It is a very big day. Hillary clinton in trouble. Apple has an apple pay problem. Pop goes the weasel. Wait for it. We will explain. Varney and company is about to begin. Stuart what was that heard up to . Chet the big board. Well above 18,000. Normally we would try to come up for a reason for a selloff like this. We are down 13,618,000. Ive got the news out of mcdonalds this morning. It will phase out human antibiotics from its chicken suppliers. Mcdonalds at 99. Look at smith wesson. Higher profits. Better sales. Update goes. 10 . Look at the price of oil. It has been flat for some time now. The gas keeps on climbing. Up another penny overnight. Spiking 0. 34 just in the last month. Lets get to it. The fallout from benjamin netanyahu. A stern warning about iran getting a nuclear weapon. Mitch mcconnell wants congress to patch judgment on any deal. Congressmen, welcome to the program. Mitch mcconnell will introduce a bill maybe next week that says mr. President , you have to route any deal through us. Obviously you support that. I think that it is the right move. We will see. Lets hope so. I thought the Prime Minister gave an amazing speech yesterday. A compelling speech yesterday. The action was totally inappropriate. Our best ally in the speech he is making on such an important issue. I thought it was a great speech. Completely completely inappropriate. Can i get back to mitch oconnells proposal. Mr. President , any deal with iran has to be brand by us. I am sure that will pass congress. I am equally sure that the president will veto it. Will you be shut out . I do not think so. Not the right way to go. Lets have more debate. More discussion. It seems like something the American People would take place. No deal is better than a bad deal. Lets hold iran accountable. I have to press this. Is it possible that president albano will push through a deal that allows the iranians to push through a deal . Is that possible . Lets hope not. And unconstitutional action. Doing things that i do not think square with the principles of this country. That is why we need to engage. I am pushing hard here. I cannot imagine that you could get away with a sink out the will of the people. Sign a deal. I cannot will leave that the president would shut you out like that. He should not. Weve we should make sure that he does not. We should weigh in on this issue. That is how it worked. Weighing in on these important issues. These important debates. They found lois lerners email. What is next . He confirmed that tapes no longer existed. He said that to us in june of this last year. We have now found a leather and thousand tapes containing hundreds of ms. Lerners emails. We have to get ahold of these emails and find out what she said. What she was doing. We are waiting for the Inspector General to turn that over to us. That should happen soon. They told us, there is potentially criminal act two that he. Okay. Very much at the center of the action. Thank you very much, indeed. Colonel ralph peters. Never afraid to speak his mind. Here is my question for him. 1115 eastern this program. Lets get to that antibiotics story from mcdonalds. They are phasing out human antibiotics from their chicken supply line. Barry is with us. Mcdonalds does not always do the right thing. Remember in the 90s they went from the big premium burgers. Guess what, somebody wants to buy that at mcdonalds. I wish them the best of luck. I hope that this helps them. That is really not a recent why people go to mcdonalds. A reduced effectiveness. Why . I hope mcdonalds is making this decision based on science. They will not cut this out entirely. What mcdonalds is good that is burgers, fries and shakes. If they try to go for the healthy set, i just do not think it will work. Stuart look at the price of apple stock please. Several stories out today involving apple. Good to see you. Apple is now outselling its rival probally. 75 million devices at the end of last year. The difference different highlights the success of apples bigger iphone six which also comes with apple pay. It is dominating the market. More banks are eager to join. It could be a reason for increased fraud. Fraud may be accounted for 6 of apple pay transactions. Much more than when using a generic plastic card. And then there is this. A new security flaw and apple and google devices. It is called freak attack. It has actually been around since the 1990s when the government provided u. S. Software makers to weaker their encryption. Hackers were able to get in. Apple and google are both working on fixes. One third of encrypted websites could be at risk. Did we quote apple stock . Do we get that again . It is flat. How about that. The stock gained 42 more dollars. 42 brunn up is quite a big runup. All right. Thank you. Colonel ralph peters does not hold back. He delivers. He is with us again today. He is talking about the speech. While president obama i know he will give us a straight answer. However, first please, take a look at this. A crash landing in nepal. The front landing gear just collapsed. No passengers injured. Just look at that. Panicked evacuation. Opportunities arent always obvious. Sometimes they just drop in. Cme group can help you navigate risks and capture opportunities. We enable you to reach Global Markets and drive forward with broader possibilities. Cme group how the world advances. The real question that needs to be asked is what is it that we can do that is impactful . What the cloud enables is computing to empower cancer researchers. It used to take two weeks to sequence and analyze a genome; with the microsoft cloud we can analyze 100 per day. Whatever i can do to help compute a cure for cancer, thats what id like to do. Hi, tom. Hey, hows the College Visit . You remembered. Its good. Does it make the short list . You remembered that too. Yea, im afraid so. Knowing our clients personally is what we do. Its okay. This is what weve been planning for. Thanks, bye. And with over 13,000 Financial Advisors we do it a lot. Its why edward jones is the big company that doesnt act that way. Stuart breaking now. This is important. Justice kennedy. Maybe a swing voter. Based on a plain reading of the subsidies flaw. Okay. That would strike down. That is what kennedy said. You do that reading and out go the subsidies. Subsidies to the states. That would really cut obamacare. Immediately. It is a Big Development from kennedy. Rich edson is in the chamber. Check that big board. We are still down triple digits. 18,076. I cannot give you a single reason for why it is down triple digits. Abercrombie and fitch its profits down one third. It is blaming low demand. The stock is at a new low. Down 14 . Time is money. Bottled water at our airports. One company that is being blocked because it is trying to offer water at 2. 25 a liter. I am with these guys. Netflix and house of cards. Why do we binge watch . Is it an addiction . It is just awesome. Stuart brats in new york city. Guess who will cover that story for us. Charlie gasparino. All right. Lets get serious. Colonel ralph. I want to get right at it. Do you think president obama will sacrifice israel . I think that he would hand israel over. Consider it a Good Days Work well done. I believe that obama has already passively accepted that iran will acquire Nuclear Weapons. What they are trying to do is kick the can down the road. A decent or indecent interval at the end of their watch. That is coming. This is a president who just does not like israel. As we have discussed he is a red diaper baby. Certainly it is an article of faith that israel is an imperialist aggressor. Those fighting israel are freedom fighters. The United States is inevitably guilty of something everywhere. Stuart i will not say that that is an extreme point of view, but that is a very harsh point of view. You said it right out loud. He will sacrifice israel. That is a remarkable thing to say. No, it is not. It is not remarkable. I am just not going to play that game. I believe in my heart and soul in my black little heart that israel disappears from the face of the earth tomorrow, obama would not shed a single tear. He regards israel as an obstacle not an ally. Netanyahu came to america and told the truth. To what have we come . The American People have to hear the truth from the Prime Minister of israel. Stuart ralph is it a done deal . I hate to put it in these terms but is president obama going to get away with this . It is not set in stone. It is set in hardening cement at this point. The iranians are too clever for their own good. Making even more demands that even obama cannot cave into. It has gone on so far now. It may inspire and require a military solution. We need pinpoint strikes and nuclear targets. It will not be like that. You stop. You will get big and ugly and messy. Israel cannot do it by themselves. They could start a war they cannot finish it. President obama wants a legacy. Iran wants Nuclear Weapons and an empire. The legacy will be an iranian empire with Nuclear Weapons. Stuart that speech yesterday in congress could not have been delivered in any other parliament anywhere in the world ever. I was sitting on this set next to him was the son of holocaust survivors. He was in tears because it was america. American people standing up and cheering for the leader of israel. I thought that was a major positive. Absolutely. One of the major benefits was he delivered it so well. The democrats in the chamber had to stand up and applaud. It will be very hard to support a bad deal. Obama likes things like executive action. Stuart we are in a mess. We have a president who is obsessed with himself. This is the most politically president unimaginable. We live in very, very dangerous times. After the leader spoke he had president obama just go into a hissy fit snit. Compare the two men. My god where is our netanyahu . Stuart we will leave it at that. Thank you. President obama wants to take away your guns. Do it all on his own. In new york state, were reinventing how we do business so businesses can reinvent the world. From pharmaceuticals to 3d prototyping, biotech to clean energy. Whether your business is moving, expanding or just getting started. Only new york offers you zero taxes for 10 years with startup ny business incubators that Partner Companies with universities, and Venture Capital funding for high growth industries. See how new york can grow your business and create jobs. Visit ny. Gov business at ally bank no branches equals great rates. Its a fact. Kind of like shopping hungry equals overshopping. Stuart microsoft cofounder says he has found the wreck a longlost battleship from world war ii. The search has taken his team of researchers more than eight years to get it, but there it is. The latest example of president obama using executive action. Here is the quote. Interested in using infected if action to raise taxes. He is trying to ban certain bullets. Raising taxes or tax revenue by an executive order. Interested in tax reform or tax revenue. You do a tax deal with congress. It would generate more revenue for his fast spending ambitions. Stuart i saw a democratic spokesperson on our air yesterday. It is absurd. This is the most antibusiness, antigross business we have seen in our history. They have vast ambitions to nationalize vast portions of the economy. That is what president obama wants. Fascinating to see what history makes of this guy. 40 years ago i thought i left a monarchy. Joining us next hour. Talking about this proposed toll it can buy as a kid if order. Around 12 15 p. M. On this program today. Senator Mitch Mcconnell wants congress to have approval of any deal with iran. What do you think the judge has to say about that . It may surprise you. The judges next. Let iran get Nuclear Weapons. That would be to win the battle, but lose the war. We cannot let that happen. [ male announcer ] youre smart about protecting your identity. But you cant control everything. It seems like every day theres another data breach, like this one in the news right now. According to a recent study, one in three consumers who received databreach notifications became victims of identity theft. So be ready in case your personal information gets compromised with identitytheft protection from lifelock, a leader in identitytheft protection. Lifelock actively patrols your sensitive personal information helping to guard your Social Security number, your bank accounts, and credit even the equity in your home. 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Or go to lifelock. Com ready. Thats lifelock. Com ready. Try lifelock riskfree for 60 days and get this document shredder free, a 29 value when you use promo code ready. Call now. Will digit loss down 150 points 18,089. I am laughing, take a look at this. Bob evans getting hit after reporting weak profits, cut its outlook. Investors do not like that down 22 . We have Senate Majority leader mitchell and connell, has a bill ready for a vote next week, which would make any deal with iran subject to congressional approval. There will be a vote. Judge Andrew Napolitano is here. Surely you dont have any problem with Congress Taking a look at any deal we make with the crazy mullahs. It is not to have a problem but does the constitution have a problem. I dont have a problem with congress, congress cannot interfere with the deal because the Supreme Court has ruled with respect to Foreign Affairs the president is the sole creator of for an hour with the exception of declaring war and spending money. However if the president was going to sign a treaty with the iranians the as a two thirds majority. Judge napolitano the president can sign i know this wont rest will with un doesnt rest well with me either. I dont trust the president s judgment for a variety of reasons. The president can sign any executive agreement he wants with his equivalence another country and that remains in place until it is rescinded by him or a subsequent president. If he enters into of john kerry negotiate an agreement that Mitch Mcconnell and the republicans condemned and the president accepts and they reduce it to writing it signed by president obama or john kerry and whether the head of state for foreign minister is in iran it governs the relationship of the countries and does not require expenditure of money that is not already budgeted congress cannot interfere with the. Stuart congress can vote it up or down. Judge napolitano a more basic example, the president decided to reestablish relations with cuba does that on his own. Once he builds a huge embassy with money he needs the money. Stuart how about sanctions on iran . That requires congressional approval. Judge napolitano congress has given the president vast leeway. Not this president but his predecessors to impose a level of sanctions on his own in order to take that back there would be legislation he would veto. Stuart can he lift the sanctions that are in place . In 5 deal with the iranians i will lift sanctions. Judge napolitano he can lift sanctions because the statutes authorize him to do. The statutes were not written and the presidency of the barack obama. There a series of statutes that go back to the reagan era but each Year Congress modify dispatches and each time they did they give more authority and discretion to the president. Stuart i really did. Let me sum this up. Is possible for our president to make an agreement with the iranian leaders which allows them to get nuclear bomb in ten years time or whenever. It allows them. There is nothing we can do about it. Judge napolitano congress could enact legislation withdrawing his authority but that would require override a congressional president ial veto. When Vladimir Putin stuart change in this constitution. Life and death issue. Judge napolitano there is something to be said for the wisdom of the framers that the country should speak with one voice with respect to Foreign Affairs. When vladimir coo putin dennis when Vladimir Putin got too aggressive the president issued sanctions against the russian bankers on his own. He could lift them on his own so the sanctions he imposed on the iranian mullahs he can lift. Stuart constitutional reform blues will you join me . Judge napolitano i will not. Can i get to hillary for second . Judge napolitano i will be there with you. Stuart she appeared on in the earlys list, she avoided the question about her emails but she managed to say this. Is only fair to say dont use them they want to see a woman president of the United States of america . Stuart mary kissel. Got to love hillary. I would love to see a woman president but i want to see a competent female president there are questions about hillarys competence. Look how she ran the 2008 cannes and the and her record as secretary of state and what she has done with the Clinton Foundation with a took money from foreign governments when she was secretary of state and look what she is done with her email. S