great to see you. thanks so much. appreciate it. let's straighten out the fake news a artists. thanks for joining us tonight. and good night from >> only 10 business days in the year, i think the next 10 days we should continue to see volatility. cheryl: is there time now for the santa claus rally we have been hoping for. time is running out for markets, 10 trading days left in 2018. lauren: dow lost almost 500 points on friday, all three major averages closing in correction territory. let's see if a recovery is happening this morning, well, a small one, dow futures are higher by 2 points, nasdaq adding 7. cheryl: in europe stocks opening lower, concerns across the pond not about brexit but federal reserve hike that we are

expecting in the country. lauren: in asia mostly negative dealing higher was hong kong market. cheryl: yeah, and -- >> from a comic book, serial, this isn't about me, not anymore m. cheryl: spider-man, returned and save the holiday box office season, fbn:am starts right now. ♪ ♪ lauren: 5:01 a.m. in new york, monday december 17th, good morning to you, i'm lauren simonetti. cheryl: good morning, i'm cheryl casone. lauren: let's get started because the shutdown clock is ticking, deadline 4 days away and trump administration standing its ground insisting that the president will allow partial shutdown in froth if congress does not provide

$5 billion for building wall in border. miller calling fundamental issue. >> stop on going crisis of illegal immigration. it comes to it absolutely. cheryl: but senate minority leader chuck schumer says there's little support in congress for the wall. >> even the house which is a majority republican they don't have the votes for his 5 billion-dollar wall plan, in fact, ryan, afraid of what's going to happen sent all the house home till wednesday night, a day and a half before two days before the shutdown and they certainly don't have the votes in the senate. cheryl: federal agencies have been put on notice to begin planning for partial shutdown. we shall see this week. lauren: another big story is health care, back in political spotlight, a federal judge in texas ruling obamacare is

unconstitutional. well, president trump praising that decision, tweeting, quote, great news for america, but democrats quick to condemn it saying republicans will pay a price for bringing the lawsuit. >> the republicans will once again face the question, do you believe we should have health insurance accessible, affordable and cover those with preexisting conditions, that was the issue, the issue that decided more than i believe any other this past election. lauren: congress would pass new law which would protect those with preexisting medical conditions. cheryl: federal reserve despite recent stock market selloff began in early october still widely expected to raise interest rates when they wrapped up the final meeting of the year and that will be on wednesday, the central bank under chairman jay powell already has raised rates 3 times this year from prevent the economy from overheating, investors will focus on the fed statement about outlook of 2019 and, of course,

any other remark that is powell gives. fox business will have coverage and analysis at 2:00 p.m. eastern time on wednesday. lauren: there's this, malaysian attorneys have filed criminal authorities against goldman sachs, stem from alleged misappropriation of $2.7 billion from the malaysian fund, goldman arraipged 6 and a half billion for one mdb6 years ago, 2 billion was allegedly stolen. goldman made $600 million in profit off of the bond sale. it says it is cooperating but plans to fight the charges, the 1mdb fund is at center of global investigations led by the u.s. department of justice as well as authorities in malaysia. trading down 1.17. cheryl: breaking news we are following there, also this from overseas, arrest of carlos goshn continue to rock nissan, now the company's board is under the

microsoft. lauren: tracee carrasco has that story and other headlines making news, happy tuesday, tracee. tracee: terry, deputy ceo of renault sent letter of ceo of nissan urging him to immediately call a shareholder meeting to discuss renault's representation on nissan's board. in the better nissan, quote, indictment creates significant to renault and stability of our industrial alliance. cheryl: because nissan was indicted as well as carlos goshn, they are worried about the company side of this, interesting. lauren: let's talk tech. new questions and new reasons why we might not want to trust facebook, what is the latest? tracee: another privacy issue, facebook says a bug in its system accidentally exposed the private photos of up 6.8 million users lasting from

september 13th through the 25th, certain third-party apps were given access to broader set of photos than usual. apps usually have access to timeline photos but this bug allowed apps to access those photos that were up loaded but not made public on facebook and stories features, facebook down 18% year to date. they knew about this back in september, it happened then but it took several months. lauren: they knew about it for 2 weeks in september. cheryl: can any u.s. company have had worst year than facebook, let's talk about box office. tracee: the winner this weekend with largest opening ever for animated film in december, take a look. >> in your universe there's only one spider-man but there is another universe and looks and sounds like yours but it's not. tracee: sony's animated release

of spider-man intro with estimated $35.4 million opening in second place clint eastwood the mule with just over 17 million and rounding up the top 5, the grinch, ralph breaks the internet and mortal engine. cheryl: tracee, thank you very much. lauren: the grinch was good, i saw it. speaking of miracles, miracles do happen in christmas. so far the dow and s&p 500, they are on track for their first annual decline since 2015 and the nasdaq hasn't had a down year since 2011. let's bring in melissa and gary b. smith, cadena president and fox news contributor, good morning, guys. >> good morning. >> good morning. lauren: gary, would a miracle happen this christmas? >> i would love a miracle to happen, lauren, i don't see it. there's so much to worry about, you know, you guys have already

hit on a couple of things. we have the fed meeting, the mueller investigation, government potential shutdown, i don't see where the good news is and worst of all, friday's close which we closed right at or near the lows broke, i think, some critical key support. here is the psychology, i think big-fund managers, pension managers are going to say, let's just sell, go flat for the year, you know, get rid of all our dogs, regroup in 2019. that's why i don't see a rally. lauren: you don't see a rally. melissa, i want to know your thoughts on that and what you make of the fed meeting this week, what they do on interest rates because amid that key decision we have bear market territory, s&p financial sector as well as energy materials. >> good morning, my call is we have rally at the tail of end of 2018, maybe not christmas rally or santa claus rally, maybe new

year's eve rally, we have made rally one to two days of the year. it could happen between today and december 31st, last trading day of the year and here is why i think we will rally. the market hasn't really for me technically speaking gone into bearish trend. we are still holding up trend. it's really about control. right now it's a tug of war between the bulls and the bears but i'm still seeing the control on the bullish side. the controls had lifted and gone over to the bearish side, we'd see we more selling, i know we have seen selling but when panic comes in there's no turning back, no question that we would be lower. lauren: $46 billion was pulled from mutual funds and et's last week. >> yeah, exactly. that's -- you know, melissa talked about capitulation, i think that's the part of it. we still haven't seen that part -- even though 500 points on

friday, you know, seemed big, we haven't seen that -- what would it be 1500, 2,000 point down trend, melissa might be right. we might get a rally but 5, 10% lower than we are here. lauren: what was interesting, melissa about 500-point drop of the dow is it happened when we were seeing signs of progress on trade and positive tweets by the president and usually all of that will push back stuff but it didn't do that on friday. had something change in your view psychologically? >> all the stuff going on with investigations with trump and the market likes trump, the market isn't going to be happen that sniffs that trump may be in legal troubles and that's what you've seen in the last week and that will carry through into 2019 even if we have rally, not new highs before tend of this year, but the market holds up trend but whenever the china problem gets resolved with tariffs which i believe trump will try to do before the next presidential election, the market could have an amazing

move higher and i think that will take us to new highs but i don't know when that will happen. lauren: let's talk to some of the data we are getting, november sales of preexisting homes, durable good orders, what are you looking at particularly, gary? >> definitely the home data, that's the -- if people's economic fortunes are built in 3 legs, unemployment wages, the price of their homes, that's the -- that's one of the key legs. that's the thing i always look at. i see that report being fairly bearish, you know, you look at home sales in places like las vegas are coming down, california, prices rather, i don't think there's good news there, another thing that will weigh down the market. lauren: gary, melissa, futures are trying to find a balance

between the two of you, we are on flat line. >> thank you. cheryl: let's stay with markets for just a moment, right now pretty flat start to your day, dow up 23, s&p up 3 and a half, nasdaq 13. marriott was hit by chinese hackers and now they are targeting the u.s. military. >> no secret that china is very, very good at cyber espionage, they are steeling our trade secrets, our product capabilities and we've got to defend against that. cheryl: how do we stop them and how vulnerable are we? we have a cybersecurity expert to join us to give us his take, be aware of leaving your pet alone with alexa, how ordering online is so easy even a pa rot can do it. you're watching us. we are real people.

with diet and exercise. let's give it another try. jardiance can cause serious side effects including dehydration. this may cause you to feel dizzy, faint, or lightheaded, or weak upon standing. ketoacidosis is a serious side effect that may be fatal. symptoms include nausea, vomiting, stomach pain, tiredness, and trouble breathing. stop taking jardiance and call your doctor right away if you have symptoms of ketoacidosis or an allergic reaction. symptoms of an allergic reaction include rash, swelling, and difficulty breathing or swallowing. do not take jardiance if you are on dialysis or have severe kidney problems. other side effects are sudden kidney problems, genital yeast infections, increased bad cholesterol, and urinary tract infections, which may be serious. taking jardiance with a sulfonylurea or insulin may cause low blood sugar. tell your doctor about all the medicines you take and if you have any medical conditions. so-what do you think? well i'm definitely thinking differently

than i was yesterday. ask your doctor about jardiance- and get to the heart of what matters. >> cheryl: u.s. trade war with china has hurt relations with two countries and could be bigger problem now, cyber espionage. chinese hackers are believed to have breached u.s. navy contractors stealing everything from ship maintenance to cyber plans. it beg it is question after theft, if they are stepping up espionage from pressure of donald trump? >> you know, this is a situation that's similar to what happened to home depot a few years ago that people don't understand that we are subject to the security of those subcontractors and the people that worked for the people that are putting that work out there and it shows that

your are only as strong as the weakest link. we may have great security at the fed but when it comes to subcontractors things are different. cheryl: lockheed market, one to have world's largest defense contractors, they were breached, this was back in 2011, but they at the time had to redo their whole security network, i mean, how vulnerable are these smaller contractors, large and small because i'm not going call lockheed a small company? >> well, you know, it all depends how distributed the networks are and how many locations they have and protocols they put in. many are subject to specific protocols that we put out for them when they have contracts, other contractors have own independent networks that are not nearly as strong, so it comes down to the requirements of what their contract has and this really ultimately, i think, either has to change or we can actually require the number of those contractors to be able to use the networks that are

basically provided by the fed. so this is something that's going to force change. cheryl: well, not just military although it's the most jaw-dropping headline, also health care, transportation, finance, this has been going on, we know of, reports have been out there for at least 18 months, how far away are we from actually stopping cyber espionage by the chinese? >> well, you know, it isn't just the chinese, quite frankly, attempting to stop the cyber espionage is really coming down to what are the values of those trade secrets and how people are finding all of these individual ways to break into them and they are going to the weakest link, how are we going to stop it, it's really by creating a set of requirements that anyone who does business with any of these key contractors are going to have to follow in terms of setting up their security. and right now in many of the cases, they are -- they are really not set up to be able to

handle the type of security that's required to fork a lot of the issues. in many case you are seeing they are connected from one network to another and those are vulnerability that is they are going after. cheryl: this is fascinating, i wish we had more time, so much to unpack, we would love to get you back, thank you. >> thank you very much. lauren: dow futures are higher by just 22 points after major selloff that took the industrials down about 500 on friday, s&p 4 points, nasdaq gaining 15 and a half. coming up fired fbi director james comey takes aim at the alleged perjury trap set by the special counsel. >> it was a special counsel doesn't want to interview the president? >> what they did to flynn, over my dead body. lauren: plus the plan to attack

text messages just got deleted. we will be right back. hey kurt, are you watching the best of geico ? i sure am, linda. they've been saving folks money for years. and now they're re-airing some of their all-time greatest hits. with classics like... hump day. caveman airport. and even... celebrating squirrels. this crudité is great, but those geico ads are even better. but that's not all. vote today and you can enter for a chance to appear in an upcoming geico commercial. just visit geico.com/bestof. oh, geico.

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s&p up 5 and a quarter, nasdaq attacking on almost 18 this morning, former fbi director comey is heading to capitol hill, this as republican congressman issa told maria bartiromo on sunday morning futures that the fbi tricked into lying and the case should be thrown out. >> they -- in layman's terms violated miranda rights, tricked him into not having a lawyer when in fact, he was not only a suspect but a target. lauren: well, president trump is also blasting the fbi's hand toflg michael cohen case criticizing the agency raiding the former lawyer's office despite being approved of federal judge and on fox news sunday rudy giuliani says the president will not sit down with special counsel robert mueller. >> no way, no interview? >> they're a joke.

over my dead body, even if it were true, it's not a crime. lauren: giuliani said he was, quote, disgusted by the tactics of investigators in the probe and a scathing new report being sent to senate intelligence committee says that russia disinformation campaign against americans was even bigger than previously thought. data provided by facebook, google and twitter reportedly showing a slow response from the tech companies. cheryl: violent protests continues. chaos on the roads, 8 people have died in incidents related to the protests mostly from accidents stemming from, yes, the blocked roads. meanwhile approval of french president of emmanuel macron is falling, protestors are calling for resignation along with other top french officials. one talking pa rot by the way has found itself a new shopping buddy, its owners amazon alexa, roco african gray pa rot has

demanded treats like strawberries, watermelon from alexa and also ordered a kite and lightbulbs and kettle and we should ask that the child lock, child settings are on so the pa rot doesn't go crazy. lauren: pa rot proof now. s&p up 5, nasdaq up 18, all right, don't go anywhere because obamacare, people were still signing up when this happened, it is now on life support, obama's legacy on the line after judge says core provisions are unconstitutional, we ask what happens next and is your retirement fund on life support thanks to your kids? >> daddy, someone set a fire in your car because you took too long. lauren: how parents are spending $500 billion to keep their kids' heads above water, you won't

believe the story, stay with us

>> there's way too much uncertainty coming from too many directions. let's just put extra money in cash right now. lauren: cash is king, stocks could end 2018 lower for the first time in 3 years.

cheryl: after losing nearly 500 points, right now futures higher by 44, s&p up 6 and a quarter and nasdaq 21 and three quarters. lauren: in europe stocks opened lower but since then german market is up two tenths of 1%. cheryl: taking a look at asia, mostly higher in hong kong that was one market that ended lower. lauren: we will have the latest on california's controversial plan to tax -- to tax your tech, hard to say right now. ♪ lauren: coming up at 5:30 in the morning, monday september 17th, good morning, i'm lauren simonetti. cheryl: all right, we will talk more about that, good morning,

everybody, i'm cheryl casone, well, here we go, we are at tend of the year, it's been a very rough few weeks, though, for the stock market, the dow industrials s&p 500 on track for the first annual declines since 2015. but is it really about the economy, the fed or the markets or a combination of everything, let's bring in david nelson, chief strategists, todd horowitz, good morning. >> good morning. >> good morning, cheryl. cheryl: good morning, it's about the fed and great op-ed in the wall street journal, fed tightening not now and they go through the reasons the fed has to reevaluate their strategy, maybe not for this week but for next year, is the fed the problem? >> the fed will certainly be the elephant in the room and would certainly -- certainly the trigger for all this and if you think back to the beginning of october when rates really broke out to upside, large institutions, pension plans, insurance, could fund future

liabilities that way. so i would agree with that comment, i think -- i think fed and chair powell have been too hawkish and at the very least we understand pace of norrization but -- normalization but it's too fast. cheryl: remember, this was to save the economy and to save the markets years and years ago from the -- starting from 2008 financial crisis but should we be at path to normalization or the fed should kind of take a step back and maybe stop selling off so much of bond portfolio, they are still in high gear with that? >> i think it's the pace, cheryl. >> cheryl i don't think -- cheryl: i'm sorry. go ahead, todd, sorry. >> i don't think the fed should be involved at all, i think the fed has made as many mistakes as they always have done for 105

years, message of failure and the true fact is that the free market should decide what rates should be and you can see by the outside pure lenders that there's a thirst for money and you can get higher rates, why are they concerned about what the stock market does when overall the market can contain and can handle higher rates but, of course, too many people that are word about what happened day-to-day with stock markets and starting to try to manipulate rates to keep lower as they try to manipulate the dollar and the whole fact of the matter is we should let markets trade freely and whatever happens because they will resolve themselves because they are capable of marketing themselves. cheryl: do we need to get back to fundamentals of what trading is, 4% gdp on annualized basis, you've got wages are doing better, you've got the job market is hot, been on fire, is

that indicater, david, what do you say? >> look, we don't live in vacuum unfortunately and when the fed hiked rates for -- the first domino was credit, and ultimately these countries they are our customers, so as they struggle as customers struggle and those companies struggle eventually it starts to hit top and bottom line of u.s. and multinationals, you have been seeing play out here. >> interesting, if you look bat history, if you look back at what the fed, they are the first ones that started the quantitative easing and then bank of japan, bank of england, everybody followed suit, they are trying to catch up to us, global growth concerns that are affecting the stock market, is it? >> well, no, actually, again, i don't look at it the same way, cheryl, i see that there's issues but the issues are not because of the money. i mean, you cannot continue to try to feed a drug habit with

cheap money. you have to let the free markets take place and that's what the fed is trying to avoid. to let markets trade freely, it's called common sense, markets will find their own levels and economies are growing, if things look good, if the stock market holds off a little bit, we are only up 300% from the bottom. it's not like a major ordeal if we had 15 or 10 or 25% selloff. cheryl: this might be one of the most critical meetings especially from jay powell and we will see what they have to say, david, todd, thank you so much. >> thanks for having us. lauren: legal experts say federal judge's ruling that obamacare is unconstitutional won't affect americans health coverage but that hasn't stopped democrats saying this decision will hurt politically in 2020. >> puts a lot of our republicans in a box because they sort of

were -- you know, two-faced on the one hand they said they want to preserve preexisting conditions and preserve health care, on the other hand, donald trump and a large number of republicans brought this court suit. lauren: well, that's the political ramifications of all of this but i want to talk about the legal ramifications first, attorney misty morris. what needs to happen before goes to supreme court. >> it's likely going to end up in supreme court. first appealed to fifth circuit, will make a determination about the decision that just came down last week. now, if that discussion is overturned or partially overturned which is certainly a possibility, then we will see this play out in the supreme court sometime next fall. lauren: okay, let's say it goes to high court, it would be the third time the justices consider the fundamental provisions of obamacare, misty, twice before they upheld it, you have -- there are some changes on the

bench but all of the four democrats and chief justice roberts who have held the bill in 2020 are still there, what's different this time around? >> well, here is the big change, so before there was a tax penalty imposed on the basis of the individual mandate, that's the question here. is that individual mandate unconstitutional, the answer and why this is different from prior challenges right now is almost almost certainly yes and that's because congress changed the tax penalty, now the tax penalty is zero dollars. the reason that obamacare was upheld previously was on the basis of congress' power to undertaxation so because that has now changed, obamacare decision is absolutely vulnerable. the question is, is just the individual mandate unconstitutional. you will not find too many legal experts that it is not given the

changes the congress has made, however, the question is can that issue be separated or severed from other issues, will obamacare be overturned in entirety or only be that individual mandate and that is going to be the question the supreme court will face. lauren: and that's going to be the question for many politicians, a lot of folks are saying that this decision is a win for republicans, but in a way this could be a win for democrats because this gives them their 2020 platform, right? >> certainly. lauren: trying to take away health insurance. >> they'll be political ramifications and the bigger question is -- is having this decision out there, knowing that the supreme court is going to be looking at this issue, is this a segue that maybe congress can actually work together, republicans and democrats to really try and reform health care, bend a little bit on both ends, that's what i think the big question mark will be, but lauren, you make a great point,

of course, that's going to be a platform for the democrats but also positive for republicans, right, we have been talking about challenging obamacare. the prior decision shocked a lot of legal experts when obamacare was upheld at constitutional and now certainly vulnerable and only time will tell how it will play out in supreme court. lauren: we didn't see a surge in premiums like we did in years prior, that was good news under republican congress and administration, right? >> oh, certainly, a very good news and the question will how would this impact the insurance markets now because as this case makes its way to the supreme court, there's some questionability about the stability of obamacare. something we will keep an eye on. lauren: misty marris, we appreciate you. >> thank you. cheryl: christmas may be coming late for amazon workers in

germany. the union representing the workers says amazon employees are paid less than others and that country on the way second largest market after the united states, the stock is in a little bit of pressure, down quarter percent in the premarket. stock to watch. lauren: speaking of amazon, amazon itself is taking a look at less profitable products. cheryl: tracee carrasco with that story and other headlines, good morning, tracee. tracee: amazon is focusing more on bottom line and growth, it's taking a closer look at products that aren't making any money, reports says products tend to be about $15 or less are sold directly by amazon and are heavy or bulky making them expensive to ship, amazon has been eliminating unprofitable and change packaging to better sale online, amazon is up 35% year to

date. cheryl: if you don't have something people don't want to buy, too bad. all right, we have been talking about all this morning. californians will not be charged for text messages, texts, i guess. tracee: that's correct. public utilities announced it is withdrawing measure that would allow text messaging surcharge to phone bills, text message is a informative service and not television service, if it were a telecommunications service it would be subject to state tax under california law. there you have it. lauren: how much young adults relying on their parents financially? tracee: well, probably too much, 79% of participants continue to serve as the bank for their grown-up children paying for big-ticket items like college, weddings, mortgages and even everyday expenses, contributing some

$500 billion annually, that's twice the amount they invest in their own retirement accounts and the study says 63% of participants have sacrificed their financial security for the sake of their kids which, of course, could come back to bite them in the end when kids are taking care of the parents. lauren: yeah. my jaw is on the floor with this story. tracee, thank you. cheryl: good story, all right, let's take a look at futures right now. we are slightly higher in premarket, remember, big 500-point drop on friday, but dow is now up 26, s&p up 4 and a quarter, nasdaq up 15. well, coming up, they were last season's super bowl champions but the philadelphia eagles fought for their lives against the los angeles rams and after chicago bears clinched first division title in 8 years, things only got better for one player.

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cheryl: welcome back, week 15 for the nfl, closing in on playoffs, huge upset to tell you about. lauren: jared max is here and the upset. jared: don't forget about the defending super bowl champs, underdogs, fly eagles fly, right past the rams. nick foles. two rushing touchdowns. eagles 30, la dropped two

straight, 11-3. steelers had lost 3 straight. two touchdown passes in first half, rooky ran for 142 yards, steelers hand patriots second straight loss. pittsburgh in first place. santa clara, seattle seahawks failed to do so with field goal in overtime to win, 4-10, 9ers. yesterday the cowboys got shutout by the colts. dallas lead nfc east is one game with skins and eagles with 2 to play. rogers saw a streak of 402 straight passes without interception come to an end. congratulations to the bears, clinched the playoffs and first division title in 8 years, 24-17, what a day for bears who

proposed marriage on the field to his girlfriend. >> jennifer mary will you -- >> yes. >> you accept? >> yes. >> i love you, baby. jared: think of that next time somebody messes up lyrics of the anthem. salute to remember the titans. watch this. remember the titans, they used to taunt open oants in movies. inspired the tennessee titans after win over the giants, they do remember the titans next. cheryl: great stuff, jared max, thank you, sir. jared: two weeks left. cheryl: this is it, catch jared max, fox news headlines 24/7. siriusxm 115. lauren: don't go anywhere, a pulse of the market, major blood bath on friday, dow is up 12,

gaining onto gain, nasdaq up 12, coming up will the president's border wall get funded? >> we will do whatever is necessary to build the border wall to stop this ongoing crisis of illegal immigration. lauren: does that mean a partial government shutdown is inevitable disputed before christmas and it is that time of the year if you are a fan of the film classic a christmas story, your dream could finally come true but it will cost you. you're watching fbn:am. mutual cs your car insurance, so you only pay for what you need. over to you, logo. ♪ liberty. liberty. liberty. liberty. ♪

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cheryl: welcome back let's get you caught up on what's happening now taking a look at futures after the blood bath, lauren was right on friday, up slightly, nasdaq up 13 and 3 quarters. ceo of hq trivia app has been found dead at age of 34, helped create the social media form vine, he was found dead in new york apartment on what's believed to be possible overdoes.

north korea has condemned sanctions to the u.s. and could lead to return of exchange of fire, one official is top aide to kim jong un. according to new poll two-thirds of iowa would vote to reelect president trump in 2020 among iowa democrats joe biden and bernie sanders are polling high in crowded field of contenders, 32% say they would vote for biden and 19% would vote for sanders in 2020 and you can now spend the night on house of christmas story, the film in indiana, the real house is actually in cleveland, cost you a lot. 6-bedroom home, listed for $3,000 a night, i mean, fun film but 3 grand a night. lauren: has a lamp, cool lamp. [laughter] lauren: congress is running out of time to keep government open, shutdown deadline friday at midnight, the house is on break until wednesday.

the president is willing to shut down the government if he does not get his 5 billion-dollar border wall. >> at stake is the question whether or not united states remains sovereign country, establish rules and the democrat party is simple choice, they can either choose to fight for america's working class or promote illegal immigration, you can't do both. lauren: that's the argument from the trump administration, jesse of the london center for policy research, jess, thanks for joining us. >> good morning. lauren: would government shut down, should it shut down or would we notice if it does? >> first, i do think it will shut down and, yes, it should because president trump has made campaign promise. this is something that he was elected on and there are millions of americans that standby him for this. will we notice i don't think we will because several departments are funded such as department of defense and department of labor, with that said, we are not looking at a significant amount of impact as we would be

particularly if you're military is in impacted by this and should we be concerned, i think that a lot of the employees often are given the pay that they miss when there's been a government shutdown, congress has repeatedly authorized funding for them, so they haven't had the impact that many would think that the long-term impact could be on them financially. lauren: optics of this look bad, we elect lawmakers to not shut down the government essentially, but you know the democrats don't want to give the president a win to put another check mark against a campaign promise, build that wall, they already agree, 44 democrats voted for $25 billion for the wall, this isn't about the money. >> no, it's not about the money, 4 trillion-dollar budget that we have and this is a very small amount of that annual budget. this is really posturing against president trump, democrats have repeatedly supporting building border security, history of statements by many democrats

supporting this, this is obviously rattling, nancy pelosi is in tough spot, she risks losing democrat support and she will lock down on this. lauren: two questions for you, a, does donald trump have the votes here and b, what are the chance that is they kick the can down the road and do continuing resolution that gets us into the beginning of the new year. >> i don't think president trump will sign on any continuing resolution because next year the democrats are in charge and he loses his very brief opportunity. lauren: okay, good to know. what -- what are the chances that the president says, okay, let's give a deal for the dreamers, a deal on daca and the wall, do you think the democrats take that up? >> you know, that'll be a tough one because many people are against daca that has happened already by president obama that he extended that, so that's going to be a tough spot but it would put democrats in a

position where they must apiece the president because if they turn back on data, if they turn back on dreamest, -- dreamers, they would end up like they lied to them because that was forefront argument in the past so that might be a very good strategy for the president to take. lauren: we will see if that is the strategy, right now both sides are holding their ground. this is fascinating and worrisome at the same time, jesse jane duff, we appreciate it you. >> thank you. cheryl: british prime minister theresa may still talking about second referendum, is going to be a second vote on brexit in you're watching fbn:am. but how do you work with it? ask this farmer.

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>> over the weekend, i think it's just a number of possibilities that lie in its way first because of how controversial a second referendum at this stage would be, one of which is going to be trying to convince people for her to vote in the first place and then vote of no confidence in the government not just theresa may i think would come before referendum. lauren: so let's say may's deal fails in pardon -- parliament, o you think what happens to brexit then? >> uk needs to consider if it's going to negotiate. rally it is troops on the opposite side of the house for vote of no confidence.

i think that would lead to extension of the actual deadline itself and referendum isn't realistic possibility but the last thing that would be considered in all of this. cheryl: in all of this her leadership has been questioned time and time again, she did survive the no confidence vote last week, i think i made a joke about her being the new iron lady, how strong is support this at point? she still has to lead the nation throughout this whatever deal for the next few months? >> i don't think it's may in question, but the deal brought home that seems nonnegotiable with europe that's the problem. unless she can take deal through parliament, she may be force today -- forced to resign. they know the more pressure there's on may, the more chances there are as we have seen this weekend of referendum that means the uk staying in the eu which ultimately is what the eu wants.

lauren: she hasn't gotten anything from the eu, any concessions has she? >> very little especially this weekend because the eu knows that it's in favorable position and possibility of no deal brexit firmly on the table which right now the eu is banking at not being, i don't think the eu is going to negotiate and that leaves theresa may in extremely tough position. cheryl: thank you so much for being with us this morning. lauren: thank you for tuning in to fbn:am, we will say good morning to maria bartiromo. maria: happy monday, good morning, everyone, thank you for joining, it is monday december 17th, top stories right now before 6:00 a.m. on the east coast. stocks are mixed this morning, take a look, dow industrials pulling back a fraction but the s&p 500 is up a fraction and the nasdaq up as well. about 5 points on the nasdaq, investors waiting on the federal reserve decision wednesday two-day meeting kicking off

tomorrow. this after sharp selloff on friday, once again major indices down 2% on session of friday on global growth concerns, dow industrials almost down 500 points at the close, nasdaq down 160, two and a quarter percent lower on nasdaq, in europe the trend continues, markets are edging lower, ftse 100 down quarter percent, cac quarante down half percent and the dax index down fraction this morning. in asia overnight, mixed performances, take a look, nikkei average in japan up two-thirds, best performers, others fractionally move. legal blow to obamacare to report. a federal court ruling that the legislation is unconstitutional, the judgment likely headed to supreme court, democratic congressman tim ryan told me on sunday morning futures say it is -- says the ruling seems problematic. >> for us to give help to families with health care i think is a mistake for our country, it allows us to