to declay a labor day a holiday. lauren are, you guess. lauren: new york. they had the first parade -- ashley: susan? susan: pennsylvania. ashley: you know what? i was going to go with new york. we're all wrong, it's oregon. they passed a law declaring a state holiday in 1887. i'm on a losing streak on these trivia questions. ladies, thank you -- lauren: have a good lay labor day. neil: appreciate that, my friend. have a great weekend. we are in and out of session highs, the dow advancing about 351 points largely on this notion that we got a goldilocks employment report for the latest month of august, not too, too strong, not a too, too weak, maybe just what the doctor order ed. but, but, but not necessarily altering the path dramatically. again, we started week, indeed, if you go back to last friday, a week ago at this time, on fears

that jerome powell was outlining an environment where where not only will interest rates keep going up, but he'll hold them high longer than we thought, maybe for quite a bit longer. report might have just pierced that a little bit along with a very, very weak, in fact, tumbling factory orders report. so that's that goldie lock ares thing. here to give you a better sense of some of the data, connell mcshane. >> reporter: there, neil. even after we've had to do it for years and years, it always sounds funny to say that the big worry is that this report would be too good, right? that it would be too strong. but to your point, it was really neither one, and you did have this kind of goldilocks part of it. the 315,000 jobs added last month ended up, i would say, really many line with expectations for all intents and purposes when you do the math on it, because there was a revision showing 107,000 fewer jobs added in june and july than previously

reported. and then when you look at the 3.7% unemployment rate ticking up a notch, it did so for what we call the right reasons. 786,000 people added to the labor force. they are now considered technically looking for work, and as a result, we have this labor force participation rate at 62.4%. now, that number, that percentage is the highest we've seen since march of 2020. in terms of details and where the jobs are, 68,000 in services, you go down the list, leisure and hospitality, retail, education all adding people as well. and if we want to spend a little bit of time, which we should, talking about inflation, we did see slower wage growth, up 0.3% one month to the next and 5.2% one year to the next. both below estimates by just a little bit. that's another one, glass half full, glass half empty on that one.

if you're a worker, you want to keep up with inflation, and you have an overall rate at 8 plus percent, that's a tough equation for a lot of people still in this economy. and as a final point, neil, just for investors we've been building it up all week, this was all about the fed. that's what the investment community was looking at, and the futures market started to price many a slightly lower probability of a three-quarters of a point rate hike from jay powell at the next meeting. but that still, even in the futures market, is the most likely scenario. the best read today, at least prosecute fed's point of view, probably is that things haven't changed all that much. neil in. neil: pell put -- well put, connell. connell mcshane, chief national correspondent here. we very much appreciate that. let's go to the former labor secretary of the united states, what he makes of this latest report, eugene scalia, labor secretary under president trump. secretary, always good to have you.

i was trying to describe this report today as a goldilocks maybe type report, not too strong, not too weak, maybe -- at least for the markets today, and we still have a few hours to go -- maybe just right. what do you make of that? >> i think that's probably right, neil. i think that's -- look, this is a good jobs report. whenever i could step out as labor secretary and say we've added 315,000 jobs to the economy, that's a really good number. it's not as high as some we've seen. it's still high. ascom said, yes -- as connell said, yes, unemployment ticked up to 3.7, but what i thought was heartening in this report was that labor force participation went up. you know, .3%, which is a good move relative to what we've seen over the last few months or more. that's been one of the concerns coming out of the pandemic economy and really going even farther than that which is we still have too many people on the sidelines, and that didn't

seem to be budging. that's now budged some, about 790,000 more people came to the work force. and so i think what we're seeing, neil, is that we're still getting job gains from coming out of the pandemic economy. we still have jobs to add, but we didn't in this report, i think, see any serious recessionary impacts either. so you want to call it goldilocks, you know, that's fine. i would also point out, as you know, another important report that came out recently is the job with openings report. we still have 11.2 million job openings while we only have about 6 million people who say they're unemployed. neil: yeah. >> there is still, you know, a hot job market out will, and we'll continue to watch the impact on wages and, therefore, inflation. neil: secretary, i don't want to go too far with the goldilocks analogy, because everyone should remember she was in a house dominated by bears. that's a desperate separate story -- separate story. let me get your take on how this

is digested. we've got some sentiment numbers that that americans might retrench, you know, obviously depending on the retailer some are doing fine in this environment, others not so much. so there's some reticence, you know, popping up here and there. does that worry you, the argument that this is good, but it's not going to stay this way? >> well, i think that's a fair way to look at it. you know, when i talk to executives and talk to my clients and as they look down the road, among their concerns are the regulatory environment, you know? as you know, neil, from our prior discussions i thought that one of the reasons during the trump years that the job market was just so incredibly good was that the president was loosening the burdens on the economy. we're in a phase now where president biden is increasing regulatory burdens. you look at what the securities and exchange commission is doing, you look at the federal trade commission, the labor department is looking at a rule

to make it harder for companies to use independent contractors. i mow that those kinds of -- i know that those kinds of regulatory and hiring costs are on the mind of executives as they look down the road as well. neil: secretary, if i could just veer a little bit back to your dad, the late, great justice of the supreme court, antonin scalia with, and what you think your dad would make, first of all, on the roe v. wade reversal, but more importantly, the reaction to it and how it has galvanized certainly some democrats in key races. what do you think he would think? >> well,s you know, i think that this supreme court term, neil, it was certainly an important term. and i think it did reflect to a significant extent work that my father had done over decades which was to promote an interpretation of the constitution based on what he would call its original meaning rather than on people's policy

ideas on what the constitutional rights should be and also an interpretive method that he called textualism, focusing on the text of's and of statutes -- the constitution and of statutes. think this term is one where, by and large, that methodology had upper hand. he did not like roe v. wade, he thought it was a terrible decision and, i think, would have been pleased to see it overruled as it was. in terms of the public reaction, you know, let me say, first of all, i think it's very, very distressing to live in an environment where our judges are threatened, where there are even attempts being made on them. we have to correct that. that is a serious threat to our country can. as, you know, some of the other things we've seen over the last year or more. but, you know, one of the reasons that my father was disturbed by roe v. wade was he thought that the court had improperly thrust itself into policy decisions that belonged to the american people. and i think he would not have

been surprised, actually, that when the court pulled away and said we're going to get out of business of policing abortion rights and put it back to the american people, i think he would have expected that there would be some people who would react to that. and, you know, i think where we should be headed is back to the american people making these decisions, and, you know, when the american people take on new responsibilities, sure, i think there will be some excitement, marching the and the like, initially. my hope, his hope would have been that we return it to the political process and the court cans are less involved going forward. neil: that is, indeed, what we're doing. eugene scalia, have a great weekend. >> thank you, neil. neil: all right, gary kaltbaum and these markets in and out of session highs responding very favorably to that employment report, again, might have offered manager to everybody here. -- something to everybody here. are they overreacting, gary? what?

>> i don't think so. the nasdaq was worse 12.4%, so a bounce was going to happen. we're at some very important support areas. and the number was good. i love the fact that 786,000 people are now looking for jobs and getting jobs again. they've been out of the work force. that is nothing but a very good number. i think market may be reacting to that, but as far as the bond market, i think rates are down a little bit. that helps a little bit. and as i've said many times to you, neil, i'm just watching the 10-year yield and oil prices. if they keep going up, bad. if they start coming down, good. and recently, yields have been going up markedly from almost 2.5 to where they are now and, hopefully, it stops because mortgage rates are in the 6s, and that's killing the housing market too. neil: the 2-year particularly has dropped from that 14-year high. i don't know what that does on the inverted yield curve front,

but obviously it narrows it a little bit. but it is still telegraphing a version. do you buy that? >> i do. look, the first who quarters by definition we were in recession. i know some people will argue that. and i think what's keeping the the economy afloat is just what we saw today. and as i've stated, if we lose the job market, i think we get a deep recession, i the we get a long recession. there are so many identifying marks right now for me that i've seen in the past that indicates trouble going forward, and that's savingsing rates plunging, the market heading down. that's the wealth effect in reverse. housing prices headed down, wealth effect in reverse. credit card usage skyrocketing. and if the consumer's 70% of the economy, that is trouble that lies ahead if that doesn't change. so if the job -- we lose jobs, then we're in big trouble. but, again, so far so good. i don't know what's keeping it

afloat, but let's hope it end keeps the way it is going forward. neil: you know, we're waiting for the next federal are reserve meeting, i think, you know, september 21st, 22nd. the betting still seems to be a three-quarter-point hike. where are you on this? >> i'm at three-quarter withs of a point because i think they're forced to. just remember, none of these fedheads want to do what they're doing, but he was to. why? they're playing catch-up. there's still -- they're still at 2.3% on the fed funds with the 10-year at 3.2 and change. so they can move a point and just be in line with the markets. and the fed needs to be in line or above the markets to really fight inflation, and, you know, try and stomp it out. so, again, it's more about playing catch-up, so i do think they're going to be tough. look, all their rhetoric has been paul volcker-ish, amazingly. they went in one year from the biggest doves in history to paul

volcker-ish. i'm looking at three-quarters unless in the next three weeks interest rates come down in a big way, and i'm not seeing that happening. neil: that would be a fifth meeting at which time the fed has raised rates almost three full percentage points. that is amazing. that is volcker-ish-like momentum. gary, thank you very much. have a safe weekend, my friend. >> you too, sir. thank you. neil: this shouldn't come as a surprise, it was bound to happen sooner or later, but in an android-dominated world, most devices are kind of an destroyed operating system, at least in this country that has now flipped. if it is now an apple-dominated world. we're just playing in it. ♪

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neil: you know, my apple watch was just announcing that susan li -- [laughter] is going to be the joining us. susan: which susan? there are more than me on this program. neil: did you ever notice it'll update your steps? and mine will tell you it's 10,000 steps a day, not a week. [laughter] susan: wow. and how's the heart rate going these days? neil: apparently, it's 180, and they're giving the over and understooder on -- under on me.

we mentioned apple for a reason, big announcement right after labor day. susan: yep. heading to cupertino next week, so exciting. first time in person, by the way, this event is taking place. people are expecting four new iphones, maybe a new iwatch. maybe neil will upgrade, we'll see. you had counterpoint research today saying more iphones are used in america with over 50% market share than android. so that means more iphones are in use than all other phones combined, and that's pretty bullish heading into that event. services, we know it's now 25% of apple's $300 billion in sales each and every year. you know this event, neil, is taking place on september 7th. that's a week earlier than usual and also one day ahead of the nfl start on september the 8th, is so people are speculating we might get a surprise announcement that apple will pay $2.5 billion for the nfl sunday

ticket. neil: certainly no big secret. it would be a disappointment if it didn't come, right? what's odd about that is streaming has now gone mainstream. susan: oh, absolutely. neil: used to be the quality wasn't great, so they're digging in. susan: and if you have nfl which we know has the top 90 out of the top 100 broadcasts, that's how you drive eyeballs and subscribers to streamers. i also want to talk about the management change over at starbucks. the stock is down about 26%, underperformance. but what i found interesting is that howard schultz is picking a complete outsider to come in to lead the company. this is the guy that was in charge of lysol's parent over in the u.k., former mckenzie consultant, and he's moan as the turn-around king because that's pretty much what he did. starbucks is dealing with slowing growth, unionization -- neil: that's a big deal. susan: and they need to find growth somewhere because they've

recovered from the pandemic, but you don't find the growth as you used to. howard schultz replacing ken johnson, he's going to hand off the reins in april of next year, so there's a long, shall we say, tutelage for the new ceo coming in. neil: all right. we'll be watching. susan: and i quickly talk about lululemon? lycra and spandex, your favorit- [laughter] that new pair of leggings, neil, because a lot of people are shopping. have you looked at the stock today in up double digits. in fact, they are under-inventoried. when have you heard that in retail? that's why the stock is surging -- neil: isn't in the company with the old owner criticized overweight people? [laughter] susan: he said certain people shouldn't be wearing the leggings they make hawaii's why he's not there -- he's -- that's why he's not there anymore. nordstrom's, macy's have been

hammered because they've had too much inventory. neil: so you're saying they have a leg up on the competition decision -- competition. [laughter] neil: susan, thank you. so. in the meantime, taking a look at how the president was going right back after the maga crowd. did he go too far though? >> donald trump and the maga republicans represented extremism that threatens the very foundations of our republic. maga republicans do not respect the constitution. they do not believe in the rule of law, they do not recognize the will of the people. i refuse to accept the result -- they refused to accept the results of a free election. neil: all right, don't know what the political impact of that will be. generally, you don't want to alienate half the country, but maybe he is seizing on something we're missing here. kaylee mcghee white of the washington examiner. of i'm just wondering if this is

a deplorables moment here for him, that kind of doomed hillary clinton. but maybe he and his strategists are seeing something different here to galvanize the base. what are you hearing? >> well, biden had two choices with this speech. he could have sold the american public on his agenda, or he could do what he did which is immediately start attacking, you know, the other side of the political aisle and donald trump as extremists, and he couldn't do the former. he couldn't tell his agenda because he knows it's unpopular. 80% of country right now, including a majority of democrats, think that we're moving in the wrong direction. so he decided to make this about trump. what's interesting here is that the distinction he's drawn between so-called good republicans and so-called maga extremists is that the only good republicans are the ones who supposedly support his agenda and are willing to work with him on that. everyone else who voted for donald trump, who supported aspects of the maga agenda,

everyone else who opposes democrats', you know, spending spree in washington, they are all domestic extremists according to the president. neil: i think he's far too smart to do this, to your point, but he is seeing a surge among independents who are now tipping more democrat these days. that is fleeting and and likely -- and likely will change, but that's a group that has a dim view of former president trump. again, for the time being in the latest back and forth, in this time on the raid of his home a few weeks ago, but that he hopes to connect the trump name with independent voters who he desperately needs. it's a bit of a risky mission. what do you think? >> it is, because what are independent voters going to care more about? a former president who is not in charge of country right now, or a current president and the way that he's handling the economy? and almost all of the polls show that independent voters care a lot more about inflation and the

economic rye -- crises they're experiencing than they do what donald trump is doing. neil: i've talked to a number of republican senators, senator rounds yesterday, for example, who does worry out loud on this fixation of all things donald trump. likes the president a great deal but worries all the talk back and forth over the documents taken out of his mar-a-lago home, etc., is sucking up all the oxygen in the room and even for the party railing against the fbi raid on his home, that's less time for them to talk about economy, about inflation, about our status in the world with, etc. and he's worried about that. what do you think? >> donald trump is a polarizing figure, there is no question about that. and i think you're right that the more that republicans allow biden and trump to make this about donald trump, the less success they're going to have this november. if you focus on economic issues and the ways that biden and the democrats are driving this

country's economy into the ground, you're going to to appeal to voters who might have rejected donald trump in 2020 the and 2016. neil: we'll see what happens. kaylee mcghee white, good seeing you again. all right, to that end, this is, again, feeding the beast. and maybe one of the things kaylee was addressing where they're so focused on donald trump, even republicans, that they're getting in the way of the message on the economy that they'd prefer to get out there. but they're not helping themselves when a number of gop leaders just fired off a letter to attorney general merrick garland, fbi director chris wray wanting to know more about that raid of donald turn's home. so they're focused on that, and maybe the white house view is, keep it coming. we'll have more after this.

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neil: all right, that california heat wave is still on and getting worse, and it's complicating a whole bunch of things. max gorden joins us now out of venice beach, california, what we're looking at. boy, this looks severe what's happening now? >> reporter: hey, neil, absolutely. right now here in venice beach things aren't as bad as it is elsewhere. along the coast mid 80s to upper 90s. but inland testimonies are above 100 -- temperatures are above 100 degrees in a lot of places. comes as the entire state is hit with a massive heat wave. these dangerously hot conditions will be here through the weekend and into early next week with excessive heat warnings in effect through tuesday for some locations. californians have been asked to conserve power, governor allowing for more power generation and a flex alert in effect for the last two days with folks asked to avoid excessive electricity use between 4-9 p.m. all these efforts did seem to

work. the heat waive has -- wave has led to can critical fire conditions, the route fire closed down a section of i-5 causing massive traffic backups. los angeles county fire reported seven heat-related injuries, and even with the record heat some are still flocking to the california desert labor day weekend. we talked to folks in palm springs about the sizzling temperatures. >> you've got to find a place in the shade, a place where there's a ton of a/c, your car, who nose, or hang out by the pool. >> feels like i'm walking in a sauna constantly, nonstop. just feel it in my mouth, in my nose, everywhere. yeah, it's so hot. >> a little bit of relief when you walk on the shady side of the street, but otherwise it's hot. [laughter] >> reporter: i would say the beach is probably the best bet this labor day weekend. but no matter where you're going to be, it is going to be the really hot. and so health officials are urging people to stay hydrated, cool off in the shade and find

some air-conditioning every once in a while. neil: good ideas, all. max gorden, thank you very much. let's go to senator bill cassidy of louisiana. he knows something about heat, joins us right now out of the nation's capital. but i am curious, senator, what you make of the dilemma that californians are in right now, because this is the same state that by 2035 wants to ban all, you know, gas-powered car sales. and by then, hopefully they say, have everyone tooling around in these fancy and often expensive electric vehicles. but the grid can't handle it. and already the governor himself is advising those to cool it on charging them. what do do you make of that? >> yeah, neil, you're absolutely right. they don't have the grid, and it's unclear they will have the grid by then. in 2035, 13 years, they're going to have to permit and finance a tremendous amount of expansion in a state which in many areas

are incredibly densely populated and which has many challenges to permitting. not in my backyard is a very strong phenomenon in california. it brings to mind steve jobs' old quote that aspiration without implementation is hallucination, and you're wondering if some of those lawmakers aren't hallucinating. neil: you know, it does get back to a basic issue about the reliability of our grid, even taking evs and charging them through utilities out of the equation. we can barely keep up with things now. this is into sporadically popping up many a number of states, even texas a couple of winters ago. ooh i'm just wondering when this thing really explodes. >> to your point, it isn't that you need enough electricity to meet your demand or future demand, you need redundancy on top of that. so california has to increase both the amount that they have for what weather they predict, but then go a little bit more. right now they're relying upon

electricity imported from other states. what happens when those other states begin to put in evs and have to keep hair electricity in their state? i think the demand upon california is going to be huge, and i think it makes you have to say, stop. let's think about these plans, see if we can implement and then let's do them at a pace at which we can implement. neil: senator cassidy, while i have you here, and i was just talking about with kaylee mcghee white, this focus on former president trump and the documents taken from his home -- apparently a lot more than we earlier thought, i'll get to that later, sir, you're probably up on it more than i am -- with the fixation with constantly getting into this, whatever the justification, has a number of republicans worried that there's no talk of the economy, no talk of what's happening to our grid, to your point, what's going on with inflation and that this is sucking up all the proverbial ox general in the room. -- oxygen in the room. do you agree with that? >> i think wills a danger of

that. the -- there is a danger of that. the press is, obviously, hyper-focused on mar-a-lago. last night president biden made a speech as head of state which was incredibly partisan and really that of a political lead ore after -- the leader of a certain party. and that mar-a-lago parade allowed him to do so. if you will, it's t a shell game. don't look at the out of control border, fentanyl, inflation which, although easing, still terrible. the price of natural gases and, therefore, utilities continues to climb. and then crime itself. he's able to divert from that to speak about mar-a-lago and, frankly, the press goes along with him. neil: so do a lot of your fellow republicans in defending him, right? maybe with the best of intentions, but also keeping the conversation going. >> i think we've got to talk about, we've got to talk about the issues before that kitchen table. and if we talk about real solutions to those issues, critique them but offer our own solutions, we win.

if we're talking about something else, they're setting the agenda. neil: real quickly on that very point, senator, the president just told our own peter doocy, quote: i don't with consider any trump supporters a threat to the country. now, the tone of his speech last night, to your earlier point, was mig but. it sounds like he or people around him regret those remarks. what do you think? >> i don't think they regret it at all. he's just giving some after the fact cover. her trying to change the narrative away from the economy, away from crime, away from the border. this is part of their tactic, and later on they do a do can-over. no, they're trying to set the narrative. we need folks properly concerned about what's before them, about the kitchen table issues, about the border, and then our country will be in a better direction because, frankly, i think republicans will win. neil: you said they might endorse those remarks no matter what they're saying, that's till alienating half the country. do you think they're okay with

that? >> yeah, i think they're probably okay. he wasn't speaking last night as head of state or as president, he was speaking as a partisan political leader. neil: that's why none of the broadcast networks covered that speech. senator cassidy, have a safe weekend. >> you too, neil. neil: senator cassidy on all of that. we're following a couple other developments here, not the least of which is getting some clarification from the white house on just how far the president went in those remarks and how he is trying to dial it back, but also at the corner of wall and broad a little bit of shrinking from that runaway rally. again, these are are fast times and a market very thinly traded today,s so that could lead to it. down for the week, all the major averages. stay with us. ♪ muck

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neil: all right. an i update on those documents that were taken from donald trump's florida home a little more than three weeks ago. you might recall judge eileen cannon who is still weighing the possibility of having a special master sort of go lu those documents, that special master is going to have a lot of work on his or her hands. we're getting word since the judge has approved a detailed inventory from that surge to veal better than 11,000 -- reveal better than 11,000 documents were retrieved in all. most were not classified one way or the other, but more than 100 were classified. further more, there were about 90 empty boxes, 48 of which were labeled classified ferrell in t material -- material which means they're 'em empty now, where is that material. we don't know much more than that, but there is a sense this is much more involved and much more sweeping than we'd earlier figured. let's get the read are on all of this right now from carl say

bow, the vice president, general counsel for net choice, professor of internet haw at george mason university scalia law school. ing we don't know what those documents are about. we know there are a lot of them. but the 11,000 plus figure, that's a lot. what do you make of that? >> yeah, thanks for having me on. this is really scary. i mean, the special master's going to come in, figure out what's relevant and what's irrelevant and make sure that the protected information like president trump's conversations with his lawyers, maybe research, that stays confidential, that stays protected and what doesn't. but what really is scary is how we are seeing kind of this unchecked, unprecedented invasion of and raid of a former president's home. but the good news is that we were able to use new features like social media to begin holding this administration to account in ways that legacy newspapers like "the new york

times" and the washington post would never report. one of the things that we've seen come out of this because of social media is within moments of the raid president trump was able to alert everyone, his supporters, his followers and the news media, as to what was happening. and then they were able to lead and get involved in the story and identify what was going on. now, this also gets into the really scary conversation of what this administration is trying to do to seize control of that accountability mechanism, the social media platform, with actions like its disinformation oversight governance board led by mary poppins and to really stop people like president trump and other defendants from telling their story and getting it out will before the white house can spin the narrative. if. neil: who really cares who spins the narrative, right? i mean, if the argument among donald trump and his team in the beginning is we don't have any documents and hen begrudgingly, well, we did have some documents, and then to say, all

right, we've given you all the documents we had, and then it turns out they didn't give all the documents they had prompting, presumably, this raid on his home, and now we learn there were a lot more than we thought, there's a lot to unpack there. what do you think? >> yeah, there is a lot to unpack. and what often goes on in these conversations -- i've been involved in discovery in my legal career as well -- is often times one-sided, in this case the prosecution, says you've got more docs. and then the defendant says, no, we don't. and the prosecution yells more, and the defendants yell more, and it often ends up with a settlement. that's what we saw going forward throughout much of this discussion where the fbi and the archives were saying there are more documents, and the trump administration is was working with them. then you saw the unprecedented step to kick in the door and raid a house, raid a home. and the question is, what other documents were there? and that's what's really been

really scary about whole thing -- neil: so if the government -- >> attempt to -- neil: i'm sorry, just to be clear, if the government wantedded to pursue a criminal case, i understand, and you're the expert lawyer, but i understand it wouldn't be based just on the fact that ited had documents it shouldn't have had, because you can go back and forth on whether they were declassified or not. remember at first president trump said he didn't have documents there at all. leaving that aside, it's the obstruction part that the government wants to prove, that time and again the argument had been don't have them, we'll give you this, we don't and back and forth, and that's what they're building a case on. it's difficult enough for a normal person when you're doing that to go after a normal citizen. i would imagine it's a big leap doing so when you're targeting a former president of the united states. >> let's remember, a warrant for a search of somebody's home is a

constitutionally-protected regime. it's very difficult to get a warrant to invade somebody's home. it's one of the most protected pieces of property that we own. and it's one of the things that separates us from a tyrannical rule. and what you saw here -- and this is what makings it so much more interesting as we talk about this more on social media, we begin to hold this administration more to account -- is what was known, when was it known, and what was the basis for this warrant? we already have an fbi that's on record having created false warrants based on false information. so we really immediate to -- need to know as the american people what's going on. and is what scares me at netchoice is to make sure that we keep the internet free of governmental control. i mean, look, right now we've got a president out there saying the biggest threat to democracy are supporters of trump. no. the biggest threat to democracy is an administration that doesn't respect the rule of law, the constitution and tries to seize control of social media as

well as legacy media. and that's what we're seeing out of this administration. neil: so i understand what you're saying about a big threat to democracy, and i don't mean to quibble with you on there, but isn't it a pretty big threat to democracy when a former president leaves with more than 11,000 documents that he shouldn't have taken to his home? >> that's the real question, because we don't the know if he did or did not have the authority to take that home with him. and playing dell's advocate for the -- devil's advocate for the sake of it, anytime you've ever left an office, you're probably going to end up taking home a pen or pencil -- neil: this isn't a pen or pencil, these are 11,000 documents and more than 100 classified. i i mean, i think it's a little more than that. >> i -- oh, absolutely. and there's a lot to be looked at. but the real question, i think the real consternation that a lot of people have had is this is a big step to kick in the

door. that is a big step, to go and raid somebody's home let alone a former president. coming from an administration that has already politically motivate sated, coming from an fbi that has threats of political motivation. a threat to democracy is undermining -- neil: i do see what you're doing. just to be clear -- [inaudible conversations] neil: in the end if you have all these documents, and i can see what you're saying, going so far as to raid someone's home, and now you have 11,000 documents you could look at that and say, all right, justification there. you say? >>. i mean, look, criminal activity should be prosecuted to the full extent of the law regardless of who you are. whether you're somebody who's a common person or the former president of the united states. but when with it comes to what is potentially a politically-motivated activity the, that's where the government must tread lightly, carefully

and do so in a way that builds americans' trust in the system, not creates questions of politically-motivated activity. and that's what we're seeing a lot of. and that's why we need to hold to account any administration, every administration where it seems to leverage the law enforcement arms for its own political purposes. to the extent that's happening here, shame on any administration for abusing our law enforcement for politics. but that's why it's important that we have a reliable stream of information and the ability for the american people to say their piece, for defendants to say their piece and for that information to get out without it being filtered through an administration that wants to seize control of the narrative. neil: okay. carl, thank you very much. we've got the dow down to about a 31-point gain. what's going on there, after this. ♪ ♪

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charlie brady, our senior editor, reminding me for the nasdaq, it is the sixth straight day in a row, it would be the first time since august of 2019 that we saw that number of selling days for the nasdaq if it holds to that. keeping an eye on crowds building at the nation's airports ahead, of course, of the labor day weekend. kate -- gabe zagly joins us now. we're hearing about cancellations and delays, not too surprising. there are a few more protections than there were, at least promises from the i have to make good not only on flights, but ifing something goes bad, meal vouchers, maybe hotels. how do you see that sorting out in. >> yeah, that's the big news of the week, of course, the department of transportation launching its dashboard yesterday pretty much encapsulating what all the major airlines will offer in the event of a cancellation or delay. and there have been some news will, some more willingness by these major airlines to perhaps feed you or put you up in a

hotel if the delays are severe or, in fact, some of these flights are canceled by non-weather-related issues. certainly this weekend, neil, we're capping a very interesting summer. demand has been up, traffic has been up and so have been the headaches. about 61% of americans reporting some sort of they or cancellation during their travels over the summer if season, but that, as you know, is not stopping folks from heading out there. domestic travel is up 22% for this labor day weekend over last year. international travel, interestingly, up 104% over labor day weekend 2021, so those quickies down to mexico and the caribbean, very powerful. neil: gabe, i apologize for the tight time. you're going to put up with some hassles, but trust you'll have a lot of company also hoping to have a good time. hoping everyone does. more after this. ♪

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ashley: when george jones came up with that song he was an investor. a crazy week and the dow surrendered so much territory, who am i to look at that. something we said.