. >> on the news, david klein joins us to talk about the acquisition of an edibles company. plus the fda is out with new guidance for johnson & johnson's covid boosters we'll talk to dr. ofer levy. >> with a great head shot. the big stories in this final hour, mike santoli tracking the market action. meg tirrell with the latest on the vaccines mike, respectable follow through today. >> absolutely. more than one half of a percent upside after yesterday's big surge. has climbed, the s&p 500, above the 50-day average stopping yesterday. the next thing to look for is one month ago september 15th in the 4480 range this market hustles and symmetrical with the low early last week and have stair stepped up from there and can't guarantee an all clear but a lot of the things to want to see lining up to say that you got a pretty plausible seasonable low and they are getting into place and the market never really did let go of the cyclical bias. look at the chart of things geared to rae covering economy and slowdown trades. this is consumer discretionary all equal weighted no two stocks

this is justice stephen breyer questioning abu zubaydah's attorney david klein. >> why don't you ask zubaydah? why doesn't he testify? he was there. why doesn't he say this is what happened? they won't deny it, i don't think if he is telling the truth. >> you're talking about mitchell or jessen? >> i'm saying the person who was there. isn't he your client? >> abu zubaydah cannot testify. >> why not? >> because he is being held in comedic auto in guantanamo -- incommunicado. >> the words were active combat operations against taliban fighters, apparently going on in afghanistan. they are not anymore. why is he there? >> that is a question to put to the government. >> have you filed a habeas to get him out? >> there has been a habeas pending in d.c. for the past 14 years. >> you just let it sit there. >> personally i am not handling that proceeding. my understanding is that we have done everything we could to move it forward but it simply has not moved forward. amy: that is an excerpt from the oral arguments in the sipping court -- in the supreme court arguments -- we are joined by raym

in an interview with ezra klein, david shore predicts this.ater of power they, meaning democrats, will have for the next decade. no hope of a governing majority. the coming year they still control the house, the senate and the white house is their best chance to alter course. if they fail, they will not get another chance, not any time soon. let's talk about this now with david axelrod, cnn senior commentator and the host of the axe files podcast. what do you think? do you agree with what he's saying there? >> first of all, let me say on my own behalf here that it was a late baseball night here in chicago. but, look, i don't think what he said is particularly startling because when you think at history, democrats have a marginal advantage in both the senate and the house. five votes in the house, tied in the senate. and the history of this is no party in power has gained seats in the midterms few before twice, in '98 and 2002. those were unusual circumstances. so you have got some headwinds going in the first place. then you look at the struct