Gasparino, david asman and greg rayburn. Thanks for joining us. Charlie, what do you think . I said this yesterday, bill ackman is very good investor but when it comes to this stock his bark is always bigger than his bite. Melissa how about the tears . This got a little bizarre. You talk about your parents, people get emotional. Lets be honest here. He is attacking the company. Calling for a company to be put out of business. Is attacking the cfo, the executives of this company as people perpetrating a fraud. Melissa i called it a criminal enterprise. I want to know. Well have the cfo on to respond. If you do that my guess you probably stay away from sentimentality involving your great grandparents that emigrated from eastern europe. You dont go there. This is a serious thing. Melissa yeah. He is basically trying to put a company out of business. Melissa as a ceo of a public company, having been in this seat, how would you respond . I actually think from what ive seen and your guest will be interesting today, the cfo but i think they have done a good job of responding. Melissa have they . I think they let ackman control the narrative. They have given him a lot of runaway but ceo run the business and cfo do some of the frontrunning on this probably better idea. You still have to run the business. For ackman, he made a lot of money on things where he has been more silent. He lost a lot more money on jcpenney and herbalife where he has been out front. You used the runwaynal by. I would use a rope analogy. They have given him rope he hanged himself with today. It was a total bust today. Right. You look what happened, you look at stock chart. Melissa it was down yesterday. Right after he began crying, right after his testimony, thats when herbalife recovered all that it lost yesterday. His argument was all emotional and no substance. I think investors saw that. I think there was substance there. A little bit, charlie, a little bit. Not much. Melissa well drill down on that later. Here is where he failed i think. Same ol same ol. We all know that herbalife is multilevel distributor. They have distributors who actually use the products and they sell them, possibly to third parties. We all know what he is saying. The stock is what it is. But that is not new. That is not new. My question is ackman so young he never heard of amway, seriously . Melissa he spent 50 million on a new investigation. He had new allegations about the club, about some, you know, pretty much Money Laundering going on. Using a u. S. Senator melissa asking cfo about all this later. A United States senator from massachusetts, markey, is essentially being his tough guy, his bagman, if you will in the United States senate. He was spending hundreds of thousands of dollars, charlie knows the story very well, putting money in democratic coffers. But not directly to markey but markey began investigations which were all smoke and fire. Melissa i will not exhaust it. Well have the cfo later in the show. Charlie and i will have the cfo on for his reaction, john did i simone, later on in the show. Huge loss for obamacare. Federal Appeals Court ruled that many subsidies provided through the Health Care Exchange are not valid. Millions of americans receiving subsidies, the white house says, you dont have to be worried. This theory is interesting but it has no Practical Impact on their tax credits right now. Melissa right now is the key phrase. Humana, wellpoint, hitting new highs. This was a very big blow. If youre watching cases going on in the wake of obamacare, this one is saying only staterun exchanges can receive the subsidies and restricting federal, 36 states depend on felled ral exchanges and those subsidies. This could be a big deal. David . Subsidies are make obamacare socalled affordable. If the subsidies are not there, it is not affordable. Therefore the mandate will disappear. Our constitution limits and divides the power of government. Obamacare and this Administration Seeks to grow and constrait the powers of government in the federal brand. It was given a knockdown by this one court panel. Well have to see what the whole court decides. They will appeal it. So subsidies will keep going. Melissa could go all the way to the supreme court. Here is a scary thing. You have an executive here who lives, who expand the law, constantly, and just demand the other side sue him, to prevent him from doing it. It strikes me as just so desperate and such a desperate power play, doesnt it . Absolutely. Hard to imagine a more tone defense secretary administration. Yes. Melissa apple set to report earnings after the bell. That is not only ifrenzy happening on the street today. According to the wall street journal the tech giant is ordering more than 70 million new iphones. That is the largest ever order in history. Theyre flooding the street with iphones. A sign of demand that is going to be there, sign of desperation . Greg, what do you think . I really dont, i dont think apple is the same company it used to be. If you took their history out and took last couple years you have a company talking about a television, talking about a watch and not bringing those to market. Now their new launch make a bigger screen that looks like samsung phone. That doesnt sound like the old apple to me. That doesnt sound like ipad or ipod or revolutionary sort of developments, if they want a revolutionary product, give me a battery lasts more than 24 hours. Everyone would buy that. Melissa everyone would buy that. David . Full disclosure, i had apple stock two years. I have sold it last week at 96 a share. I think it is topped out. For all promises made about new products and promises about demand that may not be there, i think this is about the best youre going to get. But that is very personal perspective. Melissa charlie has been into apple. I would say this, knowing a little bit about the company, you guys are on innovation side. Theyre a business decision. Theyre usually pretty good when it comes to this sort of stuff. They kind of get demand and where the market is. I dont know if theyre good as innovation now that steve jobs is gone. This is numbers. Millenials dont even wear watches. Melissa well see. Well see. Speaking of demand, hang on to your burritos, chipolte is on a role, blowing away earns expectation as stock soars to a new high. Pretty amazing. Store sales were up 17 . They added 45 new locations, i think all in my neighborhood. Yes, really good across the street. I only go early or very late. The line is out the door. Millenials, my daughter is 22, who love it. Got the demo audience. Really has a sweet spot in terms of audience. Melissa people dont know, he doesnt eat solid food during the day. Oh, man. Did you call him a juicer . That could be taken two different ways. Melissa millennial way. He is juicer. Drinking juice. He is health freak. He watches his weight. I used to eat chipolte every day. Chipolte. Whatever. It is kind of healthy. Melissa watching his waistline. Very fit. You see the workout . Im not into the taste. That is fine. Look at stock. The stock looks like a a momentum stock but heres the thing to consider. Mcdonalds has 14,000 units, restaurants in the United States. Chipolte has 1600. This stock has a run, we go back to runway, a long, long healthier than mcdonalds. Melissa time warner voting to prevent its shareholders from calling any special meetings. This effectively throws up a hurdle for any potential takeover by 21 century fox which is the Parent Company of fox business. Charlie gasparino, take it away. My, my, at end of my career will be on this story. Melissa im afraid that is true. Charlie, we liked you here. Melissa wow, end the show on that note. That was it. What else . Fade to black. Read in bloomberg today but we wont get into that. You get good information, charlie. That is the bottom line. This is what i believe, what i know from talking to sources and bankers is that this is a long play. And mr. Murdoch is always, as i said, before and ill say it again, usually 15 steps ahead of all of us. He is. He understand this will be a while. In that long play i bet he also understands that someone else might come along and just throw cash at them. By the way, time warner wants to delay this thing for a year, a full year . A year is a long time. Because they dont want it to happen. They want google to buy them into eventually want the price to be up as much as it can be. Melissa moving on immediately, world cup, victorious german team already damaged iconic trophy. Apparently a piece was chipped off during the wild homecoming celebration in berlin. A month to win it and week to break it. I think this is rep flickca. This is not like the claret jug or stanley cup. Melissa not 18 goldplated. No. I believe that stays real one is 18carat. This is gold plated. Melissa whatever they have broke. What about world series ring. You cant really break it. Melissa there you go. They did in this case. But it is soccer, who cares . Who cares. Melissa charlie, theyre waiting for you outside. Security is out there. Melissa bill ackmans bizarre conference ends with serious accusations and flood of tears strangely enough. We have other side of the story. Herbalife cfo is here on set with an interview you dont ban to miss. That is coming up. You know it is fun being a kardashian, especially government water worker. Listen to the very public way an epa employee got caught being kim on the job. Have you heard about this . More money coming up. Melissa allstar state ready to go it alone on the immigration crisis. Governor rick perry sending a thousand National Guard troops along the border and asking the federal government to pick up the tab. At some time the federal government will respect its constitutional requirement to secure the border and reimburse the state of texas for the dollars that we are expending now. Melissa charlie gasparino, david asman are back with us. Along with Washington Times online opinion editor, monica crowley. Also a fox news contributor. That gets longer every time we talk to you, you add another title and another job. This . I will have you go first . Unfortunate were at this point. Responsibility of federal government and executive branch and president of the United States to enforce the nations immigration laws. This administration refused to do so. Now the border states, in particular facing a crisis of Epic Proportions in large part created and orchestrated and carried out by this administration but this governor is saying you know what . I have had enough. My state cant absorb all the people. You have security crisis, economic crisis, Public Health crisis. Now since the federal government wont move im going to do it and perfectly within his rights to put National Guard there as we as ask washington to reimburse the 12 million bucks. Melissa does it get paid, david, what do you think . Acting like a chief executive. Lets pray and hope, but the next president should be a governor. We see what messes we get into when we dont have a chief executive in the white house like we have, for the past six years. We need somebody who knows how to implement policies. He is showing it with regard to immigration. Showed it with regard to a lot of stuff in texas concerning taxes and regulations. He is making a good name for himself, setting himself up for presidency. This is not antiimmigrant zealot. No. Its a border state. He got at love flak during the president ial election, didnt he came out saying bringing children over that are texas has a d. R. E. A. M. Act in the state of texas. This guy is not a zealot. I agree with you, he looks president ial here, more than the president. Melissa seeing the president , president obama opting out of planned appearance on Jimmy Kimmel Live this week though kept his fundraising schedule largely intact. The commanderinchief no stranger to latenight appearances. Vast geopolitical threats tend to make for tough crowd. Tmz was reporting that president would appear on Jimmy Kimmel Live, all of sudden somebody thought better. People started tweeting criticism, now is not the best time. Melissa to do comedy. That is only reason they canceled, they were getting a lot of blow back on social media that was not appropriate. Keeping up its fundraising schedule. Jimmy kimmel may be a bridge too far, doesnt want to look like he is yucking it up. This is big sacrifice for him this guy put the nations business second to his own pleasure and indulgences. Now of all times, when everything is blowing up around the world to have all style and no substance is ridiculous. Melissa speaking of campaigning, Hillary Clinton turning Silicon Valley into hilicon valley, swinging by facebook, google, twitter, where she participated in a q a session. Her public was not exactly watching in droves. Wall street journal deputy tech editor scout austin, tweeting, only 7830 people are watching hillarys twitter chat online. Bad timing. So they tweeted, ask hillary, but no one did. Here is the thing. One of the things about Silicon Valley, this is the most liberal quote, unquote capitalists in the world. Okay, maybe she didnt get a lot of tweets or followers. Melissa or people watching. I guaranty she will raise a lot of money. Melissa without question. That is what all this is about. Melissa shows you how the rest of Young America specifically feels. Remember her book, which came out a couple of weeks ago has bombed. It sold 175,000 copies. That is nothing for a former first lady and secretary of state. She is not a great candidate. Everybody sits around and says she is ordained. I give it 53 chance. I think there is chance she will not run. Money is the name of the show. What you live and die for. Melissa yes. But on the other hand she raised a lot of money before senator obama came up and challenged her. She had a huge cash hoard. Didnt help her become president first time. Melissa speaking of important stories, card dash shuns oh, please. Melissa epa official Twitter Mistakenly revealing its participation in the kardashian videogame, tweeting quote, im not a clist celebrity in Kim Kardashian hollywood. Come join me and become famous by playing on iphone. Turns out a worker on a fellowship inadvertently triggered auto generated tweet while they were playing the game. Were laughing about this. Melissa kind of. This is absurd or anything. It points to a large problem, this is government. Really isnt a lost efficiency in government. Melissa theyre playing kim game online. Using this on our dime. If you were doing this in a private institution or private business, your boss would say youre wasting companys time. Youre fired i want to know. I met Kim Kardashian couple times. She is extremely goodlooking. Melissa that was a great crib should be contribution to the segment. That is exactly on point. Totally insightful. It wasnt an avatar or anything. Melissa bill ackman taking fight to herbalife and fighting back his own tears. Herbalife, cfo John Desimone joins us on set and gives us his First Response to ackmans latest attacks. That is coming up. Plus, chevron pumping more than gasoline in california. How the company is keeping drought affected farmers out of hot water. Smart money on the way. Really. So our business can be on at ts network for 175 dollars a month . Yup. All five of you for 175. Our clients need a lot of attention. Theres unlimited talk and text. 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I voted for culture. With a k. how are you . I voted for plausible deniability. I didnt kill her, david. And i voted for decisive military action. Xfinity presents the peoples hotlist where you choose this summers top 100 shows and movies. And all you have to do is watch with xfinity on demand. Now through july 23rd. Vote melissa the faa is suspending all u. S. Flights to and from tel aviv citing reports of rocket fire near the airport. Ashley webster has more on the story. Ashley . Melissa, the faa says it will continue to monitor and evaluate the situation in israel. Until further notice, at least for next 24 hours, all u. S. Airline flights to and from tel aviv are prohibited this comes in response to a rocket strike that land ad mile from bengurion International Airport in tel aviv. Citing u. S. Safety, us airways canceled its flight from tel aviv from philadelphia. Unit