i knew it would not be a question of if but when and how badly it would be abused. that is now happened. people in every end of the political spectrum of the senate judiciary committee in the senate as a whole saying foreign intelligence surveillance act as it now stands cannot stand any longer. we are going to scrap this thing and undertake a major overhaul and not let this be business as usual. >> always good to see you, thank you. breaking tonight a breakthrough on another trade deal, the us and china have reached a phase i agreement. leland is following late breaking news. >> reporter: breaking overnight doubt futures, best indication what will happen when "the opening bell" rings, up sharply. look at the right hand side of the screen. the asian markets are up big ahead of this phase i announcement.