cutting wait times. tsa looking to use computers instead of humans to inspect carry-on bags. keeping athletes safe in rio. the zika brought that off bug spray, the official partner at the olympics. another win for netflix to report a deal with comcast allowing customers to use the streaming service on set top boxes. the currency trade driving markets across the world this morning. the british pound fell into a new 31 year love versus the dollar. check futures right now. we are looking at real impact across the world. a low opening for wall street this morning explaining to clients yesterday. in europe, weakness across the board as well. john a quarter of a percent. the cac and the dax in paris and germany even worse off. in asia overnight, market lower. investors around the world seeking safe haven asset. in japan, they yielded a 20 year bond dipping into negative territory's meaning investors would have to pay to on those bonds. we will talk all about that this morning. fox business network dagen mcdowell, recon capital kevin kelley and fox news contributor julie brzezinski. thank you for joining us. good to see you. great show yesterday. dagen: thank you so much. maria: so much to talk about. dagen: i didn't expect that to happen. maria: listening to james comey, you thought he was going one way and then it went another way. a big show this morning. retired lieutenant colonel allen west is at this. new york city mayor rudy giuliani coming on the program and trump campaign national spokesman katrina pearce said. under president george w. bush, michael moe casey. get his take on the latest news that the fbi and libertarian nominee for president can make jerry johnson this morning. stay with us. take it off right now is big news of the morning. fbi director james comey issuing scathing remarks about hillary clinton's use of a private e-mail server. he stopped short of recommending an indictment. there is somewhat comey and paul ryan had to say. >> although he did not find clear evidence that secretary clear evidence the secretary clint and her colleagues intended to violate laws governing the handling of classified information, there is evidence they were extremely careless in their handling of very sensitive to the classified information. >> the plane issue clearly clearly lives above the law. let me say this. he showed at the k. she had been making all your blog. he shouted that they should have been saying in her own defense all year long about her case. maria: i will bring again bunching up, secret service agent, trump surrogate and regional vice-chairman. gentlemen, good to see you. thank you for joining us. hillary clinton -- first, your reaction to the news yesterday from james gummi. >> i was stunned. i have good, credible sources good we are shocked as well. we recommend she would be indicted. isolde to raise to look at this. either hillary clinton does not recognize classified information freely traded over an open server or she did recognize classified information and freely traded over an open server. either way, she's not qualified to be president of the united days. maria: a stunning announcement announcement -- james comey is talking about it, he said so many scathing things about the way hillary clinton used the e-mails. you thought it was going one way, but he said in a reasonable prosecutor bring this case. >> it was quite bizarre. no reasonable person would've known what what hillary clinton was doing was wrong. it is interesting to watch. that's an understatement. maria: clearly there was pressure in the middle of a major election. what do you think? >> i think it is surprising and i think that is the take away. i was searching for some reaction. not a legal reaction, not a political reaction. the one thing that stood out to me that jim comey said yesterday was that this is not to suggest in similar circumstances a person who engage in effect that he would face no consequences. to the contrary, those individuals are subject to security or mustard of sanctions. maria: that is not what we are doing today. dagen: right. recently, the huddled masses would be indicted and prosecuted and she is not. is it a situation of serpents dance is potentially he doesn't want to change the course of history because she's the presumptive democratic presidential nominee? you would have to have a case that you could 100% when it here and die. again, we get treated differently than the clintons did. maria: that's the take away for the most people that the system is rigged. >> the reason is he cannot an effect i haven't told the administration about this, but they know hillary clinton can get on a plane and go campaign for more funds. that was alarming, too. obama scheduler hatters scheduled her to get on board air force one. they reinforce everything happening. >> are we assuming or implying that jim comey is somehow compromised. presumably after her first term is over. nobody has ever accused him of being in any way the pocket. >> what i was alluding to is this administration was so calm and did nothing would happen to hillary clinton. they could let her get on board the plane even if their circumstances surrounding the e-mail server. >> that the timing of this announcement. i don't think it's a coincidence that came on a day barack obama had chosen to campaign with hillary clinton. that this looks good. it solidifies the opinion of people in america that the clintons believe they are above the law. it is wrong. at the very least, this was an indictment of hillary clinton's fair judgment and her moral character. it is going to hurt her now matter what. the american people will rebel. this is something extraordinary, inappropriate. i don't think jim comey is an incredible law enforcement officer. maria: at the end of the day, the people will vote come november. do you think this will impact the election? >> absolutely. people are upset at their government. that's the attraction of bernie sanders, donald trump, all these new people getting involved in their government. this is just another example that will solidify that opinion up the average american who's been sitting home on their couch, haven't been voting, didn't think their vote counted. they will be up in arms. dagen: i think it reinforces what you want to believe. if you think hillary clinton is corrupt, you think she will be corrupt on november. if you think she got exonerated because you're a democrat and you want to believe she did not know the code, you got what she wanted. >> i think we have to expect more than just that our elected officials and representatives of iraq do not legally. the morality and the bad judgment is not what we need in our government. maria: you mentioned the president campaigning with her. hillary clinton tried to shift the narrative to the election while she was campaigning yesterday. here is what she said about donald trump. >> compare that to donald trump. [booing] you imagine him sittinn the oval office the next time america faces a crisis? the world hangs on every word our president says and donald trump is simply unqualified and temperamentally unfit to be our president and commander-in-chief. maria: way and they are in terms of what hillary clinton is hillary clinton method and donald trump on that even in the face of jim comey's commentary. >> that is really rich commentary coming from hillary clinton. a woman with a resume of scandal and potential scandal that is to our mike's blog. this is outrageous. hillary clinton having been a secret service agent on hillary clinton detail, i find it a little offensive that i would've shared information 1100th as valuable as the information she shared on an open server, i would be in handcuffs or in jail. i know that for a fact. i've investigated cases. those comments are beyond the pale. very disturbing. tranter wonder if the news conference was pushed up after the clintons over the lunch meeting. dagen: the time and looked so perfect. and as to the deep-seated feeling that the entire thing was orchestrated and smell bad. i said yesterday, the lynch and clinton meet income of and interview over the holiday weekend and now add to this. this is a dumpster behind a seafood restaurant on a hot summer day. you better hold your nose. >> i think it was so ticked off about the meeting that he put it in his lap and essentially said you on this now. he had to come out and do this. >> i'm a democrat. i can't defend his behavior. i don't know whether she should have been indicted. but at the very least, nobody should do that. dagen: up for somebody who is known for overzealous prosecution, we can talk about the well-known investment banker. jim dagen zika went after him fr obstruction. the hung jury when after a second time and it was overturned on appeal. he had a lot to say yesterday. maria: good analysis. >> this isn't over. if these e-mails were hacked or if individuals receiving these e-mails were hacked, we may see more. this is far from over. the poor judgment and the audacity she had to come out yesterday and attack donald trump on his integrity is bizarre, but that is the clintons. maria: really important to bring up the possibility of being hacked. because of the number of device issues use, because of the number of servers she used around the world, we won't know it, but he did suggest that a hostile act or likely didn't hack into her. we don't know. that's for sure. good to see about. european markets. the losses being felt in the u.s. we've got the clients that we are expecting the broader averages today. comcast makes it easier for customers to binge watch their favorite shows on netflix. more on how the cable company is streaming service are teaming up. more in a moment. ♪ maria: welcome back. south african olympic sprinter oscar pistorius has been sentenced for the murder of his girlfriend. good morning to you. transfer good morning, maria. o-oscar pistorius sentenced to six years in prison for the 2013 murder of his girlfriend. the world-famous paralympic athlete known as the blade runner was found guilty of homicide and a 2014 trial. the south african supreme court of appeals overturned the verdict last december and found pistorius guilty of murder. the minimum prison sentences 15 years. pistorius attorneys cited his disability and emotional state. many people in south africa not happy with the decision. we are getting new details this morning about doomed egypt air flight 804. egyptian investigators say pilot for attempting to distinguish it fire before the plane disappeared. no distress call and investigators are examining all explanation including the possibility of a terror attack. egypt air flight 804 and may night he and killian all 66 people on board. the national weather service has three tornadoes in west virginia on monday. the tornadoes classified ad max to come when a 120 miles per hour. that touched down in orange county. the tornado causing extensive damage to a wal-mart and overturned shipping containers and some cars. five people sustained minor injuries. maria: in business news, customers will soon have access to netflix from their cable box. this following year's discussion, the two companies allowing comcast to incorporate netflix to its next-generation set-top box. netflix has wanted to integrate their cable boxes for years obviously. are the doers are first on multiple devices to watch cable in netflix. i've no idea how many devices i have but it takes a lot in my home. back to you. maria: thank you, cheryl. sbi closing the investigation but not before warning hackers could about access. details on the sensitive information that state. the british pound seeking to another all-time low as investors allow fear to climb higher. one what you should do to protect your investments. new-line back in a minute. ♪ i would like to go to cooking school in tuscany with my mom. i want to open a microbrewery. own a drop-top and drive it on a sunday with my wife. sfx: daughter yawns amerivest brings together the powerful combination of professional insight and intuitive technology making it easier for you to pursue your goals. i'm very much looking forward to working for myself. being my own boss. get started by setting a goal and answering a few simple questions. amerivest helps find an appropriate portfolio to fit your needs... then manages your asset allocation, monitors the market, and automatically rebalances your portfolio. you can view your progress on your personalized dashboard. it's important to have financial security especially at this time of my life and not only for myself but for my children and grandchildren. and we believe if you're invested, we are too, so it's backed by amerivest's fee rebate offer. if the portfolio model you're invested in experiences two consecutive quarters of negative performance, amerivest will pay back every penny of your 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happening to central banks and bankers try to come up with anything to serve global growth. if you go over the u.k. economy chancellor of the the exchequer, george osborne wants to u.k. corporate tax rate to be 15%. it started 20% trying to take it down to 15% by 2020. that will make it more competitive. the average of the 220 is 20%. they try to get more competitive than the slow global growth environment. people they've currencies in they've currencies and go into safe havens. in japan the 20 year has a negative view of. investors are quality as well as liquidity instruments. maria: once again, all about growth. dagen: what happens if interest rates, your bond market is always local/the red symbols like the sky is falling. the longer-term yields in the united states are now so low. the federal reserve not likely to move on short-term interest rates. your banking sector will get crushed. used in the sox really get hit. one of the most worrisome things i've read in terms of the markets in the last few days is a story about the italian babes in "the wall street journal" yesterday with 17% of bank loans in italy are sour. 10 times the level in the u.s. even during the financial crisis it was only 5%. maria: and they still need to raise cash. dagen: have a world financial systems only unravel to exit the e.u. it could speed up the process. >> one of the things that happened is the 60% chance of recession. the reason is because the flattening yield curve. when the ten-year treasury goes goes down to a level, it is singling investors are really, really worried and a good indicator for recession. >> .so make some hard for banks to make money. essentially lending. >> even if you lower the corporate rate comment suggested a 15%, does that offset out of london right now? >> no, it doesn't. that's where you see them react in this way. they will continue to do that. that's why there yield is going down 1.37% because now tats are about janet and the fed raising again, talking about quantitative easing. you had to have that happen. we've seen growth. dagen: heating still get another bond buying program from the fed later in the year. on the other end the other hand is to get a strong jobs report on friday, you 30 rated reset the table for december. you have this tug-of-war going on at their central banks. it's hard to get your arms around how to best do not. being that people are believing this consumer story because health care accounts for 17% of gdp and it's only going up because costs go up as well. the discretionary income isn't flowing through. we've seen middle classes had a 30 year low. there are still concerns, even if we are strong here, we are so dependent on the global economy. maria: the high cost of health care staffing small business and that's what we see in jobs numbers. dagen: oil prices are going back down. consumers need the money. >> another indicator of slow global growth. copper, oil, so many indicators. because of the yield of the market incentive it and the treasury you can get the s&p 500 and get 2.2%. >> 60% chance of recession, what was behind it? was it really the brexit accelerated things? >> they were in a deflationary environment been indicated because of the flattening yield curve. so consistent in the past predict to you in a recession that has now inched out. the spread between the tenure and to year as well -- so low. bond investors get a really low yield. maria: will take a short break. a shout out to an unlikely person. moran trumps complement to saddam hussein's next. general mills expanding its lower recall as more states are affected by the e. coli contamination. what you need to know before you bake anymore cookies. coming up. a cancer diagnosis can be overwhelming and complicated. that's why at cancer treatment centers of america every patient gets their own care manager to coordinate every aspect of their care. the care manager is making sure everything is flowing well so the patient can 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recommend an indictment against hillary clinton, he warned about the hacking threat into their private server as well -- >> we do assess that harmful actress gained access to the private emcommercial accounts with people with hom secretary clinton was in regular contact from personal accounts. >> donald trump heads to ohio for the second time in just over a week, hillary clinton looking ahead to rally the end of the week with vice president joe biden content hypocriticaling wailt times tsa to use computerizes to inspect carrier on bags keeping athletics safe in rio zika athlete a prn off bug spray the official partner at olympics, check your pantry general mills expanding flour recall details which products are included coming up, markets this morning are under selling pressure futures calling it a lower opening for stocks, open of trading this morning, extending yesterday's declines, in europe weakness across the board take a look dax in germany worse performer down 2 and a quarter percent cac quarante down 2 and a quarter% object dax index the low of the morning in asia markets mostly lower as you can see nikkei average slammed down almost 2%, that was also off its worst levels, investors are flocked to safe havens this morning, assets the yield on 10 year bond nears record loss take a look, gold, prices hitting a two-year high, the yield of 10 year 1.34%, right now, donald trump on the attack at rally in north carolina last night after james comey announced the agency will not recommend charges hillary clinton over her private e-mail server now trump heads to battleground state ohio fox news he peter doocy with the very latest. good morning to you. reporter: good morning, maria donald trump now speculates the reason hillary clinton is not in trouble with fbi is because he says the attorney general loretta lynch must have been gotten wind of reports, that if clinton wins the white house, lynch gets to stay at justice department. >> i mean if she wins should he is going to consider extending the attorney general, you know what i am not saying -- i am not knocking to attorney general what i am saying is how can you say that? it is a bribe! . >> trump speculated that america's enemies may have blackmail file on hillary clinton filled we e-mails fbi director now says may have been stolen from that server that he thinks was careless set up for that reason trump says hillary clinton should be d disqualified from serving as president rallied with tennessee senator bob cork ker south in charlotte hillary clinton was campaigning yesterday with president obama. the two rode down on air force one tell hillary spoke first got to stand at podium with presidential seal on front talked about how important it is to her, to continue the policies president obama put in place then, he took the stage and said he is with her. >> i am ready to pass the baton. and i know -- that hillary clinton is gonna take it. >> and i know she can run that race. >> that is why i am signing up, that is why i am ready to go. that is why i am with her! . >> hillary on way to atlantic city for a speech about with a she says donald trump failed business practices trump in ohio, rallying for the first time with another rumored v.p. short lister newt gingrich. >> case that something to watch the as quell he peter this morning north carolina fbi director james comey issuing a chilling warrening about potential security breach of hill hollywood multiple personal e-mail investors. >> was known by a large number of people readily apparent, she also used her personal e-mail extensively outside united states including sending and related e-mails in territory of skwaifded a sarries it is possible hostile actors gains access to secretary clinton's personal e-mail account. >> in spite of the potential of hacking by or i enemies the director stopped short of calling for sanctions or consequences, joining us right now lt. col. allen west former florida congressman fox news contributor thanks to sfwheeg your reaction to what we ja just heard from a james cope. >> first of all, i want you to look up a young man lives in in staten island new york major jace lynn b-r-ez-l e-r. >> united states marine corps punished him of he sent embarrassinglied e-mail over nona classified means to war marines about a tall cuban sympathizer they had on forward operating basis that sympathizer was complicit supplying ak-47 to kill marines on forward operatingbags major was punished caution he used unclassified means sending classified information to save marines somehow you got to explain while hillary clinton what she did no punishment whatsoever not to include not even having a security cleanser revoked, about because in the military, that would be the minimum that would happen to you, there is no such thing, as being careless either you o properly used classified information or misused classified information what we saw yesterday with director comei play on words manipulation of language i think this has severe ramifications for a person who wants to be customer in chief. >> no one is-comfortable no won hel comfortable sounds like you think the system is rigd. >> well, it is not so much the system is rigged when you accept back dagen brought this up when you with a look at optics what has happened in the past week, when you have the former president bill clinton, meeting with the attorney general, of the united states of marker, in a secret private meeting, and then the next thing you know over the weekend, independence day weekend an interview being conducted of mrs. clinton at fbi headquarters then morning after the 4th of july independence day holiday, the director of the fbi stands up and says that he has an announcement to make, and at the same time, we know that the preflight checks were being done for a trip between with the president obama and hillary clinton. and then president obama can now take off with hillary clinton, not a person on under criminal investigation but a person has seemingly been exonerated, this is incredible optics i don't think game of thessalonians h thrones has anything what we saw. >> do you believe jim comey threatened to resign after oppressive information he thought something improper being done working for ashcraft think he is compromised, moral in this situation. >> all i can tell you when you listen to everything, that director comey listed yesterday, then the result that he came up with, it is not really up to him to make that decision. the decision, is to go to the attorney general, to a prosecutor. he is an investigator what he was supposed to do was preeminent evidence, and pass this evidence on. i don't think he is supposed to go out there make a firm declaration about what should go forward all i am telling you this, iss a professional military officer, one-tenth of things that he listed would end someone's career in the united states military. dagen: what is the political fallout then colonel? again, what he went through, yesterday -- showed that hillary clinton lied over and over again repeatedly about she dent a e-mail any classified material not true 110 classified e-mails that they found with some top secret, that she had the server for convenconvenyooens o over again not told truth does that add to people already don't trust her does it shift people away from her? >> well without a doubt what director come stated yesterday was very damning for hillary clinton going forward, when he said that no reasonable person then hillary clinton obviously, unreasonable when you talk about the lie z she said we know from state department inspector general report there was no request no permission granted for her to have that private e-mail server if anything from a political aspect, there is a whole bunch of sound whites that she would be seeing, in commercial ads the biggest with winner yesterday without a doubt was donald trump now he just does not need to fumble this gift that he has been given. >> and is actually doubling down on push to fight terrorism, this time works a shout-out to saddam hussein, listen to this got to get your reaction. >> um-hmm. >> saddam hussein was a bad guy, right? he was a bad guy, really bad guy, you know what he did well? he killed terrorists, he did that so good. today, iraq is harbor to terrorism be a terrorist go through iraq. >> your reaction. >> well, this is something that i continue to say i will say it now, and hopefully mr. trump is watching. someone needs to discipline donald trump someone needs to get him under control take away that twitter that he has he needs to be serious about being the president of the united states of marker, you saw the little faux pas with the star david symbol that was used, in a -- i guess a web ad this past weekend that is why you need to have the right type of people around you, that make sure you stay on message. dagen: errand you -- >> errand you concerned a man running for customer in chief twist toys can move markets potentially start wars not a man running to be a congressman this is a man running to be customer in chief if he doesn't have discipline to not -- praise saddam hussein violating due process gassed kurds millions of his people how could yyou recollect reconcile support. >> if i could spend 30 minutes with donald trump, could i get him more discipline, but if i spent 30 minutes with hillary clinton, i don't think i can teach her about honor and integrity and character, because we see this -- it is something part of her -- her who she is. maria: that was that was really important what you just said before you go let me ask you in terms of the impact on election do you think the sentiment that you brought us this morning, this upset, that perhaps the systems rigged, comey was pressured do you think that comes out in voting come november. >> well, you know, one of the reasons about american electorate sound bite mentality short term memory this happened in july whether or not an impact coming in october i can tell you right now i think there is a let the record further reflect people looking at this, optics of this past week, they are saying that there is a new soviet style politically politburo no rules for few but ruthsing recreations edicita for everyone else to live under bad pill to swallow. >> -- cutting wait times at airports know new scanners when you can expect to see them twitters makes changes to popularity problem back in a moment. ♪ . ♪ ♪ i give you my here at. >> by these monday wednesday morning, rather take a look at futures indicating a lower opening for the broader averages this morning weakness around the world looking at few stocks on the move, twitter makes changes to board of directors former back to chief tangibling officer pretty taylor to board latest in additions to the board have to part of efforts to under jack dorsey stock under pressure ahead of open tesla for dlainz reports of second crash in auto pilot mode detroit free press saying model x, crashed rolled over last week passengers survived tesla reported first auto pilot crash to regulators nine days after it happened the cone will discontinue device recess than about to years the stock is down 18%, in last year, upon blackberry, 6.54 a share headed of the homeland security department praising short wait times at checkpoints cheryl casone with that now. cheryl: pound the -- homeland secretary jeh johnson saying average weight time for passengers in standard lines less than 10 minutes over the july 4th weekend, more than 100 officers voss transfer aed to the seven busiest airports to help speed up security lines, the transportation security administration saying it plans to begin using ct scaners to and he can carry on bags in phoenix airport by the end of the year this is a a test, scanners will give 3-d images analyzed by computers security wreckers check a bag if something is spinauspicious y help lines as well centers for disease control saying general mills expanded flour recall includes more gold metedal flours signature kitchen gold medal. >> may be contaminated with e. coli issued in issue recall -- 4 people, 1 states sick ended 11 hospitalized no deaths reported cdc says anyone purchased the product should throw them out certainly, not eat them. and, finally, she has one 10 gold medals three world championships check out gymnast simone throws out first pitch at monday's game the 19-year-old starts with cartwheel throws i think a perfect pitch good job for her, by the way, she is going to represent the u.s. at the summer olympics in rio next month said she was nervous, her dad helped her practice day before. maria: i love that. >> like i can't believe i made it so excited it was very cute. maria: thanks cheryl olympics brought to you by off bug spray the partnership to help athletics and fans stay safe in rio hill a hill glowing recommendation from president obama the republican lawmakers not ready to close door on e-mail scandal just yet, back in a minute. ♪ ♪ ♪ [announcer] is it a force of nature? or a sales event? the summer of audi sales event is here. maria: 2016 lorp games in rio de janeiro less than a month away health concerns high olympics of official repellent supplier ad johnson says the brand off has been given title joining me right now is member of the fox news medical a team nyu professor of medicine good to see you. >> interesting that off bug spray is official partner. >> i am a believer in insect repellent believe me with deet , mosquitoes but i think the wrong message here i don't think that zika is going to take over olympics i am more concerned about the sewage that is in the harbor lack of modeifications fear has taken over i am not saying zika is not an usual we have had over 100,000 cases so far, in brazil that is a lot. may be 5,000 cases microcephaly associated with it that is a lot you don't want a child with that, of course, women are in control of when they get pregnant don't have to get pregnant down there for olympics you can wait two to three months after if you are a man wait six months, thinking it maybe in your semen the reason everybody is panicked will off spray ward off mos skwietos do you think it will work. >> it works not one hundred percent unfortunately. dagen: you can spray yourself a bug spray tip to toe get bit. >> so what if you have zika you got it 20% time you don't get sick at all 80% the time a mild virus small amount of flwu like symptoms the key mosquito control never able to do control in a brazil effectively a poor economy. everyone worried about it coming to the united states, we do much better job at mosquito control it is not going to have a sustained epidemic in our state. >> there are predictions coming to united states next year next couple years, then if that is the case do you recommend people hold off getting pregnant this is -- >> it is just not spreading mosquito to people to mosquito mosquitoes here don't have it not enough of them no, i would never tell people put off getting pregnant in aria where not endemic united states i don't think is having that problem if i are pregnant want to get pregnant don't attractively to brazil, also. >> talk to a person where they have been it can be passed, sexually transited issue you may not travel but does transmit is in a much less smile sexually transmitted then by mosquito not waving that off mosquito main thing if you are an athlete not going to olympics because of think ought to being shamed of yourself athletes role molds for youth to give to fear ridiculous if you are a pregnant woman athlete don't go about to get pregnant don't go we don't need fear messages i think olympians fiem for courage you standing up for country. >> they have every right to say that is real problem, i don't want to to go i don't want to -- >> i think they are wrong i think -- i just think if you train for years to compete i don't think should you give into fear of a tony mosquito chances getting you very small. >> how long let's say you are athlete you get bitten by mosquito carrying virus you recommend waiting three months six months is in a not completely known i think if you are a. >> that is where the fear comes on. >> if you are a man you should wait six months before trying to get anybody pregnant if you are a woman, it lasts in the blood less long probably about two months two to three mouns, you know you can be tested so if you are a woman wants to get prkt gone to brazil or affected area get tests. >> if you have not had it or even if you have it probably clear one two or three months not talking years here. >> there are enough unknowns that people are afraid, so a i -- to your point, i -- if they don't want to go don't go that is my reaction jooks that is how i feel i understand your point representing america you are -- you know this is what you do, i understand it but i -- if they are afraid should not go. >> more afraid of water lack of medication there. >> how about -- robbed beaten up. >> getting rough. >> paralympic -- >> a target what a mess. >> yes. >> thank you. >> thank you so much donald trump set to hit campaign trail with former speaker gingrich, vice presidential buzz again more on the stakes next, back innin a minute. to everyone with this pain that makes ordinary tasks extraordinarily painful, i hear you. make sure your doctor hears you too! i hear you because i was there when my dad suffered with diabetic nerve pain. if you have diabetes and burning, shooting pain in your feet or hands, don't suffer in silence! step on up and ask your doctor about diabetic nerve pain. tell 'em cedric sent you. i would like to go to cooking school in tuscany with my mom. i want to open a microbrewery. own a drop-top and drive it on a sunday with my wife. sfx: daughter yawns amerivest brings together the powerful combinati of professional insight and intuitive technology making it easier for 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that my daughter has her college education taken care of. call to schedule your free consultation. find the amerivest portfolio that works for you. call to schedule your free consultation right now. . . . maria: good wednesday morning welcome back i am maria bartiromo. a. it is wednesday, july of your top stories right now 7:00 a.m. on the east coast, bock shelt from the fbi agency not recommending charges against hillary clinton over her use of private e-mail server fbi james comey did have some tough talk in that announcement yesterday. >> there is evidence that they were extremely careless in their handling of very sensitive highly classified information. maria: donald trump slamming clinton at rally last night hillary clinton praising president obama's record as she prepares to dwook trump's business record today. >> president obama's job one that he did not ask for, but was handed to him, was to save us from a second great depression i don't think he gets credit he deserves for saving our economy. >> hero cab driver in boston rushed nearly 200,000 dollars, found left in his cab, by a passenger. you won't believe what he received as an award. >> thousands to kentucky for real life noah's ark stay with us for that about mcdonald's in spite offing up sandwiches what company is offering to draw customers to restaurant markets this morning under selling pressure action in currency trade british bound now new 31-year low against the collar check thes equities futures lower opening for stocks on wall street extending yesterday's line to things worsened now at lows of the morning with dow jones industrial average expected to open down better than 100 points european markets also weak across the board, that is also the lows right now dax in germany down 2 and a quarter cac quarante down 2 and a thaird percent in asia markets lower he investors around the world seeking save happenen assets in japan yield on 20 year bond briefly dipping into negative territory, meaning that investors will have to pay to own the bonds joining me to talk about those stories coming up fox business network dagen mcdowell recon capital cio kevin kelly fox news contribute julie roginsky, great show so much to talk about. dagen: emotion to distress dismay. >> depression. >> i feel going on cross the country stay with us we've got a lot coming up, he heritage foundation distinguished visiting fellow steve moore with us trump campaign national spokesperson katrina person will weigh in former u.s. attorney general under president george w. bush michael on the latest out of fbi along former new york senator al mattero libertarian nominee for president are a gary johnson with us this morning we tiek off this hour with top story the shocking decision by fbi, not to recommend charges against hillary clinton. over her private e-mail server blake burman with details in nation's capitol good morning to you. >> hi. good morning to you as well for more than 10 minutes yesterday the fbi director comey ticked off one rebuke after next of hillary clinton e-mail practices at state department one point calling her quote extremely careless. however, comey concluded that quote no reasonable prosecutor would take the case any further, despite essentially clearing clintoncome called her out on crux of the case saying his you investigators found 110 classified e-mails on her servers, none of which should have been there in the first place that was a position that clinton hers had changed over time, watch here. >> i did not e-mail any -- um, classified materials to anyone, on my e-mail. there is no classified material. >> i never sent classified material on my e-mail, and i never received any that was marked classified. >> even if information is not marked classified about in an e-mail, participants who know or should know that the subject matter is classified are still obligated to protect. >> it clinton's campaign released a statement yesterday, thanking the career officials who investigated her while see meanting that clinton admits e-mail setup a mistake donald trump continued to rail against what he sees as a rigged system. >> maria. >> blake thank you so much blake burman in washington, this morning want to bring in 23r0er78 new york former presidential candidate himself rudy giuliani on set good to see you. >> good to see you. >> thanks for joining us your reaction, to james comey yesterday? >> well, i think -- the director of the fbi made a really wrong decision, completely incorrect gave people a completely wrong impression of how you prove intent. and then ignored the two statutes that don't require intent gave no explanation of why there would be no indictment of those statutes, in fact, he laid out all the facts that would require indictment he said she was extremely careless. the statute requires gloch negligence extremely careless same thing definitional of gloch negligence extremely careless, is to, i think that is why he walked out of the press conference without taking questions, the first question would have been, why was smeent indicted under 18 usc section 793 subparagraph f, if anybody wants to look at it, and it says if you handle national security information in a fwroch grossly negligent manner you are guilt of a felony carrying 10 years in jail a big crime for a big reason you should not be extremely careless handling national security information. >> even went through the specific way she was. >> -- his words extremely careless, if you are extremely careless handling national security information you should go to jail. that is what the law says. and james comey somehow put himself and mrs. clinton above the law, plus it is not his job to make prosecutorial decisions. so i know wdon't know why he di is to get justice department off hook or cause he thinks he is still a prosecutor forgot he is an fbi agent it is not his job to interpret the law that is the job of the justice department. >> right, do you think he was pressured because bill clinton met with loretta lynch on her plane, day before? that maybe he got a phone a couple basically saying wrap this up tell us what you know we can't have this linger the president campaign with her. >> i know jim comey was assistant u.s. attorney of mine. >> worked for me. >> an honorable man, but let me tell you the circumstances. all of a sudden clinton meets on airplane, report comes out, two days after the interview? right. >> this report wasn't written before the interview? what did they where i this on sunday and monday? -- interviewed her saturday, and he makes his decision on tuesday? and has a report over to justice department? hillary had to have been set up in advance he had to have known, the decision that he he was going to make. the interview i think was for television it was for show we got to interview this decision had to have been written, made, put together, and then the failure to indict her under the two let's call them nonintent statutes, a total outrage. he laid out a case, that a first year prosecutor could prove in court, now second on intent, we don't provent into by somebody saying i committed snyd in cider trading i am getting a bribe you prove intent through actions of the person who committed the crime, now you look at false statements front page of the "the wall street journal", false statements evidence of connness of guilty the trucks of 34,000 e-mails is overwhelming evidence of conshes guilty particularly he found moneying some 34,000 could retrieve he relevant evidence destroyed evidence. >> found e-mail from people she was talking to they were destroyed, they were not to be -- >> by the way -- by the way. >> right. >> benghazi investigation was going on, called obstruction of justice -- it is mind-boggling what he i thinked here mind-boggling. >> she carelessly used national security information congress of the united states says that all of us rich or poor powerful nonpowerful if we do that go to pail he ripped the mind fold off the statute of justice, it is -- it says disgraceful to me personally upsetting as 15, 16 year veteran of the justice department. >> i bet it is i bet it is. >> hurts me to see this happening to fbi jimallstrom says there are agents i talked to yesterday who -- >> upset. >> the fbi supposed to be fair and square would have been no recommendation you are not the supposed to recommend you are supposed to give facts just facts ma'am remember the old case just the faction ma'am dragnet i think it was to give facts if you want a opinion privately i have had plenty of times fbi has given me an opinion privately when i was making prosecutorial decisions i would be will outraged at the fbi if they held a press conference in one of my cases noufbd about what i should do as u.s. attorney would i ask head of fbi to fire the -- the office who did that, here i am the prosecutor -- you are the investigator, and you are announcing my prosecutorial decision, to give all kinds of incorrect information about intent, you are not answeringing appropriate questions about the nonintent statute and this is my decision not yours you just overstepped what your the boundaries of your office. >> does this tell you what is to come with the ignition around the foundation? >> sure. >> number one. >> [laughter] >> i don't trust any o he -- >> how do you trust after the decision by fbi president obama, hits the campaign trail, with hillary clinton. not to mention that she on air force one listen to this your reaction to this. >> -- >> ready to go? >> yeah. >> uh -- fire it up. >> and -- i am fired up. >> hillary got me fired up. >> she and to the me -- ready to do work. >> that is absolutely disgraceful. >> let's tame comey at word found she was extremely careless almost serial extremely careless secretary of state put national security information at risk including his statement that she brought it with her to foreign countries it could have been taken by enemies. >> hostile actors in the vicinity she was traveling. >> this man should be outraged at her if he really understood his job as president of the united states, he should if that were my secretary of state i would never talk to her again. maria: um-hmm. >> exposed national security information thousands and thousands of national security information this by she did i wouldn't i would never talk to her again. maria: is there anything that comes out of the foundation investigation or are we done? now that we've had heard from jim comey. >> i don't believe we are done i believe that investigation has to go on somebody has to explain how see that made call on behalf of ubs asked irs to go ease on them after clintons got a couple million dollars. >> or uranium deal. >> multiple millions i have a list of 12 contributions to build clinic actions by hillary clinton as secretary of state favoring the organization that gave her money somebody has to explain is to me how that is not a conflict of interest on in 345ib he will find a way to do that somebody has to explain to me why, you can't prove intent through the destruction of 4,000 e-mails -- 34,000 e-mails you are going to have judge on ask usual judge a judge gives a jury on destruction of evidence, and the jury is allowed to infer from destruction of evidence consciousness in guilt same from false statements how many false statements yesterday 10, 12? this was not a prosecutor didn't bring this case a prosecutor, took his oath of office seriously would have to bring this case. >> i am glad you mentioned that why would he say that added, a reasonable prosecutor would not bring this case? >> how absurd, i think a prosecutor would be compelled to bring this case. >> didn't explain that why he would say a reasonable prosecutor would not bring this case. >> the -- the words that he used extremely careless, adequate exactly with statute 793. >> day will. >> if you are going to talk your way out of that, that is a lot of talking you got to do, but to say reasonable prosecutor wouldn't bring this case? it would seem to me that an incompetent prosecutor would not bring this or a prosecutor with some other motive in 1988 i brought rag tiering case against teamsters union to replace entire board cost republican party team is he stories endorsement they had since kennedy i felt very bad doing it but i did it i recommended a special prosecutor to my house the attorney general not because i thought he was guilty but because the law required me to do it because i had to digs prove guilty creates a law lucky we got rid of it i did my job if geraldine ferraro was named vice president i got a certain degree of pressure to open investigation of her husband i said i won't do it this should be above politics. >> you would think you would think. >> and for somebody like jim comey has a background in southern district new york it is embarrassing to me. >> would you consider going back to government? are you going to be offered a role in a trump presidency if should he win. >> i -- as you know i support donald trump but i am saying today has nothing to do with my support of donald trump if these facts, about republican candidate i would feel exactly the same way i think i the proven that with actions. >> sure. >> throughout my career so i don't even want to talk about that but i will make one point next attorney general could reopen this investigation. >> i was going to ask you. >> inebriation attorney general should reopen this investigation, because justice should be blind. jim comey is not above the law he acted that way giving his own opinion yesterday. mrs. clinton is not above the law although she above the law forever so far. >> yeah. >> she should be held the account for imperiling our national security. >> stay with us. your perfect record. yeah. now you would think your insurance company would cut you some slack, right? no, your insurance rates go through the roof. your perfect 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sayings owner happened to call while he was sitting there the man that left cash homeless had inherited that money, why did he return the money listen. >> my mother always said do the right thing, you know -- cheryl: owner of the money gave him 100 dollars for a reward. >> 100 dollars. only. >> could have been more, okay, headlines this morning former president george w. bush celebrating 70' birthday tomorrow visits to presidential library in dallas with an share birthday wishes on a card sign digital card will share abouted messages on social media you've beening hartag 3 -- hashtag 43 turned 70. >> ktc pop east, cooking up deals to celebrate one one of america's favorite disturbs fried chicken taking a chance. maria: yeah i likefried chicken. >> chick-fil-a after this amazing lines out the door across the street. >> southern chain i might shoot that down i don't think that is a chicken cutlet isfried chicken. >> it is delicious. >> a recommendation. >> i would recommend getting someone to cook it for you. >> yeah but go to sylvia's up town i go to samuelson called red rooster, are that is good. >> i would go to places like that. >> you taught me about chick-fil-a dagen. dagen: i like waffle size my grandmother me for life would took in cast-iron skillet we still have, by the way. >> on this book, george w. bush's birthday happy birthday mr. president, president bush today is birthday. >> give him credit for how much he handled the current administration, how much grace he has shown, he has completely kept -- he has stepped off the national stage. >> not only that how much grace he showed during transition i have to say clinton administration did not afford his administration the same courts so i think for that reason alone -- happy birthday. >> spicy chick-fil-a in honor of george bush. >> hillary clinton on offensive former secretary of state a new campaign added slamming donald trump business practices more next global markets rattled by fatherout from british eu exit one painkillering power mouse points to recession in u.s. more on large predictions next back in a moment "mornings with maria" right here. ♪ esurance does insurance a smarter way, which saves money. like bundling home and auto coverage, which reduces red tape, which saves money. when they save, you save. that's home and auto insurance for the modern world. esurance, an allstate company. click or call. esurance does insurance a smarter way. they offer a single deductible, which means you don't pay twice when something like this happens, which saves money. esurance is that's home and auto insurance for the modern world. esurance, an allstate company. click or call. [so i use quickbooks and run mye entire business from the cloud. i keep an eye on sales and expenses from anywhere. even down here in the dark i can still see we're having a great month. and celebrate accordingly. i run on quickbooks.that's how i own it. . maria: welcome back recent market turmoil won bank predicting 60% chance u.s. economy falling into recession, reason deutsche bank is because of the flattening yield curve joining us distinguished visiting fellow heritage foundation trump campaign economic advisory good to see you your take on possibility of a recession i know end of this year or 17? >> you look over the last six months, as i know, the economy has were deaccelerated from 2% rate growth six years to may be a little over 1%, which is really pitiful barely keeping your head above water it off recession range, so, yeah,, i kind of agree with that i say 50-50 chance of sometime, in the next -- nine to 12 months, a recession, you see, by the way, i think maria right now the business sector is in a recession the consumers are still doing pretty well if you look at business funding, business confidence very low very low. maria: we have been talking a lot recently about if fact businesses are sitting on cash, they are note investing in it or r and d one major issue for the economy. so how does that apply outlets say we get a -- gdp -- how does that play out on election. >> i don't see how hillary can possible get elected if the case even if economy performs as it has past six months i think it is problematic, yesterday you saw that hillary and barack in north carolina i believe, talking about how wonderful the economy is, the problem with that narrative maria is that two out of three voters don't agree with it if you look at the killer statistic as i see it, for hillary right now is that white track long track number do you think the country on right track or wrong track by 3-1 margin according to latest "the wall street journal" you know poll, 69% say wrong track 23% right track that is a difficult number for hillary to deal with. >> the u.s. used to be the straw that would stir global economic drink now we're starting to see is that stronger dollar may happen because of brexit we are seeing -- global response to lower corporate tax rates do you think that would be good policy for the u.s. going forward to make us more competitive and would stir global growth. >> is that a trick question? [laughter], of course,, the answer, of course, yes if this is one of the centerpieces as you know of donald trump plan you know we are talking about, a 15% corporate tax rate, would take us down from highest tax rate in the world among competitors 15% only ireland would be lower than us going to success jobs back into united states. i think that is tied to the whole trade issue you know when i told donald trump we don't need -- get our tax system straintdz out a lot of businesses jobs come right back in the united states. >> steven, your candidate wants to -- steel we know would harm consumers -- >> wait, wait, you wait what did he say that he wanted to put -- >> he doesn't want to start a tariff trade war on steel steel manufactures i will send you the link. >> i have never heard him say that listen here is the problem, you don't think you ever heard him talk about trade wars china tariffs from china other places. >> listen to his rhetoric. >> i have. >> hard to follow but i have. >> okay, what he said is we're going to negotiate on trade deals to make sure the country like china japan are opening up their markets to united states, and that they are not cheating and is actuallying our technologies, you know i am a free trader asmara knows we have known each other a long time i am an adam smith froo trader i do believe i don't always agree with donna don on trade for sure the idea have been somebody negotiate trade deals in a way puts america first american worker companies first is key to this, so i act and omission more of a free trader than he is but i don't think you are going to see taifrz i don't think you are -- taifrs, do you that it is great for great britain for the economy. >> brexit. >> yeah. >> absolutely this is pro growth pro worker, prop sovereignty, and the big loser is socialism. >> good for. >> everybody a winner, right? >> what do you manage make of banking sector dagen mentioned italian banks a major issue you look at deutsche bank credit suisse plunging to all time new loss because of concerns there is so much trouble in the banking sector does that carry over to the u.s.? and being the banks here? >> the european banks are in trouble there is no question about it i do think there is a hyper ventilation among investors as you saw when brexit passed remember that night, when brexit passed stock market fell 600 points i was the one saying look that is temporary thing i don't see a catastrophe in banking here at home we got to do inthg the banking regulations, though that dodd-frank bill putting community banks out of business i have talked to donald trump about this, he really wants to put community banks back in business, by pulling back on some of these overregulations in banking sector. >> look we know hillary clinton says shae wants to build on dodd-frank your thoughts on latest news from fbi is this clearing hillary's path. >> look i am not, by the way, i loved your interview with mayor giuliani if never indicted how is this good she was grossly incompetent when you think about her pitch for being president she is on i am the competent one with an hol nuclear code wait a minute you meaning acted in completely grossly negligent incompetent factor how in the world are you qualified to be president after in a behavior. thanks so much appreciate it a pleasure this you up next v.p. buzz continues to grow, big names newt gingrich, bob corker campaign time frame with donald trump more on potential running mate next mcdonald's spices up signature burgers hear what special as you see is make it to menus back in a minute. igned here, made here, shipped from here, on this plane flown by this pilot, who owns stock in this company, that builds big things and provides benefits to this woman, with new cabinets. they all have insurance crafted personally for them. not just coverage, craftsmanship. not just insured. chubb insured. maria: good wednesday morning, everybody, welcome back. it is wednesday, july 6th. your top stories right now, 7:30 a.m. on the east coast. careless but not criminal. james comey not recommending an indictment against hillary clinton. the announcement raising questions on capitol hill this morning as well as the campaign trail. >> hillary clinton put the entire country in danger. put the entire country in danger. and benghazi. and benghazi and plenty of other things, by the way. it was confirmed today that she routinely sent classified e-mails on an insecure, private server that could be easily hacked. maria: the very latest coming up including a look at possible vice presidential picks straight ahead. a warning for android users, chinese malware has infected millions of devices. what it will do to your phone, coming up. thousands headed to kentucky for the opening of a real life noah's ark. a new special sauce from mcdonald's, what the restaurant is offering now, and markets this morning under selling pressure. futures pointing to a lower opening for wall street stocks this morning, extending yesterday's declines with another 111 point decline we're expecting in the dow jones industrial average. in europe, take a look, declines between 1.5-2.5% on the major averages, and in asia markets mostly lower, the nikkei average in japan ended off of its lows but still down almost 2%. investors flocking to safe haven assets, the yield on the ten-year yield is right now at 1.33%. record lows. we've seen some global bond yields dip into negative territory this morning as well meaning investors would have to pay to hold those bonds. fbi director james comey not recommending an indictment against presumptive democratic nominee hillary clinton for her use of a private e-mail server while serving as secretary of state. in his announcement yesterday, comey slammed clinton and her staff for their careless actions when handling classified information. >> there is evidence that they were extremely careless in their handling of very sensitive, highly classified information. there is evidence to support a conclusion that any reasonable person in secretary clinton's 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 looking back at our investigations into the mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts. maria: and house oversight committee chairman jason chaffetz telling fox news he may call the fbi director in front of the oversight committee. >> i'm confused by it. i did have the opportunity to speak with director comey just the last couple hours. if you look at the fact pattern, did she or did she not have classified informationing in a nonsecure format that went on for years, the answer is clearly yes. and the statute says this' a violation of law. maria: let's bring in trump national spokesperson katrina pierson. thanks for joining us. >> god morning. maria: give us sense from the campaign, reaction to this. >> i think this just goes to show what mr. trump has been saying from the beginning, that the system is rig. if that had been you or i, the fbi is not going to give us a call ask us for copies of our e-mail, they would just a take them. sure hi, there was intent because we have hillary clinton, someone who spent a decade as fist lady in arkansas, two terms as first lady, two terms as u.s. senator and secretary of state, and she didn't know what she was doing was wrong? we know she did because she lied about it. she said she asked the state department for approval, and she did not. there's your intent. maria: dagen, the whole reason for having a private server is you intend to hide information or keep your e-mails private. >> right, and there's also what mayor giuliani was talking about with you, the way the statute's written all you need to prove is gross negligence. already what the public knows about clinton's staffers and the secretary herself were warned that this information, this server was at risk when she was still at the state department. so again, what is the most bothersome about this to katrina's point that there are the huddled masses, and then the clintons in terms of how they're treated by the reel system is what -- my the legal system is what jim comey said himself about this, and i said it earlier. this is not to suggest that in similar circumstances a person doing this, engaged in this activity would face no consequences. to the contrary, he said, those individuals would be subject to security and administrative sanctions. that's what's so repugnant about what happened. >> there's an overarching theme too, this is to further benefit the clinton global initiative and clinton global machine they have operated. we know she did pass contracts for countries that we think are nefarious, but they were able to pass through the state department. and so whether she had her hand in that or not, we know that happened, and we know that her aides had access, so they had access to top secret information. there's an overarching theme, and i think it's to the benefit of the clinton global initiative. >> and the other part of the statute is obstruction of justice. her lawyers deleted tens of thousands of e-mails prior to turning them over to the fbi. they don't have those e-mails. therein lies probably where the clinton global initiative contact was in those e-mails. so, again, there's a number of reasons why she should have been indicted, and she wasn't -- maria: let me ask you this because there's a lot of discussion about donald trump and how he is handling this and his reaction, and some people feel like this election is his to lose. can he stick to the issues? can he, you know, a couple of guests on the program this morning said this was a gift to donald trump. so is he going to use that gift? i mean, he gave a shout out to saddam hussein. have you spoken with him? has the team spoken with him about sticking to the issues? >> oh, absolutely. see, donald trump's not talking to us here in the media or even in the pundit class even in d.c. mr. trump is talking to the hundreds of millions of people who are not tuned into cable news 24/7 like many of us are. he is speaking plainly and specifically. his comments about saddam hussein were very specific. yes, he was a very bad person, but now millions of peop having their heads chopped off, so we really need to reconsider our foreign policy because with hillary clinton, you're going to get more of the same. >> i listened to what he said very carefully on this e-mail investigation. can you say he believes jim comey's corrupt? is that what he's saying? >> what mr. trump is saying ifen hillary clinton, they would have been indicted -- >> so the answer is yes? >> no one on this panel would have been asked for copies of their e-mail by the fbi, they would have just taken them. mr. trump is saying something is not right about our justice system in this country to the point where the ruling elites whether it's in the gsa, whether it's in benghazi, any scandal you can name under this administration, no one has ever been held accountable, and another house committee oversight committee is not going to change that. >> it does raise issues though in terms of what jim comey is thinking. he was known in some instances for overzealous prosecution with the investment banker frank what trone, couldn't nail him on bank-related charge, went after him for obstruction of justice on one single e-mail. they prosecuted him once, hung jury. prosecuted him again, he was convicted and then it was overturned on appeal, and frank then gave millions of dollars to set up, like, a justice law center at the university of pennsylvania. so again, frank was tweeting about it yesterday. so, again, it does beg the question of what is he thinking? does he not have the guts to, basically, indict somebody because simply she's a clinton and because she's a democratic nominee? >> here's what's interesting. on june 6th we had jason chaffetz on "outnumbered," and i specifically asked him would you accept the findings of jim comey? he said, probably, because we do believe in james comey. i think he's a man of integrity and honest city, so i -- honesty, so i want to know what changed for jason chaffetz, paul ryan and every republican that until yesterday was praising james comey -- maria: sure, you make a good point. >> now he didn't, they're smocked -- >> i can answer that. >> it's the obvious. clearly, she broke the law. even james comey said the things that they did, besides being gross negligence, look, she hads been in all this for decades. she knew the protocol, she signed the ndaa, and she violated it intentionally. what's changed is the response combny gave. he -- comey gave. he outlined every reason she should have been -- >> why didn't she do it -- he do it? >> well, no, all of them are going to have to be indicted as well. who's to say that this is over? to this point about the clinton global initiative, we're just getting started. >> why does donald trump think jim comey did not indict hillary clinton? why? maria: was he pressured? >> there are a number of reasons. of course, the political pressure is huge. >> he can't get fired. >> when the former president of the united states just walks onto the ag's plane just a couple of days before this private meeting between hundredth -- and hillary clinton and the fbi. maria: what about between vice presidential picks, he's going to be campaigning with newt gingrich. who's on the short list? >> i think a lot of people that you've mentioned, newt gingrich -- maria: joanie ernst? >> she's been mentioned. he's interviewing a lot of people. this is very important to him. this is about making america great again, not him. maria: katrina pierson, thank you so much. coming up, ten million android quites reportedly infected with chinese million ware. and then a new survey puts american cities to the snob test. which hot spots took the crown as america's rudest city. can you take a guess? keep it right here, mornings with maria, back in a minute. ♪ [announcer] is it a force of nature? or a sales event? the summer of audi sales event is here. i would like to go to cooking school in tuscany with my mom. i want to open a microbrewery. own a drop-top and drive it on a sunday with my wife. sfx: daughter yawns amerivest brings together the powerful combination of professional insight and intuitive technology making it easier for you to pursue your goals. i'm very much looking forward to working for myself. being my own boss. get started by setting a goal and answering a few simple questions. amerivest helps find an appropriate portfolio to fit your needs... then manages your asset allocation, monitors the market, and automatically rebalances your portfolio. you can view your progress on your personalized 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gains administrative-level access and displays its own ads. the software canal put any data on an infected device at risk. a reset, best option to remove it from your phone. well, mcdonald's turning up the heat for its newest big mac. the fast food giant is using a new sauce which combines sriracha with its big mac sauce. they're calling it signature sriracha, the spicy sauce has been a staple in asian restaurants and very popular in grocery aisles for years, but this new burger has been tested out in san diego and l.a. over the last month, and it's also going to be available in participating seattle restaurants starting tomorrow. well, the mega millions jackpot keeps getting bigger. no winner last night, pushing the prize up to an estimated $508 million. the next drawing is friday night. the jackpot far from a record, that goes to, remember this, the $1.6 billion jackpot that was won back in january. that was the power pal. three player -- powerball. three players in three states split that one. and finally, get this. new yorkers, stand by for this. new york city has been replaced on the top of the list of america's rudest cities. miami, first florida, is now lis america's rudest city. and get this, kevin, phoenix, arizona, voted the second rudest city. >> no way. wow. >> yep. your hometown, buddy. [laughter] phoenix, arizona, which i also grew up in part of my childhood, kevin, and i'm a little upset. new york, though, we're getting nicer. here in new york city, come on and visit. >> i'm a little upset we're not number one anymore. [laughter] >> yeah. [laughter] >> i don't get the miami thing though. i spend a lot of time down there. it could be the there's definitely you're not as beautiful as we are attitude. [laughter] maria: i just had the mayor on yesterday -- >> mr. mayor is, well, mr. mayor. >> can i give you the nice city before i leave you guys? >> yeah. >> san antonio, texas. >> that's true. i was just there. [laughter] >> don't go there. maria: we like it. thank you, cheryl. before we take a break, chechen on markets. u.s. stocks on track for their second down day in a row, investors flocking to safe haven assets in the wake of uncertainty surrounding britain's exit from the e.u. check out the yield on the ten-year government bonds, 1.33% was the number a few minutes ago, now we're at 1.34%. wow. take a look at gold, trading higher as investors are looking for safety in the face of weakness in equities. as you can see there, gold up 1%. up next, building the bible, a massive full-scale replica of kno with's ark is -- noah's ark is set to open in kentucky, but will visitors follow two by two? we'll take a look. back in a moment. ♪ ♪ ♪ maria: welcome back. you have to see it to the believe it, a new full scale replica of noah's ark is set to open in williamstown, kentucky, this thursday. it's believed to be the largest timber frame structure in the world and cost more than $100 million to build. want to bring in ken hamm, president and ceo of answers in genesis, the ministry that built the ark. good to see you, sir. thanks for joining us. >> it's great to be with you, maria. maria: it looks beautiful. tell us about it. >> well, it was built by a hundred amish craftsmen. it's got 3.3 million board feet of timber, and it's built at the dimensions in the bible of noah's ark. so it's one and a half times the length of a football field, half the width of a football field. from ground level to roof is seven stories, to the top of the bow is ten stories, and research indicates up to two million people a year will come to this. it's going to be an incredible economic boost to northern kentucky, in fact, to the whole state of kentucky. maria: yeah. so you think this is going tock a huge attraction -- to be a huge attraction built by amish worker with tax donations from the state, and you were planning this for six years. you think this is going to be a big economic boost. >> it is. we've actually had outside consultants, jerry henry and associates who did an economic study, and they said based on minimal attendance, 1.4 million a year, and we think there'll be a lot more than that, over ten years an economic impact on the state of kentucky of $4 billion creating up to 20,000 jobs. and, you know, we had 8,000 people here yesterday, just our supporters, our donors, because this is totally privately funded. no taxpayer money has been used, and the supporters that were here yesterday just as, you know, a preview of the ark, i mean, the whole area was slam inside regard to restaurants and hotels and hotels are saying they're booked out around the area. this is really going to also help the tourist industry in northern kentucky because we promote other tourist facilities in this area. maria: sure. here is kevin. >> a lot of times you're seeing that people are worried about the separation of church and states. a lot of religious groups have been attacked. have you gotten pushback from building this or a lot of challenges along the way? >> well, yes, because the state of kentucky has a tourism tax incentive which is a rebate on sales tax you generate within your own facility, and they offer that to any tourist facility that actually fulfills all their requirements and outside consultants check it all out, and it's been given to kentucky kingdom and the speedway and the bourbon distillery, and we were able to participate too because it's another tourist facility. but then the secular groups put pressure on the then-governor to stop us. so we went to federal court and a federal judge ruled on the basis of the first amendment that it's free exercise of religion. if you're going to offer an incentive to any tourist facility, you can't say you can't get it because you're christian. it's got nothing to do with separation of church issues. maria: dagen, jump in. >> ken, do you expect to convert more people and make 'em right with the lord, so to peek? >> well, you know what? >> i say that as a southern baptist, so -- [laughter] >> we are christians, and we do want to get the christian message out, but we don't hit people on the head with the message. they can go to arkend counter.com to find out the information. maria: we will do that. ken, thank you. ken hamm. we'll be right back. maria: good wednesday morning, everybody, i'm maria bartiromo. it is wednesday, july 6th. 8 a.m. on the east coast. bombshell from the fbi. fbi director james comey says hillary clinton's use of a private e-mail server was careless but not criminal. >> there is ed to support a conclusion that any reasonable person in secretary clinton's 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. maria: donald trump slammed the announcement saying that the system is rigged just hours after comey's news conference. president obama praised hillary clinton on the campaign trail. >> and there has never been any man or woman more qualified for this office. [cheers and applause] than hillary clinton. [cheers and applause] ever. maria: another autopilot crash for tesla. is this a sign of bigger issues for the automaker? we'll take a closer look. then your facebook photos at risk what the company is trying to do to get you to download another app. plus, your morning cup of coffee getting more expensive, starbucks' latest price increase, that's coming up. markets this morning under pressure. the action on currency trade driving markets, the british pound falling to a 31-year low versus the u.s. dollar. a decline of about 100 point offense the dow as stocks extend yesterday's declines this morning based on futures and the action across the world. in europe weakness across the board, take a look, and these averages in europe are fractionally off of the worst level of the morning, 2% declines across the board. asia overnight mostly lower, investors seeking safe haven assets. in japan, the yield on the 20-year bond dipped into negative territory meaning investor would have to the pay just to hold those bonds, nikkei down 2 president, and that was off of -- 2%, and that was off the after -- off of the lows. we are about to speak with judge michael mukasey. to our top story of the morning, the fbi recommending no charges against hillary clinton over her e-mail server despite admitting the likely democratic nominee sent classified e-mail on the server several or times, a claim she denied numerous times in the past. >> i did not e-mail any classified material to anyone on my e-mail. there is no classified material. i never sent classified material on my e-mail, and i never received any that was marked classified. >> even if information not marked "classified" in around e-mail, participants who know or should know that the subject matter is classified are still obligated to protect it. maria: my next guest reacting to the fbi's decision, pepping an op -- penning an op-ed in "the wall street journal" this morning. he writes: explaining why he wasn't recommending prosecution, director james combny instead showed that charges would have been justified. joining us right now is former u.s. attorney general michael mukasey. judge, good to see you. >> thanks very much for having me. maria: explain what you meant, because i too was watching jim comey yesterday and the whole time thinking he's going to one place, he's going to the indictment place, and then he takes a sharp left turn and says no charges. because everything he he was sag was, yes, negligence, carelessness -- >> gross negligence is, in fact, what he actually described. he said she was extremely careless. that's the definition of gross negligence, particularly when he described what kind of material she was dealing with. if you're walking down the street handling a piece of priceless crystal and you're balancing it on your hand, that's gross negligence. maria: right. where do you think things go from here? >> excellent question. i think that they haven't yet cleared up the question of whether the clinton foundation is still under investigation. i've got no idea where that goes. obviously, the portions of yesterday's press conference just before he made his announcement are going to be cut up into little sound bites and turned into campaign spots for donald trump. maria: yeah. mayor giuliani just made an interesting point a few minutes ago before you arrived, he was here and he said, look, clinton meets with loretta lynch on july 3rd. july 4th we've got -- july 3rd we've got the interview with hillary clinton and the fbi, and then by july 5th they've got the report out from the fbi. so they turned around her interview in a day and a half, or was his judgment made even before they interviewed her? >> it sounds to me, and this is speculation, but it sounds to me as if his judgment was made before and that unless he said something enormously surprising at the interview which she obviously budget going to do because she was there with several lawyers and has always been carefully scripted, unless she did that, he was going to go with what he went with yesterday. maria: the issue of intent is really what i want to fete your take on, because that's what he was hiding behind. she denied intend to break the law, i guess, jim comey was. listen to what mayor giuliani said about that. he was shocked at the decision. >> let me tell you the circumstances. all of a sudden clinton meets her on an airplane, and their report comes out, what is it, two days after they interview her? maria: right. >> this report wasn't written before they interviewed her? what, did they write this report on sunday and monday? interviewed her on saturday, and he makes his decision on tuesday and has a report over to the justice department? this had to have been set up in advance. maria: wow. >> he has to have known the decision that he was going to make. maria: what about the issue of intent, judge? >> there is no issue of intent under the statute. under either statute. he's talking about two separate laws. one says that if you show gross negligence in putting classified material where it shouldn't be, then, and in the hands of somebody who shouldn't have it, that is a felony. now, gross negligence is the only level of intent that you need. and what he described was gross negligence. maria: it almost sounded like, you know, he came out and was saying what should happen. i mean, you know, as a former attorney general, does it surprise you the way he approached -- it's not his job to say she's guilty or innocent, correct? >> that's correct. it is it is not his job to announce whether the thing is going to go forward or not. that disclosure of his recommendation, that recommendation if it's made and it's not made in all cases, but if it's made, it's supposed to take place in the context of a discussion with the doj prosecutors who are going to handle the case. usually what the fbi does is to present the facts to prosecutors, and most often they come in and say, hey, we think we've got a case here. they present the fact to the prosecutors. the prosecutors decide whether to go forward. the head of the fbi, even the head of the fbi doesn't make that decision. maria: it just seems to me that the way it all went down, i mean, for example, that clinton meeting with loretta lynch, as a former attorney general, would you have taken the meeting? you see that someone to who's under investigation, the husband is coming, wants to come onto your plane. what do you do? >> you say, no. and if for some reason you can't say no, you have staff present to take note on what gets said at the meeting. maria: that's such an important point. why wasn't there anybody else on that plane? >> who says there wasn't anybody else on that plane? she said her husband was on that plane, but she was traveling on government business. i'd like to know what staff were on that plane or were taken off that plane before the meeting took place. maria: yeah, that's absolutely right. >> i mean, i had staff who were there largely or often to tap me on the shoulder and say don't do this. and those are the people you listen to. maria: you would think that she's got that around her. i mean, what kind of -- >> she's also got da protective detail of fbi agents. he has a protective detail of secret service agents. they don't even work for the same government department. so the notion that somehow happened spontaneously is ridiculous. maria: right. ridiculous, and yet that's what their saying. do you think because of that meeting things got accelerated and the word was to jim comey -- >> an diddley? i don't think that meeting -- candidly? i don't think that meeting had anything to do with the result. that meeting was bill clinton being bill clinton. and i could, you know, i could give you a analysis of what, what was really going on. maria: what kind of pressure do you think jim comey is feeling or was feeling to get in front of that podium to say -- and basically clear her name? >> look, i can't get inside jim comey's head. i don't know what led him to do what he did. but he stepped way outside his job in disclosing the recommendation in that fashion. now, whether he felt there was a deeper, a deeper mission here or not is something that i have no idea. maria: i mean, maybe he just didn't want to get involved in the political process and knew if he comes out and recommends charges, he just did. >> you can, i can analyze maybe if and so on, but it's, it's all speculation. maria: would a new attorney general take up this case again, do you think? >> as a practical matter? maria: yeah, as a practical matter. >> no. this case? the e-mails? maria: yeah? >> as a practical matter? no. the clinton foundation is something else again. but not this case. maria: the foundation is still under investigation, but a lot of people feel like we're not going to get the results until after november, certainly. >> that may very well be. the statement was made earlier on that the information isn't going to be disclosed under the freedom of information act for a long time, but that doesn't say that the investigators don't have it. maria: judge, good to see you. by the way, happy birthday to george w. bush. >> yes. happy birthday to george w. bush, indeed. great man and a person be i really admire. maria: i know you do. >> still do. maria: thanks, judge. judge michael mukasey. still to come, a global superstar may soon be behind bars, lionel messi. plus, starbucks set to give prices a jolt. why your next cup of joe will be anything but a perk for your wallet. back in a minute. ♪ ♪ if you have medicare parts a and b and want more coverage, guess what? you could apply for a medicare supplement insurance plan whenever you want. no enrollment window. no waiting to apply. that means now may be a great time to shop for an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. medicare doesn't cover everything. and like all standardized medicare supplement insurance plans, these help cover some of what medicare doesn't pay. so don't wait. call now to request your free decision guide. it could help you find the aarp medicare supplement plan that works for you. these types of plans have no networks, so you get to choose any doctor who accepts medicare patients. rates are competitive, and they're the only plans of their kind endorsed by aarp. remember - these plans let you apply all year round. so call today. because now's the perfect time to learn more. go long. maria: public transit workers in athens, greece, have walked off the job. >> yeah, marr ya, they're staging a 2446 hour strike to protest some of the measures that are part of the country's international bailout conditions. the strike has stopped the trains and subway there. the result? huge traffic jams. public transport workers are protesting plans to privatize the railway system. greece has received three international bailout, by the way, since 2010. well, there has been another crash involving a tesla while it was in autopilot mode. a michigan man tells police that his 2016 model x crashed and rolled over on the pennsylvania turnpike last week. the turnpike has narrow shoulders and concrete medians that leave little margin for driving error. the driver and his son-in-law both survived that crash, but it happened one day after a report was released on a fatal crash in may involving a tesla that was also in self-driving mode. and soccer superstar lionel messi sentenced to 21 months in prison for tax fraud. a spanish court found the barcelona star and his father guilty of three counts of tax fraud, but in spain sentences of less than two years for first offenses suspended. that manes that messi -- means that messi will not go to jail. and finally this, starbucks raising prices again. the world's largest coffee chain planning to initiate a price hike next tuesday, as much as 30 cents. last year they raised prices between 5-20 cents. by the way, the company also says, get this, it mistakenly started the price hike last week, so they fixed the problem, but you probably paid 30 cents more for your drink in the last week, you know, and i don't know what to tell you. if you've got your receipt to, great. maria: unbelievable. they started a week early. thank you, cheryl. >> you bet. maria: coming up, libertarian nominee gary johnson on why his party is being more haley considered than ever -- heavily considered than ever. and why you may want to wait until the fall to buy your next iphone. keep it here, back in a minute. ♪ ♪ he has a sharp wit. a winning smile. and no chance of getting an athletic scholarship. and that is why you invest. the best returns aren't just measured in dollars. and i'm just a guy who wantsants to sell him that truck.ck. so i used truecar. it told me what other people in the area paid for the truck i want. and because we're a truecar certified dealership, i already know the truck he wants. so we're on the same page before he even gets here. -it's fair. -and it's fast. look good? looks great. this is how car buying was always meant to be. this is truecar. ♪ with new cabinets this wfrom this shop,house, with handles designed here, made here, shipped from here, on this plane flown by this pilot, who owns stock in this company, that builds big things and provides benefits to this woman, with new cabinets. they all have insurance crafted personally for them. not just coverage, craftsmanship. not just insured. chubb insured. by switching to xfinity x1. rio olympic games show me gymnastics. x1 lets you search by sport, watch nbc's highlights and catch every live event on your tv with nbc sports live extra. i'm getting ready. are you? x1 will change the way you experience nbcuniversal's coverage of the rio olympic games. call or go online today to switch to x1. maria: welcome back. president obama raising eyebrows when he endorsed his presumptive democratic nominee hillary clinton while she was under investigation by the fbi. yesterday, just hours after james comey announced he would not recommend are an indictment against clinton, president obama stuffed with hillary in north carolina -- stumped with hillary in north carolina. are this raise questions about his role in the investigation? want to bring in former new york senator al d'amato. thank you so much for joining us again. what's your take on this? president obama and hillary clinton campaigning in north carolina hours after we get the news from jim comey. >> to quote donald, the fix was in. you can't escape that conclusion when you listen to comey lay out all of the egregious things that secretary clinton committed willfully exposing top secret -- by the way, not just secret, not just classified, but top. this stuff is so secret, nobody gets to see it ever. and eight of those e-mails, notwithstanding that she shouldn't, oh, i never had anything, ever, eight of them. and by the way, did comey can is her that? -- ask her that? that would be did the fbi in their three hours ask her that or were they talking about grandchildren? maria: right, right. >> this is incredible x. it is a stain on the judicial process, and it feeds into the idea that bernie sanders and donald trump have said the system is rigged. maria: right. >> it's rigged for the power players. maria: yeah. dagen. >> she might not, hillary clinton, get hammered hard with evidence by some people who interview her in the future, but when she gets on a stage and has to debate donald trump, how in the world is she going to answer this? because she'll have to answer this directly. and if he handles hit adroitly, it could be very damaging. >> well, that's the big question. does he handle it with finesse, or does he just come out and say hillary's a crook, etc., etc. that doesn't go over. and so it has to be handled with finesse. he has to point out that on x number of occasions you said that you never sent classified materials out, that you never received classified materials, and yet here the fbi has indicated with definiteness that you did. and it wasn't afterwards they made the classification. this was your doing it on the server. and by the way, how do you just willy-nilly say, well, 30,000 of these things were lost, they were erased, etc. doesn't that raise real questions? 30,000? and who decided? her lawyers decided what to make available and what not to? maria: now -- >> and mr. comey says, oh, we have no reason to believe that they didn't turn over everything that -- maria: well, what do you think happens now? according to a press release from elijiah cummings, the ranking member of the oversight committee, chaffetz, congressman chaffetz has called for an emergency hearing with comey tomorrow. now, chaffetz himself has not said this, but cummings is saying this, that he's calling for an emergency meeting tomorrow. can anything come out of an emergency meeting with jim comey now in front of congress? >> i don't think that chaffetz is the guy to be doing it, to be quite candid. i think paul ryan, who has the respect of a large segment of the american community, republicans and democrats, should be the person who raises the questions. and he should be doing it. chaffetz, unfortunately, has been stigmatized quite successfully by the democrats as being overly political. so he's the wrong guy to be doing this, and he's no match for comey. >> what's interesting to me is that comey's term is up in 2023. it is virtually impossible to get rid of, virtually impossible to fire the fbi director. he doesn't answer to anybody really except himself because, again, the administrations change, but his tenure runs through the first term of the next president. who's the fix in with? is it between him and the clintons? between he and loretta lynch who he doesn't really answer to? >> or the president? >> or the president? >> let me say this to you. there is the club, the acceptable political establishment that he has now embedded himself with. and he obviously believes that mrs. clinton will be elected since this matter has not been referred. i can't understand for the life of me how you outline, and, you know, you had nothing but a great jurist who was here, judge mukasey, former attorney general, a great prosecutor, rudy giuliani. they all say give me that case, i'd president it any -- prosecute it any day, and i'd get a conviction. maria: why did he say no reasonable prosecutor would make case? >> he was wrong. he happens to have overstated that particular situation because i think you would find any number of prosecutors who, given those facts, would say, yeah, this is a crime x. by the way, gross negligence -- and that's what this is -- is criminal. in nature. and so this was certainly negligence beyond the ordinary slip-up, etc. maria: yeah. >> and it went on for years. and then she tried to cover it up with a series of misstatements and lies. she was not truthful. maria: a couple of weeks ago darrell issa said the only ones who can indict hillary clinton are the american people. this white house will not do it. >> that's right. maria: does this come down to the election? does this sway people? they say i'm sick of it, the fix is in, this is rigged, i'm voting this way? >> met me say this -- let me say this, this was a victory for hillary, but she doesn't come out with a good house stamp on it of approval. she doesn't get that. it still leaves many questions, and i think those who questioned her integrity will still stick to it. i think some will be shocked, those who are open minded that this decision was made. it helps her in that she didn't get indicted, but it's not a clear victory. maria: all right. we'll leave it there. senator, great to see you. >> great to be with you. maria: still to come, the highly contested election has voters eyeing a third party even more than ever. libertarian nominee gary johnson will weigh in on the surge. then, as the battle over content heats up, netflix teams up with one of its biggest competitors. the surprising move. stay with us. ♪ ♪ you focus on making great burgers, or building the best houses in town. or becoming the next highly-unlikely dotcom superstar. and us, we'll be right there with you, helping with the questions you need answered to get your brand new business started. we're legalzoom and we've already partnered with over a million new business owners to do just that. check us out today to see how you can become one of them. legalzoom. legal help is here. ... >> good wednesday morning, everybody, welcome back, i'm maria bartiromo. it's wednesday, july 6th. top stories 8:30 a.m. on the east coast. careless not criminal. that was the result of the investigation by james comey when he recommended there would be no indictment against hillary clinton. he did admit that the hacking into her private server was real. >> that hostile actors gained access to the private e-mail accounts of people with whom secretary clinton was in contact from her personal account. maria: the announcement sparking outrage on the campaign trail and he called the system rig. hillary clinton says she'll attack his business. and getting you to download an application, ready for an upgrade why the wall street journal says now is not the time to buy a new iphone. and idaho for the second allen and company conference, we'll take you there live for a look at what to expect. turning to markets this morning, futures indicating a lower opening for stock prices, extending declines on wall street. we're expecting a 100 point selloff this morning for the dow. in europe, declines of better than 2%. and many of the major averages this morning, as european markets once again look at the implications of britain exiting the eu. in asia overnight. the markets were lower, almost across the board and shanghai composite was up a fraction, but the nikkei down 2%. and looking at the yield on the 10-year bond niece record lows and gold prices are hitting tsh year highs. and the war of wards escalating on the campaign trail with donald trump and hillary going on the offensive and attacking each other's character. >> she made grave mistakes and sounded to me like there was no choice, but to convict or to go to, you know, some form of very harsh punishment and they didn't do that. >> compare that to donald trump. can you imagine him sitting in the oval office? the next time america faces a crisis. it sounds like she had horrible judgment. she didn't know what she was doing. she was sloppy, she was just about as bad as you can be. >> the world hangs on every word our president says and donald trump is simply unqualified and temperamentally unfit to be our president and commander in chief. maria: as the rivalry heats up between clinton antrd trump, on candidate is quietly running for the white house. bringing in former new mexico governor gary johnson. thank you for joining us. >> maria, thank you. maria: make the sales pitch for us. in an environment where we see really such a debate going into this election, why would voters choose governor johnson? >> well, how about right down the middle? and i am talking about myself and bill wells, my running mate, former governor of massachusetts, two former government. fiscally conservative, socially, look, we should be able to make choices in our on lives that only affect our own lives as long as those choices don't adversely affect others and how about some skeptics at the table when it comes to our military interventions, i think make the world less safe, not more safe. smaller government, taxes, i'm hoping to get elected president of the united states, count on me to sign legislation that will simplify our tax system, that will lower taxes. maria, if i could wave a magic wand, i would abolish, income tax, corporate tax, and irs and replace it with one federal consumption tax. if that doesn't create tens of millions of jobs in this country, i don't know what will. maria: is it going to create revenue to actually impact the 19 trillion dollars in debt? >> well, i point out that the fair tax is the piece of legislation that's pending before congress. you can look at that as to how to dot the i's and cross the t's when it comes to the consumption tax. it's meant to be revenue neutral and, yeah, we do. we've got a $19 trillion debt and nobody is talking about entitle thes, medicare, medicaid, social security. and we're head today a fiscal cliff here when it comes to the major party candidates, all they're talking about is, you know, trump and his business practice and hillary and her time, you know, in government as opposed to the issues. so-- >> just to be clear, you would cut social security benefits then? >> you don't have to cut social security benefits, no, but raising the retirement age is one example. maria: i see, okay. >> it is fiscally going to be insolvent. there's an end to this. maria: and here is kevin kelly. >> government johnson, a century ago the government took up 8% of the economy and now it's 40% and we're seeing over 22,000 pages of regulatory content in the dodd frank act and coming floo a stronger dollar. which one of your policies is best for this economy. which would turn the page? we've talked about the consumption tax and talking entitlement and executive action, which is best for the economy? people are going to vote with their pocket book. that's an overall view of things that need to take place and talking about reforming the entitlements, nobody is talking about that, lowering taxes and governments talk about lowering the corporate tax to 28% or 27%. how about eliminating it, eliminating it, won't that create tens of millions of jobs? embracing immigration, immigration is really a good thing, we'll need tens of millions of immigrants to fill the jobs that exist if we have a zero corporate tax rate. regulation, running the government as chief executive of the federal government, you know what? rules, regulations, they're going to get better, not worse, and better doesn't mean not protecting you and i against individuals, groups, corporations that are going to do us harm. it's just bringing a common sense business approach to all of this. dagen: governor, it's dagen mcdowell. when you and the green party candidate, joe stein are added to the list of options it seems to help donald trump. it narrows the gap between trump and clinton a little bit. helping him. your reaction to this? >> well, the key is just being included as the third name. i think every name my name is included as the third name, it's 10%, but always as an afterthought. i think that people right now are looking to another alternative. the two-party system is really just not representative at all of the electorate when 50% of new voters right now are saying that they're independent. well, where is that representation? >> governor, how important are term limits in your platform right now and how do you think it affects the american people? >> i really think term limits are a silver bullet. i think term limits existed, and i support term limits. if term limits were in effect, i think that politicians would do the right thing as opposed to whatever it takes to get reelected. the pentagon right now is saying that 20% of u.s. bases could be eliminated, but guess what? we're not eliminating any of the bases because of elected officials in those states that are protecting those bases. if term limits were effect would those congressmen and women be doing the right thing, as opposed to doing whatever needed to elected. maria: here is julie. >> you're at 8 to 10% now, do you expect to be in the debates come october or november. >> my name is just in the polls. it's always an afterthought. everybody reports trump and clinton and often times, they report, oh, and another candidate got 12% in this poll. who was the other candidate? and if they will just give me a slot right off the get-go, trump, clinton, johnson, well, i think we'll be at 15%, but look, if it's always as an afterthought, you know, that's up for grabs. maria: so you don't think that your candidacy is helping trump then? >> no, maria, i think it draws equally from both sides. right now, narrowly, we're taking more votes away from clinton, but i can't see that happening. i have to think that as two former republican governors having served in heavily blue states, fiscally conservative to the max, at the end of the day, maybe that's more votes from trump, but i'm guessing equally from both sides. maria: governor, we'll be watching. thank you for watching us this morning. governor gary johnson there. still to come, follow us or else, the threat that has facebook most moments app shooting up the chart and from world leaders to ceo's, the biggest names are standing in idaho. we'll take you to the sun valley conference in a moment. >> welcome back to another tennis channel wind court report. for fox business. 36-year-old venus williams is through to the semifinals at the all english club for the 9th time in her career. the five-time champion reached the final four and the fairy tale isn't over. she could face serena in the match. >> and i love winning matches and i can't lie about that, but you know, the wins or losses they all lead to the big moments. you can't always have this big moment. if you're serena williams, i guess that happens a lot, but as venus williams, this is an awesome day. >> don't forget, tennis channel's wimbledon action will have the analysis from london as the grass court plays the top tier. >> ♪ going to rock with you, rock you into day ♪ ♪ i'm g ochlgonna rock with you >> welcome back, we're 45 minutes away from the opening bell on a wednesday. we're expecting a lower average for the broader average, down 100. down 2% ahead of the open, and jeffre jeffreys, and the analyst says it will take longer than suspected to hit the targets in the u.s., so users could stream directly from cable boxes. deutsche bank is down 6% lower right now since they hit a record low. dow jones industrials reporting that the bank's head of global currency trading is leading the banks. amid broader concerns of their health and deutsche bank is the liggest risk at the global system and there are rumors that deutsche bank and credit suisse could get kicked out of the euro 50 index and that would be a pressure. media and technology titans descending on sun valley, idaho at the allen company conference. adam shapiro is there with a preview. good morning to you. >> and a good morning to you, maria. when you think of sun valley and i know you're familiar with the setting here in idaho. this is where some of the biggest deals in media and tech get forged. $4.4 billion verizon purchase of aol and a smaller deal. jeff bezos buying "the washington post" for $250 million. so the question this morning, as the titans of media and tech begin arriving for the allen and company conferences will there be another deal? there's also some, you might want to call it a scuttlebutt, chary redstone is here for the first time. she's in a bitter legal battle over the control of his father's company with the ceo of viacom. you might want to be a fly on the wall should they run into each other over cocktails. and huge names, barry diller, diane van furstenburg is expected, and oprah winfrey, and every is wondering about yahoo! and that's perhaps not one of the things, perhaps post-sun valley. this is where the titans of tech and media meet and we're here to get them. we'll talk about it through the day. maria: we'll be watching. we know a lot of deals have been struck at that conference. dagen. >> that's absolutely. dagen: a lot of talk. i don't know, i think that if anything gets done, it will be hugely positive and optimistic in terms of deal making because of the uncertainty. global market uncertainty, moving ahead toward the presidential election. it would take somebody with a lot of guts to ink a deal at this point. >> i beg to differ. you look at the companies and the representatives there. they are the deal makers and they have the most cash on their balance sheets. so, not only can they do a buyback. they can go out and acquire other companies. >> valuations are high. >> not in the tech space. tech is the one spot growing. just look at what microsoft did buying linkedin. it was a drop in the bucket. the companies are trading at 18 to 20 p.e. on the nasdaq 100 and growing around 15 to 20%. and in the utility-- >> on the public side rather than the private side. >> utilities are trading at 20 times p.e. and growing earnings at low single digits because it's a thrill for yield. people are chasing that. dagen: microsoft paid a 27% below the peak linkedin price from about a year and a half ago. >> exactly, bargain-- that's what the conferences are for. dagen: it had come down a little bit. maria: the private companies like the ubers of the world and questions about their valuations and whether or not it's overdone. >> a lot of those valuations have been marked down. so, you're right on that regard, but-- >> and i'm always wondering what goes on at davos and places like this, and an excuse to get together and party with rich people. maria: coming up, facebook threat has users scrambling. what you need to do to protect your photos now. plus, the best new iphone could be the only one-- the one that you already have. what you need to know before you buy a new one. ♪ ?c+sv >> facebook forcing its way to the top. the social media giant threatening to delete photos that are automatically synced to facebook from users devices unless they download its companion moments app. and joining us the personal tech columnist joanna stern. good to see you. >> good to be here. maria: tell us what it's about. >> if you've posted photos to facebook, publicly your friend or album. those are not deleted. this was a small setting that many people did use that allowed you to sync photos from your phone to private folders on facebook. people who might have been using facebook as a backup place to keep photos. i actually had never seen this setting. never really used it, but facebook is saying today. starting july 7th, they will be deleted you want you to use the facebook moments app,the celebrate app and the separate messenger app. they want you to use this app to sort of relive your favorite photos and share with your friends, keep them backed up. maria: and they want to get paid for holding your photos. >> they want you to live in facebook. and do you want to share that. and it's a copy of a check that i was depositing. no, i don't want share with friends. so do you want to share that photo? it's a way to get you to share more on facebook. >> is this their plan, trying fob a news service and seen research coming out and saying that facebook is the primary source where p their news, which is, one, scary and two, when you look at what they're doing with messenger, making you go into that app and trying to do that so a new app to open with your photos? >> yes, i think that facebook is trying to become a platform. in many ways it is. most people, using facebook with their computers, and they're using facebook messenger to communicate with friends and using whatsapp? >> why do i need to download the different apps, it's all free. having different apps to do the same thing. >> facebook would say they like to offer a different experience in the different apps. i think with messenger there was some strategy in putting it into a different app. lots more services in there now so messenger is sort of lining its own service, get the uber there, pay friends through there. get other apps in there, right, apple is trying to fight back what facebook message ser doing, trying to make the messenger in ios better. facebook is trying to get you to use facebook more. >> you've got an article in the journal today recommending that people not buy an iphone right away. tell us about that. why? and what's the best time to buy an iphone if we shouldn't now. >> it's a popular article, happy to see people heeding some of my advice. i say every year when june comes around no more buying an iphone, you've got to wait until september. two reasons. the next iphone is going to be better than the previous iphone, probably a better camera, faster, in this case, maybe more water resistent and talk about the head phone port in one second. and my second point is if you want the current iphone that price will drop in september. makes more sense. wait a month, two months, 100 less or you could get the model before that. dagen: is this the model coming up, they're going to change the port and trying to make it thinner, right, and change the head phone jack so everybody will need new head phones. >> yes, a lot of reporting and-- >> too many head phones and now they're going to be a waste. >> the wall street journal reported the next phone is going to be slimmer and it's going to be perhaps more water resistent and removal of the port will help with that. might be another reason they're removing the port. maria: they want you to spend more money on a different pair of head phones. >> it's my belief. maria: that's more like it. >> my leff they'll include a pair in the box and they'll use the charging port. there will be two options, plug it into the charging port or use wireless head phones. and i didn't use this phone for the last week, but sealed up the port to see if i could live with it, what would happen. yes, there are going to be many issues, but for me i actually used a pair of bluetooth head phones, but if they have head phones they love and go on a plane and plug those in. >>. maria: and the chargers, you have to buy new chargers a couple of phones ago. >> i'm not going to say-- people are going to be mad. maria: we'll be watching your column, joanna. final thoughts from our all-star panel after this break. 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