dollar in sales. [closing bell rings] susan: neil, great to see you. closing bell at this point. markets ticking up full week for 2019 in the green. what will we see tomorrow? that is it for "countdown." connell mcshane, melissa francis pick it up from here. guys? melissa: green across the board. all three major averages kicking off the week in positive territory on renewed optimism after u.s.-china trade deal. the dow closing the day up 99 points. off session highs. connell: we'll take it. melissa: we'll take it. i'm melissa francis. connell: i'm connell mcshane. good to be with you. this is "after the bell." s&p 500 and tech-heavy nasdaq with green finishes as well. nasdaq up 1.25%, 85 points. we'll have more on big market moves. here is what is new this hour. preparing to address the nation, president trump will speak directly to the american people tomorrow night, just ahead of a

visit to the southern border where he will meet with officials on the front lines there. the partial government shutdown is now in its third week. lawmakers don't appear any closer to a deal. the president says he is considering declaring a national emergency, which he says would allow him to act without congressional approval but there are legal questions about how all that might play out. plus hoping to bridge the divide. a new round of talks indeed is underway between the u.s. and china. we'll have latest on the talks as we know them from the white house. our guests include ken paxton, texas attorney general, dan henninger, from "wall street journal" and guy benson from townhall.com. melissa: back to the markets, the dow ending up for a second day after surging 746 points on friday. let's go straight to deirdre bolton on floor of new york stock exchange. deirdre. >> melissa, you show the intraday chart and you can see, our viewers can see first half hour the dow was lower, finally

climbed off. closed off the highs but still higher for the day. consumer discretionary stocks as a group were stronger on s&p 500. that pattern showed up on the dow. read a list of gainers. home depot. you had visa, nike, walmart, mcdonald's. backing up idea of consumer discretionary is stronger part of the market with the dow or subpoena 500. two other standout stocks to tell you about. eli lilly is closing higher. the what is interesting the company is acquirer. you don't often see that. sometimes the acquirer closing lower. not this case. lily closing up after it was making a strategic purchase of a oncology companies that developed a lot of cancer treatments called loxo oncology. that stock flew 65% higher. ge closing up for the sixth session in a row. ge up better than 5 1/2%, on the idea that private equity firm

apollo global management may seeking a buyer, maybe helping ge to get a buyer for its airline leasing division. a lot of analysts say that could be worth up to $40 billion for ge. that company going through a huge restructuring trying to sell off parts of its business, spin off of others. a standout stock on that news. keep in mind the larger context, we know the company had very rough 2018. the stock was down around 55% in the past 52 weeks. so underperforming the s&p 500 7% plus or minus in that time period as well. melissa. melissa: deirdre, thank you. connell: with stocks climbing today, we had the latest round of u.s.-china trade talks kicking off over in beijing. let's find out more about that. edward lawrence is at the white house with what we know. edward? reporter: connell, very positive talks or information coming out of that meeting. the language the chinese are using is extremely good

according to the white house here. china's top negotiator even stopped by the meeting to see how it was going when it kicked off. a signal to the white house this is very important to the chinese. they want to make some changes. in fact a chinese trade official says these meetings are setting up talks next week at the minister level between u.s. trade representative robert lighthizer and china's top negotiator. chinese foreign ministry says quote, china is sincere properly resolving trade frictions on mutual respect, equality, mutual benefit and reciprocity. this is the first time they used the term reciprocal talking about trade. the white house is optimistic this is a sign china wants to stop the damage that is happening to their economy. >> well the president talks about his positive relationship with president xi in china. obviously this is critical. we want to insure at that we keep pushing forward, free, fair, reciprocal trade deal with china.

china has been impacted very negatively because of the tariffs. we've seen their economy drop. so in essence, this is again, where this is part of the process. they have 90 days until march 1st to get a deal done. reporter: the issue for the u.s. delegation to get in writing those punishments if china breaks their word and down follow through what they're talking about. i got out of a briefing with the vice president, jared kushner and other department of homeland security. these folks were in the negotiation about the government shutdown. the white house very concerned. the vice president said they made a good faith offer to democrats after christmas. democrats said no. the vice president democrats said democrats at table on saturday or sunday they would not negotiate at all until the government reopens, then they will talk about border security. connell: very interesting. edward lawrence on the north lawn. melissa: we have john layfield, heather zumarriaga, thanks to both of you for joining us.

john, let me start with you. start with the chinese. lots of signals but they do a lot of signaling and then you know, i don't know how much follow through there is on that. this time the signals are good. what do you make of it? >> that is good point, melissa. anytime you have to come out saying we're sincere, shows you you were insincere previous times when you had to make the statement. i don't think they're sincere this time either. i think they're killing the clock. they look at america, they see the president's side lost the house. they think america is politically divided. china feels like they have a winning hand. i think they're killing clock. i don't think they are sincere as all. i don't think we're closer to a deal now than we were two months ago. melissa: i agree what everything john said but the divided house. nobody agrees with china. it is high on our list of priorities. when you look at squabbling in the midst of the shutdown i

don't know how many folks in congress are focused on this what do you think? >> they may not be focused because of the shutdown but i think the markets are focused on china right now. two things, china and the fed. the markets really haven't reacted negatively to the shutdown. maybe postively. we could argue some of us, down here in d.c. in terms of the traffic patterns are a lot lighter for me right now driving in and out of d.c. look, i think that although the chinese said they're willing to make concessions in the past, i do think president trump's tariffs really hit them hard. their economy is falling down. market is bear market territory down 27%. exports contracting for 8th month in a row. china is really feeling pain maybe this time it is different and they will make negotiations, because they have to? connell: maybe. talk about oil, hit a three-week

high. ended higher for the sixth consecutive trading session. longest winning streak for oil in year-and-a-half. phil flynn joins us from chicago. what stood out about today, phil? >> i think it was optimism about the economy, chinese trade deal, also talk about opec and compliance to production cut. saudi arabia said, would cut production, maybe cut exports by 800,000 barrels a day. that's a huge number and shows that if the saudis do that, the compliance to opec production cut may be 150 or 160%. so they're very serious about getting these prices higher, and sending that message at a time when economic optimism is getting back together. put the two together, very strong market right now. connell: definitely strong today, getting closer to $50, up close to 49. phil, thank you. billionaire investor carl icahn spoke to neil cavuto

earlier on in the day about the recent volatility in the market. let's listen to that. >> a lot of people are noticing all these multi100 point, 1000 point swings, saying something is going on that is not typical. what do you see? >> yeah, no, i agree and what, sooner or later there is going to be a day, there will be a day, and i'm 98% sure of this, where we do hit a wall because you, the federal reserve is like a rich father that keeps giving his son money and giving his playboy son money. you can't keep doing that. you can't keep doing that. you have a world economy and the father runs out of money. connell: john, heather still with us what do you think about that, if we hit a wall and do you think carl is on to something? >> yeah i think we may hit a wall. i may have misspoken republicans losing house, that was china's perception looking into the united states, which lends to the fact that china thinks

they're winning this trade war. if that is the case we don't have a good negotiation going on and i think we have a real problem with the trade war, most importantly out there. i don't think the fed is that big of a deal. i think fed will back off. i think they looked at the data. they made the point. they proved they were not in trump's back pocket. they proved their independent and not move forward with the data points and not raise rates next year. connell: how big was what we saw from jay powell on friday from the federal reserve chairman? sometimes we underestimate these things, and overestimate i should say and turns out we underestimated how important a comment like that was. was that some sort of a sea ching from this market point of view? -- sea change. >> it really was from standpoint of october 3rd because the market sold off because fed chair jay powell said we were far away from normalization. that made the markets tank ever since then. so his statements on friday,

although we seem to parse through if he sneezes we dissect what it means. the patient sent the market soaring, he said he will be patient for economic conditions to evolve. he will remain flexible. markets love that they like to see that we're not on predetermined course and that the fed will react as it has to economic new conditions and economic date takes we'll have you back to compare the sneezing of jay powell, bernie sanders and janet yellen maybe next time. john, heather, always good to talk to. >> apple not holding back. the tech company not so subtly calling out competitors over privacy concerns. connell: not subtle at all. a national emergency, that is what president trump is considering declaring in order to bypass congress in order to fill the promise to build that wall. the question brought up, would that be legal? melissa: national security advisor john bolton outlining conditions necessary to remove u.s. troops from syria. the latest strategy from the trump administration.

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>> president trump trying to find a way to get border wall funding addressing the nation at 9:00 p.m. eastern, after a plan he has to go to the mexico border on thursday. kristina partsinevelos is here. reporter: the speech will involve, pretty much state, right now we're facing a humanitarian and crisis at the border. that is expected to be in the speech 9:00 p.m. eastern time. more news from the white house. just last hour or so. lawmakers over border funding as well as security as well as shutdown that we know right now

is into the 18th day, third longest shut down in history. a partial shut down. so you have a lot of americans affected, over 800,000 jobs, pertaining also to tsa, representatives. a lot of people are saying, that not as many people in the airports. those headlines could be misleading. we don't know what the sick rate is for the individual airports. nonetheless, one effect of this shutdown which is why there is no exit strategy for either side at the moment. you do have them butting heads. earlier this morning, chuck schumer, democrat speaking about why this wall is a bad idea. listen in. >> the president couldn't pass his wall when the republicans controlled the house and the senate because they knew it was a bad idea. and now he is creating a shutdown even though elections, in the election he certainly was repudiated in house and doesn't control it anymore. reporter: schumer took literally opposite of senator john cornyn

who was on fox news this afternoon. >> but you know this, has been entirely contrived phony crisis right now. by that i mean the political crisis in washington where miss pelosi and senator schumer simply want to beat president trump. they want to deny him what he is asking for and they want the political benefit among their base for having done so. reporter: democrats have said they would put forth individual spending bills to help the treasury department as well as irs to get tax refunds n response this afternoon, the white house said, don't worry you will get your tax refund. we will find the funding, it won't be delayed. latest we have. congress out of session until tomorrow. so the shutdown continues. connell: tax refunds will be paid. kristina partsinevelos on capitol hill. melissa. melissa: here to react, guy benson, townhall.com fox news contributor, host of "benson & harf" on fox news

radio. >> yes, ma'am. melissa: feels like the president doesn't have the upper hand, if you look attack ticks, republicans are saying we're talking over the weekend, democrats not moving a must -- a muscle. i'm not sure networks have agreed yet, that is what we're being told. he will go to the border on thursday. what do you see as the score right now? >> "the wall street journal," melissa, reporting that at camp david the president was asking his aides are there certain ways that he cannot retreat necessarily but get an off-ramp of this highway, this highway. melissa: do they have any good answers? >> it would look like opportunity he could say we got x, y, z, wasn't total collapse, but obviously i think resigned to the fact he will not get everything that he wants. democrats i think have very little incentive to do anything at all because they feel like they're winning this political fight. there will be this pitch of some of these workers not getting

paid for a while but they're happy to blame that on president trump. i do think the media could ask more questions about why the democrats were in favor of physical barriers, 700 new miles of double layered physical barrier in 2006, 2013. they offered $25 billion for the wallace year. why was that okay then, not okay now? i think what we're seeing to answer your original question from the president is, he wants to be able to look his base in the eye and say, i went to the mats on this. we were on a government shutdown for weeks. i addressed the nation from the oval office. i believed for the first time. melissa: yes. >> on policy speech. and he will do it. some of the networks, i think networks will eventually come around and cover it. i am going down to the border to highlight the issue. he has relatively strong substantive case to make. politically the hand is relatively weak. that is exactly what pelosi and schumer know. melissa: does the rest of america hears, when he is talking about, i don't want a

concrete wall, steel slats, it's a fence, we have it elsewhere, there are specific places landing mat made of robber people are cutting through. that needs to be replaced any way. we replace it with steel fence elsewhere. what he is asking for is pretty basic and fairly logical. >> yes. melissa: we want cameras. when democrats say we want that stuff, others folks you need a point to affix the cameras, have, makes sense to have the wall, the fence, everywhere. >> right. melissa: does the rest of america hear that logic or are they hearing trump wants his wall, he is a racist? >> hearing wall, wall, wall, shutdown, shutdown, shutdown. tomorrow night could be opportunity for trump not totally turn things around to focus people's minds. >> how? >> so on thursday, right, democrats take over the house. everyone is talking about that. trump comes out, surprise press event at the white house with border patrol behind him, right?

he comes out. congratulates pelosi. magnanimous. makes policy argument for the wall. brings forth the border patrol guys live this stuff. they all leave. the president whined they didn't take questions. they took questions day before, day after. this is good focused messages from a white house that isn't always good. he needs to come to the american people. you heard a lot of noise. i contributed to the noise. here is all we're asking for. make a logical case. bring up the democrats previous voting record. i am willing to compromise. here are the ways i already offered compromise. i need them to meet me somewhere here. i think he has okay substantive case to build there. melissa: guy benson, good advice. thank you. come back soon. connell: another part, taking a sick day. there is reported up tick in tsa agents calling out sick as they are working without pay during the shut down. we'll talk about how this might or might not be impacting your travel coming up.

plus newly-elected congresswoman alexandria ocasio-cortez defending what is a socialist economic adenda. are her ideas even too liberal for the democratic left. that is coming up. ♪ 'cause every day starts like a race. ♪ ♪ you got a side that loves that style, ♪ ♪ but to fit in those shoes gonna take awhile. ♪ ♪ today life's got you runnin'. ♪ ♪ tomorrow big things are comin'. ♪ ♪ that's why nationwide is on your side. ♪ ♪

connell: breaking news as of the close of business today, amazon wits stock moving up, closing out as largest u.s. company. that is the first time we've ever seen that, surpassing microsoft. amazon jumping from fourth largest u.s. company to number one over the course of six trading days. the stock at 1629. melissa. melissa: the race is on. joe biden is close to reaching a decision on running for president himself. fox news's peter doocy is live on the ground from des moines, iowa with the latest. what is the scoop?

reporter: joe biden is trying to look at the field to figure out the third time is the charm and mount a third campaign for himself. "new york times" tell biden, if there is somebody better who can win. i don't see a candidate who can clearly do what has to be done to win. a big base of his support would be in south carolina, but that is the specialty of a top operative, who joined the draft beto movement as advisor. congressman o'rourke earned millions in small dollar donations, similar to the mode of bernie sanders in 2016 but sanders is being urged by his his hometown paper to sit this one out. editors right, ego, electoral map, tired message, prickly media darling sanders is convinced he can win the white house in 2020. we're not convinced he should. here in iowa there are sanders supporters who are a little sore he wasn't treated fairly during

the 2016 process including here in iowa. none are talking about policy yet. elizabeth warren is here. this weekend had big crowds. talking about regulating big banks more and did not talk about donald trump at least not directly. >> i think that what our 2020 issue will be is, how we talk about what we stand for. our affirmative vision of how we build a country that reflects our best values. and that is what i try to talk about every chance i get. reporter: didn't use the president's name a lot but kept saying these are dangerous times. melissa. melissa: peter, thank you for that. connell: here to talk to us more about all of that, from "the wall street journal" editorial page deputy editor and fox news contributor dan henninger. always good to see you. the differences are kind of striking. i know it will be a big field, between those two candidates

peter mentioned, elizabeth warren and joe biden, when it comes to relationship with wall street, you can see elizabeth warren go after the banks and joe biden as charlie gasparino was talking about, go to wall street to look for the money. i wonder who has the upper hand early on? >> hard to tell. all these candidates, over 20 of them thinking of running for the democratic nomination. what is at the base of all of this, is the reality of donald trump's presidency. if you roll camera back to this point in the cycle for 2016, donald trump thinking of getting in, the whole world thought this cannot happen. it just won't. i think all the democrats are figuring out they have to throw it against the wall to see if it sticks. lightning might strike. the problem i think with elizabeth warren and joe biden is, all the energy from that party is coming from the younger members. reflecting what happened with beto o'rourke.

connell: right. >> these are progressive, true believers, who really want a candidate who will go with their left-wing politics. connell: don't you think ifer being logical bit, saying to themselves, pennsylvania, michigan, wisconsin, that is the states we need and you know, logically joe biden is the man for the job? >> that is the logic of it but logic has gone out the window in politics today. i think a lot of democratic professionals are saying, if they were going to bet their money right now, they would put it on joe biden. he has high visibility. he is by and large popular. yes he can connect with the blue-collar voters that donald trump stole away from the democratic party. but i don't know whether the democratic professionals will get their way with a lot of these sort of energized, young, left-wing politicians who want to get into the race. connell: to your point the republican professionals didn't necessarily get their way last time around. on that point, freshman congresswoman alexandria ocasio-cortez is from that wing of the party dan is referring

to. she is making the rounds defending her progressive, quite liberal economic policies. here is some of her latest comments. take a listen. >> when people hear the word socialism, they think soviet union, cuba, venezuela. is that what you have in mind? >> of course not. we have in mind, and my policies most closely resemble what we see in the uk, in norway, finland, sweden. connell: forget that type of socialism. i have a completely different one. that is where to your earlier point you think the energy of the party is? >> yeah. it is driven by a lot of emotion. i mean, she gets criticized a lot for embracing socialism. which bernie sanders did. bernie sanders was very popular in the democratic party. interestingly, in the head-to-head polling that we all did two years ago, when you would put bernie sanders or hillary clinton against donald trump, mitt romney, marco rubio, all the rest of him, bernie always came out

ahead in those polls. so there is something going on there, a level of emotion. i think that's what she represents. her comments about the nordic countries are preposterous. they are market economies. they tell you they have a welfare state. they are not socialist. connell: that is a very good point. those are not socialist country. >> companies like erickson, nokia, these are not nationalized industries. these are thriving private economies. but that doesn't matter. it is emotion. it is kind of idea that the people should be taxed. you should have a bigger welfare state. you should do more good. i think that is ocasio-cortez's appeal in the party. a the lot of young people believe that sort thing. connell: that could definitely not for her, not even age eligible. that is the type of person they turn to. thank you, dan. melissa: national security advisor john bolton outlining u.s.'s next move in syria. what it means for our troops on

the ground. meeting face-to-face once again, kim jong-un. is reportedly on his way to china. for his fourth summit with the chinese president. what does it mean for talks with the u.s.? what is next?

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decreased appetite, headache, abdominal pain, tiredness, vomiting, and hair thinning or loss. i'm relentless. and my doctor and i choose to treat my metastatic breast cancer with verzenio. be relentless. ask your doctor about everyday verzenio. melissa: the fight against isis. national security advisor john bolton says u.s. troops will remain in syria until the group

is defeated. meaning withdrawal of forces could be delayed months or even years. here to discuss, peter brookes, heritage foundation senior fellow and former assistant secretary of defense. thanks for joining us. >> good to be with you. melissa: what do you think of this? is this the right move and is this final word because it is a pivot from the where the president had started in? >> i think it would have been better done this previously, the rollout, announcement by the president, the president had said to his secretary of state, defense, national security advisor, look, i want to get out of syria, tell me how i should do it. then the consultations begin. we're aware of a plan but i think they're doing it in a little bit of reverse here which is unfortunate but doesn't mean it can't be fixed. so john bolton is out there. he is in israel. he will be in turkey. there are messages of consultation, reassurance. also, mike pompeo, secretary of state mike pompeo is on his way right now to the middle east. he will be in eight or nine

countries. many of them in the gulf region to talk about same sort issues. isis, iran but also about the united states presence in the region. melissa: what do you make of president erdogan pending an open ed, that we got it, president should get out? we are complete against isis and we'll make it good and don't worry? i'm summarizing that is basically what he said? >> i understand. that he will meeting with president putin as well, maybe after the meeting with john bolton about the u.s. withdrawal. look, turks are nato ally. they're a partner. they can be troublesome. we don't agree on everything as you well know including the kurds. they have a mutual interest on isis. the question is also about turkish capabilities. we get so used to the united states military and our intelligence services and how terrific they are and how well they are able to get the job done but not everybody is on the

same plane. nobody is on the same plain, melissa. that somebody can take over what we're doing and fill in there but that is not the case. there are a lot of things talked about, discussessed debated as we move forward on issue. melissa: get your take on report that kim jong-un will visit china with a president xi. i don't know if cons since because we're in heated talks about china with trade. i happen to think everything is always connected but what do you think about this? >> i understand we're having meetings in hanoi, vietnam about another summit with north korea. the president talked about this as well. you're right, they are all connected. this is the fourth time that xi and kim have gotten together after not having gotten together in years. in fact their first meeting took place last year. there are a lot of things talk to talk about. melissa: good or bad for us? >> i think china will not be our

friend on this issue. so i wouldn't say it is good for us but it is the natural course of things that north korea is going to consult with china. melissa: peter brookes, fantastic as always. >> happy new year. melissa: you too. connell: always good, peter brookes. the commander-in-chief considering declaring a national emergency to build the wall. coming up we'll talk more about that. plus defending obamacare. house democrats filing a motion to intervene in the on going lawsuit to bring down the affordable care act. what it could mean for the future of health care. the texas attorney general ken paxton who is leading the obamacare lawsuit. he will join us next. ♪ i had a coach. math. ooh. so, why don't traders have coaches? who says they don't? coach mcadoo! you know, at td ameritrade, we offer free access to coaches

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general from that state, ken paxton, joins us now. good to see you, sir, as always. thank you for coming on. i know it has been talked about, the president ad at least considered the option of declaring a national emergency and allowing him to appropriate funds already appropriated into border wall funding. that is in your state. that is where the border is. do you have a legal opinion on that whether that is possible even? >> oh, yeah, he definitely has a case to be made. obviously a federal judge will make the decision in the end but the u.s. supreme court. he has a case to be made, given fact we deal with human trafficking as a result of border issue. we deal with drug smuggling and cartels. all kinds of crime we have in texas. just bus no president has done anything in the past doesn't mean we don't have crisis on the border. connell: reading between the

lines, he has a case that could be made, but eventually decided in the courts. that is tough road. it would be easier, i don't know if anything is easier in washington to cut a deal, do you think? >> well, sure if that is possible. democrats seem to want to do nothing about this. they want it as political issue. they have had years and years to address this they have never done it. we begged for it in texas for decades. so i'm not confident democrats want to fix the problem. the courts may be where we end up being? connell: had youhow does this play out? last we heard from the white house, vice president, they were inquiring through the white house counsel how they would go about that. say the democrats won't give in. doesn't appear they have any incentive to do that. the president has to make a choice. cut some sort of a deal that doesn't have funding or go the national emergency route. what choice do you think he would make? >> typically these presidents are pretty successful when it comes to government shutdowns. i think he knows what he is doing.

there is a good chance at the end, whether through some national emergency power or negotiating with the democrats. ultimately he will get what he wants. matter of time. connell: timing. i want to get your thoughts on another important issue, hits close to home. justice department asking to delay the obamacare lawsuit because of the shutdown. house democrats moving to intervene in the case. texas has been leading that lawsuit. so i guess the question is what's next? what can we expect to happen here? >> it is interesting the house is intervening. already on final judgment. i don't know what interesting legal powers nancy pelosi has to get in. my suggestion to her, if she doesn't like how it is going she has the power to fix obamacare to make it work. obviously we'll be on appeal. i think we'll be successful in the end. i think we're clearly right on the constitution. we're clearly right on the law. connell: so this though is being delayed slightly by the shut

down as well? this is another thing that could drag out? how long will it play out for interested parties that want to know? >> i don't know if it will dramatically affect us. cases take a while to get through the courts because it is so important. the last case took year-and-a-half. if we add a month or two it will not impact us substantially. ultimately we will get the result we want. that is what we are looking forward to. connell: democrats getting involved as a last point, how does that affect that? i guess logic there, this is a federal government policy and the current administration is not defending it. democrats, say you're not defending it, we'll defend it. does that make any sense. >> no. it affects our case little or none because the california, has already defending the government position that obamacare is constitutional. there is already somebody on the other side. they appealed it to the fifth

ircircuit after we won at the district court level. this is more grandstanding and politics. it doesn't affect our case. if they are, california set look the clark. we feel like either way there will be successful. connell: already lawyers on both sides of the case t would be -- >> correct. connell: okay. we obviously been following that. we'll continue to follow that ken paxton, thanks for coming on today. >> thanks. have a great day. connell: you too. melissa: this is really happy news. connell: happy news? melissa: airport security lines could be getting even longer. connell: good. >> how the government shut down might start impacting your travel plans when we come back. ♪ hey, how's the college visit? you remembered. it's good. does it make the short list? you remembered that too. yeah, i'm afraid so. knowing what's important to you... it's okay. this is what we've been planning for. thanks, bye. that's what's important to us.

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melissa: if the airport isn't fun enough already for everyone. of the partial government shutdown is threatening paychecks of tsa agents.

apparently some are calling out sick. hillary vaughn with all the details. hillary? reporter: hi, melissa. the tsa is pushing back on its reports that employees are calling out sick in masses at airports around the country because they're not getting paid. tsa public spokesperson setting record straight on twitter. regarding cnn report on sickoutses at airports nationwide, the statistics reported are grossly inaccurate an insult to dedicated workforce, men and women showing up to support the mission every day. keep your heads up. we're in this together. now the tsa agents are entering week three of a government shutdown. union leaders say some employees are calling out sick to avoid working without pay or in order to pick up work somewhere else in order to pick up a paycheck. meantime the wave of agent mo-shows is being called the blue flu for blue uniforms they wear.

even with some calling out sick, tsa says wait times didn't really take a hit. they saw this 99% of people actually made it through security lines on sunday during one of the busiest travel days of the year in less than 30 minutes. melissa? melissa: hillary, how fun, thank you. connell: former nissan chairman carlos ghosn is set to speak at a court in japan. this following arrest of financial crimes. when this happens, he will be handcuffed with a rope tied around his waist which is custom in japan. he will have ten minutes to address the court. this is story surrounding one of the big time auto executives. carlos ghosn. we'll pass along details as soon as we get them. melissa: dodging the trade war between u.s. and china. latest move from elon musk. how it could help tesla avoid tariffs on its products. that's next. ♪

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breaking news, canada's prime minister thanking president trump for his strong statements backing two canadians detained in china. all happened in a phone call earlier today. trudeau and trump discussed the u.s. request for the extradition of the detained executive and quote reaffirmed the importance of respecting judicial independence and the rule of law. the two leaders also discussed the next steps in addressing those steel and aluminium tariffs and reaffirmed support for workers affected by the closure of the gm plants. read into all of that what you like. >> exactly. those tariffs are still in place. that could be an important part of that. the tesla ceo musk touting the future of his company kicking off construction for a new 2 billion dollars factory being built in shanghai, china. so can the automaker dodge the trade war between the u.s. and

china as part of this? market watch technology editor san francisco bureau chief is joining us now. that's always been i guess part of it even though china went back to 15% tariffs, they were up to 40%, tesla was one of the companies that wasn't making cars there. this is part of the future for them. >> right, having the chinese government be on their side which they seem to have a good relationship so far. the key question is the time line. tesla says that it can get this factory up by summer. and then start producing by the end of the year. mass production next year. we've seen in freemont how those time lines tend to fall apart. and that's happened many times. so i think that's more the key question for tesla moving forward. >> does it make sense from tesla's point of view to be investing a company that's had its issues surrounding cash i suppose to be making this type of an investment? does this make sense to you? >> it does because china's such a huge market both for cars and for luxury items.

right? we've seen apple getting hit, but that's only because they have sold so many there in the past, they expect to sell more. tesla is going for that same market. it does make sense for them to go after china. >> let me get your take on an interesting story that we were following earlier today, apple with a not subtle at all shot at google and i suppose facebook in vegas at the consumer electronics show as everybody is pouring in there, apple touting its commitment to privacy with a giant billboard. what it says is what happens on your iphone stays on your iphone. that's the old what happens in vegas stayed in vegas. hey, we care about privacy; right? what did you make of that, jeremy? >> that's how apple is trying to position itself now. they have high prices on their phones. they want to be seen as the reason you pay that much for an iphone is they are not going to sell their data. instead of getting a cheaper phone and use your database cli as a down payment -- data

basically as a down payment. remember they connect to google. all those google apps on your iphone and they are tracking you and using your data. it is an interesting play for apple which is also out here making deals with some of these. they put itunes on to samsung smart tvs, talking out of one corner of their mouth while doing something out of the other. >> absolutely. apple is there? >> apple is not here. samsung made an announcement yesterday about itunes being on their smart tvs. you will see a lot of people out here in the apple ecosystem. apple is not at ces. >> that's their thing, we're too good for ces. we have to have our own events with the surprise and everything else. >> they can get eyeballs no matter what. >> that is true, they don't need ces. thanks for coming in. enjoy yourself out there. >> thanks for having me >> have you ever gone to ces? >> a couple times two or three times. >> a lot of walking. >> a ton of walking. it is like to get from one side

to the convention center to the other, it takes like a day. it's fun to see the new stuff. >> the dow today in positive territory. back up in the green, for the markets. we like that on a monday. >> absolutely. thanks for joining us. bulls & bears starts right now. david: hopes for a china deal driving markets higher. so is china now desperate for an agreement? this is bulls & bears. glad you could join us i'm david asman. joining me on the panel, inside the beltway, . two days of key trade talks have begun in beijing with reps from the u.s. and china, meeting face-to-face for the first time since president trump and president xi agreed to a 90 day freeze on tariffs, that was last month. the president optimistic about china's economic weakness, that that will give us an edge in the discussions. take a en