manufacturing were not so hot. facebook.com/lizclaman. [closing bell rings] there is this or was this narrative developing earlier in lost some momentum but up 115 the day we should start to worry points for the dow. about the economic slow down more importantly, a full globally again. percentage gain for the nasdaq, s that out of mind or, is this up 86 points that does it for something you're still thinking about? >> well, i don't think the data "the claman countdown." "after the bell" has breaking connell helps things at all for earnings news. sure. that is one of the arguments, connell: treasury secretary steve mnuchin with interesting right, the last few days and comments. he expects to go to china to weeks, oh, the u.s. can with continue the trade talks in the stand a trade war because the near future. economy is so strong. we heard that from the that may be a comments on auto administration. goes to show you we have the ebb tariffs helped stocks end in the and flow of good and bad data. green across the board, what are jonathan is right about layers described as easing of the trade or levels, whatever he said. you have usmca talked about tensions. melissa: it does back and forth. right? other things are impacting, the dow was in the green. snowball where this isn't just a is that your read still? isolated china incident. it makes market as little yes it is. connell: i enjoyed your verse. nervous and worried, even if a you said it. after the selloff on monday. deal does get done, how strong good to be with you. that is melissa francis. or weak is it and there is still i'm connell mcshane. melissa: that is all true. work left to do. melissa: president trump is this is "after the bell." expected to sign a executive order to ban u.s. companies nasdaq and marking a two-day using telecom equipment from

winning streak. retail stocks taking a big hit firms that pose a national after retail sales unexpectedly security threat which could ultimately lead to a ban of fell in april for the second huawei. this is according to reuters. time in three months. connell: we'll have more on the big market movers of the day. scott what do you think of this? we have breaking news from blake it makes common sense if we burman at the white house. think the quip is spy equipment what do you have, blake? reporter: we're expecting why would we let it into the president trump to unveil the new immigration proposal we can u.s.? >> i agree with you, melissa. tell you here at the white house tomorrow. we had a similar thing with zte according to senior administration officials who sometime ago. gave us a bit of a download there is concern and attention being paid there. earlier today, what the president will be rolling out. gosh, guys, as we've seen with the china dealings before, i.p. we're told this immigration proposal is broken up into two theft, currency manipulation areas. first off, securing the border which you know is a main everything that has gone on with priority for the president. our tiff or squabble with them, also secondly, moving to a things prove to be dire or worse merit-based immigration system. than we originally think. we're told that merit-based while i like the effort with immigration system has four huawei, let's make sure we different factors to it. follow through with it, and that being someone's age, an follow through very strongly. melissa: jonathan? >> medical list melissa the immigrant's english proficiency, whether or not they have government banned from using huawei phones. employment offer and they have a this goes so far to have private educational background. use of the same technology.

administration says this would they might think it is a raise gdp their plan, national security threat, as $600 billion, decrease the scott alluded to, this poses a deficit by the same amount, real threat this could escalate increase tax revenues by $500 billion. come to trade, more retaliatory now administration officials described this proposal from the tariffs, retaliatory president as a good-faith effort protectionism from china doesn't help the market here at home that they are going to put either. melissa: jonathan, scott, thank forward. they say, that this should rally you. connell: breaking news. support among the republican party but as you know, if this earnings for cisco reporting its ever reaches the legislation third quarter results. let's go to gerri willis with phase, there would need to be the numbers. >> connell, that's right. democratic buy-in. cisco is out, network ahead of the announcement equipment-maker they are beating president trump continue todd on top and bottom line. eps coming in at 78 cents a implore congress to act on share adjusted. immigration. >> not one more american life expectations of 77-cent. should be lost because of our revenue as you can see here higher as well. lawmakers failed to secure our of the we get a little bit of a beat at 12.96 billion. borders. this was expected. tremendous problems of course at the southern border, from drugs, analysts say we'll have a very good quarter. to the wrong people being they saw that coming. allowed to come in because of a we're combing the release. looking for comments on china. corrupt and broken system that last quarter the company said can be changed in 20 minutes. they didn't expect big impact from china. to be curious if they talk about 20 minutes. this again. also they are making their reporter: when you look at the

transformation into a services immigration plan the approximately can roll out business, a la microsoft, very tomorrow, number of green cards, the number of h1b visas will not successfully indeed. service sales were up for the be raised, will not be lowered. quarter. so boot line here cisco doing very well. beating on both the top and senior administration officials tell us this will not touch bottom line. eps coming in at 77-cent. temporary workers or ag workers, that is separate from what 78 cents a share. they're rolling out. versus 77 the expectations. also should mention the office back to you. of government ethics just tweeted out within the last connell: gerri, thanks. stock up 3%. couple minutes that the good stuff from cisco. president's financial disclosure melissa: we are also right now, give you a little bit of form has officially been filed. we should get a look at it here, breaking news as we go out to if not today, potentially in the break, we're hearing in a statement from the press secretary regarding president upcoming days. trump, he is heading to the we should note this is much different issue than the republic of korea. he is going to south korea. president's tax returns. you know where that issue for a visit with president moon stands. connell: okay. so a couple of breaking items jae-in in conjunction with the immigration interesting. travel to the g20 summit. melissa? melissa: comeback on wall street they are tagging this on to the today, stocks turn around as g20. president trump plans to delay this will happen in late june, auto tariffs by six months. obviously, you know this is the fox business's edward lawrence move to potentially get talks is live at the capitol with the with north korea maybe back in latest. motion if he will go meet with edward? reporter: this trade debate that leader there in south really bubbling up today. korea.

it has moved from the u.s. trade again this is breaking news. we're getting a statement from the white house saying that the president is going to visit representative as office to capitol hill. treasury secretary steve mnuchin south korea on his way or to or is testifying on capitol hill. he says that he is hopeful for a from the g20 summit. connell: which is the very end trade deal in confident. of june in japan. not confident with a trade deal adding to that trip is very in china. the treasury secretary says he interesting. of course the china trade talks, will go to china for the next possible face-to-face meeting round of talks. no plans have been made as of with xi xinping in the cards at yet. he will go with congressional g20. melissa: excellent. connell: more on the president support, listen. >> they have got to play by the coming up and the new rules like everybody else. merit-based immigration that is out. blake burman was telling us we admitted, helped at mitt china to the wto. about it. can congressional leaders unite it wouldn't have gotten in behind a central plan. without a support on melissa: one major city banning the use of facial-recognition december 11th, turn. technology by police. on december 12th, our why some local activists are chinese friends started fighting back. cheating. no one stood up to them. judge andrew napolitano, reporter: the big push today fox news senior judicial analyst from the administration, not coming up on that. china but the usmca. connell: the fcc taking action here on capitol hill u.s. trade against those robocalls. we have details on a new effort representative robert lighthizer to protect consumers from met with canada's top negotiator spammers, how the move gives you some more power to black block today chris -- chrystia

unwanted calls. freeland. >> we talked about the ♪ ratification process for the new nafta, discussed situation in both of our countries and paths forward. reporter: free land said in the past canada would not ratify the ♪♪ usmca in canada if the steel and aluminum tariffs are in place. congressional support eroded for the steel and aluminum tariffs. the u.s. trade representative ♪♪ office is working on that. back to you guys. melissa: edward lawrence, thank you. connell: jonathan hoenig call tallist pig hedge fund, scott martin joins us from kingsview asset management. both john and scott are fox news contributors. all the issues supposedly in the morning were erased when we figured the auto tariffs would be delayed. what do you make of the action? >> connell, it was all about trade and all about tariffs. interestingly the dow was up, good to see the breadth of the market, knew highs versus new

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melissa: calling it a good-faith effort, the white house hoping to guarranty strong republican support as it prepares to unveil its immigration proposal. will democrats respond with a plan of their own? here to react, anneke green,

"real clear politics" columnist, former bush 43 speechwriter. thanks so much for joining us. let me ask first about the point based system where the president wants to focus on merit-based immigration. giving points on age, english proficiency, employment offers and educational background. how do you think the democrats will push back on that? or do you think, or do you think they will? >> i think democrats will push back regardless because they're not actually interested in making a deal with trump unfortunately. we've been seeing the tension for years on years now as you well know from experience but the issue with this program, may raise will be relvan to trump supporters, by awarding points that way, incentivizing people with more educational back ground, english proficiency not doing a whole lot for agricultural community that depends on lower skilled workers who may not have the english proficiency. melissa: that is interesting.

right now 42% of immigrants coming into the u.s. have a bachelors degree or more. in this model of the plan they want to raise that to about 71% of people coming. it really kind of speaks to that mix, you have employers at both ends of the spectrum, whether employers looking for people with h1b visas who can do coding and advanced things. they say there are not enough of those. people at other end of the work spectrum, farmers, others need ag workers. not like one end or the other needs, more important. they're both clamoring for more workers, yes? >> yes. there is also the need for domestic skills, particularly with more women in the work place. interesting to see different priorities, i don't know, needing to be addressed. ivanka trump has been advocating for paid parental leave, more support for working women. jared kushner who is conducting listening sessions with conservative groups, this is

what they come out with to address the end of the spectrum for the tech industry where people need coding skills that you mentioned. melissa: what do you think republicans will have to give in order to get anything done? we could have a tremendous immigration casserole here where everyone comes together to put forth things they want, so much needs to be fixed, you can trade and put it all together? what is something that republicans hate they might have to give away to get this done? >> that is a really good question. what we're seeing from conservative groups, there is a big push to deal with the security side of things. this visa issue doesn't do that. it shows they're paying attention to the fact more than half of the people who are here illegally overstaying visas. we saw movement on that with addressing foreign reese sass, trying to adjust quotas, to crack down on that. that doesn't do anything on the security side. it doesn't address many so of his messaging we saw in couple

of state of the unions gang full of illegal immigrants who come in prey on populace. i don't think republicans should give in on that, nor should they. melissa: we'll see. maybe people put priorities on the table. maybe accomodations can be made and they come up with something. >> that would be great. thank you. connell: president trump meeting with secretary of state mike pompeo at the white house. the u.s. government ordering non-essential personnel to leave iraq immediately. so we'll put all this together live at the state department. get an update on that coming up next. battling ceo pay on capitol hill, the disney heiress abigail disney calling out corporate leaders hoarding company profits as she sees it. what the move could be mean for capitalism in the u.s.

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if you can't afford your medication, astrazeneca may be able to help. is. connell: rising tensions with iran. secretary of state mike pompeo meeting with president trump today, talking about the

situation in iran as the u.s. embassy in iraq has been partially evacuated. fox news's rich edson live at the state department with the latest on all of this. rich? reporter: connell, senior state department officials say there is an increased threat stream directly linked to iran. it would amount to negligence if the united states had its non-emergency personnel working in compounds in iraq. with that the secretary of state ordered them out. given the current security concerns the president decided to make mission iraq on ordered departure. mission iraq will have limited availability to provide emergency services to american citizens in iraq. senior democrat on foreign relations committee, bob menendez, says that the administration has yet to provide information or intelligence that led to this decision. >> we do not need another iraq weapons of mass destruction moment where we were falsely led

into a military engagement in iraq which is one of the biggest mistakes we had in foreign policy. reporter: secretary of state mike pompeo was in iraq last week. he made an emergency trip there africans selling a trip to germany. state department says comparisons to 2003 iraq are wrong. more like the spike on attacks on americans with iraq in 2011. pentagon officials have been briefing piecemeal members of congress. the administration response does not mean the united states does not want conflict with iran. back to you. connell: thanks, rich edson. melissa: as you just heard there select members of congress received a briefing from the trump administration on the justification for the iranian posture this morning. congressman john garamendi is the chairman of the house armed services subcommittee on readiness. he was one of those members now. we're happy to have you here. what can you tell us about the briefing? >> well, i can't tell you the details of it there was no information given to us that

would indicate any need for aircraft carrier, for the marines and b-52 bombers and for plans for 120,000 american soldiers. iraq's dangerous place, has been a dangerous place for well, since 2001, 2002 and it remain as dangerous place but i'm looking at this, i'm going, i saw no justification for the steps that the u.s. military is taking, particularly today. melissa: what about for evacuating the embassy and getting rest of our personnel out of there? >> that happens from time to time. there are personnel in that area that actually outside of the embassy compounds usaid workers as well as various non-government organizations. they need to be careful. it is a dangerous place, no doubt about it. but i'm looking at this, i'm saying is this, are they trying to set up a tonken gulf situation because it wasn't just

in iraq? it was in the region. so what is happening here? what kind of detail is it? what kind of war plan something actually underway? melissa: what do you think of the sabotage type effects have been claimed all over the place, whether it was the saudi oil tankers or other things we've seen footage of? that has been the other argument, that iran is carrying out sabotage attacks all of sudden? >> we do know the houthis are sending missiles into saudi arabia. we do know other attacks have taken place. not all sure you could say it was iran. certainly their proxies houthis are deeply engaged in saudi arabia. that war in yemen is all about that what is new here? that what is new that would cause the u.s. government to put on a double red alert, send aircraft carrier, send the marines, send b-52s? we have perhaps as many 200 fighter bombers and fighter jets

in the region. we have major military operations that are already there. we have some 7,000 troops on the ground in iraq already. and we do know that we have allies in there that have worked with us in, certainly the kurds, isis down, all of this is there. so i'm going what is the sudden drumbeat of war all about? melissa: what you saw, what they revealed to you in the briefing did not justify this kind of movement much can you tell us what more than what we've heard about? was it more than some plans or attack, sabotage different events that we've seen around? was there something more we can't know about right now? >> i would suspect that generally the public press covers the middle east very, very well. while we may have classified information, i can't talk to you about the classified, i can't talk to you what is in the public press, because that takes

us back to classified. i would read the papers. melissa: we'll stay on top of it. thank you for sharing that with us. >> thank you. connell: staying on top of a piece of breaking news as well. the helicopter crashed into the hudson river here in new york city earlier today, emergency officials rescued the pilot only person on on on board when the chopper crashed. debris hit a worker on land. to the west of us in the hudson river. we'll keep you updated on any major development here in new york. melissa: if you decode what mr. garamendi said there, it was whatever it is they're looking for is out there in the news. connell: public domain already. melissa: interesting. san francisco sounding the alarm. the california city is now the first-in-the-nation to ban police use of facial-recognition technology. so what are the implications of that? judge andrew napolitano joins us later this hour. i can't wait for that one. connell: it's a very interesting story on both sides. facebook blocking users from

live streaming if they break company's guidelines but are they not going far enough with some of those punishments? melissa: are you sick of receiving, annoying, constant robocalls. the fcc may have a solution. we her that before. i'm more hopeful this time. details coming up.

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melissa: cracking down on robocalls. the federal communications commission proposing new rules to allow phone companies to detect, analyze, block those

automatic spam calls by default. fox business's hillary vaughn is live at the white house with the latest on this. i like the sound of this, hillary. reporter: a lot of consumers do too, melissa. the fcc is finally coming up with a fix to stop the annoying robocalls a lot of consumers complained b the fcc is proposing a new rule that would let phone companies auto block the calls before the iphone rings. it would let carriers stop by default any calls they can spam. they would be able to opt out. a white louse is an white list is good option for. families can restrict to trusted contacts like family, doctor or pharmacy. pai says they can't guaranty the service will be free. but it will cut down on hassle from phone companies.

i asked chairman pai if they will issue a software tool kit for phone companies? and he said no. >> the short answer is no, we are not offering a software tool, nor directing specific software tools. our goal here is to make clear the legal foundation for allowing call blocking by default. we want to encourage experimentation that allows companies to figure out where consumer preferences are and then match the call blocking tool to those preferences. reporter: there is a second part to this proposal that would offer a safe harbor to companies that are blocking calls in case consumers complain. melissa. melissa: good stuff, hillary, thank you. connell: russell holly, joins us, senior editor at mobile nation. so we've heard before someone would do something about this. maybe the companies or do it ourselves with some apps. now the fcc proposal hillary just described is this along the right lines, russell, do you think? >> this is definitely heading in the right direction. there is a little bit of

information that is kind of missing how this information, how this would be deployed but one of the really interesting things that got brought up in the report, it is set up in tiers. it blacks out a whole lot of things aside from preferred contacts or added to a white list to things we know are bad actors and that could be really interesting. connell: the default setting being, that the block would be in place, i mean, you would think, it all comes down to technology many times, what is your default. if the default is to block, people would be happy, they won't know why they're happy, and getting these calls? this could solve it? >> certainly has the potential to. right now the closest thing we have to a solution only exists on a handful of phones. letting you know the number you're getting is on a bad list to begin with and that is just not enough. connell: we're looking at apps on the screen that supposedly kill the robocalls. they wouldn't be necessary i guess if this system is in place, that fair? >> yeah. i mean the idea, you know, to

filter the stuff out. there could be some difference here. apps available right now also limit things that come from specific retailers that are not necessarily robocalls. connell: i wonder if there is anything that will come up eventually where people will find a reason to come train about this because right calls are getting blocked? that is for down the line. that is always where these stories end up but before we let you go, russell, i want to ask you about the facebook story out there today because that pot a decent got a december -- decent amount of attention, to ban accounts live streaming for 30 days. comes couple months after the new zealand shooting christ church massacre that was streamed on facebook? when i first read it, someone spreading what is thought to be terrorist propaganda, you can't live stream, you can have account to begin with, if they

say you're doing this? that seemed a little weird to me, but what do you make of it? >> like everything we've gotten from facebook the last couple months this is a half measure. this is designed to work if you discovered this person is a bad actor you can put a limitation in place they can't live stream. this is specifically the facebook live service and not facebook watch service that can tie into a webcam. that utility still has its own work around. depends on the system that facebook hasn't earned out yet. allows the people to report whether that person is a bad actor and allow the algorithm to figure it out. connell: if they haven't ironed it out, allows facebook and others to have the technology i suppose artificial intelligence to keep up with who they deem to be bad actors, does that technology exist and is it as effective that it needs to be? >> everything we've seen so far suggests human action is most effective way to resolve things like this. connell: that is almost impossible to monitor because of

sheer numbers or? >> facebook is so big, that monitoring that stuff on regular basis would really be very complex. but even on a much higher level, it doesn't seem like there is a human involved at any point in the process right now, even major cases, where you know, where accounts are flagged kind of en masse for bad behavior, including the shooting, the time which it take as human being to get to that is far too long. connell: already out there. somebody made a copy. whatever else. russell holly. good to see you. melissa? melissa: quiet preferred or happy to chat? uber launching a new option for premium rides that allows passengers to specify what level of conversation they would like to have during their trip. the option lets drivers know in advance what mood the rider is in, to customize their experience. kind of like chatty, not chatty. connell: what do you think? i prefer to have quiet during the commercials during this show? kidding.

uber, i'm a quiet uber user. melissa: i am going to put up my quiet anchor sign. connell: talk to the hand. melissa: now we know a lot more about connell. go ahead. connell: ceo pay, abigail disney was speaking out on capitol hill today, criticizing the disney ceo bob iger over how much money he makes. we'll have the latest from that investigation. how about this? this is a good story. the golden arches doubling as the united states embassy? that is the plan in vienna. the embassy released a statement, american citizens traveling in austria, find themselves in distress can't enter u.s. embassy can enter any mcdonald's in austria, they will help them make the contact with the embassy. melissa: i've been to mcdonald's in austria. connell: you didn't know it was an embassy. melissa: i didn't know but it was delicious.

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melissa: breaking news right now. president trump signing an executive order declaring a national emergency to address threats to telecommunications networks from some foreign companies. this ultimately could lead to a ban of huawei technology. connell: this will be known as the huawei executive meantime on notice, disney air rest abigail disney blasting corporate executives for their

quote, addiction to money during a hearing before the house financial services committee. deirdre bolton joins us with the latest. reporter: connell the topic of income inequality is heating up. the granddaughter of roy disney is at the heart of the argument. abigail disney testify on capitol hill earlier. her grandfather, her great-uncle walt founded disney entertainment company. she says the pay gap between the company's top executives and median workers is completely out of whack. in the context of disney, here is her comment on disney ceo bob aislinger's pay. >> bob iger is a nice man a brilliant manager, so are most ceos. the corporate excess has become so normalized they and their peers can't really see the problem anymore. reporter: received a compensation package worth 65 1/2 million dollars last year. part of that was due to the successful purchase of the fox entertainment assets. disney median employee,

full-time hourly worker received a little bit higher than $46,000 per year. so you get a ceo pay ratio of about 1400 to 1. for context eiger's pay is in line with a lot of ceo's who learn more than 1000 times the typical employee. we took data from aggregate tore of public company information. the company looked at 325 proxy statements, this is all public. these subpoena 500 companies have to file with the sec. here is what we found. i picked out consumer and other media company ceo pay, kevin johnson starbucks, david sass low of discovery, art they are peck, ceo of gap, they run range of 1000 times pay per typical employee up to 3500 times. so bob iger by those standards is really smack in the middle. disney defends its practices. here is part of the company's public statement on the matter.

disney made historic invests to expand the earnings potential and upward mow it of our workers, implementing a starting hourly wage at disneyland, double the federal minimum wage. disney said 90% of the eiger's compensation was based on financial performance. he had a long and successful tenure at disney. the price under his per view has gone from $24 a share to 134. the company state has benefits iger quite obviously but thousands of employees who hold the stock. connell in wrapping up, part of this is eiger's pay package is performance-based. so if goals are not met he not get the headline number. if they were exceeded he could end up with more but they are performance-based. back to you. connell: interesting stuff. deirdre bolton. melissa: last point we pick up on here to react to that, thomas delorenzo, loyola economics

professor and hadley heath manning from the independent women's forum. tom, let me start with you, looking at situation, making the point, yes his pay 1400 times the median worker, but look at the shareholder value he created. how much of the jobs he created into transforming the company. how do you quantify he had the foresight to buy the "star wars" franchise which at the time people thought i was overpaying for? it has transformed this company. what do you think of this conversation? >> well, if he is increased the price of the stock from $24 to $134 he may well be underpaid for that. i think the fact that he makes a lot of money does not mean it comes out of the pocket the of the workers. mrs. disney said he was ad dicked to money or ceos are addicted to money. i should hope so because only way to get that money is to

provide value to their customers and their consumers. the more the better. that creates more job security for workers and that is sole-source of the income of workers for disney or any other corporation. and so, otherwise you would have to think the boards of directors are all either stupid or corrupt or both to pay him so much money if he is not worth it. melissa: hadley, it strikes me especially when you look at this situation the difference between socialism and capitalism, one embraces and recognizes fundamental human nature, that human beings try to survive and they operate in their own self-interest in order to do so. with socialism they count on people to perform because they want to share and do for others and we've seen a lot of experiments like that, that haven't worked out. eventually you know those in power they go for their own self-interest and start hoarding resources. what do you think? >> the good news --

melissa: sorry, hadley. go ahead. >> that's all right. under capitalism model we're free to share charitiably. many americans do that. the difference between socialism and capitalism under sharing. under capitalism the share something volume tirery. under socialism it is forced. it can create ill will and lead immoral system that takes freedom away from people to direct their lives any way they like to go but when it comes to the question of ceo pay we can recognize that capitalism is not perfect. that there will be excesses. it is very difficult to say what a fair salary for a ceo is today when the job has been changing and certainly ceos, a lot is expected of them. melissa: yeah. >> we know it is very unique to the firm itself, deirdre mentioned these are performance based jobs. we want executives to have incentive to be sure that firms perform well in the stock market, for example. but the bottom line, this is not a zero-sum game. because a ceo makes millions of

dollars, doesn't mean average worker makes less as a result. melissa: tom made the point. we'll have to do this again. thanks to both of you. >> thank you. melissa: catch fox business's capitalism versus socialism town hall hosted by charles payne. that is happening tomorrow right here at 2:00 p.m. eastern here on fox business. connell: good stuff. the fight over facial recognition. we have that coming up. first major city banning the use of the technology, even for the police. why critics are slamming the move as a poor model for other cities. we'll talk to the judge about that. judge andrew napolitano. fox news senior judicial analyst is up next. ♪

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firm huawei. the regulation will be out in 150 days. major american city tn the police from using facial recognition software to try to identify criminal suspects brings a lot of issues up, as civil liberties groups have been sounding the alarm on potential surveillance abuses. the judge is here, andrew napolitano, to talk about this, and i think that it's fascinating from a number of different angles both sides really but you tell us from the point of view of the constitution, which is where you always speak to us, what do you make of san francisco going out on a limb here? >> well we start out with a couple of basics that the police are subject to civilian authority so this is the city council that goes by a different name out there, of san francisco , voting 8-1 to prohibit the use of facial recognition software, by police. the city council's theory is and there's a lot of case law to

support this, that the use of facial recognition is a search under the fourth amendment. it's a search of a large group of people, and it's a search without a warrant, therefore it's unconstitutional. connell: i'll stop you there on that particular point so say if you're gathering the information through facial recognition software but it's not being used by any police organization, would that be something that you see is against the constitution in other words you'd get the warrant only if you needed it but the information would be there. >> well if the police are gathering information and not using it then there's nobody to bring the challenge against the police. there's no plaintiff whose ox is being gored. it's only when someone's face is being picked out. connell: isn't that like any other warrant they'd be talking about whether it's justified or not? >> well look a warrant requires going to a judge demonstrating probable cause of a crime about a particular person, not about a group of people. connell: so you'd have to know the actual person which in this

case you obviously wouldn't because you're searching for a person. >> right and that's because the supreme court has ruled that surveillance is a search so if you conduct mass surveillance of thousands of people, that's a search. if you do it without a warrant it violates the fourth amendment and therefore you can't use the fruits of that search in any criminal investigation or prosecution. connell: interesting now a lot of other cities still do this though as you know, and public safety has always been their argument. isn't there some public safety value, and does that matter at all in gathering this? >> well the police would argue that if it makes it easier for them to do their job, then that enhances public safety. the police in san francisco either because they want to police their bosses or because there's more civil libertarians than there are in new york are actually praising this saying they're looking forward to working with it. i don't know if they're being disingenuinous or not, but it does not effect the airports, tsa, it does not effect federal or state officials in san

francisco. it only effects the san francisco police department, but it's the largest city in the country to do that it's going ton expensive. connell: they don't use it i believe it is at the airports and ports where they use it which wouldn't be under the jurisdiction you're usually great rolling with breaking news do you want to comment on what melissa told us as we were coming into the block of news about the president's executive order going after huawei here? >> the president has extraordinary authority with respect to foreign affairs and with respect to national security and if the president makes a determination that a corporation, partially owned by a foreign government, is a threat to our national security, he absolutely can bar american corporations from interacting with that. now that is easier said than done, because we know how huge huawei is, and how much money they make in the united states. connell: it's a big, it's a huge business, no doubt especially for the rollout. >> the other argument is just trying to put more pressure on china. connell: 100%. judge good to see you as always.

>> pleasure guys. melissa: 2020 beto o'rourke currently trailing in democratic polls now live streaming himself getting a hair cut. ugh. the presidential hopeful visit ing a barber shop giving his barber a chance to talk about his experience leaving mexico to move to the united states. connell: this is a problem, copyrighted and a lot of the people don't know this, judge napolitano does this every three weeks. >> [laughter] connell: he live streams it. melissa: last time we saw the tooth cleaning with beto o'rourke. we don't need this, we don't want it, we understand your numbers are going down, this is not going to help. connell: tmi. that does do it for us our time is up we will see you tomorrow bulls & bears starts right now. president trump: tremendous problems are caused at the southern border from drugs to the wrong people being allowed to come in because of a corrupt and broken system that could be changed in 20 minutes.

liz: president trump set to deliver a major announcement on a sweeping new overhaul of the immigration system we're just getting the details of the plan that he will be unveiling tomorrow. we've got a live report from the white house, coming up. this is bulls & bears i'm gary kaltbaum in for dave david asman , joining me is steve forbes, liz claman, gary