session of the month and it's looking pretty good. very good news on jobs, manufacturing, consume confidence and, larry kudlow says we're going to grow at 3%. that's all good. how about that, neil? >> i love that interview. two guys saying my good man, i don't want to be taxed. stuart: larry doesn't have a british accent. neil: that was you? sorry. stuart: allowed to get my two cents in worth, neil. neil: that is being generous by the way. all right, thank you very much, my friend. have a good weekend. we're following up on all the stuff of the tax talk we'll get to later these next couple hours. there is a clarion push on the left to raise taxes maybe not as high as 70% but still to raise them. that is getting to be across the board picture. more on that in a second. the economy generating a lot more jobs than expected

certainly last month. 304,000 of them, despite the shutdown. you heard wages sprinting ahead, third month in a row, seen better than 3% growth. 3.2 from a year ago. get the read the market seemed to like. it is pardon of that goldilocks mix of news. john bussey "wall street journal." former new york congresswoman, she is doctor, very smart lady in her own right. nan hayworth. not saying not being a congresswoman is not being smart. i can dial that one back. last but not least, "after the bell" host connell mcshane. get your take on the perfect mix report that got a lot of buying going. >> we're in the 2020 political cycle, tax cuts, deregulation work. that is the overwhelming message of today. market the of course as we know, go up and down. they're substantially, emotionally driven of the that is why presidents should never

point to the markets. neil: don't marry yourself to the markets. >> we know this economy is driving forward. we hear it from entrepreneurs. we hear it from job creators. we hear it from working americans. the business climate is tangibly better than it was under president obama and the democrats. neil: well you know, to be fair, this is the 100th month, john of job gains we've seen? >> yeah. neil: the worrier in everyone, whether you credit this president or the prior president, that's a long recovery and that's a long jobs spurt. you say can we keep it going? >> stretches back through the obama administration. no, this is a good jobs report. it not only showed jobs being created but showed more people coming in that kind of left the workforce. showed wages rising. that is really good. neil: okay. good enough you think to get the federal reserve's attention now to hold off? >> the federal reserve weighed in the day before, signaled a couple days before that they are

going to hold off a little bit. they were backtracking a bit and you have to wonder why. what data are they looking at that says they're concerned about a slowdown in the future? they're concerned about the tax cuts, perhaps leading to rising deficits in this country, rising debt in this country. >> we know the main driver. >> but tax cuts had a piece of it. neil: do we know about it way, the broad parameters of the jobs news when they were talking a couple days ago? >> they could v you would have thought that would led them not to say anything, right? neil: right, right. >> this is a robust economy and the fed had every sort of right to come down, look we'll keep on the table, three rate cuts, three rate increases, two rate increases next year but they didn't do that. they signaled the to market they will hold back a bit. maybe they see the trade negotiations with china not working to the economic advantage of the u.s. maybe they see something else out there they're concerned about.

>> whatever they see the big picture kind of theme what we're seeing today and in the data recently kind of adjusts our time frame for everything. i don't think it necessarily change the what, but changes when, for example, end of last year, everybody was talking about when the economy would slow down. it was early 2019 story, late 2019, sometime in 2020. whatever your view is being pushed back a little bit, which affects our day-to-day light, point nan makes a few minutes ago, affects politics heading into 2020. neil: do that point, forget about the whatted fed might think or rethink, to john's point it might have had this factored in, again the markets are going to think, it is not evident so far, you risk getting behind the curve here. >> i think it is not evident today anyone you talk to, thinks if the federal reserve will make the pivot to raising rates again will not do that tomorrow, not next week, probably not going to

next month. but -- neil: markets don't expect any move next year. >> exactly. say for argument sake bought themselves six months, not bought themselves, almost painted themselves back into a corner because the criticism of the federal reserve was, they were in the president's pocket or whatever the case may be, they were kind of following what he was doing. now, what are you going to say if you're jerome powell, i'm patient? two days later this report comes out, i lost all my patience? you can't do it now. market says we bought ourselves time. neil: what is startling about the report, nan, it occurred in the shutdown month. >> yes. neil: so much of the government was shut down throughout the month and we had robust growth. i'm wonderings, given on going talks two weeks we could face this all over again, then what? >> we know that shutting down the federal government does cause jitters. i don't think it redowns

political benefit of either side to -- neil: do you think it is going to happen again? or do you think the president declares an emergency? >> i think the president would declare a state of emergency before he would pursue a shutdown. and at that point, with another caravan approaching with the enormous fentanyl bust they just had, president would have justification, look, we have a crisis i'm compelled to the address. democrats won't do it. neil: but he will be doing that for the state. union on tuesday, right, with nancy pelosi right behind him, making faces, right? >> yes. you just summed it up. that is exactly what is going to happen. connell is right. neil: connell does that to me. >> use the same joke. >> i think the markets may be cottoning on to this notion that some time has been bought. with the fed, but also perhaps in these negotiations with china which is also thrown the market off. neil: right. >> not a lot of progress is being made. china is coming back to the table saying we want to buy our

way out of this problem. we want to buy couple more soybeans from you, a little bit more lng. back off, back off what the demands really are, change the way we do business. we can't steal your -- neil: who needs it more, john, i always go back and forth with you, who needs a deal more? i always used to think china needs a deal more. we could use it too, right? >> u.s. needs it from the standpoint to have a degree of primacy in business around the world. china, china will not want to relent to the u.s. demands on a structural change. you can't steal tech anymore. you can't demand it be transferred. can't subsidize the state-owned enterprises to compete against the private companies which is unfair. china will not do that, because it can't. it is so reliant on the economic model. it is 10, 20, 30 year proposition for changing that. the market is metabolizing this notion, some kind of deal, phase saving, pageantry around it,

meetings. china will say we'll buy a lot more of this around that. continue talks. neil: they meet again, the two leaders at end of february, right? >> lighthizer and company are going over there early. at some point -- neil: this is after the president meets with kim jong-un of north korea and then -- >> still the thinking after the kim jong-un meeting he would meet with xi xinping. that hasn't been confirmed yet. trump said yesterday he was open to it. neil: firm and concluded, no, until at least then. >> what would really shock the markets now, if president trump went from 10 to 25% on tariff rates. kind of the worst-case scenario. neil: they take effect march 1. >> he keeps saying he would do it. in people's minds, investors minds right now, the thinking is, at the worst because of how things are progressing that will be pushed out. to the point about time frame, if they don't have a deal in place, at the very least they agree to extension of the deadline. reading between the lines. neil: in other words delay tariffs effect on $200 billion

worth of chinese good, right? >> tariffs hurt china but they hurt us. but that is the problem. neil: we add this a lot, governments don't pay tariffs. we do. >> exactly. neil: we feel that the chinese people feel that. >> exactly. the only way tariffs can be used successfully as a strategic stool. to connell's point and john's -- neil: you're a free trader. you were in congress, did you ever go for this nonsense? >> didn't have to either. neil: what do you think the president's approach to fight fire with fire? >> i understand why he is doing it. he has been tougher on china. neil: that is not what i asked. do you think that approach is wise? >> i think it could be having an effect it, could be wise. the wisest thing he is doing, what i give him enormous credit for, neil, he is growing our economy. that is the biggest leverage we have. neil: fair argument. >> with tax cuts and deregulation. neil: that is very politic answer. like as a doctor, you would tell me, neil, you could afford to lose some weight. it is just an idea.

>> it's a thought and concept. i agree, tariffs, i think we should reject as much as possible. neil: would it be a kicker if it works? if this approach works? >> whether or not you feel tariffs are the right way to go, this business community, the u.s. business community is finally around a tougher line with china, they realize what has been going up till now is not working. neil: absolutely. that is not a right or left view. that is i've been getting really hosed view. stuart: that is not just business. it is our allies in europe and other nations -- neil: excellent point. germans, italians, saying go trump go, without publicly saying go trump go. >> whether president will blink. whether the president will blink. whether it sticks with this. keeps 10% tariffs on maybe rachets them up to 25%. neil: you think the failure president has, don't mean to disparage him on the shutdown,

given the chinese he blinks, we can get them to cave, maybe? >> yes, possibly. also come to china, where we will strike the bigger dial. meet with xi xinping on our turf. we know you will understand the pressure that xi xinping has to come out of this with something, saving some face. there will be danger, danger, who knows what will happen, the danger there will be this pageantry, they will buy a few more things from us. there will be a delay of -- negotiations, we're in deep, great, conversation about structural change that will go on for the next decade as it has for the last. >> president is hearing from his own, i'm sorry, the president is hearing from his own people, at least what i read from the lighthizer comments in the oval office yesterday we watched on that, he kept saying, back, lighthizer to enforcement at one point he literally said enforcement, enforcement, enforcement. i thought his own audience was his own boss. if we have a deal with these

guys, to john's point, by 1st of march it has to be one we can enforce. not that they will buy a bunch of soybeans and back out any commitment on i.p. theft at some point. we have to have enforcement mechanism. that is the guy pushing it. hikely scenario if you're betting on scenarios, extension they don't go from 10 to 25%, but getting to a final deal will take longer time. neil: longer than we think. >> north korean dynamic has to enter into this as well. we need china for north korea. that gives some leverage too. neil: they have more leverage than we think. i want to thank you very, very much. white house camera crews are allowed in for what they call the proverbial pool spray. the president making comments about drug trafficking along the border here. fears of another government shutdown, what we do at the border will come up in those discussions. by now you're familiar with the drill. camera crews go in.

i don't know why we can't get a live feed with these things, but that is what happens. they come out and the tape is played. when it is played, well, we're there. more after this. alerts -- wouldn't you like one from the market when it might be time to buy or sell? with fidelity's real-time analytics, you'll get clear, actionable alerts about potential investment opportunities in real time. fidelity. open an account today. fidelity. i am not for just treating my symptoms... (ah-choo) i am for shortening colds when i'm sick. with zicam. zicam is completely different. unlike most other cold medicines... ...zicam is clinically proven to shorten colds. i am a zifan for zicam. oral or nasal.

and the army taught me a lot about commitment. which i apply to my life and my work.

at comcast we're commited to delivering the best experience possible, by being on time everytime. and if we are ever late, we'll give you a automatic twenty dollar credit. my name is antonio and i'm a technician at comcast. we're working to make things simple, easy and awesome. neil: all right. are we in the middle of a big

ol' bad tech war here and a tech cold war at that where everyone is fair game? hillary vaughn with the details. reporter: hey, neil, apple is cracking down on fellow tech companies, google, facebook, kicking apps off-line for abusing user privacy in different ways but apple is facing its own major privacy breach. apple saying sorry for facetime bug for someone to hear and saying what you were doing before picking up phone. apple says they figured out a fix, they're rolling it out later this week. they disabled the group facetime feature retroactively after news of the bug went viral. they're thanking the thompson family or thing the bulge, even though it took the media reporting issue for apple to pay attention to the report, saying in a statement, we want to assure our customers as soon our engineering team became aware of details necessary to reproduce the bulge, they quickly disabled group facetime, began to make a

fix. we will escalate the reports to get them to the right people as fast as possible. as apple faces backlash for the bug they're caught in the middle of facebook's controversy over an app paid people for essentially unlimited access to what essentially they do on everything on their device. the apple kicked the app off the app store and canceled their enterprise certification. just days later, facebook says apple gave the enterprise certification back to them. apple kicked several internal google corporate apps off-line because they were using a platform that is designed to build internal company apps, to build an app that consumers would use. they said that violates their data policy the temporary freeze caused major disruption in the company. they shut down appses that control things like food and shuttle services for googlers. neil? neil: no matter what you think of the private issue, whether it

is only problem apple can address and police some of its competitors, the fact of the matter it is not apparently a huge worry to investors. take a look at facebook which had record earnings in the latest quarter. the stock is hooking north since. what does it mean? is it reflection of the users don't like privacy invasions, by and large they're getting used to them and dealing with them? tech analyst john meyer. what do you think of all this. >> great to see you again, neil. what i think is that wall street is seeing realities of facebook's revenue and it's growing. because facebook still has even with the privacy concerns, the most compelling advertising product that has ever existed. and so there is really no alternative to small businesses, to large businesses, who want to reach customers and grow their businesses. there is really still no alternative, that is as powerful as facebook. and, so, right now, i think that

ultimately what could change some of facebook's clear, not so great behavior, disregard for user privacy ultimately will come down to three options t will either be internal facebook employees taking a stand against this, it will be the government regulating facebook. and or, it will be people like me continuing to come on the air talking about how this impacts negatively american people. because the fact is, most average americans don't realize just how far facebook's disregard for user privacy has gone, especially this past week. neil: but they seem to love the convenience and just ease of use of facebook more? >> that's true and again it is another issue. and i think, hopefully in the next few years there will be some realistic competition to facebook. you know, i really hope that we can in the tech community work together to pressure facebook

with competition, with more vocal conversations about this. because, you know, the fact is, you know, what happened this week with facebook is that they essentially duped 13 to 35-year-olds into installing a pies of code on their phone that gives them access, gives facebook access to literally everything they do on the internet, as if, imagine you are at your home or at your work, that is if as you someone over your shoulder staring at you on everything you're doing with your screen or photo. neil: they said they weren't doing that later on they clarified that but they misrepresented themselves. >> correct. reality, is, when facebook announces any new product, any new feature, they publicly announce it. there are support pages that detail any new thing facebook is doing. the reality this has been going on for years. it has been completely secret. there has been no reporting on

it until this week. no support pages on facebook's site. in fact facebook for the people that they, again in my opinion duped into installing this piece of code on their phone, it has been reported by techcrunch, the same publication that, you know, did the investigative piece this week, it has been now reported by them facebook has threatened legal action against these participants if they became vocal about their participation in this, again, secret program to have access to all data on your phone and, and give facebook the ability to see it and do whatever they want, based on that. neil: john meyer, good catching up with you, my friend, thank you very much. >> likewise. thank you. neil: you already know about the polar vortex. what you might know is the economic fallout from it after this. the fact is, americans move more than anyone else in the world. on average, we'll live in eleven homes.

and every time we move, things change. apartments become houses, cars become mini vans. as we upgrade and downsize, an allstate agent will do the same for our protection. now that you know the truth, are you in good hands? what would it look like [if we listened more?] could the right voice - the right set of words - bring us all just a little closer, get us to open up, even push us further? it could, if we took the time to listen.

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neil: 21 reported dead because of extreme cold. fox news mike tobin is in chicago. mike. >> common visual all around the midwest. pipes are bursting all over the place. this is a water main that burst on the north side of chicago on irving park road. they are out here in the cold, earning paychecks hard way, keeping water flowing. plumber is busy around town. pipe burst at o'hare airport. pipe burst at union station. what happens, ice forms in the pipe, expands, breaks the pipe, warming up a little bit, water shoots all over the place. also very busy are emergency dispatchers. the emergency dispatchers are working 24 hour shifts, maximum capacity, most of the calls are

vehicles in distress. also calls for residences without heat. >> with severity of that weather if they have no heat, that, moves up to a priority one. reporter: now that it is warmed up to 13 degrees, we're seeing that the salt is working on the roads. so all of the roads look like they're wet right now because, a sheet of ice is starting to melt. that means the roads are little bit safer. your car will be a little bit dirtier. 52 hours below zero, what we had in chicago. it is not even a record. rockford illinois, moline, illinois, did set records dropping down to negative 30. the previous record was negative 27. neil? neil: just incredible. mike, thank you very, very much. mike tobin. you got latest news on economy and the shutdown and fears it would be iffy number. anything but. kristina partsinevelos digging through the numbers. kristina. >> anything but you're seeing

major indices across the board up higher on economic data. the jobs report as well as ism manufacturing report. let's dig into the jobs report, for the month of january, we know jobs climbed up to 304,000 added jobs for that month. we're seeing strength. that is way higher than what a lot of economists were thinking. they also did revision for november and december. there were 70,000 fewer jobs. even if you take that into account, you're still seeing strength across a three-month period. lots of strength in the jobs report. the wages climbed 3.2% year-over-year. spoke to one trader, the 3% threshold was important to go beyond it. seeing strength there. hourly wages climbing higher. labor participation rate, up ever so slightly. that is seen as positive, especially as baby boomers are retiring. it is showing new talent entering into the market. moving on to other data. i will not bog everybody down with too many numbers but you have the ism manufacturing index

for january, came in at 56.6%. that was a rebound. high start for new year of 2019. what does that number mean? any number higher than 50%, shows companies looking to expand rather than shrink. any number seen above 55 is seen as really, really good. those are strong numbers. commerce department released numbers for construction spending. it climbed to 0.8% in november. that is latest number we received so positive number there. i want to just end, neil, on consumer sentiment. the university of michigan puts out the survey. the we saw the numbers, you can look at it two-ways, positive and negative. it came in higher than expected but fell to a two-year low, 91.2 versus much higher number 98.3 in december. some of it has to do with the partial shutdown. some about concerns of a slowdown in the economy. nonetheless, saw jobs report, no slowdown, adding jobs, 100

months in a row. back to you. neil: thank you, kristina, thank you very much. that's why we're up. dow up 88 points. off the highs, still impressive. that is the what the folks at moody's original thought. it is still early and change but residual effects after shut down could be felt, especially if we have a follow-up shut down. to moody's chief economist, mark zandi, what do you think? you were looking for bigger impact than that, right? >> no, i was. it is a good number. we were looking for job number of 200-k. we put adp numbers together. that showed 213,000. that was strong but 300-k is strong. no ostensible effect of the shutdown on the real economy. neil: are there anything, fear about delayed effects? workers come back, you will see it in other numbers, retail, and consumer activity, manufacturing activity, that just hasn't evidenced itself is yet in these reports. that it has a delay report?

>> it hit sentiment. consumer sentiment numbers. business sentiment. i do think if the shut down went on much longer, sentiment is undermined to the point we would see more broader effect on the job market. business would pull back. here is the other thing, neil, if we see it anywhere, it will be in business investment. because the labor market is so tight, business's number one problem is finding workers, holding on to workers. the last thing they will pull back on, is their hiring. first thing they pull back on, if they're nervous is their invests. we'll have to wait and see what the investment numbers look like neil: we were mentioning at outset, this is 100 months of job gains covering two administrations, just a sheer number, 100 mons -- months in gains, not all consistent but gains nevertheless is getting

long in the tooth. what worries you? bullish economies don't die of their own accord, other factors come into play but what do you worry about? >> well, look, businesses are saying i can't find works earns. we have a record number of open job positions which is a high-class problem but at some point businesses just are not going to find people they need and job growth will slow. i mean the underlying growth rate in the labor force, number of people coming in looking for work is closer to 100,000 per month. we'll, a year from now, if something doesn't change, we'll be closer to 100 k than 200-k. unemployment will likely go lower, and at some point that puts pressure on inflation and interest rates. once unemployment starts to rise even from a low level. something could go wrong. this is great news and good news but i don't think it is sustainable for very long.

neil: talk about the next fear, in the two weeks they don't cobble together that is this conference committee and president, some sort of a deal acceptable to both sides, we could be revisiting this. do you think that is the case, that where the president declares an emergency and that will at least prevent another government shutdown, whether people buy that, kind of middle ground or not? >> yeah, just as long as they don't shut the government down. if the lawmakers shut the government down, that would completely undermine confident. in this shutdown, this last shutdown, i think everyone thought, okay there will be a lot of brinksmanship but at the end of the day, they will agree, before it does real damage to the economy, it will reopen the government. more or less that is what happened. if few more days or weeks they shut the government down again, that will undermine people's views of this, i think undermine confidence, we will start to see it show up in the employment data, everything else, economy bill suffer. no matter what happens here, it

is vitally key, president and congress come together, do not shut the government down again. neil: moody's hasn't done this, fitch investment folks are, i know this is not your purview, you're not in charge of ratings and all that, one. reasons why fitch was looking at our aaa rating, back and forth silliness of this and the instability it creates for the world and the appearance of that. do you think we deserve a aaa rating? >> well, it is a fair question. clearly dysfunction in washington, you know, creates questions around our ability to do the things that are necessary to maintain a aaa rating. by the way, not just shutdowns. the next big thing coming up is the treasury debt limit. you may remember that. that was suspended. now that will be reinstated on march 1st. treasury has some cash they can use, at some point they will run out of cash. president trump and congress has to sign a piece of legislation

raising debt limit. if they can't get that done, that would be more cat chrisic to the economy and financial system. that is reasonable question. i don't do that for a living. i'm not in a ratings agency. i don't attach ratings but i do think it's a fair thing to ask if we can't address these, this dysfunction, and we continue down this path, whether aaa makes sense. neil: good catching up with you. mark zandi, moody's chief economist. everyone is telling me apparently there is a football game this weekend but in the middle of that there is some controversy over that as well. after this. metastatic breast cancer is relentless, but i'm relentless too. mbc doesn't take a day off, and neither will i. i treat my mbc with everyday verzenio, the only one of its kind that can be taken every day. verzenio is the only cdk4 &

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neil: all right. cameras are still in the white house. president is still looking at possible national emergency or declaring one because impasse between democrats and republicans on conference

committee. the president wants $5.7 billion for a wall, you know. democrats resisting any amount of money for the wall. we will keep you posted. keeping posted on apparently a big game this weekend. it is happening in atlanta. there is controversy about the halftime show. i think we're talking football. cheryl casone is here along with john tatum. hey, guys. >> hey, neil. yeah, john is right here with me. neil says hello. you know what, john? neil mentioned there's a lot of controversy here in particular with halftime show, getting a performer to do the halftime show. we have maroon 5 set. do you think this will be success or for the game? >> absolutely. you saw the show last night. >> i wasn't going to say that on live television, last night. we saw the show last night. >> neil, cheryl has a lot of powerful friends at pepsico. she got preview of the halftime show. maroon 5 will do an amazing job.

it will be a tremendous super bowl. corporate america is battling it out down here in atlanta? >> that is what i'm talking about. this is my sixth super bowl, with you as well, i can't believe the money companies are dropping this year on the super bowl. seems to me the controversy really clouded super bowl, john, isn't really prevalent this year? >> no, not unless you're in new orleans. with the exception of new orleans, the super bowl is definitely back. they have had two years of down ratings and you know, the '16, '17 seasons. ratings were up this year. you have a lot of corporate headquarters here in atlanta. i think there is a beverage company here not an nfl sponsor. >> i heard a little company called coca-cola in town somewhere. >> but official partner of the nfl, pepsico is in town full force. anheuser-busch. budweiser has taken over the

city. they have tremendous out of home. they have almost six minutes in the game, in terms of commercials. so there is a huge -- fedex is an nfl sponsor,-ups is headquartered in atlanta. definitely resurgence of corporate america in the super bowl. >> one small controversy, chik-fil-a who has a store inside of mercedes-benz stadium decided not to open on super bowl sunday. they will get a lot of flak for making that choice. >> i had the pleasure of meeting dan cathay, of the cathay family last night at arthur blank's party. before that i had a meeting at chik-fil-a's headquarters. one thing i will say about chik-fil-a they may be the most principled brand or corporation that i have ever been around. when you walk in and out of chik-fil-a's headquarters, there is a plaque that has a quote and an inscription from truet

cathay. one thing you can't say about chik-fil-a that they are not authentic and ethical. they close on sunday. because it's a church day. unfortunately people won't get to enjoy chik-fil-a at the stadium. they sell a lot of sandwiches six day as week. >> talk about goodell, roger good gel, commissioner of the nfl. two days ago he addressed what you mentioned at the top of this interview, addressed call it the blown call, the saints fans. we make mistakes, referees, make mistakes. do you think this will reverberate into next season in the nfl? >> is going to create an opportunity for the nfl. the owners meetings are coming up in march. i know he a lot of folks on the competition committee. steven jones, and sean peyton is on the competition committee. so i assure you that they will fix it. and they will come up with a new process, whether adding referees for playoff games, whether it is

having a process whereby they can make a phone call from new york. but, listen, things happen. mistakes happen. maybe the both referees happened to sneeze, maybe they blinked at that moment. >> maybe they need ad coffee break, john tatum. i don't know. that was the story. thank you so much for being here. >> absolutely. i hope neil will come down. neil, you and gasparino, we'll be in south beach in miami next year. we'll save you spots on the yacht. >> super bowl, neil the sign up. neil: amazing. have fun, thank you both, very, very much. forget about who is fighting in the stadium. "spartacus" has entered the coliseum. cory booker is running for the white house. into opportunities.

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neil: cory booker, the latest, without doing anything goofy, pretty entryinging video to announce he is the latest entrant in the democratic sweepstakes, take on donald trump for president of the united states. gop fund-raiser noelle nikpour and our own charlie gasparino. i don't know how you handicap this early, noelle who are republicans generally most

concerned about of the candidates already in? >> for the democratic party i think that they might fear somebody more like a biden, who has not jumped in, but out of the four, we just had cory booker. he pretty much is liberal candidate number four. i mean, the rest of them warren, you know, castro, you've got harris, these candidates are all towards the liberal side of the spectrum when it comes to the democrats, but this tells me that i'm wondering now, if the narrative for the democrats is going to be on policy, spectacled with a lot of socialism? because this, this is probably a scary time if you're a moderate democrat, if you're a joe biden democrat or if you're a clinton democrat, this is a scary time because your party is going to be filled mainly with

far-left-wing and that's not where, a lot of democrats necessarily want to go. neil: you know, charlie, i was talking to a pundit who was an old student of some races like in 1972, when richard nixon was up for re-election, the democrats, or the republicans, most feared if ed muskie would be nominee. he fell apart in new hampshire. >> people feel nixon set him up. neil: right. mcgovern, far left candidate emerges nominee and nixon trounces him. are democrats making potentially the same mistake? >> i don't think so. i remember the democratic candidate, i guess, we were coming out of johnson years, democratic party was tarred with the vietnam war. republicans had a better shot anyway. neil: absolutely. nixon in 7 getting reelected was

much more popular. economy was booming. >> when i talk to corporate people, they really believe this they worry you have this fractured field, everybody gets 10% and elizabeth warren comes out and gets 11% and wins. neil: why elizabeth warren? >> someone very left. they think she has a lot of juice. they think, she's tough. neil: more than kamala harris,. >> someone like that, very liberal, appealing much to the base, inches out of victory, because beat trump, because trump's approval ratings are so horrible in a face-to-face, she can actually get in there, a socialist or a like a far lefty like that. that is why they are so apoplectic, i've been reporting this out about howard schultz's third party run, they think they will beat trump. they think he can't win in a lot of states. neil: someone like schultz would divide the vote? >> would take the vote away.

why they're going after him. what is interesting about him, he is out feeling heat and from what i understand, i have a whole story on this on foxbusiness.com dealing with the schultz people, he is really freaking out. he doesn't know, you know, when you talk to their people now, they say he is undeterred, undeterred studying to get in. when you talk to the people now there is a lot more hedge than when he was going to run a week ago. neil: how closely do you look at small denominations, funding, that candidates get? cory booker, i'm told, i don't know how true this is, has a lot of financial support, among small donors and the rest, that is getting people's attention. the same was said of kamala harris. i don't know how much that is accurate, but you bundle this stuff, how much do they pay attention to that kind of stuff? >> well, you know, you have to look at that, because, obama kind of started the trend with the small donor and you have to pay attention to that. that to me as fund-raiser tells

me more of a momentum. you've got a movement going with some of the small donors. neil: who has that among democrats that you see thus far? i know it is early. >> no one. back to charlie's point, let me tell you who is sitting in a sweet spot. howard schultz is sitting in a sweet spot, we'll tell you why. if we keep on pelosi, trump, right, left, at it all the time, nothing is going to be getting done, you have got howard schultz sitting there right in the middle of the sweet spot. >> that doesn't mean -- >> he can pull from the good and bad. what are you talking about? >> he will not win as independent he will not win. independents never win. >> we all said trump was not going to be elected president. neil: very different with schultz as independent, right. >> that is different. neil: different mix to be running as democratic nominee. there are a lot of people that don't fit into the box. trump republican and or a -- >> nicole, noelle, you're praying for howard schultz to

run. i know it. he is not going to win. third party candidates do not win. you and whole republican base -- >> they are changing. >> i know tell him that. >> more people are independent, charlie. more people are still independent. >> they don't vote independent. >> really? neil: you know the republican party was an outside party before abraham lincoln. >> in 1840. neil: i covered that race. >> i was going to say. >> i love noelle, this is republican party talking point. >> no it is not. no. neil: careful what you dismiss. >> i'm not dismissing it. neil: yes you are, you just waved me off. did one of these. >> i love all the fact all these republicans are saying -- >> charlie? >> not speaking at republican. she is speaking as a rich republican. >> republican that races money for republicans,. >> no, some of my donors actually said they would look getting behind him. >> of course.

they want him to run so they can beat the democrats. >> they don't even want trump. oh. neil: what we do know, starbucks organization is so furious with charlie, his picture is up in all the stores, this guy comes in -- >> i about the way, i told them you were the best customer. they still yelled at me. neil: really? dow up 100 points. jobs report is certainly helping. other factors here as well. maybe away to avoid a government shutdown, president go ahead and do what he always wanted to do, declare an emergency. we might get that signal coming out of the white house today, after this. what's the hesitation? eh, it just feels too complicated, you know? well sure, at first, but jj can help you with that. jj, will you break it down for this gentleman? hey, ian. you know, at td ameritrade, we can walk you through your options trades step by step until you're comfortable. i could be up for that. that's taking options trading from wall st. to main st. hey guys, wanna play some pool?

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neil: all right. we're just about a minute or two away from hearing the president of the united states at the white house, where he is telling folks that he will probably have to declare a national emergency to build that u.s. border wall because he doesn't see much progress being made right now in that conference committee to avoid one in two weeks. we've got deirdre bolton here and matt groh. is it your sense that at all costs, both parties want to avoid a shutdown? >> i think after how long this one dragged out, that it just becomes politically unfeasible for anyone. people are not getting their paychecks. it only affected a quarter of the government because that's how much was --

neil: [ inaudible ]. >> no, but you see it in the numbers. the underemployment rate jumped by half a point. maybe that was people part-time employed or affected by the shutdown but my sense is it went on for awhile. people were losing two paychecks at the end so probably everyone wants to avoid this. i hope they do. >> i think for political reasons as well. we have had more and more democratic candidates throw his/her hats into the ring for 2020 and more and more really leftist voices, right? neil: the president is addressing this. >> 20 years ago, 10 years ago, 5 years ago, it's a disgrace. it's a disgrace. now you have problems even with i understand yesterday even people from venezuela want to come through. everybody wants to come through. part of it is the success of our country but we're going to keep our country successful and we want people to come in. so important to say. we need people.

we have a lot of companies moving in, a lot of companies are moving back into the united states that never thought they would be moving back and we need people. you see that with the jobs numbers. we really need people. but it has to be through a legal process and a process but we do want people coming into our country. they have to come in legally. i just want to thank everybody for being here. the job you do is incredible. few people do what you do and we want to try and make it easier for you or another way you could handle more of the incredible work. no matter what we do, it's not going to stop but we can reduce it incredibly by tremendous numbers. so i just want to thank everybody for being here and we're very proud of you. very proud of the job you do. thank you very much. madam secretary, thank you very much.

reporter: [ inaudible ]. >> we're building the wall now. we're building now. people don't understand that. we're spending a lot of money that we have on hand. it's like a business, but we have money on hand and we're building, i would say we will have 115 miles of wall, maybe a little bit more than that, very shortly. it's being built. some of it's already been completed. in san diego, if you look,'s the been completed. it's really beautiful. brand new. we have other wall that's under construction. we are giving out a lot of contracts so we're building the wall. it's getting built one way or the other. [ inaudible question ] >> we are doing things right now. we're building it with funds that are on hand, we're negotiating very tough prices. we've designed a much better looking wall that is also actually a better wall which is an interesting combination. it's far more beautiful and it's better, it's much more protective but it looks better because the walls they used to build were not very attractive. i actually think that's possibly

part of the problem. but the real problem is we need something, we have to have a very strong barrier but we're building a lot of wall right now as we speak, and we're renovating a lot of wall. and we're getting ready to give out some very big contracts with money that we have on hand and money that comes in. but we will be looking at a national emergency because i don't think anything's going to happen. i think the democrats don't want border security and when i hear them talking about the fact that walls are immoral and walls don't work, they know they work. i watched somebody being interviewed the other day by a very good anchor, and the anchor actually was getting angrier and angrier as they tried to explain how a wall doesn't really have that much of an impact and yet thousands of people are on one side of the wall and nobody's on the other side of the wall. it was actually laughable and really horrible in the same breath. so that's the way it is. you know, if you look at el paso, if you look at certain places, but el paso was one of

the most dangerous cities in the whole country. once the wall was completed it became one of the safest, immediately. it wasn't like it took five years. some of you know this. immediately it became one of the safest cities in the whole country. so we're building the wall. a lot of it is, the chant now should be finish the wall as opposed to build the wall because we're building a lot of wall, and i started this six months ago. we really started going to town because i could see we were getting nowhere with the democrats. we aren't getting anywhere with them. it's going to be part of their campaign but i don't think it's good politically and i think nancy pelosi should be ashamed of herself because she's hurting a lot of people. i think the democrats should be ashamed of themselves. now, in all fairness to the democrats, many of them want the wall. i see it. they're just dying to say what they want to say. but they can't say it as well as they would be able to if they were allowed to do it. yes. reporter: sir, are you saying now you believe that on february 15th, the only option you will

have left is either close down the government or declare an emergency because you don't have any faith this committee will come up with an answer and if you do declare an emergency, are you concerned that you will almost be immediately be enjoined by some court? >> we have very, very strong legal standing. it would be very hard to do that. but they tend to go to the ninth circuit and when they go to the ninth circuit, things happen. for instance, the ban, missed, missed and was approved in the united states supreme court where we have had a very good record. they go to the ninth circuit in many cases and in fact, in most cases, has nothing to do with the ninth circuit. it's a shame. what they do. so let's see what happens. i can only tell you this, john. we are very, very strong legal standing to win. we are doing it regardless. i mean, we don't have -- we haven't declared the national emergency yet, yet we're building a lot of wall. we are continuing to build a lot

of wall with, as we were saying, business cash on hand. we are negotiating tough prices. we have a great system, a great wall system. it's very uniform. they used to have all these different systems, nobody knew what was going on. we have a very good solid system that looks good and is very powerful. reporter: you expect to declare a national emergency -- >> i don't want to say. you will hear the state of the union, then you will see what happens right after the state of the union. okay? reporter: are you going to wait until february 15th to do this? >> yeah, we're building now. the one thing i'm trying to stress to people, and i wasn't before because before, it meant less, but when i see the obstruction, when i see the tremendous obstruction by democrats, knowing that the only saving of our southern border, i mean, you look at these towns before the wall, they were crime-ridden and now the wall gets built, we put up a wall in a certain area and all of a sudden it went from being a horrible hellhole into something that's really safe.

they can't even believe it. the mayors can't even believe it. if you ever took some of the walls down in california, for instance, one story in san diego, they were begging us to build the wall. i mean, they were putting pressure on us, that area of san diego where people were rampant going to and you would have a lot of security, but the security can only do so much. when as an example, when you have these caravans that are going to be hitting, we have done a great job with the caravans, an incredible job, and most of them have gone back or they're staying on the other side of the wall. they haven't been coming in for the most part. but we have done a great job. we don't have the ammunition because we don't have the barrier. but it's been really amazing to see the difference when you have it and when you don't. it's incredible to see the difference of an area on the other side of a barrier. so the old expression, walls work, whether you like it or not. in israel they have a wall and it was 99 -- it is 99.9% successful. and ours are, too.

when we have it. we are going to be starting in a certain -- we have a few of them, a few areas that we're starting where they catch up. once you have the holes in the middle, it's like water, they just spread in. but you have to have it. so when you talk about the committee, i can tell you the republicans want to have a wall but the democrats are told that you can't do that. they are doing a tremendous disservice, the democrats are doing a tremendous disservice to our country. you heard today about human trafficking. human trafficking can go down by a tremendous percentage if we had a wall on our southern border. tremendous. because it's very hard to do human trafficking through ports of entry because you have people standing there looking and they say hey, what's going on in the back seat, what's going on in the trunk. they check these things. so you come into areas where you don't have the barriers and we're not going to let that happen so we're building a lot of it. we will be up to about 115 miles

of wall, some renovated, some new, and we are going to make a big step in the next week or so prior to my doing anything, but actually having a national emergency does help the process. it would certainly help the process. what would help a lot would be if the democrats could actually be honest and they're not being honest. everybody knows they're not being honest. they know they're not being honest. i would like to hear what they talk about in their rooms when they go back. tell you what, a lot of pressure is being put on by democrats, being put on their leadership. tremendous pressure is being put on, because they can not justify not having a barrier between our country and mexico. mexico just came out yesterday, numbers were just released, 38,000 people were murdered in mexico, up like an incredible amount, 30% or something. 38,000 people were murdered in

mexico. it's one of the most unfortunately unsafe countries in the world. we need a protective barrier for our country. and that doesn't include hondur honduras, who we are not happy with and we're looking very seriously at taking away all funding and same thing for guatemala and the same thing for el salvador. it's a disgrace what's going on in those countries. for years and years, the united states has paid them hundreds of millions of dollars and they do nothing for us. when a caravan starts in the middle of honduras, obviously they're allowing it to start. and they want it to start because they want to not have certain people in their country so what do they do? they put them in the caravan. we have had tremendous numbers of criminals that we've caught in the caravans before they get here. so the committee, i know the

republicans want to do something and i'm not saying it because i'm a republican. i'm saying the democrats are instructed don't do a wall and they're always doing that. you hear about human trafficking, drugs, gangs, crime. they are only doing it for one very simple reason. it's one simple reason. couldn't be simpler. because they think it's good politics for 2020. because they say maybe we can beat trump because this is a big issue, not that a lot of other issues, i've done military where our military's in great shape now, it's strong and ready. it was totally depleted when i got here. regulation cuts, tax cuts. i mean, we've done more than any other president has ever done in the first two years of his presidency but the wall is a big factor and they want to use the wall for politics. it's not going to work because we're building the wall and it's under construction. yes. reporter: have you privately decided whether or not you will declare a national emergency -- >> have i privately? you mean what's in my mind? certainly thinking about it.

reporter: you're thinking -- >> i think there's a good chance that we'll have to do that. but we will at the same time be building regardless, we're building a wall and we're building a lot of wall. i could do it a lot faster the other way. reporter: are you saying we should be prepared for you to announce at the state of the union what you are going to do? >> i'm saying listen closely to the state of the union. i think you will find it very exciting. reporter: are you willing to commit the u.s. military if necessary -- >> i don't want to say that but it's always an option. everything's an option. i take no options off the table. okay? thank you. reporter: are you thinking of adding on a meeting with xi jinping on the back end -- >> i'm thinking about it. yesterday we had an incredible meeting yesterday with the vice premier of china, a very power fl man, highly respected, very, very strong, very respected also by the president, president xi,

and we had an amazing meeting on trade. mostly on trade. actually, also on fentanyl. china has agreed to criminalize fentanyl. that's going to have a huge impact on fentanyl coming into the country. but there is a possibility we will meet somewhere, whether it's there, i'm over at a certain location, i will be over at a certain location as you know. that will be announced officially probably next week. it could happen. it could happen. [ inaudible question ] >> who does that remind me of? a certain senator, a certain senator that said he was a war hero when he wasn't. [ inaudible question ] >> we have a lot of money. that's why we're building it. don't forget we had a billion six approved, then another billion six approved. now in theory we have a billion three approved. we are renovating a lot of walls that were basically delap

delappidated. the wall is in such bad shape, we take it down and build a new wall in certain very important areas but we are doing a combination of renovation and the wall. we are doing a lot of it. reporter: do you need appropriation from congress or national emergency to build all the wall that's necessary? >> we are already appropriated. we have a lot of appropriation. it's already been done. certain other things we'll be doing that we haven't done yet. one of the things we're considering obviously is a national emergency and it is. it's an invasion of our country. not only people, not only gangs and criminals and human traffickers. it's an invasion of drugs into our country. 's t it's an invasion like you've never seen before. talk about heroin. 90% of the heroin coming into our country comes in through the southern border. we can stop so much of that. i'll tell you this. if we build a proper barrier with all of the technology which

only really works with the barrier, but if we build a proper barrier with great technology, too, we will see crime throughout the united states go down in percentages that we've never seen before. it will be an amazing thing. because so much of it comes through the southern border. reporter: mr. president, a followup. can you tell us one of the themes important to you in the state of the union speech? >> i think most of the themes you would know. economic development, success, no country has had the success that we've had over the last two years, and i will say this. if the other party got into office, instead of being up and having these phenomenal 304,000 jobs added and we had so many great months, and you know, it's been a little bit tricky because i'm in the middle of some very big trade deals which is disruptive before you make it but after you make it, those deals are much better than they were before. i don't even mean much better. i mean better like nobody's ever seen before. that includes a deal if we make

the deal with china. you are talking about it will be a different world for us. we lost $500 billion a year with china for many years. $500 billion. not million. $500 billion. we're not going to do that anymore. our relationship with china's extraordinary. my relationship with president xi is better, i guarantee, than any relationship of a president and a president. it's not even close. but it can't go on this way. we can't allow this to happen. if you notice yesterday and i think it was a big story, it should have been, china as a sign of good will has agreed to purchase a tremendous massive amount of soybeans and other agricultural products. our farmers this morning are very happy. i spoke to sonny perdue, secretary of agriculture. he called me this morning. our farmers are extremely happy. reporter: in texas, where you want to build 168 miles of wall, you can't build a wall right on the border.

you may slow down traffickers and drug runners, may slow down people who don't want to get caught. for all these tens of thousands of central american migrants who just want to touch foot on u.s. soil and wait for border patrol to pick them up, how does building the new wall solve that problem? >> we are going to solve the problem. we are also working on different things because there are so many loopholes. you're right, touch the land, all of a sudden it's a catch and release deal. they go into the country and in some cases, if they're criminals, they're released into our country. it's a ridiculous thing. it's a loophole. if you look at the visa lottery and all these other, chain migration, we have to fix all of it. it's very important. the wall is the most important thing by far but we have to fix the loopholes. you are 100% right. okay. say it again? reporter: you are risking a new arms race with russia. what's your answer? >> honestly, i don't think she

has a clue. i really don't. i don't think nancy has a clue. i see that when she says walls are immoral. she doesn't have, sdheent knhe know and i wish she did because she's hurting this country so badly. it's all rhetorical, not delivered well. she's hurting our country very badly with statements like that. thank you very much, everybody. go ahead. reporter: pulling out of the inf, is this as much about the threat in the western pacific from china, the emerging threat from china -- >> the reason is, first of all, you have to add countries, obviously, it's old. very importantly, one side has not been adhering to it. we have, but one side hasn't. so unless they are going to adhere, we shouldn't be the only one. i hope that we are able to get everybody in a very big and

beautiful room and do a new treaty that would be much better. because certainly i would like to see that. but you have to have everybody adhere to it. and you have a certain side that almost pretends it doesn't exist. pretty much pretends it doesn't exist. so unless we are going to have somebody we all agree to, we can't be put at the disadvantage of going by a treaty, limiting what we do, when somebody else doesn't go by that treaty. okay? thank you. thank you very much. neil: you have been watching the president of the united states. in case you had any doubt that the president is still going to push for that wall, i think they were clearly removed today that unless there's some miraculous consensus reached among conference committee participants, republicans and democrats, the fact of the matter is that he would likely declare an emergency. he has all but said as much, to get that wall going.

now, he referred to a lot of new wall building going on. it's actually repairing old walls and fences that have been badly deteriorated. no actual new new walls on new unplowed land, so to speak, have gone up. but the president saying he would go ahead and declare, his option would be to declare an emergency to make sure that could be completed. a lot of people say that would avoid a government shutdown. it would be appealed in courts, might go all the way to the supreme court, anyone's guess. blake burman at the white house on all of that. blake? reporter: we know president trump loves a good audience and he's giving us reason if there wasn't one already to tune into the state of the union address this upcoming tuesday because the president is suggesting that he will make some news on that front as it relates to potentially declaring a national emergency during the state of the union. the president in that pool spray there, he was asked questions after the end of a meeting involving human trafficking and addressing that issue, whether or not he is ready to declare a

national emergency come february 15th if some sort of border security package doesn't meet his standards or shortly after february 15th, and the president said quote, certainly thinking about it. i think there's a good chance we'll have to do that. he then went on to say you should listen closely to the state of the union, quote, i think you will find it very exciting. the president also, though, acknowledged the realities of what would most likely, more than likely happen after that, with that being legal challenges that would follow. the president says that he feels this would get appealed to the ninth circuit. that is a court that has not really sided with him or his policies and that is one of the challenges facing the president as to what he may or may not do come january 15th, but as we heard there, another reason to tune in tuesday night. neil: that is going to be a pay're view event. back with us. you are hearing this back and

forth, certain just the drama tuesday night is building, just the sight of nancy pelosi behind the president as he's championing a wall that she doesn't want. where is this all going to go? >> i mean, who knows. maybe it goes to the courts. you know, as -- neil: it would remove the possibility of a shutdown. >> yes. i think that is important. you know, shutdowns are kind of like hurricanes. they affect the economy over the short term but then when the government reopens, everything is sort of back to normal. neil: are you worried about another shutdown, if it gets to that? >> it can get disruptive. it's not only the government workers but it's also private contractors who are affected. you know, it slows down the release of economic data so it kind of makes everyone's life a little more complicated. obviously nobody wants to see a shutdown. but ultimately, you know, what i look at is the economy, i look at earnings, the fed valuation and you know, the economy's in good shape. shutdown or no shutdown.

and we saw that in the numbers today. the fed just a few days ago said basically we're on hold, i'm guessing probably for the next six months, if not for the entire cycle, so we can continue this mode where the economy grows without generating excessive inflation and the fed is, you know, basically near a neutral policy, what we would consider neutral, and the fed's sort of taking a wait and see approach. in that environment, and earnings season is under way, the numbers have been pretty good, so in that environment, it's a pretty good backdrop for the stock market and for the economy and ultimately that's what we care about, because we have millions of investors who are trying to save for retirement and that's what we are looking at. neil: it's interesting, too, that was a boffo employment report and it reflected a month in which every day the government was essentially shut down. >> manufacturing was strong, consumer sentiment was strong. there were so many parts, i

think every single metric with the exception of the one you flagged, the u-6 was actually stronger than anybody had anticipated. i think what's interesting, though, because we are already in a political run-up, presidential 2020 year, we have had more and more people highlight his or her candidacy and i think what it does change with all due respect, is these people who can't afford gas to get to their job so it may not actually move the needle economically, a shutdown. neil: or delaying. >> yeah, it changes the conversation. we do have more candidates who are coming out really hard left, right, and talking about some pretty extreme ideas and stheth seem to be gaining a lot of -- neil: one thing that came through loud and clear is the bloom is off the rose if ever there was one between the president and nancy pelosi, between the president and democrats. if this is a preview of coming attractions, getting anything done ahead of the presidential race, i don't know.

do investors generally say that's okay? >> if you look historically and i have done it going back several hundred years of political cycles, a gridlocked congress is actually not the worst thing in the world historically. of course, we had a lot of policy moves already enacted in the first two years and so even if we have gridlock now going forward for the remainder of the presidency, of the term, a lot of the tax cuts, corporate tax cuts, deregulation, a lot of that is already in place and we will continue to see throughout the economy. so i'm not that worried that it's going to slow the economy down. i'm much more worried about what the fed's doing, about earnings growth, obviously, trade very important as well. but it looks like we are going to have at least some sort of detente there in the coming weeks. so ultimately, i think that's the most important thing. neil: we shall see. two weeks, they have to cobble together something to avoid that

scenario. again, as we have been hearing, it looks as if the president is so predisposed to think that nothing is going to get done on this, that an emergency is declared, the government stays open, but very little else gets done. more after this. from the market when it might be time to buy or sell? with fidelity's real-time analytics, you'll get clear, actionable alerts about potential investment opportunities in real time. fidelity. open an account today. fidelity. because they let me to customize my insurance, and as a fitness junkie, i customize everything. like my bike and my calves. liberty mutual customizes your car insurance so you only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

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this is truecar. neil: all right. the president might have tipped his hand in later comments at the white house, something he intimated at yesterday when he was talking about his confidence about getting a deal scored with the chinese, that he liked to bounce it off the chinese president himself, xi jinping, and might get that opportunity after he meets with north korea's leader kim jong-un. the u.s. chamber of commerce executive vice president is here as well as raymond james policy analyst ed mills. ed, if such a meeting were to pass, forget about the north korea one right now, and the president tries to lock it down

with his counterpart in china, then what? >> yeah. i think the market views that as absolutely a great positive. one thing we have heard from the chinese side is that they believe that a deal can only occur if trump is involved. after that takes place, i would warn investors don't get too excited because then we move into the trust but verify stage. even after say we got a deal on nafta, that has not stopped the president from attacking mexico any time he wants, talking about border security, talking about caravans. so even if we lock in a deal with xi, we could be in that period where he doesn't think china's doing what they should be doing and we could have a new threat of tariffs at any time, any moment, any point in his presidency. neil: it is a very good point. myron, i want to pick up with you. that deal with mexico, that's not been ratified yet. it's a long way from becoming a done deal. what are some of the -- if the

president were to meet with xi jinping and there is still no deal finalized, does this have like a timeline on it for you that you would start getting nervous or your members would start getting nervous, because this has been dragging on and it's not done? >> neil, we are at the halftime of the super bowl. we still have a couple quarters to play here. even before the president of the united states gets together with president xi jinping, there's a lot of work to be done. both teams have to go back to the drawing board. there was progress this week in important areas like purchases, intellectual property enforcement. certainly there was a lot of good, positive vibes out of the discussions this week between vice premier liu he, ambassador lighthizer and steve mnuchin. neil: we have not got a deal yet. >> we don't have a deal. neil, we have a long way to go. there are major gaps in the structural area. still no real work being done in

dealing with forced technology transfers, in dealing with a range of industrial policies, for example, around subsidy practices. so before the two presidents meet, there's a lot of work that has to be done. i look at the two meetings, the meeting coming up probably in beijing between ambassador lighthizer and vice premier liu he as the third quarter into the fourth quarter and i look at the president's meeting as the thing you do with two minutes left when you have a few inches left. we have a lot of work to do. i do think the stakes are very high for both sides. clearly, the markets are nervous. we want a deal but we want a deal that is comprehensive, that expands access in sports but also in investments. we want to level the playing field. we have been very clear of our expectations from the business standpoint. neil: ed, any football, super bowl analogies you want to use? >> i think that the thing i

would look at is that this might be the first or second round of the playoffs. we haven't gotten to the super bowl and one of the things that i always remind investors is that even if we get a deal on tariff, we have already changed u.s. law in this country, that's going to make it harder for u.s. companies to export to china technology, harder for chinese companies to invest in the united states, and so there is a kind of focus on tariffs that i think doesn't really tell the full picture. when you look at the full picture, a lot more is happening here. so even if you get a win on tariffs, it is not over. >> i agree with that 100%. what he's referencing is things like reform. bottom line, we have to trade with each other, we have to allow investment in both countries and allow it on a reciprocal basis. we have to make sure china

agrees to knock down some of those barriers that exist in critical sectors of the economy, where we have a competitive advantage. that's what we want to do. level the playing field. this is not the end of all negotiations but this 90-day period is a very critical period to set the trajectory in a different direction. neil: time for me to say game on. all right, guys, thank you both very, very much. i appreciate it. i wanted more from my copd medicine... ...that's why i've got the power of 1-2-3 medicines with trelegy. the only fda-approved 3-in-1 copd treatment. ♪ trelegy. the power of 1-2-3 ♪ trelegy 1-2-3 trelegy with trelegy and the power of 1-2-3, i'm breathing better. trelegy works 3 ways to... ...open airways,... ...keep them open... ...and reduce inflammation... ...for 24 hours of better breathing. trelegy won't replace a rescue inhaler for sudden breathing problems. trelegy is not for asthma. tell your doctor if you have a heart condition or high blood pressure before taking it.

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neil: you thought that whole net neutrality thing was done, right? there's a fight going on today at the u.s. court of appeals. right, edward? reporter: this is really a battle over whether the internet can be regulated or not. oral arguments are today. there will be no final decision made. the fcc basically reclassified the internet as an information service. it's changing the rules they had

in place since 2015. because of that, they removed a lot of the regulations over the internet, that some internet companies, local governments, also states, have sued basically saying this allows internet service providers to hold them hostage. the fcc will have their response later on this afternoon. this morning it was the petitioners' lawyers. the concern on many fronts, first and foremost, is it opens internet providers for the ability to throttle back speed on many pages. netflix is specifically mentioned, saying competitors could go after them, arbitrarily block pages or give some sites priority over others, thus demanding fees to get preference in the internet. some regulations say the states are not allowed to block any of these practices which is why the states have now signed on to this lawsuit, santa clara county signed on because they say it's a public risk. they say, for example, the health department has influenza information on their website that may be throttled back, the

public will not get it as quickly because that page doesn't provide money for the internet service providers. some argue the rules also remove requirements that internet service providers make disclosures to people that this is even happening. the fcc later on will say that basically the internet is an information system. they will also say any antitrust rules could handle if internet service providers step out of line in any way. in the courtroom i did see massachusetts senator ed markey. he was there, he said he inferred basically he's going to sponsor legislation in congress that will require the internet to be regulated. he says that will be coming very soon. back to you. neil: edward, thank you very, very much. all right. taking a quick peek at the corner of wall and broad, the dow is up 93 points. that employment report that stunned everyone with just the sheer size of job growth, better than 300,000 jobs, a lot in the private sector. we have been seeing a lot of renewed private sector strength. third month in a row of better than 3% wage growth.

so there's a lot going on that has investors very, very happy. what happens if the president declares a state of emergency in a couple of weeks on that border stuff? then what? after this. [nondescript dialogue] what would it look like if we listened more? could the right voice - the right set of words - bring us all just a little closer, get us to open up, even push us further? it could, if we took the time to listen. the most inspiring minds, the most compelling stories. download audible and listen for a change. that's it. i'm calling kohler about their walk-in bath. nah. not gonna happen. my name is ken. how may i help you? hi, i'm calling about kohler's walk-in bath. excellent! happy to help. huh? hold one moment please... [ finger snaps ] hmm.

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we're already appropriated. we have a lot of appropriation.

it's already been done. and certain other things we'll be doing that we haven't done yet, and one of the things we're considering obviously is a national emergency and it is. neil: all right. what would that mean? you hear this a lot. in order to get what he wants at the border which would be construction of a wall, he would declare a national emergency. of course, it would likely be chang challenged in court and you don't know the direction that would go but it would avoid a government shutdown. we discuss this with general jack keene. he could declare a national emergency. some have expressed surprise at that. if he's not, then what? >> he certainly could. obviously, it may indeed get tied up in the courts which would probably prohibit him from doing it. you know, the democrats and the administration just continue to talk past each other. can i throw this out there for a second? the border is 1,994 miles in length so it's almost 2,000 miles. there's 700 miles of fencing

already and the trump request that's already been approved, as the president mentioned in his presser there, is another 115 miles. half of that is replacing the old fence and some new stuff. but his budget request to the congress is for less than 300 miles of new fence. therefore, at the end of the day when everything is done, we'll have around 1,000 miles of fencing on a border that's 2,000 miles long. what the president is saying, he agrees with the opposition party. 1,000 miles of the border, there will be only natural barriers, not artificial ones, surveillance technology and border patrol. for virtually half of the border. neil: half of that border would not have traditional wall. >> there would be no wall at all. none. zero. neil: a lot of people, the president forced this shutdown issue and all but the very same democrats bemoaning this were

for it under barack obama when he asked for 136 miles of extra wall building. that was then, i know it's different now. i know things have developed, it's not like apples and apples, to compare here, but obviously politics has come into play here but neither side budges. can he, general, and would you be okay, are you worried that he dig into other defense appropriations to pay for the very thing he wants to do, even for those limited miles? >> i don't have a concern with that, because the expenditure is so minimal compared to a $777 billion defense budget. neil: it would be coming presumably from some place else. >> oh, yeah, something would have to be given up to do that but it doesn't mean that other thing would not be done. it could be taken care of and made up for in another appropriation, assuming it's something essential and obviously, it is if it's in the $717 billion budget.

having managed over $120 billion myself as a four-star, i mean, you can find money when you want to, really. neil: yeah. when you talk those kind of numbers, you're probably right. general, thank you very, very much. always good seeing you. apologize for our truncated time, with the president speaking and all of that. >> good listening to him. neil: we have a lot more coming up, including the message coming out of the latest democrats to enter the presidential sweepstakes. there is a consistency to it. after this. hey, who are you? oh, hey jeff, i'm a car thief... what?! i'm here to steal your car because, well, that's my job. what? what?? what?! (laughing) what?? what?! what?! [crash] what?! haha, it happens. and if you've got cut-rate car insurance, paying for this could feel like getting robbed twice. so get allstate... and be better protected from mayhem...

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. >> what are your thoughts on the fact that billionaire has become a bad word in the face of democrats? >> it blows me away. this is not democrats. it is other people out there. flows me away. maybe because they were not achieve the american dream. they think they had to do something illegal to do that. maybe they stole from somebody. a lot of things on television don't show the good billionaires. neil: that was millionaire john paul today -- dejoria don't like howard schultz running as

independent. danielle, is the democratic party hitting a hate rich people rampage? >> we hate spoilers rampage. neil: i heard the same talk about michael bloomberg. they don't like him. he is running as democrat, well, presumably. >> presumably, right. i'm not convinces democrats don't like billionaires this is like open borders democrats. this is something opponents make about democrats. neil: they like him to pet money for their campaign. same thing you said about the republicans and said about donald trump until he ran. >> democrats for that matter as well. both parties sucked up to donald trump for his money. in terms of bloomberg and howard schultz, when the chorus line of your party singing tax the rich, you don't want to be a guy strumming the solo billionaires ain't so bad. if there is a theme as you pointed out, last 10 years of the democratic party, rich people are not as good as we think. only solution to our problems is taking more of their money. neil: will joe biden bet the

party's nomination the way the party is configured now? >> i think joe biden can. neil: he is not of that ilk. he does not feel that same way, doesn't he? >> this is someplace talking about primary. far more extreme voters within primaries. this whole anti-billionaire -- neil: they are the ones who decide? >> no they are the ones who decide. i'm still convinced, he is socially liberal. most people in america are fiscally conservative whether republican or democrat, but socially liberal makes a difference. he will draw democratic voters away from a democratic candidate. that is what they're really worried about. neil: that is why he getting the special wrath. the problem meant once we mention -- prominent ones we mentioned, some want to reverse it. taking taxes up to 70%. right. others arguing a wealth tax. i this kamala harris has version of that. elizabeth warren.

i know cory booker was talking something similar. what do you make of that? >> that is interesting point. if you think about that, it shows you, joe biden, kamala harris might not drive the message of democratic party. aoc, omar, 70% tax rate. neil: most of the 40 came into the house were moderate, right? >> we have the caucus, that were far right. >> name another freshman house member other than aoc or omar. neil: i hate refer the initial. >> i like it. jfk. >> hrc. neil: fbi. here is what i want to get, guys. do you think the fact after the shutdown, with all the problems,

that the economy was firing still on all cylinders, we had a great jobs report, you have to scratch your head, say that doesn't make sense? that maybe we decided so much nastiness of the shutdown and economy shrugged it off, that it wasn't a big deal? i'm not minimizing for federal workers affected. but look at employment. >> there was rise in part-time jobs government employees going out to do some of those things. we go back to days of clinton, it is economy, stupid. if this continues it gets much harder for democrats to come up against the president an say we can do better. neil: democrats need moderate figure or elizabeth warren, kamala harris are they going to be okay. >> they will be okay in the pry may pry -- primaries 40. % of the count don't identify as republican as are democrats, or run to the middle or walk.

>> we'll not see that at least until may of 2020. right now you will have this democratic party moving to the left. as danielle said the problem they have to compare apples to apples, economic record, against donald trump's economic record. con my flying on all cylinders. cory booker announced unemployment rate under him went from% to 14%. he had to lay off thousands of employees. "new york times" called newark emblem of poverty. how does that a person translate into the general election assuming the economy is still going strong. neil: if the economy is, then it is donald trump's election to lose? >> donald trump's election to lose. i don't think he will. >> i think it is more than that, with a large millenial block coming in, candidates on the left will energyees folks who generally don't vote, half of americans don't vote anyway. neil: one candidate to do that? we don't know who that is? >> talking about obama, talking about generational stewardship. millenials care about, even though most voters don't i think

that will make a difference. neil: final word. thank you both, very much. fair and balanced. without screaming like professional wrestling or all that. leave it to my buddy charles payne who is also very dignified. charles. charles: thank you very much, neil. i appreciate it. i'm charles payne. this is "making money." a huge show is coming up. we'll break down the powerhouse january jobs report, 304,000 jobs added to the economy average worker seeing fastest wage going in a decade. america is the strongest economy in the world. this echoes what we're seeing in earnings report this is week. right now the dow, s&p, they're higher. remember, they had their best month since october 2015. and democrats meantime, well, their eyes are on the white house, they keep attacking the rich. that is the way they want to get there. elizabeth warren, demanding billionaires, should quote, stop being freeloaders. my panel will debate that. so much more