thank you very, very much. let's get to the latest on this this could have been a whole lot worse here. jordan bloodsworth is one of the reasons why it isn't. member of louisiana "cajun navy." they made fame for themselves in sweeping efforts helping folks after hurricane harvey in the houston area. doing so this time around. good to have you, sir. how is it looking there? >> we got out of the county we were in after being at the eoc for a few days because we were

monitoring the river levels. we left two of our guys and their airboats in pinder county at eoc and three of us pulled out so we all wouldn't be potentially on an island all together and most of our resources trapped against the rivers did rise like they were anticipating. so we kind of pulled out a little bit. we're monitoring it from a distance now. neil: with the flooding going on, how many people are stuck in their homes, or did many of them leave and heed warnings to get out of town? >> there was a fair amount that got out actually and heeded the warnings. as always people stay and don't think it will be as bad, you know as the previous one, or can't be any worse. so we were able to probably get around 100 people out of tinder county about two days or so, but the rainwaters receded and the roads opened. so there is a lot of movement.

i'm not sure if people will go back in to think it was over, or everybody was trying to get out, exactly what would happen. they're anticipating a pretty fair amount of water coming up and flooding things again as this river spills. neil: jordan, thank you very, very much. and your entire navy there, once again, beck and call to help people in need. they don't forget them. i'm sure that is an understatement. jordan bloodsworth with the so-called cajun navy. we'll have a pool spray shortly what the president thinks about the ongoing and escalating trade back and forth with china. he is saying that he cannot let china take advantage of us. we may make a deal at some point. he also says he is open to talking to china but of course this on the heels of upping the anti, expanding to 200 additional billion dollars worth

of targets. chinese targeting 60 billion. the read and hope tariffs would not be as high as they are on our side and not as high as the chinese are threatening on their side. with that there is optimism and a rally ensuing. there you go. more after this. ♪

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giving you the power to actually lower your cost. unfortunately, it can't do anything about that. now that you know the truth... are you in good hands? neil: all right, how many times you caught me saying this, the markets are worried about a trade war or supreme court pick, who might bet picked apart to the point that he doesn't make it to the supreme court they have a funny way of showing it. we're at or around session highs right now. virtually all the dow stocks, say verizon, proctor & gamble, mcdonald, dupont are participating in the rally. you have to wonder what that is about. maybe ill winds blow including the kavanaugh situation and trade situation seems to escalate, maybe not. get the read from the national taxpayers union senior fellow, mattie dupler. what is going on.

doesn't jive what you see happening. the markets are dismissing this for the time-being. >> this is the conversation we've been having many months now, we see negative trade action coming out of the white house the markets seem to kind of shrug. there are a couple different theories. one. things that the market generates confidence. markets do well, americans feel like they're doing well. i think less about the market more than six weeks from today with the midterms happen. i'm very concerned about the fact that the administration is arguing we should have more tariffs at border, more taxes at the border, which is what tariffs are a couple weeks out after election. what i would like to see all americans going to the polls on the fact they are better off now than a year ago. that is objectively true based on trump's economic agenda, deregulation, tax reform. families are doing bet. businesses are able to invest here but the trade war does increase uncertainty in the economy and as we see that creates volatility in the market, which could have an

effect on consumer enthusiasm. in november i happy that doesn't have an effect on voter enthusiasm. neil: that is very well-put, mattie. i tell people in years of doing this, too many years by the way, markets don't ignore news. they are very cognizant on what is going on. they choose to focus what worries them and what doesn't. if all the developments including the kavanaugh situation isn't wore iing them, how would you markets fret about kavanaugh. he is conservative justice and pro-business judge at that and they like that on the court. so so you could make the argument it is in their interest to get someone of that ilk on the court. i am not making a blanket statement but i'm allowed to do that. >> it is your show. neil: exactly. what i'm saying they're not worried that is going to happen. on the kavanaugh situation right now, you could make just the

opposite argument that it is looking dicey for him. what are your thoughts on this? and where this is all going especially with the monday hearing and all of that? >> listen, i think that you look at the supreme court. it is a little bit of a fool's errand argue one justice can auger what the supreme court will rule. look at john roberts, conservative elected to the supreme court, effectively the guy held up obamacare. neil: you're right. >> there is a lot of question, if you're a conservative looking at court, looking for someone with very i guess consistent jurisprudence so you can at least contemplate what philosophy they have looking at some of these cases but ultimately that hasn't been a good predictor whether or not a decision in specific cases has had a conservative viewpoint. neil: not to be rude. >> go ahead. neil: take the extreme case. i can't man it, but it could happen where his nomination explodes for whatever reason. then republicans we're told would try to get a replacement in there. time would be of the essence

obviously. neil: sure. >> they lose the senate in the midterms. all of this is series of domino events would have to fall just like that for democrats. we could conceivably have quite a long period of time, a year or more of an eight justice supreme court. how, how likely is that in your eyes or are we just giving the worst-case scenario, that is unlikely scenario? >> yeah. i don't see that being the outcome if the kavanaugh nomination ends up being delayed in any way. if the kavanaugh nomination doesn't happen, he does not get on to the court before the midterms i think what that does, that really edifies most americans opinions of washington, that we can't get anything done here. what really has -- neil: in that situation, regardless what happens in the midterms, say the senate were to switch, republicans would rush through his nomination in that -- >> neil, here is the thing, neil. i think what that does, that really does codify what most americans think about washington, nothing gets done here. that is bad news for democrats.

you have 10 democrats running in states where trump won. so those democrats will have to go home to explain to their voters why they deserve to stay in washington when voters are upset what we can't get a basic, conservative pretty unobjectionable guy on supreme court f they can't do that basic function ever government, democrats will have a hard time explaining to voters back in their state were they deserve in washington, d.c. i don't think it is likely at all, but less likely that the democrats take the senate and there is a lot of runway to get someone nominated to the supreme court who is conservative jurist and serve the interests of taxpayers. neil: mattie, great seeing you again. >> thanks for having me. neil: let's get a couple updates what is happening here. we're going to the white house where we shortly get one of those pool space where the president is with the polish leader. takes questions on host of issues, already has we're told on kavanaugh judge fight whether he makes it to the supreme

court. also the economy and these tariffs. one of the things i should say about the tariffs tim cook has come out to say of apple fame that he is optimistic that the u.s. and china will have productive talks and end this impasse. he has reason to be very, very concerned of course. a lot's on the line. so far apple watches and airpods would be spared from tariffs but almost everything else the company makes, including phones and ipads, all that other neat stuff would not. after this. want to get to the f

everything. we want everybody to be able to speak up and speak out. the fact this should have been done a long time ago. and when senator feinstein had judge kavanaugh in her office for a long time, she never even mentioned this. that was a long time ago. never even mentioned it. so why would you bring this up sitting in her office for a pretty extended period of time? so it is unfortunate. he is an incredible man. he is an incredible intellect. he will make an incredible supreme court justice. we feel we want to go through a process. we want to hear both sides. [shouting questions] reporter: how important --

>> i don't think the fbi should be involved because they don't want to be involved. if they wanted to be, they should do that. they say this is not really their thing. i think politically speaking the senators will do a very good job. they really will. they will open it up and do a very good job. [. reporter: mr. president, how important is it to you security of poland? >> security of poland? almost as important as -- >> [inaudible] >> you know what? it is very important to me. extremely important. they are very special people. it's a very special country. it's a very brave country. i think one of my best moments was making that speech in poland people liked me and i liked them. they're very, very exceptional people. the security of poland is very important to me and it is very important to our country. >> mr. president are you willing

to declassify other -- [inaudible] >> we'll see. we want transparency. what i want, i want total transparency. this is a witch-hunt. republicans are seeing it. the democrats know it's a witch-hunt too because they don't want to admit it because it is not good politics for them. it is a terrible witch-hunt and it has hurt our country. the things have been found over the last couple weeks about text messages back and forth are a disgrace to our nation and i want transparency and so does everybody else. as you know congressional committees came to me and they wanted this. i did it based on their request but i think it is a good thing we should open it up for people to see. thank you very much, everybody. thank you. >> let's go. make your way out. let's go. make your way out. press, let's go. keep moving. let's go. let's go. >> we're done thank you. >> specifically i be i think it is something that he will do very well. i think specifically i haven't

wanted to speak to judge kavanaugh because i somebody would ask you the same question that you asked me, have you spoken to judge kavanaugh. specifically i thought it was good thing not to. he can handle himself better than anybody. he is outstanding man. >> owe knows you support him. >> i'm totally supportive. few people i ever seen, i know a few people of great success have not been out standing as judge kavanaugh. >> is this all politics? i don't want to say that maybe i will say that in couple days but not now. >> let's go. make your way out. >> we're done, thank you. >> let's go. make your way out. >> let's move. >> we're done. >> thank you so much. >> with poland, thank you. neil: always listening at last second, there might be something mentioned there, again the president oddly enough saying

even though judge kavanaugh has been in the white house for the second day here he has not personally met with him. others have. we don't know who the other individuals are. the judge is waiting things out, looking for opportunity to speak before the judiciary committee next week. we're told his accuser will get the same opportunity. ostensibly she agreed, although they have not formally heard from her she will. we talk about the back and forth trade talks and where they stand. president says he is always open to talks with china. to nyu marketing professor scott galloway where this is going. professor, good to see you. the markets were interpreting this could be a lot worse. the chinese could have responded with steeper tariffs, implementing all of these at much steeper level and we haven't. is that good news, or how do you hear isn't. >> the markets believe cooler heads will eventually prevail. this has gone from a border skirmish to a conflict but

markets don't believe it will erupt into war. neil: do you? >> you know, rationally no but that's rational thinking. i'm not entirely sure there is a good reason this ever started. what is interesting about apple being exempted, is one, both parties, the chinese and the -- neil: its products are exempted for time being. >> apple, iphone and seven dwarfs. if you exclude the iphone, largely excluding apple, okay? whether it is the cases or some of their other products that is, you know, that is foam. neil: did they get special treatment? >> that is the correct question. when you have the most value ab, most successful company in the world, has a lot of power in washington, what does it mean those companies can avoid effectively a tax, when rest of middle america and corporate america doesn't get same treatment and exemption from the white house? i would go to larger narrative, these companies in my view are

becoming too powerful. when the most successful company in the world is not subject to this tax, means less successful companies are subject to a greater tax. neil: for holiday sales, impact from everything from curtains to tea cups, the list was staggering but it would have an impact this holiday, what do you think? >> you and i weren't in the business we're in would we know the tariffs would have happened in six months? the changes, your whole -- neil: in other words there is time period. >> it is incremental and small thing across several things but here is the thing. an individual with 10,000 instagram followers, an individual who is host of powerful program who wears the iwatch, the individual who is on tv a lot who carries an iphone, most influential people in the world have one thing in common, that is ios. if all of sudden media running that your iphone gone from 1100, to 1180 bucks it will

become very real very fast. neil: you don't want to tick off that group? >> 100%. supposedly on china side, two million people get their living directly from the apple supply chain. neil: is that right? >> both have a reason not to turn this into a full-fledged war. neil: i knew you were a genius, professor. scott galloway. we don't know what the president will mean or next step in all of this but to the professor's point the markets are reading this, we dodge a bullet here which is odd because no one can even see the gun after this. so a tree falls on your brand new car and totals it.

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i call it my "comfortable future plan," and it's all possible with a cfp® professional. find your certified financial planner™ professional at letsmakeaplan.org. >> kavanaugh is anxious to do it. i don't know about the other party. but judge kavanaugh is anxious to do it and a delay is certainly acceptable. we want to get to the bottom of everything. we want everybody to be able to speak up and to speak out. the fact is this should have been done a long time ago and, when senator feinstein had judge kavanaugh in her office for a long time she never even mentioned this. neil: all right, the president saying may be delayed but not denied. his choice to become a supreme court justice brett kavanaugh, will still get his day. he will have a chance to speak as well as his accuser who

insists when they were back in high school he assaulted her. we're talking about christine ford who we're told will testify as well. no confirmmation of that from miss ford herself. we're watching that closely as edward lawrence on capitol hill with the latest. edward, what would happen if she doesn't? >> that is exactly what republicans are talking about now and senator mitch mcconnell's office. they figure out what happens if she does not show up to the hearing. as of right now i can tell you senator chuck grassley reached out to her lawyer and they have at this hour still not heard back. they did try to get him last night. senator grassley says he wants to hear from both judge brett kavanaugh and christine ford about what happened back when they were both in high school. last night grassley said that he held a phone call, bipartisan phone call with committee members and judge brett kavanaugh. grassley says last fight he also reached out many times to the attorney for christine ford to try to get her to do a similar phone call with bipartisan senators and did not hear back again. they're continuing to try to get

those responses from the attorney there. the grassily saying that he wants to have both of them under oath at a hearing on monday. they're trying to figure out what happens if she does not show up. now republicans on the judiciary committee like senator bob corker say the hearing on monday should be enough to answer questions. >> you know, we have two individuals here that, that need to be heard and, look, supreme court balance is a big issue. reporter: democrats on the committee says there needs to be a full investigation into this. the ranking member, senator dianne feinstein says the fbi need to reopen the background check. she wants to hear from friends of brett kavanaugh during high school and anyone else who may have known about the incident. democrats say they want to just get to the truth what happened 36 years ago. >> if these allegations are true, then i could not vote. i think it would be a disqualifying factor. that is just the way it is. i think it is important to do

otherwise would send a horrible message to young men and women across this country. reporter: judge kavanaugh has vehemently denied he did a sexual act or was sexually abusive to ford back in high school. back to you, neil. neil: edward lawrence, thank you very, very much. judicial crisis network is launching 1 1/2 million dollar ad offensive to defend the judge. to the group's chief counsel. carrie what will this ad be about or this campaign? >> ad features a woman who has known cavanagh for 35 years, dating back to the time of these allegation. she says i'm not someone who is political. i didn't want to do ads per se i felt like i saw someone i knew and i was able to speak to his real personal qualifications. this is someone who is even-handed, is fair, thoughtful, respectful. this is the kind of person we want on the supreme court. and we felt that it is important as judge kavanaugh, he will have

an opportunity to speak more monday. meantime a lot of people saying things about him. he has a limited means to respond. we want to make sure those voices are out there who say i have known him. this is not in keeping with the brett kavanaugh we knew, much like those 65 women who signed a letter from high school saying, he was respectful, he was decent and always treated us well. this does not add up. does to the factor in with the brett kavanaugh we have all known for decades. neil: fair and balanced. we reached out the group promoting ads that argue in defense of the women making these charges and she should be heard. we have not heard back. carrie, on this, republicans can be in a no-win situation, then so too can democrats. how does this play out if it is proven these allegations are accurate? very hard thing to prove nearly four decades after the fact but then what you? heard from a number of republican senators including susan collins yesterday, jeff

flake and others, if it is true, it is a non-qualifier, what do you think? >> look, the allegations themselves are vague enough and i think subject to trying to figure out what her perception, what was the fact in there even. it can cover a range of conduct from simply being boarishness to attempted rape. hard to know, now it concerning she may not show up at hearings much. neil: she doesn't even show up, what do they do? there have been a number of democrats says it has to be thorough fbi investigation. chuck grassley says the investigation is over. they have already done it. democrats say you can't wrap up an investigation that quickly. so he is lying. just going back and forth on this. >> tell that to the fbi. neil: i mean, this gets delayed on that basis alone? >> look the fbi says they finished their investigation. no federal crimes. it is not their job to dig deep and look at credibility of

various witnesses. democrats are asking, this is not really, they don't want a specific thing. if the fbi were doing an investigation, they would want the next step. they're trying to create delay. look you had democrats claiming we need public hearings. maybe she doesn't want to show up. of course that would be a difficult situation. senator grassley was trying to originally to set up a situation would have had more confidentiality so she could have had this back and forth with the justice and judiciary committee, they didn't want that. so i feel like at this point, everything around this points to they are using her allegations simply as political pawn here. they want to delay this nomination like they have since january, since really before kavanaugh was announced as a nominee. yes, we should respect her and give her the opportunity to be heard if she wants to do so. however, this cannot be allowed to be transformed into just a blank check for indefinite delay of the process. it is not fair to her, particularly not fair to judge kavanaugh who has been accused, his reputation is being

besmirched, someone spent 25 years public service. has undergone six fbi background checks. they certainly didn't find this allegation because she, hadn't said it to anyone for 30 years. nothing similar. this is totally out of character for the person we know and his reputation is really being dragged through the mud here. neil: carrie, thank you very. we put out calls to leading groups said no one is thinking of this woman, that it is very unfair and republicans are trying to rush this. i think we'll get them. i think fair and balanced we will make a point to get them, there, just to get this across. all of this coming at a time when maybe the pressure coming off a lot of those democrats in big states that donald trump won, might be off the hook here by voting no on this because, they could argue well, there were significant doubts. the read on from a.b. stoddard on that. what do you think of that argument, ab? >> i think that's true. we don't know what will happen on monday, neil.

if dr. ford appears, and gives testimony and, so does judge kavanaugh, we'll hear what they have to say. nobody, at it point i have no idea who to believe. he has given an emfattic denial as you know. he has not said maybe i didn't mean to be too rough or aggressive and that kind of thing and boarish behavior. he denied this there is no room for anything, if there is any other witness that appears between now and monday or any other stories that are similar, that is a huge problem. look, democrats are going to hear both sides and those vulnerable democrats he mentioned up in trump states he won some landslide states, they will have a tough decision to make. i think some of them were going to vote for judge kavanaugh before this happened. they will have to reassess that, if republicans break rank and peel off to vote against judge kavanaugh. democrats will say, if republicans are voting against him i don't have to support him either. neil: which will be the more

angry block? more sympathetic to the "me too" movement, this is the latest poster case for that movement, at the don't want to tick off female voters and big surge of female candidates we saw after judge thomas and all of that, or is the group that will be ticked off that a nomination was jeopardized specifically because of this treatment? >> that's, that is the 64 million-dollar question, neil because we really don't know how the parties are going to conduct themselves. i don't have faith in either party to handle this well. i urge them both to be as respectful and as measured and as judicious and cautious and sensitive as possible. if cory booker and kamala harris are obnoxious to judge kavanaugh, they will drive out republican voters on november 6th. if he has to withdraw, nomination defeated, most cynical republicans in town are hoping for that will drive up republican turnout.

conversely, if the, president trump takes to twitter and says something in an attempt to defend him, bashing democrats, a little bit like he was saying today, if he goes after dr. ford, if the republicans on the committee or in leadership have a dismissive air in their conversation and their description of this, and comments they make before monday, if their mind is made up and they're not willing to hear her out, and if they behave that way in the hearing or beyond, they also risk driving up female vote on november 6 and risk a democratic senate. there is a lot at stake here. i hope everyone is on their best behavior. neil: ab, do you know what judge kavanaugh is doing at the white house second day running? >> the reporting was, he really huddled up with don mcgahn, white house counsel. he is trying to prepare for this. he hired a new lawyer as you know, beth wilkinson, not talking to president trump and trying to, i guess rally support

and more character witnesses and people coming to support on television. we know that they want that. all these ads are being run obviously preparing for any question you can get from either side on monday. neil: a.b. stoddard, thank you very, very much. >> thanks, neil. neil: latest on that what is coming forth from the back and forth legal discussions at white house. maybe i is trying to avoid him to not put undo pressure on any party. the president was more forceful on the remarks, that he regrets it but wants to see the process play out. the question is as tempers rise will anyone let it? after this. rising demand for lithium used in batteries is exceeding

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what? where's that coming from? i don't know. i started my 401k early, i diversified... i'm not a big spender. sounds like you're doing a lot. but i still feel like i'm not gonna have enough for retirement. like there's something else i should be doing. with the right conversation, you might find you're doing okay. so, no hot dog suit? not unless you want to. no. schedule a complimentary goal planning session today with td ameritrade®. neil: all right, i don't know if you're ready for a trade war that could impact your christmas shopping but get ready for a trade war that could impact your christmas shopping. deirdre bolton here on what could be affected and how soon. >> neil, i feel like i should have a little grinch hat on. we have three months to go but new round tariffs on chinese goods could cool some sales. they go in effect on monday. here is something we. christmas lights. i know.

handbags, tvs, computers, mittens and knit hats. you saw handbags here. that category is apparel. any wearable item with reptile leather. this is very specific. but that is the language in the paperwork. trump administration putting a 10% tariff on $200 billion worth of chinese goods last night. if the percentage goes higher next year, 25%. of course this recent $200 billion, that in addition to the $50 billion worth in tariffs that we already have on chinese goods. so i did go through the government list. obviously pulled out these because i thought they were applicable but there are 194 pages of items. i'm going to show you some more. i pulled out these. take a look. you will have perfume, sporting goods, clothing, furniture, all of that is on the list as well. by the way, getting back to the suitcase that you saw, the president of sampsonnite north america notified the wholesale buyers, carry goods, 10% price increases here, we

suggest you pass it along to consumers. americans import $3 billion in luggage and travel bags just from china. apple, a lot of people are wondering. we're speaking about apple's most recent day. so far the apple watch and airpods are exempt. apparently, that was a bit of a late-day negotiation. there are 300 tech gadgets i would call them. so those are two. apple gets 3/4 of annual sales from the holiday period. neil: that makes sense. that makes sense. wow. wild stuff. deirdre, thank you very, very much. reed on this tore the markets don't think any of this is going to happen. market watcher keith fitz-gerald. what do you think, keith? deirdre out hineed it beautifully. it isn't so beautiful for consumers maybe because the market doesn't think it is going to happen? >> well, you know, that's the thing. the markets have got kind of a numbness to the trade and and

deirdre is spot-on, the grinch could steal christmas. think of high-ticket items, cars are being pulled because of tariffs a lot made by shanghai gm. buick in particular is being affected. neil: soilyplay this out for me. markets ignored these threats. the market seems to think we'll get through the whole cavanagh stuff. do you? >> you know, stuart, neil, i'm sorry, neil, i haven't had enough caffeine which thankfully is not on the export list i'm having trouble reconciling this like a lot of traders. i think we'll have a significant ah-ha moment. i don't think it will occur before 60 days. when the retail holiday season, christmas season steps up, everybody will say oh, boy, we have serious problem. now you're talking about earnings potential. that is where it will really hit traders. neil: you know this is the first

day i can remember in this whole trade back and forth where the president employed patriotism with americans sticking with him on this telegraphing there could be some discomfort. first time i've seen him do that. wondering what he is laying the ground for? >> neil, you're absolutely spot on. this is interesting twist. what this is telling american people, this is the same thing we told american people during world war i, world war ii, other critical points of your history, you need to step up with your wallet because it is the patriotic thing to do. it's a very dangerous play. it reads between the lines showing you how expensive this could actually get. neil: thank you buddy, very, very much. caffeine or no you're still a genius, appreciate it, keith. meantime we are getting more details on christine ford. she is the accuser who said she was attacked by the judge, then high school student when they

were both in high school nearly four decades ago. the question back and forth whether we got a commitment on the part of miss ford to speak before the judiciary committee. we're hearing from capitol hill producer chad pergram quoting chuck grassley on the matter as to whether her attorney has been in contact with the committee and whether anyone has heard about it. we have not. so this might not be a given. this might not happen after all. we're still on it, after this.

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neil: time is of the essence maybe for the guy behind it but space ex-revealing first-ever private tourist to tour around the moon. it is not charlie gasparino. hillary vaughn with the details. reporter: neil, the japanese billionaire yusacu maezawa

dreams. it will be in march 2023 on one ever spacex's big rockets to help carry passengers. the bfr is 35 stories tall and will launch and land like spacex falcon 9 rocket with dozen people on board. maezawa put down a sizable payment that would help build the payment. the rockets that not been built yet. the company will do several test flights before they put people on board. >> it is dangerous to be clear. thisthis is dangerous. this is not walk in the park here. this will require a lot of training. when you're pushing the frontier it is not a sure thing. reporter: neil, elon musk kind of tempering expectations. he was asked if he would be one of those on board the first tourist flight. and he says he is not sure. neil? neil: all right, hillary. he has more terrestrial

concerns. here to get into that is charlie gasparino. what is going on with this guy? stop it. >> he is getting into trouble. neil: should explain he also run this is company calls tesla. >> he runs tesla. builds rockets, smart guy. he is another "rocket man." bill has the thing called spacex which builds rockets. this will be the first to go up there. will it be equipped with cannabis. neil: that's fine. >> i have a call into tesla or into spacex to find out. then he faces serious regulatory issues here at home. let's unpack it. he would go private, take tesla private, funding secured at 420. when that didn't happen, when it was pretty obvious he didn't have funding secured, the sec, we were first to report, launched a formal investigation into that. as ceo you can't put out false statements that move the stock. now we understand there is

basically a pro-forma inquiry by the u.s. attorney's office for san francisco where these companies are located. tesla, i think spacex is there too, looking at his statement as well. that opens this up to potential criminal liabilities. we should point out a couple things here. neil: is it automatic when that happens? >> gets to what i said earlier. the company is out with some statements which essentially confirmed what i said earlier. usually these investigations by the u.s. attorney after the sec launch as formal inquiry are pro-forma. they look at it too. the company is saying no subpoenas have been issued. the sec issued subpoenas. that means it is formal and it's serious. they made a voluntary request for information and handed it to them. two things. that means they're not quite investigating it. they're looking at it i guess the best way to say. if they really want to nail you, subpoenas, they document and they tell you to give, turn over everything.

you know how the u.s. attorney works. when they went after michael cohen, breaking down the door, we get everything. they're taking a look at this. that does not mean it is nothing to worry about. if they find something, for example, what they will look at, his tweets, or and his emails, if he is saying in emails to people, you know i really didn't have funding secured. i want to screw the short sellers like jim chanos taking advantage of this company saying it is not a good company, my numbers aren't adding up, that could open him up to some criminal liability. the fact they're snooping around on this is not good for the company. neil: do we know how much of his fortune is tied into tesla's stock? >> that is a great question and we don't know. i say significant number, when you say he is worth $20 billion, it is based on his ownership of the company, 20% of the company. neil: that is money he yous for spacex and rockets. >> that sort of stuff got him in

trouble. he bought another company that wasn't doing well, the name escapes me last year, people thought he used tesla shareholder funds for this company that had no real business being merged into tesla. so that is what got people looking at his corporate behavior. and under scrutiny we, people found that his numbers weren't adding up. his statements did not come, were not, he would say they would be profitable in next quarter they weren't profitable. that is when scrutiny came on him. he obviously cracked in some way. he put out funding secured tweet i could tell you this, criminal probe best way to look at it. will increase heat on the board to take the management, some management responsibilities away from him. to get him a cheryl samberg. neil: he can't stay in the current capacity?

>> i reported last night bankers are urging to the board to get him a number two that can share responsibility. neil: they don't want him out period? >> set company in many ways. he is the vision. neil: audi today debuting what is very sleek, polished workable concept and neil, when you get away from this stuff with investigations and pot smoking and things like that. you got to ask yourself, when you buy tesla, what is tesla as a stock? is it a great car that can't be replicated or basically a battery? they have a decent battery and ask yourself -- neil: both, right? >> all of a sudden you have audi entering the fray with something that offers both. i guess what i'm asking you, then, is that something he has to worry more about? >> yeah, if can you commoditize the car and all he has is battery technology, is the battery technology worth $300 a

share? i don't think so. i just talked to enough people, if you can commoditize the car, and ultimately commoditize the battery and you don't have a crazy ceo smoking pot, and doing crazy stuff. i don't know this to be a fact. people are like what happened to this guy? he snapped in six months. neil: they've been asking the same about you. >> and i did snap, by the way. neil: gary cohn, saying of jamie dimon, you'd make a great president. where did that come from? >> i think he believes it. typical wall street thing to say. it was interesting that he -- neil: he knows full well his old boss the president was ripping this guy. there's no lost love there. >> gary cohn, when he came out with a statement, i guess it was attempted downplay stuff in woodward's book that he pulled files off trump's desk. remember, he never denied the specifics. he said bob woodward misrepresented my wonderful time in the white house.

neil: he did not deny, that you are quite right. >> the other fascinating comment is simpossium how he tried to bully the reporter, the reporter said shouldn't people have gone to jail, wall street guys? he basically bullied her and she lost her composure a little bit. i would have said, gary, he would never do an interview with me for that reason, that and my comments about his hands. gary, why is it not fraud if you and lloyd blankfein one minute said that your balance sheets were a-ok, and the second you were taking bailout money? i mean, tell me why. he probably can't answer that question. neil: jamie dimon, he obviously regrets saying the president is dumber than he is. >> i don't think he regrets it. neil: regrets all this. >> a little too macho. neil: has he given up on a

political life? >> he gave another interview, and i spoke with his people over the weekend. i did a column about this in the post. he says for now, he's done, everybody knows he's not. all his friends, i've been talking about this for a long time. all his friends say the next thing he wants to do is that. now -- neil: this is about donald trump, he paved the way. >> yeah, and he thinks more if someone like trump can do it who he thinks he's smarter than trump and earned his money unlike trump and has less baggage than donald trump. if someone like that could do it, he could do it. i think he's underestimating trump's inate political skills. neil: very good. >> people don't appreciate. neil: are you bitter that you lost out on the bidding for the rocket to the moon? >> i want to know if you could smoke pot in space? is that legal? neil: okay, buddy. we're out of time. [ laughter ] >> a lot more coming up here. right now tesla stock is

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be the answer. . neil: four days since florence made landfall and still over 300,000 without power. to say people's lives are disrupted is an understatement. kristina partsinevelos in lillington, north carolina. >> that's right, i'm in ala mac, i'm treading lightly, there are first responders that didn't want to go further back because there could be sewage or rain holes that are open and then i would fall right through. they're walking through with sticks to make sure footing is okay. you can see this area is completely damaged. it's not under mandatory evacuation, but today they are asking residents to go through a volunteer evacuation. earlier they sent boats behind me, all the way down the

street. you can see all the mailboxes down there. just how far this flood damage does extend. in terms of the latest stats that we're getting. we're inteeg 10,000 people that are still in shelters in north carolina. just last night alone, i went to one shelter, there were 600 people in one high school in lumberton, one on top of each other. there is tons of volunteers, american red cross providing bedding but the situation is quite dire. why is that? because rivers are cresting all across north carolina. pender, new hanover, brunswick counties, all mass flooding. i was told by another reporter in elizabeth town, the water is rising in elizabethtown. yesterday, we saw cars completely submerged underwater, neil. definitely a bad situation given that 16 rivers are seeing major flooding. i've had people online asking as a business reporter, what are you doing covering the weather? you got to think about the

economy, the people affected and suppliers that aren't able to get into town to provide food. restaurants remain closed and the tobacco, cotton and peanut crops have already said they're facing damages, neil, as well. neil: all right, kristina, be safe yourself, thank you very much. in the meantime, we are waiting for the president. he's going to have a joint news conference with the president of poland with whom he struck up a very good, tight relationship at that. maybe this will be an opportunity for the president to update us on what he wants to do now about judge kavanaugh, the session and the hearing is slated for monday. not clear at this point since they have not heard from her lawyers is whether christine ford is going to participate. that's not a sure thing. after this. - at athene, we think it's time for the financial world to stop acting the same old way. you need a partner that is willing to break free from conventional thinking.

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. neil: be careful of the cure. that's all i'm telling you. >> i agree with it. neil: look what's happened. jeff. we rescued aig, the same with bear stearns, freddie and fannie, the market has a near-term pop. problem behind us. you know what we're going to do? if we do the $700 billion thing. same thing, the market is thinking we got this behind us,

and boom, they're going to be waiting for next dash for cash. why it the government need to do that? however hellish it might be tomorrow, if the house rejects it, let it rip. >> like the hissy fit you called it monday. neil: what do you call it today? it is a hissy fit today? jack, i'm saying -- wait, is that a mistake? >> this is a market. neil: that was the raging debate back then, with the late great jack kemp. what a wonderful human being, the same for jack welsh, arguably one of the greatest ceos throughout that time. and the issue for me at least, be careful what you wish for on the laissez-faire community beholden to the federal government for the biggest bailout in history anywhere, and that's in the back of our minds. too big to bail issue.

i don't know if that's gone away. david asman covering the same thing. we can rest assured, the market came back, it was largely provided by a federal reserve that kept interest rates at 0% and overly accommodative government that might have done the trick but set up the next trick. that was my fear then, oddly it's my fear now. >> i think it's certainly justifiable fear, and to the extent the government was -- which means the taxpayers. government isn't just a thing where man comes from heaven. the government is freedom, taxpayers, we're the people who bail out financial industry. we provide the guarantees that the financial industry never should have had for some of the lousy housing loans they were making. remember, that was at the core of this thing. banks were taking advantage of loans that were meant for common people, not for the high-flying betmakers on wall street. that's how things got

complicated. whenever you have the taxpayer trying to bail out the elite investors, a small group of elite investors, i think you have trouble. the good news now is that the economic boom we're in the midst of is not based on government intervention, it's based on government getting out of the economy to a great degree, in terms of regulation, in terms of lower tax rates. yes, we're spending far more than we should and the deficit is bigger than it should be, the extent the economy is taking off is a direct reflection of the government getting out, not getting in. neil: you think it could happen again. i know history doesn't repeat itself, but going back and forth, it does rhyme, and i'm wondering if a bank of america or another big u.s. institution, were on the brink, wouldn't we do the same thing? try to rescue him? >> i think so, let's face it, whenever we're in a crisis, we look for the big guy, the big government to bail us out, and we still have industries that

had a lot of contacts, they have a lot of lobbyists that spend millions of dollars on knocking on the doors of senators' offices and congressional offices, and very often, the squeaky wheel gets the grease, and these guys got a lot of grease during the crisis ten years ago. neil: i wonder in that environment when you had a wall street that was rescued and the picking and choosing in retrospect, i know you explored this on your show, the meltdown week we call it in retrospect, should lehman brothers have been rescued? it paved the way for other rescues. forced other rescues, the marriage between bank of america and merrill lynch. who would have you chosen or who would you have not? >> it wasn't just lehman, there were a lot of other financial industries. neil: bear stearns. >> larry kudlow, the big economic adviser was a chief economist for bear stearns.

he knows very well what this is about. lehman was an institution, went back before the civil war. for an institution to go under was monumental. >> they made the decisions on the fly. i'm not here to judge them. you and i interviewed all the principals under president bush. credit was frozen, jack welch said you couldn't get credit to save your life. they had to do something. i'm wondering if we set expectations by the same potential culprits to that crisis that they could think in the back of their mind. they'll bail us out again. >> remember the bottom of the market was in march of 2009, about three months after the crisis began, in september, and from there on, we went up but didn't go up as much as we should have. the recovery that president obama is bragging about in retrospect was a lousy recovery. one of the reasons it was a lousy recovery again is there

was too much government intervention. we never had the chance to grow beyond 3% during the entire era of president obama. not one year did we grow above 3%. that's a lousy, usually when recovering from a session as you well know, neil, we grow with great guns at the beginning of the recovery to make up for what we've lost. i really think we could have done better with less government intrusion because it didn't help that recovery. neil: we'll never know, i argue both presidents can take a bow, and every time i hear that i hear from both presidents' people. thank you, david. always the best. >> my pleasure. neil: the guy is an encyclopedia on this stuff. >> you, too. >> it's scary. we are watching getting ready for the joint press conference with president trump and polish president andrzej duda. ahead of that chad pergram, chad, what are you hearing? have you heard from the accuser's attorney whether she

is on board. that is christine ford, to testify? >> just in the past hour, neil, a conclave in the office of senate majority leader mitch mcconnell with the members of the judiciary committee. i asked chuck grassley, the chair of the committee, had they heard from her attorneys yet? not so far. the hints we're getting from the judiciary committee on the republican side, even if they don't have ford next week, they will go ahead with the hearing monday. i asked democratic member from hawaii who is a member of the committee whether or not democrats will show up? she said of course, we're not going to let them continue with the charade, her term, themselves. ford probably feels victimized and the democrats want the fbi report to come out and take time to do. this jeff flake, who is a member of the committee, republican from arizona, indicated this should be enough time to have ford talk to the committee. it's a week's time before when they announce the hearing last night until next monday.

enough time to get ready, and she is the one who said that she wanted to come forward. jeff flake says, neil, she ought to come forward and talk at the hearing next monday. neil: the democrats are saying this would be a charade if republicans are talking to kavanaugh? >> right. this is the risk. neil: because the republicans are the ones to say it's a charade if she gets free reign to respond to accusations, would she start and he respond? how is it going to go? >> this is uncharted territory. in my reports, i keep going back to the model from 1991 with what happened with clarence thomas and anita hill. they first heard from anita hill and then clarence thomas. there was a weekend full of 21, 22 witnesses who they heard from, so far doesn't look if

they forge ahead they would just have kavanaugh, just ford, and no witnesses. i asked orrin hatch, republican from utah, what if there was somebody with corroborating evidence or exculpatory evidence, would they allow them to come forward? i said it would be a good idea. republicans are saying we want to hear from the two witnesses, and the difference here is you don't have the fbi report there. had already been that fbi probe in 1991, which the judiciary committee had about the allegations that anita hill made of clarence thomas, and then it was leaked to the press it. leaked into pr at that point. we're at a little different situation without having the fbi report. if the democrats want to drag this out, who knows how long it would take to get the fbi report out. it would help ford? help kavanaugh? that's the potential. neil: is there any sense at all, that this gets significantly delayed to the point we're after the midterms now? >> that's hard to see unless they say all right, we're going

to have the fbi report and however long it takes, that's the question. or if maybe they don't think they have the votes on the floor but think they're gettable. i always talk about the narrow turning radius, 51-49 in favor of the republicans. not much room to spare for the republicans. susan collins from maine or lisa murkowski jump off, but think they get them, if they say i want to have an fbi report, they might delay this a little bit. lindsey graham, republican senator from south carolina, reminded reporters that republicans on the committee, republicans run the committee right now, not ford's attorney. you could see where this wouldn't drift too late, but i think that mitch mcconnell, the majority leader is a good enough vote counter to know if there's a failed vote coming, he would dial this back or convince the administration to withdraw the nominee. that's why the nomination sits on the razor's edge, you don't know about the other voters,

collins, flake, murkowski and maybe others, how is this perceived by the electorate, six weeks before the midterm elections? do they feel they are giving ford the chance to come forth? treating her with respect? or does this backfire on the democrats and say this is some cookedup allegation that's unprovable and this was another albatross to sling around the neck of brett kavanaugh, that could backfire and energize the voters in the elections. neil: it would take the pressure off them if they voted no, right, given all the noise around this? >> possibly yes, but it's not if they vote yes, for kavanaugh that suddenly the republicans or democratic senators turn around and say all right, the republicans are going to call off the dogs. but again, they could face more pressure because they did vote no on kavanaugh, and again, they are up for re-election in republican trump states. that could work against them in respects.

the bottom line here neil is the terra firma for the midterm elections as predicated around kavanaugh, we don't know how this will upset the elections. neil: you laid it out brilliantly as you always do. chad pergram in washington. the left of the screen, the white house and counterpart from poland, andrzej duda. they are compatriots on everything from terror to trade and a lot of the issues we just spoke about. we'll be coming up. more after this. you wouldn't accept an incomplete job

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neil: waiting for the joint press conference between the president and his polled like counterpart. a lot of other questions come up. trish regan is here. trish: president trump slap as new round of tariffs on $200 billion of chinese goods. a few minutes from now we expect the president to comment on his america first trade policy when he holds a joint news conference with the president of poland. you're looking at a live picture coming to us. mean while china firing back on its own tariffs on $60 billion worth of american goods. this trade war is not worrying investors. the market is up triple digits. not bad. i'm trish regan. welcome, everyone, to "the intelligence report." ♪