Entrusted with getting unemployed americans back to work. Labor secretary Eugene Scalia joins us live. We are going to get the scoop from scalia on how urgent the situation really is right now. Retailers among those of course hit the hardest by the coronavirus pandemic. We have the founder of one of the most visionary Mall Developers in the country. The grove in l. A. , i dont know if you have been there, its one of his. He is here. Caruso founder rick caruso on how hes making his california dream of safely reopening come true. This is a fox business exclusive. You got to see what hes doing. And netflix has emerged as one of the top pandemic superstars. The streaming giant reports earnings after the bell. Our allstar panel digs deep into the numbers with the one number that may tell you the whole story before the Earnings Results even come out. You have to stay tuned for that. But lets get to this breaking fox business alert. Treasury secretary Steven Mnuchin seen here arriving at tel avivs airport, its 11 00 in israel, but we are told hes wide awake and about to dial in with House Speaker nancy pelosi right now. Are we about to see a Major Development in this on again off again stimulus soap opera . As President Trump told fox news this morning, hes willing to go above House Democrats 2. 2 trillion price tag to help americans get back to work postcovid. The big wild card is the senate which has been resistant to any budgetbusting bill that adds massively to the growing national debt. Senate Majority Leader Mitch Mcconnell was just asked in the last couple minutes about his handling of the white house pelosi stimulus deal. Heres what he said. Well, what im telling you is that if such a deal were to clear the house, obviously with a president ial signature promise, we would put it on the floor of the senate and let the senate consider it. Liz the urgency to get something done perhaps stems from plateauing labor numbers recently. Initial jobless claims have started to come down from their highs back in march but they have ticked back up last week to 898,000, above estimates. There have been 64. 52 million jobless claims filed since the coronavirus lockdowns began. 40. 3 of the American Work force. What is the Trump Administration going to do to help struggling americans before the election . Lets bring in labor secretary Eugene Scalia. Welcome, mr. Secretary. Thank you for being here. So secretary mnuchin and Speaker Pelosi are supposed to be talking literally right now. The lines of communication have been open between them. But have you spoken to either the secretary or the speaker, given the statistics, you see at the Labor Department on the jobless situation, and have you explained the urgency . I have remained in touch with secretary mnuchin and his team as these negotiations have gone on and liz, as you know, the president would very much like to see an agreement from the perspective of unemployment assistance. Its been frustrating when the 600 a week cares benefit expired in july, republicans sought to extend it if only temporarily to have a continued discussion about what the right amount of a federal benefit would be Going Forward, but chuck schumer, nancy pelosi would not allow that and would not allow even a stopgap measure during negotiations. That caused the president to step in and find a way to use fema funds to continue Unemployment Benefits. Yes, we would like to see something done. I know secretary mnuchin is working hard at that. At the same time, let me emphasize this second point which is that unemployment right now is much, much lower than was being predicted back in april where we saw estimates that Third Quarter unemployment would be nearly 16 . But we know that actually in september, it was under 8 and this morning, our bureau of labor statistics put out its state by state numbers which are very interesting. We see that actually, a majority of states, 26 states have unemployment rates below 7 . The problem lies particularly we see from that report in some of our largest states, especially california where unemployment barely came down in september. Its at 11 , much higher than that 7. 9 national average. New york, illinois also really high unemployment rates, in the neighborhood of 10 . Liz yeah. Definitely the numbers have absolutely come down from those ridiculous highs, but you know, we want to stick to the people who are struggling the most right now. The currently unemployed. Thats under your purview. Airlines say they will be forced to cut jobs without more stimulus. The hotel industry. We had the ceo of best western tell us yesterday right here that nearly 50 of hotels in the u. S. Will default on their loans which of course could trigger more layoffs. Which sectors do you see needing it the most, the stimulus, right now . Well, airlines, we know are a sector that have been particularly affected, as has hotel and lodging. These are industries that i have spoken to the president about. I know he has concern there, too. Thats part of the reason its been important for him to get relief, and in order to continue Unemployment Benefits. But again, that said, we see much better signs in the economy right now than were being projected back in the really difficult days that we had in march and april. So i think the task before us is first to maintain the policies the president has set that were so vital in building that amazing job market we had precovid where we had record low unemployment and where we learned recently, we had really extraordinary wage growth for people at the lower end of the economic scale. Those policies of low taxes, eliminating unnecessary regulatory burdens, when you ask what we need Going Forward, thats an important part of what we need because it built the economy the first time around. We will need it Going Forward but of course, we do want to continue to get these Unemployment Benefits to people who need them even as we grow the economy and get them back to work. Liz i would imagine as labor secretary, your definition of success would be to see businesses reopen and the millions of employees who are still furloughed or jobless to get back on the job. Understandably, with eight million americans infected, 220,000 killed by covid, they want to be ensured they go back safely. Your osha team, Occupational Safety and health administration, has put out covid safety guidelines but it doesnt appear that there are specific and harsh legal penalties for employers who dont follow them. Your team told us that there are 10,810 covidrelated complaints to osha. We asked how many citations have been issued. They did not get back to us. So we had to rely on aflcio numbers and they say only [ speaking simultaneously ] tell me what they told you. Liz well, first of all, we put in calls to them as well. 96 class actions. We understand, though, that when were looking at specific citations, we need to know, at least employees need to know if they do go back, and i presume most of them do want to, mr. Secretary, that they are going to have employers, most of them are caring about their employees, but that all employers will be held to a standard and it appears your guidelines dont have teeth. What are you going to do about that . Well, our programs do have teeth, liz. Its funny, again, by saying you imagined our priority was to get people back to work, i almost at that point interjected, get them back to work safely. That has, in fact, been a priority for us from very early on. Osha began providing guidance related to covid all the way back in january. Its put out extensive guidance for employers and employees, about 20 Different Industries and it also has had a very active inspection and Investigation Program as well. This is something that i have emphasized from early on that we have existing regulatory authorities. I said from march, they were available to us to use, we would investigate, we would bring cases and we are now doing that. There were critics, the afl was among them, the former Obama Administration officials were particularly loud about this, telling people that osha was not conducting investigations. That was false. And we are now seeing the result. We have brought nearly 100 citations against companies where we found liz out of 10,000 . Were not liz out of 10,800 complaints . Well, liz, you know as well as i that a complaint does not necessarily mean theres a problem. We have investigated liz absolutely. Absolutely. But mr. Secretary [ speaking simultaneously ] when we found theres a violation and it was within the companys capacity to address the problem, you know, there were ppe shortages, for example, which can be a mitigating factor. But to date, we have brought nearly 100 cases and we will continue to do that. So as i said, in a white house podium briefing back early in the spring, the cop is on the beat. Theres not a case we havent brought because we didnt have a regulation in place. But finally, i will emphasize this. I have been doing labor and employment for nearly 30 years. Never in my career in the area have i seen employers as focused on keeping their workers safe. They know they need to do that. Liz i get that. I get that. They know they need to keep [ speaking simultaneously ] we are helping them do that through the guidance even as we maintain liz we are on the side of business. As a business network, we absolutely understand that the legal, you know, heavyweights that are put on the shoulders of most businesses but when you are looking at the meatpacking plants where there are mrajor outbreaks and chicken processing plants, i just think, and im not the only one who would look at this and say wait a minute, you want to get people back, dont you need to put teeth in those guidelines and be much harsher about it . You cant really depend on all employers. I wish we could. To deal with this properly, because this is the worst and strangest and most devastating pandemic in yours and my lifetime, and you cant just leave it up to that. I have your returning to work guidelines we pulled up here and it says these are, you know, they are very specific here. We can put it up. It says these guidances are not standards or regulations. Your own employer, the u. S. Government, didnt exactly follow it during the rose garden ceremony, mr. Secretary, and so many people got sick at the rose garden september 26 ceremony for amy coney barrett, which you and your wife attended and we were very concerned to hear that your wife tested positive shortly thereafter. So you cant really depend on everybody to follow these. So isnt it on your shoulders as a labor secretary to ensure and put teeth into Something Like that . Well, liz, you know, i was very pleased let me say first of all, to attend that ceremony for amy coney barrett, who is an exceptional judge, exceptional person. I think the American People have come to see that and i think will be a terrific justice. With all respect, liz, i dont think you understand the osha regulatory program. It has been a twopronged approach. We have issued guidance. That guidance itself is not legally binding. But as we have made clear from very early on, we have a number of regulations that are legally binding. We will bring cases when they are violated. And we also have Statutory Authority that we can use to bring cases and we have done so. I said from early on we would. We have done so. And including with respect to meatpacking. So there are teeth as well as the guidance. Its a twoprong strategy. Guidance but enforcement as necessary. And we will continue to do that in a measured way, recognizing again, as i said, i dont think you dispute, the great majority of employers are very focused on keeping their workers and customers safe. We want to help them do it. But those who fall short, we will bring Enforcement Actions as needed. Liz we will be watching it and thank you, mr. Secretary. We do hope your wife is feeling much better and we hope shes recovering and we are watching this story closely. Please come back again. It is indeed i appreciate your concern. Just to clarify, she did not test positive for more than two weeks after that event and shes doing well. Thank you. Liz okay. Excellent. Excellent. Good to hear. Thank you so much. We are going to be talking much more about the economic positions of both President Trump and joe biden on thursday ahead of the second president ial debate. Its our next edition of the economic undercard. Venture capitalist legend and founder of graycross partners, alan patrikoff, Robert Kiyosaki and Tyler Goodspeed joining us thursday, 3 00 p. M. On the claman countdown. Dow jones industrials up 113 points. Thanks to the labor secretary. Well be right back. Your journey requires liberty mutual. They customize your Car Insurance so you only pay for what you need. Wow. That will save me lots of money. This games boring. Only pay for what you need. Liberty. Liberty. Liberty. Liberty. Liz all right. Were looking at green on the screen, but we are off session highs. Heres a question for you. Is covid19 going to be playing the role of ebenezer scrooge this season for retailers . Brand new survey shows shoppers are expected to do about 28 of their Holiday Shopping in store due to covid19 fears. With shoppers saying the combination of wanting to avoid crowds and of course, the convenience of staying home is a deal that may be too good to pass up right now but our next guest has been working very hard to revolutionize the Shopping Experience across california postcovid. Hes got innovative outdoor malls, the grove in los angeles, the palisades village and the americana. In a fox business exclusive, caruso founder and president rick caruso is joining the claman countdown. All right, what are you doing . Because i have to tell you, we just spoke to the labor secretary and secretary scalia, just like the rest of us, want to see employees get back and back safely. What have you been doing . Of course. You know, me and the team, we got way ahead of the curve early on and we engaged the head of Infectious Disease at usc, we brought on our own rn who specializes in Infectious Disease and we put together some very robust protocols for cleaning, for handling guests, expanded outdoor patios, masks on our properties. Weve got the benefit in los angeles, southern california, of light and sunshine which is one of the best disinfectants, in addition to our protocols. So i think the first thing a customer wants, i know i want, a guest whether its at our Retail Properties or resort, you want to feel safe. You want to be happy. You want to enjoy your experience. Those safety protocols have really worked. We have not had any issues on our properties and we are having really good sales. Sales are growing. Liz but the survey we just talked about shows that 51 of shoppers are going to suppress instore shopping this holiday season. What specifically, take the grove, for example. Im a huge fan of the grove because its all outdoors, its so much fun, you have top, Top Companies in there, have got an apple store, lululemon and everything else. What is it specifically that you can do to lure people, whether it be the Outdoor Dining in restaurants or whathave you, to bring people out from that mindset . You know, heres the problem with these studies. I always get fascinated by these studies. They do a National Study like the country is the same everywhere. Its not the same everywhere. And not all properties are alike. We are bucking the trend, theres no doubt about it. This month alone, we had a 50 growth in sales month over month on our Retail Properties and our resort, the miramar on the beach is running one of the highest adrs in the country. We are running on the weekend 80 occupancy im sorry, 100 occupancy, during the week, 80 . So you have to look at individual areas, geographic areas, you have to look at the kind of properties. We are all outdoor properties. We create an experience. What people want more than anything, they always have and covid has accelerated it and enhanced the demand, is they want a great experience. Then you offer great retailers and you offer great restaurants and it all works. People will gravitate to that. So i think the biggest risk to retail is actually the current version of itself. Unless retailers and Restaurant Owners are innovative and offer a product thats relevant you wont do well under any circumstance. Liz yeah. I know, its very challenging right now. Are you going to have santa . Theres a mall in pennsylvania thats going to have santa in a plexiglass dome of some sort. What are you planning for christmas . Thats a little creepy. Sounds like something an indoor mall would do, put something inside a tube. We are decking out our places like we always have for the holidays. The Christmas Trees are moving in next week. We are going to be decked out. I think people want to celebrate the holidays and we are going to give them a great place to come and feel like life is as normal as it can be and be together as a family in a very safe way, to be together with friends in a very safe way and have that experience. We all deserve that. I think we are going to have a very good holiday season. Im very optimistic about it. Liz well, from your mouth to gods ears. We can only hope. Thank you, rick. Its great to have you. Rick caruso. The founder of listen, these are great malls. Go support your businesses that are near you, everybody. Twitter. Twitters wings are fluttering into the close as the d. C. Regulatory spotlight shifts to a totally different target. The department of justice going after digital heavyweight google in a no holds barred legal showdo showdown. Twitter, though, seeing some relief here, up more than 1 . Will the google empire really be forced into submission in the form of a breakup of its businesses . With the closing bell ringing in 36 minutes, we do have the dow up 157. Stay with us. I knew about the tremors. But when i started seeing things, i didnt know what was happening. So i kept it in. He started believing things that werent true. I knew something was wrong. But i didnt say a word. During the course of their disease around 50 of people with parkinsons may experience hallucinations or delusions. But now, doctors are prescribing nuplazid. The only fda approved medicine. Proven to significantly reduce hallucinations and delusions related to parkinsons. Dont take nuplazid if you are allergic to its ingredients. Nuplazid can increase the risk of death in elderly people with dementiarelated psychosis and is not for treating symptoms unrelated to parkinsons disease. Nuplazid can cause changes in heart rhythm and should not be taken if you have certain abnormal heart rhythms or take other drugs that are known to cause changes in heart rhythm. Tell your doctor about any changes in medicines youre taking. The most common side effects are swelling of the arms and legs and confusion. We spoke up and it made all the difference. Ask your parkinsons specialist about nuplazid. Liz i wonder if we can pull up a nasdaq intraday. You guys looking at this . We had been up at the highs of the session by 150 plus points. Right now, we are still up 52 points, but as you see, we have started to retrench just a bit. Its been a roller coaster ride. Two different peaks here we are looking at. One of the most actives of course is apple, moving higher by 1. 33 . If we flip it over to ibm, singing the big blues at this hour. The tech stalwart falling to the bottom of the dow 30 after failing to issue guidance for the current quarter. Ibm pointing the finger at covid19 uncertainties as clients pull back on spending and delay projects. They say nope, were not going to give guidance. Stock down 6. 33 . Ibm also posting its Third Straight quarterly revenue decline but still managing to eke out a top line beat due to strength in its Cloud Services business. At least four firms said you know what, we dont see that. We dont care. We are cutting our price targets on the shares. Ibm now down 7. 90 to 117. 68. Meanwhile, another tech giant has its own troubles at this hour. The department of justice filing an antitrust lawsuit against google today. Accusing of it illegal monopolization of the search and advertising markets. Right now its not hurting the stock. Its up 2 . But you know, the details of this are pretty interesting. Ashley yes, they are. They kind of ring a bell. Talking of which, back in 1974, an antitrust case was brought against at t that ultimately led to the breakup of ma bell. In 1998, bill gates and microsoft faced the government in a case that was eventually settled after years of legal battles. Here we are in 2020, in the biggest antitrust case in a generation. Indeed, as you say, the u. S. Justice department and 11 states are accusing google of illegally using its market power to become the monopoly gatekeeper for the internet. The suit claims google acted unlawfully to cement its position in search and search advertising on the internet and says that quote, absent a court order, google will continue executing its anticompetitive strategy, crippling the competitive process, reducing Consumer Choice and stifling innovation, unquote. The complaint says google has nearly 90 of all general Search Engine queries in the United States but almost 95 of searches on mobile. The complaint says google pays billions of dollars to smartphone makers like apple, samsung and others to make googles Search Engine the default on their devices. The lawsuit claims that strategy prevents any rival from winning significant market share. Now, google calls the lawsuit deeply flawed, adding that people quote, use google because they choose to, not because they are forced or because they cant find alternatives, unquote. Google has already faced big fines in europe on antitrust claims over the last several years and when asked on a Conference Call if the u. S. Government is seeking a breakup of google or some other remedy, the Justice Department official said nothing is off the table, which is fine, but clearly this could go on for quite some time. Lets not forget, google has, what, 120 billion in cash stuffed down the back of the sofa. They can bring out their big guns as well in this argument. Liz oh, boy. Very interesting. Again, google constantly has to be fighting these off. They are sort of todays microsoft from back in the 90s. Remember that . Ash, great to see you. Ashley webster. All right. We are specifically looking at viacom cbs stock. It is jumping higher by about 1. 25 at this hour, as it throws the job of fighting the streaming sharks right to pluto tv ceo tom ryan, now tasked with helming all of their free and paid streaming services. He gets the big job. But has the war already been lost when it comes to the Binge Watching battleground . Netflix about to release its latest Quarterly Results in whats been a blockbuster year from the original king of content. Our power panel hashes it out. Who will still be wearing the crown when the dust settles . With the closing bell ringing in 27 minutes, and the s p up 21 points, the claman countdown is coming right back. Metastatic Breast Cancer is relentless, but im relentless too. Because every day matters. And having more of them is possible with verzenio, the only one of its kind proven to help you live significantly longer when taken with fulvestrant, regardless of menopausal status. And its the only one of its kind you can take every day. 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And i want more of them. Ask your doctor about everyday verzenio. Lets be honest. Quitting smoking is hard. Like, quitting every monday hard. Quitting feels so big. So try making it smaller, and youll be surprised at how easily starting small can lead to something big. Start stopping with nicorette. Did you try it yet . Comparing plans . Oh yeah. They sure can change year to year. I found lower premiums and lower prescription costs. And those new insulin savings hundreds of plans, 35 a month. Thatll save you money. So uh, mark . On medicare. Gov now. Open enrollment ends dec 7th. Comparing plans. Really pays. Paid for by the u. S. Department of health human services. Liz all right. Weve got shares of draftkings. You need to look at this. They are caught in a bit of a downdraft as the lockup period has ended. The Sports Betting firm in a filing had said that certain stock and option holders had agreed to sit on their hands and their shares until today and from the looks of the price action in the stock, down about 4 . Clearly they want to cash in on the incredible gains that draftkings has seen. Time for some pandemic winners. Procter gamble raising its annual sales and earnings forecast as consumers rush to snap up cleaning products. The maker of tide said overall organic sales rose 9 in the first quarter. Besides cleaning up their homes, consumers were building up home offices. Look at logitech. They are on track for a record close at this hour, jumping 15. 7 as workers binged on the swiss tech companys computer keyboards, mice, web cams. Sales, want me to put a number on it, spiked 75 in their latest quarter. And kohls. You want to say yoga pants, a stock is going to go right up. Kohls is getting into the redhot athleisure trend with a brand called flex. Kohls is up 6. 6 . Mcquarry jocked ejacked up pel price target to 150 and threw out the idea the company is looking to buy an athleisure brand so it can touch all the workout market. Peloton pulling back by half a percent. But they do have merchandise they sell. It just sells out in two seconds because people want that teeshirt that says peloton on it. All right. The n in fang is the first to post report results after the bell. Netflix is the n, right. It will release Third Quarter earnings and investors are dying to know if the stock can keep up its pandemic momentum. It is up 62 year to date. The king of streaming has also had to share its throne with other services such as apple tv plus, amazon prime and of course, disney plus which have you seen disneys numbers . Roared ahead with more than 60 million subs in less than a year. Is there any risk, though, of netflix losing its crown and who would snatch it . Joining us now to discuss all is slated cofounder and ceo steph patternot and tuna imobi. I dont know, you look at netflixs numbers and they look wonderful, but we have seen a lot of these other names look really strong, too. What advantage do you see or not see Going Forward postpandemic for netflix . Thanks. Good afternoon. We were just talking about the clear winners of the pandemic and netflix obviously has been one of the runaway winners here. The covid19 demand tail wind and impact on subscriber growth as well as Consumer Engagement has been quite profound. Coming off, you know, 26 million global net additions in its front half. Now, the question investors have, how much of that growth represents potential put forward of q3 and q4 demand, which we expect to be a factor in the q3 report. That being said, 2. 5 million guidance, we think theres a lot of upside there, a lot of backlash on the potential impact from the french drama so these are things that can impact q3 numbers. That being said, we are still pretty optimistic theres a lot of tail winds underlying our expectations. Liz steph, as a guy who matches finance guys and women to different projects, lets talk about content. When you look at what netflix spent last year and what theyre spending this year, 15 billion in their Development Budget for content is such a stunning number. Can anyone compete with that . Well, look, a year ago, the game was all netflixs but as of this year, all the Major Players now have their own streaming platforms and now its a question of we are no longer really just in a streaming war. Everybody has moved from linear and cable to this new streaming world, where there is a real long tail, lots of places for people to subscribe, but the real challenge now is not just getting people signed up. Its holding on to them. And the content pipeline from this year, were still full from prepandemic levels. Now we are seeing that the content pipeline is starting to thin out. I think in 2021, we are going to be getting a little bit of streaming fatigue with a lack of new big budget, whether its movie, tentpole type movies or whether its high budget series because of the pandemic. We barely got back up to maybe 20 to 30 of production in augustseptember, and already, a lot of them are going sideways or having to slow down or might have to shut down again. Liz yeah. Well, that is another problem that they are restricted in certain regards. What do you see here . The war chest of 15 to 17 billion, if im a legacy media company, im a little nervous, am i not . Well, there is obviously some anxiety around content spending, but i would actually not quite agree with the last comment. I would argue that the pandemic actually enlarged the Addressable Market and the appetite for streaming. The main question is how much of these gains are going to be sustainable. So i would expect 2021 to mark a deceleration in kind of the trend line content spending we have seen as we look at the new entrants and the plan going out three to four years, and with hollywood film and Television Production restarting, theres reason for us to believe that starting next year, that we will get back to normal trend levels. I dont know of any streamer out there who is really forecasting kind of a kneejerk acceleration in content spending. Thats whats going to separate the winners and losers, those companies are going to have kind of targeted content, professional and all that stuff, i think will stand out. Theres going to be definitely more winners in that market than prepandemic. The demand, i would argue that the demand from investors, there are definitely more investors. We have a platform we are catering to thousands of investors. The demand to invest in content is at an all time high. Whats going on is that the product, the tentpole movies completed prepandemic are now selling for a premium to the streamers who are all competing for that content. Launching large budget new productions has been problematic. You have seen batman get shut down for a period of time and you will see a lot of other productions get shut down or slowed down. The problems actually going to be that theres going to be a lack of ability to keep the pipeline humming at 100 but rather, it will be down at 20 to 30 . We are seeing that problem on the ground every single day. Liz got it. Yeah. Youre there in tinsel town. Steph, tuna, numbers come out after the bell. Ahead of that, we do have netflix down just about. 5 . We will be watching it. After the bell, we will have the numbers the minute they come out. Great to see you both. Senator richard burr tangling with the securities and Exchange Commission in a more than sixmonthlong battle over Insider Trading allegations. Could he be ready to wave the white flag . Charlie breaks that story next. And next tuesday, i will be part of the fox business allstars joining Charles Payne in the next America Votes together virtual town hall. Neil cavuto, jerry baker and i will talk about the Major Economic issues of the nation and investment interests just one week before the election. If you are an individual or Small Business owner with a question on anything from businesses reopening their doors, kids going back to school, the real estate boom, email us a video of yourself asking a question to investedinyou foxbusiness. Com. Thats next tuesday, 2 00 p. M. Eastern. Dow up 187. Well be right back. Are you frustrated with your weight and health . 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Remember way back, i want to say late december, when covid seemed a world or at least oceans away . Its those moments now from the early part of the year specifically, january, february, that put senator richard burr of North Carolina in hot water with the securities and Exchange Commission. The market regulator is still probing whether the thenhead of the Senate Intel Committee used inside information about the coming pandemic as the basis for some major personal stock trades. Charlie gasparino has some new details on that investigation. Charlie . Charlie as you remember, those stock trades occurred around midfebruary, right before the markets started to get impacted by the pandemic and fear was in the markets that maybe this could be something bad and prolonged and could shake the market. As you know, the dow has recovered largely but you know, there were some rough times there. I thisnk the dow went down as fr as 18,000 but richard burr got out of some stock positions before all that happened. There is now an investigation going on since then and its been months since this is going on and heres what we know. This is not an easy case for the s. E. C. To bring, from what i understand, that they continue to investigate richard burr and the situation behind the stock trade. One of the problems theyre having is trying to assign a specific piece of nonpublic information that he actually traded on. Remember, he was given some briefings, some of those briefings were obviously confidential, they were given just to senators, but the information at those briefings apparently a lot of it was out there. People were talking in january, you remember donald trump was asked specifically in january in a cnbc interview, i believe in davos, or around the davos time, that you know, what do you think of the pandemic. So people were actually talking about this in the market. It was clear people were concerned. The question is, did he trade on something specific that was nonpublic in violation of a law that prevents congressmen, congresswomen from trading on nonpublic information. I believe its called the stock act. Theyre having a hard time identifying that specific information, from what i understand. We should point out that burr has yet to receive a wells notice from the s. E. C. Thats a notice from the Enforcement Division that it intends to bring a civil case against burr. But here is the rub. Im getting this from people close to the case. He still may have to settle with the s. E. C. Its a lower bar for civil charges. They are aggressively pursuing this. They really want to bring a case. He may just settle it to get it behind him even if he agrees to pay some nominal fine or doesnt admit or deny wrongdoing which often goes with s. E. C. Cases, just to get it behind him. We should point out the doj is actually looking at this as well, a criminal case. I hear thats obviously the bar is much higher. People give that a very low probability of him being charged criminally. The real case here is an s. E. C. Case and again, this is from what i understand from people close to this, its not an easy case. That doesnt mean they wont bring it and one of the reasons why, you know they might bring it or theres a good chance they are going to bring it, there is talk that burr might settle and those settlements again, come with neither admit or deny wrongdoing. Back to you. I hear the music. Liz keep us posted. Thank you very much. Well be right back. Im still discovering whats next. And still going for my best. Even though i live with a higher risk of stroke due to afib. Not caused by a heart valve problem. So if theres a better treatment than warfarin, im reaching for that. Eliquis. Eliquis is proven to reduce stroke risk better than warfarin. Plus has significantly less major bleeding than warfarin. Eliquis is fdaapproved and has both. Whats next . Im on board. Dont stop taking eliquis unless your doctor tells you to, as stopping increases your risk of having a stroke. Eliquis can cause serious and in rare cases fatal bleeding. Dont take eliquis if you have an artificial heart valve or abnormal bleeding. While taking eliquis, you may bruise more easily and it may take longer than usual for any bleeding to stop. Seek immediate medical care for sudden signs of bleeding, like unusual bruising. Eliquis may increase your bleeding risk if you take certain medicines. This is decision tech. Find a stock based on your interests or whats trending. Get realtime insights in your customized view of the market. Its smarter Trading Technology for smarter trading decisions. Fidelity. Liz closing bell ringing in 3 1 2 minutes. We do have our major indices all in the green but off their highs. Nice moves i suppose for s p is the leader here, up two thirds of a percent. Were exactly two weeks away from election day and our countdown closer says if we compare the state of the markets to nascar were in the final lap before the true race begins. How should you align your port foal to prep for the flag that gets you going in the race ahead . Kevin miller. Evaluator funds cio. Final lap before the race begins. What do we do with our portfolio as you see it . Right now with so much uncertainty about to drop down on us we think you should go strong cash, strong Balance Sheet, good cash flow and were looking at apple, microsoft, and walmart. Liz okay, these are all very familiar names also certainly in the space of apple and microsoft seen unbelievable jumps over the past 11 months, 10 months so tell me why you would continue to buy at or close to the highs of some of these names . I really like apple because it just went through the reverse stock split. They brought the price of the stock down so smaller investors are able to take on their stock. The 5g phone is just coming out and they have very strong Consumer Loyalty and coming out of this pandemic era, we see consumers being real strong. Microsoft is very welldiversified. Cloud servicing is going to just continue to expand through their zero product os, their operating system and office are basically cash cows for them. Theyre also getting in on the, the online Virtual Office meetings with teams. Very strong Consumer Loyalty. And then walmart they have so many locations, great ability to they have groceries, better than amazon, they have walmart plus product to compete with amazon prime. All very strong cash positions on the Balance Sheet and very good cash flow. Liz we have about 15 seconds left. Be like Mario Andretti who was a gutty driver who knew how to slow down to play it safe when there were accidents he could see ahead . Well see some accidents next year but 20 21. Its a strong year, dont be on the sidelines. Liz great, kevin miller, giving us a nascar analogy there. [closing bell rings] netflix earnings are up right now. That will do it for the claman countdown. Stimulus hopes lifting stocks, they came off the highs. All three major averages ending the day in the green, significantly off session highs. At one point they were up 340. The dow is trading 112 now as the bell rings and markets close. This as House Speaker nancy pelosi and treasury secretary Steve Mnuchin continue relief talks and as we wait for results that could shake up the markets tomorrow. Netflix Earnings Report is expected out any moment now. Hi, everybody, im david asman. Im for Melissa Francis and connell mcshane. And this is after the bell