Transcripts For FBC Varney Company 20160705

Also, happening this week, House Republicans are set to vote on the no fly, no buy gun regulation and democrats planning for disruptions on capitol hill this afternoon. Here we go again. Varney company with no disruptions starts right now. All right, lets take a look at the dow futures. You can see the dow off some 88 points, were seeing weakness already in europe. Perhaps brexit fears coming back to the floor. The dow is up 89. The s p 1 2 of a percent. Gold and silver, worried about brexit and spend sending gold and silver higher. Check this out. We dont talk about silver that much liz this mentality taking the polls and the market safe haven assets. With the negative Interest Rates now at 11 trillion, morning worldwide and Corporate Bonds moving into negative territory, according to jp morp chase, about 300 million there. Gold etfs, youre right. Hitting threeyear highs and silver is ahead of it. Theres some retracement in this, but silver has rode ahead of it a long way to go liz solar panels. Ashley by the way shall the bank of england held what they call a guilt sale, a bond sale they call in the u. S. And take a look at Oil Moving Lower on the prospect of more supply from nigeria and libya coming back online. Gas, by the way, 2. 26. The National Average on regular. New book, by the way, hitting store shelves. I saw this on the airport on saturday by the way, called wake up america, the nine virtues that made our nation great. That book written by other own eric bolling and guess what, hes here. More on the book later. First we want to get to, what is going on with oil . No better person to ask than eric bolling. We found out as far as oil goes for the first time ever, the u. S. Now holds more oil reserves than saudi arabia and russia. Is this a big deal . Its not the first time ever. The first time we realized it. The oil has been there and always been there, but look, the great news, its a headline. It says for the first time we have the most reserves, not the most production, but the most reserves and thats fantastic. Just like a full tank. How are you going to get it out of the ground . The way you do that is through looser and looser regulation, im for this, its fantastic. It tells us were on the way to energy independence. Ashley we dont have to worry about saudi arabia and russia. We import 2 3 of the oil we use in the country and were approaching 1 3. And when were independent, we dont have to send dollars to people who want to kill us. Ashley according to a usa suffolk poll, Hillary Clinton leads donald trump by five percentage points, and thats closer than just two months ago when she led by double digits, 5039 . Whats going on here . Liz whats interesting is the independents who are there ap the swing voters. Looks like hillary still gets a lot of independent votes, but her vote scales back when you factor in gary johnson or factor in the green party. Ashley more candidates. It hurts Hillary Clinton not donald trump. So the unfavorability rating high. Hillary comes in at 55 and donald at 60 . If i can add the margin of error, theyre tied effectively, but the National Polls dont matter so much because this is a state by state election, but it gives you the important elements of what liz mentioned, which is are the other numbers, the tabs that happen. Where theres a trend, whoo might be happening and as we see, yeah, more candidates for hillary. The other thing thats interesting. Among hispanics, hillary has a 21 advantage and among black voters 101 advantage and a lot of ground to make up. His advantage is other categories. Clinton is behind with white males and he leads by independents by almost double digits and pretty good for him as well. Ashley interesting stuff. Thanks. Today for the first time in u. S. History, a sitting american president will campaign with a president ial candidate who is the subject of a fbi investigation. Tell me what are your thoughts on this and they take off on air force one headed down to charlotte, i believe. All pallie pallie. By the way, shes under investigation by the fbi, whats your thoughts on this . It sends the message that this is a new normal. Is this what do we deserve better people who figure youre under investigation by the fbi, you go on with your business . Of course its not all right. Theyre trying to make this as normal as possible. Shes called it a security review. There are attempt to secure the nature of what occurring. What they continue to do. For the North Carolina audience it could be helpful for hillary, but a reminder about everyone of the problems we have and this would be the third term of obama and whether or not people want to approach it in that fashion. Ashley and eric, i want to ask you about this, what about the cost of this to the taxpayers. The hillary camp says well pickup part of the trip. That would be a first. Ashley yes, it would be. 206,000 an hour to use air force one. Its unbelievable, first of all, the cost of air force one, the security, the jets, the jet fuel, its amazingly expensivement for a president to say come on aboard air force one, its a huge pat on her back, fantastic for her, but donald trump tweeted right away. Who is picking it up liz according to an ethics law that passed in 07 and enabilitied 09. Its supposed to be reimbursed i have a question, who paid for Loretta Lynchs flight where she allegedly was doing a speech, a private speech, getting paid for that. Was that flight paid for by the people who paid for the speech or the taxpayer also . With that, they say the portion that is for campaigning, the dnc will happenedle, but hes going to be saying its for hell make a speech about some policy. And come and shake a hand and all done. Pretty powerful image for hillary to be on air force one. Well, donald trump spent part of his july 4th with senator joni ernst. And thats looking at could she be part of his vicepresident ial picks. Eric. Im a republican, i want the g. O. P. To win the election and youre a trump guy . Youre a republican guy. Im a republican guy. Here is the way this plays out. I think that mitt romney got destroyed in 2012, destroyed so the states that mitt won, you could say theyre fairly solidly red. If you give trump the states that romney won, theres a clear path to the presidency through three states, ohio and florida for sure, you have to have ohio and florida or forgot it. And could kasich get them both. You need those two and one more, pennsylvania or michigan. Tied in pennsylvania doing well in michigan. You dont need them both, only one. Ohio and florida, he has ohio at the tie i think hell win ohio, he doesnt have florida, its not locked down, you need a florida presence. Ashley how important is the vp. Actually i spent a whole weekend in florida, and people are passionate about donald trump. He needs florida, marco rubio would be a nice rounding out of that ticket to take florida. So you get florida, ohio and pennsylvania, and he wins. Theres a reason why both are going to North Carolina right now, because that state is starting to play a little bit of a role. I think that things are going to change, based on what 2012 was, i think that mr. Trump has a chance to change things up. Marco rubio couldnt win his own state according to the primary election. Thanks to donald trump. There is an overassessment. Who do you pick to win florida . We havent seen a vicepresident have an impact overall for general election. Ashley hes a unique candidate and maybe the vp a mike pence or a joni ernst will appeal across the board and thats a National Rejection of the status quo. In florida youve got to be careful. You need a florida win. If trump is going to win, its not going to be close and yes, he will win florida. If trump is going to win, its not americans cant decide. Theyre going to decide and theyre going to be clear. Ashley fascinating stuff. Fbi director james comey will be holding a News Conference at 11 a. M. Eastern. Were not sure on the topic, but it does follow, doesnt it, the fbis threehour interview with Hillary Clinton on saturday, were not sure whether that will be the nature of the press conference. We will be monitoring the situation and bring you the headlines as soon as we get them. Lets check the dow futures again. Looks like a lower open to the market. As we said, the dow off 92 points, down 1 2 a percent. Perhaps fears over british exit from the eu are returning and we had a nice settling down of the nerves if you like. A brand new trading week and nervous, the european markets off as well. And juno spacecraft entering jupiters orbit after exploring that. And isis attacks over the weekend and john kerry says theyre desperate. We have to get it right 24 7365. If youre desperate and know youre losing and want to give up your life, then obviously. Stuart a Record Number of fbi background checks for the month of june. Interesting story cause i i think we had a slack off for a couple of months and now we see the background checks for guns liz yes, the fbi and state were looking at it. A word of caution, theres not a onetoone correlation between background checks and gun sales. Were looking at a record breaking year. Possibly 26 million this year, there were 23 million background statements. And the state and fbi background checks. So what were looking at. For june, its up nearly 40 . Thats unbelievable. So, so far year to date. 38 were looking at 26 million versus 23 million. Do you think this is Hillary Clinton . Emack can confirm this, over the course of president obamas presidency background checks extremely higher than they were to any other time in history. So you look at that and then further down the road, since you have a 44 Supreme Court right now and if Hillary Clinton wins and puts a 54 Supreme Court in favor of the liberals and 63 down the road, you may actually have that Second Amendment attacked at the Supreme Court level and i think that if not the amendment, gun laws will be jacked up under Hillary Clinton. So, i think thats what is being reflected and people getting guns and if shes sworn into office. Ashley if she gets im going to pitch this book for a little bit. My first chapter is on the swearing in of Hillary Clinton and al gore the secretary of energy, al sharpton secretary of education and its a horror story. Ashley a nightmare. If the g. O. P. Does not cooperate shell take action on guns and people must expect it. Ashley to this story, four isis terror attacks, hundred killed in iraq, 122 in bangladesh, four in saudi arabia and eight in malaysia. Join us is the author of the story. Judy miller. The thing that struck us is the huge number of attacks in that part of the world. Saudi arabia, we never normally hear that particular country being attacked as weve seen it in jeddah, medina, is there a change in tactic . What do you make of that . This is really an escalation on the part of isis. Its something we have never seen before, which is an attack on one of the two most totally islamic places. There is mecca, which is the heart of the religion and medina, where the prophet mohammad himself is buried. Now none of us can go there unless were muslims. Thats how isolated it is and how limited to muslims. So when you attack medina, you attack the heart of islam. And every young muslim who may be tempted by isis knows that. Saudi arabia is the ball game for isis and before that, for al qaeda because thats where the oil is and the kings and the monarchs who rule in that country are the custodians of the two holy mosques and isis has just hit one of them. Ashley saudi arabia deals with the west, it doesnt like that, feels like it sold out, so to speak. They have for years and years been funding one of the most virulent, intolerant, most fundamental versions of islam. Wahha wahhabi fundmentalism. And one says we must save from the criminal gangs and rise up against isis. And we have not seen that. I think this is kind of a game changer for muslims themselves. Weve had such trouble enlisting young muslims in particular in this fight against counterterrorism. Ashley does this reflect the fact that isis has been losing some ground, its lost fallujah and it is, you could say, on the run a little bit and is this a response just stepped up terror attacks . I think it is, but i also think it reflects the fact that isis has now metastasized. It has roots in nine different countries. It has 12 different declared cal fates. It has thousands and thousands of young people who aspire to be muslim warriors in the name of their faith. And when you have that kind of recruiting going on all over on the internet, its just very hard to stop. Ashley very quickly, judy, how is saudi arabia, never been subtle, even governing its own people, how does it respond . Its tough because weve identified one of the bombers, who moved to saudi arabia 12 years ago with his wife and family so theyre integrated in the muslim culture and you cant blame outsiders for this. These are people theyve taken in. This is how tough a fight it going to be. Ashley good luck with the book, the story. Thank you. Ashley thank you very much. Bernie sanders staying in the race despite Hillary Clinton being the nominee. And what is bernies endgame . To push democrats further to the left . Well ask his press secretary soon. More varney next. If you suffer from a dry mouth, then youll know how uncomfortable it can be. But did you know that the lack of saliva can also lead to tooth decay and bad breath . Well, there is biotene, specially formulated with moisturizers and lubricants. Biotene can provide soothing relief and it helps keep your mouth healthy too. Biotene, for people who suffer from a dry mouth. Perfect driving record. Perfect. No tickets. No accidents. That is until one of you clips a food truck, ruining your perfect record. Yup. Now, you would think your Insurance Company would cut you some slack, right . No. Your insurance rates go through the roof. Your perfect record doesnt get you anything. Anything. Perfect for drivers with accident forgiveness, Liberty Mutual wont raise your rates due to your first accident. And if you do have an accident, our claim centers are available to assist you 24 7. For a free quote, call Liberty Mutual at switch to Liberty Mutual and you could save up to 509 call today at see Car Insurance in a whole new light. Liberty mutual insurance. Back to that breaking news, we brought you earlier. Fbi director james comey going to hold a News Conference at 11 a. M. Eastern. We do not know the subject of the News Conference, but there is a possibility it could be on hillarys use of a private email server. We shall see, but we will track it all and when it happens. What its all about. A book hitting shelves. Who is the handsome devil. Nine versions that made our nation great and written by our own eric bolling. Can i weigh in on the fbi conference. Im guessing its not going to be a recommendation for indictment. If shes going to be on air force one. Wouldnt that be cool if the fbi recommended indictment and president obama served Hillary Clinton her indictment to appear at the grand jury. Im guessing not going to happen. We want to plug your book. Basically what youre saying what were seeing in america is the opposite of what the Founding Fathers intended. Explain. Its mostly politics and get your thoughts on paper, people said. And i decided to write a political book and for years put it off. I felt this was the political climate. Were becoming so divisive and divided, on the left and right and more division. Its time to get my thoughts down to try to bring america back, back to the center. And to go back to the core Republican Values that made it so great for all of those years. I put the Founding Fathers stuff in there and put my personal stories in there. I realized at the end of the story, who do you want to dedicate the book to, i have to dedicate it to president barack obama because he was the inspiration, made it so easy to write. Hes brought the country so far left and its doing amazing and amazing, and selling out in florida. And eric bolling. Moments away we have the opening bell. Stay right there. Welcome back, theyre clapping and the opening bell is ringing down on wall street. And were expecting a lower opening. Weve seen downward pressure after the exit vote in the u. K. The dow on the left showing a lot more red than green. The dow down about 68 points. Pretty much where we thought it would be based on the futures. Taking a look at the s p 500. A broader gauge of where were at. Thats down 10 points at 20. 92. And the nasdaq for you, same story down across the board, and the nasdaq off 25 points. Lets get to gold, up nearly 12 bucks, 1351. Were following the price of silver, thats gaining ground. Up 1 1 2 at close to 20 bucks per ounce. Lets check the price of oil. Downward pressure there. Libya getting online and the Global Economy and 4743. A look at the 10year treasury yield, 1. 39 . It hit 1. 37. This is a market well fallen through the looking glass. Weve never seen yields like that. Ashley just shows you. The british found, by the way, strengthened a little bit the end of last week. My, oh, my, below 131. Cheaper all the time if you want to go to england and go to the pubs. Hs about. C, royal scotland. And owned 70 by the taxpayer. Down 6 at this hour. Lets take a look at u. S. Banks, bank of america, Goldman Sachs, morgan stanley, j. P. Morgan, read them yourself. Wells all moving lower. Bac down more than 1 and 1 2 . And tesla motors shipped fewer cars to customers. Down almost 3 . Down six bucks on the day at 2. 10. Lets look at harley davidson. This spiked on a buyout rumor. Its not spiking, is it . Down nearly 8 beyond neutral, its in reverse. Amazon, meanwhile, beginning to sell perishable food. Coffee and baby food. The stock is down 7. 24. And apple shares, we keep track of those at 95 bucks or thereabouts, down 74 cents. What about google . Lets google it. Down 1 3 of a percent and 707. Alphabet i should call it. Always call it google. Keith fitzgerald and eric bolling who is sticking around. Looks like fears of brexit are coming back. We kind of settled down after the shock of the vote and now were seeing the european markets step lower and were picking up contagion here in the u. S. We are, and whats interesting about this, youve got sort of the knee jerk reaction that has faded into the woodwork and youre seeing the difference between the armchair traders and those figuring out what positions they want to own through the end of the year. How exposed do we want to be to britain at this point . Todd, whats your take . We have this uncertainty around and the brits cant get their Political Party in shape and we dont know what the longterm impact is going to be on the u. K. And for that matter, the eu economy. Good morning, ashley, i think youll have volatility there. And right now the government is running off twitter and social media because theres nobody representing the country. I think its going to be, at the end of the day, its going to be great and better for the country and i think its going to lead to others that are eventually going to change the way the euro operates and the euro. And i think its a good thing Going Forward liz quick word of advice on what todd said, other countries leaving the eu, watch that 10year german bund yield at negative. 12. Its dipping lower in negative territory. Thats a fear trade. Meaning there are fears that other countries will follow britain out of the eu. Flight to safety. Ashley exactly. Lets look at gold and silver. And moving higher as investors once again look for safety in the wake of the british vote. Eric you follow this. A lot of times Economy Markets run in tandem, oil going with gold and silver and Agricultural Commodities and as liz points out the exit play out of the stock market and bond market. Get into safe havens and commodities tend to do that. This one, yeah, if the metal is going higher and oil going lower, theres a lot of headlines in oil, oil, always, always, reverts back to supply and demand. Theres a lot of supply situation and supply overhang in the oil market. That cant rally, given none of the Headlines Oil might have been up, shows heavy on the oil market. 1. 50 is a lot, but probably a lot more baked into that. And i think that liz is right. Whenever theres uncertainty, you have things like people rushing to the gold and silvers and thats why the yields are low, they run for the bonds. Buy bonds, prices go up. Ashley yield is way down. Lets move on and take a look at the big board for you. Some of the big stocks. The s p 500, as we say, moving down off the dow, 90 points, pretty much where the futures had it. The s p 1 2 of a percent and a quick look at the nasdaq, down pretty uniform, down 1 2 of 1 . And mcdonalds winning an eu trademark case. That must be one for the books. Stopping others using mac or mc on food or drinks. Never forget go netflix, binge watching. 94 bucks. Bp touching its highest level in over eight years. And take my word for it. And looks like disneys bfg could be spielbergs first outright flop. I want today make a fun analogy what bfg stands for, i wont. Nicole ill tell you what it stands for, big friendly giant. But its at 97. 73. The behemoth continues finding dory, stays in the top spot for the third week in a row. Pulled in 50 million this weekend and now set to challenge toy story 3 and hauling in the highest grossing pixar film domestically ever. Theyre in convention for that with finding dory, and tarzan second, but dory leads the way. Ashley and tesla, the autopilot function, and theyre shipping cars to customers. Keith, you like shares of tesla even at 210 . I do, ive got a much longer horizon, i think that elon musk has a much bigger game. Hes got detroit running for the hills and others concerned about what he brings out next. This is not unlike the Airline Industry either. Every time you have a new product, they turn to auto pilots. Unfortunately, human lives are lost along the way. Thats what progress, although tentatively eric. Elon musk, weve loaned him and gave him so much money. I saw a tesla suv for the first time. Its a good looking car. I think theres a demand. An electric suv car, if he can pull that off. A longterm play, i would agree with keith, but probably a good one. Ashley the Record Number of fbi background checks for the month of june. Et cetera lets get the details. Year to date january to june, 13. 4 million. What that means is were on track for 2016 to have a Record Number of background checks. Both fbi and state. Meaning that this would surpass 2015s record year. So, what were talking about though. Theres not a onetoone correlation between gun sales versus the background check, so just to give you that heads up. But ill tell you something, gun stocks have been pushing higher. There is some Short Covering going on on some of the plays. Were going to see democrats possibly taking to the floor for another gun bill and paul ryan having to beat that down. Were tracking that one. Background checks. Ashley Goldman Sachs, telling to cut spending in the face of undero Fund Outflows and poor performance. Youre seeing a market that wants to go lower. Youre not seeing as much capital inflo based on the market. Every time we have an announcement, brexit, or whatever, you have a drop. The market is searching for a reason to go lower here. If you look at gold, silver and the bonds, and the market, they cannot all go higher at the same time. One has to give and i believe its going to be the stock market which is why Goldman Sachs is preparing ahead of time to know that the inflows are not coming in, but as people try to grab their money and get it out of the market. Ashley keith, are we seeing a buying opportunity, do you think . And what do you like . I think there is a buying opportunity, but its mainly big tech and mainly defense, and things like watching paint dry. Im interested in the return on my money. Ashley well put. Todd, keith, eric, thank you all for being here. Emack stick around. Plenty of time. Three hours. Lets check the big board once g again, where we thought it would be based on futures and what weve seen in europe. Netflix hit with a downgrade by the way, nicole where is that right now. Nicole netflix down almost 3 , and last year this was a 133 stock. And needham down gra i hadded this one, theyre worried about growth and also worried about tech and netflix now because of the deals and expansion, actually has to fund the european zones and thats going to cut into the bottom line. In the meantime, guggenheim liked them this morning. Back to you. Ashley thank you very much. The republican controlled house set to vote on gun control measures this week. The question, will they pass a law preventing people on nofly lists from buying guns. Katie is a big defender next. And the nathan hot dog eating contest, well tell you how many dogs the champ ate liz with the buns. Ashley grab your pepto bismol next. Going down in a blaze of glory to the future king [cheer [cheers] that was joey chestnut. By the way. Like he won an olympic gold medal. This years nathans hot dog eating champion. The question, liz, how many did he eat . Liz he ate 70 hot dogs and guns. 32 years old. And guess how long it took him. Ashley no idea, dont want to know liz ten minutes. Dont want to know. Ashley his mother must be proud liz this is the most ever hes eaten. He hate 73 1 2 to qualify and gets 10,000. The woman who won, mickey from las vegas, 38 1 2 in ten minutes time. Ashley great stuff. Look at him. Barely stand up. Im surprised he can stand up. And take a look at the big board. The dow moving lower, the dow down triple digits, at 17,841. There are downward pressures. And perhaps the british exit vote starting to reappear. Fbi director james comey will hold a News Conference at 11 a. M. We dont know the subject. We have speculation, it could be about hillarys email scandal and were told that comey will be taking questions as well so we will be on that and let now as soon as possible. Well, the house expected to vote on gun control laws this week. Come in, katie pavlich. What, if any, katie, new laws do you think the house will come up with . Were still stuck on this nofly,no buy idea. If youre put on the terrorist watch list, shut be able to buy a gun. We dont have a solution, including how the legislation is going to vote on this week, and doesnt prevent innocent americans from being put on the list and stripped of due process as a result and then incapable of exercising their Second Amendment right. The legislation this week is a little better it puts the burden on the government that you have a tie to terrorism remember than probable cause, rather than just because youre on the list. Here we are again, the government putting you on and no accountability for that. Ashley doesnt it call for ryans bill calls for like a three day delay to allow, you say, the Law Enforcement to explain to a judge why. That seems pretty good to me, doesnt it to you . It seems pretty reasonable however, when you look at the number of people on the terror watch list alone, about a million people. And by the way, i dont think there are a million terrorists running around the United States, its going to be a very bureaucratic lengthy process when it comes to getting a warrant and going before a judge and proving your innocence rather than proven guilty. Although were here again. Democrats say theyll hold it, because they dont want a waiting period. They want anyone on a list by a bureaucrat not to have the right to buy a firearm. If it passed, which it wont, they would see lawsuits not only from the n. R. A. , but the a. C. L. U. Ashley they wanted background checks that deal with private gun sales, is that right . They do, but thats nothing to do with the reason why they say theyre launching this campaign. This, of course, is in response to the orlando terrorist attack when in fact, the terrorist there passed a background check and lets not forget was employed by a Security Company that was contracted by the department of homeland and he went through a thorough and extensive background check. This is a ploy to push an agenda rather than to solve a problem which is preventing terrorists from getting their hands on firearms. Ashley is it fair to say there are so many guns out there, katie, to try and restrict law abiding citizens access to them is the crux of what were talking about. The bad guys are always going to have guns . Of course. We have members of the Congressional Black Caucus who are pushing for the number one sitin. The major cause of death of young men is homicide by gunshot wound. Its not young men going to the gun shop and buying arms. The conventional black caucuss time may be better spent in the community rather than on law abiding citizens in the country. Ashley thank you as always, appreciate it. Lets get back to the market and check the big board for you. We knew there would be downward pressure and gaining momentum. The dow 115. Take a look at dow 30 and we call it the huge map and a lot of red there. Stocks are moving lower than those moving higher. Johnson johnson at the top of the heap on a tough day. The dow off, as we say, 115 points. And a question for her, will bernie supporters jump on the hillary training once she becomes the nominee . More varney next. It was always just a hobby. Something you did for fun. Until the day it became something much more. And that is why you invest. The best returns arent just measured in dollars. Td ameritrade. Premium like clockwork. Month after month. Year after year. Then one night, you hydroplane into a ditch. Yeah. Surprise. Your Insurance Company tells you to pay up again. Why pay for insurance if you have to pay even more for using it . If you have Liberty Mutual deductible fund™, you could pay no deductible at all. Sign up to immediately lower your deductible by 100. And keep lowering it 100 annually, until its gone. Then continue to earn that 100 every year. Theres no limit to how much you can earn and this savings applies to every vehicle on your policy. Call to learn more. Switch to Liberty Mutual and you could save up to 509. Call Liberty Mutual for a free quote today at see Car Insurance in a whole new light. Liberty mutual insurance. Its a flight to safety. Gold is up. Look at the gold miners, barrick gold, anything with gold in it. Rangold up 4 as its considered a safe haven. Check shares of harleydavidson after reports last week it was a target for takeover. Where did those rumors go . Bag down 10 at the hog at 48. 91. And Bernie Sanders still in the race, still refusing to concede. Former Sanders National press secretary simone sanders, no relation, is with us. This is fascinating the some lets start with why bernie isnt dropping out. The theory hes waiting to see if hillary is indicted or not. Is that true . Senator sanders hasnt made a comment about an indictment or anything like that. s in the race because he believes in the issue. Why he got in in the first place and i think thats why, you know, hes still in. So, as you probably know, the democratic platform, a draft the platform was released on friday and in that platform contained a lot of things that senator sanders had been fighting for on the campaign trail. Some things in there that senator sanders wanted. Thats why hes in the race, i believe. And hes continuing to fight for the issues that he cares about and so, hes going to go to orlando next weekend and fight for the language and the host of other things. And a lot of the supporters that are still bernie or bust. Ashley and i can. Your passion and the bernie supporters are jumping on the hillary band wagon. Is that easy for them to do. Definitely. And one, senator sanders does not endorse secretary clinton, but noted he would vote for her and a large swath of our supporters if not all of them will go to secretary clinton once she is the democratic nominee. And so there was the wall street journal poll that came out last week or maybe a week and a half ago that showed 81 of our supporters said they would vote for secretary clinton. Thats extremely important. I dont think thats surprising to anybody. Secretary clinton has moved to the left over a lot of the issues and shes out there talking about the need to break down barriers that we need to build bridges and not walls as donald trump would say and i dont think that theres a real chance that a large swath of our supporters will take a hard look at donald trump. I really do believe that Donald Trumps rhetoric is defines seive and xenophobic rhetoric and these are people that want to address criminal justice reform. Ashley i love your passion and were running out of time. Youre still feeling the bern, i can feel it here all the way in new york. We thank you very much. Simone sanders, thank you. Thank you. Ashley a lot of energy. President obama campaigning with Hillary Clinton, the first time a sitting president has campaigned with a nominee under a fbi investigation. And trouble with women and minorities next. 10 a. M. On the east coast, 7 a. M. In california, waky waky here are the big stories today. President obama will campaign with Hillary Clinton. They travel together on air force one to North Carolina. Donald trump asks, who pays . Air force one costs 200,000 an hour to operate. It aint cheap. Another story were following, clintons personal assistant huma abedin says that hillary routinely used burn bags to dispose of documents. And a problem with women and the minority vote, hour two of varney starts right now. First to the breaking news we brought you the last hour, fbi director james comey will hold a News Conference at 11 a. M. Eastern and it could be, i say it could be on the subject of Hillary Clintons emails. Were told tacomy will take questions and we have no idea what hes talking about, but you can be sure were following it closely. Check the big board for you. We knew it would be a lower open and its proven to be that. Down 110 points on the dow. Its 17,840 and were seeing down across europe as well. The british pound dropping to another 31year low as fears of the european exit by the u. K. Starting to surface again. Now, take a look at tesla. It shipped fewer cars to customers in the last three months and remember that a crash in may appears to have resulted from its eight mated driving system. Tesla off more than 3 at 209. 75. Taking a look at harleydavidson, hog as the symbol is known. Spiking under a buyout rumor. The shares are down 10 at 48. 82. So much for rumors. Gold moving higher as british exits fears persist. And taking of metals. How about silver . Moving higher for the same reason. Nearly 20 an ounce. Take a look at Oil Moving Lower on the prospect of more supply from nigeria and libya coming back online. A lot of downward pressure and 47. 33 liz as eric said, its supply. Youre right, the militant attacks in nigeria did cause outages there. Coming back online and were watching two, ashley, record supplies of gasoline. 72 1 2 million and the National Average at 2. 38 a gallon and you could see gas going down and thats because, for the people who are taking vacations. Ashley still the driving season. Emack, thank you. Hillary, problems piling up and the poll numbers. National poll usa today says the lead is narrowing to just 5 points. Clinton 45, trump 40 . Lets bring in ceo of cke restaurants, they own carls, jr. And hardees restaurant. Im already hungry. How should trump capitalize off all of Hillary Clintons scandals . How should he approach this . I think maybe he should take the approach that this is a real threat to the rule of law. I think we saw when bill clinton was president and he committed perjury in a deposition, he was disbarred. People felt like the law didnt apply to bill clinton and same with Hillary Clinton, if she gets off. If shes not indicted, i think that people are going to feel like the clintons are treated differently and thats going to demean respect for the rule of law which would be a bad thing. If shes indicted, obviously, its a problem for her, shes indicted. If shes not indicted, people will say the rule doesnt apply to the clintons and thats an opportunity for donald trump. Ashley i want to talk to you about what went on in britain. Andy, and announcing a head of the u. K. s independence party. Following boris johnson, he wont be running for Prime Minister. Meanwhile, of course, the british pound slipping to a 31year low this morning. It seems the exit fears of what happened in the u. K. Are returning. Would you agree . There does seem to be some fear there. I tell you what, if youre an exporter and look at the pound, thats great news for you. If youre an importer, that off sets. It will calm down. The market has been up and down the past few months in larger amounts like this. I think that things will calm down and well see what happens with respect to britain. Its hard to justify brexit on an economic basis, although i think if i lived this, i might have voted for it. On a political and personal basis, it feels like the right thing to do. Ashley get lost brussels was the message. Andy, i want to talk to you about hillary and were going to hear from the fbi at 11 00, ill put you on the spot. Do you think she will be indicted. I get the sense or growing sense shes not going to face indictment. What say you . You know, its very hard to say. Look, that investigator generals report on hillary was really devastating. And for the fbi now to come out and say that there isnt sufficient evidence to justify an indictment i think will be very difficult, but this is a its been a strange political year, they could do anything. I know the director of the fbi is highly respected in washington d. C. , im sure hell do the right thing, but i have no idea whats going to happen this morning. Im holding my breath like everybody else. Donald trump and the selection of a vp candidate. By 31 margin. Republicans say they would like someone who has at least some washington experience, would you agree . I think thats a good idea. I think it would offset his lack of experience directly with washington. And the four people ive heard that are up for vp, christie and gingrich and ernst and pence would all be wonderful choices, theyre great people and very conservative, good records, and would be a big help to him with respect to dealing with people in washington. Hes got a great group of people to choose from. Ashley be interesting to follow. As always, andy, thank you so much. Thank you, ashley. Thanks, liz. Ashley today marks the first time in u. S. History that a sitting president will campaign with a president ial candidate who is the subject of a fbi investigation. And the National Reviews kat is with us. Conflict of interest, i would say so, hello, whats your take . Shes going on air force one, which is just such a powerful, striking image. Look at her on air force one. Thats really not fair especially because his administration investigating her as you say if shes not indicted. Ashley do you think that would have been the invite knowing we dont know what the 11 00 is. If its about, she gave threeplus hour interview over the weekend, youve got to assume that you dont believe an indictment is coming down . No, that would be a really awkward plane ride. If shes indicted and the rules dont apply to the clintons. This isnt the first scandal, this is her, i dont know, nine millionth scandal, constant, con standpoistant and people ar bugging me, she says. Youre constantly wrapped up in this. And the couldnt constant is you. Ashley people are numb to it. And the statement, hillary, its benghazi, its the emails, she seems to get away with it. She they dont indict even though theres criticism. Can she walk away with her head high and saying, im having second thoughts about her . Perhaps a little bit, but at the same time. Everyones pretty used to it at this point. The burn bag thing, the thing about that, she was burning her personal schedules and those are the things shes more concerned about people seeing than some of the top secret National Secret information, and letting fly free at her email server . She doesnt care about National Security the way she should. Shes shown shes not secure to keeping us secure and safe. Shes shady and people voting to are her, know that. I dont think its going to make a difference. Well keep hammering on it because she should be held responsible. Ashley donald trump spent fourth of july 4th, and there is the iowa senator, she could be on the short list of the vp picks, trump plans to announce the running mate in cleveland. s got two weeks left to do the vetting . Is that a good choice . I asked andy the same question. And perhaps some say theyd like more washington d. C. To counter act his lack of experience. And a lot of people say because of the sexism claims he should pick a female. I dont think it would make that much of a difference. However, i think the vp pick is more important for hillary. I think that she needs to pick somebody interesting, somebody a little bit more likeable. Ashley than her. Right, trumps people love trump so much. I dont think that maybe a washingt washington, someone with experience in washington could put peoples fears and nerves at ease with trump, but i dont think its as big of a deal with i am had as it will be for hillary. Stuart interesting. Now we also saw in a usa today poll, narrowing, 5 gap now between hillary and donald trump with hillary just slightly in the lead. Among minorities, among hispanics, 21 favor hillary. Among the black vote 101 hillary. How does donald trump get past that . Right, and this isnt a new problem. Its his problem. Ashley it doesnt seem to be its interesting to me its only four point lead if you bring in the third party candidates. A lot of the liberals, liberal side are going for the libertarian candidate which normally that doesnt happen. Normally the libertarian candidate takes more votes away from the conservative side, but there are a lot of bernie supporters that support him and a lot of wouldbe hillary supporters that support him. Things arent spread out normally the way they usually are. It will be interesting to see how it goes and shes not doing so hot as white voters et cetera. And the lead is narrowing. Ashley great stuff. Never a shortage of things to talk about. Thank you so much. Lets take a look at the big board for you. Were tracking whats going on on the dow. A great day. Up 126 points on the dow and 17,823. Of course, some uncertainty here as well. Its also a bloody weekend. Several isis attacks, baghdad, saudi arabia, indonesia. The question, is isis really on the run . Keeping an eye, of course, on your money and the stock market and the dow off 112 points. Silver, by the way, moving higher as investors look for safety after the brexit vote and theyre helping the silver minors. We know the price of gold is going up and silver a mixed bag. As you can see, mckuhn mining up, and silver has gotten a bump as people look for alternative investments. Delta leaves the airline shows lower. Down 5 at 34. 89. The company says its spending more on fuel and lowering its revenue outlook. Down goes the stock, emack. Also watch this number. Weve been covering a lot about the tsa waiting lines to get into the airports and percentage of seats filled is down and also consolidated passenger unit revenue. Thats a key number for the number of tickets they sale and also trending down. Theyve cut their profit projection, well be tracking this throughout the morning. Its under pressure right now. They did not give a reason why. Theyre looking for the reason why. Weve been reporting how the security checks have been extending the lines and now talking about curbside checkin, right . Because the airport bombing overseas. Ashley they good, emack. A quick update for you, james comey is holding a News Conference at 11 00, it could be on the hillary emails. It could be. Well take you there live at the top of the hour and all will be revealed. Isis attacks are on the rise. And isis claimed responsibility for the deadliest terror bombing in a decade. Series of strikes in saudi arabia. Three in just 24 hours, lets bring in Lieutenant General thomas mckernney, the president says isis is on the run. And is this the new reality, isis attacks around the world, in response to isis being put under pressure . I think it is, ashley. You might call this the isis ramadan surge. Its not a surge like we did in iraq, its more like a surge when hitler attacked in the battles of the bulge and it was his last major effort. Theres still a lot of fight left in isis, but theyre trying to send a signal worldwide and globally, if the caliphate is alive and well. We know they lost fallujah and now a battle for mosul and shaping for raqqa. Theyre trying to get that Global Outlook out there so people know theyre still alive. Ashley we had judy miller on the show a while ago. She believes the attacks on saudi arabia could be a bit of a game changer, would you agree . Well, you know, they were more like lone wolves. Its certainly a change. Whether its a game changer or not, we need to get the saudis to get involved and to get mecca and medina to declare fatwahs against isis. They control the ideology so we need to be putting pressure on them, but we do not have the leadership in our government today that can do that. The next president is going to have to do that, ashley. Well, thats a good point. U. S. Pressure aside. What would you expect saudi arabia to do . What response, theyre not known for being subtle. When they do act, they act with a lot of force. Well, they do. Now, where does this evil ideology of radical islam that our president and this administration will not mutter. Where does this come from . It comes from mecca and medina. Thats the heart of it. The wahhabi radical islam. The saudi royal family has got to be the drivers on this, as do other muslim leaders, to change this ideology, that those that attack the west are unholy warriors. Mostly done in their terminology. They would forever live in damn nation. So we need to get inside their ideological circle there. Ashley Monica Crowley always says that the true meaning of the koran and the ideology is exactly what isis is doing and the good muslims would also follow the koran word by word is what isis is doing, and therefore, they are the true believers, so to speak, and thats why you dont see such a response from the muslim world because they believe theyre not fulfilling the religion as it should be. Monica is exactly right. And you quoted it exactly right, ashley. Now, we need to change that because in the longrun if we do not change it were headed in a direction that theyre going to suffer the most and the fact is, the muslims themselves, thats why its important that they put Ground Forces in iraq and syria, to defeat isis. We could do it and we could do it very quickly, but were just where we were when we did it in iraq. So the fact is they must defeat this evil ideology and they must pronounce that it is an evil ideology. Ashley and we continue to wait. General mcnerny, thank you so much. Lets take a look at the dow 30 for you, stocks trading mostly lower as you can see from the 30 stocks, we like to call it the heat map. The four Straight Days of gains and more reds than green and j. P. Morgan is the laggard. And the dow off some hundred points or so. Weve seen pressure on the markets on the downward side. The last poll shows donald trump gaining on Hillary Clinton, but he has a problem with the minority vote. We will bring you the numbers. 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Lets take a look at shares of harleydavidson, buyout talk, not so much this week. Down nearly 10 at 48. 88. And lets look at tesla, it shipped fewer cars the last months, that stock 210. Let get back to the election, the new usa today and Suffolk University polls hillarys lead is shrinking nationally. And wrong women and among women, over donald trump. I ask the simple question, can donald trump win over the womens vote or cut into the lead. He may be able to. I think with trump he has more support than polls show. A lot of people dont say that they support donald trump because of saying hes sexist and this and that. And hillary is basically only running on her gender in a lot of ways and hits back on any criticism by trying to distract. Look at this moment in history for women, so, if she didnt have this huge lead for women, then, that would be really, really disastrous. Ashley okay. Its really what theyre focusing on completely. Ashley let me ask you about this one. Africanamericans, the black vote. Hillary leads in that category 101. Its interesting to me when you look at her record in the 90s. Criminal justice. She wasnt just the wife of bill clinton, she made the tough on crime laws, too, speech after speech, ago more more money for prisons and sentences and i guess the narrative of trump as a racist has become more successful than actual history. If you look at her record, that doesnt make sense. Ashley it doesnt and against hispanics that particular category 21 in favor of hillary. Not a surprise when you consider what donald trump said at the beginning of his campaign. Thats not surprising. One that surprises me is the africanamerican vote, but i thought that speech he gave about hillarys scandals was so powerful and i think that that is something we need to keep focusing on. Her record is not there. Its not positive. All shes got is im a woman and look, he says inappropriate things. Come on, its got to be more substantial than that. Ashley people may say one thing and go another, i think that was true in the u. K. Exit vote and a lot of people said ill vote remain and when they voted they didnt. Ive heard people say, dont tell anybody, i kind of like donald trump. Ashley in a hushed voice. And we know that the dow is under some pressure and off triple digits, 111 points at 17, 837. Not talking 18,000 today for sure. There are questions about what happens next in europe after britains exit vote. So well get into that a little bit more as fears resurface as you can see in the markets. Lets check the price of oil, a barrel of crude. Right at 47, its down 4 now and it may drop below the 47 mark. Here is the headline. The u. S. Has more oil reserves than saudi arabia and russia. Take that saudis and russia. And as expected this week, a house vote on guns over no fly, no buy. Guess what, democrats are promising another disruption. Remember this . Time for a real debate on these issues. Mr. Pope. And talking about radical islam nofly no guns. [woodworker] i live in the fine details. Thats why i run on quickbooks. I use the payments app to accept credit cards. And everything autosyncs. Those sales prove my sustainable designs are better for the environment and my bottom line. Thats how i own it. Ashley check the big board, coming back a little bit, not down triple digits, down 95 points. Look at the big names we chase every day, facebook down a third of 1 at 113. Look at google, i will call it google down 1 2 , 706, out for a bit, dont forget netflix, off 2 and 1 3 . Look at amazon, it begins selling perishable privatelabel foods like puppy and baby food, stock is down a quarter a 12 45 . Paul ryan says the house will vote on a measure that would bar terror suspects from buying a gun. Congrema gohmert is with us. Calling the bill in gesture and say they are planning to disrupt things again. What do you say . Republican leadership made clear when they were violating so many, democrats were violating so many rules, first time in the history of our congress, kept saying especially to me, do not do anything to try to stop, we want to ignore them. They got mad at me for going down and challenging them on their ridiculous thinking that we have to stop guns. If you stop guns you also got to outlaw pressure cookers in boston and box cutters. And unless you get to the heart of the problem, the failure of this administration and visa laws to enforce the gun laws that exist, and wont deal with the problem and how ironic they would be prosecuting less than bush did, dropped a number of prosecutions and fast and furious where they force guns to people that should not be getting them and they need more gun restrictions. And they want more restriction of lawabiding people, and we were promised there will be severe consequences for what the democrats are doing. Now people see the consequences, we are going to give you a vote like you ask for. That is not what i consider severe consequences. We are rewarding illegal behavior. Ashley are you under strict orders not to scream at the democrats if they pose another sit in . Will you try to restrain them . I was told the next day that you didnt do too much damage when you went against our instructions. I made clear to our people, look, they are making outrageous allegations against us. The facts are on our side. All the guncontrol things they want to practice are being practiced in chicago, washington dc, everywhere their ideas, there are more shootings, more dead people, more African Americans being killed and we ought to be defending ourselves, standing up and counter ridiculous things. Our leadership says we dont want to engage that. Just ignore them. We were told that in 20052006 and it led to the loss of the majority. They will not be happy with me but now i am taking on our leadership because they are rewarding bad behavior and i dont care if the nra thinks this is all right. When i read this section granting the attorney general the authority to deny the sale, delivery of transfer, the closest to known or suspected terrorist, i will give the attorney general anymore power to strict lawabiding americans and i havent said this, a year and a half ago i was asked to speak at cambridge and oxford. Flying back, as i am going through heathrow security, the head of that security of that area said we know who you are. Your own Homeland Security Department Says we have got to do a thorough search. Every item in my bags, they did the whole thing because some bureaucrat said go after gohmert, we dont like him. We dont need to give them power, she doesnt like me either. Ashley very quickly, Hillary Clinton spent part of her weekends being interviewed by the fbi for three hours and she used burn back to illegally destroy documents, then we hear from the fbi, still, congressman, Hillary Clinton leads in the polls. How is that possible . Democracy ensures the government they deserve. I hope we deserve someone who is not a lawbreaker like Hillary Clinton, who thinks the law doesnt apply to her, but if people want a king, like when the israelis, many years ago wanted a king, tried to tell them it was a bad idea, it would be a disaster but how amazingly ironic. You just need to look no further than the fact that obama has now come out flying around with Hillary Clinton at taxpayer expense. He would not be doing that if he and Loretta Lynch had a conversation with bill clinton were not sure they were not letting the indictment happen. I said on fox news months ago as long as she doesnt trash obama she wont be indicted and that is ashley as good a clue as you are going to get. As always, thank you so much for joining us. Trying to stay restrained but i dont think look at the big board. He has passion. The tao off 100 points, 17851. The british exit fears are back, economics professor from university of maryland peter morici who has tenure, thank you for joining us. I kind of felt having covered it two straight weeks, a bit like y2k, we should be jumping in shelters and preparing for armageddon, that hasnt been the case but there is a lot of Economic Uncertainty when it comes to the uk economy at least in the short to midterm. Would you agree . I would agree but the real uncertainty is about continental europe. Continental europeans say they are eager to snatch londons financial sector. To do that they have to have banks. The one bank that failed the us stress test was a german bank, the italian banks in the wall street journal are in terrible shape as our banks in spain and other countries. The reality is the continental europeans have a badly managed economy, poorly structured banks and would serve the british interests to leave, look towards america and asia for their trade and their Banking Sector will do fine. Ashley i think you are right, based on that, what is the likelihood other countries will follow suit . Denmark, the netherlands to name a couple . If that begins, is it the beginning of the end . A lot depends on conservative Party Leadership election. If teresa may is elected leader, there is a real danger the vote will be thrown out. What she will do is offer the norwegian solution, she said we have to expect to pay something to get into the eu. They are not asking americans and free trade negotiations to pay off part of their budget or accept their regulations or the other nonsense norway puts up with a. Britain is a large enough and sophisticated enough economy that germans should want equal access and that should be good enough. If they elect michael go, they will go that way. I am concerned the conservative party was fundamentally against leave, will elect a Prime Minister and negotiations will revoke the vote but if it doesnt, then i think the reasonable prospect denmark may go, spain is harder. Britain has got Going Forward, it prints its own money. Denmark does, spain does not. Quitting the euro and the European Union at the same time is much more difficult. Ashley fascinating to follow, thank you so much, appreciate it. When fears hit the price of gold and silver spike. Nicole pedallides is at the nyse to tell us about it. When we talk about nervousness we have seen on wall street, gold and silver have been a safe haven and gold in particular covering two your highs gaining 8, silver is up . 20, gold is at 1346 a troy ounce and silver at 1978. Lookout stocks are faring as well, hit a new annual high. You can see these names, they are not surging, they are gaining 190 , 200 , gold and silver outpacing the market. Is the runup done . Will they take the profits . Ashley thank you very much. Donald trump starting a Vice President search meeting with joni ernst over the Holiday Weekend. He says he will name his running mate at the convention, two weeks away. Multiple medications, does your mouth often feel dry . A dry mouth can be a side effect of many medications. But it can also lead to tooth decay and bad breath. Thats why theres biotene, available as an oral rinse, toothpaste, spray or gel. Biotene can provide soothing relief and it helps keep your mouth healthy too. Remember, while your medication is doing you good, a dry mouth isnt. Biotene, for people who suffer from a dry mouth. Varney and company starts at 9 am eastern time. Eric bowling on the new book. I wrote it to bring america back to the center. Tack the core Republican Values that made is great for so many years like the Founding Fathers stuffed in there, my personal stories and their and realized that the end of the book, i have to get the cash dedicated to president barack obama. He was the inspiration, made it so easy to write. He brought the country so far left i had to write it and bring the country back. Ashley look at the 10 year treasury yield at 1. 38 . The global pool of negative yielding is getting bigger and that makes us bonds look more attractive for 1. 38 . And the 10 year yield on the treasury bond. James comey will hold a News Conference, a few minutes from now. We will take you there live at the top of the hour to find out what it is all about. Donald trump met with joni ernst fueling speculation the iowa senator could be on mister trumps short list. Fred barnes is with us now. Let me see what it was. 3 1 republicans, 3 times more republicans on trumps ticket. And the lack of washington experience. What do you think . Other things, and Newt Gingrich. He is someone who is comfortable with, they have known each other 10 or 12 years, played golf together and so on. Newt gingrich is a heavyweight, particularly in washington. He is also someone trump listens to. Trump is not famous for taking advice. He listens to a lot of advice of gingrich and take some of it. Ashley isnt gingrich the academy of what people are voting against when picking trump, the political establishment, same old same old . Would that hurt trump . They will settle for trump being the outsider. We do need somebody who knows the ropes in washington and no one knows them better than Newt Gingrich who was a house member for 20 years and House Speaker for four years and someone who is a policy expert. He had all the things trump needs and he is someone trump is comfortable with. He makes a lot of sense, and the trump fans, accept just about anybody trump pics. Ashley you are probably right but trump was talking to joni ernst, Hillary Clinton spent part of her weekend interviewed by the fbi for more than 3 hours. We are also hearing clinton aid hima aberdeen use burn bags to illegally destroy documents when clinton was secretary of state. The list goes on and on. Lots of material for donald trump. He will use it one way or another, we will have to wait and see what happens. The interview of hillary on saturday by the fbi director james comey they ought to be finished. The investigation is taking an awfully long time and hillary is the last one. We should get some word pretty soon, probably not this morning but pretty soon about what the fbi is going to do. Ashley we will hear from the fbi at the top of the hour, we dont know what it is about but there is speculation about Hillary Clintons emails and she wont be indicted. What are your thoughts on that . I dont think she will be indicted. President obama will be campaigning this afternoon. Remember the attorney general Loretta Lynch is apologizing for that meeting for half an hour with bill clinton at Phoenix Airport a few days ago, we wouldnt have known about it, if it was not for a tip given to a Phoenix Television reporter. There were no reporters at the scene or anything. We would not have known about it, that is a telling meeting. Ashley i think so too. It is a very questionable thing. Thank you so much, appreciate your time. Lets check the tao. More red than green in the first hour of trading, we are up, the tao is up 1 2 , pretty much expected, down markets across the board and in europe as well. Jpmorgan chase at the bottom of the tao, Procter Gamble leading the way, most definitely a down day. A few minutes from now fbi director james comey will hold a News Conference at the top of the hour. We dont know what the topic is but there is speculation it could be about hillarys use of private emails when she was secretary of state. We will take you there live. Me. We mean how can we help . We mean what can we do . We mean its our turn. To do our part. To serve you, for all youve done to serve us. Perfect driving record. Perfect. No tickets. No accidents. That is until one of you clips a food truck, ruining your perfect record. Yup. Now, you would think your Insurance Company would cut you some slack, right . No. Your insurance rates go through the roof. Your perfect record doesnt get you anything. Anything. Perfect for drivers with accident forgiveness, Liberty Mutual wont raise your rates due to your first accident. And if you do have an accident, our claim centers are available to assist you 24 7. For a free quote, call Liberty Mutual at switch to Liberty Mutual and you could save up to 509 call today at see Car Insurance in a whole new light. Liberty mutual insurance. Ashley a sitting president will campaign with a president ial candidate who is the subject of an fbi investigation. Tell me your thoughts on this as they go to charlotte. She is under an investigation by the fbi. It sent a message this is a new normal. If you are under investigation by the fbi, that is whatever and you go on with your business. Of course it is not all right. She had done this rhetorically by a security review. It obscures the nature of what is occurring. It could be helpful for hillary but it is a reminder to everyone about the problems we have and this would be the third term of obama. I think things will change based on what 2012 was. Mister trump have a chance to change things. Marco rubio could win his own state in the primary election. It is a lot of overassessment. Who do you pick to win florida . We havent seen a Vice President have an impact overall when it comes to a general election. Ashley very unique candidate. Interesting combination, joni ernst will appeal across the board. This is a National Rejection of the status quo that will affect florida. Ashley does that got to be very careful. Of trump is going to win it wont be close and he will win florida. Trump is going to win. This will not be americans cant decide. They are going to decide and it will be clear. Moments from now james comey holding a News Conference at the top of the hour. Will the fbi director address the Hillary Clinton email scandal . We will find out three minutes from now. Your dentures seem to fit fine when you first put them on. But, during the day, they can move in the morning. Noon. Evening. Enough is enough its time to use fixodent plus adhesives. With just one application. They give you superior hold, even at the end of the day. So you can keep enjoying your evenings. Fixodent. Strong more like natural teeth. Fixodent and forget it. Ashley the podium awaits, james comey coming out any moment from now. We dont know the exact topic, we suspect it could be on hillarys email scandal. Lets see what is going to happen. President obama on the campaign trail with hillary. What does he know . Lets look at the market as we wait for mister comey. We will go there, tao up 95, out of the European Union, surfacing again in the markets, the tao of 95 points at 17853, take a look at the stocks we like to cover, tesla shipping fewer cards to customers in the last 3 months, that stock up 3 . Lets look at harleydavidson spiking last week on a buyout rumor. Some of wall street has doubts about that particular story and the stock is paying for it down 10 . Harleydavidson around 49 a share. Look at Goldman Sachs telling staff to cut spending in the face of Fund Outflows and performance. Low. Tao hitting 1. 37 near an us bonds look more attractive even if it is 1. 37 . The fbi director, at the top of the hour, lets get into this. Steve more is the coauthor of fueling freedom. Liz mcdonald is here. We will get to you are. I would think so. There are two alternatives. One is we asked hillary all the questions we needed and the investigation is over. I dont think that is likely. The others we are just getting started. Ashley lets hear what mister comey has to say. Good morning. I am here to give you an update on the fbi investigation of secretary clintons use of a personal email system during her time as secretary of state. After a tremendous amount of work over the last year the fbi is completing its investigation and referring the matter to the department of justice for a decision. What i want to do todays three things, tell you what we did, what we found, and what we are recommending to the department of justice. This is going to be an unusual statement in a couple ways. First, i will include more detail about our process than i ordinarily would. The American People deserve those details in a case of intense public interest. Second, i have not coordinated the statement or refuted in any way with the department of justice or any other part of the government. They do not know what i am about to say. I want to start by thanking the fbi employees who did remarkable work in this case. Once you have a better sense how much we have done you will understand why i am so grateful and proud of their work. First, what we have done. This investigation began as a referral from the Intelligence Community Inspector General in connection with secretary clintons use of a personal email scandal server during her time at victoria state. This was with the classified information was transmitted on the personal system. Our investigation looked at whether there is evidence the classified information was improperly stored or transmitted on the personal system in violation of federal statute that makes it a felony to mishandle classified information either intentionally or in a grossly negligent way. Or a second statute making it a misdemeanor to knowingly remove classified information, the counterintelligence responsibilities, we have also investigated to determine if there is evidence of computer intrusion by nationstates or hostile actors of any kind. I have used the singular term email server in describing the referrals that began the investigation. It turns out to be more complicated than that. Secretary clinton used several different servers and administrators of those servers doing four years at the state department. She also used numerous mobile devices to send and read email on a personal domain. New servers and equip and were employed, older servers, taken out of service door and decommissioned in various ways, piecing all of that back together to gain a full understanding possible in the ways in which personal email was used for government work has been a painstaking undertaking, when one of secretary clintons servers was decommissioned in 2013 the email software was removed. That didnt remove the email content but it was like removing the frame from a huge unfinished jigsaw puzzle and dumping all the pieces on the floor. The effect was millions of email fragments ended up in the servers unused or slack space. We searched through all of it to understand what was there, what part of the puzzle we could put back together again. Fbi investigators also read all of the approximately 30,000 emails secretary clinton provided the state department in 2014, where email was assessed as possibly containing classified information. The fbi referred that email to any Government Agency that might be an owner of that information so that agency can make a determination whether the email contains classified information at the time it was sent or received or if there was reason to classify it now even if the content had not been classified when it was first sent or received. That is referred to as upclassified. From the group of 30,000 emails returned to the state department in 2014, 110 emails in 52 email chains have been determined by the only agency to contain classified information at the time they were sent or received. Eight of those contains information that was topsecret at the time they were sent, 36 of those contained secret information, eight contained confidential information at the time. Separate from those, additional emails were up classified to make them confidential. Those emails had not been classified at the time they were sent or received. The fbi also discovered several thousands work related emails that were not among the group of 30,000 emails returned by secretary clinton to state in 2014. We found those emails in a variety of ways. Them had been deleted over the years and we found traces of them on servers or devices that had been connected to the private email domain. Others we found by reviewing the archive government counts of people at the same time as secretary clinton including highranking officials and other agencies, folks with whom a secretary of state might normally correspond. This helped us recover work related emails that were not among the 30,000 produced in the state. Still others we recovered from that painstaking review of the millions of email fragments built into the slack space of the server decommissioned in 2013. With respect to the thousands of emails we found that were not among those reduced to the state department, agencies concluded 3 of those were classified at the time they were sent or received, one at the secret level and two at the confidential level. There were no additional topsecret emails found and none of those were up classified. We found no evidence that any of the additional work related emails were intentionally deleted in an effort to conceal them in some way. Our assessment is like many email users secretary clinton periodically deleted emails or emails were purged from her system when devices were changed. Because she was not using a government account or even a commercial account like gmail there was no archiving at all of her emails so it is not surprising we found emails that were not on secretary clintons system in 2014 when she produced 30,000 some emails. It could also be that some of the additional work related emails we recovered were among those deleted as personal by lawyers when they reviewed and stored her emails for production in late 2014. Lawyers doing the sorting of secretary clinton in 2014 did not individually read the content of all her emails as we did for those available to us. Instead they relied on header information and used search terms to try to find all workrelated emails among the 60,000 remaining on her system at the end of 2014. It is highly likely that their search missed some workrelated emails and we later found them. For example in the mailboxes of other officials or the slack space of a server. It is also likely there are other workrelated emails they did not produce to state and we did not find elsewhere that are now gone because they deleted all emails they did not produce in state and lawyers clean their devices in such a way as to preclude forensic recovery. We have conducted interviews and done technical examination to attempt to understand how that sorting was done by attorneys. We dont have complete visibility because we cannot fully reconstruct electronic record, we believe our investigation has been sufficient to give us reasonable confidence there was no intentional misconduct in connection with that sorting effort. In addition to our Technical Work we interviewed many people from those involved in setting up the personal email system and maintaining various iterations of secretary clintons server to Staff Members of whom she corresponded on email to those involved in email production in state and finally secretary clinton herself. Last, we have done extensive work to understand what indications there might be of compromised by hostile actors in connection with that personal email system. That is what we have done. Let me tell you what we found. Although we did not find clear evidence that secretary clinton or her colleagues intended to violate laws about classified information there is evidence that they were extremely careless in their handling of very sensitive, highly classified information. For example, 7 email chains concern matters classified at the topsecret special Access Program at the time they were sent and received. Those chains involve secretary clinton both sending emails about those matters and receiving emails about those matters, there is evidence to support a conclusion that any reasonable person in secretary clintons position or in the position of those with whom she was corresponding about those matters should have known that an unclassified system was no place for that conversation. In addition to this highly Sensitive Information we also found information that was properly classified as secret by the us Intelligence Community at the time it was discussed on email, that is excluding any later up classified emails. None of these emails should have been on any kind of an classified system but their presence is especially concerning because all of these emails warehoused on unclassified personal servers not even supported by fulltime security staff like those found at agencies in the department or even the commercial email service like gmail. It is important to Say Something about the marking of classified information. A small number of emails here containing classified information or markings indicated the presence of classified information. Even if information is not marked classified in an email participants who know or should know the subject matter is classified are still obligated to protect it. While not to focus our investigation we also developed evidence the Security Culture of the state department in general and with respect to the use of unclassified systems in particular was generally lacking in the kind of claire for classified information that is found elsewhere in the Us Government. With respect to intrusion by hostile actors. We did not find direct evidence that the personal email domain in various configurations in 2009 was hacked successfully but given the nature of the system and the actors potentially involved, we would be unlikely to see such direct evidence. We do assess that hostile actors gained access to the private commercial email accounts, secretary clinton was in regular contact with personal account. And secretary clintons use of a personal email domain was known by a large number of people in readily apparent. She also used her personal email extensively while outside the United States including sending and receiving workrelated emails in the territory of sophisticated adversaries. Given the combination of factors, we assess it is possible hostile actors gained access to secretary clintons email account. That is what we found. With respect to the recommendation to the department of justice, in our system prosecutors make the decisions whether charges are appropriate whether they help though we dont normally make public recommendations, we frequently make recommendations that engage from prosecutors about what resolution may be appropriate given the evidence. In this case, unusual transparency in order. There is evidence of potential violations regarding handling of classified information, our judgment is no reasonable prosecutor would bring such a case. Prosecutors necessarily way a number of factors before deciding whether to bring charges. Obvious considerations like strength of the evidence, responsible decisions and the context of a persons actions and similar situations have been handled in the past. In looking back at our investigations into the mishandling or removal of classified information we cannot find a case that would support bringing criminal charges. All the cases prosecuted involve some combination of clearly intentional and willful mishandling of classified information or vast quantities of information exposed in such a way to support an inference of intentional misconduct or indications of disloyalty in the United States or efforts to object obstruct justice. We do not see those things here. This is not to suggest, the person engaged in this activity facing no consequences. To the contrary those individuals are often subject to security or administrative sanctions but that is not what we are deciding now. As a result, although the department of justice makes matters on this, we express to justice our view no charges are appropriate in this case. I know there will be intense public debate in the wake of this recommendation is there was throughout the investigation. What i can assure the American People is this investigation was done honestly, competently and independently, no outside influence of any kind was brought to bear. There were many opinions expressed by people who were not part of the investigation, none of that mattered to us. Opinions are irrelevant and they were all informed because we did our investigation the right way. Only facts matter. The fbi found them here in an entirely a political and professional way. Couldnt be prouder to be part of this organization. Thank you very much. Will you make an announcement . Ashley he is not taking questions like we thought he would, james comey, director of the fbi, the clincher to all of this, no reasonable prosecutor would bring a criminal case against Hillary Clinton for her handling of emails. It was very critical of the way Hillary Clinton handled her emails with carelessness, negligence, certainly not rising to the level, he says, of criminal charges but some remarkably amazing statements made in their. His demeanor and the way he laid out the case at the very end, not enough for criminal what is not clear is whether there would be charges for check care careless mishandling of classified information. That is what general David Petraeus, hang on, pleaded guilty to. That was a misdemeanor, no jail time. They found a lot of information beyond what Government Employees found classified. Very blunt language. Any reasonable person in Hillary Clintons position should have known. James comey brought the charges and let the prosecution against Martha Stewart meaning willful obstruction. And they lacked care of confidential information in the state department. Ashley what was your reaction . Hats off to james comey, he is a thorough professional. I dont know the details but i would defer to his judgment on this. The issue with this case was either she was grossly incompetent or she engaged in criminal activity. It sounds there is no criminal activity, this is incompetence and this is a problem with her politically because her whole case against donald trump is he is not for mentally fit to be president. How could she possibly be fit to be president when the fbi, hostile actors who were able to get access. Let me give you detail on that. I interviewed Justice Department officials on that point. We found separate from that multiple email servers not supported by any security staffer. That is at issue too. The first three months as secretary of state, there was Research Done that found her home server was unsecure meaning Hillary Clinton in 2009 was traveling to china, indonesia, japan, egypt, palestine, israel and turkey and that is when the homebrew system was not secure. Ashley your reaction to this . Your mouth was wide open when this began and you have to and puffed. What is your overall assessment . The campaign is blown out of the water, the repeated i never sent information marked classified. It doesnt matter, what did he say . It is the duty of the person originating and sending that information even if it is not marked that it is classified when it is classified information. Gross negligence, 101 emails including tsa. There is an issue of gross negligence versus criminal intent. I have one real problem with the conclusion and this is where i am directed disappointed with director comey. Classified materials management and handling is one of the few criminal codes where intent is not required. The negligence, the recklessness. If you do not handle it, you can be criminally prosecuted and we have seen it hundreds of thousands of times. Ashley he seemed to outline that case. We had a good 80 press conference on here are the facts, thousands of man hours, they had intrusion, penetration with the people she sent emails to. Ashley lets go down the garden path. He is making the case she is different, intent matters. Why does intent matter because she is the president a candidate . If she were in the military. I dont see this, this doesnt let her off the hook. As someone who worked for donald trump i see this as the ideal outcome. As a political matter to be indicted. The question now politically, can democrats go forward . I think it is severe, they were classified at the time, eight were topsecret, Hillary Clinton sending and receiving the comparison to general David Petraeus in his case Hillary Clinton speaking in dc, she looks worried. Of all departments in the Us Government to be called, quote, generally lacking in care of topsecret confidential information to have the state department named as such versus all the apartment in the Us Government, the state department, they protect their topsecret actions overseas and for that to be called out by the fbi director as a political matter the whole case for hillary, she is confident she can do the job. Ashley even though polls show people dont trust her what will this do to her . How damaging is this . Upon your colleagues, the trump campaign, that is the question, incompetent, doesnt know what it takes to be president , has he done any damage to the republic close to what this woman has done is a member of the cabinet . That case is closed, whether it was intentional doesnt matter. This was a woman who had multiple servers, multiple devices, sending emails in areas outside the country where attacking her all the time. The first day she was in office, not like she can in my opinion say i was ignorant of these. It is a basic rule, quote, any reasonable person would have known to protect it in that position. But you make a good point. Multiple servers in that house that had no security staffers to back it up, even gmail. What we are seeing here is unprecedented activity, outlining the case, not sure if that Loretta Lynch did meet ashley ask about the timing. Make one final point, what we need to discuss is whether an aid to Hillary Clinton will be brought up on charges. We have to step back and look at the reality of this event. I would have to go through the history books but i am pretty certain we never had a cabinet level indictment in which the fbi director doesnt quietly send the file to the ag and the ag makes a determination. In the history of the republic to have the fbi director, that is doj, didnt know what was going to happen. That tells you ashley that is what one source claims, had no idea what he was going to say. That indicates the significance, the press conference without telling the agency where he was going. He left for lockheed martin, very well respected. He led the prosecution of Martha Stewart lying to an fbi agent so clearly for him to make the extraordinary move to have a press conference without notifying the department of justice, take note of that. Ashley the timetable of this, bill clinton meets with Loretta Lynch in a farflung place no one was supposed to know about, has an interview with the fbi this weekend, cleared of criminal wrongdoing. Go to carolina today with the president , it looks incredibly shady. That is the big problem. The other issue brought up in the press conference is they were able to recover some of those emails. The question is the American People trust her that she didnt do what Richard Nixon should have done. He race the tapes. The director says they didnt find evidence they intentionally deleted to conceal. But what he was saying intentionally negligent, handling it in a grossly negligent way. What does Hillary Clinton do today . Does she reference this . Or teachers today . He is going to keep i think she can continue to deny 99 but i think it will dig deep hole. She has been caught red handed. And we had one blackberry, shouldnt have done it. Americans forgive if you admit. For 40 years, that is not the traffic. No intent about the handling of emails. What is the intent of setting up a private email server in a hall not supported by the government and it is unclassified . Convenient. The other point, the other reason this is a problem for hillary, it is not like this is one incident. Hillary has always been one half, what happened in benghazi, or future trading, all those things she always seems to just flip out of it. Ashley joining me now is larry elder. Im sure you have lots to say on this. What is your take on this . Hillary is likely doing a happy dance. We already knew she shouldnt set up the server and likely violated Department Procedure if not the law, didnt turn over all the emails or stamped topsecret and also turned out several were stamped topsecret. As you mentioned, hillary is not trustworthy, still not believe she is trustworthy, those believe hillary did nothing wrong, had no intent as obama once said, feel that she was vindicated. Let me say one more thing. He had a sterling reputation for integrity and to recommend no criminal charges is a big deal. The fbi director said it is possible that hostile actors meeting other nationstates had Hillary Clintons email system so that is an issue too. We know people receiving those emails were hacked. I have to disagree with your assessment. I dont see how this is good news for hillary. Our jaws dropped with some of the language he said. I dont see smiling about this, i dont think this letter off the hook politically. He could have said i couldve recommended referral and press charges. He did not. Ashley somebody close to her could get hit with a misdemeanor charge. Ashley it comes down to her. The buck stops with her and she ignored all the rules. Ashley package it this way. The director of the federal bureau of intelligence has proven to the world that she lied when she said i never send information marked classified. More than 100 occasions, she did. That is a political vulnerability. He was on 7 email chains for sending and receiving classified information. Ashley how much damage does this do . What does donald trump do . He is the master of media attack. He could load up a anybody that watches fox news knows that she lied, knows that she sent and received classified information. How do liberals respond to this . I agree totally with what youre saying, yeah, we suspected this but the fbi has now basically documented all of our suspicions do you remember when president obama said hillary had no intent . I know intent is not part of the statute but the left doesnt care. What they care whether or not is hillary tried to do it, wanted to do it, sneakily did it. Liz i think want to be clear what i just said. Hillary clinton was on seven top emails that had top secret information both receiving and sending. Ashley thats amazing. Lets bring in george, thank you sop of for being here. Fox news contributor. What a time to jump in. Did you watch all of that . I did. Ashley what was your take. Now, i have a little different take than everyone here. Ashley oh, good. Quite frankly, it was the fact that comey made this passioned explanation i thought was very detailed of which most people wouldnt have understood half of it. Having said that nothing really new. Im sorry i disagree. Nothing really new here. Weve been talking about these servers, weve been talking about the fact that shes been lying about it, weve been talking about the fact that she erased them. Not really anything new except we had the does anybody watch that press conference believe that this was nothing as you just said . All of her supporters did do im talking about undecided voters, theyre going to look at this that you see theyve been persecuting me, and i told you, and this is going to be her ashley sebastion its just craziness. I have someone from inside the federal government now who said if i would have done one of those things, i would be in prison now. Thats somebody from a federal agency. Ashley let me bring in an attorney, on the phone with us now, former u. S. Attorney Matthew Whitaker because matthew brings up a good point. We heard the case laid out very meticulously by james comey, what was your take and what was your take on his conclusion . Will go to has been this is a typical lawyer answer but it all depends on whats standard. The felony requires intentional or gross negligence, the misdemeanor requires knowingly, and comey laid out that it was extremely careless and that, you know for me, im trying to figure out what standard extremely careless. That feels like gross negligence. Ashley yes. That was you did not act as a reasonable person would act. She said she knew that this was classified as top secret access. She should have known or any reason person knew that they should not have done this on a unclassified system and then they kind of comey, who was a former federal prosecutor he and i served in the department of justice together, and he was u. S. Attorney of Southern District of new york and Deputy Attorney general. He laid out the people that had been prosecuted like which means most of everybody else in fly over country. Are you saying in a gross negligence is indictable . Gross negligence in the handling of this type of classified information is actually a felony, yes. Liz thats what general petraeus was hit with. Ashley so why not in this case, matthew . Again, he laid out, as i watched it, he included at the end i thought this was he was referring a criminal case over. Ashley we did too. And then he pulled a punch, and it feels to me like for whatever reason, they just dont have the desire or the political will or the installment to take it at this point as we head into the conventions. And theres a criminal case here to be made against more than Hillary Clinton, of those that also communicated the highest level of top secret special Access Program information. Ashley but its not going to happen, matthew, is it . Thats it. Weve been waiting for this moment, and i said to sebastion, i felt like we were led all the way to the end, the climax and then boom he being too the carpet away, and we were left with no reasonable person were not going to file any criminal charges but leave it up to the Justice Department. Liz saying theres a criminal charge of anyone . There should be. There should be. Ashley there should be. Yeah. Liz are there grounds for it based on what the fbi director just said . Rge . There grounds for well, again, the standard obviously is always the reasonable person, and he laid out a transcript that any reasonable person that secretary clinton, you know, should have known that the unclassified system was no place for this conversation to afford this information. That is knowingly. I mean that what is the standard . Ashley matthew, let me leave it there real quick. I just want to bring back in larry. This is going to be diseconded every which way from sunday. Youre going to have attorneys from both side. What does that do for hillary . Even though she apparently got off the hook. I havent changed anything in my initial reaction. Shes doing the happy dance. The case is open and shut. She should have been criminally inferred and indicted. She will not be and comey has a sterling reputation and therefore she can argue ive done nothing wrong. I made mistakes, i shouldnt had a private server, i agree with all of that, and shell be able to say i did nothing wrong so shes doing the happy dance right now. Larry, the reason i disagree with you right now is her number one political vulnerability is trustworthiness and this gets right to the heart of the matter is do you trust this woman to be the commanderinchief . Ashley no. What have we learned here her number one ashley go ahead. Number one vulnerability was the possibility that she was going to be indicted. Thats all exactly. I think that is the key today. I mean when we after we really parse everything that comey said. It comes down to ashley youre saying this dark cloud that has been hanging over her its gone. No. No. No. I completely disagree with that. Now, we will certainly it does go to her trustworthiness. Theres no question about that. But the idea that she could be indicted, thats done. But did does anybody think this issue is not going to be the issue for the next four months . I mean really. It doesnt matter. But this is political ammunition. Whether it pleases or not, it is enormous political ashley, you said it best. When we were watching this, how many of us thought it was coming . And i was more shocked when he said were going to no reasonable prosecutor would prosecute this. That was shocking. Ashley it was almost like hes answering his critics that he has gone too soft. He went hard all the way through. It was. For a man who wants to spend the next seven years as director of fbi, it was masterful. Ashley have we heard anything from donald trump. Ive been trying to follow his tweets. Its going to be crooked, its going to be fixed. We know what donald is going to say. Ashley system is rigged, thats from donald trump. Exactly what we will expect to hear. Youre saying she walks away from this. To larrys point she walks away from that indictment, that word. That whole idea that we could have a candidate thats indicted, therefore maybe she wont be the candidate . Right. Well, thats gone away now. I dont know about that. Im saying all the criticism anthe parsing. There are a lot of nervous democrats out there right now. I guarantee you in saying wait a minute. We should have gone with joe biden. I mean there are a lot saying we made the wrong choice. The same people that said that before this. But today shes not going to be indicted. That is a big deal. It is a big deal. Its huge. Liz top secret emails. Ashley yes. Involved our fight against terrorism, cia drone strikes in pakistan and the like. Ashley reckless doesnt cover it. Liz so that brings up who can ham best 3 00 in the morning phone calls. Ashley let me bring in on the phone former state Department Official christian whiten, christian, your take on this and whats this were weve got larry and georgette saying, hey, Hillary Clinton is doing the happy dance. Whats your take . Well, actually its a fairly shocking decision on so many levels i dealt with the classified information at the state department highest classification level. And this is just fundamentally a corrupt decision, the timing is corrupt, the outcom corrupt, anyone who deals with classified information knows that Foreign Government is classified. Anyone who knows that security requests, the movement of the ambassadors and combat zone is classified information and that was in hillarys email. The list just goes on and on and on, the timing was extremely suspicious too. The fact she was interviewed on a saturday of a Holiday Weekend and the fbi comes around the next working day and declares her all clear, that never happens in criminal investigation. So, you know, i think this feeds into the narrative that the system is rigged. I think it really helps donald trump. It would have been much smarter for the Obama Administration just to slow walk this past the election and its very shocking. Ashley it is shocking. I want to go back to macdonald. Liz tweeted the system is rigged general portrays got prosecuted for much less. Also another tweet from donald trump, saying crooked hillary compromised National Security but no charges. Wow. Riggedsystem. The right will spin it their way. But i think where youre wrong with all due respect is those undecided voters who just dont know if they can tolerate trump or hillary, and they see this and wow could she really be the commanderinchief ashley after benghazi, after all of these things, they accumulate. Im, by the way, one of the people when this story initially broke, i didnt think there was much there. But when i heard today fbi laid this case out, i was, like, wow. Liz right because the Hillary Clinton spun it as this is a rhetoric keeping issue. This is trivial. The first time weve seen ever a you know, secretary of state putting a private server in a home multiple servers. Liz multiple servers that was unsecure. How could she not know . Of course she knew and we know she knew and we know all of this. Weve been talking about this for months and months and months and months. Ashley so what . She was not indicted today. Now, everyone says comey is such an honorable person, his reputation, he didnt resign, all the things weve heard standing up for indictment. None of that happened. And none of what were talking about we know that was top classified information. Weve been talking about this for months. Now of course were going to parse it, and were going to talk about it all over again for the next four months. It does give more to donald trump certainly. But at the end of the day she wasnt indicted. Liz two words, though, not mentioned by the fbi director. Clinton foundation. Ashley thats true. No mention of the foundation. Good point. And thats everyone thought the real vulnerability was there and yet not a single word about it. Ashley christian, the time you mentioned oh, christians gone. Well, he had a good statement and then hes gone. Lots to talk about. So, listen, larry, you still there . Im still here. Ashley okay. So we talked about hillary, what does donald trump do with this . We heard the tweets, we know hes going to tweet. Hes got so much ammunition, but with this, he could be very effective; right . Absolutely. He could just cut a spot and just have excerpts of what james comey said. The sword has been removed, the dark cloud is still there but as far as independent voters are concerned, i think it still comes down to the economy. Hillary clintons negatives are there. People dont trust her, thats built into the cake. But ultimately its going to come down to whether or not people feel donald trump or hillary are going to make their economic lives better. Ashley joining us in the studio is prosecutor wendy patrick. Wendy, thank you for joining us. Were surprised theres no criminal charges being put forward. We were led to believe from mr. Comey all the way to the very end, we were you know, sold the thing, and he laid out a very good case and then no criminal prosecution or at least the recommendation it of. What are your thoughts . Well, i tell you what. Having been in front of judges for 20 years, they always do that. They start and youre led to believe theyre going in a direction, and it goes somewhere different. Ashley right. I have to tell you, though, im never surprised in a case in Law Enforcement someone honest about the fact this carelessness, recklessness, proof beyond a reasonable doubt is so hard. Especially when youve got all circumstantial evidence and youre trying to deduce inten i. Ashley whats in someones mind. Is this all just about intent . Thats the real question. Is this all about intent . Not completely because you were theres gross negligence standards too. Heres where it gets more complicated. Its easier to prove conduct. Yes, the fbi is an Agency Looking at the value of the case and is it trial worthy for a Prosecutorial Agency . They have to look perhaps technically they can they believe maybe have some evidence for lefter standards of proof not intent, which, again, you dont have to prove. They also have to take into consideration and deciding can they in the aggregate meet that burden of proof . So youre saying you cant prosecute someone for being incompetent for the way they handle their business as secretary of state, even though its egregious, even though its clearly in violation of the rules, in this circumstance it doesnt reach the level of criminal . It doesnt and remember whether it reaches the level of criminal is one question because Law Enforcement agencies, they have probable cause, they have Different Levels of proof. But when youre talking about handing it over to an agency thats going to file charges and prosecute a case, it has to be a higher level of proof. To harper on this point because its so important. We listen to what the evidence that the fbi director laid out. It sounded to me like gross incompetence. Liz could a misdemeanor charge be brought on that . And the level of intent and thats what donald trump has already stepped out. Thats what the naysayers have been saying all along is why does it seem like if you look in the aggregate people have been guilty under far left far left conduct . Its true and theyre going to have those questions to answer. But ultimately the conclusion was well reasoned, well researched, and well investigated is what theyre going to come back with, given the length of time theyve been on this. Is there a thing such as double jeopardy or anything like that. They cant come back and say, well, we found something else. They can still indict. This is just a recommendation; right . And remember that new evidence comes to light all the time on both sides of the liz could aid be charged . Lots of people could face liability if, in fact, we find support has hillary fired anyone with respect to to this . Ashley good question. Not to my knowledge. No, i know some of her aides pled the fifth. Most of them are still with her and major parts of her campaign. Ashley so what about the department of justice . They get this big pile of papers from huge boxes and, you know, they use fork lifts to bring them in, and they heard the recommendation. Whats the likelihood of them doing anything what the fbi said . Well, a lot of them are aware lots of facts and circumstances that were not. So were at a disadvantage brainstorming to the table. We have great ideas and basing it on precedent, which everybody does but also not privy to all the details that they are. Theyve been doing the investigation for how many months now . We knew it was nearing its end and then finally mrs. Clinton herself. But they probably arent as surprised as the rest of us are because the know the back story. Liz i still dont get it. General petraeus is charged for misdemeanor recklessness. But Hillary Clinton wont be charged . Ashley i dont get that. And theres differences. Theres a difference. Difference based on party . Thats the argument, isnt it . They would be factually if you break down the level of misconduct. I dont know how petraeus did worse than what hillary did. Ashley because hes in the military . Theres no military exception to the law. Liz do you need intent to be extremely reckless . Well, intent is above recklessness but ultimately that would be the best case scenario. Not that it was technically necessary but that would make it a case. Theres another theres another angle to this that i think we should be looking at. And that is comeys reputation and lynchs reputation. Ashley well, comeys is stellar. Stellar. However, lets see how this plays today and the fact that she didnt get indicted or he didnt recommend. So is it more of the damage of fall out around clinton that seemed to happen to people that had very good reputation . Look at lynch and comey both ashley you mean the clintons are going to bring comey down . No. I think the conversation will be now why didnt comey indict her or at least misdemeanor . And was he not what we thought he was . Well, theres another point here. The ig report came out ashley very damaging. One of the most damaging about that report is that hillary and her aides did not cooperate one iota. Again, why is it why they wouldnt cooperate ashley let me bring larry back in the conversation. Larry, youve been listening whats being talked about. What are your thoughts . Well, i think it raises a very interesting question about comey not making criminal referral and hillary very likely not being indicted. If donald trump wins this election, will obama pardon fowler past, present, and future crimes . Because this could be reopene r. Ashley no way. Im not kidding. Ashley john, republican strategist in washington. John, come in. Youve been following this along with the rest of us. Still in a little bit of shock because we thought it was headed one way and it didnt work out that way. And we want to know why. Whats your thoughts . Well, the fbi director laid out a great case for what i believed was an indictment. Talked about over 60 emails contained classified material, some of which at the highest classification. Additionally when he read out the charges saying Hillary Clinton and her staff acted recklessly, a reasonable person should have known better, i thought, man, maybe this is very strong. But i thought 793 subsection f of the u. S. Code is negligence there. And i thought that even with all the charges being read, my opinion is that Hillary Clinton ran her state Department Like a corruption castle that even former rob would say was illegal. Ashley wendy, explain. Let me tell you why he did that and lots of times when you hear a nonindictment after all of this hype and public outrage people will say, yeah, well, he didnt consider this or that. Had the fbi looked over here or there. By the speech leading up to the announcement, he let everybody know he did consider all the facts and circumstances. So weve got to ashley covering his backside. Weve got to respect the integrity of the process. We were saying that. Ashley yeah, okay. And he did that to make sure that were not sitting here at the table afterwards saying where was he when this happened . Why didnt he look at that . He did consider everything that we know about and much more, i guarantee you that. And then still reached that conclusion. But we dont necessarily agree with that. What we heard him say, be we all thought he should be indicted. So just because he gave this case that they considered everything. If they considered everything ashley well, they did consider everything. The conclusions they came to dont add up. Thats why people are wondering whether this was a political decision. And it gets back so what were talking about. Why petraeus and not hillary . Rigged; right . Thats what donald. Ashley what did she and were talking about bill clinton meets with Loretta Lynch in some far space and all very strange. And then interview hillary over the weekend for three hours. Today they clear her of criminal charges, this afternoon she jumps on air force one and goes to charlotte, North Carolina. Its all very convenient, isnt it . Right. You know what . I think this shows even more that the clintons work on a different set of rules than the rest of us. The fact that they can have bill clinton can have the attorney general potentially handing over an indictment for 35 minutes talking about grandchildren and golfing, its ridiculous. I just cant believe that the fbi has taken this road and the state department obviously i believe with some potential cover up there because she continued to say there was no classified material, no classified material and some officials in the state Department Agree with her. Liz lets be clear. The director saying 110 classified, eight of them top secret. Ashley the top of the top secret. And thousands were secret, which is not quite the top. Ashley yes. Yeah, listen, how much does commie come under fire here, wendy . He already has. Ashley he has at this table. I think the conversation of this table is represented in living rooms across the nation. I agree. And he knew that was going to happen when he came to the conclusions that he had which, again, is no doubt yes laid out the speech. And its why this isnt going away. And it may not. In fact, just because theres no charges today does not mean as some of you have inquired he really does it mean there may not be some level of liability, even criminally for some other acts. Now, hillary is going to have to respond toviously. Ashley when will she do that . That will be a key moment for her president ial campaign. Or does she . Shes going to have to. Been dogged by this for four months. Ashley the debates will be interesting. I think shes going to have to in the next 48 hours going to have to address this. And shes got to knock that out of the park. She has to sound compelling, be powerful has she said shes sorry . I dont even know if ashley what does Hillary Clinton do now . How does she spin this . I think she i disagree. I think it doesnt have to be one of these big speeches where she lays out. I think she just says, you know ashley i told you. I told you so. I dont think that works. I dont think that works. Look, we did everything i always said im sorry. And, you know, we probably should have done some things differently. Ashley i acknowledge. And thats it. She doesnt have to blow this up even if you are the because all she can do is then the more she talks, the more we number the lies. One, two, three, four. Ashley does hillary ignore this or head on in the next 48 hours . No. Shell say ive been vindicated. I told you all along i did nothing wrong. There was no intent. President obama even said hillary would never do anything to harm the nation and weve been talking about David Petraeus and remember David Petraeus said what she did was different what i did, giving her a lifeline. Are you saying this was essentially a white wash by the fbi . I think that based on what she said for 80 of what he said, i thought he was going to recommend a criminal referral. Ashley we all did. I was stunned when he didnt. And given his recipe, that means she is home free as far as the indictment is concerned. So she will say i have been vindicated. I think her reaction should be different than that. I agree, larry, she is definitely going to say some version of that. I also, however, think she now has the space to give more of an polling than she did before. Remember before when she addressed this, she still hadnt been interviewed. The pressure is off. Can you imagine how relieved she felt today . She never really knew. She might have the space and the luxury if you will of laying out a more detailed and more heartfelt. Ashley what did she does that make any difference to the voters . The voters, it might. I dont i agree with you all on this. I think this was a terrible, terrible day for Hillary Clinton. Ashley what do you think . Do you think Hillary Clinton has the breathing room to discuss this issue . Can she appeal to voters or not lose voters at least from the outcome of this . I think that she will lose voters from this, and you think about what the fbi director said in terms of her acting recklessly. To me, that was saying her and her staff acted like a loose canyon and you know what a loose canyon sometimes do, miss fire. We really cannot put the wellbeing of our country in her hands because she acts recklessly when it comes to the lives of the American People. Ashley you know what . Going into this, almost everyone i spoke to said i dont believe theres going to be a criminal prosecution. Liz yeah,. Ashley did you hear that, steve . I did not think there was gab a prosecution. Come closer to the edge without a prosecution. Ashley its like were all sitting here surprised when we all didnt think it was going to happen anyway. But now its real, were all reacting the way when we first heard about this. Yeah. We cant believe the level of recklessness. Liz and also underline possible hack ashley thats frightening. Also something youve been talking about. Not new to the public. So now she has to campaign for three months saying i was grossly incompetent. [laughter] you bet. Ashley and to wendys point, still there could be charges down the road, whats the likelihood of that . Low. [laughter] low to none but nonetheless if its any solis, no evidence has ever closed. Ashley make a statement or just say thanks very much and never deal with it again . They dont have to. Like you said eaie Hillary Clinton has to speak, nobody else necessarily. Ashley boy, weve run out of time. John, wendy, steve moore, youve been brilliant. Thank you, one and all. Thats it for us. Now to charles payne. Take it away, charles. Thanks a lot, ashley, shocking breaking news fbi recommendation no charges for Hillary Clinton, the entire president ial race, though, has changed big time and over the next few hours, were going to get reaction, were going to get fall out and of course the markets impact. But first blake burman on what the fbi just said. Blake. Hi, there, charles, comey just said after her tenure her colleague were quote extremely careless in handling classified information. However, james comey added his fbi agents did not determine there was malicious intent in the way clinton handled her email arrangement. He said no reasonable prosecutor would bring a case