no we have not. >> what about the weapon -- [inaudible] >> we have not found any type of assault rifle inside the location. the only weapon we have found that we believe was used was a handgun but it's still early on and we haven't gone through the scene in detail yet. [inaudible] >> it would appear that way but i -- it's certainly too early to know if he actually did take his own life. [inaudible] >> well, we certainly -- we have to wait till the medical examiner gets here and family notification so candidly it would be hours and hours. >> do you know if he had been to the bar before? >> we don't know anything about the suspect, we haven't talked to anybody that had any contact with them him prior. >> does he live here? >> i have no idea who he is. we don't know anything about him

yet. >> what about the agent -- [inaudible] >> young? >> i actually don't know what the ages were, it is a nightclub so i would speculate they were probably in the 21 to 26-year-old age group. [inaudible] >> active shooter training involves -- [inaudible] >> there's no doubt that the change in how we handle active shooters play a role, sergeant helus and highway patrol officer on scene they knew they had to take action and they went in and did what they had to do. >> 13 people died -- >> yes, 13. we don't know how many injured because they went to separate hospitals. i'm going to speculate given what i've heard somewhere 10 and 15 additional injuries and we don't know if -- we don't believe there might be one additional gunshot victim but we think there are other injuries,

people trying to escape, breaking windows and doing different things. >> when you see the shootings happen across the country, do you ever think it would happen right here? >> i've been a cop for 41 years and i never thought i would see the things around the country that would happen but i've learned it doesn't matter what community you're in, it doesn't matter how safe your community is, it can happen anywhere because obviously for someone to do this they have to have some sort of mental illness and sadly we have people with mental illness all over the country. [inaudible] >> indications something like this would happen? >> we have actually no information about that at all. again, we are very early on in the investigation. >> do you know what happened -- [inaudible] >> shot the security guard and -- [inaudible] >> we actually don't know. i mean, we are interviewing multiple witnesses, but i can

say, no, we don't have everybody together to really put the timeline together and we will certainly provide that as soon as we can get something. [inaudible] >> you know, it's so tragic and losing ron, we go to the gym together, work out together is horrific and terrible and it saddens our heart and participants of 11 victims in there whose hearts are ripped out tonight and are wondering, oh, my gosh, was it my children or was it sister or brother, so there's just no way to describe this, it saddens us all and we have to get to the point where it doesn't and there's something wrong was. >> there's a lot of questions of --

[inaudible] >> what was the thought process -- >> actually changed for us after columbine. we trained years and years ago, we trained our fire department for active shooting, officers know when you get to the scene and there's two of you or even one of you and there's shooting going on you go in and that's the change philosophy of what it used to be, worked so well in county, highway patrol was here, when they made injury the second time tonight oxnard officers, ventura officers, there were sheriffs' deputies, everyone comes together to solve problem. [inaudible] >> from the moment that the first contact was made by police, the moment that -- [inaudible] >> what was the time frame? >> the first deputies arrived on scene at 11:22 p.m., they made entry approximately 4 minutes later, that's when sergeant

helus was shot and i don't have the exact timeline, probably close to 15 minutes, they didn't hear any shots fired before they regrouped, got additional officers and went back in and there were people hiding, people hiding in restrooms, people hiding in attics. i have no idea. >> sheriff -- [inaudible] >> what happened here? >> i'm sorry? >> what other locations? >> none that i know of but certainly when we find out who the -- who the suspect is we will go to his location and we will work with our bureau partners to see if there's a connection there but at this time there's none other that i know of. >> was the suspect -- [inaudible] >> right now as far as we know there was only one handgun but that could certainly change as we do a more thorough search of the building.

>> can you clarify, you said the suspect was down when you entered the building? >> the suspect was down with a gunshot wound when the deputies -- the officers went into the building, yes. >> the deputy shot by the suspect after making -- >> we don't know who shot -- who shot the deputy. >> do you know who shot the victim, was it self-inflicted? >> we don't know who shot anybody at this point. [inaudible] >> i probably shouldn't comment on that at this time. it would be a total guess. it's a horrific scene in there. there's blood everywhere and the suspect is part of that and i -- i wouldn't -- i didn't want to get that close and disturb the scene and possibly jeopardize the investigation. [inaudible] >> i'm sorry, i can't hear you.

[inaudible] >> well, they're being interviewed by -- excuse me, by investigators. i honestly don't know what they said at this point. i wanted to get information as soon as i could for you and we will continue to follow up. [inaudible] >> i have no idea what happened inside there. yes. >> thank you. [inaudible] >> anything else? [inaudible] >> i've met with them and talked to them, spent time. i made sure i talked to them before we released a name. >> when can we get another update with everything that's going on? >> well, by the time -- i would

say -- an hour, hour and a half maybe, i don't want to waste your time and have you come up and i don't have anything. if we can get information about what the witnesses said inside or any additional on the suspect we will let -- we will let pio's to let you know but i don't want to waste you your time if we don't have anything new. [inaudible] >> i don't remember in my 41 years having a mass shooting. >> sheriff, what would you like -- >> ron was a hard-working, dedicated sheriff sergeant. he was totally committed. he gave his all and tonight as i told his wife, he died a hero because he went -- he went in to save lives, to save other people.

>> sheriff, one question here and for those parents who are waking up looking for their children relatives, friends, what should they do right now -- [inaudible] >> i believe we have a victim's hotline. >> we do. >> and the pio's will give you the victim's hotline number where they can call to check and just make sure. [inaudible] >> they went to multiple hospitals. >> thank you, sheriff. >> okay, thank you. >> so real quick, the hotline number for people to call is area (805)465-6650. >> thank you. [inaudible conversations] maria: good morning, everyone, we have been listening to

sheriff jeff dean from ventura sheriff's office, horrific story, 13 people are dead including gunman this morning, if you're just waking up and joining us, breaking news overnight, mass shooting in country bar in los angeles area, at least 12 people dead plus the gunman, lauren simonetti with more right now. lauren. lauren: as we just heard this is heart wrenching and horrific, the numbers of mass shooting, 11 victims, many families being notified, the sheriff's deputy on the force for 29 years about to retire dead. gunman opened fire at a country music bar in thousand oaks, california. take a listen. >> you think it might be terrorist -- >> sergeant helus died at the -- sergeant passed away at the

hospital about an hour ago. lauren: you can see him getting choked up. 12 victims plus the gunman dead here. the scene is contained and that shooter is dead inside the building, now authorities say hundreds of people were inside the borderline bar and grill because they were having a college night, country college night, we also hear witnesses describing the chaos after the shots were fired. >> heard everyone say, run, tried to get near my car and i was there with like a group of people, amazing people luckily two paramedic and exveteran, very fortunate to have them there because there were two people injured. lauren: people were hiding in bathrooms and attics, scene of chaos, all of this went down at 11:00 p.m. local time and we've

got a timeline from sheriff jeff dean, the first deputy arrived on the scene 11:22, made entry 4 minutes after that and after that is when the sergeant was shot, maria. maria: lauren, thanks very much, we will continue follow this and in the meantime we are following the mass shooting in california and we've got on the set dagen mcdowell, guy benson joining us as well as jerry baker and we are following this story, we will be following exactly what the motive was obviously, we don't have that yet reaction. dagen: well, maria, one thing i will point out this is very close to los angeles. it is about 40, 45 miles northwest of los angeles, los angeles airport. it is right off the 101 freeway for people who were familiar with that part of california and it is a densely populated area with many, many colleges and universities around there and i will point out that for people

who have never heard gunshots fired that it does cause utter chaos, when you hear that sound and you don't know what is going on, i i'm sure a lot of these people, 10, 15 additional injuries, some that the sheriff said from people trying to escape from the bar. maria: yeah. dagen: when you hear gunshots if you're not familiar wit it does cause just utter pandamonium. maria: we will get more as this news comes forward. we are following this mass shooting in california bar as you heard at least 12 people killed including the sheriff's deputy plus the gunman, 13 in all, we will be following the breaking news all morning when we bring you the latest. there's other news happening this morning which we will get to and take short break and come right back with, stay with us.

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maria: welcome back, we are covering breaking news, mass shooting in los angeles area overnight. at least 12 people killed after a gunman opened fire at a country music bar in thousand oaks, california. a sheriff's deputy among the dead, he died at the hospital in the last hour also the gunman is dead so that's 13 people dead, authorities say hundreds of people were inside the borderline bar and grill, hosting a college night, it was supposed to be a college night and we are still getting details, we do not have a motive, we do not have the identity of the shooter at this point. we understand that there was one handgun involved but, again, we need more details in terms of that as well in terms of the weapon. you mentioned earlier that this is pretty close to the los angeles, what, 40 miles away from la, dagen. dagen: right, heavily concentrated major suburb of los angeles, northwest of la, but again if you go right over the

mountains there's university is, heavy concentration because this was college night at borderline and grill and the freeway is well known freeway, 101 which runs right through la, the borderline bar and grill right off of the exit there. you heard the sheriff we have 12 killed including a sheriff's deputy who had been on the force for 29 years and then the shooter, but the sheriff in that press conference said we don't know who shot whom at this point. maria: we are still waiting on the details. dagen: give indication of the kind of chaos within at the scene with bar and grill on top of that, they have to preserve the crime scene and collect evidence and with this kind of quite frankly carnage it is a very, very tough job for everybody involved in terms of the -- what they are seeing at the scene and just the size of this venue to tackle.

maria: we've got all the news that we want to cover this morning. president trump has asked for the resignation of jeff sessions, his attorney general, going to get to that and other news overnight. tesla has a new chairman, tesla naming robyndenholm, part of settlement with securities and exchange commission. denholm, now faces challenge over overseeing musk who remains ceo, another probably big task there, jerry baker, thanks for joining us, guy benson, good to see you. >> this is required by the sec, you remember back earlier in the year, musk who has been behaving shall we say i centric fashion quite over the last year or so tweeted that he was thinking about taking the company private, he did this apparently without having consulted and there was some suspicions that

it was -- it wasn't exactly fair play so the sec investigated and is part of the investigation and part of the settlement that he reached with the sec, he was required to step down as chairman and robny den-hol-- she worked for toyota for a long time and silicon valley, they've got someone who has exactly the background of both car, automotive experience and also tech experience and is -- seems to be independent, she's on tesla board and one of the criticisms is tesla is not independent. we will see where she fits in there, this is at minimum what was required by sec that musk himself had to step aside from the chairmanship and they had to have at least independent or at least someone who is not elon musk as chairman. maria: we will keep following that, no surprise that jeff sessions has announced

resignation, we were expecting that. dagen: can i point out that you predicted that and said this was going to happen over and over and over, dozens of times in the last few months. maria: thank you, we will talk about that, we will get to markets, we will take a break and come right back, stay with us. [ phone rings ] what?!

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maria: welcome back, we are monitoring breaking news out of california this morning where 12 people including a sheriff's deputy have been shot and killed in mass bar shooting, we are also watching markets, of course, after the powerful rally yesterday, dow industrials pull bag k this morning, down 58 points, we are expecting a lower opening for the broader market this is morning, nasdaq down 40 points, dow industrials down 60 after a huge 500-points rally yesterday for the dow, investors are wait if for federal reserve decision, that's due at 2:00 p.m. eastern, we are not expecting an increase in interest rates on this two-day

meeting after the two-day meeting rather, european indices are mixed, cac quarante is flat. we will bring you the latest news out of shooting in california as we get it. we are watching that and any news that develops will be here immediately. meanwhile going viral in malls, facebook announcing that it's opening nine pop-up shops in macy's department stores, amazon go, plans to have 3,000 brick and mortar stores up and running by 2021, new study by the international council of shopping centers says that's having brick and mortar presence can increase traffic on the retailer's website by average of 37%, joining us right now is ics ceo tom mcgee, international council of shopping center ceo.

tough morning as we follow the fatality. >> prayers with everybody in southern california. maria: exactly, you are expecting a good shopping season this upcoming holiday. >> yeah, we expect strong holiday season, forecast is 4 and a half percent growth, strong economy, good job market, good consumer sentiment, you know, results in good retail sales and we expect a strong holiday season. maria: what's behind that? >> obviously characteristics, you have a very good job market that leads to demand, i do think as you lead to holiday season and intro pointed out, you mentioned some of the names that are opening up stores, you see a lot of digitally retailers opening up stores and you see existing retailers really making a much more seemless experience between physical and digital world, you see that over the holiday season, we call it the halo effect, we produced a report that provides statistics

around the relationship, if you open up the store, general the rev traffic goes up and if you close it goes down by similar amounts, stop thinking about there being digital channel or physical channel, there's one channel. >> you see remarkable results for companies that, amazon is going down this road. >> sure. >> digital company is opening brick and mortar stores at the same time we continue to see big structural shift out of traditional stores, troubles just this year alone whether toys"r"us, sears, list of major retailers that have been traditional retailers that are struggling, so what's -- you do get beneficial effect from having bricks and mortar, what's going to be the balance between hard-physical stores and digital stores in the next 5 or 10

years? >> we are in the middle of retail renaissance. those who didn't invest capital obviously didn't succeed. i think what you are seeing now and what you'll see over the course of next decade where the last decade was investment in the digital channel i think the next decade will be a significant investment in the physical channel and those who do that well and create an experience is going to do exceptionally well and have the seemless experience across all channels. >> given the news of the morning, another mass shooting, this time in a bar most recently a synagogue, a nightclub, at a concert in las vegas, what have the retailers in this country done to sure up security and make people feel at ease in recent years even since 9/11? >> yeah, the industry has taken that very seriously, i mean, of course this is very serious and sad day.

the industry shares and gets together and talks about best practices consistently, most of the major property owners have gone through certification processes, they coordinate closely with law enforcement, they get together in security councils and talk about what each of them are doing to upgrade security across properties in the u.s., it's a very important issue, one that property owners and retailers take seriously and i think given today's events and the things that have happened over the course of month will be continue to be heightened over that. maria: what will you be watching in terms of change in the fourth water? >> any expectation is that the fourth quarter will be a knockout quarter, obviously there's things on the horizon that could impact the economy overall, you know, whether it's tariffs, you know some change in market conditions but as it relates to holiday season i see nothing absent some unforeseen

will impact quarter. maria: thanks so much for joining us this morning tom mcgee from the international shopping centers, we will take a break but we are monitoring breaking news this morning, at least 12 people are dead including sheriff's deputy after shooting in a bar in california, the very latest from the story coming up after this. then jeff sessions fired, president trump pushing out, we will discuss that coming up.

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maria: welcome back good thursday morning, i'm maria bartiromo, it is thursday november 8th, top stories 6:33 a.m. on the east coast, breaking news we are covering this morning, at least 12 people dead as gunman opened fire at bar overnight. >> it's a horrific scene in there, there's blood everywhere and the suspect is part of that.

maria: ventura county sheriff's spokesperson says the gunman is dead so that's 13 people dead, we have the very latest on the tragedy throughout this morning today. meanwhile sessions is out as we expected. president trump firing attorney general jeff sessions yesterday details on what it will mean for the russia investigation and who is taking his place temporarily, bundle up arctic weather threatening large part of u.s., windchills coming to zero, we will break down what you should expect and disney reporting earnings later today, we have a preview, plus closer look at streaming board as disney shares trade at 117 and change right now. broader market is lower this morning after powerful rally yesterday, futures indicating a decline of 86 points at the start of trading this morning, that's down a third of a percent. s&p 50 down almost half percent and nasdaq decline with 3 quarters of 1% now, down 50 points, investors are waiting on fed decision due at 2:00 p.m.

eastern today we are not expecting fed to raise interest rates, look at the market performance. big day following midterm elections, indices all up better than 2% with dow industrials recording 545 point gain at the close of trading, nasdaq was up almost 200 points, two and two-thirds percent higher for the nasdaq, 194 points higher yesterday. in europe this morning, take a look at what is going on, we are not seeing much follow through. quarter percent, but the cac quarante and dax index are down fractionally, asian markets overnight also mixed, take a look, mixed performances including best performer in japan, nikkei average up 1.8%, we begin this half an hour with breaking news, 12 people killed in mass shooting overnight in california bar, that includes sheriff's deputy, lauren simonetti with all the details this morning. lauren, good morning to you. lauren: the sheriff's deputy sergeant ron helus on the force for 29 years about to retire, at least 12 dead including ron

helus after gunman opened fire at country music bar in thousand oaks, california generally a safe place to live, the scene is contained, the shoot ser dead inside the building. authorities say hundreds of people were inside the borderline bar and grill because it was hosting a college night. witnesses describing the chaos after shots were fired. >> i started hearing the big pops, pop, pop, pop, 3 or 4, i hit the ground, i look up the security guard was dead, i don't want to say dead but he was shot, he was down, the gunman was throwing smoke grenades all over the place. lauren: imagine how scared the students were? we will bring you any developments as they come in. maria: just terrible, thank you so much, lauren. i mean, you know, again we have to hear this kind of a news headline once again, we want to turn now to the other news of the morning and that is attorney general jeff sessions has been

fired as we expected, president trump tweeting about his replacement yesterday, here is what he said, we are pleased to announce that matthew g. whittaker chief of staff to attorney general jeff sessions at the department of justice will become new acting attorney general of the united states, he will serve our country well wrote the president, he goes onto say e thank attorney general jeff sessions for his service and wish him well. a permanent replacement will be nominated at a later date. chuck schumer weighing in on the developments yesterday, not happy. >> i find the timing suspect number one but number two the -- our paramount view is that any attorney general whether this one or another one should not be able to interfere with the mueller investigation in any way, they should not be able to end it or limit it or should not be able to interfere with mueller going forward and doing what he thinks is the right thing and that will help guide us as we go through this

process. maria: joining me right now to talk more about that axios editor-in-chief, nick. >> good morning. maria: your reaction to jeff sessions being out. >> i can't be surprised by that at all. trump and sessions have had rocky relationship almost since day one, reported how furious trump was when he rescued himself in russia investigation, criticized him in public, on twitter, pointed to signs that sessions would be quick to go after midterms and right after mid terms,less than 12 hours later he's been replaced. certainly there's no surprise there. one thing that's outstanding is how long this acting attorney general whittaker will be in post and if the president move ahead of trying to name permanent position getting confirmed by the senate. maria: i was expecting right after midterms. chuck schumer is upset and the

democrats are all in this morning saying, oh, you know, we don't like the timing and we don't like the fact that the president has pushed out jeff sessions, when is enough is enough for the robert mueller investigation? here we are 2 years in, we don't have any evidence of any collusion between donald trump and the russians, we don't have any evidence of any wrongdoing in terms of obstruction or collusion or anything else, i mean, all of the indictment that is we have seen have nothing to do with that story, so, i mean, what do you think -- how long does this go on? >> i have no idea, only one person knows that and that's robert mueller and haven't told anyone at axios yet, speaks to what chuck schumer was talking about, more important than schumer's position is nancy pelosi, they will be in majority, they will have committee and subpoena power and i think if the president looked to limit the mueller investigation at all, either personally or someone he appoints in justice department the house will act, i mean, we are talking about impeachment

proceedings, people in the democratic caucus now who are elected to the house based on calling for president trump to be impeached. nancy pelosi says she doesn't want to do that but look for that possibly to change if president trump or any of designees were to limit the mueller investigation. maria: nick, tell me what exactly the impeachment would be based on in. >> i mean, you can impeach anything you want, you can turn articles of impeachments, members of the house who have drawn up impeachment -- maria: about what? you can throw out the word impeach men over and over again but i'm just trying to understand what specifically the president did to get impeached? >> there are scores of democrats that will be happy to come on the show and sort and run down the list of things starting with michael cohen, what he told federal prosecutors of what the president was involved with. politically there are some democrats are in favor of and will ramp up the pressure for democrats to act on that were the president to act to limit the mueller investigation. maria: yeah, the president has

to walk this balance of we know the deputy attorney general rod rosenstein now is no longer overseeing the russia investigation, now that sessions is out, so the president has to up its balance of making sure to keep that mueller investigation as independent as possible but also get in the people that he wants to get in in terms of leading the doj. >> right, the political situation is different as of 24 hours ago, it'll be very different in january when democrats take the house, the president will have to deal with a very house democrats who are very much in opposition and they will have a lot of power because they're in the majority to act against him and i think a red line for a lot of democrats in the house and the senate is if the president were to move to limit that investigation, they wanted sessions to be rescued, now whittaker to be rescued, he has been critical of the investigation previously before in justice department, already calls for him to recuse himself, look for this to be political flash point in the coming months. maria: nick, the president tweeted out if you want to investigate us at the house

level, we will investigate you, we will do the same thing at the senate level. what -- what tools does the president have as he gears up for what will be no doubt investigation after investigation from the house as you mentioned? >> right, i think the president has a lot of allies in the senate that will look to defend him, some republicans who weren't big fans of the president like bob corker and jeff flake and replaced people that are very much in line with the president's thinking and what the president said was very much a symbol of what political warfare he's gearing himself for with house democrats. maria: do you expect anything to get done legislatively in two years? >> i think they will keep government open at some point but i don't have high hopes of big legislation passing, i don't know there's always the chance. the president used to speak fondly about friends chuck and nancy when they are talking about infrastructure and if you look at the beginning of the press conference very much leaning in the direction but the way the press conference with them threatening democrats if they came after him didn't feel like of bipartisan compromise.

maria: nick, big two years, front-row seat, nick johnson. >> thank you. maria: breaking news out of california this morning, we will be following all morning 12 people are dead including a sheriff's deputy after gunman opened fire at bar college night, we are bringing you very latest, this is very close to los angeles and we are going to take you there when we come right back. stay with us. so a tree falls on your brand-new car and totals it.

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maria: welcome back, breaking news this morning, mass shooting in southern california, cheryl casone with more details now, cheryl. cheryl: we are following the breaking news, maria, out of california, so at least 12 people and that includes the sheriff's deputy are dead in the shooting at a country bar, this happened in southern california in addition the suspect is dead. now, this happened around 11:20 a.m. -- p.m. local time, this is 40 miles west of los angeles, the officer who was killed we found out in the last hour has been identified as ventura county sheriff's department sergeant ron helus. >> the sheriff sergeant was struck multiple times with gunfire. patrol officer stepped back and secured the perimeter until additional units arrived and he rescued the sheriff sergeant out of the line of gunfire.

cheryl: maria, the bar was packed with college students at the time they were hosting a college country night. well, we are also watching the weather for you this morning, snow is begin to go accumulate throughout the midwest, windchill moving east ward will drop temperatures to nearly zero degrees in some areas. a few storm systems moving through -- expected to bring snow near great lakes, new england and into the rockies and western plain, coldest temperatures of the season going to last into this weekend and middle of next week, folks, you can expect freezing temperatures across the eastern half of the united states. well, arizona may have to wait a week to find out who the other senator is going to be, the race between martha mcsally and kristin sinema too close to call, right now 600,000 ballots remain uncounted, currently mcsally leads by 1 percentage point, neither candidate willing to concede right now. down in florida democrat ig bill nelson is counting for recount of votes in his race for

reelection against republican rick scott, nelson says scott prematurely claimed victory in race despite final count that shows scott leads by .4 of percent, florida state law says that a recount can happen if the final margin is less than half percent so it's right there. right next door in georgia, democratic candidate stacy abrams isn't ready to call it quits after georgia's secretary of state brian kemp declared victory, her campaign is threatening legal action saying they believe there are still hundreds -- excuse me thousands of ballots that haven't been counted. so the nail-biting continues, maria in some races. maria: incredible. we thought midterm elections were over and it's not. >> i cannot imagine how the state of arizona cannot figure out how to count ballots in 24 to 48 hours but this has happened before, more that he mcsally when she first ran for congress, took 12 day to determine the race, she went to washington as newly elected

freshman and found out that she lost. >> recount in florida, who ever heard such a thing in i wonder how that could possibly end. maria: are you surprised on how tight the races are, arizona, border state, are you surprised on how tight this is given the two women and what they've said about -- >> i mean, not really, not based on the polling, it was very close the entire time, i mean, sinema survived a brutal october for herself, but it was going to be a toss-up race with jeff flake retiring in blue-tinted year and that one really could go either way still. maria: speaking of brutal, brutal october but markets rallied big time yesterday, we will take a look at markets when we come back and of course breaking news overnight, deadly mass shooting at bar in california, 12 people dead this morning including a sheriff's deputy, we are following the morning news and we will bring you the latest from california when we come right back. markets meanwhile disney set to

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maria: welcome back, we are monitoring breaking news out of california where 12 people including sheriff's deputy have been killed in mass bar shooting, we are watching markets this morning after yesterday 50-plus rally, this morning markets pulling back, nasdaq is down two-thirds of a percent 45 points later, federal reserve finishing 2-day meeting, we are waiting on fed decision today at 2:00 p.m. eastern, we are not expecting interest rate increase today but we are expecting one in the december meeting, meanwhile dow component disney set to report fourth quarter earnings after bell today, posted shares 1.34 on

revenue of $13.73 billion, joining us right now to talk more about that cfra research media and entertainment analyst, thank you very much for joining us. >> thank you, maria. maria: disney is in this deal with fox where fox sold entertainment assets to disney, the deal waiting on more approval. >> that's right, maria. we are expecting to be concluded over 6 to 9 months, that's the timeline that the company has provided. more importantly i think the most important approvals are already in place, the u.s. justice department, we know a number of european approvals are also in place and that's going to be the -- the elephant in the room when the company reports in terms of what strategies any is going to articulate for the integration planning which we know is already underway. maria: talk to us about disney, what you're expecting from the quarter and how important the streaming business that they are going to launch to compete with

netflix? >> that's right, we expect mostly in line results, we think theme parks will be highlights for this quarter, we know the film studio has titles, a couple of tiet thals will play into that result, incredible 2 and we are expecting media network, banned tech, business, streaming platform. all eyes on espn subscriber trends but more importantly as you alluded, maria, direct consumer strategy is where a lot of investors will be acutely focused in terms of any update on the espn plus service and any potential timing for the disney dedicated branded direct consumer platform that will launch next year. maria: yeah, you would think that once disney comes out with streaming service, apple will also have streaming service, what will that do to netflix?

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maria: welcome back. good thursday morning. thanks so much for joining us. i'm maria bartiromo. it is thursday, november 8th. your top stories right now. breaking news to report this morning, there's been a mass shooting in a california bar. at least 12 people have been killed including a sheriff's dep p adeputy. >> sergeant passed away at the hospital about an hour ago. maria: ventura county sheriff's spokesman said the gunman is also dead. we'll bring you the latest developments as they come in. jeff sessions fired, what's next for the department of justice

and the russia investigation, that's coming up. new overnight, a new era for tesla. the company replacing elon musk at chairman with robinden dissh. facebook has a fix to unsend messages through facebook. markets are pulling back after the powerful rally yesterday. take a look at markets right now with futures indicating a lower opening for the broader averages, dow industrials set to be down 60 points at the start of trading, the nasdaq is down half a percent, 37 points lower. investors are waiting on the federal reserve decision that's due today at 2:15 p.m. eastern. stocks rallied sharply yesterday. dow industrials yesterday was up better than 500 points. european markets, fq100 is up 21 points. the cac is down half a point and the dax index is down 18 points. in asia overnight markets mostly higher overnight. asian markets as you can see, the shanghai composite was

lower. japan was up almost 2%. all those stories coming up this morning. joining me to break it down, dagen mcdowell, political editor, guy benson, and the wall street journal editor at large, jerry baker. good to see you this morning. >> thank you. maria: thank you for joining us. >> thank you. >> good morning. dagen: horrific news. maria: horrific news on the shooting. there are other issues to talk about. we've been following all morning this mass shooting in california, 12 people have been killed, 13 if you count the gunman. among the dead, the sheriff's deputy. lauren simonetti has the details right now. lauren: it's the middle of the night in california where we have learned that at least 12 people including that sheriff's deputy are dead. a gunman opened fire at a country music bar in thousand oaks, california, about 40 miles west of los angeles. the scene is contained. the shooter is dead inside the building. they did find a handgun. they did not find an assault rifle. they continue to search. authorities say hundreds of

people were inside the borderline bar and grill because it was hosting a college country night. we're going to show you some witnesses, describing the chaos that they heard and experienced after the shots were fired. >> i just started hearing these big pops, pop, pop, pop, there was probably three or four. i hit the ground. i look up. the security guard's dead. i don't want to say dead but he was shot. he was down. and the gunman was throwing smoke grenades all over the place. lauren: you have to remember, this was college night. so the families of these victims are being notified. it is horrific. it is heart-wrenching. that's what you heard from sheriff jeff dean as he was telling us about his friend, the sergeant deputy who died in that bar. so he was 29 years on the force. it really is a heart-wrenching story. maria: thank you. we'll come back to you as news develops. joining me right now is texas

congressman louie goldmayor. thank you for joining us. you are the vice chairman of the judiciary subcommittee on crime, terrorism and homeland security. your reaction to this horrific news we're reporting this morning and how do you stop something like this? >> well, john adams said it clearly back in 1796 as our second president, our constitution was intended for a moral and religious people. it is wholly inad inyet inadeque governing of any other. we have to get back to teaching right and wrong. right now, our hearts and prayers go out to family members and those who experienced this horrific shooting and the deputy that just -- i mean, i know hundreds -- i've worked with hundreds of law enforcement and it's still just -- i tear up when i think about guys that run to the sound of the guns instead

of running the other direction. real heros. and we heard the sheriff say we don't know if there's terrorism. well, we know that there was terrorism. somebody comes in with smoke bombs and wanting to shoot multiple people, clearly that person intended to terrorize. we know terrorism is a euphamim for radical islam. what the sheriff is saying is we don't know if it was radical islam. clearly this was pre-medicated mor department it's -- premeditated murder. it's unfortunate we don't have the chance to actually put him to death. i don't know that that would have happened in l california. but right now, for all the victims, there is just so much shock and so much hurting and i've seen enough of it in my life. it never gets easier. maria: no, it doesn't.

it's really hard to watch the witnesses, very tearful, talking about what they saw. it's just an incredible story and we will find the motive and bring it to our viewers. want to switch gears and ask about the divided congress. democrats are retaking the house. republicans are gearing up for an anticipated hurdles on issues from taxes to trade. the president and house minority leader nancy pelosi spoke out yesterday on plans for bipartisanship. i've got to get your reaction. >> i give her a great deal of credit for what she's done and what she's accomplished. hopefully we can work together next year to continue delivering for the american people. >> we as democrats are here to strengthen the institution in which we serve and not to have it be a rubber stamp for president trump. we believe that we have a responsibility to seek common ground where we can, where we cannot, we must stand our ground. maria: i know there's a lot of planning yesterday.

congressman, with the republicans, party leaders, trying to map this course for the divided congress. how is this going to look with now the democrats in the majority in the house? >> well, actually, mary ya, it's been a -- maria, it's ban divided congress for the last nearly two years. just in the past two years, it's been divided between a majority of the republicans in the house and what we wanted to do to build a wall where it was needed, to secure the border, to avoid amnesty, those kind of things, that's what the majority of republicans wanted to do and then the division was with our own leadership that we're not going to help the president accomplish his major promises that got him elected president. this time it will be divided come january between political parties. but i'm delighted to hear nancy pelosi talk in those terms. it beats the heck out of the

democrat chairman over energy and commerce that handled the obamacare when republicans were saying look, let's work together on dealing with pre-existing conditions and taking care of people through age 26. i was okay going 30 or 40 if you're living with your parents. but the chairman said we don't need republican -- we don't want republican input and we don't need republican votes and so it's really nice to hear nancy pelosi talking in these terms. we'll see how long that lasts. maria: let me turn to jeff sessions. some people are saying this is one of the first things that the democrats will be complaining about, and they are, the president fired the u.s. attorney general, replacing him with session's chief of staff, matthew whitaker yesterday. a permanent replacement expected to be nominated at a later date. what's your reaction to this? obviously, no surprise. we were expecting jeff session toss resign right after the

midterm he'll eggses elections. does this create a problem for the president, given we're seeing the democrats saying somebody else is overseeing the mueller probe, we don't like it. >> the democrats ought to love it. they should have seen this was coming. i love jeff sessions. he's a fine, decent, moral, ethical man and i think he was a little naive in not appreciating the people that work for rosenstein that wanted to diminish him in the president's eyes and gave him bad advice including to recuse himself. he relied too heavily on the advice of people he called career but i would say were democrat operatives, just been there a while. but i was a little surprised, matthew whitaker's a great guy, he's a wonderful man, but democrats ought to be loving matt because his job as chief of staff to jeff sessions was to look out for jeff sessions and

he did not keep him away from the bad advice of people that wanted to destroy jeff and so they ought to love the fact that matt's been raised -- he didn't do a good job protecting his boss, jeff, from the radicals and i'm not talking radical islams, i'm just talking radical democrats that loved obama, hated trump. he should have protected jeff better from bad advice and now he's going to be acting a.g. and so they ought to be loving it. maria: i mean, agenda item number one will likely be okay, robert mueller, let's see what you have. where are we on this. where do you think we are in the robert mueller probe? how will matthew whitaker deal with this differently? in terms of the investigations going on in your chamber into the doj, the fbi, and that group of people that tried to stop

donald trump, where are those investigations? do they go away at this point? >> absolutely not. we need to conclude them and even though our -- well, in january the former speaker, the current speaker, his advice to us was when there's no drama, we win. when there's no drama, we win. that's ridiculous. that's coming from somebody that wants to avoid a fight apparently because what we see is, and president trump has shown it, when we fight, there's some drama but we win. and so our -- maria: they're going to be fighting with the president. we heard from jerry nadle, and elijah cummings and adam schiff who are going to be the leaders of the chairmen of some important committee there. >> they're not yet. maria: what will the president do with the investigations that will pile up once the new congress gets in session? >> i heard someone say he's going to need to add more lawyers to the white house and i think he' right about that.

he's going to be overwhelmed with discovery requests and subpoenas. maria: does anything get done for the american people legislatively, sir? >> i hope so. i hope the democrats don't make the mistake of hurting americans like they did with obamacare, destroying senior health care, removing $716 billion from health care. maria: what about immigration. there's a caravan drie crisis, thousands of troops are deployed at the border as we speak. the migrant caravan continues moving to the north. >> the president will he protect the country. he made it clear when i was talking to him about it in houston. he is going to protect the country. maria: don't you need the democrats' help. mitch mcconnell weighed in on the future plans for the border wall funding yesterday. here's what he said. i've got to get your reaction. >> we're certainly going to try to help the president achieve what he would like to do with regard to the wall and border security and that will obviously

have to be done on some kind of bipartisan discussion. maria: i go back to the first question. how is this going to work? will you see bipartisan work together? you represent the people of texas. your take on this? >> well, we haven't seen any bipartisabuypart -- bipartisansk here, even to the point they would destroy an honorable man like kavanaugh. hopefully there will be a change of heart. that's hope that springs eternal and with god all things are possible, but we just haven't seen any evidence that that's what they really want to do. but let's face it, i love hearing mitch mcconnell say we're going to help the president with a wall because i know the house leadership sure hasn't done that for the last nearly two years. so we've got a little window here before we lose it and actually if we took a step -- we could pass funding for the wall without having to have closure

in the senate. i understand we're going to hopefully work on that. maria: we'll be watching. good to see you as always. thanks so much sir. 12 people are dead including a sheriff's deputy after a gunman opened fire at a california bar. the very latest, next.

maria: welcome back. breaking news this morning, a mass shooting in southern california. cheryl casone with all the details now. cheryl: at least 12 people including a sheriff's deputy killed in a shooting at a country bar in southern california. the suspect in addition is dead. the shooting happening last night around 11:20 local time in thousand oak, california, 40 miles west of los angeles. the bar was packed at the time with college students. they were hosting a college country night. >> we have no idea if there's a terrorism link to this event or not. as you know, these are ongoing investigations and that information will come out as

soon as we're able to determine exactly who the suspect was and what motive he might have had for this horrific event. cheryl: talking about what the motive was and they don't know yet. the officer who was killed identified as sergeant ron helis. he is survived by a wife and his son. he was getting ready to retire next year. also breaking overnight, tesla's board has a new chair. robin denham will replace elon musk. tesla had until november 13th to announce a new chairman under the s.e.c. agreement which found that musk's tweets in august about taking his company private were fraud lant. denham served on tesla's board since 2014. elon musk tweeted he would like to thank robin for joining the team, great respect, very much look forward to working together. taking a look at shares of tesla

in the premarket, down about a quarter percent. and rising interest rates are making would-be home buyers nervous. the number of mortgage applications fell 4% last week to the lowest level since 2014. mortgage bankers association says applications to buy a home fell the most, by 5%, refinancing applications dropping 3%, higher rates of course the result of the federal reserve raising interest rates eight times since december of 2015. and they are meeting this week as well. maria: we will find out today but we're not expecting a rate hike today from that two-day meeting a the fed. a deadly mass shooting at a california bar, a dozen people have been killed, incluing a sheriff deputy when a gunman opened fire during college night. we're keeping an eye on markets and earnings. markets were up better than 500 points on the dow. we've got that and more.

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maria: welcome back. we have breaking news this morning out of california. 12 people have been killed including a sheriff's deputy in a mass bar shooting. we are watching markets as well after yesterday's big rally. we're seeing a pullback this morning. dow industrials are expected to be down 50 points at the start of trading. we are waiting on the fed decision, that's due ou 2:15 p.. eastern. we're not expecting the federal reserve to raise interest rates. the fq100 is up 26 points, the cac in paris is flat and the dax is down 20. in asia overnight markets finished mostly higher with the exception of china. joining us right now is spruce point capital management founder and chief investment officer,

ben axler. were you surprised at the rally in stocks yesterday? >> not at all. i think the market's base case was the democrats would take the house. political uncertainty is never good for markets. markets got what they wanted. now we move on with the fed and interest rate. maria: what would you do with money right now? do you want to put money into stocks as well. >> we play defense a lot. we think right now is not a great time to be overly exposed to stocks given where we are in the business cycle. we're in a lax regulatory environment. we're focused on companies that are flattering their numbers, receiving high valuations for speculative business models. maria: you're shorting those companies? >> absolutely. we're shorting them with an activist bent. we put our research on our website and try to find the good companies from the bad companies. >> on the politics side, do you think the markets sort of like divided government where you have the tax cuts, huh the deregulation, things are doing very well in the economy, so

maybe some gridlock is sort of okay in washington? >> that seems to be the case, yeah. historically speaking, gridlock is somewhat bullish for markets. we're really focused mosh on the faith rising cycle. we think the market will be more discriminating now. easy money is made in a rate cutting environment. rate rising cycle, focused on how the companies are putting capital to work. >> what about the tech sector, the tech companies took a beating in the last month or so, had a bit of a recovery yesterday. your point about companies that are maybe have some questionable numbers, where do you see now, because they've been so much behind the surge in equity prices in the last couple of years, and they now dominate many of the major indexes, where do you see the major tech companies going in the next year or so? >> we had success shorting tech companies the past month. the market is much more

discriminating on the quality of the business. one of the best shorts was a company call to you, losing $40 million a year, the stock was at an all-time high. the stock's at 50. it comes down now to the quality of the business. are they making money. do they have a path to profitability. you're going to see more discrimination between those that have a real business model and those that don't. >> rates, we're going to see the fed today, fed's not going to do anything today. we're seeing long-term rates have gone up over the last year. how much is that starting -- that's having an overall effect on the market. how does that affect some of the individual companies you're look ago t? how do you weigh that? >> tremendously. we've had good success in the past month shorting companies with low or declining organic growth and a lot of debt, particularly companies exposed to short-term debt. we shorted a company call dollorama in canada, $1.8 billion of debt coming due in the next few months. the companies will have to

refinance at a higher rate. the market's discriminating between those with longer term maturities and those were shorter. maria: are you short tesla? >> we're not short tesla. we try to have companies that have a less crowded short position. as we've seen, tesla's a battle ground stock, can move 10, 15, 20% on a tweet fromy lon fromy . we're trying to find less crowding, lower short squeeze risk. dagen: what are other shorts that are too crowded for you to anticipate -- participate, rather. >> we see short interest higher than 30%, that's indication to us that the market already sees there's a structural problem here. when the shorts are that high sometimes the cost of borrowing the stock is high. we're trying to find situations that aren't crowded where we're getting paid right now to short given the general collateral rates of a percent, percent and-a-half. those are the situations we want

to be involved in. >> what's the best short you've done in the last few months? >> we shorted maxar technologies, a merger between mcdonald debt wyler and digital globe. shorted it in the 50t 50s. there's a lot of debt, no growth. the market is figuring these situations out quickly. maria: what's your take on the broader market? you have specific shorts in some of the smaller companies that are unknown many your take on the broader markets? we had a rally yesterday. a pullback this morning. >> my take is we're in the later stages of cycle. i think the market can continue to grind a little higher. we've been pretty vocal that we think we're in a low single digit return environment with a lot of volatility. volatility presents trading opportunities, clearly. but investors need to play defense. not every stock's a buy. a tremendous amount of the brokers are putting buy targets and 20% upside scenarios on stocks. investors need to scrutinize their portfolio carefully, play

defense. but they can still make money on the long side. it will be a little harder. maria: ben, it's good to have you. thanks so much. >> thank you. maria: we just showed you the screen of markets pulling back this morning. we have breaking news we're following this morning, a horrific scene out of california, 12 people are dead. dozens more are injured after a gunman burst through the doors of a bar on college night. we're bringing you the latest from the scene, yo thousand oak, california when we come back. and why a second meeting between president trump and kim jong un may not happen until next year. we've got that news after this. alexa, play weekend mix. the new lincoln mkc.

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maria: good thursday morning. welcome back. thanks very mitch fo much for j. i'm maria bartiromo. it is thursday, november 8th. we have breaking news to report, at least 12 people are dead after a mass shooting at a bar in california. among the dead, a sheriff's deputy. >> he did his all and tonight as

i told his wife, he died a hero because he went -- he went in to save lives, to save other people. maria: a ventura county sheriff's spokesman confirmed the gunman is dead as well. 13 people dead that means. we'll have the latest on the tragedy throughout the morning. security concerns, supreme court justice brett kavanaugh will have a scaled back ceremony today plus the pelosi method with the midterms behind us, how president trump will have to deal with the possible future house speaker, dealing with that this morning. facebook ready to help if you send a message too soon, details coming up. markets are lower today after a powerful rally yesterday. dow industrials down 55 points right now, a quarter of a percent lower. s&p 500 down a third of a period and the nasdaq is down almost one-half of a percent right now. the federal reserve decision is due at 2:15 p.m. yesterday.

dow industrials were up 545 points yesterday, better than 2%, following the midterm election news. the major indices were all up better than 2%. nasdaq was up almost 200 points at the close, 2.6% higher on the nasdaq. in europe this morning, european indices are mixed. thdax index in germany is down 1 points. asian markets mixed as well, best performer japan, nikkei average up 1.8%. we begin this half hour with breaking news. we have been following this all morning. 12 people have been killed in a mass shooting in a california bar. among the dead, a sheriff's deputy. lauren simonetti has the details. lauren: it is the wee hours of the morning in thousand oak, california. just hours ago, tragedy unfolded for the families of at least 12 victims. our local affiliate talking to some of the parents of the students at that borderline bar and grill. they're now trying to get in touch with their sons and

daughters. victims are witnessing the chaos that unfolded. >> i was on the side area, you could say, of the stage and where i was looking was directly where the guy walked in and started shooting. and, yeah, i can't believe i saw it with my own two eyes. it freaks me out. because where i was looking, just by all means some guy just walks in, pulls out a gun and start shooting people. it puts me in shock. nothing like this happens here. i saw two shots and then i heard about five or six and then that's when i was out of the building. people i guess there was like grenades going off. i wasn't in the building when that happened. >> everyone was -- lauren: a handgun was found at the scene. no assault rifle. but a search is still being done. the sheriff describing the scene

earlier this morning. >> it's a horrific scene in there. there's blood everywhere. and the suspect is part of that. lauren: multiple law enforcement agencies are on the ground. the l.a. times is reporting that some of the people inside that bar for country night, and you only had to be 18 to get in to line dance, some of those people were also last year in las vegas at the mass shooting at the music festival there. maria: that is incredible. that's what you mentioned earlier. we'll have more on that coming up. thank you, lauren. we want to turn to the midterm aftermath. president trump and nancy pelosi sounding off yesterday about the results and sounding open to reaching across the aisle on certain issues. the wall street journal's editorial board issuing a warning on any potential deal, titled this the nancy pelosi method is an op ed this morning. there's a serious risk he'll be lured into anti-growth traps.

the u.s. could do worse than two years of gridlock when nothing economically damaging happens in washington. joining us now is senior advisor, democratic strategist, adrienne el rod and matt shlapp. your reaction to the journal's comments. thank you for joining us this morning. >> good to be with you, maria. i scratch my head when i read wall street journal editorials like this. the president has no policy focus? come on. we've been watching him in action for two years. he's deregulatory. he believes that taxes should be lowered. his approach to government is when it should do something, it should do it extremely well and extremely efficiently. there are plenty of things the government should do. i think it's an absurd editorial. i'm glad the president is saying he will reach across the aisle and i applaud everything he is saying. maria: i think the editorial is trying to make the point, adrienne, that no agreement is

better than a bad agreement. because if the dems come in and start trying to reverse the tax cut plan, reverse the rollback in regulations, that could be damaging to the economy. your reaction, adrienne? >> first of all, i'm glad take presidenthatpresident trump andr pelosi made it clear they want to work together. i think bu bipartisanship is ned in the country. a lot of voters out there in america expect this. i i think we'll see compromises on potentially infrastructure and a couple other kitchen table issues that matter most to americans. i hope republicans will come to the table on health care and help make critical fix there's as opposed to repealing obamacare. i think we're off to a a a good start. let's hope this sort of approach between trump and pelosi continues. >> it's guy benson. you said you're applauding everything trump is saying after the election.

one of the things he said yesterday was he went down this list of defeated house republicans from swing districts, tough districts and named them, barber comstock and so sort of dancing on their political grave and mocking them for not embracing him or kissing the ring. is that helpful. >> i watched that press conference. i didn't find him mocking them at all. he's making the point that there's plenty of reporters trying to say the midterms were a bad result for the president. those who work closely in washington, d.c. realize the house majority wasn't doing much anything. i think a lot of voters, republicans, conservatives and trump supporters very rationally said it seems like the real action is in the senate. let's get the judges confirmed. we're going to probably have another supreme court vacancy the next 18 months.

those politicians, republicans, who are still trying to have their cake and eat it too, they love to dis the president, to be disrespectful. they don't come to the airport to shake his hand when he comes to their district. he wants trump p supporters to supporting them. many of the politicians were too political in how they approached this. nobody believes that when you stand up for the president and his policies that are good in your state and district and the economy's good almost everywhere in the country, they don't think you're donald trump. donald trump is a unique guy. i think they worry that he will hurt them politically. what ends up happening is they don't get the support of the trump support because it looks like they're being disrespectful. it was bad politics. >> if i may, the one concern i think people do have is that the one area where they may be able to find agreement, democrats in the house and the president, maybe the senate, is the

possibility to spend a lot more money. when people go to washington, they get elected, the one thing everybody can agree on, i do think again not that i'm defending what the editor board said, one of the concerns people have about the president is if somebody comes along with a plan to spend money, he may find it testimonying. we have a -- tempting. we have a fiscal deficit that's unpresunpress deputied. what's the chances we end up seeing the one thing we do in the next couple years is adding nor the country's debt? >> i will tell you this. when i came to congress when i started working in washington back in 2002, in congress, there was something called the blue dot caucus which exists. but it's a much smaller group of democrats. these were democrats oftentimes from southern states who were fiscally responsible who wanted to work with republicans across the aisle to do something about the debt. and so i think democrats and republicans, away we can find common ground here is to

actually do something about the debt. it's out of control. building the wall for example would absolutely skyrocket the debt. so finding approaches where we are fiscally responsible would be a good thing to come together on. dagen: the wall is not the problem, adrienne. it's entitlements in this country, largely, where two-thirds of our federal spending is just required by medicare, social security, and the like. very, very small sliver is discretionary spending. to that point, when are the republicans going to getly region on cutting spending. how are you going to pay for infrastructure spending? are you going to raise gas taxes? people in california just voted to keep the gas tax increase in place that governor jerry brown and the democrats pushed. >> this is -- your point, i'm going to answer your question with a point you made. any politician that's not willing to seriously look at

entitlements -- in all fairness, when president trump ran for president he said i don't want to touch the programs. if we don't look at how we bend the curve on these programs, you will have no impact on federal spending. when you look at the fact that republicans came in and said we're going to have earmark reform, made most of us laugh because in the end, you're talking about pennies. pennies out of trillions of dollars. what you have to look through are what are the big drivers. the big drivers are the part of government that's on auto pilot. we can't do anything to change it. let me tell you, i think both parties are at fault but adrienne, i have to push bag on the blue dog. the democratic party has become socialists. they've become so radicalized. how can we work with a party that has become so off-the-hook on their political philosophy. maria: go ahead, adrienne. >> again, democrats have had no control over the last two years of the house, senate and the white house. yet, my friend matt likes to blame us for a lot of the fiscal

issues we have in the country. >> we didn't have 60 votes and you know it. >> you have a lot more votes now. >> thank god. maria: thank you so much. good to see you and good issues that we are highlighting there. president trump just tweeted on the mass shooting, writing this, i have been fully briefed on the terrible shooting in california, law enforcement and first responders together with the fbi are on the scene. 13 people dead at this time have been reported. likewise, the shooter is dead along with the first police officer to enter the bar. we will bring you more details as this story develops. stay with us. - [narrator] at athene, we think it's time for the financial world to stop acting the same old way. in today's complex world, you need a partner that is driven to provide you with better solutions for these challenging times, one that is willing to disrupt the industry, and break free from conventional thinking. (thudding) we are a different kind of financial company.

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maria: welcome back many we are following breaking news this morning. a gunman kills 12 people in california. cheryl casone ha more details. cheryl: this mass shooting happened last night around 11:20 local time in thousand oaks california. that's about 40 miles west of los angeles. now, the bar where this happened was hosting a college country night. it was packed with students at the time of the shooting. >> after the first round it was quiet for about five seconds. and then some guys that were next to me on the floor got up and started sprinting towards the back door and yelled at everyone, get up, run, he's coming. and so it was like 50 people trying to get up and run out the back door all at once. unfortunately, i was one of the

ones that got caught on the floor and was trampled on by a couple people. on my way up, i got hit in the head by a bar stool being thrown at a window. and i at that moment, i didn't know whether i was going to be able to get up or not and if that guy was really coming, what was going to happen to me. cheryl: hundreds of students were in this bar, maria. a sheriff's deputy was among the 12 victims, sergeant ron helis was immediately hit with multiple shots. he is su survived by a wife and son. the suspect was also found dead inside the bar. another headline this morning, president trump says he thinks that there's going to be a second summit early next year with kim jong un. trump added today's meeting between mike pompeo and a senior official to lay the ground work for the summit will be rescheduled. u.s. officials say north korea

canceled the meeting. there's been little progress on getting north korea to take steps towards denuclearization since that first summit happened in june in singapore. well, facebook's messenger app is going to give its users a do-over. people who sent a message on the app will have 10 10 minutes to f they want to unsend it. facebook first began testing feature last month. they had been quietly deleting messages sent by the ceo. maria: who hasn't done that. >> there's a 10 minute delay before you get a message to someone. suppose you need to get a message you urgently to someone. dagen: you don't use the facebook messenger app then. you make a phone call like old school. >> i would like to get a take-back from messages i sent two years ago. maria: we are covering breaking

news. it's a terrible story, a deadly matt shooting inside a california bar on college night, 12 people have been killed including a sheriff's deputy. the gunman is also dead. we have the very latest coming up after this. i am a family man.

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maria: welcome back. president trump just tweeting on the mass shooting this morning. here's what he said. i have been fully briefed on the tear i'll shooting in california. law enforcement and first responders together with the fbi are on the scene. 13 people have been reported dead. likewise, the shooter is dead along with the first police officer to enter the bar. great bravery shown by police. california highway patrol was on scene within first three minutes. the sheriff's sergeant died in the hospital, god bless all of the victims and families of the victims. thank you to law enforcement

writes the president this morning. supreme court justice brett kavanaugh will have a scaled back ceremony today. doug mcelway has more from the white house this morning. good morning to you. >> reporter: it's going to be a scaled down ceremony because of security concerns here in the nation's capital. the traditional walk that most new justices take down the front steps of the supreme court building will not happen today out of security concerns. it comes at a time when the controversy over justice kavanaugh is not dying down at all in washington. listen to what mitch mcconnell said yesterday about the kavanaugh effect on increasing the gop majority. >> i think it was like an adrenaline shot. we were worried about lack of intensity on our side and i think the kavanaugh fight certainly provided that. it was extremely helpful. it's noteworthy that the one democrat in a red state who survived voted for kavanaugh, joe manchin. >> reporter: democrats may not

let up on kavanaugh. we understand from a report by molly hemingway in the federalist that she overheard the p soon to be chairman of the house judiciary committee suggest on a telephone call they're going to begin impeachment proceedings against the new supreme court justice. back to you, maria. maria: thank you so much. doug mcelway at the white house. breaking news, a deadly mass shooting in california, a dozen people are dead including a sheriff's deputy after a gunman burst into a college bar. next hour, "mornings with maria," we've got the latest. we will go back live. stay with us. it's time for sleep number's veterans day sale on the new sleep number 360 smart bed. it senses your movement and automatically adjusts to keep you both comfortable. and now, the queen sleep number 360 c4 smart bed is only $1299 - save $400.

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>> good thursday morning. thanks for joining us. i'm maria bartiromo thursday, november 8 top stories right now just before 8:00 a.m. on the east coast, we have breaking news that we have been covering there has been a mass shooting in a california bar, at least 12 people were killed including a sheriff's deputy the gunman also dead,

ventura county sheriff describing the scene inside that car. >> it's a horrific scene in there there is blood everywhere, and the suspect is part of that. >> we have very allocates coming up developments as they come in, plus jeff sessions was fired, what is next for the department of justice the russia investigation? that is coming up, also new overnight new era for tesla company replacing elon musk as chairman, with robin, on the border looking at off to job she has keeping him in line. >> a preview of denies earnings this morning, condemn automotive the closing bell futures indicating a lower opening for the brazenly after a rally yesterday, we are waiting on federal reserve decision that happens 2:15 eastern today not expecting the fed to raise rates today but it was a powerful rally yesterday on the midterm tlebs news dow industrials picked up 545 points better than 2% s&p up 2% as well nasdaq up 194

points a gain 2.6% yesterday the close in, europe this morning, no follow-through you got ft 100 up 35 points one half of a percent, the cac quarante is up just a fraction, and dax lower by a fraction, in ain't market mostly higher, as you can see, there, the best performer japan nikkei average up as you can see, almost 2% coming up this thursday morning joining me to break it down fox business network dagen mcdowell, town hall political editor fox night contributor guy benson wall street editor jerry baker thank you for joining us good to see you -- >> good morning. >> there are other things happening we are getting to breaking news in a moment what strikes you away from breaking news that you are going to get -- >> hard to get away from breaking news. >> really is. >> the victims here he overwhelmingly are young people college country night, then you have they sheriff's deputy arrives on scene shot dead approaching retirement on force 29 years a really, really sad situation, then as

we've heard multiple reports some people inside that bar were survivors of the las vegas massacre i can't imagine that feeling sick snooeng if you are waking up joining us we have breaking news overnight, a mass shooting at country bar in the los angeles area. at least 12 people are dead. plus the gunman louis are those with details right now headlines. >> that would make 13 people, one of them, the sheriff's deputy is dead this morning, he held a hero a gunman opened fire at country music bar in thousand oaks california, very safe place to live. sheriff's deputy among those shot and killed his name juan feliz served on -- helus looking at retirement shooter dead ventura county deputy providing up update this morning on the investigation. >> we have not identified the

suspect yet, our pairnz from the fbi were on scene almost immediately. to help us with that identification process. and with crime scene processing we have no idea if there is a terrorism link to this event or not. >> authorities say hundreds of people were inside borderline bar and grill hosting college tonight witnesses describing chaos after shots fired. >> i just started hearing big pops, pop, pop, pop. there is probably three or four i hit the ground look up, this security guard is dead, i don't want to say dead but shot down, and the gunman was throwing smoke grenades all over the place. >> president trump tweeted on mass shooting i have bn fully briefed on terrible shooting in california law enforcement first responders together with fbi are on the scene, 13 people at this time have been reported dead likewise shooter

is dead, along with first police officer to enter the bar great bravery show the bill passed by police chp on scene in three minutes first officer to enter shot numerous times, that sergeant died in the hospital god bless all victims,family of the victims thank you to law enforcement. and the sheriff updated us about an hour or so ago, he obviously was friends with the sergeant that died. ron helus had to tell his wife got choked up, here we are again another mass shooting, taking lives of innocent people. maria: terrible, lauren thank you. we will have more as they come in get back to you lauren thank you so much, joining me right now democratic texas congressman, reaction right now to the shooting and now congressman good to have you this morning thanks much for joining us reaction to what we have been reporting today. >> well, again, thank you. i know it is horrible to see this type of a situation that a coward would go in and kill

this young college students, of course, the deputy sheriff to try to save those kids and, again, my prayers to them, we let investigations find out when this individual is, why did he do that, but, you know, a coward shooting young kids, is just beyond words. >> really is just beyond words i want to get your take what cab get done two years obviously we want to switch gears to a divided congress given the news, democrats retaking the house, republicans gearing up for an anticipated hurdles on frshz taxes to trade, the president along with house minority leader nancy pelosi spoke out on the plan nor bipartisan yesterday what we heard from them watch this. >> i give her a great deal of credit for what she has done accomplished, hopefully, we can all work together, next year to continue delivering for the american people. >> we as democrats are here to

strengthen the institution and in which we serve have it be a -- not a rubber-stamp for president trump we believe that we have responsibility to seek common ground. where we can. where we cannot we must stand on ground. >> congressman, what are your thoughts in terms of what have can get done i know we have heard a lot about i and colleagues want to go bring investigations investigating president trump. prolongs intrig potentially trying to impeach him anything done in terms of legislation. >> i am a new -- co-chair we have reached out to republicans i believe bipartisanship i want to work with the president. on the issues that we can work together whether infrastructure, or looking at the health care. and making a changes for the health care keep what works, you know repeal modify things that don't work do it in a bipartisan way, nafta i am from border trade important to

united states to many states i think we can find common ground i want to reach out like i have done in the past there is a lot of democrats want to reach out to republicans, and we will continue working, in the appropriations we have always worked together democrats and republicans that is type of bipartisanship american people want. >> absolutely, i want to get back to the border in a moment you mentioned blue dogs we have been talking about this morning blue dogs we have been talking about, debt and deficits, so here we are, looking at a trillion-dollar deficit in the coming years next year, beyond, 21 trillion dollars in debt right now, what is your plan, to -- to stop spending? . >> you know, in keep in mind there's two columns, what comes in, what goes out, and what is going out right now is less than what is coming in as you know, i support tax cuts but any time do you tax cuts there is less money coming in, there is more money coming out keep in mind that two-thirds

of the he increased mandatory spending we got to talk about medicare social security mandatory things that something we need to talk about nobody wants to talk about that. nobody wants to talk about that, appropriations i think if you look at over, we have been able to -- to put the money in use it wisely this is what we need to look at there's two column what comes in what goes out i think if you look at that, we got to talk about how we can address the deficit we don't want that deficit, it is growing, large amount of that goes to foreign countries on interest the interest we're paying something we need to do it together bipartisan. >> absolutely right i am glad you mentioned that obviously we know that much of the money and much of the growth in spending is from those entitlements so what are you planning talking about this? do you have a plan time to have this conversation? are you going to do a hearing on it? are you planning to actually come up with a bill that changes medicare mistaked

social securi medicaid. >> social security. >> there is a lot of proposals out there what is likely not plans out there what is lacking, can we get together, in a bipartisan way got to be bipartisan because if republicans try to do something flats think a if democrats try by themselves republicans definite going to attack has to be bipartisan way what american public wants is to do they want is to address the issues, the only way things last for a long time not one session to the other session, or when a majority takes over, different majority, you know losses out it got to be bipartisan those are the long-lasting, pieces of legislation, that will keep us going for many years. >> we definitely will be watching bipartisanship on this issue you are right major issue i want to ask about attorney general now, president trump, firing u.s. attorney general, jeff sessions replacing him with sessions chief of staff

whittaker a permanent replacement expected nominated at later at a time congressman your take on this, what are your you looking to accomplish here? >> you know again i don't have that jurisdiction in appropriations but that will come to us in the floor but i think what folks especially, when they look through senate confirmation, i think folks are going to look at to have an attorney general, that is going to enforce the law not interfere with any investigation just let the process go. but, again, you know, let's see who they nominate as final sneern was it appropriate for jeff sessions to resign given what his performance has been last two years how has he done? well you know, again, i -- i work with the department of justice, on many things, so on the level we have worked good many issues, and but, again, this is something that the president decides who stays who goes. maria: yeah. >> the president asked for his resignation he got that

resignation,we do know that over so many years the president has been, very critical of -- of jeff sneegs let me ask you about this yesterday busy for both sides leaders trying to come up with a plan, in terms of of the leadership, nancy pelosi wants to be speaker, are you going to vote for nancy pelosi to be speaker. >> you know one of the things some of us are asking we want to did the sun on talk about reforms rule open up system to make sure as blue dogs want to see blue dogs be part of the -- of the leadership. be part of the committee, key committees because we want to make sure that the new members coming in, the ones that red states moderate conservative democrats like myself want to sit down with her talk about rule changes open up the system, have more blue dogs at the table to make decisions, that is what i am looking for then we can talk about who we are going to be supporting.

>> well there are a will have the moderates very critical of nancy pelosi. and there are a lot of people want that job, who are more moderate than nancy pelosi. are there others who you would vote for away from blows desti -- pelosi? >> any candidate will talk about rules things i mentioned. >> when will you decide. >> once we decide, if accounts that account whether miss pelosi leader pelosi or somebody else are they going to work with us on rules changes to open up the system? on the floor, to allow amendments to come in other changes that we want, are we going to have more blue dogs at the table those are the things. >> makes a lot of sense what blue dogsu say about caravan thousands of troops deployed at border you represent border state migrant caravan from mexico senate majority leader mitch mcconnell weighs in on future plans for the board wall funding here is what he said yesterday listen to this

congressman. >> we certainly going to try to help the president achieve what would he like to do with regard to the waboard security obviously some kind of bipartisan discussion. >> congressman, you represent the people of texas are you going to vote for the board wall funding. >> heck no, no way look i want strong border security i want to see more board patrol agents out there technology down there, i want to make sure we secure the border we don't want open borders we want law and throwed we want to do it right using 24th century technology military uses technology there are things out there that work. >> what better than wall what kind of technology is better than the wall tell us explain it to us. >> yeah sure will. -- cameras, sensors. >> we have that there now how is it possible we don't have that there mow. >> oif gone to the border patrol middle of the night to board patrol with them they tell you see cameras over

there congressman, that one facing that way is working that one over there is not working. >> come on give me a break how is this possible that you have cameras there not working? . >> on your watch. >> that is exactly what i am saying that is exactly. >> you are right. >> exactly what i am saying -- what when you take money away interest intelligent personnel we losing more board patrol than gaining board patrol losing more board patrol than we are hiring so what is the administration do? they pet out 290 million dollars to get a cr to show how to hire people no give them money to the board apple tro bonuses pay raises by equipment things that work i live on border i know what it is. >> that is little rights that you have equipment at the border that doesn't work both sides' fault. >> why don't you go with me to -- >> to the boardr. >> i am going to follow up on that congressman. >> let's do it. >> congressman good to see you this morning. thanks for joining us we hope

you come back soon congressman, breaking news horror in california very latest developments on mass shooting that killed at least 12 people that is next, stay with us. same old way. you need a partner that is willing to break free from conventional thinking. we are a different kind of financial company. we are athene, and we are driven to do more. the new lincoln mkc.mix. connecting the world inside, with the world outside. so you can move through both a little easier.

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breaking news horrific shooting in southern california. cheryl: a gunman opened fire, at a bar packed with college students last night killing 12 people including, a sheriff's deputy, the shooting happened 11:20 local time borderline bar and grill in thousand oaks california 40 miles west of los angeles hosting a college country night witnesses say gunman using a handgun. >> i saw -- people get shot. it as soon as he walked in, he had perfect -- form i was born in military family been around guns entire life he looked like he knew what he was doing

he -- had been shath for i went with 11 friends, so far we have only found six of them. >> this suspect also found dead inside of the bar. >> well, tesla board las a new chair robin to replace elon musk, the ingredient found musk tweets in august about taking company private fraudulent, she served on tesla board since 2014 musk tweeted would he like to thank robin for joining the team great respect very much look forward to working to being, a look at tesla in the premarket, little change, up half a percent right now "wall street journal" is reporting that google is planning an expansion in new york city that can rival an seldomly motive making work for 12,000

new workers doubling the size parent company alphabet reportedly -- 1.3 million scare foot office billed in west village that he expected to be completed 2022 nothing is that going to expand two existing new york city locations. >> snow in midwest windchill eastward dropping temperatures to sincerely zero in areas few storms moving through expected to bring snow to the great lakes, new england rockies and western plains, cold temperatures, last into the weekend by middle next week you could expect freezing temperature across eastern half of the country, winter is here, maria. maria: wow, okay get ready for that then thank you, breaking news at least 12 people have been killed in california, very latest as president trump is briefed on the mass shooting, that is coming up next the dow on pace for best week since february,

16 breaking don how economy under president trump is impacting wall street and economy. stay with us. 6

. twef people including shed shot and killed in mass bar shooting in california. the shooter also dead it is unclear, how he died, we do not have a motive yet they have not identified the shooter, we are watching markets, of course, after yesterday's 550 point rally in dow industrials, this morning, markets pulling back dow industrials down 40 points, s&p down 8 nasdaq down 34. we are waiting on federal reserve decision that is due out 2:15 eastern, we are not expecting an interest rate increase today but we are expecting one in december. from the "wall street journal" your expectations with federal reserve? >> not expected to do anything

that i they've been raising steadily two years we will see more increases next year very strong jobs number particularly with wage growth suggests economy is really booming, and that is finally coming through into increased wage pressures i expect fed keep pushing up rates next year concerned about possible breakout of fla is. >> trog to see market reaction yesterday 545 points higher on dow industrials, two and a half% higher nasdaq markets about reacted to election. >> about markets tend to like divided government republicans able to push through a pretty robust economic agenda in two years despite regular -- won very good place economically grid lock not al terrible i think what markets saw. >> i would-bed what comes out of divided congress you have been so on the spending issues out of this congress, the fact that we're looking at a

trillion-dollar deficit looking at 21 trillion dollars in debt what something has to give. >> therelize the endangering you he mentioned "the wall street journal" editorial, entitled the nancy pelosi method sensational warning to president trump, don't get lured into a trap and bad deals i would argue that infrastructure in multibillion-dollar infrastructure spending is a bad deal if you don't pay for it. you are going to pay by raising gas redactions? i say will this something, i will address -- next time on can offer his retort market will move against you individuals investors around the world lend money to the federal government extremely low rates, one day the and day might arrive very soon where they say hmm 3.1%? you need to pay me whole heck of a lot more to loan you money given your --

>> interest paints increasingly significant huge payments as rates go higher. >> one few things two parties seem to be able to agree on from time to time, is to just spend more money that we don't have, in divided government there is more risk of that. >> how does president change, in the next two years? does president trump change his tone? does he change in terms of the way he approaches business? working with the democrats now. >> i think i think we cannot expect a change of tone i think that would be i mean you know -- >> he did suggest is that in interview recently. >> kind of things they donate happen, don't happen it worked his tone party makes donald trump, donald trump the way he speaks the way he tweets the way he call people out calls people by name that is who he is, whether you line it or hate it has been part of his success, both you know in business,but, also, in politics so that is that is and also, he is as 70

plus-year-old man they don't change. >> he can and i think this is where the concern comes in for a lot of people concerned like daying ben deficit, he can find wise to work with the democrats he is not particularly ideologic used to be a democrat supported democrats in new york city a long time gave money to them in aim of on the trying to achieve something two years does agree to big spending bill does increase deficit -- that is a worry that thrives on conflict having a foil now a bigger target. >> true, they have him in their sights. >> absolutely. >> for sure we will continue following this, thank you, guys breaking news this morning, community in shock, a nation in shock the latest developments on california mass shooting, killed at least 12 people we will hear from survivor when we come back.

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morning. i'm maria bartiromo it is thursday, november 8 breaking news out of california this morning, 12 people including a sheriff's deputy killed in a mass shooting. >> i was dancing. like i normally do, and then i heard the gunshots i turned around and it was a guy walked through the front door started shooting people. maria: ventura county sheriff spokes person says gunman is also dead the latest on tragedy throughout the morning this morning, breaking news on economic weekly jobless claims out very much in line 214,000 in line with expectations. markets are expected to open down today to look, futures indicating a decline 50 points on dow industrials 38 points lower on nasdaq we are waiting on federal reserve, a fed meeting two-day meeting is finishing today, we will expect a decision :15 pm eastern not expecting the fed

to raise interest rates, at this meeting, european indices this morning are mixed as you see the ft 100 up a fraction 28 points higher cac quarante basically flat down one point, the dax in germany down 13 points asian markets mixed overnight best performer japan nikkei average up 1.8% if you are waking up joining us this morning, we have breaking news overnight, a mass shooting, at a country bar in the los angeles area. at least 12 people were shot and killed. plus the gunman 13 dead lauren simonetti with more now. >> as you said maria at least 12 dead including a sheriff's deputy after a gunman opened fire, at a country music bar in thousand oaks california, the shooter is dead. law enforcement have identified him, and weapon he used, but not he revealing that at this time. they know who he is. a sheriff's deputy among those shot and killed last night name and you see him here ron helus served on force 29

yeared, ventura county sheriff geoff dean remembering helus earlier. >> ron was a hardworking dedicated -- sheriffs sergeant, he was totally committed, he gave his all, and tonight as i told this is wife, he died a hero. because he went -- he went into save live to save other people. >> authorities say hundreds of people were inside the borderline bar and grill hosting college night, one witnesses describing the chaos after the shots were fired on "fox & friends". >> after the first round it was quiet about 5 seconds then some guys that were next to me on the floor, got up and started sprinting towards the backdoor and -- yelled at everyone get up reason i he's coming. run, he's coming. it was like 50 people trying

to get up and run out the backdoor at once, and i was one of the ones that got caught the on the floor trampled on by a couple on the way up hit in the head by bar stool being thrown at a window, i at that moment i didn't know whether i was going to be able to get up or not, if that guy was really coming, with a was going to happen to me. >> now that they know who the guy is we will bring you any developments when we get them including, the potential motive here, maria. maria: thanks very much turn to white house shake-up right now president trump, has fired attorney general jeff sessions, immediately following midterm elections replacing him with chief of staff matthew whittaker a permanent replacement top nominated at later date joining us now former federal prosecutor thompson and knight partner robert wray thanks for joining us reaction to this,

and what is it for the future of the robert mueller probe. >> as he predicted correctly there was no surprise was in works we knew had a strong prohibit this was going to happen shortly if not immediately, after the midterm elections as recall thes of the fact senator lindsey graham likely to be next judiciary committee chairman in senate, essentially green lighted this result, so that is what happened. >> during the kavanaugh -- hearing, but in terms of of the robert mueller investigation matthew whittaker chief of staff overseeing that what do you expect do you expect mural to be muir to be done. >> commentary trying to protect mueller investigation things may happen if he completes his investigation with a report let's say before the end of the year that may happen, i don't know, there are a couple of impediments to that one is miebl horowitz

inspector general has a report out standing due some point, you know with regard to the to the origins of the russia investigation that is one thing, second is. >> supposed to be out by year end michael horowitz. >> that is embezzlement to conclusi-- an impediment to conclusion there is word reported something going on in d.c. circuit between the appellate court and district court relative possibly to the question of subpoena the president president's testimony now has to revolve itself i believe oral goopt with regard to sealed matter scheduled this month next men and women you imagine that would have to be resolved mule wore get whatever he is going to get once accomplished, to answer your question do i not think that it would be appropriate for whittaker to make decision about trying to taerment or circumscribe the investigation acting ag not senate confirmed we don't know who new attorney general is

going to be. >> doesn't have authority -- >> he has authority but -- i think we have to be careful about the terms he does the authority the acting ag he presides over deputy attorney general senate confirmed that is rod rosenstein had responsibility for the investigation as a result of recusal of sessions. >> rosenstein supposed to do a public interview, with congress by year-end too so that is -- >> lots of things in the mix but i think to get back to the point, i do not think that there is going to be any precipitous action in hold period that is period of time between now and when a new ag is named by the president, and that person is confirmed presumably in january. >> because -- >> by new senate. >> 200 days that is. >> sure. >> i think it this is the country's interest i think the president will find in it country's interest i think senate will find in it country's interest to not labor long over this and that it would be appropriate if

possible, to have a new he attorney general confirmed in january. >> dagen, i mean the democrats are already talking about the fact they don't like this senate jiernt leader check chuck weighed in timing yesterday. >> i find timing very suspect number one. but number two, the our paramount view is that any attorney general whether this one or another one, should not be able to interfere with mueller investigation in any way they should not be able to end it not able to limit it should not be able to interfere with muir going forward and doing mueller doing what he thinks is right thing will help guide us through this process. >> your reaction. >> -- senator schumer actually watched this program. one of his constituents host it and you have been talking about this for months and month and months and medicines

the timing of this was -- telegraphed forecast, by maria bartiromo. maybe he wants to maybe not watch. you know, msnbc 24-7 number one, number two there is an element of the democrats trying to go to the president. goad the president biosomething rush sessions fired jerry nadler head of the house judiciary committee call for sessions to step down, last year. >> good point. >> in fact, so it seems quite suspect and modal go to sessions resigns to this is the saturday night massacre. >> to be fair dagen worry is not everybody knew sessions was going to go absolutely clear i think the concern the legitimate concern people have that he has been replaced at least on pro tempore basis by someone a vocal critic of the mueller investigation. >> isn't it also.

>> in rereplacing him taking -- >> isn't it legitimate concern also a legitimate concern that we have been watching robert muir investigation after two years and there has been no evidence of collusion and they are still talking about it? >> how long can this go on. >> i think that is exactly right i mean -- just because somebody has been critical of the investigation, does not make it disqualifying from presiding as chief law enforcement officer of the country. that in fact democrats make the point of well, wait a minute totally inappropriately for the president to choose his prosecutor hello that is what the president does he chooses the attorney general. that is how it works. you expect that person to act in the public interest be fair and there aare legitimate concerns about prematurely terminating investigation that said you are absolutely right, this is gone on no i for more than 18 months i have said from the beginning you and i have talked about this over all this time, when you get to

the point of 18 months plus to two years you either have it or you don't not going to get any better waiting more months. >> robert mueller what do you have? i think that is part of. >> close to put up or shut up. >> ag in place says okay agenda item one what have you got where are we on this we got to talk about justice kavanaugh i know you wanted to bet in on sessions justice kavanaugh said to have a former investiture ceremony saddleback due to security concerns your take on this? >> i am wondering if security concerns are unique to justice kavanaugh, or for any justices as we saw quite a raucous around his nomination in confirmation process about one thing interesting you mentioned jerry nadler incoming judiciary chairman in house one of our colleagues was on excela train overheard him loudlyly on cell phone about what he plans to do as that chairman russia was on the table impeachment of the

president on table going back after kavanaugh and even going after the fbi for not doing enough on kavanaugh apparently, things he was talking about so the idea there is going to be some -- new tone he between white house and house democrats you are dream. >> as we know already two women admitted they lied about sexual assault by kavanaugh. >> i think train is passed this is whistling dixie in the wind, brett kavanaugh a friend of mine a former colleague, deserves better than this. there are legitimate security concerns obviously as a result of what has transpired so it is unfortunately nothing anybody can do about it but, you know, obviously in ideal world this is not how would you like to go in, in an investiture to the supreme court of the united states, but look that is life. >> going after him for perjury for something he wrote in yearbook maybe? that. >> where are the where is the outrage from mainstream media about two womenlying you can't just create a story a guy

sexually assaulted you she said i want it to be in the mix you are not seeing that anywhere in mainstream media where is it? >> immediate coverage of kavanaugh was disgrace media terrible, and so just realities with regard to resolving things like that just so but facts no -- >> ultimately public sentiment is guide flats can try to travel down that road good luck to them. >> you don't think there is no i possibility mueller will complete his investigation and hand it to matthew whittaker as acting attorney general leave it for him to decide what to do with it? you think there will be a new attorney general by the time. >> maria said possible this could happen before the end of the year obviously would be desirable to get this over and done with sooner rather than later i do think there is a -- i guess a sense that -- >> suggested going -- >> well -- >> -- what that is anything

about the report -- >> the whole point it goes to him doesn't go to congress right so he -- >> two-step process but it is going to congress ultimately, will be released to the public i think that is inevitable the bottom line i think that this -- there are some things that -- >> wow shrimp, .

welcome back following breaking news this morning out of california 12 people including a sheriff's deputy have been shot and killed. mass bar shooting, the shooter also dead, we will bring updates as they come in we are

waiting on a motive the identity of the shooter watching markets this morning things have worsened throughout the showday dow industrials near lows of the morning down 60 points quarter of a percent, nasdaq down 41 points two-thirds of a percent, after big rally yesterday we are waiting on federal reserve decision, investor want to hear what fed says 2:15 pm eastern after two-day meeting not expecting fed to have raised rates or to announce a rate hike at this time. we are expecting a rate hike in december, denies in news set to report fourth-quarter earnings after closing bell gerri willis on the floor watching disney. >> after the bell final dow component to report expecting earnings of 1.34, 25% gain year-over-year revenue should come in 13.7% investors expect half earnings come from the

disneyland parks, also on tap with this report watching for the stream strategy esc, launched in april we expect, a dedicated disney streaming service announced we want details of that we are also looking for a view on how to handle 21st century fox assets continual out, statement up 9.2% outraised guidance profits turned from a loss to the positive column so that was big news 90% s&p 500 companies reporting earnings up, 29.2% amazing performance this quarter all of that winding down right now maria, back to you. >> that is even better than we expected gerri thank you so much gerri willis flow of new york stock exchange earnings 29% higher year-over-year for the quarter dagen: that is -- >> we were expecting 22%. dagen: that is great news. maria: revenue a problem? >> this have been large personal of revenue misses

been the concern whether -- >> we will take a break a nation in shock this morning the latest developments on the california mass shooting, that killed at least 12 people we will hear from survivors when we come back. [ phone rings ] what?!

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maria: continue to follow breaking news gunman kill 12 people in california. cheryl casone with details. cheryl: this mass shootings happened last night 1 :20 local time in thousand oaks, california. about 40 miles west of los angeles. the bar was hosting a college kin night it was packed, with students, at the time. >> well i was looking, was directly at where the guy walked in, and started shooting. and i -- put me in shock i have been like thousand oaks

this is ventura county area or safe haven nothing like this happens. >> sheriff's deputy among 12 victims sergeant ron helus first responder immediately hit with multiple gunshots, he is survived by a wife and son, the suspects found dead inside the bar maria. maria: we will find out more as it comes in thank you cher continual up final thoughts from our panel. stay with us. yond the numbers yond the numbers to examine investment opportunities firsthand. like e-commerce spurring cardboard demand. the pursuit of allergy-free peanuts. and mobile payment reaching new markets. this is strategic investing. because your investments deserve the full story. t.rowe price. invest with confidence.

>> welcome back final thoughts from this all star panel jerry baker. >> tragic shooting in our thoughts go to the victims and -- the young kids it sounds like many of them were victims and that sheriff deputy who -- incredibly bravely died in line of duty. very sad. >> absolutely we'll find out more throughout the day in terms of the motive and identity of the shooter. >> and what's horrifying about it is it sounds premeditated

witnesses talking about smoke grenades and suspect had a handgun and i can't stop thinking about that law enforcement officer who was nearing retirement, 29 years on the force walking in, shot to death in his colleague said he died a hero. he went in to save lives save other people. >> there within three minutes our best in the world and we thank them every day. >> we do pray for all of them, and their families everybody who puts their life on the line. for this, for this country to protect us every day, and fight for the freedoms that we hold so dear. and -- to that point, like, focused on the sheriff deputy out there mentioned mental illness i've never seen anything like this in my time and career and mental illness somebody like this who has a mental problem and that will be a focus of the discussion most certainly. >> it sure is will. our condolences to all involved.

dagen mcdowell thank you for joining us this morning. that will do it for us "varney & company" begins now. stuart over to you. >> thank you very much. good morning, good morning maria, good morning everyone. yes there's been a mass shooting at a bar in southern california. 13 dead including a police sergeant. the shooter is dead. no formal id at this point and no known motive dreadful scene we will have more on this as no, authorities and witnesses tell us what happened. rest of the news, jeff sessions replace. as attorney general is matthew whitaker he's now in charge of robert mol or and russia probe. mr. whitaker has been critical of the scope of mueller investigation and on record as being in favor of putting limits on it. the the president said, quote, politically, i don't like stopping it as in the mueller probe. i stay away from it. it's interesting that stocks kement up the big rally as this political bombshell was