rally has a lot to do with president trump's tweet. he talked to and called president xi of china. they had a positive conversation about china trade. when that news came out the market went up, added another leg higher. there you have it. we're up 200. neil. i believe you're back. take it away neil, you're back. neil: thank you, for my friend connell mcshane while i was out. a lot happening in the days intervening here. the market wants to restablize on november 1st, all saints day, looking for heavenly guidance on that. this is something stuart pointed out. if you have any doubts that this market sort of moves along on progress or lack thereof on the

trade front. president tweeting he had a productive phone conversation with xi xinping of china, that they're meeting later this month, that was enough to grease the skids on this buying rally already up nominally. in fact the president is going to be dealing with a lot of issues at the same time today, not only refreshing reporters what that conversation with the chinese leader might have been about what progress hopes to make on immigration front, the caravan. blake burman is at the white house. reporter: first that tweet from the president on trade. secondly this announcement that the president will be addressing us at 4:00, in the roosevelt room, he will discuss the immigration crisis as one white house official put it to me. we look forward to that about four hours from now. after that the president will hit the road. he will be headed to missouri

for the midterm final blitz in the last five or six days. there is a huge race in missouri. another senate race as republicans try to keep control of the senate. features claire mccaskill. latest "fox news" polling shows this remains dead-even race. last three fox news polls have it just at that, dead-even. the white house in the final push, continuing to make the argument, we heard from larry kudlow, we talked with stuart varney a little while ago, they believe, somehow if there is a power shift up on capitol hill, most likely scenario believe potentially democrats taking control, that if that happens, the white house believes you're not going to want to look at the stock market in the days following. here was kudlow just a little while ago. >> one of the factors worrying the stock market or rattling the stock market is the possibility of a new house of representatives, a takeover, if you will, and that may lead to

efforts to raise taxes, and take away what we've done, and continue to raise regulations. reporter: to that point, neil, i asked kudlow just a little while ago after he got done talking with stuart, we spoke with him on the north lawn, even imagine the doomsday scenario for republicans, somehow if democrats were able to win the senate and win the house, the bottom line reality is, there is still a republican in the white house. so i asked him, even if that were to be the case, why should we fear that there could be this market turn considering the president would veto anything as it relates to a tax increase? kudlow told me at this point, it i simply just a risk. when i asked him whether or not he feels because after october slide, this pullback, the president talked about is priced in, he said at this point, it could be. neil? neil: what is a little weird

about that, the markets long factored in, they could be wrong, we talked about this before, blake, that the house is going to move over to the democratic aisle here. if that was a sudden fear, it has been baked into the cake for a while. it could be very, very wrong. looks like they're trying to preblame whatever is rattling the market on democrats. >> there could be preblaming here on the political front as well. you know, it is not a certainty that democrats are going to take control of the house. you know the best estimates at this point say there might be 80% chance or so, but you know, this white house also says look back to 2016 and look at how the polling was then. neil: absolutely. absolutely. reporter: anybody who thinks they know what will happen on tuesday, neil, it ain't the case. neil: you do. outside of that, very few far and between. like the weight thing with me. i can blame a thyroid. sometimes i have to look in the mirror. the administration, you own the market on the way up and you own

it on the way down, whatever you want to do. thank you very much, my friend. on earnings season we're 2/3 of the way through this, that is the wind at the market's back. fully eight out of 10 companies reported handily beat earnings estimates. close to 2/3 beaten on the revenue side. top-line growth has been a big factor. that is one of the positive developments here. to market watcher what he thinks is continuing. what do you think, mark? >> investor need to look long term. it is great when earnings come in high and consumers feel good right now. we have a lot of people going back to work from an economic standpoint. as a matter of fact you could make the argument you have more jobs available than people willing to take them. that is great. the tax cut helped consumers more money to spend. that increases economy. that is all great news. that is probably why donald trump numbers are so high for approval rating right now. that doesn't mean you necessarily can predict the

market. look a couple weeks ago, the market was crashing. a lot of people were saying get out. markets are random, unpredictable in the short term. neil: for larry kudlow, it might be a wide strategy saying don't look to us for the markets turning south, look to in this case the white house view about the fear of democrats taking over the house leading to this. what did you you make of that? >> we did a study looking back, a lot of people are afraid of that, especially conservatives, don't blame them, we looked back 60 years, republicans versus democrats had the house, there is zero correlation. there is zero correlation when republicans versus democrats have the house. so for investors trying to make that analogy, don't make that analogy. the number one rule for riding a roller coaster, don't jump out of the roller coaster.

that is what investors need to do right now. buy the thing when it is low, not sell it when it is low. neil: in a rocky october, famously the market the come back in november. they were coming back in the final few days of trading, it was still awful month no matter how you look at it for all major averages. what do you see november looking like? >> if you look at statistics, the reason if october is down, september is up, that is normally the rule. vast majority of the time, 75% of the times, roughly, 12-month period the market is up, not down. when it is up, it is up on a range of about 20%. when it is only down, it is down in range of 13%. if you can imagine that is game in vegas, how many people would play that game. up 24% versus negative 13. vegas would go broke. investor need to be long-term

focused next 10, 15, 20 years. anyone tells you they can predict the next month is dilutional or lying. either one. neil: 10 or 20 years. i'm looking at lunch sometime next week. we have to find a happy medium. thank you very much, mark. we're showing the dow up 208 points. interest rates they have been kind of all over the map here. they're expected to still back up that could end up being a factor in the election on tuesday, but it is anyone's guess whether this latest noise sort of rattles investors to the point they reflect it in voting. to america rising pac alex smith and democrat commentator danielle mcglocklin. welcome to both of you. alexander, the notion that the market will be its undoing -- looks like a stretch i don't think people respond on upside rather than on the downside,

your thoughts? >> economy is a double-edged sword for republicans. on one hand we have great numbers, we have more jobs available than actually people to fill them. on other hand that could do one of two things t could lull republicans and conservatives into a false sense of security. oh, i can stay home. i don't need to go out and vote because things are going so well. it could cause independent and undecided voters to start thinking about other issues that gives them the liberty to start thinking about other issues rather than their own pocketbook. so i think that the economy is sort of a double-edged sword for republicans in that way. that being said i think stronger numbers tend to favor our chances in the midterms more than they hurt them. neil: one of the things has been mentioned, hard to get early read on this, a lot of swing state particularly, more for senate and gubernatorial battles because house races are district by district, that republicans tightened thins up. we've also seen early voting benefiting republicans early on,

substantially more than we did see even four years ago, your thoughts on those noisemakers? >> it is interesting because, normally in this off year you do see far more energy from the party that doesn't have the incumbency and all of the polling prior to i would say the last two weeks, democrats had really had energy, kavanaugh, a lot of things energizing democrats. a couple of really close races are particularly interesting to watch. one of those would be arizona. pretty deeply red arizona, the place of barry goldwater, john mccain. we're in statistical tie. it will be interesting to see whether, whether martha mcsally is there, whether sinema takes it. new jersey is place where democrats need to be concerned. now bob menendez is in the margin of error. neil: unheard of. >> unheard of in deep, deep blue new jersey. there were issues with him. voters have the opportunity to say what they think about that

next week. neil: kavanaugh situation, it has galvanized democrats, and republicans, each saying their base was sort of offended. who wins out on that? i'm already thinking in our fast news environment it is kavanaugh. >> to the kavanaugh hearings they are about a larger argument, in the democratic house or democratic senate, you will get constant obstruction, you will get constant attempts to impeach the president and justice kavanaugh, that is what democrats are talking about. that is real turnoff to independent voters. to arizona where danielle is talking about, democrats thought they had expanded map opportunity. it hurts especially they have to, chuck schumer's super-pac had to dump 6 1/2 million dollars into new jersey to help bob menendez when that could have gone kyrsten sinema. i think what is happening in

arizona why the polls are tightening, kyrsten sinema past is coming to haunt her. she was loony tune iraq war protesters in 2003. she summon ad witch's could have vin. neil: that is even race, right? >> martha mcsally came out of bruising primary. previously republicans were little less optimistic about the race than we are now. neil: what do you think of the president flaming selloff on fears of democrats taking house? whatever you think of the president, whatever you think of the argument, i don't agree with it, i think republicans reek out enough to maintain the house, i could be wrong, that fear has been baked into the cake quite some time. what gives this new added immediacy? >> fear. you think about fear, markets abhor uncertainty. we're seeing uncertainty lead up to the prays.

i praised sinema and i have fear of use these things to drum up fear. this is battle of idea. neil: they're using names like maxine waters would be running the house financial services committee. that rattles a lot of investment folks. i think people have known that for a while. >> right. at the end of the day, if democrats get house, don't get senate which statistically most likely outcome here we'll not see enormous amount of difference i think, president is republican with veto power and senate, which we can't pass legislation without both houses. neil: which is your argument. >> uncertainty cuts both ways. cuts in terms of economic effects people might fear from democratic congress we hear of talk a lot of democrats in particular midterm election went way to the left talking about medicare for all, free college tuition. there are a lot of big ticket spending items on democrats

list, that investors to fear. that being said, there is fear of political instability because democrats are very much talking about impeachment. this is tom steyer's campaign. he gave a lot of money to democrats this midterm election. this is what a lot -- dianne feinstein herself said she would be open to impeaching justice kavanaugh. i think that is the kind of -- neil: i think you might be right. might start in the house. it will be very hard to close the deal like that in the senate. >> first of all, republican control, never going to happen. one thing democrats are being a little bit careful about, right thing, wait for the mueller report. wait for the mueller report. let's not obstruct the mueller report. let the truth come out. let the american people make a decision through their elected representatives what was done, what wasn't done. neil: should be soon after the election, right? >> "politico" is reporting there is possibly a subpoena out there, hard to say. neil: subpoena of the president. that's right. ladies thank you very, very

much. peek what is happening at corner of wall and broad. first day of november, after shellacking of markets in october, markets are trying to come back. most crises in the past that is exactly what happens. after rocky october we have a soaring november. it could be short-lived as well. there are a lot of currents under this market, midterm elections and what is going on in china. big lift in china, most of the lift reflecting here the president's tweet, he and chinese leader had a promising phone conversation, making progress on trade. that is how it was interpreted. stocks ran up, i told you all said and done, trade, progress, lack thereof, dictates course of these markets. more after this. hi.i just wanted to tell you that chevy won a j.d.power dependability award for its midsize car-the chevy malibu.

i forgot. chevy also won a j.d. power dependability award for its light-duty truck the chevy silverado. oh, and since the chevy equinox and traverse also won chevy is the only brand to earn the j.d. power dependability award across cars, trucks and suvs-three years in a row. phew. third time's the charm...

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neil: all right. you have been watching areas all around the country, google staff essentially are staging a walkout over sexual misconduct and allegations hidden from many workers and others. lauren simonetti with some of the details. >> all across the country, neil, all across the world, hundreds, even thousands of google staff and contractors are walking off their jobs today from japan to london an dublin, right here in new york city where google

started walking out an hour ago, in protest how google covered up allegations of sexual misconduct. the protest is called walkout for real change. it started with a "new york times" report that said google paid the creator of its android software, andy rubin arbs 90 million-dollar severance package even though google concluded the sexual misconduct allegations were credible. he denied the allegations. google said they fired 48 employees without pay for sexual harrassment. they said employees raised constructive ideas how we can improve our policies and processes going forward. we are taking in all of their feedback so we can turn these ideas into action. employees are demanding five changes. among them, an end to forced arbitration on harrassment and discrimination cases. a commitment to enpay and

opportunity inequity, and a new process for reporting sexual misconduct. so today to follow in the company's code of conduct which is doing the right thing, that means for employees, fairness and transparency in corporate culture. neil? neil: lauren, thank you very much. meantime it is earnings season. we're 2/3 through this. we have reports to report including apple after the bell. apple is more than a stock if you think about. it is high-tech combination, retail mutual fund if you think about it, the fact its products are priced accordingly. they pushed a pricing point on that, by raising some of those prices substantially. if you think about it, apple has been raising prices on latest ipad and macbook air, already double digits. people will absorb that. customers will continue to buy that, so the company hopes. go to tech analyst eric shafer.

we have market watcher dan shaffer. eric shiver. without getting details what apple might or might not report, they sell a lot of iphones and ipad, we know the estimate, they can sell them with generous margins. do you think that will still tin to be the case? >> i do, neal. they built such an amazing brand. there is tremendous loyalty with respect to the user base. the other thing going with tech, it becomes a hassle for people to change what they're accustomed to. so they have that benefit. there is this built-in connection, this emotional connection that people have, as well as the fact their data is there. i see it continuing. i think that is validated by the fact that warren buffett, being one of its biggest investors, what does warren buffett like? he likes companies like coke, that have again top brand power. so if coke wants to increase earnings they raised their

prices in certain cases by a penny or two. it make as major impact. apples that ha power. neil: so would hope but i was noticing looking at the macbook air and ipad pros just introduced, dan, they're going up by 20 to 25%. depending on the configuration, maybe up to 35%. that is a big ol' ticket price to absorb. what do you think? >> i think it is going to be a problem for them. in fact i think they expect they will sell less units because who needs a faster computer at this point? who really wants to make a change at those price points? i think they're kind of testing the water. i think it is dangerous for apple. ibm years ago had the same situation where they raised prices, sales dropped. that is my big concern. i will not change any of mine. i don't own apple. my wife does. neil: would you buy it now even with the correction? it is down 12% from its highs? >> oh, the stock, no, i would not buy the stock.

it looks like a head and shoulders pattern, it is below the 50 day moving average. earnings coming out tonight, based on what analysts expecting are lower on net income. the revenues will be the same, or changed. i'm seeing growth but not steadiness of growth that can support the stock. i have no ownership in it. neil: but your wife owns it. she is obviously doing sneaky stuff around it. eric, let me ask you apple i noticed last month did better than most of its tech competitors down about 3.1% when many of them were down four or five times, amazon by comparison and some of these others. what made it absorb the body blows by and large better than a lot of its colleagues? >> i think it is the loyalty factor, neil. people understand they have that capability to price power. were amazon, if amazon starts raising prices people will bail. i think you would have a similar

type of a situation with the netflix. but with apple, they will not go anywhere. i expect that the average unit price, price of an it phone, is going to -- iphone will continue to escalate. i think you see. neil: moving into the next quarter. they will do this for some time. the other thing they have in their favor, they are increasing their investment in r&d quite significantly than at anytime in their past so that portends good things to investors and certainly users of their products because they're going, they're going to create new things that could be very beneficial to future, you know, users and certainly investors. neil: guys, i want to thank you both, very, very much. a point of perspective here apple will be announcing after the close of trading today. some of the estimates out there besides getting into revenues and earnings, these are staggering numbers, the company is expected to sell 47 1/2 million iphones, 10 1/2

million ipads and close to five million mack computers. that is a high bar out there for apple. any company that can sell that number of products, 47 1/2 million iphones, just that in one quarter, that is why apple has such a high bar. it created it. meanwhile five days to the midterms the president will deliver an immigration speech, he will touch, we're told, visiting the 14th amendment, whether those born here should become american citizens. it is creating a big ol' stir. should it? after this. ♪ a sinkhole opened up under our museum. eight priceless corvettes had plunged into it. chubb was there within hours. they helped make sure it was safe.

we had everyone we needed to get our museum back up and running, and we opened the next day.

>> welcome back to "cavuto: coast to coast." i'm gerri willis live from the floor of the new york stock exchange. let's take a look at those "fang" stocks.

sort of a mixed bag right now. you saw facebook report last night. higher revenues and eps. look out because slower growth among people who sign on to facebook. netflix the only really good story here. investors are weighing whether a slump in internet stocks signals a global slowdown. that is one story out there. apple is higher coming into earnings this afternoon. earnings estimates 2.7a share, that would be up to 34% a year ago. could be a strong report. this is the world's most valuable company. i want to take to, apple's performance up and down. look at their supply chain though. i want to show you what those stocks are doing. analog devices, jabil circuit, qualcomm, micron technology, these stocks are clearly higher, strong performance from the companies who supply products into apple and apple hand-sets. that is sort of an interesting story, as we await all important earnings. remember those earnings will

only include about 10 days of sales before the quarter ended, of those brand spanking new hand-sets we've been talking so much about. and, i will send it right back to neil cavuto. mr. cavuto. back to you. neil: gerri, thank you very, very much. gerri willis on the floor of the new york stock exchange. apple is the biggie today. it is one of those closely scrutinized trendsetter developments and $2.78 estimate is the one out there. they dig deep near the numbers, how many units, iphones, ipads, imacs, that will be closely scrutinized at that. what that could portend for the holiday shopping season. also on the president's remarks out of the white house as he makes some immigration statements. this as the president we're told send up to, up to 15,000 u.s. troops to the mexican border. former aye director under president obama, johnstonwig.

john, as far as i know, we have along the border a little bit fewer than 2100 national guard men. so how will they interact with these troops? >> guard can provide some value at the border. remember they're very tightly restricted by law what they can do. they can't apply force. can't arrest them. only in emergency situations defending themselves can they use force at all. the guard is providing additional eyes on border. with the caravans, everything else. that is not the problem. most are walking up to the ports of entry and surrending or immediately crossing, surrendering to a border patrol agent. 2,000 provides value but i'm not sure what 15,000 will do though. neil: you think of this environment, no one is getting into this country illegally or legally, year after year roughly

the same one million plus either get green cards or become permanent citizens on their own right, continues under president trump as it did under barack obama and as it did under president bush. are we overdramatizing this, the fact of the matter, if you want a legal way to get into the country, there are various means to do it, over a million are doing it through democratic and republican administrations? >> i don't want to make it sound like it is easy to get into the united states legally. there are areas where low-skilled labor we could do better. high-skilled labor as well. a lot of tech companies, apple, talk about them dying for h1b visas. neil: right. >> the reality i think we're overreacting. 16,000 people coming up last month. that is truly a record high. we're absolutely not prepared for humanitarian crisis like this. that is what this is. resources dedicated to processing claims is not

sufficient. at end of the day 80% are denied asylum. they are deportable. very few will be allowed to say. 100% are screened for security perspective, health issues, criminal backgrounds, any security concerns. this is not just that big of a crisis. not what we faced 15 years ago where 1.5 million people arrested at the border. today only 400,000 in total. neil: what is difference between this president taking executive action here, when it comes to the 14th amendment and barack obama doing the same when it came to, you know, undocumented, so-called daca recipients coming into this country? an executive action is an executive action albeit for very different purposes? the obama folks says ours is very different. trump folks say, an executive order is an executive order? >> well, candidly i'm biased. i was dhs during when we created

daca, look the end of the day birthright citizenship, that will not have impact on central american migration. i don't think these people really care honestly. a lot of these people are being exploited by smugglers and heavily recruiting them telling them lies to get their money. neil: did we have caravans like this for lack of a better term during the obama administration? we had concern there were hundreds of thousands of undocumented immigrants threatened with deportation and challenged by executive order and it has been in the courts. caravans are a new effort to get the world's attention. what do you think? >> we had some caravans, not frankly not to this extent. i think some of this honestly, caravans are forming because, smugglers when they go into the caravan. i think cheaper way for people to try to come north. we had the caravans. we treated it seriously. we thought it was a priority. the obama administration detained families, did a lot of

things to try to deter people. my point, none of it worked. we built detention centers, it didn't work. to anticipates your previous question, with the birthright citizenship thing there is clear constitutional amendment, 14th amendment, this is pretty clear. i imagine it will get sued and enjoined, ultimately the courts decide. this happened under the obama administration. up tick in central americans happen. we frankly took it seriously. we did aggressive things to stop it, none of which were all that successful. neil: john, thank you very much. former acting i.c.e. director under barack obama. we'll monitor this very closely. monitor what the president has to say 4:00 p.m. eastern time from the white house. we'll talk a little bit how he does not see the 14th amendment all that black and white. that all persons born and naturalized in the united states and this is a crucial distinction here, subject to the jurisdiction thereof, are citizens of the united states wherein they reside. there are a lot of different legal interpretations of that.

the president is saying he is free and his white house legal advisors are free to interpret it the way they are. that that doesn't mean that anyone born here instantly becomes a citizen. therein lies the rub, the battle. there is some historical precedent here where they are saying prior presidents, prior administrations, prior congresses took leaps they shouldn't have, after this. ♪

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♪ >> the word racist is used by every republican is winning. every time a republican is leading they take out the "r" word, the racist word. i'm not anti-immigrant. i'm for people coming into the country legally, based on merit. neil: the president saying republicans are consistently attacked as racists only because

they are winning. former ohio secretary of state, a close trump confidante, ken blackwell. what do you make of that? >> neil, political leadership is about addition and multiplication. unfortunately electoral politics , particularly in midterm elections are about division and subtraction. as opposed to talking about the prosperity that we've realized, people want to talk about the poverty of leadership. to donald trump. it is very clear. whether it is president obama, when he was, not a red america, blue america. red white or blue america. in 2008. 2012. he is back on a path of divide an conquer. so one of the things that we now know is that what is in play in

the battle ground states are suburban, white, women. there is a fundamental belief, that if you can define the president as racist, then you in fact can have a greater appeal to that particular base. it is no question that the overwhelming black and latino voter base will turn out for, for, the democrats. when it comes to, when it comes to the rule of law, and that concept, you know, that is something that appeals to republicans. and so it is a battle of language, but there are very targeted groups that are still in play, and suburban white woman are a very, you know, dynamic group, that both side are going after. neil: so sounds like you given up on the president making

inroad with african-americans. andrew gillum in the tight battle to become the next governor of florida. says that the president provides cover for racists. he that uses a lot of code words. that his republican challenger does as well. what do you make of that? >> well, look, i think the president framed it properly last night. he said this is a, he has aggressively tried to nationalize the election and make it about a choice, between continued economic greatness and a robust working environment for all americans, whether they be black or white, latino, asian, versus, gridlock. if in fact you elect a democrat house of representatives, you will throw us back into regressive gridlock. that is the way the president has to, has to frame it. because they will work over

time, to define him as, as a racist. i don't think he is given up. i think he is trying to point out black, brown, yellow folks, you know into looking at what his agenda, what the republican agenda has done in terms of, making our economy grow, creating work opportunities, employment opportunities, for all americans. and more importantly -- neil: you know him pretty well. are you frustrated, as african-american are you frustrated that has not resonated fairly or not, whatever inroads, bringing down black unemployment, hispanic youth unemployment, female unemployment, to record low levels. sure those at the white house, figure what the heck, why are we not making more inroads with these groups? what do they tell you? >> look at the end of the day, i think the president two years out will in fact make more

progress. he will break double digits with the african-americans. he will increase the stake. the somewhere in the neighborhood of 40, 42% of the hispanic vote. that will be real progress. you know. step by step, by step. but right now, in this race, in 2018, i think it goes down to individual candidates. we can nationalize the election and governors races. it will be about the agenda of the, of the respective candidates in those states and, as they have been able to convince folks that they are about delivering on health care. if they are about expanding economic opportunity. if they are about the politics of inclusion, multiplication, and addition, as opposed to being about divide and conquer, where, it is all a matter of, your race.

and that is, that is unfortunate. we, as political leaders, stand in the gap between america's practice and america's promise. and we need to convince people who we serve that we are moving america towards its promise. i can tell you when you're growing the economic pie, when you're securing our border, you're building up military, protecting national interests, you are in fact moving towards an america where we should be about addition and multiplication, not subtraction and division. neil: ken blackwell, very good seeing you again. thank you very much. >> neil, i came back from malta, in italy. we must break bread together. i'm just like you i am probably a little bit overweight. neil: wait a minute here. the camera adds 50-pound. >> that's right. i underscore it.

you know. just a little bit overweight. not a lot. not a lot. neil: the camera doesn't add 50-pound. thank you very much, ken. good seeing you again. >> good being with you. neil: a lot going on. oprah is addressing a georgia crowd, speaking on behalf of the democratic candidate running for governor there in a very, very tight race here. we're following that. we're also following the market which wants to start after november, on a much better note than things went in october. stay with us.

neil: larry kudlow saying earlier on stuart varney's show the marketses were worried about the pros peck of democrats taking over house. one of the things that would happen maxine waters democrat from california would take over the financial services committee and that would not auger well. charlie gasparino is getting into the weeds and there is more to it than that and more overworrying. >> if you talk to the banking industry, i do a lot, the people there, i was first to delve into the maxine waters story over last couple days, does she pose a big threat to the banking

industry because she is a rabble-rouser and populist. she represents her district very well, been there a long time. being in line to head the financial services committee, over jeb hensarling if they win congress. they are not that worried about it. people close to maxine waters, they say they're not number one on her agenda. when i really delved into the story. the democratic party is kind of beyond beating up on banks, like elizabeth warren will always have that, as a party, as populist, sort of message they want, that they want to bring to the table, if they win the house, will not necessarily be about banks. the biggest target, i found, will be, tech firms. that they really believe that's where there is a populist, sort of message that they can deliver on how tech firms use or misuse privacy. >> tech firms run by people who

are loyal, loyal to democrats. >> you would think so. here is how you know it is true. we went back, lydia moynihan, my producer, we looked numbers in open secret, facebook, apple, they're spending more money on lobbying in midterm election cycle than they have in recent history. they're plowing money into lobbies, look at campaign contributions they're pretty evenly split. not like they're going nuts on the dems. it is -- neil: maxine waters base is technology companies too, right? >> there are some. there is some. not like northern california. she is southern. i would say that my guess, the motion that the banks and notion that larry kudlow is saying stocks trading off because of maxine waters is baloney. banks are not that worried and i talked to people close to maxine

waters. what will she go after? democrats in general will focus on tech. you have to pay attention. those stocks are hammered recently. increased regulation could hurt the stocks. what is she looking at, my guess, from what i'm hearing from people close to her, she will put a lot of attention on donald trump's finances. she might be the one that releases his tax returns. ben carson is in the cross-hairs a lot. a lot of democrats believe he is not doing a very good job at hud. neil: interesting. buddy, you feel better. you sound awful. >> we were kissing lately because i think i caught your cold. neil: this is family show. >> right from the same cup. neil: who doesn't. we're up about 215 points here. they're trying to make this reversal from october. more after this. oo. i don't want any trade minimums. yeah, i totally agree, they don't have any of those. i want to know what i'm paying upfront.

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to learn more about the range of aarp medicare supplement plans and their rates, call or go online today to request your free decision guide. oh, and happy birthday... or retirement... in advance. neil: alright come a few days away from the midterms for the president to hold a rally in missouri. some of the latest polls showing a virtual tie between iraq haskell. connell mcshane with a close look at the key races. >> especially missouri. her interesting numbers from fox last night. doesn't get any closer than this. trying to get up a third term in the senate out of missouri and that race has been close throughout. you will see why. the states will show you two more to come.

president trump more popular than he has in other areas of the country. if you look in the missouri the last time there was a presidential race they are and they wanted easily 57 to 38 over hillary clinton. his popularity right now is fairly high. about 50% in these other states will show you as well. can he help? we will see appeared claire mccaskill backed heavily by his own party. 97% of -- only 83% of republicans are for holy. maybe the president can help out there. we will back it out and take a look before i go back to two other states with polling last night from fox. this one is just as close. arizona and the experts are telling us that next tuesday night here in the studio looking through the result, this might be the race that keeps us up the latest spirit to members of the

house of representatives moving over to the senate with an ugly race tied at 46. arizona not by as big of a margin that shall see something similar out there appeared a fairly popular president who did fairly well last time around. you'll just like see in the state of arizona. the president won by account of 49.524524. popularity now a strong pier 52% in arizona. republicans feeling better about the state they be than a couple ago was like retiring. some people assuming democrats might have a pic up there. now it is literally anybody's guess. indiana was probably the most surprising number we got last night. joe donnelly opened up a wider lead. mike brown running on the republican side of the two-point lead in october to those 5% go

on election night or do they come back for the republican side is one of the questions people have looking for there. we look into the state of indiana is kind of the same thing. the president's been there a number of times to help out any popular indiana. the president won fairly easy in the last presidential election. got through pretty well. 62 to almost 33. almost amazing in some ways there were democratic senators in the states. missouri is literally anybody's guess. democrats would do better in indiana. donnelly had a pretty good number last night. >> e. open that up out of nowhere. >> a third-party candidate has a lot to do with it. that said the map is still quite favorable for republicans in the senate. the house is a different story.

neil: thank you very, very much. the president's campaign is coming on this feature market volatility. authority been laid out very clear from the administration's point of view that don't blame this on republicans. when the sun democrats and the prospect that they could seize control of the house of representatives. at least part of the consensus for quite some time. regardless degree from access reporter, former bush 43 speechwriter and senior writer liz harrington. this notion here that the administration is advanced thing that whatever craziness goes to voters getting scared about the democratic house. i've had not been part of the consensus for a long time? >> will come ashore. and we've seen that the economy.

recently due to the side and uncertainty over whether they overreacted to inflation fears. and so, that is one big factor. they don't like the idea of democrats in the regulation. we all know about. that's been out there for a while. as hard as that is to imagine they like to own it on the way out. that's human nature. when you think? >> that's exactly right. politicians try to take credit in the markets doing well and living on someone else on the market is doing poorly. despite what is happening with the stock market right now, we are seeing republicans seizing

hold of the economies they look what we've done for jobs. republicans really see that as a tool to advance their message and bring voters over to their side so you want things to say good forever but with us. neil: whether stocks are on the way up for the way down, i don't think they're as influential as, for example, the general economic trend. if confidence is up from the retail sales numbers looking strong. their asset worth has picked up. now whether it drives voters who are feeling good to the polls on a midterm election when it's more the angry voter is anyone's guess. what do you think? >> i think that the key part of president trump strategy is to drive turnout. the same thing president bush do in 2004. president obama in 2014. didn't work out so well. but it's a key part of what the

messaging is all about. really what we have to and they have the same issue in 1996 talking about the unemployment rate and people don't focus on the actual numbers is how do i feel about how things are going and that could break and republicans favor the house. neil: let's talk about early voting in 19 states that we had in 2014. early indications and some of the tight battleground states, nevada, arizona, that number is quite strong favoring republican voters. what we do to extrapolate how not? >> this is usually important because we have numbers bigger already than the last midterms. he would think it's a great benefit to the democrats. you have republicans keeping

pace and they are typically supposed to be the ones doing more early voting than republicans. republicans sure a lot of enthusiasm and i hate to bring it up again let the kavanaugh of fact i think did rally a lot of republicans to get excited about voting in this election. if i could say one thing about consumer confidence, the only other midterm election higher than it is today with 1998 when president bill clinton and democrats actually gained five seats in the house despite candle surrounding president clinton he was so popular because the economy was booming and it really helps the democrats in the midterms. there could be some parallel to 1988. neil: a lot of people thinking republicans were overdoing it. caitlyn, your sense of what could try this. i really think many elections and we know in 1980 of course that ronald reagan and jimmy carter were virtually even going

into that weekend. we know what happened since. we've seen cases at the 1994 republican takeover of the house at their expected to pick up two dozen seats. they were not expected to pick up 53. anything they can usually does happen. do you think there will be a late swing and how would we look for it? where would we look for democrats or republicans? >> let's look at the current events right now and what's happening in this last week. we have president trump despite everything going on in the economy and what republicans want to talk about, we have president trump talking about immigration. we have been talking about dangers for the caribbean towards the southern border. these fears are likely overblown, not a stone fax at this particular moment. >> exactly. we have the citizenship issue the president has product. that is one fact there were president trump is trying to

turn outer space, who really cares about the issue of immigration. and we have the issue of political violence in division and rhetoric that is, surrounding the mail bombings and unfortunately the pittsburgh synagogue shooting. i i think in peoples minds they are looking at a country that is clearly ripped apart and that's going to influence their decision in the midterms as well. neil: it's also lead to assign it to republicans anymore when a number of police were targeted during his administration. having said that, i'm getting the sense here that all things being equal, this is sort of a district by district group in the house. i could be wrong, but a lot of these races are closed. they are within five points or fewer. what do you make of that?

>> like your earlier commentator said, your earlier commentator said, there is the kavanaugh effect you're what we see in the "washington post" poll that just came out in the state typically white voters are the ones most likely to turn out and they are very motivated in the way things are breaking out is white men are leading republican and white women are leading democrat, but it's not as huge as white men toward republicans. what republicans have to deal with is the fact they do have more seats at stake in the house so there's more to defend but it's a lot closer than democrats thought it would be even a few months ago. train to back a change in going into the weekend remember it was a weekend in so many elections come at three the last five including midterm elections for data polls did not appreciate the magnitude of what was the last second swing. we are getting in on a little bit later in the show. thank you in the meantime. amazon trying to claw its way

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neil: here's something you don't see everyday. employees in a company where there was talk of misconduct, protesting how the company handled it. that's what's going on with google workers across the globe right now choosing a common walkout. it began with andy rubin at the $90 million exit package settled to be disclosed. another top executive essentially said enough, what else are you hiding from us? let's get to read for market watchers than philip on the fallout from all of this. this is unusual. >> it's unusual but it has to happen. a headline like that is just terrible. now we will see what actually google does. true to the first were workers taking to the streets across the globe. >> also social media. now we can communicate because of social media were 10 years ago that wasn't necessarily the

case. i actually think this is a good thing because we need to be talking about how bad the headline actually was. >> it's not just a headline. if you actually read the story there were multiple incidents of sexual harassment under the carpet. precious unacceptable in a corporate environment. there's a reason why people are taking to the streets because google tried to hide something. >> google is letting them do this and go out in the street in protest. >> have a friend who works at google in chicago and is there at the protest right now. he wants to be a part of that shared his voice and supporting women. neil: you know, comes at a time with the technology to render intense selling pressure google, alphabet down to the bare minimum. what do you make of that? >> they were due.

trade did not grow to find things have to have a correction. with amazon it was just about time. >> yeah, the tech stocks we've been wary of who talked about earlier and we thought they were better in the nature and timeframe. they have lots of issues. data regulation likely coming. costs are going to rise. they are paying more for lobby data compliance. more for engineers to help with the privacy component. all of the increase cost lower margins and things like this can like this, like the sexual-harassment is where you lose users. neil: i always think they are not for the faint of heart anyway. the argument was over the long term that younger and faster, age, with inclined to bet with them and be patient with a volatile ride.

>> people are looking at them as a secular story. they will on the tech ecosystem over the next few decades so you are playing secular thematic investment thesis there. again, you want to be mindful about valuations are buying in. you don't buy 2000 on amazon for example. you look at valuation. you are valuation. u.s. have to be disciplined as an investor. you can buy things because the story sounds good. you have to know what you're buying what the price target is that you sell some and take some profits. >> ultimately earnings will matter. they may not now but they will eventually. neil: part of those fundamentals of a lot of the issues built on the idea that technology will rule the day and continue and amazon, for example is and have a strong retail market and novel ultimately prove true. other fundamentals good good for this tax? >> apple is the only one that

could be throwing in value added category. and the possibility of all the things apple is the one i like the most from a fundamental perspective. and it is because it's a value stock. if we talk about factors, michelle can elaborate on, that there's all the factors right now. it's hugely overbought and now it's just pull back a little bit so people are seeing the momentum names pulling out and that's a drag on the stocks that had a lot of momentum inside of them. >> charlie gasparino at face value that they might be a target of the democratic house. more inclined to go there than financial institutions. that was an interesting read. >> is deftly an interesting read. politics aside, broader markets will go higher and i ultimately think probably tech you'll see higher prices because the broader market will approach higher prices.

>> they follow the market, not the other way around. >> is it going to be tech again, someone else. there are a lot of other value out there, like i hate to say of foreign companies emerging markets also value stocks in particular that might take the lead after this recent selloff. >> to your point policy that's really important. it is out of congress' hands at this point. it's in the agency's hand and that's why we actually have financial deregulation and the portfolio still because it's in the consumer protection financial bureau. they are the ones determining the actual rules and regulations around financial deregulation. >> we mention the consensus being that democrats think in the house. that is the consensus. what if it doesn't happen that way? but they hang on to the house. >> i honestly think at the end

of the day market just want to know what's going to happen. we might get a little selloff here and there depending on what happens at the end of the day, earnings will drive this market higher. neil: such an unexpected development that wouldn't have an impact. >> we think it's positive. we look at policy, the right outcome. a republican congress. neil: this is in a political bias. >> we're politically agnostic. if republicans win that goldilocks scenario for this a continuation of the same policies they see under trump administration. the caveat a lot with global trade. thus i worried about the risk to markets. neil: trade is a big issue. the tweet wakeup for the president that he had a constructive conversation on the phone with the chinese leader. >> that's the first we've heard. >> we haven't heard a lot of news so i had a feeling something was happening. about trade and about china.

>> trade will dictate the course of the market. >> i think that's baked in. it's like old headline. >> i disagree. trade is a huge issue. >> this is the first we've heard of actual china and u.s. talking since july. we are plugged into the sea of this is the first we've heard of high-level talks restarting. that is somewhat abstract. we still think there might be some pre-midterm campaign in a post-midterms are trump will go after china again. neil: okay. always works. thank you all very much. we will be following google protests around the world. or even protests in places like switzerland and belgium. this is worldwide. we are on top of that. also on top of important earnings "after the bell" but also shortly after that the president's going to outline his view on this whole birthright citizenship issue. many legal scholars have said he doesn't have the sort of legal leg to stand on here.

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drain to the president will weigh in on the immigration debate whether you're automatically a citizen of this country in the arctic is the 14th amendment has some wrinkles and adjustments are biblical scholars haven't examined closely enough. judge andrew napolitano in what he makes of that. >> i don't think there's any serious debate on this except in the minds of certain academics. not criticizing academia who enjoys stirring the pot and look for splitting hairs. for 115 years, literally the consistent pattern has been since the adoption of the 14th amendment. end of story.

meaning your parents were dead amount or parents were heads of state and just happen to be here at the time your mom gave birth. that's the reference to the five words. neil: but it's evolved over the years. >> it's evolved over the years has as many since the times have changed. the right to privacy in the fourth amendment didn't contemplate peter chips. they probably never contemplated the people they came here illegally for the purpose of having children. that doesn't give the president. that may give the president the idea maybe we should amend the constitution. he can no more change the 14th amendment than barack obama could've change the second amendment which he hated. neil: barack obama did look into hundreds of thousands of

immigrants up for deportation and took an executive order to do with it. >> and the courts invalidated back. iraq obama rewrote the immigration laws and with a congress that rejected in the courts invalidated. neil: you're the legal scholar here. all persons born or naturalized in the united states and subject to the jurisdiction thereof are citizens of the united states that may reside. people seem to be seizing on what the white house is using on and subject to the jurors diction thereof that these changes. this evolves. >> legals are subject to the jurisdiction thereof. they're prosecuted for crimes they commit and if they are injured in an automobile accident they can go into court and sue. who is not subject to the jurisdiction thereof, diplomat and heads of state that are here temporarily and enjoy diplomatic immunity. everybody else born here, legal resident, legal resident is subject to the jurisdiction. neil: the amendment to justify

those born in territories, like john mccain. you can argue again and again this has been kind of revised and reshuffled to deal with these developments. >> i wouldn't say it's been revised to reshuffled. to recognize the citizenship of people that were not contemplated by the authors. neil: okay, understood. it was written to reverse scott first san african-americans are not citizens are not persons. >> this is extended to include babies in honor inc. territories and later on did confirm the citizenship except when congress supreme court had mandated it. there have been updates to this, right? >> there are events that have caused congress to write laws interpreting it.

>> not to interject, but at that point our forefathers never had times people would illegally get access than they would become the citizen. >> you're probably right. we go by what they wrote and what they wrote in the constitution if you're bored you your citizen. >> subject to the jurisdiction thereof. is that what the president is seizing on that there is room for debate here. >> is going to make an argument in a couple of hours as you just sad that that phrase somehow means personally loyal to the united states. but that's not what it says. if a person here is not subject to the jurisdiction and i told you how limited that is, their offspring are not citizens. that group does not include undocumented persons neil: what's the difference in

europe? not bequeath the writers who oppose the right of blood. where one relative is a legal citizen. neil: you're asking me about your appeared if john mccain had been bored in africa he would still be -- >> both of his parents are citizens. neil: i understand not. her of what he thinks the president's crazy on this, i would wonder wait a minute, if you're the proviso, not where you were born but whether one or both of your parents or from your appeared >> the president wants to analogize the american constitution to the e.u. which he hates? neil: has the same thing. no, they don't. >> he's correct there are a variety of different mechanisms that countries use. the 200 countries in the world there's about 30 to use so we do. born here, citizen here.

the other 170 have a variety of conditions. usually your parents are citizens. neil: do think it's a fair rap he's been overreached for this policy? >> no, that's a fair rap to say he's not upholding those two. he is not complying with the constitution if he thinks he can vitiate the cause of it with the stroke of a pen. neil: he would not be the first president to try. >> nor would he be the last president to stop calling me. [laughter] neil: one of the parents had to be from italy. l-lima correct. use a native italy. neil: work with me. this isn't surprising. judge, you're the best. the president is going to be detailing his position on this and exactly how he sorter blocks between the line here.

i won't pursue it anymore. a little more after this.

neil: for the outbreak -- i'll get it right. identifiers in new jersey. sorry about that. lorne greene is all the details. reporter: this is a very contagious virus and symptoms mimic a cold or flu. its most dangerous even label for those with weakened immune system. the virus clean attempt at them, another child, and long-term care center in monaco, new jersey. the virus has infected 27 children at the facility, all who are considered medically fragile. >> it happens to be a more aggressive strain of the virus and then a host of children who

have immune system that can handle even simple viruses without complications or fatality. >> yesterday's death came a six week of the outbreak at the facility which has stopped admitting new patients until the outbreak is over. also the second outbreak of a different stain of the virus and other new jersey health care in camden. officials say the two are not considered related. they have been children are young adults. the virus has a two-week incubation period so the facility has to go another four weeks about a new case before it can be declared the outbreak over. >> we are keeping track in saudi arabia since the killing of the "washington post" journalist. family research council with us right now. we are not going to be doing business there anytime soon. more and more companies are echoing that. what do you think? >> well, we need to see all the

facts. we've seen what turkey has had to say. saudi arabia has yet to get their story exactly straight. the truth is going to come out, but i personally find what we've seen of a traveling. neil: you were out in the middle east have lived from united arab emirates, met with a number of the princes there. no relation i would say directly to the saudi world kingdom, but what was your sense on what were they telling you that they make of this and how much this is festering? >> we did. we met with the crown prince in the uae, prince sheikh mohammed and there was some discussion about it. our focus was more discussing what they are doing in terms of not only economic development, but also in the area of religious freedom. they have a long history of pursuing the religious tolerance they are in the uae. it was a very positive trip they had meeting with the top

leadership. some discussion of saudi arabia but not a major focus. obviously, saudi arabia plays a key part of that region of the world because of their size and influence. they could learn a lot from the uae when it comes to tolerance of religious minorities. neil: there has been talk as well where there is a shift going on and maybe even corporate support towards other countries, would you make of that? >> i think there is a reason for that. when you look at the academic studies when it pertains to religious freedom, stability and domestic stability, there is a clear connection between notes. again, it's not an american model of religious freedom in in terms of the middle east they have religious freedom of religious worship. we met with protestant evangelical pastors dare. 700 non-muslim churches and ministries located there and

they worship openly and freely without government interference. i think that model is attractive when you consider the population of almost 10 million people, only 2 million of them being native citizens, the rest ex-patriot coming in to do work there. building the economy. they have a pretty thriving economy. it's a place to do business. again, based on their observation, conversations with the leadership and those living in the country, they are pursuing a sustainable model that i hope is emerging. in the history of looking back at the beginning when christian ministries came there to do medical missions were, that laid the foundation for their understanding of religious tolerance in the country. neil: just the opposite is going on. pakistan right now where they're fighting the relief of this woman who had apparently disparaged the moslems and what

have you been now want the people paid for their stats. is it your sense pitching back home if you don't mind right now that the religious vote, the christian vote will be instrumental in this midterm election or is it such a content boat that they're not inclined to run out to the polls. they like what's been happening in the progress made, but now supreme court picks that they rally around, that they're not inclined to come out of the numbers that the president hopes. >> is a really good question, neil. i think they are motivated as they're informed as to what's happening. this trip i took to the uae met with other international leaders to egypt, to jordan meeting with top leaders. all the stores opening since president trump has been a lack it. pastor brunson was able to be

with him to bring him back home because of this administration readership. i think that evangelicals, christians see that once again a focus on both domestic and our foreign policy issue of religious freedom is a top issue. there's reason to sustain the momentum for this administration. >> tony perkins, great seeing you. the approval numbers. based on districts and states. well over 50%. that could spin things. y to ears whether you do well or not. fisher investments fees

are structured so we do better when you do better. maybe that's why most of our clients come from other money managers. fisher investments. clearly better money management.

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now i'm a director at a security software firm. wow, you've been at it a long time. thing is, i like working. what if my retirement plan is i don't want to retire? then let's not create a retirement plan. let's create a plan for what's next. i like that. get a plan that's right for you. td ameritrade. ♪ neil: all right, we are getting word and john robert dark correspondent that the president has offered a former fox personality the job of u.n. ambassador. state department spokesman right now. what we do not know is whether she's except that the posts. both to replace nikki haley. we will keep you posted on that. in the meantime, the reaction to all this fast-moving developments, some say a potential speaker of the house.

tim ryan will be joining us as a special guest star in all these developments here. meanwhile, the charmed administration is looking a very strong approval ratings in key states like north dakota, tennessee were approval ratings are north of 50%. local races on state races, gubernatorial, senate races. let's get to read right now from fox news election night, democratic partner in the fox news poll, chris andersen. very good to have you. >> hi neil, thanks. why do these thanks. why do these minor in these key states? >> these are all states that were won by trump in 2016 and also states for democrats need to win some races in order to take control of the senate. as you mention trump's approval rating is high especially in north dakota and tennessee where he is doing best. boosting support for the

republicans tracking closely with his approval rating. indiana on the other hand another state we've been pulling in tracking and the republicans gratis kicked out all but two. in these particular. in five points or fewer. we could see a wild swing. not out of the question in the last few days before the election. we've seen such things in the past. what is your data tell you about that potential? >> the data says their search money potential for the democrats to do well. the enthusiasm is slightly higher among democrats. democrats who didn't turn out in

turn out and pass midterms are saying they will this time around. if that becomes a reality they will take the house back. if not, republicans could hold. certainly no sure thing at this point. >> the early voting that's been going on in some 19 states eclipses that of what's going on the last midterm four years ago. anecdotal evidence suggested some key key areas of helping republicans not across the board. what is your read on that? >> you know, i don't make a lot of the early voting stats. i've been on the fox news decision team for many cycles down and it's never clear whether or not an advantage in early voting is an advantage for a party cannibalizing it's election day though. i don't read much into those numbers. >> early on dating hillary clinton and just the opposite turned out to be the case. you have a good point there. can i ask you this.

some question on my part, but she handled so many of them for me. is your sense here that there is a potential for a late swing where i'm going way, way back in 1880 where the carter race was very close with ronald reagan and it just broke loose where republicans were expected to gain in the midterms but nothing approaching the 53 seats they ultimately did. is there anything you look for here like that? >> i think there is potential, but it's interesting. it's not a potential to change minds. people for the vast majority of voters they know if they want to vote for democrat or republican come tuesday, but will they actually get to the polls. does the nature of the electorate changed the democrats who didn't show up in the pass midterms to this time around and if they do, and the electorate actually changes, then yeah,

there's potential for this to really go towards the democrats. there's just as much potential but it doesn't and neither the democrats take the house barely a republicans hold on. neil: interesting parallel is interesting catching up. thank you very much. we told you a little earlier john roberts reporting that heather knauer is president's pick to take nikki haley's job at the united nations. like berman said more on that. >> senior administration official telling fox that she has been offered the job to become the u.s. ambassador to the united nations. the couple outstanding questions here first and foremost whether or not she's actually accepted or will actually accept and secondly the timing in all of this should she choose to accept. keep in mind the kiwi is on the job at the top diplomat for the united states over at the united nations until the end of the year. so there is no real sense of urgency i guess you could say to

get this filled now, especially considering that all the focus for the majority of the focus at the white house is on the midterm elections here for five days from now. the bottom line according to john roberts, she has been offered the job is the u.s. ambassador to the united nations. now we await the year she will accept. neil: that would fly in the face of earlier predictions that the ambassador to germany would be the front runner. do we know what kind of pushed him out of the lead for that? >> keep in mind the current u.s. ambassador to germany is in the middle and i mean in the middle of all the trade negotiations going on over there in germany. the political situation in the stories that developed out of germany this week with her. there's a lot already on ambassador criminals play. should they have chosen to move them over here that would have opened up that and the state

department over to the u.n. neil: thank you very much. like berman at the white house. 187 points. much of this optimism on the trade front. the chinese leader that was productive in the market pounced on again and again. trade will dominate this theme. trade and its prospects look good. worse than they do not. they could be totally wrong. more after this.

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neil: all right, the dow is up about 200 points. just on prospect we'll see favorable news on china. charles payne, thank you for all your hard work in my absence as well. charles: thank you very much, neil, you look fantastic. glad to have you back. >> thank you, my friend. charles: good afternoon, everyone, i'm charles payne and this is "making money." president trump is kicking off the final campaign, a ridiculous schedule, five states, 11 rallies. it may be paying off with early voting that the gop may hold off the blue wave. solid voting putting investors behind a really rotten october. what is to come. hundreds google workers walking off the job around theor