northern california, shep. so pretty much across the country we're paying attention to the winter-like weather. >> shepard: adam, thank you. it's next weekend for the big cities in the northeast. after our reporting here, it's an update on facebook watch. a minute's long news cast online with community content that streams live just a few minutes from now. cavuto is now. >> neil: you are looking at barron wisconsin. we'll get the details on this man accused of kidnapping jayme closs and murdering her parents. that's set to be formally charged in a wisconsin courtroom in barron, wisconsin. jack patterson decided to abduct this girl after spotting her getting on a school bus some months back. when that begins, we'll take you there live. and now the same old same old in washington d.c.

day 24 now in the record government shut down. the president slamming democrats for failing to deal with him and rejecting respect plans to stop it. so we naturally are as we have been all over it. welcome. this is "your world." i'm neil cavuto. in a moment, we'll talk to virginia democratic senator mark warren saying the democrats are the ones that need to lead in this shut down. wisconsin republican senator ron johnson who says the government needs to pay essential workers hit by this shut down. but we begin first with john roberts where the president is trying to re-assure everyone it will work out. jonathan? >> well, i think people need more re-assuring today than last friday. nothing much has moved. one thing that is continuing to operate, air force one. president trump is on his way back to the white house after addressing the farm bureau at their convention in new orleans earlier today. the president talking to the farm bureau members about things that you would expect a president would talk to farmers

and ranchers about. but with also a specific emphasis on the need for border security. the president acknowledging that we need to let people in the united states. he recognized the need for farmers and ranchers to have a large pool of migrant workers available but the u.s.a. cannot absorb everyone that wants to come for a better life. listen here. >> the southern border has been horrible for decades and it's now because of the success of our country, it's now at a level that we cannot put up with. the democrats have to do something. we need to have their votes. otherwise, we can't solve it. they control the house. let's see if they can lead. >> the president has repeatedly reserved the possibility of declaring a national emergency to build a border wall that would likely respect in an immediate lawsuit that ties it up. at that point, the president would be out of options. so he's not exactly champing at the bit to pull that trigger.

>> this is so simple we shouldn't have to call a national emergency. i have the absolute legal right to call it, but i'm not looking to do that. because this is too simple. the democrats should say we want border security, we have to build a wall. otherwise you can't have border security and we should get on with our lives. >> we could go to a lot of cliche's that the president is dug in here. none of the typical signs of deal making are out there. i couldn't tell you when this will end and i don't think anybody could give you a reasonable forecast as to when it's going to end. so just buckle up and, you know, live through the ride. that's all we can do. >> neil: could be a long ride. john roberts, thank you. the president is taking aim at democrats for prolonging this shut down longer than need be. congressman john garmeni telling

me it's the republicans that are to blame. >> why wasn't it done in the previous two years and why do we hold the entire government of america hostage for $5.7 billion wall? we need to reopen government. >> neil: wisconsin senator ron johnson with me now. ron johnson is chairman of the homeland security committee. how are you? >> doing well. >> neil: democrats blaming republicans, republicans blaming democrats. you have urged in the interim that essential personnel be paid, right? >> it's only fair. washington d.c. is dysfunctional enough and it's just true. we have essential personnel in these government agencies. we require them to work. the least we can do is pay them so i've introduced the shut down fairness act that would pay about 420,000 federal government workers that are deemed essential. i'll use the term essential. as long as they're working and

trying to keep the nation safe, they should be paid. i have six co sponsors. with this broadcast, maybe we'll have a flood. it's the least we can do. >> neil: have you heard from the president, whether he supports this? >> haven't spoken to the president. i have given heads up to the white house what i'm trying to accomplish here. maybe this will break the log jam. >> neil: your colleague lindsey graham suggested there might be a good opportunity for three weeks to reopen the government and by that time if nothing is really been made progress on, go ahead and declare emergency powers. the president so far reluctant to do that. dismisses the idea of a three-week reopening. how you feel about it? >> the problem is nancy pelosi said if you open the government, i won't give you dollar one for the border. i'm highly concerned about using the national emergency power and authority primarily because if he uses it, it will be challenged in court and we won't get the wall built.

we need better barriers. walls work. they free up cvbpa agents at the ports. we have to fix these laws, this is a growing problem, it's primarily a problem now. people come to this country illegally in family units because we incentivize it. it's a growing problem. quick quotation of numbers. in 2012, a little more than 11,000 people came into this country illegally and apprehended as a family unit. last year, 107,000 people came as a family unit. first three months of this year, 75,000 people. so democrats who are minimizing this problem say it's not a crisis. it's humanitarian crisis in the bomb administration when 120,000 people came as uacs and family units. last year 145,000 people came in. this is a growing crisis. the president is right. the easiest way out of this is

for the democrats the stop being hypocrites. you supported better barriers in the past. you want a secured border. give the president $5.7 out of a budget that is larger than $410 billion. doesn't sound like nancy pelosi is open to that. >> neil: i notice there's far more common ground than either side lets on. for example, the democrats are opposing the wall or whatever the president wants to call it were on board allowing president obama to do 136 miles of just that when he was president. the same number of republicans who were saying they want a wall now were open to alternatives to a wall back in prior administrations. so is it your sense what changed the dynamic here the president holding the government hostage? >> no. the wrong person won in 2016.

they never recognized president trump as a legitimate president. >> neil: they did receive legislation that addressed the same thing. so you think by holding or attaching to it the government it's continued function center -- it's easy to play monday morning quarterback. trust me. that might have been the signature wrong turn -- >> first of all, president trump has been very up front saying he would never support another omnibus that didn't include barrier funding. congress presented him with spending bills that didn't include it. i understand his frustration. here's my frustration. democrats say they want a smart border. all that technology does, allows you to track, apprehend, process and disbursdisburse. if people don't have an asylum claim, adjudicated as valid, 70% get removed. we can't detain them because of

different laws and legal precedent. we have to fix the laws if we want to solve this problem. democrats have been unwilling to solve this problem. >> shepard: do you get a sense, senator, that this drags on quite a while? the polls show that a lot of americans are blaming it on republicans. to your point, that number has gone down a little bit. it's still tipping in favor of republicans are getting the finger and not so much democrats. again, that could and likely will change the long they are drags on. i've heard some raise the possibility it drags on for weeks, months. what do you think? >> both sides seem dug in. that's why i want to pay these individuals. that will take pressure off of republicans. i talked to the chairman of the subcommittees on the appropriation bills outstanding asking them to take a look. i'd love to hear what a bare bones budget would look like. some kind of partial measure here that will keep pressure on the democrats. again, what is really odd about this to me, i never heard a

democrat not want to spend money in the federal government. they won't spend $5.7 billion because this is the president's priority. if we open up -- if we pay these people, if we fund the central parts of government that will take the monkey off republicans back and put pressure on democrats. maybe they will -- >> neil: do you have any democrats interested in this, senator, beyond the republicans? >> we just completed the legislation, the language over the weekend. we're introducing it. just introduced it today. hopefully when they hear about a very common sense approach, a fair approach to paying these individuals, we should have every democrat voting for this. this should pass as easily as the measure that we passed last week that said when the government shut down ends we'll pay everybody. let's pay them while they're working. >> neil: thanks, senator. >> have a good day. >> neil: the shut down does continue. the fallout and the effect is sweeping, including the security lines at atlanta's hartfield jackson, america's busiest

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>> neil: the longer it drags on, the longer lines at the nation's airports. this is atlanta's hartfield jackson airport. jonathan serrie at atlanta's hartsfield jackson with the latest. jonathan? >> i think we're having some problems with my connection. in case we're on, take a look at the lines here right now. they're at manageable levels. that is a far cry from earlier today. take a look at this video from this morning. lines extended from the tsa checkpoint through the central atrium, a large food court in the middle of the airport and

into the baggage claim. tsa staffing caused other problems around the country. in houston, the ticket counter in terminal b of george bush intercontinental airport are closed. passengers out of terminal b have to check in and go through screening in neighboring terminals before working their way back to the b gates. over the weekend, miami international had to close concourse g, the airport returned the concourse to normal operations. they and the tsa will continue to monitor staffing levels at checkpoints and make adjustments as necessary. nationally, 7.6% of tsa employees have taken unscheduled absences. that's more than doubled the unscheduled absence rate reported monday of the same week a year ago. back to you, neil. >> neil: thank you, jonathan. how much of a risk here? aaron, the longer this drags on then what? >> well, the longer it drags on,

the more inconvenient traveling will be for americans on a macrolevel. one of the interesting things i saw in that footage, the massive crowds outside the sterile area. so the real security risk is the fact that you're in harm's way before you've gone through security. any idiot can walk up to that crowd and detonate and explosive or open fire. it's a massive threat as far as the congestion being created by the crowds due to the lack of screener. >> neil: because we had sick-outs in miami international, i don't know the sage degree in atlanta, where workers were not getting paid, few and far between, i should stress. it's hardly the norm. the fewer the show up, the longter lines. i'm wondering the long they are plays out the more dramatic the security. what do you do if you're a

traveler? >> you delay your travels unless it's obviously a trip that needs to be taken. if it's a business trip or emergency or something preplanned for a while, i'd stay off the planes. i wouldn't fly with that members. i don't know if lax is as bad as miami and texas or houston was in those shots. but you know, travelling is a nightmare in general right now. the fact that we have additional security in the last ten years has been annoying. but now with these bundles of lines and the fact that we're losing an 8/10 or 1/4 of screeners -- i've always pushed behavioral profiling or looking to and this over to the fib and get this behavioral screening in place. stop looking for weapons. start looking for red flag indicators based on behavior. it is what it is until it gets fixed. it's a nightmare.

nobody wants to go through this headache. we need to come to some type of solution to ease this pressure. it's extremely annoying and unbearable. >> neil: to put it mildly. thanks very much. >> to pulled it mildly. >> neil: meantime, working for russia. just think of that. people asking the president of the united states whether he was working for the russians. he, of course, is saying no. it's ridiculous. but where do we stand in this entire back and forth with the president's alleged ties to russia and russian players and vladimir putin? is that true or is that right? mark warner on what worries him next. (client's voice) remember that degree you got in taxation?

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>> i never worked for russia. not only that, it a disgrace that you ask that question.

it's a whole big fat hoax. it's a hoax. >> neil: all right. just the question itself and the president having to respond says something of the times we're in. the fbi looked into whether the president was working as a russian agent. mark warner, good to have you. >> thanks, neil. >> neil: much has been made of the fact that the president with these private putin conversations instructed his interpreter to hand him over the notes of the translations and not share them with anyone. that raised concerns for you. right? >> it did, neil. the president has the right to meet with other world leaders one-on-one. but in traditional presidents want to make sure that at least their top advisers get a full read-out. if you have a one-on-one meeting, you think you'd want

your secretary of defense, top leaders to get a look at some of the notes that the interpreter may have taken. that raises some questions. it also raises questions again -- i know the president likes to dismiss the mueller investigation. there's been over 30 indictments, there's been seven folks that have pled guilty. there were questions raised not just by our committee but by a lot of folks from both parties that wondered why donald trump throughout the whole campaign who was willing to criticize virtually every other world leader and for that matter republicans and democrats alike, the one guy he wouldn't criticize was vladimir putin. then we had this meeting where president and putin were together in helsinki. yeah, i have to tell you, i was embarrassed for our country the way that trump seemed to kowtow to the russian leader. >> neil: on that issue, not to interrupt you, the president said and you can't blame him if this is the case, that assuming

after he became president, phone conversations he had with world leaders including those in australia and others had leaked out. he might have been unusually concerned that such conversations were going to be leaked out, this one included. he chose not to tell anyone because you're suspicious of everyone. >> that would make me -- if i was running that kind of operation, i would like at my folks around me and try to get rid of the folks leaking. >> neil: you don't know. when you don't know, you don't know. a lot of people have left since. >> what i'd say is, why wouldn't the president of the united states want to share at least with his close advisers with what he's saying is and is a rival and adversary, vladimir putin. particularly since we have bipartisan consensus from the

intelligence committee that russian agents tried to interfere in the 2016 election and help the president and not hillary clinton. >> neil: he took several actions with syria and more to the point when lecturing people on opec and production levels and telling them not to do that an alienating himself with the ukrainian dis-up and with the russians to force them to cease and desist. it's not as if -- if that is the action of someone beholden to the rushians, he spiked it. >> it's hard to find an example where donald trump said a bad word about vladimir putin. he said a bad word about

everybody else in the world. >> neil: you rarely have to follow his actions. let's say he's not sad a bad word. he has said some nasty stuff. if he was beholden to the guy, he wouldn't do things that infuriated the russians particularly speaking out on the ukraine. that could be cover or whatever. but is it your sense with the mueller investigation that you talk about indictments and all of this, most of them having to do more with business dealings than outright collusion. is it your sense that that mueller investigation in the end will be more about those business dealings than anything having to do with russia? obviously investigations can follow their own route. bill clinton's did. what you think will be the mueller probe finding? >> i can tell you what we have found. some of this is already been public with. russians intervene. they use social media in massive ways. they hacked into our not very

safe electoral system. we've gotten better there. but it was a foreign government interfering in our political process to help one candidate and harm another. i think there is an extra high scrutiny then that is going to -- this president or any president that receives such kind of assistance will be under. if donald trump says that all -- there's no there there, then go ahead and let the mueller investigation finish, run its course. frankly, if mr. trump wasn't out tweeting every day about the mueller investigation or virtually every day, chances are it would have been finished. >> neil: we'll never know that, will we? let's get your sense about the ongoing shut down in its 24th day. a number on both parties have looked at ways to improve this. we talked to your colleague, senator johnson that wants to rehire or pay those deemed to be important and consequential federal workers that are right now laid off, about half of

them. how do you feel about that? >> i think we ought to get the government reopened. listen, i'm for increased border security. i think we ought to determine how that money is best spent. the thing that i've started looking at, you know, donald trump said he was a great deal maker. as you know, neil, i was in business longer than politics. we got stuff done when i was governor. when business schools or management consultants look back on the way trump has dealt with this shut down, it will be a case study on how not to negotiate. >> neil: but for your party as well? >> there needs to be giving on both. let's go through quickly. if you are trying to do a deal, you try to make both sides come out win-win. there's none of that. if you empower folks to negotiate for you, you don't chop their knees off with the vice president and lindsey graham and others.

you have to make sure you have people to tell you truth to power. he doesn't have anybody in the white house -- >> neil: you can say the same thing about the democrats. >> if you run an organization, you don't leave them to hang out the dry. we don't know how this plays out. business schools will write case studies how not to negotiate -- >> neil: it could work both ways. plenty of fault on both sides to your point, senator. i do remember -- i don't know how you voted, but a number of democrats supported, you know, wall building and that kind of activity 136 miles worth during barack obama administration. so i'm wondering when they will throw up their arms in a fit and that is theater and nothing to do with reality? >> i wasn't here when that vote took place. what i'd say is -- >> neil: a lot of your colleagues ranting and raving were. it sounds weird, right? >> here's what i say is, we need

to spend more money on border security. i'm all in for that. i think what happened was they built borders and barriers in the highest populated areas where it was the most needed. technology has changed since then. i would -- if we can agree on a set amount and say let's leave it to the experts to decide, we can get a yes. >> neil: thanks, senator. >> thank you. >> neil: i want to take you to barron, wisconsin where the hairing for jake thomas, the man charged with abduct being jayme closs is about to begin. they want to know the timing of these events. he's already likely to be charged on two counts of murder and one count of kidnapping. let's go to wisconsin.

all right. we're waiting to hear from the judge on this. at issue here is the man susspigoted of kidnapping wisconsin teenager is now being arraigned in court here. at issue as well is besides the outlining charges against him, two counts of murder and one for kidnapping, how it is he happened upon denise closs and making her his target. we're told after seeing her get off a bus that he was first interested in abducting her. we do not know why last october he chose to kill her parents, storming through the door to make good on that and to abduct her. of course, she spent the better part of 85 days, you know, holed up in his cabin before she managed to escape at a nearby

neighbor recognized her immediately and she's okay. but they don't know the sequence of events, what led to her being targeted and really where this is all going. former washington d.c. police detective, ted williams. so much we don't know. in fact, why she was targeted and why her parents were killed, right? >> i can tell you, neil, a great deal that we now have been able to learn through charging documents. it appears as though jake patterson saw this girl getting on a school bus and he wanted to kidnap her. he shaved his head, changing his license plates, modifying his care, taking a shotgun and using gloves. what we know, he went to the home, took a shotgun, blew the door down, went in, the mother and jayme hid in the bathroom. he broke the door in the bathroom down according to these

charging documents and he wound up killing the mother, taking the child out, dragging her out of that home, taking her 66 miles down the road to his cabin. he kept her there for 88 days. he would hide her when her relatives and friends would come to visit. he would hide her under the bed and other places in the house. this was a cold, cold-bleeded killing, neil. there's no other way to make out about this. >> neil: ted, i might have misstated. the assailant, patterson, broke into james and denise closs' home. her parents. people ask did he know the parents? was there any connection that we knew of the parents? did he know jayme at all? >> neil, there's only one connection that i'm cognizant of. that is that he worked at a

plant that the parents worked at for one day. he did not really know them. he targeted this girl. he stalked jayme. he watched jayme. jayme on two separate occasions, he thought about going in there according to the charging documents and he did not go in because there were other people around. he planned this. this is what you call first degree murder. if there's ever a case, neil, that calls out for the death penalty, it's this one. the unfortunate thing is, in wisconsin the death penalty has been abolished. it was abolished in the 1800s, as a matter of fact. >> neil: the one thing that doesn't add up, the distance between patterson's home and the closs' home and what triggered the interest in this particular girl. and then the connection that he night have had to the parents,

james and denise. because you know, there was another time that he apparently scoped out the property, opted not to go in there because there were a number of people there. a lot of unanswered questions. >> there are quite a few unanswered questions. the authorities are certainly on a good road right now to get a lot of the answers. we now clearly have learned the motive and the motive was his attraction for this young girl when he saw her getting on a bus. it's my understanding on that occasion he was on his way to work, he was stopped behind this school bus, he watched jayme get on. at this stage, he had this fixation on her and he made a determination that he was going to kidnap this young child. >> neil: if you can stay there, ted. i want to bring in matt finn in to this to update you what you're watching out of barron, wisconsin. the suspect is appearing in court, formally charged with two counts of first degree murder and one count of kidnapping,

this is happening in the barron county court. matt finn, fill us in on other things. >> neil, right now we have a producer inside the courtroom that will update us. we expect an immediate press conference from the district attorney after the initial appearance. a lot of disturbing details coming out. the criminal complaint indicates that jake passer son targeted the closses, he's killed james closs in the doorway and walked through the home trying to find jayme closs. he found her and her mother hiding in a bathtub. he asked denise to tape her mouth. he complied. then he shot denise closs in cold blood. he taped up jayme closs, put her in a trunk and drove roughly 70 miles north. the criminal complaint indicated that the suspect, patterson, worked at a nearby cheese factory for two days.

on one of those mornings, he was driving behind a school because and he saw jayme closs getting on the bus. at that moment, he knew that was the girl he wanted to kidnap. the criminal complaints reads and we can pull up a quote from that complaint, it says -- the criminal complaint goes through great detail describing the lengths that this man went to carry out this crime. he said he used a mossberg shotgun because it's heavily manufactured and owned and used to it avoid being detected. he stole license plates from someone else's car and switched them out. patterson shaved his head and

face and put on a black ski mask to avoid leaving behind dna. police say for three months, patterson made jayme hide underneath his bed when they had guests in his house. he put laundry baskets up against the bed and put weights in them. he would shut the door and play music inside of the room to muffle any sound that jayme may make. jayme told police that she was afraid to make a run for it because patterson told her that something very bad would happen to her if she tried to escape or made any noise. she said at one point, she moved a laundry basket -- >> neil: all right. they have apparently solved this connection problem with the prison where patterson is staying. >> mr. patterson, is your name, address and date of birth correct on the complaint? >> yes, sir.

>> mr. patterson, you're charged in count 1 with on or about october 15, 2018 in barron county, did cause the james of james m. closs with intent to kill that person contrary to section 940.01 sub 1 of the wisconsin statutes, a class a felony, carrying with it a conviction, shall be imprisoned for life. count 2, charges on or about the same date, you did cause the death of denise j. closs with intent to kill that person, a class a felony and upon conviction shall be imprisoned sentenced for life. count 3, charges you on the same date and place by force or threat of imminent force, you carried jlc from one place to another without that person's

consent and with intent to cause the victim to be secretly confined contrary to section 940.31 sub 1 of the wisconsin statutes, a class c felony carrying a maximum penalty of up to a $100,000 fine or 40 years in prison and count 4 charges you with on or about the same date and place you did intensionally enter a dwelling with the intent to commit a felony to a kidnapping while armed with a dangerous weapon, a shotgun contrary to section 943.10 sub 2 of the wisconsin statutes, a class e felony carrying with it a maximum penalty of up to a $50,000 fine and up to 15 years in prison. due to the charges here, i'm

ordering a dna sample to be collected by law enforcement if not already. mr. jones, who is answering for defense today regarding preliminary examination? >> i will, your honor. >> make sure you use the microphone. i have a digital reporter. >> yes. >> is he willing to waive title limits? >> he will agree to that. >> mr. patterson, are you willing to waive the time limits for a preliminary examination? >> yes, sir. >> did anyone make any threats or promises to get you to waive your right to a preliminary examination? >> no. >> your time for a preliminary examination. i'm sorry. >> no. >> and have you had enough time to discuss the waiver of time limits with your attorneys? >> yes, i did. >> mr. glenn, are you satisfied his waiver is voluntary? >> yes.

>> i will so find. i have consulted with counsel earlier and found a date that works, february 6 at 11:00 a.m. does that still work, mr. glenn. >> yes. >> and for the state. >> yes. >> mr. wright, the state's recommendation regarding bail. >> the state is asking the court to set cash bail in the amount of $5 million. mr. patterson has no ties to barron county. the allegations in the complaint are that he works at the cheese factory for two days. the only reason other than for being in barron county was to kidnap jayme. the state asks the court to look at the charges. he's charged with two counts of first degree homicide, maximum sentence life imprisonment. the count of kidnapping, 40 years. the count of armed burglary 15 years.

the state asks you to consider the efforts he took to conceal himself as alleged in the criminal complaint. the modifications that he made to his vehicle so that police wouldn't find him, including stealing license plates on the vehicle near serrona, putting them on his vehicle before he went to the closs residence so that if police did see him, they would not be able to trace his vehicle back to his plates. the fact that he disengaged his dome light to make sure nobody would see him enter or exit his vehicle. the fact that he purchased a mask, the fact that he wiped down the shotgun that was located at his house and the shells that were used to kill james and denise by his own words so that no dna or fingerprints would be found. the fact that it is alleged he shaved his face, a all of his head hair and showered before

leaving for the closs home so no dna or finger parents could be located. the fact that he turned his engine off, headlights off to conceal his arrival at the closs home. the fact that he had made a decision that he was going to shoot anyone inside that home including children because he could not leave behind any eye witnesses. he indicated that if he had been stopped by police, he was likely going to shoot at police officers with the three shotgun shells that he had remaining. kept a shotgun shell inside of his house for two weeks in case the police came. he remained in hiding after abducting jayme for 88 days before he was apprehended. your honor, all of this indicates the defendant is a flight risks, a danger to the public and he's unlikely to further return for further cord proceedings without an

exceedingly high cash bail. the state asks the court to consider section 969 sub-4, proper considerations for the court to consider in setting bail would include the number and gravity of the offenses, the potential penalty the defendant faces and whether the alleged acts were violent in nature. all of these factors weigh-in favor of the state's requested bail. >> who is arguing bail for the defense? >> your honor, we would just ask for a lesser amount. make no further argument. we'll have additional things to say about bail, we do it would be a motion. >> the court has reviewed the criminal complaints almost 12 pages in length. i considered the allegations asset forth. the possible penalties which include life in -- imprisonment,

i will set bail at $5 million. i will see you back in court, mr. patterson, on february 6 at 11:00 a.m. anything else, mr. wright? >> your honor, if i may address nonmonetary conditions. >> yes. >> those would include no possession of firearms, no contact with jayme closs, no contact with peter or kristen kasinskas or their residence located at 14102 south eau claire acre avenue in gordon, wisconsin. and no contact with jeanne nutter.

>> mr. glenn, any objection? >> no, your honor. >> i'm going to order mr. patterson that you may not possess any firearms, you may not have contact with jayme closs, no contact in person by telephone or in writing by electronic means or causing someone other than your lawyers to have that contact. no contact with peter or kristen kasinskas or their resident at 14102 south eau claire acres? >> acres. >> acres circle, or nor contact with jeanne nutter. you understand that, mr. patterson? >> yes, sir. >> anything else? >> no, your honor. >> anything else, mr. glenn. >> no, your honor. >> we're adjourned. >> neil: there you have it. jake patterson, the suspect in the jayme closs kidnapping has already looking at facing two counts of first degree murder, one count of kidnapping.

he's also facing a very high bail, $5 million bail. the defense lawyers accepting that as well as no contact with jake peterson or with the family holding her right now. the fact of the matter is that he is going to be sitting and stewing in jail when he waits for the next hearing, which will be in february. we'd have ted williams with us. this is not unusual to have a high bail amid a flight risk concerns. given the severity of the charges and the crime involved, right, ted? >> absolutely right. it is a high bail. what we're looking here in the eyes of a cold-blooded killer. one of the things that i was taken back by and i thought that his lawyers, meaning patterson's lawyers, would have asked for a

psychological evaluation because quite naturally what they're probably going to use at some stage is the insanity defense. but what i am hoping, neil, that at some stage this guy will plead guilty and not put jayme through a full blown trial. this child has suffered psychologically after having been with this alleged cold blooded killer for 88 days. >> neil: what is amazing, ted, the fact that he was really looking to get her and on one occasion before the actual kidnapping and killing, he's cased out her home, too many people there, so he thought better of it and would return a few days later, cased out the home again. a number of people there. held off until finally october 15 of last year making his move. there's little in his record, there's no criminal record from what we understand. social media history.

again, we continue know of anything that stood out. this gets to be a tough nut to crack in that sense, right? >> absolutely does, neil. you're accurate about that. the fact that he tried to clean the shotgun down, tried to change his appearance, modified his automobile. he did all of these things the premeditation, deliberation and malice, the forethought, all of the things that are necessary for first degree murder actually are there. again, i'm being redundant when i say the sad commentary, to me this is a case that calls out for the death penalty. in the state of wisconsin, the death penalty was abolished in the 1800s. >> neil: thanks, ted. appreciate your expertise. as ted pointed out, if found guilty, the very least he spends the rest of his life in prison. more after this.

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>> neil: markets are down today, although not as much as you would think it would unnerve investors. we are still up in january. it could be the reality that this is the kind of thing that delays, public offerings, it could have an effect on the economy itself. the ratings agency that was talking about the economic impact, they could say a little bit of first-quarter gdp. typically it's made up for in future quarters once the government resumes operations but let's get the read from jonathan. monica. and larry glaser. monica, so far on the consumer front, we are not seeing this having one effect or another.

but the read you got from some folks is that it could if it drags on. >> is not just the 720,000 employees furloughed, it's the small businesses that cater to all these government markets. people who are counting on loans, companies waiting for regulatory approval. the longer it drags out, it becomes a much bigger problem for the economy and we are not in the same shape we were this time last year. there's a lot of new risk factors, including the trade war with china, oil prices. oil prices are a bit of a net negative for the u.s. economy but so many big companies in america make their profits from oil. it's a complicated situation and this is one risk factor we would love to take off the table. >> neil: jonathan, does this enter the equation when you make a market that? >> is one factor. as monica pointed out, there's innumerable factors facing investors, the shutdown is one.

the trade war. we've seen warnings for major u.s. companies. global slow down, higher interest rates. it's one factor. more than anything, i take a look at price action. the bulls have been trying to make it stand. still moral new lows and highs but their ratio has been much closer than that we've the last couple months. bulls are trying to make a stand but what's going to be the next leadership? financials, international stocks, pharmaceuticals? there's no clear indication about where the growth is going to come. >> neil: i know both parties are trying to make moves to try to say it's not our fault. already we heard republican senator from wisconsin offered a plan to pay half the federal workers who are deemed essential to mitigate the damage. i am wondering in the scheme of things and maybe because we get so used to these things, this is

a collective shrug most folks are giving this. what do you think? >> there's no doubt this is not wall street's first rodeo with the shutdown. normally wall street and investors don't get too concerned when it comes to shut down because we've seen a before and gone through it. normally shutdowns don't have much of an economic impact. this may not be a grandfather shutdown. this may be different. >> neil: i would settle for her cousin. ahead. [laughter] >> we love records. we don't like the record of the record long shutdown. the capitalist system is in jeopardy when companies can't go public. you can't visit company if the tsa isn't fully staffed. you can't trade commodities if the department of agriculture isn't giving you data. what has me worried is company start to use this as an excuse.

we should ban the word shutdown. you can't you shutdown any can't use china. >> neil: it's going to give a lot of companies, retailers, may be pause. whatever commitments were making. i think the former fed chairman janet yellen had raised the possibility where they sort of hedge their bets and don't make any big commitments of cash because they don't know. >> absolutely. now the consensus is were not going to see a rate rise in 2019 and there's a 30% chance we may see a rate cut. i think this is the reason why people hate congress regardless of who's in charge because they just don't get things done. that's of bipartisan sentiment. we would never accept this kind of behavior from any other aspect of business, home. you can't throw your hands up in the air and sam not going to. hopefully they will sort it out. >> neil: jonathan, we look at it, a lot of people paying attention to the prospect of a trade deal with china to be

sooner rather than later. if it doesn't materialize and we have some evidence today that the chinese are surviving through this. they had a record trade surplus with us last year. in a weird way, are we getting it wrong that china might be in better shape on this and we give them credit for? >> china has been hurt by the trade war but u.s. companies have also been hurt quite dramatically. we just heard from apple a week ago. that stock was pretty -- hurt pretty severely. we've heard about prospective job cuts. in trade, we talk about win-win and the trade war, investors have been a little bit fool me once, fool me twice. we've been told their trade wars on the way to be wrapping up. yet it's costing american companies billions of dollars month after month. still no end in sight. >> neil: watching it closely. we are in the middle of her earnings season. it's something else were going to follow. a year ago, we were getting the

first quarter numbers coming from the fourth quarter, seeing earnings growing at a 25% clip. they are ratcheted down to about 5% to 7%. nothing like what it was but can you imagine being those estimates question when you will dominate the corner of wall and broad's attention. we will be there for you. "the five" is now. ♪ >> greg: i am greg gutfeld with katie pavlich, juan williams, jesse watters. she sleeps on a powder puff. dana perino. "the five" ." what should we expect as we head toward the mueller homestretch? >> people who are closest to what mueller has been doing, interacting with the special counsel cautioned me that this report is almost certain to be anticlimactic. if you look a