texas. in 1997 the state legislated that absentee ballots could be cast from outer space. the only state that allows that. kate rubins from texas, voted from the international space station. she used her right to vote from space, offered no other state in the nation. only texas. my time's up. neil cavuto, sir, it is yours. neil: all right, stuart, thank you very, very much for that. we're enjoying a strong day at the corner of wall and broad. the dow jones industrials up 232 points but there is a battle back and forth, you heard and seen a lot more stories, see this every time this year, fed seeing we're having strong market. we're entering september, in october, can we keep this up, a lot of those anxious stories out there which is probably appropriate to have, you don't want everyone ridiculously bullish everyone is stunned on the way out and all of sudden

everything hits the proverbial fan but ignoring for the time-being the package they're trying to put together in washington, 3 1/2 trillion dollar so-called human infrastructure package has a lot of things in there to pay for that we didn't know about prior, including many, many taxes on many more people than we thought at first. hillary vaughn is sort of been going through them here and they're eye popping to say the least. what do you have for us? reporter: an 18 page document detailing a lot of ways that taxes are going to be raised. proposals on the table from house democrats a way to pay for the 3.5 trillion social spending package but one big bet they are making this package stuffed with free things like free community college, subsidized child care, universal pre-k, paid family and medical leave that will generate tax revenue and economic growth, about $600 billion over 10 years. they're saying that that is going to partially pay for some

of it. the rest is going to come from tax hikes, 2.9 trillion they say is left over but there is some disagreement between house and senate democrats over details of the tax hikes but there is broad agreement over one big thing, raising top rates. corporate rates and individual tax rates to broadly scoop up trillions and trillions of dollars in more tax revenue. >> we're not talking about an infusion of 3.5 trillion right now into the economy. it is over 10 years and it has offsets, it has pay-fors. so the federal government is going to recoup that money back through an equitable tax code on large corporations, international corporations and the wealthiest among us. reporter: here is break down what is among the table for house democrats. tax hikes include raising the corporate tax rate to 26.5%. raising the top marginal tax rate to 19 nine .6%.

it raise -- 39.6%. raises capital feigns taxes to 25%. tax on additional 3% tax for anyone making more than five million dollars. it will scoop up more overseas tax revenues. foreign related income would include oil, shale, tar sands. it makes changes to tax rules for any outbound international provisions t restricts retirement plan contributions if the value of that plan exceeds $10 million. there is also a petition big rift between some democrats what the final price tag will be for this package, should be even if democrats come up with a $3.5 trillion. moderate senator house, senator joe manchin says the cost to taxpayers would still be never ending. >> it is going to be a lot more than 3.5 over eight or 10 years because it will continue. all these programs never come off. they are not scored out that far. with that being said, that is social reform. >> are you hard enough?

>> on the 3.5? yes. reporter: up in the air we have proposals from house democrats. senate democrats are working up their own two dozen tax proposals. they have to reach an agreement ultimately what makes there is pretty big disagreement between some of the moderates and progressives what kind of tax hikes they're willing to stomach. neil? neil: absolutely. to your point we're learning it is not just joe manchin has a problem with this when it comes to some of the tax hikes. mark warner with whom wechat later in the show, jon tester of montana, krysten sinema of arizona. this is problematic to put it mildly. hillary great reporting as usual, my friend. let's go to chad pergram on this. chad so many questions to ask you. the first is the magic of this september 27th date joe manchin is indicated they can't make, at least by his thinking.

what is that? reporter: keep in mind the house of representatives. for the house to vote on that transportation and infrastructure bill, that is an agreement between house speaker nancy pelosi and moderate democrats. they have already voted on that bill in the senate. but the next few weeks are a challenge for congress. consider the list of things they have to do. the government is on the brink of shutting down on october 1st. the secretary of the treasury, janet yellen is pleading with congress to raise the debt ceiling. there is hurricane assistance, communities in louisiana and the northeast demand help after hurricane ida. the house is supposed to vote on the bipartisan infrastructure bill as i said by the 27th of september. and democrats are struggling to align votes on the $3.5 trillion spending plan. >> he will not have my vote on 3.5 and chuck knows that. 8 million people are still unedge employed. something is not matching up. don't you think we should hit the pause to find out?

the haver inability we have -- reporter: democrats need every single member to use the special process called reconciliation to avoid a filibuster. >> i think that the problem for the majority party is going to be trying to get the progressive wing of the party reconciled to the possibility that the many things involving the environment, involving social welfare issues, involving medicare and so on may just not be possible. reporter: manchin's resistance has him crossways with liberals especially if they trim the size of the bill. >> no, it is absolutely not acceptable to me. i don't think it is acceptable to the president, to the american people or the overwhelming majority of the people in the democratic caucus. reporter: democrats control the white house, the house and senate. if everything spills off the tracks, democrats will have no one to blame but themselves. neil? neil: so just to be clear, chad,

what would be the cut-off point which you have to, if your push to get this done this year, this calendar year, play that out for me. reporter: right. on the $3.5 trillion bill, there is really no deadline. you just have to it done sometime within this congress which could extend to early january of 2023, because you have the reconciliation vehicle available. you basically get two of those per congress. so two for the 117th congress. there has been statements by house speaker nancy pelosi where she indicated she want to do it by the end of this fiscal year which is september 30th. that is where you get this train wreck coming together of maybe putting together the bill the keep the ghost open, raise the debt ceiling, the bipartisan infrastructure bill, hurricane aid. you see where you get four or five things mangled together, we don't think how that is going to go down. why people like joe manchin and others see there is no way to get this done by the end of the

month. that is where you might have problems with progressives in the house if they voted on the bipartisan infrastructure bill and then maybe it is mid-october, late october, november. they're going to say wait a minute, where is the vote for us for the big $3.5 trillion bill? getting those two wings of the caucus together, that is very challenging for democrats because they say wait a minute, did you veer in the direction of the moderates just to get the infrastructure bill done? that will be critical toward the end of the month. neil: one last question, you've been very patient, on those moderate democrats particularly in the house, who are now pushing hard to include you know these, the salt figures and limitations on state and local taxes tucked in supposedly into the 3 1/2 trillion dollar package, i don't know if they threatened they will not vote for the package if they don't get that but where does that stand? reporter: that will be a big issue right now to see what actually gets into the bill when you have these high-tax state democrats from new york and new jersey who say we have to

have that deduction in there but then you start to wrestle with revenue, maybe revenue falls off, you lose a pay for. you have people like alexandria ocasio-cortez, the democrat from new york city, who says, wait a minute, this was a giveaway to the rich. we think that those deductions should not be put into this bill, so do you start to have attrition depending what is in and what is out with s.a.l.t. between different wings of the caucus? when only have a three-vote turning radius in the house of representatives, virtually none in the senate, you see the challenge of trying to thread this needle. i don't know how they hold those sides together unless they promise them other things in the bill, each side is willing to take it on the chin on particular issues. neil: chad, got it. thank you for explaining all that to me. chad pergram. i want to advance this with my friend, jonathan hoenig, market soothsayer he is. here is what i'm beginning to piece together, jonathan. i don't think this will happen,

talking about the 3 1/2 trillion dollar package and my question for you is, how would wall street react to that? because it liked all this government largess coming its way whether it adds to the debt or not because it is stimulative, they like stimulus, they will take it any way they get it. conversely means delay in tax hikes they're not too keen on that might offset that but how do you think the street responds to this not happening? >> fundamentally all this taxing and spending is bad for the markets and bad for the economy long term that being said, neil, market shrugged off any bad news from the sliden election on down for months now. i do think that trend is starting to change. i'm reminded of that famous song from the birds, from the bible as well, to every thing there is a season, turn turn. think about it, neil. the market is up for seven straight months. we're in september, historically the weakest month of the year.

you say we're not red or blue, we're green and most stocks are actually down already, 10% of all stocks are actually corrected by 10% or more. over 90% of the s&p 500. we have a lot of stocks already lower. it is just the big fangs holding us up. i'm leery about this market. washington is just one reason why. neil: you know, technology stocks is in an interesting performer, sometimes on a big up day of the markets, you will see technology stocks under pressure. they are again today, when market is under pressure they somehow are fighting that trend, of late selling more than buying seems to be the path of a lot of these technology titans. what do you make of that? >> neil, they're really the market. in the last quarter, without those technology titans as you said, the s&p 500's 4% gain would be halved. they're carrying the rest of the market. the concentration of s&p 500, the amount that is allocation to

this big few names is as high as ever been, even as high as 2,000. back then stocks like exxonmobil, cisco, ge. those were the big names. these days amazon, microsoft, once again, apple, google, those are the big concentrated names in the s&p 500. remember what we saw in 2,000. i think that is the worry once again. we've come too far, too fast with the selective few numbers of names. neil: let me flip it around, somehow another democrats are able to get this done. doesn't seem likely to me, but what do i know. a lot of those tax increases they're kicking and get done as well. this goes way beyond, as you know, jonathan, some of the original tax hikes we were expecting, returning the top rate to 39.6%. raising the corporate tax rate. back here looks like something closer to 26 1/2%. but it could mean the top rate with surcharges and surtaxes on the well to do could climb well over 50%. if you live in a new york or

california, you're well over 55, 60%. play that out. >> well, i mean, the misnomer here is that tax on corporations or on the so-called rich is paid by corporations and so-called rich. it is paid by in effect by the economy writ largest specially for example, workers at those companies, those corporations who then have to either lay people off or they don't get the raises they otherwise would. we're in a situation where inflation is running wild. people are paying more for groceries than making in terms of income at their jobs and what government is doing, what the biden administration is doing, neil, spending more, taxing more, like adding fuel to the inflationary fire. ultimately the poor guy. the rich guy can ford a cup of coffee or groceries, the person of smaller means pays for it with inflation. biden says tax-and-spend, tax-and-spend, blame the so-called wealthy in the end. neil: jonathan, you never paid

your fair share. they're following you my friend, looking after you. >> i'm sure. thank you. neil: you ever wonder what is a fair share, i asked every single politician uni can think of, what is fair share. they never say. more than they're paying now. that is the gist of it. we have more including the president's crackdown on those who refuse to get vaccinated. a lot are looking at federal mandates on this front. a lot of governors are responding by saying we'll sue, after this. ♪.

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♪. neil: not too keen called mandate out of the federal government when joe biden is pushing for more people to get vaccinated and controlled maybe through osha, to make sure businesses comply with that. that is step too far for good many of them. that is taking up with

george p. bush, of course the texas commissioner running for attorney general in the state of texas. for time being i want to go to edward lawrence whether the white house is getting worried about the growing, it is an army now of people, governors and attorneys general not keen on this. reporter: digging in even more believing this is the route you have to take, 11 governors starting to say, hey, we're going to look into lawsuits and legal action through osha. the president saying this isn't about personal choice or freedom. the governor of mississippi agrees, he is one of the governors. look at this. >> if he wants this to occur, he ought to get the congress to pass a law, it may still be unconstitutional but at least it wouldn't be one act by one person who is overturning something he said he would never do. he said that in the campaign. he said it for the last year and

shouldn't be doing it now. reporter: this morning the surgeon general said the president would not propose this unless he thought it was vital. the surgeon general thinks it will hold up in court but former white house physician, turned representative ronny jackson says this is another case of a democrat forcing things on people even though some of them will not do it themselves. >> isn't that interesting, they don't mind telling everybody else in the country what to do but don't want to follow the rules themselves. we've seen that over and over with this administration, with democrats in control, taking personal freedoms away will not get the job done. this will make people more aggressive about not getting the shot. reporter: administration looking possibly to expand this mandate, dr. anthony fauci saying he would support a vaccine mandate to travel via air, administration, white house, not saying no to yes. not saying yes, but not saying

no at this point. back to you. neil: thank you, edward lawrence at white house. brian claypool, civil rights attorney who knows legalities of all this, just a very basic, dumb question, does the president have this authority to do this? >> well, neil, good to see you again. that is not a dumb question at all, because sometimes there is no law in place. the law isn't always black and white. make no mistake about it, with this situation, with this pandemic, we don't have an existing law cast by congress dealing with mandated vaccines? so that takes us into a new realm of a valuations since this is so novel. that is, president biden now relying on what you mentioned osha, occupational self, safety and health act t was enacted in 1970. now arguably biden can rely on osha and because there is what is called an emergency provision in osha that allows a president

to create a mandate like this, if, people are in grave danger of of a particulate or another matter that might cause them harm. republicans will argue, there is no grave danger here. there is no empirical data for people in grave danger. neil, at end of the day will depend on what jurisdiction you're in too. there will not be uniform rulings across the country. i'm in california, if this is charged in california, biden mandate will be upheld. if it is in texas, probably not. neil: so i'm wondering if the long term direction of this is such that the president, let's say legally loses this argument, maybe he intended that to be the case and that this is a strategy to in the interim get many people vaccinated as possible to make this all a moot point? >> great point, neil, because

president biden just wants to win the game. the game here is not a permanent vaccine. this isn't a three-to-five year gameplan by president biden and department of labor. this is a short-term gap measure. what you're alluding to is correct. for example, if somebody wants to challenge this mandate, by the way, the governors that want to challenge this through a state attorney general, they will run into an issue with standing because i don't believe an attorney general has standing to sue. it will be the employers that are required to have employees vaccinated sue. but at the end of the stay even if this is six months down the road, or a year down the road, before these cases reach the united states supreme court, the purpose of this mandate will have likely been accomplished and that is, to have millions of unvaccinated people get vaccinated. neil: brian, thank you very much. you made sense of that to me. that is a tough thing to do, to get you there thick skull.

brian claypool, civil rights attorney. much more powering of the government, how far it can push it. by the way back and forth how far the government goes, heard it apple stock taking it on the chin, the judge ruled in favor of epic games, apple gets too proprietary with the app store. it has to loosen things up to allow third party efforts, to find own paying mechanisms. getting in the weeds here. one thing the judge said in that same statement in a quasivictory for apple. not behaving as a monopoly, not a monopoly. epic is focused on that, wait a minute, that was the promise of our entire lawsuit that we think apple behaves like a bully and we're going to appeal you, judge, even though we technically won with you, judge, we want to win the whole kibosh. amazing. more after this.

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♪. >> i don't think the fact our forces are withdrawing, one, we're noted withdrawing, we're staying. the embassy is staying. i don't think it will be happen something that happens from a friday to monday. so i wouldn't necessarily equate the departure of our forces in july, august, or by early september with some kind of immediate deterioration. neil: you know the damning thing about videotape, digital tape these days, digital tape, digitized it comes back to haunt you. we all have it. these are the kind of comments that secretary of state antony blinken made in the weeks and months ahead of our departure from afghanistan going to no doubt haunt him when he testifies before congress today on what went wrong with that afghan withdrawal and our troops

leading the country. congress wants to get to the bottom of it around the house today and the senate tomorrow and get read from fox congressional correspondent aishah hasnie when the secretary of state could be in for. hi, hi. reporter: i am glad you brought up that rank clip with ranking member michael mccaul. what he said in the tape turned out not to be true. he will bring up the testimony in today's hearing. blinken will appear virtually in front of the house foreign affairs committee at 2:00. both republicans and democrats are expecting to fire off questions over the role the state department played over the very chaotic withdrawal. the department denying approval for chartered planes to land at the department of defense bases. now democrat frustration as we've seen over the past couple

of days, over the evacuations has been bubbling over but pay attention to their strategy today in this hearing. last week we heard from senators chris murphy and chris van hollen, members of the senate foreign relations committee. they want their tuesday hearing to focus on the past 20 years, neil, rather than just events that took place in august with murphy even going on to say hopes republicans, don't quote, turn this into a circus but ranking member mccaul told me he is ready to hold blinken's feet to the fire. >> time for that, lessons wasn't learned last 20 years, we certainly made mistakes in foreign policy and we'll address those for but purposes of today, we want to know what went wrong, went so bad so quickly in a matter of months. there is a lot of questions, there is hard out time of

5:00 okay and members will have five minutes each to get questions in. neil: i wonder how much is devoted for question and how much time for answer? i turn the clock myself when i watch these things. ashiah, thank you very much. in middle of all this, north korea is launching more cruise missiles. greg palkot in london with more on that. what are they up to? >> you're absolutely right, neil. more foreign policy headaches for the biden administration. test of a long-range cruise missile over the weekend. analysts say it is the countries first possible such weapon with nuclear capability. the missile said to have flown 1000 miles, that is enough to target installations in the region including u.s. bases. whether unclear kim jong-un has mastered the technology needed

to have a small warhead carried on such a missile. he said earlier this year that this is one of his top goals. he was seen last week in pretty good shape, trimmed some weight, presiding over a parade of the anniversary of the country's finding. the parade stressed mostly civilian aspects of the launch was more for a domestic audience and south korea which is doing its own weapons testing lately. biden administration talking with pongyang in washington so far showing little progress. the last time the leadership of north korea and the united states got together was june 2019 along the dmz. that was with leader kim and former president trump. seems like a long time ago. back to you. neil: yeah, certainly does, greg, thank you very much. greg palkot on that. go to the buy who played a key role as national security advisor to dick cheney, talking about john hannah. i think i'm imagining it, but seems to be a lot of current

worrisome events and china getting as aggressive in the middle east again. also threatening to bring ships into our waters because we bring ships into theirs, even though not their waters, a lot happening concurrently. what do you make of that? >> i think you can't extract the afghanistan fiasco from any of this, neil. certainly in the case of a north korea, they have got every reason to at least raise the question in their own minds how much staying power does the biden administration have. north korea's ultimate goal to get the united states to withdraw of 29 years from the korean peninsula, so he can coerce reunification with the south on their own terms and there is no doubt, a lot of south koreans are worrying if it could happen in afghanistan after a 20 year long american commitment of blood or treasure, what is to stop it from

happening here on the korean peninsula if president biden gets tired or north korea's nuclear arsenal becomes too threatening, us did the united states really want to exchange san francisco for seoul in a nuclear exchange? i think all of these things have got to be seen as potentially connected. neil: so switching back to the afghanistan hearings taking place on the hill about an hour 1/2 from now, a lot of people, democrats, republicans as you know, want to understand how did the administration not appreciate the magnitude of the threat there. now the administration said it did appreciate the magnitude. want to get the troops out, this would have happened no matter when we pulled out. i don't know if they will find, certainly the secretary of state will find receptive audience on either side, what do you think? >> it will be a long hard slog for the secretary on capitol hill today. he is under a lot of pressure that people really want his head. they think the secretary of state ought to be resigning but

they don't have any good explanation, neil. i was on this network a day after president biden gave his speech in july or his press conference saying that there was not going to be a repeat of saigon, that the afghan army would hold against the taliban. i was on a day after saying it is one of the disdisingenuous statement as president of the united states ever made because we are in real time watching the complete collapse and unraveling of the afghan security forces. within a month later they were gone. the taliban was back in kabul just before the 20th anniversary of september 11th. there is a lot of questions that the biden administration is going to have to answer. i don't think they have any good responses to make unfortunately. neil: yeah. you could be right. it will be interesting watching though. john, thank you very much. john hannah. the senate will take up the same

argument tomorrow. one key player senator mark warner, what he is says it at stake for of the administration, secretary of state, all the threats are popping up around the world suddenly and in harmony. that 3 1/2 trillion dollar humanitarian human infrastructure package. seems the senator has serious reservations about that as well after this. ♪♪ we'd be closer to the twins. change in plans. at fidelity, a change in plans is always part of the plan. before discovering nexium 24hr to treat her frequent heartburn... claire could only imagine enjoying chocolate cake. now, she can have her cake and eat it too. nexium 24hr stops acid before it starts for all-day, all-night protection. can you imagine 24 hours without heartburn?

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♪. >> this is coming down to the wire, neil. the, larry elder campaign has several campaign stops today in southern california including this one in monterey park. governor newsom will actually meet president biden in sacramento later today. they will do an aerial tour of the calder fire and go to long beach. republicans are making this as a

referendum on the governor. democrats say this is a national election. they're running more against donald trump an than it is larry elder. they say the consequences of elder as republican governor of california, unwinding of mask and vaccine mandates which majority support. reversal progressive policies on climate, voting, women's rights. governor newsom ads featured prominent liberals, senator bernie sanders, elizabeth warren, barack obama and he called out governor desantis of florida and governor abbott of texas as backwards extremists and warned that if elected elder would follow the same policies. >> we have democracy in this country because of trump and trumpism. we're better than this moment. we're better than the last four years than trump or trumpism. vote no on this. reporter: neither candidate appealed to the centrist independent voter. it is uphill climb for any republican. democrats out number republicans

here by 11 million to six million. elder has tried to say newsom is a failed governor of a dysfunctional state, high taxes, failed housing, high crime, homeless crisis, lack of water, energy, and even polls, a third of democrats say newsom, see newsom as a hypocrite. >> we have barack obama cutting a commercial for minimum. bernie sanders who owns three houses cutting a commercial for him. senator warren cut as commercial for him. nobody utters the following words, gavin newsom has done a fine job for the people of california. reporter: so the newspapers, neil, here, every major newspaper up and down the state except for of the "orange county register" has endorsed governor newsom. that is the challenge if you will for larry elder as we're looking basically the last day of campaigning before tomorrow's election. neil? neil: thank you for that, william la jeunesse in california thank you very much. go to senator mark warner on

this and so much else. the senator, senate select intelligence committee, banking, housing urban affairs. two of the biggest issues, afghanistan, what happened there and 3 1/2 trillion dollar budget that democrats are trying to push through by the end of the year. he will be a principal player in both. neil, always good to have you,. >> thank you, neil. neil: we talked briefly about this important testimony today from the secretary of state antony blinken and many have been arguing for his head, that the guy should resign. that there seems to be a push to fire somebody in the white house for its handling of this whole thing. how do you feel about that? >> well, neil, let's go ahead and give secretary blinken the chance to make his case. i know he will be in the house today and the senate tomorrow. i can tell you from where i sit as chair of the intelligence committee we are going back and

reviewing all the intelligence leading up to the pullout. i have got real questions. for example, why was there not a break the glass plan, that could have been implemented in the last eight or nine day as provincial capitals started to fall? why did the administration still put any trust at all in the former afghani president ghani who appears pushed back against the american and other nato allies request to try to consolidate their forces to protect the capital? so i have got questions that need answers but i also think we need to acknowledge that our military really rose to the occasion. the fact we got 125,000 individuals out of afghanistan. that was an historic airlift. obviously the tragedy of the bombing a couple days before the final pullout where we lost 13 brave american soldiers was a great tragedy but we had even

seen in the absence of americans, last seen because last couple days because of health reasons taliban continuing to allow people to leave the country. this is a very tricky balance. i don't trust the taliban at all but we still do have an obligation to get additional folks out of afghanistan. i will be anxious to hear what secretary blinken has to say. i will be having my committee having a number of hearings with the, with leaders of the intelligence community. neil: senator, the administration does not seem to concur with what the prevailing sentiment the collapse of afghanistan was nothing short of a disaster, that it is on him. was it a disaster and is it on him? >> clearly getting out some of those images we'll never forget them of some of the chaos at the airport. i think one of the big guest

biggest challenges of the administration be more forward leaning tell the american people when we leave, clearly the vast majority of americans need to get out of afghanistan, should been clearer, from the whole administration getting out was not going to be easy. it was going to be a challenge. it was going to be messy. did it have to be as messy as it was, i don't believe that. i will get those questions answered for myself. then our committee at the appropriate time will make what we learned known to the american public. i said that at the very beginning. we'll follow through. neil: indeed you did. senator, do you think some of the provocative actions we've been seeing out of some questionable players including north korea launching cruise missile overnight, china, getting pretty feisty when it comes to re-engagement in afghanistan, to say nothing of maybe considering sending ships into our waters because it argues we are doing that in their waters even though they're

not their waters. you know what i'm getting at here. that they're testing president biden because of what happened in afghanistan? >> neil, i'm not sure i would make that direct connection. i would say that you know ever since president trump's failed outreach to kim jong-un we basically given him multiple years now to build up his capacity and we ought to be under no illusion that that regime is hostile to peace in that part of the world and hostile to our country and ought to treat him as such. i would argue the circumstance with china and that matter with russia as well, our constant focus on the middle east and terrorism only has excluded sometimes allowed us to take our eye off the ball in terms of where the real challenge is come from russia and china. russia in terms of disinformation, misinformation, candidly, neil, we talked many times there has never been a

economic competitor the size of china we have had to ever contend with at least, since the end of the second world war and china clearly from intellectual property theft to being provocative in the military, to candidly a level of investment in cutting-edge technology is really where we got to keep our eye on. neil: you mentioned the economy if i can go back to this 3 1/2 trillion dollar human infrastructure package, you expressed some concerns, a lot of people focus on your colleague joe manchin you know, kyrsten sinema but there does seem to be a growing number of crucial democrats who have their, have their doubts. what is your issue with the package as it stands? >> well i want to make sure, first and foremost it's paid for. i was the guy, seems like it was ages ago, the only member on the budget committee that said to

the president and said to chairman sanders you know, any plan that is 5 1/2 or $6 trillion is way too much and cannot be paid for. i know many of your listening audience still thinks the 3.5 that i came up with is still too high. i actually, if we can pay for it effectively and appropriately without making american business non-competitive on the global stage and the idea that a paid-for package spread out over 10 years, i don't think it is going to have the kind of catastrophic effects on inflation or on other items -- neil: you think this is paid for then, senator, as it stands now, that this is paid for, with some of the tax hikes that have been considered? >> we have seen the house lay out their menu. we in the senate, i'm also on the finance committee are working through a different menu. i'm not going to support anything that is not paid for and, and i think the house has got some objections -- neil: senator, i just want to be

clear, you're right this is a house idea, where they want to raise the top rate, of course been stressed before the 39.6%, surtax of 3% of those with incomes five million or more, raise the corporate rate beyond the 25% that joe manchin wants to something like 26 1/2%, hike the capital gains rate up to 20%. that is a lot of tax hikes, senator. does it concern you? >> i laid out that i was not going to go as far as biden, for example the corporate rate. more in the 25, 26 range. capital gains at 28 where president reagan had, having 10 point differential, i can live with that. taking people like me back up to 39% makes sense. making sure everybody who does do well actually has to pay, not avoid that 3.8% obamacare tax. i think that makes some sense. i think there is a way, one of the things that the 2017 tax cut did it took american business

from anomaly being some of the highest taxed in the world to being far and away the lowest. i think there ought to be midpoint in between that keeps us competitive. neil: all right. >> i think part of that is secretary yellen needs to give us goal of global minimum tax. that will go a long way as well. i hear the music. my time for me to tune out. i hear you. neil: we're rude, aren't we? senator warner, thank you very much. we'll have a lot more after this it's another day. and anything could happen. it could be the day you welcome 1,200 guests and all their devices. or it could be the day there's a cyberthreat. get ready for it all with an advanced network and managed services from comcast business. and get cybersecurity solutions that let you see everything on your network. plus an expert team looking ahead 24/7 to help prevent threats. every day in business is a big day.

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neil: after talking to mark warner, occurs to me, jon tester of montana and arizona kyrsten sinema have reservations of the 3 1/2 trillion dollars package. some of the cost, over the taxes all know as things stand now after this. that building you're trying to buy, you should ten-x it. ten-x is the world's largest online commercial real estate exchange. and it's fast. if i could, i'd ten-x everything. like our lunch.

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neil: welcome back i don't know whether they do this by where you live, new york city restaurants have to make sure and small businesses that those patronizing them have been vaccinated, they cannot sit down and eat a meal unless they offer the proof, and new york city the deploying inspectors to make sure they are doing so. these guys have a lot on their hands as it is. lydia hu in new york city on how that is going, these guys to show up. >> that is exactly right, today enforcement begins city inspectors are expanding out five bureaus showing up to businesses like movie theaters

where we are, restaurants, gyms, making sure that the owners have a policy in place where they can check the vaccination status of their patrons, if businesses are not checking they could face a fine of $1000 that could escalate up to $5000 of repeat and fractions this policy has been in place for a month and the owner of this movie theater says he's turned away the unvaccinated customers and is getting a wide range of reaction, watch this. >> some people threaten us to sue us because we are this and that and were discriminating but the bottom line we did not approach the mandate, we have to do it because we know the alternative is to shut down our economy. >> enforcement of new york city mandate begins days after president biden announced the

requirement that companies with more than 100 workers mandate vaccines for staff or require weekly testing this new york city mandate will apply to businesses with fewer than 100 workers and drawing iron from new york state restaurant association which says not only does this new policy excluded testing option like the one included in president biden's plan but the burden is once again on our employees to police our guest, there has to be a better way, there is also a lawsuit filed last month by a group of restaurants challenging the vaccination mandate but on friday a judge tossed out the lawsuit based on particulars of how the lawsuit was filed, what was interesting and the judge's opinion it does not find the vaccine mandate policy eagerly sound, she questions whether the city had the authority to issue given the state has not issued a

vaccine mandate policy like this it leaves open the door for the question it'll be interesting to see if other groups pick up the challenge and file another lawsuit. neil: thank you very much for that, it's not just a restaurant who have to put up with this, the co-ceo of forever floral and i imagine this is one pain you do not need, how are you dealing with her? >> businesses were really surprised we don't frankly see it as something that small business should be enforcing when it's a guy the under government and public health policy. neil: how do you handle this, it is a requirement and now they have the inspectors running around making sure guys like you are doing so, what do you do? >> as of right now were waiting for more clarity of the policy and what it'll look like, it is

a little bit confusing, it really reminds of of what the loss of administration did with tariffs over night little to no prior notice. a little added up the details would've been appreciated and helped quite a bit. neil: it is probably easier in the case of an inspector going into a restaurant to check that all patrons have been vaccinated or that the restaurant is check that they have been vaccinated it's a little different with someone going into a floral shop, how could you possibly start dealing with that and then asking someone when they're about to bite something or look at something let me see your vaccination. >> what do you do. >> were lucky that nothing like that's been deployed yet, we do primarily retail and as far as a policy and how much it impacts our employees we are obviously

following cdc guidelines very carefully and we endear the costs associated with over the last year end half now. neil: you are not worried or you're thinking about what's going on in new york and elsewhere that this could go national and there's been a push and light of the virus spikes we've seen in this country to really clampdown on this sort of thing, if this were to go national, without worry you? >> absolutely, obviously we have people on our team who are not vaccinated the majority is 30 years under age a low risk group and for one reason or another they have a been vaccinated. obviously it would make it easier if everyone did give vaccinated and it would help us avoid the work and testing our employees on a regular basis but that's effectively where we at

we are concerned in working on figure out how to solve this. neil: hopefully that does not happen but thank you forever for floral co-ceo. businesses of all sorts are dealing with the reality, spikes in cases some responding in their own way in the case of the food industry and restaurant industry shutting down dining rooms or not allowing them to reopen because many have not reopened throughout the pandemic. lauren simonetti on that side of the story. >> restaurants were hit by a double win me you have delta and the extra on employment benefits that expired last week, the national restaurant association finds one in five americans no longer dining out, reuter says mcdonald's told its franchisees to close the dining rooms when

covid infection spike in certain parts of the country, other change check for light or blaming a hiring crisis for pushing them to closer dining rooms at least three chick fillets and alabama had to do so because they did not have enough staff if you look at restaurant and bar employment last month the drop nearly 1 million jobs lost during the pandemic. the restaurants were hopeful that vaccines would keep the tables turning but if you look at data from open tables there still 18 states include california, colorado, north carolina even louisiana where diners must wear masks indoors vaccinated or not. i did mention inflation, that is another killer for the restaurant industry, one example i just bypass the me island the grocery store, the wholesale price of chuck shoulder up 115%. neil: the auto be a law against that.

unfortunately the healthier things have gotten more expensive to, your kind about a wash on that. >> don't eat, that's the best diet. neil: don't go crazy it's always the thin people to say that, key advisors group co-owner, she was kind of touching on the price hikes are real and we get word out of kroger another 2 - 4% uptick in the grocery store prices well into the second half of the year and some of them are eye-popping looking at 14% year-to-date and 4012% poultry, 6 - 8%, were we going. >> we've been saying to our client that we did not think inflation was transitory and this is a clear example of that when you look at food cost, housing cost, energy cost and to put gas in the tank, these prices are not going to come

back down in our opinion anytime soon and looks like they will continue to inflate even if they stopped inflating from here and stayed at the level that they are at, it's a headwind for the consumer that the consumer spending numbers on discretionary items over the next 12 months will look a lot different than lost 12 months. as an investor as you look forward into next year you have to expect deceleration of gdp on 70% of our economy based on consumer spending. they can tell us whatever they want to tell us in washington but inflation is a problem and it's not a head state and if it continues at this rate it's going to be a major problem. neil: i remember well your notion that inflationary spikes are rarely temporary, history suggests quite the opposite, you are seen and goes beyond price hikes look at the airline industry to accompany telegraphing slowing revenues

throughout the rest of the year, a lot of that is separate from prices the pain in the neck, the virus and all the rest, but it is extending into other areas not be opening up their wallet as much, i'm just wondering what the fallout is and how you see the year progressing and into the new year. >> we do think this year is going to be fine but this is how it normally happened to see slowdown in areas like the airline in the delta variant has not helped but also cost of airlines from 12 months ago are significantly up, were not very bullish on the economy for next year we think we will cd celebration on gdp over the upcoming quarters because of this inflation and look at housing, rent moratorium has just come off you will see a tremendous amount of eviction and rent increases that could hit 7 - 10% on top of housing

cost is not a rosy picture for the consumer as we look over the next few quarters. neil: what is the one stat that you look at i know there's a gazillion, you could look at consumer sentiment in the index and how things are very not real estate wise in the country but is there one telegraph something or signal something to you and you recommend we should not pay attention to. >> you are right it's a lot of factors some of the things that were looking at now is it really housing, housing has such a big impact on the overall economy, we saw that in 15 years ago when we had the housing crisis, right now our concern the housing prices have gotten so high in some areas it's cheaper to rent than it is to buy that the big red flag on the consumer side and of course energy cost, i think we need take a look at gas

prices we don't see them coming down in the near future, again the fed can do whatever they want on cpi but when you look at housing and food and energy cost that's what affects everyday people on more than anything no one will tell them that the cost of living has not gone up. you have to be able to be forward-looking and see that they will have a negative impact on the economy. neil: thank you i think, i always learn a lot, following all of the developments for consumers, they may not be your friend on this price front, in the meantime the fallout that the talk that democrats have on hiking taxes, just really focused on the rich and the wealthy but if you focus on who they're targeting, other folks are targeting them as well and high tax states the top rate now is north of 60%, i did not make that up, 60%, charlie gasparino

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neil: a top rate of 39.6% but what they leave out 3.8% medicare, obama health care plan related tax that remains and other taxes that bring it closer to 44 - 45% now sir, taxes on multimillionaires and another 3% there raising the cap gains in a separate issue there when it comes to income and what they're doing, very pricey minutes of polities and states that seem hopeful to tax like california and new york and we see this play out in other states as well where the sir, taxes bring the top rate north of 60%, that is right 60%. charlie gasper rios spell it out. >> it's pretty remarkable, this is all being thought about it the proposal by the biden

administration and the democrats in congress to get to the $3.5 trillion spending package and needs to be somewhat paid for and they're doing it through massive tax increases, what's interesting about this in the past such taxes, if you lived in new york you could deduct state and local taxes from federal taxes so the tax increases would be as onerous, you cannot do that now in the biden plan to pay for it all at least as of now there is no salt deduction from what i understand. what is going on is business groups, private equity groups are going out there and meeting with republicans who agree with them and moderate dems and their pointing out if you vote for this package you are going to screw people, your own voters in new york, new jersey, california, connecticut, high tax that have state income with surcharges, new york city estate

income tax and a new york city income tax on top of all of this it is going to expedite people leaving the state. another interesting aspect that involves private equity, private equity get the tax break on profits is called carried interest deduction the carried interest profits are taxed at a capital gains rate after three years if you hold it for three years to get the lower rate the democrats want to move it to five years with private equity the same moderate democrats and republicans carved out of this whole thing real estate, real estate still has a three year holding period not the five-year but everybody else gets the five-year weather pointed out the biden administration to its donors in the real estate industry a lot of them are democrats and they're looking to protect them on the aspect, you're getting here a lot about that and what's fascinating about the private equity and the

carried interest, somewhere donald j trump is smiling because initially when joe biden was talking about the tax proposals, this is behind closed doors when he was running what would animate him is how his opponent donald trump made so much money because is a real estate investor on the real estate perks, tax perks and now he's literally calling out for real estate, he is lessening the holding period from 5 - 3 drawing donald trump a bone, this is fascinating stuff and it's a proposal, we will fight about it and read about it and if joe manchin does not go for or kyrsten sinema and if democrats and blue states in congress don't go for it because there is no salt the doctrine, obviously this will not happen, back to you. neil: one way or another it's

about time you pay your fair share. >> i've been paying my fair share since -- i have a team of tax attorneys going through my taxes. neil: the new york yellow pages. thank you very much. oil associates president the oil markets, oil is up now over $70, we are back to where we were in the middle of the summer, what is going on. >> the latest is the after effects from hurricane ida where it is two weeks later we had 50% of the u.s. gulf of mexico production still shot in which is about 900,000 barrels a day. neil: i would be curious to get your take would we be in the situation where were begging opec to ramp up production in

the holdings of these opec countries had we kept the production we were doing in the early part of the year going, i'm not saying anything against wind and solar, do that if you want but not at the expense of our own production which made us quite energy independent, what do you think. >> opec plus continues to like these higher prices, what we seen in the u.s. is policies that are discouraging oil production whether it's from lesser amount of drilling permits to make it more difficult for gulf of mexico production going forward and as you been talking about inflation and energy prices have been going up the biden administration has turned to opec plus because that's the supply of additional oil to the market. neil: do you think the demand, i talked to experts who worry

about consumer experience sentiment of the early retail sales figures, may be tired of paying the high prices at grocery stores and what have you that they will slow down in the demand for oil begins to slow down, what do you think of that. neil: i think oil demand here in the united states has peaked it's really big did that most of the consumers is very difficult for them to cut the use of energy especially gasoline unless her staying at home and of course will have a structural change and a lot of office workers will be working from home not full-time in the office but the consumer should actually look at the other part of their energy bills being natural gas because natural gas prices have been on a tear here lately up about 25% over the last couple of months and 40% of the electrical power generation comes from natural gas and many homeowners are using natural gas

for heating during this upcoming winter season. neil: we will keep an eye on it, good to catch up with you, oil over $70 the barrel it's the highest since early august, george p bush coming up the texas commissioner, he is running for attorney general in that state all at a time when texas has been in the news the mask mandate approaching tropical storm a lot of stuff to go over with him after this. ♪

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>> this is unprecedented assumption of federal mandate authority that really disrupts

the country. >> we will stand up for people's freedom and livelihood and would biden is violating the constitution will be on the front line with the response. neil: it is spreading among republican governors attorney general challenging the president with mandate requirements that go beyond his federal authority, rich hudson keeping track of it all. >> those governors and attorney general joining the republican national committee they plan on suing the biden administration over the vaccine mandate and it announced last week, those governors 11 of them in total have suggested some type of legal challenge to the vaccine order including georgia, south dakota, arizona, missouri and nebraska on "fox news sunday" chris wallace asked nebraska governor if the same schools can require other vaccines, why not a broader vaccine mandate.

>> there's a lot of people who don't know how who to trust by having the board under government force it you not building the trust with the vaccines, is in the process going to take time to bring people along and that's why the personal choice and not something mandated by the government. >> last week president biden announced all companies with 100 workers require their employees get vaccinated or submit to weekly covid testing he also unveiled the mandate for federal workers and contractors and one president of the administrations of the new policy is well within the president's authority. >> the covid-19 wrist is a dangerous virus and makes her workplace in schools less safe than they should be so this is an appropriate action that we believe in from a public health perspective most important to keep workers safe and that will ultimately help our economy as well. >> the white house says they will be limited objections for

those who want to opt out or can opt out those exemptions will be based on religious exemptions or disabilities. neil: rich hudson thank you very much. we want to get the reed on this from george p bush the texas lane commissioner running for texas attorney general state attorney general ken paxton against two he's running pushing to challenge some of the vaccine mandates. commissioner good to have you. >> good afternoon good to be with you. neil: are you for the attorney general challenge to these? >> i am because the constitution is very clear that the president cannot wave a magic wand and compel states let alone businesses to force people to have vaccines, it's a fundamental difference in philosophies between the two political spectrums and is attorney general i would carry on this litigation to make sure states, communities, localities

and individuals have the choice, parents and schools have the choice rather than government in washington, d.c. neil: if you became the state attorney general, do you think challenging and administration and were up to a dozen ag's looking to do that. and it goes anywhere, maybe the president that this is a real possibility but hoping in the meantime people get vaccinated and get them to do and even if he loses illegal because by that time the problem goes away, what do you think. >> i think it's important to seek injunctive relief and stop the mandate requirements, depending on what states are in texas relationship so it's very difficult to challenge a corporation from saying to their employees that they required to

get tested or vaccinated with the big difference in this case that is be brought by the attorney general the government entity let alone the president cannot issue an executive order and unconstitutional grounds to define the authority of the government by waving a magic wand that's not what the founders intended when they instructed the beautiful public that we enjoy. neil: the attorney general you stood out in your family and supporting a president trump, he is a key part of campaigning early on that you agreed with his policies even though is quite critical of your dad and your unlocked door indians of supporting kickbacks but not you, how did you feel when he announced that. >> to be honest with you a lot of texans at already know about

ken paxton's legal challenges and wouldn't be surprised if he was forthright about the challenges whether an fbi investigation for charges related to bribery in an abusive office. i feel like that is ultimately what led to the decision, president trump also said he likes me a lot and he likes the vision and the policies that i presented as land commissioner, we work together from hurricane harvey relief in texas a most devastating storm to pushing back to the oil and gas industry the lifeblood of our economy in the state of texas. that relationship is still there in my campaign is going to be felt this type. neil: is a really donald trump endorsement came even with these allegations and charges out there against mr. paxton and i'm just wondering when you went out on a limb and had some family

disagreements as a result, i'm not trying to get personal with how the family gatherings went but did you feel hurt by that? >> no i did not because this is issues that affect everyday texans. one endorsement i'm proud of is the national border patrol council this is a 19000 border patrol agents that keep a watch on the southern border as you can imagine illegal immigration is one of our top issues in the state of texas, law enforcement is rallying behind my campaign in the county sheriffs, constables, first responders and what a way to honor them this past weekend even in texas where we welcome some of the survivors from the fateful day that you reported on 9/11. it's the texas spirit politicians that find exceptions, i think it'll eventually lead to the winning campaign. neil: interparty challenges are very tough as you know and i'm

just wondering how this is going and whether the republican party in texas or regardless of the outcome you move on, mr. paxton moves on but if it doesn't work for you, where you go. >> regardless i'm going to focus on ideas in the free market principles, that's what attracted me too run in the first place and as a military veteran who served in afghanistan i have ran as land commissioner to do with veterans affairs in the state of texas. i plan on winning this race and being a great advocate for conservative texas values pushing back on the biden of initiation but let's be clear my priorities of being a good dad, good husband and a faithful follower of christ, that's what matters most. neil: you were mentioning 9/11 in the remembrance there as we look back 20 years, your uncle

former president george w. bush came under the criticism for his speech in shanksville, pennsylvania which he seemed liked after that day january 6 attack on the capital and for example saying that it soured the national debate, what do you think of that customer. >> i obviously love my uncle i think he was a president and the naval intelligence officer who served in afghanistan and as an inspiring politician is attorney general i want to focus on the challenge of phase us as texans and as americans we have seen threats from antifa against symbols of freedom in texas and the alamo which time the day-to-day manager of but just this morning we saw a report that the so-called former leader of al-qaeda the current successor is now alive and that

surprised the entire intelligence community. neil: we don't know for sure if he's alive, i know what you're talking about but there is some doubt whether the timing of the video that came out which he was commending an attack going back to january he might've been alive then but he made no reference to the tumbles in afghanistan cents. but you're right that did come to light and raise the question that we guy the thought was dead is alive, if he is indeed alive what does that mean to you. >> and presents a challenge we have a significant american present throughout the middle east and in central asia and some of our partners in asia as well. those folks remain targets. we have a soft and porous border for anybody that is planning an attack they would look at that as a weak point in a vulnerability in my point is that we went to the first responders that gave the full

measure into the victims of the families of greater new york and new jersey area to be very vigilant, that is a simple focus that all of us should rally around on the remembrance of the 20th anniversary. neil: one more political big picture, 30000-foot view from the sky about the future of the republican party, you of course come from one of the most celebrated families in politics on the left we talk about the kennedy family and on the right we talk about the bush family and your part of that, that your dna. but many of the republican party today say that family and what it represents, what you represent it is the rino, the republican only types who were not the real passion of the party it is a trompe l'oeil list

to our and now making their move to reclaim the white house, may be led by donald trump himself. where are you in that and as someone who commended and supported president trump, obviously your dad in your uncle, i get that, you argue what part of that party are you. >> i get support from all parts of the republican party and that's a record i'm proud of i was the top go-getter statewide in the year 2014 when i first ran, number two behind the governor in 2018 and part of the reason why am running the guy i'm running was the lowest of all republicans. my message resonates across all wings of the party young, old, hispanic, white, black it does not matter because i focus on constitutional conservative issues and issues that face everyday texans and that's what it's all about constituents

don't look as me as a bush and land commissioner, once they know my military background, it's about serving their needs, their priorities and their agenda and that typically works at the ballot box, it's a lot of work and it's easier said than done but i look forward to the campaign and will be traveling around and showing them that i'm authentic and regular right ideas for the office. neil: commissioner thank you for taking the time it's always good to see you, texas land commissioner running for texas, attorney general. in the meantime you can see on your screen the dow was up 146 points but afghanistan hearings are expected to commence in about 20 minutes at capitol hill. a lot goes back to what the administration new and wouldn't do it about the potential for complete calamity. it turns out the president was warned but by whom and how many and what about the secretary of state that will be testifying in

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geico. switch today and see all the ways you could save. ♪ sprinkles! ♪ neil: the secretary of state on the hot seat capitol hill 15 minutes will be questioned about the afghan withdrawal in the administration and when they knew it and how they could've botched it i was wonder what jennifer griffin has been following from the beginning of the pentagon and what she makes of what they want to learn and what they might learn, what do you think jennifer. >> what will be most interesting is to hear from anthony blinken himself he will be undoubtedly question as to why he did not authorize for reduction in americans and a reduction of people at the embassy and start evacuation when the u.s. military began telling him in the spring and especially in june and july that they needed

to get moving on those evacuations. if that's the biggest question and then what are they going to do to get the vulnerable afghans and those that they made promises to get out of afghanistan you've seen some flights come out of kabul there is to a large number of people that are stuck in mazar-i-sharif. he really needs to explain if they knew if afghanistan was going to fall to the taliban which all intelligence suggests that they knew by about christmas time frame that was a possibility, why weren't the evacuation started sooner and why did you trust the government to hold on when all the intelligence suggested otherwise. another interesting point, who's filling the vacuum in afghanistan, it's important to keep an eye on pakistan and china before the fall of kabul the taliban leaders made their way to beijing in late july where they were welcomed with open arms by china's top leaders

it was the highest elevation since the u.s. signed a piece to a favorite 2020 china's goal preventing terrorism to spreading the muslim population across the western border into secure copper mining rights in afghanistan and expand the road strategy giving access to a newly established naval base in pakistan. >> china is in there pakistan is plain a big role that's what happens when you leave a position that we had in afghanistan. >> president biden was asked last week whether he is worried that the taliban will get funding from china he says china has a real problem with the taliban as do russia and iran, china appears to be part of the presidents calculation and pulling all u.s. troops out of afghanistan against the advice given by top u.s. military commanders. >> the world is changing, we are

engaged in a series competition with china, were dealing with the challenges on mobile fronts with russia were confronted with cyber attacks and nuclear proliferation, to meet the new challenges in a competition for the 21st century. we can do both fight terrorism and take on new threats that are here now and will continue to be here in the future there is nothing china or russia would rather have or want more in this competition then the united states to be bogged down another decade in afghanistan. >> all of the geopolitical issues after the u.s. pullout china knows the u.s. withdraw from bagram as a sensitive political issue for the u.s. and using that to deal the u.s. leadership. >> we need to watch china i think china will make a move for bagram air force base and i

think they will make a move in afghanistan and try to uzbekistan to get stronger to go against india. >> all of these issues we expect secretary of state blinken to be asked in the foreman affairs meeting. neil: jennifer, thank you very much, ten minutes away. we will have more. [slow electronic notes fade in] [fast upbeat music begins] [music stops] and release. [deep exhale] [fast upbeat music resumes]

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professional football is back and judging by this week and the pack stadiums the ceo, that amount of your team they all had a lot of fans, didn't they? >> absolutely in the million fans took in games since thursday night the cowboys, buccaneers opener and that was the last time we had that many fans 2019, football is definitely back so our pack stadiums and we have another game tonight, the opening of the new raider stadium in las vegas. neil: that is right i forgot about that. how do you think this delayed pleasure that americans are finally able to see a football game we saw that college football games the pack stadiums that it's all back.

>> i think that you look at the nfl season ticket renewals are at 93%, obviously they are dying to get out and get to the stadium you saw the pack stadiums like we just talked about over the past four days and i think the fact that you look at a year we were basically a year of timeout during covid and looking at the ratings, television ratings are up and certainly with thursday night game was the highest rated television programming of all television since insuperable of last year in tampa. i think the demand for nfl football is at an all-time high, certainly the league is feeling very good about their position, they have a ten year agreement with the players that they just

announced $113,000,000,000.11 year contracts with all the network providers including fox and they just signed our recent partnership with sports betting legalize sports gambling companies, business is good the king of all sports in the king of media is certainly back and i think fans in the demand after what we've gone through with covid is now certainly at an all-time high. neil: let's hope it continues, good to see you getting back to normal another indication of that. we will have more after this.

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neil: all right. market more than holding its own right now. betwixt, between on some data where consumer sentiment is going but not bad. here is charles payne. charles: thank you, neil. i'm charles payne. this is "making money." breaking now, the major indices bolted out of the gate but never gained traction. the question, is the veneer of the rally starting to fade? after a five-day losing streak that was shallow but advised investors since the month of may the closing highs really masked ugly internals. we have what you need for your portfolio to be protected. we'll zero in on opportunities. democrats rolling out massive

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