two, he tackles the debt by buying back treasury bonds if and when their price goes down. three, he wouldn't touch scattered showers, but he would go after waste, fraud and abuse. trump and the republican party. how far apart are they? a stunning revelation from the president's top foreign policy spin doctor, ben rhodes, he deliberately misled on the iran deal. that it's run by moderates. and the if you have to use the bathroom of your gender birth, it's a civil rights violation and you lose billions. north carolina responds later today. tale of two stocks, apple doldrums and mcdonald hits new highs. who would have thought. who would have thought this video would promote intense discussion. we will bring you that baby's mom. she will give us the full story, "varney & company," yeah, we're about to begin. ♪ all right. monday morning, we'll start this morning just a tad higher. it looks to me like it's pretty flat. 17-7 and that's where we'll open from and we're 5, 600 points from the record close and that's somewhere in the distance, perhaps. 600 points away. look at oil. we've got two stories there, saudi arabia, the oil minister out and the new guy is probably not going to cut production or freeze production so that keeps a lot of oil on the market and of course, there's still a glut. canada's wildfire, that's taking oil off the market. all right, ashley, let's get some developments here. start with canada, the latest. ashley: well, the good news is cooler weather, rain yesterday, cooler temperatures today, they can start to get a handle on it, 400,000 acres burned, but the other good news, it didn't get close enough to affect the major oilsands facilities. they were closed or partially shut down in anticipation of the fire, but the fire never reached those oilsands operations which is good news because once they get a handle on this, they can start ramping up production dagain. stuart: if you couple that with saudi arabia, they're not going to cut-- >> no, he's taking over as oil minister and all of these are controlled by-- >> the gentleman. ashley: his son. ashley: they don't want iran to get more market share. the new oil minister is essential will i a puppet. s' not-- he's not going to operate independent. and they're trying to diversify away from oil only. stuart: prices are down in part because of two developments. ashley: yes. stuart: politics, bread and butter. over the weekend, donald trump confused a lot of people. you know, it sounded like he wanted to raise taxes on the wealthy, listen to this. >> when i'm negotiating with the government, i'm putting in my plan, it's negotiated, they're not going to say let's see what we can do. it will be a negotiation, i will try and keep everything. stuart: all right, on nbc, he implied the negotiations he was talking about there would in fact raise taxes on the wealthy, that's what he implied. now, here is what he said on maria's show. >> i'm not talking about a tax increase, i'm talking about a tremendous tax decrease, it was misreported by nbc. i said of the low proposal. yeah, i may have to raise it a little bit because this is a negotiation, i may have to raise it, i'm really going to fight hard for the middle class, i'm not raising it and not raising it on business, but i could see the wealthy-- i'm not talking a raise from where they are now, i'm talking about a raise from my low proposal. stuart: that clarifies it. less of a tax cut, raise the minimum wage if that's what states want. no social security reform and buy back the debt if its price goes down. have you got that? robert jeffries is here, a trump supporter. it seems to me that trump is moving to the left. i don't want to say the left, but more towards the center maybe to accommodate the republican party. what do you think? >> it's called the art of the deal. it's negotiation and it's fine up to a point. look, if republicans have wanted a strict idea log, they would have chosen ted cruz. they want someone who gets things done. the trick for trump going forward to figure out what's negotiable and nonnegotiable. trump is a smart guy, he'll figure it out. stuart: he better fot back away too far from tax curts to get growth -- cuts to get growth. where does that leave republicans? >> he was clearing, talking about increasing from his original proposal, not from current levels right now. and look, stuart, there's a number everybody needs to remember, the number is 12 million. that's how many votes he will have received by the time the primaries are over next month, more than any other candidate in republican history. i think it's laughable that paul ryan is withholding support thinking he's going to make trump fall in line with him. trump is the head of the republican party, not paul ryan. stuart: what about no scattered showers reform? that's an entitlement program that's breaking the bank and wage the minimum wage. if that's what the states want, raising minimum wage. he's backtracking on so many principles being in the republican party. >> i think he's saying he's open to negotiation and look, you cannot deny, stuart, that he has won an overwhelming victory. people know what his position is. they like his position and again, i think he will fall in the right position by the time all of this is over. he's just saying i'm opening to negotiating. people are tired of the gridlock, stuart, they want something done. stuart: i think they want clarity and maria got some earlier on this network. i've got to run. i'm going to stay on trump for a moment ands trying to explain his position on women and going on the attack and painting the clintons, both of them, as very bad for women, listen to this. >> she was an unbelievably, nasty, mean enabler and what she did to a lot of those women is disgraceful. nobody in this country and maybe in the history of the country politically, was worse than bill clinton with women. have you ever read what hillary clinton did to the women that bill clinton had affairs with? and they're going after me with women? give me a break, folks. stuart: okay. kirsten is with us now. he goes on the attack with the women's issue, if you put it like that, he attacks his opponent a female on the women's issue. is it going to work? >> it's a great charm offensive. stuart: does it work? >> no, i think, no. the majority of republican women do not like donald trump although there are some that do. this is going to be a major problem for him in the general election and even though i do tend to agree with what he's saying in principle about the fact that hillary did not stand up for many so of the women that bill clinton didn't treat well at all. consider the source, donald trump bragged about his affairs and bragged about multiple divorces, he's talked about their body parts, their appearances in revolting ways. you can't take those statements back and that's going to resonate in the mind of women and i think we all love to see hillary be a little more transparent about those struggles, but ultimately, donald trump this is not the way to go. ashley: i don't think it's going to win female votes based on that rhetoric, no. stuart: he's got a point. ashley: and i agree with him with his characterization of hillary clinton, but i don't think based on what he said before it's going to have impact on gaining more voters. stuart: last word. >> and millennial women, he needs to bring them in. that's me. a lot of us weren't necessarily around and thinking and walking when the president clinton thing and monica lewinsky, i'm a student of history. >> i think that donald trump will refresh your memory. >> i don't want to hear about it. stuart: two names going in the opposite direction. i hate charts, but-- >> mcdonald's going to a straight all-time high. the other one is apple bumbling along at 30% that's a two-year low. ashley: more people buying all day breakfast than an iphone. that's what it says, it's down 12% in 2016. last week fell as low as 11. ashley: june 2014 was the last time it's this low. it was once considered the darling. the sales are slowing, first time since 2003. on the other hand, mcdonald's 16 record highs, i guarantee-- >> do you think we would have been saying this a year ago? >> no, no, mcdonald's the best performing stock on the dow every the last 12 ponts. stuart: all day breakfast. >> i know. stuart: garlic fries. another one. we are going to end the block on a positive note. a ticket sold in the 429 million dollar lottery. where is the winning ticket? >> in trenton, new jersey. they took the cash option so they'll get $284 million before taxes. stuart: take a big deep breath. 429. ashley: they get 284 and pay tax on that because that's the cash option. stuart: no, isn't that after taxes. ashley: no, i don't think so. i think there's more taxes on top of that. because i thought that, too. stuart: i will look into it. ashley: i cannot believe that you get a payment saying-- are' saying that's after tax, right? 284? i think it's an option you take because you want it all in one go as opposed to yearly taxes. stuart: the worst i think you do take it spread over 20 years and then you die because then the irs says, the tax is due and payable now, on everything. ashley: oh. stuart: which you've got yet received. you're bankrupt. all right. moving on, look at this, we're showing you some extraordinary video right now of a massive tornado, this is in colorado. it was shot by our own fox news meteorologist maria molina. she and her husband right in the middle of a storm when this twister came through. and it's gone through much of that section of the company. our own maria molina out of the front seat of a car that was shot. how about that? and then we have this, president obama's senior spin doctor admitting that he misled the american public about the iran deal. ralph peters, very upset. ♪ i built my business with passion. but i keep it growing by making every dollar count. that's why i have the spark cash card from capital one. i earn unlimited 2% cash back on everything i buy for my studio. ♪ and that unlimited 2% cash back from spark means thousands of dollars each year going back into my business... that's huge for my bottom line. what's in your wallet? >> senior foreign policy spin doctor admits he misled reporters on the iran nuke negotiations. here is the key quote from the new york times. the average reporter we talked to is 27 and their only reporting experience is being around campaigns. it's a sea change, they literally know nothing. he's saying this, there was no shortage of good reporting and analysis, a review of that press from that period will find plenty of tough journal and scrutiny. but he still misled them. joining us is ralph peters. he said that iran was run by them-- >> national security advisor for strateg strategic. >> as a propagandist, he's been very good, josef stalin could have used this guy. really, if you look at what he said,'s not only insulted the journalists, trashed them. insulted the military, virtually everyone and been rhodes was gleeful, gleeful in this brilliantly done article about now the-- he put one over on the american people through manipulating journalists for this method and they're only negotiating now with the iranians because suddenly there were moderates in place when they'd been negotiating with the heartlineheartline ers -- hard liners, and then benloa benloads-- he says if you don't like this-- >> i'm sorry, am i right in saying ben rhodes is the man the president listened to and the president did not listen to defense settings telling him something else entirely about the iran deal. he listened to ben rhodes and didn't listen to the generals, is that accurate? >> it is in the sense that several people interviewed for the article say there's a mind meld between rhodes and obama. let' not forget valerie jarrett's rhodes. it's rich that he's making fun of inexperienced journalists, and he has no foreign policy experience, never worked for an ngo. didn't study foreign policy. he's just a word smith. stuart: but the iran deal is success? it seems to me to be a disaster and is falling apart. does ben rhodes think it's a success? >> that's all that matters, he sold the product. and when the terrific journalist, david samuels who wrote the piece in the new york times magazine, he raised this with rhodes, what about the 450,000 dead in syria and rhodes goes into this rhetorical speech, what about the death in congo. and then the obama position on everything, we can't do everything therefore we shouldn't do anything. people need to read this because so many people came out of the woodwork to lay it on the line, they're so disgusted with obama and the most telling line about sources about obama, the world has disappointed obama. stuart: oh, okay. well, a fitting end to our discussion, i think, ralph, and we thank you as always for being with us. calm down, okay? calm down, and i will, too. all right, everybody, moving on. new york city, the mayor thereof, bill deblasio, he blames racism for puerto rico's money problems. he says we've turned our back on puerto rico because they are people are color. we'll deal with that in a moment. and later, it's decision day on the bathroom law. judge napolitano will be here. ♪ at ally bank, no branches equals great rates. it's a fact. kind of like grandkids equals free tech support. oh, look at you, so great to see you! none of this works. come on in. you stay up. you listen. you laugh. you worry. you do whatever it takes to take care of your family. and when it's time to plan for your family's future, we're here for you. we're legalzoom, and for over 10 years we've helped families just like yours with wills and living trusts. so when you're ready, start with us. doing the right thing has never been easier. legalzoom. legal help is here. you premium like clockwork. month after month. year after year. then one night, you hydroplane into a ditch. yeah... surprise... your insurance company tells you to pay up again. why pay for insurance if you have to pay even more for using it? if you have liberty mutual deductible fund™, you could pay no deductible at all. sign up to immediately lower your deductible by $100. and keep lowering it $100 annually, until it's gone. then continue to earn that $100 every year. there's no limit to how much you can earn and this savings applies to every vehicle on your policy. call to learn more. switch to liberty mutual and you could save up to $509. call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance. >> new york city's mayor, bill deblasio blaming racism for puerto rico's money problems. in a speech to al sharpton's national action network, he said, quote, the backs of the united states government turned on them. by the way, brothers and sisters, do you think by any chance it could be because they are people of color? it sounds to me like he wants a bailout from the federal government? >> it does. you have to consider the audience he's speaking to, and he used the heightened rhetoric. this is so complicated not only financially, but puerto rico is not a company and apply for the bailout fund. it does a disservice to the puerto rican people and the issues-- . >> i don't think it has anything to do with racism. they spent into a financial disaster. ashley: they could be green or purple, they blew their finances. >> as have people all over the world. stuart: they're 72 billion in debt. they want the american mainland taxpayer to forgive it and bail them out. >> to make it seem like there are congress people and speaker paul ryan that are not working every day to try to figure this issue out is appalling. ashley: it's for deblasio to say this-- >> it stirs things up. stuart: we're going to be down about 20 when the bell rings in four and a half minutes. look at this, a cruise ship offering to buy local vietnamese company on fire as it return to port. passengers from europe and asia forced to jump out of the ship as it's engulfed by a huge fire. officials think it started in the kitchen and quickly spread throughout because the boat has a wooden frame. ashley: oh, no. stuart: watch this video. >> oh, no. stuart: back in a moment. the pursuit of healthier. it begins from the second we're born. because, healthier doesn't happen all by itself. it needs to be earned every day. .. millions of others. as a health services and innovation company optum powers modern healthcare by connecting every part of it. so while the world keeps searching for healthier we're here to make healthier happen. >> you know you are beating cnbc in the morning on the demo. stuart: that's pretty good. >> i know. they must be fired people at cnbc. "varney" is winning here stuart: thank you, bill. myself and bill o'reilly. 9:30 monday morning. the opening bell, trading has just begun. we've got a tiny little gain, up five points. going nowhere monday morning. big-name stocks that are going in different directions. mcdonald's near the all-time high of 130. apple still close to a two-year low at 92. there is a story for you. joining us from ashley webster, listening donald, scott shelby and fitzgerald. do you first. it's an interesting story. as investor, would he make it? apple goes straight down and mcdonald's goes straight up. >> you know, stuart, there's an amazing history for investors. absolutely the right thing at the wrong time. they should be buying the cheap stuff. to me this is the story of apple is on sale. if you're a long-terminvestor is a problem with pricing in either area. stuart: they ran out of the garlic fries in san francisco. that's good for the stock. dream for great for the stock. they ran on a bit for the next few weeks. it got so bad that local media called the stories and people said yes, we are out of garlic fries. here's the thing. at the third over the last 12 months. garlic fries is the right move at the right time. so you know, 250 chains countrywide, probably yes. stuart: i don't want to make too big of a deal, but garlic fries will raise the thought price -- stock price. >> looking golden again. stuart: did they just touch their all-time high would have been the senate down a fraction now. but it was a little bit. big day. monday included. apple and amazon, put them on the screen. where are they. apple virtually unchanged. netflix and 90. a-alpha that come in that it's google, 726 update about. amazon $673 per share. how many months ago when it was at 480, 490? four declaration. 30 years ago i bought 100 shares of stock in my ira back in the day. i felt it ever since, never touched it. i think that's exactly the same price. keep fitzgerald, are you laughing at me in my investing ability? >> no, i'm laughing with you because i've done the same thing with microsoft, and other of your favorite. stuart: not going to get into that. here's another big movement. krispy kreme, the doughnut people will be taken private by jp holdings. the $1.3 billion deal. krispy kreme up 23%. taking it private and various tea and coffee companies under their umbrella. caribou among the names. the contact. at 23% on krispy kreme. try this one. dunkin' donuts, these are names we all know. the krispy kreme getting back up nearly 2%. does anybody like scott or keith want to comment on krispy kreme or dunkin' donuts or anything like that? do you want to get into this? >> funny how you come to me when we start talking about donuts. if there's any correlation there. that's the right thing for krispy kreme. i do remember it was the coveted thing together. all of a sudden you see a pop-up in gas stations and they over did the brand a little bit. it's the right thing to do to go back private again. i think that's going to be good altogether. that's the right to do. dream two years ago be assumed by krispy kreme people onto the show because they always came up about five dozen doughnuts. we used to love that. another big name, you know it. come and the chicken people have raised their profit outlook when it got down to the stock? >> stock is up 5% today to an all-time new record high. the album is better than expected for profit. they came in great on the conference call and said the optimism of driving the fresh apartment the second half of the year and they are doing a deal with amazon fresh with each meae year. obviously fresh meat. stuart: here we are in a monday morning. krispy kreme donuts doing well. dunkin' donuts doing well. make donald garlic fries doing well. >> i'm getting hungry. stuart: no wonder we will go to scott shellady for the food. hold on. i'm going to talk to you about something you really know about it and that's oil. saudi arabia kicked out the old oil minister more than the new guy. apparently that means that they're not going to cut production or even freeze production. secondly, canada's wildfire is backing off a little because the rain and not much oil is being taken off the market. i guess that is why it's down this morning. >> yeah. you have to let rec a few days ago we did have the forefront right and center of our mind. we really couldn't get oil going even with that. that just tells you there's such an overhang is hard to get through that. we really need to demand side of the equation to pick up the supply there. doesn't look like it's picking up anytime soon because anyway look at the numbers, especially the jobs will all be on fire for some time. stuart: doldrums for oil. what do you make of the saudi arabia is going to sell 5% of ramco. you will be the biggest ipo in world history. what do you make of that? >> you know, it's a little bit troubling to me. they get a lot of money every year because the oil they've been sitting on. they have to keep those people happy. as the rates go lower if the massive deflationary thing for the rest of the world hurting us as well. they've also had to flip some bonds to keep the payments going. that doesn't give me a good sign. liz: word on the street this will not be a dividend stock. the government of saudi arabia wants all the money for health for the welfare state. stuart: just a small piece of all those oil reserves. transfer the government owes the reserves. ashley: daresay london could get a bulk of it. this is becoming the new mayor of london. stuart: wait a minute. you're kidding me. ashley: swing between hong kong, once in a new york. liz: i'm not worried about the 9/11 law. ashley: the mayor of london got massive coverage in saudi arabia. there is speculation that london may pick up more than new york and hong kong because of it. liz: also because new york is worried about 9/11 wall street stuff. that's a saudi arabia does not want. stuart: begun to get more on this. that is fascinating. check out twitter please. shut using its data. i guess this is the cia. u.s. law in force in -- enforcement. a private company called data mining. twitter has a stake in that company. after comfortable as the relationship because it is helping. twitter says i don't like this. we don't like this. this is not sitting well with that and it's cut off the information. to what do you make of twitter? it's been sitting around 14, 15 bucks a share forever. nobody wants to buy it. what are you going to do with it? >> i don't dig you can do much with it. privacy is the wrong stand to make you get the data through court order anyway. it's foolish to put national security above that there may help create the problems. stuart: captain america, a lot of money. liz: 860 million worldwide. the story for disney, they just broke the 1.2 billion mark. they do that in just four months time. that is a big deal. utopia, jungle book and captain america. stuart: is to think the audience for that would be a girl bullies. apparently i'm wrong. it's a family show. people of all ages. liz: you could take her grandkids. stuart: i could. politics. and they tell you what donald trump said to maria this morning on this network. must have a tax cut for wealthy people. they will cut down on fraud, waste and abuse. below the diabetic treasury debt if the price of the bonds goes down. and yes, you can have a minimum wage in crease in the states agree to it. what is that sound like to you? >> it sounds like he is coming to the big white table and beginning to realize his hated issues. i personally don't have a problem with that. if i have to pay taxes that had a good year. what is important is beginning to realize their own hands and skin in the game. >> discounted government that is really shaky. interest rates spike. >> up interest rates go up, the price goes down and trump would say buy at the low price. liz: is also talking about discounts. stuart: what he wants he didn't talk about with maria. a different scenario. liz: on twitter that's not good either. stuart: no, it's not. he sat in on our air. he's got to sum it up. i swear to you. >> you know what, the problem is that what you just talked about, winning to put our people back to work. over the weekend we came up with a workforce environment here in the here in the state and that really comes out of a movie cool hand luke. what we have here is a failure to participate. stuart: okay, i've got you. i saw that movie in darwin, australia. a walking movie. cool hand luke. it was a long time ago. thank you, everybody. 11 minutes into the session, up 14 points. there you have it. we are off and running. the san andreas fault is locked and loaded for a big earthquake. north california. we are talking to that later in this program. up next, the feds have not reached that talk to her about the e-mail scandal. what does napolitano the judge have to say about that? ♪ when a moment turns romantic why pause to take a pill? or stop to find a bathroom? cialis for daily use is approved to treat both erectile dysfunction and the urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, or adempas for pulmonary hypertension, as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or any symptoms of an allergic reaction, stop taking cialis and get medical help right away. ask your doctor about cialis and a $200 savings card. stuart: gaining a little more ground. not much belittled. we will take all we can get on a monday morning as we start the day up 38 points right now. twitter and square. those two companies founded by ayn rand by jack dorsey. both of them have been way, way down recently which means there is a loss of money. >> no longer a billionaire of paper. she twitter is down two thirds go. stuart: i just want to know what they're going to do with twitter. i don't ought this point what they're going to do. the latest headline in the hillary clinton e-mail scandal. chu says the fbi has not reached out to talk to her yet. roll tape spears >> no one has reached out to me yet, but last summer, last august and made it clear that i'm more than ready to talk to anybody any time and i've encouraged all of my assistants to be very forthcoming and i don't think this is close to being wrapped to. >> nobody said hillary clinton would like to sit down and talk to you. >> not at this point. stuart: not at this point. judge napolitano is here. >> i'm shaking my head because she is being misleading again. as the fbi reached out to her directly? absolutely, positively not. the fbi breakout kinds of regulation. as the fbi reached out to her lawyer? of course it has been this is the most crucial part of the representation of a white-collar criminal defendant. it's called pre-indictment advocacy where your employer engages with the just this department and engages at the fbi to persuade them that your client is not the crooks they think your client is. and he knows exactly when they want to speak to her and is within the next two weeks and she knows that. when you interview her, mr. varney and ask ready heard from the fbi just as now i want you to follow up by saying that your lawyer has. stuart: imac, the vast law in her bathroom according to the heard that you had when you were born. then to the men served from the women to the women serve the justice department says that's a breach of your civil rights. seems to me a conflict of rights, the right of is not to be offended by having to make that difficult choice and the right of everybody else not to have to change the way they do their business after about 5000 years. >> as far as i know in all of my legal studies the past 35 years, there is no right not to be offended. what a crazy world this would be. this is becoming a very complex situation and there are strong arguments on both sides. it began in north carolina when the city of charlotte basically dictated to private property owners, restaurants and institutions like that. private property owners, what kind of bathroom facilities they have to make available. then the north carolina legislature for whatever reason enacted the legislation. the stated purpose is to invalidate the charlotte legislation so private property owners could make their own choices. been to a kind of bathroom facilities they want to make available. then the federal government jumped in and said this violate the principles of the civil rights act. it doesn't actually violate for reasons of compromise and accommodation the civil rights act does not protect the federal civil rights that is not protect actual lorry and tatian gori. it does protect other things like gender, age, race et cetera. the justice department which has threatened the state of north carolina will have to file a lawsuit and will have to prove that there are federal statutes being violated by a state law that says to private property owners you decide how you want to manage your own property. >> i can't believe we are discussing bathroom issues. >> and fortunately we are. i see no evidence of a transgendered person goes into a bathroom they have harmed someone else of a different gender who's coming out of that bathroom. i think this is way blown out of proportion on both sides. stuart: thank you, judge. i trust you will be back at the 11:00 hour. a quick stop check, look at the tamils. watch it go. hitting another lifetime high. $131 per share. investors show garlic fries. check this out. the video a lot of people talk about. the swimming babies start debate over the weekend. we have another on the show. find out why she did it and why she posted the video. 11:45 eastern this morning. targus bathroom might now to change it. how about that? after thebreak. ♪ there's a lot of places you never want to see "$7.95." [ beep ] but you'll be glad to see it here. fidelity -- where smarter investors will always be. if only the signs were as obvious when you trade. fidelity's active trader pro can help you find smarter entry and exit points and can help protect your potential profits. fidelity -- where smarter investors will always be. not too bad. but bad enough to need an appraisal. how hard could it be for one little accident? except one little accident is now one massive headache. finding time for an appraisal? you usually can't find time for lunch. your husband asks if you can take care of it. you say, "not a chance. can you?" crickets. with the liberty mutual express estimate™ app, you'll get a repair estimate in one business day or sooner, without leaving home or work. call liberty mutual is available 24/7 so you never have to wait to file an accident claim. switch to liberty mutual and you could save up to $509. call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance. stuart: how about this. target stock down 7% just since mid-april. that is among the company announced its transgender bathroom and changing the policy. down 7%. i think you believe that target is about to cave and back away from this policy. >> something is afoot. in minnesota. yes, i do. so says tom made that target has reached out to the association behind the boycott. 1.2 million people fled is sufficient. as a matter fact the largest boycott they've ever done in his greek of the association. anyway, we understand there's a plan at target headquarters to get as much in the association. also my understanding that will be hand delivering petitions to target is stuart: forget the intimacy and privacy of the issue. think of this in terms of the lawsuit. at the bathroom policy goes forward, men will be allowed to enter a women's restroom should. who's going to take the lawsuit? >> that dirty starting to happen here is last is a little girl inside a target dressing room. america ought to get away but the local television station posted photographs of guy. they were able to capture him on surveillance video. this came a day after the attorney after the attorney general sent target letter saying we need to know what tech women in those bathrooms and stories here in texas. there seems there is issues going on here. i'm not quite sure that's a pretty good indication of how the boycott is going. the fact of the matter is people are saying i think i might go to wal-mart instead of target because of the bathroom situation. stuart: and wonder how many people would shift the store because of this law. just wait until you get some kind of happening. somebody gets assaulted in a target bathroom and everything has changed. >> absolutely. i suspect that's what's going to happen. we'll see how the meeting does between target in the american family association president obama delivering the commencement address at howard university this weekend. he said successful people recognize they are also lucky. how about that. they're all just lucky. next hour on that dori. long lines outside new york city elected the new restaurant where the mayors that should not eat that. wait until you hear what your crews have to say. either way, that is a line out the door. back in a moment. i'm definitely able to see savings through using the car buying on usaa. i mean, amazing savings. i was like, wow. if i can save this much, then i could actually maybe upgrade a little bit. (announcer) save on your next car with usaa car buying service, powered by truecar. ... >> 10:00 here in new york on the east coast and 7:00 in california. if you're waking up in the golden state, you're looking at dramatic new numbers how many people are leaving, ready to leave the bay area, how about the golden gate bridge. you'll being shocked at this number. long lines outside of a chick-fil-a, but they're not listening to the mayor to boycott the chick-fil-a. the line is out the door. west virginia tomorrow, a lot of support for donald trump. we're talking that state's coal industry, endorsing donald trump. and president obama gives the commencement at howard university and says successful people got to where they are with luck. it doesn't matter, brains, talent, drive and ability, you've got to be lucky, that's what it's all about. check the big boards, we're a half hour into the session and we are, by the way, 5 had,points away from the all-time record high for the dow industrials. not going to get there today. we're up 21. individual stocks, oh, please, mcdonald's, will you look at that, garlic fries sell out in san francisco. 1231.39. the new high. the apple share, that stock price is still near a two year low. it improved to 93 and change opposed to 9 it and change. and receiving raw data, the ceo can no longer get the raw feed of all-- >> which they have up to this point. a company called data miner, a private company that twitter has a 5% stake in, until now they've cooperated, yes, you can have access to history of tweets and messages and now twitter says they're uncomfortable with that relationship and cutting off that data source to police. stuart: that's a big deal in the whole privacy going on. >> growing tensions. stuart: a winner with captain america, that helping the stock to move up liz: despite the withering reviews, that the dialog is silly, 860 million worldwide. disney has the big franchise brands that every studio would love to have. they have already cleared more than a billion bucks in just about four month's time and that's record receipts along with "zootopia." stuart: grab the brand and run with it. ashley: they do it well, come on. stuart: the wildfire in canada's oil country continues although it's retreating a little. and that's the rain. about 600 square miles is either burning or has been burnt and 100,000 people have been evacuated. now, ashley, what does this mean for the supply of oil. it's not been interrupted, i don't think. >> no, well, it hasn't. they say about 600,000 barrels of oil, could be closer to a million much the good news is that none of the oil sand mining operations have been affected by the fire. they shut them down or produced reduction and the weather has turned cooler and expect that today. that's helping to, as they say yet a death grip around this fire. it's continuing to burn, but maybe the impact is not as great. >> and that's why the price is going down. >> politics, please, some clarity by donald trump on his tax plan. we got this from maria bartiromo's show on the fox business network earlier today when donald trump was the guest. in brief, let me boil this down. trump wants to cut taxes, but the cuts might be a little less than he originally proposed. he's got to negotiate with the democrats and republicans. we get a tax cut, a little less we thought. and tackle the debt, buying treasury bonds only if the price goes down of the he says he's going to keep his hands off social security, he'll just go after waste, fraud and abuse. joining us for more on this is the former chair of the nevada republican party. all right. you are, i believe, now prepared to support donald trump. is that accurate, amy? >> yes, i am. i'm actually in favor of president trump. stuart: do you like what i should said about what trump said earlier is morning, a tax cut, but not as big of a tax cut. don't touch social security. maybe raise the minimum page if states want that. you approve of all of this. a trump may be moving to the center just a little bit to try to get back in with the republican party? >> well, you know, we all know he's the great negotiator, when you're going to compromise, you start with everything possible on the table because you know you're not going to get it all. of course, we need to leave the middle class alone. so i agree with his statement on tablgss. -- taxes and with the minimum wage and leaving it up to the states, that's a 10th amendment issue and agree with him. social secury is something that people have been paying into for years and we should leave them alone. however, this was started in 1930's and the life expectancy was 58, 59, it's now 78. we should raise the age. stuart: you don't sound enthusiastic about trump, but i guess you're prepared to go with him bearing in mind what you just said, right? >> yes, absolutely. for those republicans who are out there trash talking mr. trump, shame on them. you know, i believe they're being hypocritical. if they want to say something negative about mr. trump maybe they should stay home and quit giving interviews, all they're doing is hurting our party. my own child who is six, if you can't say something nice, don't say anything at all. stuart: nicely put. jeb bush and lindsey graham saying they're not going to back donald trump. however, they did both sign the g.o.p. loyalty pledge way back in the early parts of the debates. what does that mean? two people who signed the loyalty pledge, but say, no, we're not going to back him. you backed kasich and you're now supporting trump. >> yes, and i am going to support mr. trump. shame on those two individuals were actually taking that pledge and then backing out on it. once again, if they can't say anything nice don't say anything at all. mr. trump doesn't need to have their support, he should just continue moving forward. the people out there are angry and they are in favor of mr. trump, so it only hurts themselves. stuart: thanks very much for being with us again. we've followed your progress politically for some time now. >> thank you. stuart: now you're somewhat reluctantly behind donald trump. we'll take that. thanks, indeed. not putting words in your mouth, but-- >> no, i am supporting mr. trump, yes, i am. stuart: thanks, amy, appreciate it. now this, president obama telling graduates at howard university that success is due, in part at least, to luck. watch this. >> that's a pet peeve of mine, people who have been successful and don't realize they've been luc lucky. the god may have blessed them, it wasn't nothing you did. so don't have an attitude. stuart: well, serious xm patriot host and fox news contributor david webb is here. the president didn't say it's all luck, just winner of life's lottery, oh, lucky, lucky, you. he says that luck plays a role in success. i'm not prepared to say that he's totally wrong on that, are you? >> no, because what he said when it comes to the comment in luck, the problem is how he defines luck. luck is when preparation meets opportunity. i was just in las vegas, as a matter of fact, it was kind of fun to look over the back and ten hours ago i was probably on the same street by the excaliber. i was there for a conference and i'm going to tie this together. luck is what's going on in the casinos. people are gambling and hoping the machine comes in, and the right card comes out. i'm in a conference with the young marines, the leaders and sergeant majors and there are volunteers prepared to help kid billed better lives for themselves. that's not luck, that's preparation. luck is outside the conference door thousands of people think they'll hit one number and they don't. the president is selling envy rather nonopportunity. social justice rather than true justice. he's literally pitting us against each other. stuart: if i'm reading between the lines. i don't know whether it's accurate or not he seemed to imply that you're lucky if you're born white and not so lucky if you're born black. that's what i read into this. >> he throws that in the end, he says maybe that middle class white person you don't quite understand and you've got to get in his head. look, the president speaks well, he would make a great late night talk show host and delivers a great speech. stuart: that's a putdown. that was a putdown. >> frankly, a late night talk show host, give the guy credit, he can deliver a message a pile of something politically and make you think it's good for you. and again, selling social justice over true justice, opportunity-- stu, you came to america, why did you come here? >> because of opportunity, that's why. >> so whether you're black, white, hispanic, old, young, female where i was in the conference those are people preparing for their lives, that's not luck, that's preparation. when opportunity comes along you're ready to go. stuart: i've got a fast comment from you, please, on new york city's social its mayor-- bolshevik bill. stuart: he says that racism is to blame for puerto rico's problem. >> i say bad economics, bad policy and things that governor fortuno couldn't do. when you've got 46% of the people living under the poverty line and caribbean socialism going on in an island that they now want to bail out. they need to-- >> who wants the bailout, wants the american taxpayer bailout. >> bolshevik bill doesn't know about economic thes, in venezuela, people are hunting dogs and pidgeons, where socialism failed. stuart: barry did you get bolshevik bill? donald trump? no, actually steve forbes. stuart: thank you very much. back to california, two ugly numbers for you on a monday morning, sorry about that. first one, more than a third of bay area residents in northern california say they're looking to leave. they cite high housing costs and traffic as the main reasons there, perhaps it's the state's 2,000 new laws that are introduced every year that have something to do with it. 2000 new laws in the state every single year. ashley: where do you begin? by the way that 40% of people living in the bay area, i believe it's headed in completely the wrong direction, up from 28% a year ago. stuart: really? >> the bay city council saying this is a canary in the coal mine. you mention the longs. approximately 2000 new laws every year in california, 200,000 in place already, dealing with health and safety, but some of them, if you look through them. it's illegal to light your own fireplace during christmas in california. if you fail to recycle properly, $500 fine. can't use foam takeout carriers and plastic carriers-- . so you can't have the yule log in california? i remember i looked at firewood in a supermarket in new jersey there's a warning label on that. ashley: right. stuart: burning woods creates carcinogens. and you can't use it in california in christmas time liz: talk about housing costs so high. it's 12 past 7 in california. >> good morning, good morning, california dreamin' again. stuart: good morning vietnam, and i feel like that, right. let's get to west virginia, coal country, they vote tomorrow, big support there for donald trump. we are told the head of that state's coal association will join us later this hour. does he think that trump can really bring coal mining jobs back? that's a very important question. plus, it's the video that go the internet buzzing and then some. parents filming their baby floating in the pool. they did it for a reason. the mother is here is explain what that is. the baby did okay. and ben rhodes, one of the president's top advisors tells that media was misled during the iran deal. general jack keane on that next. >> breaking news from north carolina on that restroom law. liz, what happened liz: north carolina now suing the justice department saying this is a blatant overreach acting against north carolina on north carolina's bathroom law. but here is what's at stake. the governor of north carolina warning that hundreds of millions of dollars of education funding from the federal government is at stake because this affects the schools. in other words, if you are a student, sex discrimination schools against transgender in your states, you would lose that money and it would reach to others. ashley: the government says you're breaking the civil rights act and interesting to see if this whole thing ends up in court and whether the government will prevail. stuart: federal government. north carolina has not caved, thisser' suing liz: this is affect other states. stuart: how about this one. one of president obama's top national security advisors telling the new york times sunday magazine that he, ben rhodes is his name, specifically misled journalists telling them that iran, during the iran nuke negotiations, iran was run by moderates and nothing to fear, everything is going to be work out okay and the journalists bought that line. general jack keane is with us and general, two defense secretaries quit, i think, over this kind of issue, ben rhodes is the guy that president obama listened to instead of defense secretaries and generals. you guys must be seething. >> well, it is a revealing article, to be sure. and quite extraordinary. i don't think it's surprising that there's a fair amount of self-promotion of mr. rhodes, also, an arrogance that they're smarter than anybody else in foreign policy to include the mainstream media who they believe no longer has any foreign policy experts, and also, that they're critical of the establishment in terms of their foreign policy knowledge and they include in that secretary clinton and secretary gates who both served the administration and you indicated another secretary of defense in terms of panetta had major problems with him. but what is surprising about the article, as you mention in the introduction, is that we have a white house national security deputy admitting that they misrepresented the facts to the american people using the media to spin up so that they could get the deal through and it could be successful. stuart: why would they see this as self-promotion? why would ben rhodes think it's self-promotion? that deal is falling to pieces and it's a disaster for america and a disaster for the middle east. >> they don't see it that way at all, stuart. what they believe they have accomplished is they also exaggerated the facts and said that we were maybe less than one year away from a war with iran, that was either war with iran, or this peace negotiation. thats with a the book ends that they established. that was misrepresenting, too, likely three years to be sure at best. secondly, therefore, they think what the deal has done for them, they have delayed that inevitability of a war and what makes the deal so outrageous to most foreign policy experts is that in ten years iran is permitted to have a nuclear threshold capability and 15 years permitted to have a weapon. that is absolutely outstanding and no wonder everybody pushes back on the deal. they were able to get the american people by and large to support this and many people in congress to support it mainly because they were misrepresenting some of the conditions and facts taking place, that's the surprise of the article, that he actually admits that. stuart: it's astonishing, thank you for coming on the show, always appreciate your input. >> good talking to you, stuart. stuart: scary earthquake warning for california residents, a top seismologist says that the san dreas fault is locked, loaded and ready to go. we'll talk to him later. next, new york city's socialist mayor urging residents to boycott chick-fil-a stores. new yorkers are not listening to this. you'll hear from some of them in a moment. ♪ everybody's got a hungry heart ♪ these guys represent blood cells. if you have afib not caused by a heart valve problem, pradaxa helps stop blood cells from pooling in the heart... forming a clot... which can travel to the brain and cause a stroke. pradaxa was better than warfarin at reducing stroke risk in a study. in the rare event of an emergency, pradaxa has a specific reversal treatment to help you clot normally again. pradaxa is not for people who have had a heart valve replacement. don't stop taking pradaxa without talking to your doctor. stopping increases your risk of stroke or blood clots. ask your doctor if you need to stop pradaxa before any planned medical or dental procedure. pradaxa can cause serious, and sometimes, fatal bleeding. don't take pradaxa if you have abnormal bleeding. and seek immediate medical care for unexpected signs of bleeding, like unusual bruising. pradaxa may increase your bleeding risk if you're 75 or older, have kidney problems, stomach ulcers, a bleeding condition, or take certain medicines. side effects with pradaxa can include indigestion, stomach pain, upset or burning. ask your doctor about pradaxa. and its specific reversal treatment. your car insurance policy. you just stuck it in a drawer somewhere and forgot about it. until a dump truck hit your pick up truck and now you need a tow truck. does your policy cover the cost of a tow truck? who knows? you didn't read it. you can't even find it. the liberty mutual app with coverage compass makes it easy to know what you're covered for and what you're not. call liberty mutual for a free quote today at coverage compass gives you the policy information you need at a glance. available 24/7 on your mobile device. switch to liberty mutual and you could save up to $509. call that's see car insurance in a whole new light. liberty mutual insurance. >> look at this, those are four big names and all of them have hit lifetime highs. mcdonald's, tyson chicken people and sisco, the food delivery company, and constellation brands. they have all kind of liquor and beer companies, modelo, corona, all of them lifetime highs, how about that? and then the mayor of new york city calling for a boycott of chick-fil-a because the owners of chick-fil-a believe in traditional marriage. ashley went to the restaurant across the street from our studios who see what the customers are thinking. roll tape. ♪ >> the mayor, bill deblasio says we should boycott this place, what do you think. >> i think i'm going to eat the chicken. i'm going to eat it anyway. >> no comment. >> why? >> because i don't like the mayor that much. >> does the mayor have a say. >> no. >> can i ask you a question. >> absolutely. >> it's not about your nose, either. >> that's a sensitive subject. i mean, i came out, obviously, to enjoy my chicken. >> and i like the food and basically why i'm here, not into the politics too much. >> should the mayor tell you where they should and shouldn't eat? >> no. >> why? >> it's irrelevant. >> it's not like the money is going in his pocket. i'm still going to shop here and there's a point here, something to it. >> donald trump said it, would it have a different effect? >> not on a when i'm coming over. >> he's controversial and changes his mind every other day. >> you're not going to mcdonald's and burger king instead? >> oh, know he, i'm going to chick-fil chick-fil-a. stuart: ashley with the cameras. i saw a line there. ashley: a huge line wrapped around and constant the whole time we're there. stuart: the question, why would a mayor of any city say boycott that business that just came to town and-- >> and there's some people that came out in many cases, you know what? you're not going to stop us eating where we want to eat. some might say, i don't like the stand of owners of chick-fil-a, but nothing to do with where i'm going to eat. >> i'm perfectly for gay marriage, but food and politics don't mix, that equals alka seltzer. >> and president obama saying that luck is a big part of your success, we'll discuss. and the candidates, talking to steve moore, he is talking about donald trump's now clarified tax plan. .... stuart: down 23 on the dow industrials. 600 points away from the all time record high. onto the price of oil. $43 a barrel. the effects of the canadian wildfire mitigating. the saudis will keep on pumping. supply very strong. down goes the price. look at this. mcdonald's again. 131 earlier. the 17th highest of the year. ashley: we just found out last year. just like that in the bay area. the all-day preface continues. stock up 35% over the last 12 months. up on the dow over the last 12 months. that is very impressive here it a very impressive turnaround story. the mac who would have thought. it came in three months ago. >> how about boeing. just literally months ago. cell that name. >> half the cuts of production of a very popular airplane. $100 a year. just 48 in a few years time. stuart: back to politics. after saying he wants to raise taxes on the wealthy, he said that over the weekend, donald trump clarified his tax plan with maria barger robel earlier on this program. watch this. >> i am talking about a tremendous tax decrease. i may have to raise it a little bit. this is a negotiation. i am not talking raise from where they are now, i'm talking low proposal. stuart: that kind of clarifies it. raise the minimum wage if the states want to. social security. no were form whatsoever. five back the debt if and when that that goes down. joining me now is stephen moore. okay. now we have a little clarity on the trump land. he would cut taxes. that speaks out to me. i take it you approve of this? i think people will be really poised. i think you'll be very pleased with the final product did down to 15 or 20%. what concerns me about trump last week is this kind of waffling. maybe we will raise tax on the rich. maybe we will not be able to reduce the debt. i think that that is a problem for him. he is not a politician. i think that that is a dangerous territory. >> you have to negotiate. you come up with a planned anti-has a plan. you have to negotiate. i wish he had been more clear about the essential nature of the plan. you cut taxes. i would like or clarity about refinancing the debt. buying back the debt if interest rates go up. >> one other point about taxes. ronald reagan raised taxes on the rich. they actually paid more taxes under ronald reagan. that is the best way to raise tax revenues. make the economy grow stronger. i am still not ecstatically clear what donald trump is talking about here. he sort of made some references to this over the weekend. why not walk in bonds at two or 3% interest rates. i like that idea. we have a historically low interest rate. let's lock it in. >> this is bernie sanders campaign event in atlantic new jersey. blasting the rich. greed, he says, is destroying the rich. >> we will tell though karo icons of the world that that is not acceptable. [cheering] that greed is destroying america. so one that will take these people on. stuart: quick comments, steve. what do you make of that? >> $250,000 a speech. here is the point. you know, though polls the polls show two out of three americans think the american dream is dead. the opportunity to get rich in this country. no wonder the american dream is perceived as that. liberals say we do not want you to get rich in this country. >> exactly. get out there and compete. climbed the food chain. it is all luck. the famous basketball coach who i note you know, preparation meets opportunity. i met a lot of them in my lifetime. seize the moment. >> well said. we will see you again soon. let's go to the president commencement speech over the weekend. the nature of success. roll tape. >> people who have been successful and do not realize they have been lucky. god may have blessed them. it was not anything you did. do not have an attitude. >> former obama white house senior or is with us now. a lot of people will resent that. that idea that you have done this because you are just lucky. i am not buying that for one second. are you? >> i think that it is important to look at the broader context. that's comment about the pet peeves, i think we have all experienced the person who had a real lack of. daddy giving you -- cleared up by your bootstraps. that is kind of the donald trump narrative. that is presented as hard work. i think that it is actually quite a bit in there that conservatives would like. delivered to black communities. righteous anger will not get you anywhere. you have to work in the system. you have to vote. you have to listen to people you do not agree with. it gives conservatives and liberals a lot that they can agree on. >> addressing what i think was a predominantly black audience. >> howard university. historically black college. they are urban young people. frankly, a lot of them did not have access to daddy's money. a great big accomplishment. >> the rest of the speech was about taking pride in who you are and the history you have. it was an accomplishment. this is the best time to be black in america. you have so much opportunity as a college graduate and a black american. >> that is not the way that i took it. >> i was about two minutes of the speech. stuart: those that made it in our society are the winner. i find it really offensive, quite frankly. forty years in america. i have made something of myself. the idea that i am just lucky is truly offensive. i am sorry. i am out of time. i have a hard rate. how about this. changing subjects entirely. that could be dunkin' donuts. we are at the exchange. nicole: stocks soared here. up 25%. this is a foreign unit in germany. also picked up green mountain last year. almost $14 billion. it is ran by a very wealthy family. what is happening is they are getting a pop, two. we will see what happens. >> that wealthy family. they are just lucky, as we know. west virginia coal company. they vote tomorrow. they are supporting donald trump. not happy with hillary's flip-flopping. hillary clinton says she will take care of you. she will give you money, essentially. $30 billion for the entire coal patch. which would you rather have? do her job back or money from the federal government? >> working to make my living. not looking for a handout. ♪ >> varney and company start that 9:00 a.m. eastern. here is what you missed last hour. >> sources tell me that target has reached out. they are the organization behind this boycott. 1.2 million people signing the boycott transition. the american history family association. there is a meeting planned this week at target headquarters. also my understanding that they will be hand delivering those petitions. those boycott petitions to target. ♪ >> i was a salaried employee. somewhere around 72-75,000. have you any hope of replacing that kind of income level? >> not currently. not in our area. no. stuart: the man that confronted flip-flopping over control. they will both there tomorrow. you have new numbers. >> release last week. 600 coal jobs have been lost, stuart. 16.2% in just one year. look right here. the numbers are startling. ninety-two coal mines have been shut down. that does not include 2015 or 2016. thousands of people here are out of work. the unemployment rate in west virginia is greater than the rest of the country. >> thank you very much. interesting numbers. west virginia coal association by chris hamilton. giving trump the hardhat. your association is backing trump. you are the guy, is that correct. >> that is correct. absolutely. coal mining jobs down. 16% in the last year. that is because of the competition. a lot of big utility companies are shifting. >> well, it is. the quantity of natural gas has never been a factor. a loss of jobs in west virginia. loss of state revenue. clearly the policies. they date back to when he first took office. january 2009. stuart: do think that donald trump was completely reversed those policies and bring jobs, real jobs, well-paying jobs back to coal country? >> i certainly hope so. bringing a very successful business approach to the break latorre aspect of things. permitting nonsense that we have experienced here in west virginia. >> are you in a position of saying anybody but hillary? >> she has attacked local companies. she is part of the obama administration. >> i believe so. part of the inner circle of the obama administration. participated in these major decision makings. we just cannot stand anymore of the national democratic energy plan. that is what is at play here. that is what president obama has successfully implemented through the last seven and a half years. hillary has indicated that she will double down on this environmental and anti-coal policies. stuart: you are hoping for and evolution. that is what you are hoping for. >> absolutely. there are markets out there. it just seems like we are placing restriction after restriction on our domestic production and consumption. >> what do you say to the greens. you put more fossil fuels. you raise co2 emissions. >> the output from the united states is miniscule compared to the commission level that is currently being produced by these countries that are benefiting by our lack of the consumption of fossil fuels. it has increased dramatically. based on public policy. though coal that is minding consume today are so substantially clear. virtually little if any emissions from the call whatsoever. >> we hear you chris hamilton. you vote tomorrow. i believe that trump will get your votes. we cannot show this video enough. parents filming their baby floating in a pool. why you should just let the baby go in the pool like that. ♪ you pay your car insurance premium like clockwork. month after month. year after year. then one night, you hydroplane into a ditch. yeah... surprise... your insurance company tells you to pay up again. why pay for insurance if you have to pay even more for using it? if you have liberty mutual deductible fund™, you could pay no deductible at all. sign up to immediately lower your deductible by $100. and keep lowering it $100 annually, until it's gone. then continue to earn that $100 every year. there's no limit to how much you can earn and this savings applies to every vehicle on your policy. call to learn more. switch to liberty mutual and you could save up to $509. call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance. hii'm here to tell homeowners that are sixty-two and older about a great way to live a better retirement... it's called a reverse mortgage. call right now to receive your free dvd and booklet with no obligation. it answers questions like... how a reverse mortgage works, how much you qualify for, the ways to receive your money... and more. plus, when you call now, you'll get this magnifier with led light absolutely free! when you call the experts at one reverse mortgage today, you'll learn the benefits of a government-insured reverse mortgage. it will eliminate your monthly mortgage payments and give you tax-free cash from the equity in your home and here's the best part... you still own your home. take control of your retirement today! >> the latest headline in the hillary clinton e-mail scandal. the fbi has not reach out to talk to her gap. roll tape. >> no one has reached out to me yet. i made it clear that i would be ready to talk to anyone at any time. i have encouraged my assistance to be very forthcoming. i hope that this is close to being wrapped up. >> no one said, hillary clinton, we would like to sit down and talk to you. >> i am shaking my head because she is being misleading here. has the fbi reached out to her directly? breaking all kinds of regulations. of course they have reached out to her lawyer. the most crucial part of the representation of a white collar criminal defendant. it is not the crook they think your client is. when you interview her, mr. varney, and you ask her, and she says no, follow up by saying, but your lawyers have. [laughter] ashley: this video. parents let that baby float in the pool all by herself. they posted the video online. it is tough to watch. the child's mother will be here next to explain why she did it. california better get ready for the big one. the san andreas fault is locked, loaded and ready to go. the third hour is just minutes away. ♪ >> the earth will literally crack open. stuart: well, now we have your attention. the top sized margin. california is locked and loaded for the next major earthquake. get rid of that video, please. why she let her child float in a swimming pull basically unassisted. she does have good reason. another new controversy. airbnb. african american customers say they are being denied rooms because of their race. there is a standoff in north carolina between the governor and the north attorney general. >> they are going on the offense. suing the u.s. department of justice. they have until today to respond. you cannot do this. this is a violation of the civil rights act. a radical overreach. it will all end up in court. stuart: judge napolitano again on this subject. a 20-25-point loss so far this morning. higher sales and profit. that is a pet pharmacy. they are doing very well. twenty -- that was earlier. that was a test pharmacy doing well. another big mover today is krispy kreme donuts. j a b is a private company. there is a perfect mix. >> that is right. 24% gain. two big names. two very big stories. we do not like charts. we will show you this one. apple coming down to a two year low on the bottom there. what do you make of this apple versus nick donald. just going in opposite directions. >> you will get the same growth out of both of these companies. a high single digit percentage growth number. i think that it will look about the same. that is the way that it used to be. technology is such a big part of our life. paying 20 times earnings. would you rather pay under 10 times earnings. >> you would prefer to buy apple at this point. >> making some improvements. i think a lot of it is priced into the stock. >> we like it when you bring hard financial facts to the table. >> sometimes i bring the fax. [laughter] >> look at this. twitter and square. both of them are down big time. it means they lost a ton of money. >> no longer a billionaire on paper. this is really a story about twitter. twitter really a virtual of the abuse. people get up used on twitter. >> that is exactly what happens. is there any hope for twitter? >> i wish i could tell you i understand. i just do not get it with twitter. a few people out there with interesting things to say. >> we use that word. we talk about twitter every single day on this program. >> 40 minutes a day. >> what is it? >> the cool kids are not using twitter. every once in a while, i get a cool kid to talk to me. stuart: all right. that is for another day. valiant pharmaceutical. every week. picking a stock and says it will either go up or down. jack, you said that valiant was going to go down. >> well, that is a big selloff. maybe there is value here. earnings last year, this is a poster child. excessive use of these are earning adjustments. adjustments to those earnings. there is an epidemic out there. wait a second, take out the current the slaying. >> this is catching to try to buy this stock right now. >> raising an important point. redo your earnings. restating your earnings. >> every company does that. >> it gets longer and longer. >> something special that happened. not representative and the results. company have these one-time results every year, year after year. a huge divide. >> earnings before the bad stuff. >> you just do not trust the earnings. >> continuing for years into the future. i don't know, it will take a long time. they are still fighting that massive wildfire. it is hitting oil. more than 1 million barrels a day. it is now off-line. shutting down oil production. >> shut down production longer than anticipated. >> their latest shutting down plants. it is going to take weeks to restart that production. okay. we have to talk to somebody in a few minutes. how big is it. how long until they knock things down. politics, please. yes, it is monday morning. donald trump clarifying his tax plan. >> i am not talking about a tax increase. i am talking about a tremendous tax decrease. i said, of the low proposal, i may have to raise it a little bit. i will really fight hard. i could see the wealthy getting rich. i am talking about raise from my low proposal. >> clarity. seriously. trump is all over the place. who knows. he said, we will cut taxes. we will probably have to negotiate a little bit higher. >> that is a little clarity, i would say. >> you give every answer. every answer every time. >> icy clarity, i say it. >> we will see you soon. dan rhodes admitting that the obama administration misled the media to sell the iran deal. howard kurtz is here. obviously, it you are the media buzz guy. are you shocked? i am really shocked that they would come right out and say, guess, we misled these kids. >> i am not shocked that this is done. i am quite surprised that then rose would brag about this in a very audacious way. on the record to the new york times magazine. that was my job. i did it really well. >> they were telling reporters. iran was ranting by moderates. negotiating with hardliners all along. that was a deliberate. it was not just tweaking the journalists. >> look. when it comes to the timeline, the administration actually denies starting this much earlier. a justification as to why we could now get a deal. he was lied to over this timeline. one is what seems to many people to be the admission. he is very sensitive negotiations. you have some insulting words. 27-year-old supporters, knowing nothing about foreign policy. they are compadres. very angry about that. >> i do not know which journalists went to the white house were off the record readings. i do not know these people. would they be youngsters. that is an extraordinary indictment to the media. >> they deal with a lot of younger supporters. they do not know much about policies. that is not everybody, obviously. is it true? sure. there is in the press a cheering section for obama foreign-policy. openly saying we would send out the message and go on twitter. they would carry our message. that is a slam dunk. stuart: i am just shocked that he would boast about this deal which is a disaster as steel. it looks to me like it is falling apart at this point. >> these people are still working out the white house. how can you post about a disaster is real? thank you for coming with us. >> back to canada. still finding that big wildfire. after the break, we will talk to someone, no one is talking about it. the video, a lot of people are already up in arms about it. sparking debate a time over the weekend. we have the mother of that child on the show today. find out why she allowed this. why she posted the video. 1145. she will be on the show. ♪ >> look at it. they are still fighting that massive wildfire in canada. more than 1 million barrels per day here at we are bringing in bills to wear. the center for fire research. he is with us. we are a financial program. how long a billion barrels of oil will be kept off the market. how long do you think it takes to contain a fire of that not the tooth? >> this fire is now maybe only 20%. the fire is not what is cutting down the oilfield. there is no place to live in those services for the workers. the real challenge is how fast will they be able to get back to the oil centers. >> i am glad that you raised that. it is the fire that is burning up infrastructure that people have to live in. that is the question. i am reading between the lines. it does not matter when they get to fire back under control. >> in terms of infrastructure. right now, fighting the fire. maybe within a week they get it down. still using the airports and the roads. temporary housing and vehicles. start moving workers and an out. >> our viewers have just seen a video of helicopters. is that still the way you fight the massive fire? >> they will be fighting. there is basically no fuel for the fire. dropping water. it is like northern canada. they will do everything that they can. >> thank you very much for joining us. the video is extreme. we have this coming in from the trump campaign. chris christie, serving the chair of the trump transition team. how about that. >> tapping out on whether he wants paul ryan to chair the republican convention. did not fully support donald trump. republican from texas. understanding trumps position. paul ryan is not in favor and supportive of the nominee for the republican party. it is a contradiction. you have to have a deal between the two to get the show on the road. >> it is always great to be with you. a great day in america. i need paul ryan to be a successful speaker. i need donald trump to be a successful nominee. the first step is this meeting that they had this week. i think that all eyes are on those two individuals. they are both smart, bright and quick on their feet. they can get it done. stuart: are you now a trump supporter? >> absolutely. throughout the 13 months of his presidential campaign. i recognize one path forward. i am all in. republicans in the house will follow what you are doing. i do not have a number for you, stuart. >> how is it running? a relaxation that the party has to unite. >> there certainly must be. it must come together fairly quickly. a tuesday where the house members were out of town. there has not been a lot of communication, at least on my part, with other members. look, what do i need to do? i went on every local radio show that i could on wednesday morning. the pathway is clear. i am all in for trump. we need to get this done. they will come to the conclusion in the coming weeks. >> republican, texas. thank you for joining us, sir. we appreciate it. >> thank you did. stuart: new controversy over airbnb. black users say they are being denied rooms because of their race. question, can you deny someone service, a part of room in your house, if your home is being rented out in a commercial operation. can you do that? what are your rights here? the judge is next. ♪ ♪ ♪ (singing) you wouldn't haul a load without checking your clearance. so why would you invest without checking brokercheck? check your broker with brokercheck. listen to this, president obama's spin doctor and chief. twenty-seven. they are only reporting experience is around political campaigns. they literally know nothing. that is bad roads talking about how he misled the media about the iran nuclear deal. he said that it was easy. intending to switch to iran and away from our traditional allies. he could not say that. liberal journalists invited to brief things where they were told iran was ran by moderates. everything would be okay. they bought it. they went for it. they literally knew nothing. they eagerly spread the false word through social media. this is an example of cynical manipulation. taking the bait and eagerly supporting what has turned out to be an exhausting deal. iran well get a bomb. it is launching missiles that intimidate the entire region. now it is revealed that is what the president was aiming for all along. most of us are looking to the future. a new president coming. who will it be. we are presented with an administration that has misled us all. the president knew that you could not keep the policy that you liked. they knew we were changing sides but would not admit it. we are in a mess. deceiving, as a matter of policy. a media tagging along for the ride. ♪ . ♪, . stuart: listen to this. we have breaking news on politics on paul ryan. liz, what has he done? liz: he says if trump asks him to, he will is it ep down as chairman of the gop convention. also saying he will not support a third party candidate, even if it's mitt romney. coming from the journal paul ryan apparently speaking to them. so he would step down as chair if trump asks him to. stuart: that's prenegotiation before the big meeting on thursday i suspect. liz: yeah,. stuart: not that ryan is involved in in that meeting but nonetheless, it will come up i'm sure. liz: yeah,. stuart: i've got four big names. you know them all, and they're all in food, and their stocks have all hit lifetime high. mcdonald's, tyson chicken, cisco with an s, food delivery and food it supply people, consolation brands, mostly beer and wine. all four of them new all-time highs for those stocks. what is going on? netflix getting into reality tv. sylvester stallone involved in. ashley: this is interesting. a ten-episode program called the ultimate beast master. going to have 108 jocks from around the world trying to compete head-to-head in one of the most physically demanding obstacle courses ever divide. it's called the beast, and you have to master the beast. stuart: a jock as an a young, athletic male. ashley: , yes. stuart: can't wait for that. netflix is up on that. way to get that stock up. get jocks together. that will work. now the series subject here. new controversy over airbnb. black user say they are being denied rooms because their race. here's a case for the judge if ever i've heard one. welcome back, judge. i would have thought if you're renting out your own space in your own home, you can rent it to whomever you please. am i wrong? >> you are partially right. it depends where you are. the federal law, the federal civil rights act of 64 and its amendments say if the building is owner occupied and there are four or fewer units, typically a four-unit house, you can discriminate on the basis of race. but certain state antidiscrimination laws probate discrimination on race under any circumstances. so it really depends upon where you are. translated, if you're in new york city, and you lease your apartment for the weekend, you cannot discriminate on the basis of race because new york city and new york state law probat prohibit it. if you're not in new york city or new york state and you're leasing for your apartment for the weekend, you can discriminate on race. stuart: but airbnb tells everybody you cannot discriminate. we're equal opportunity renter of rooms. i think they tell everybody that. >> so if you are part of the airbnb system, you are voluntarily agreeing to comply with their regulations, and then it's a contractual issue, it's not a civil rights issue. stuart: got it. i've got another one for you. are you ready? >> ready. stuart: the governor of north carolina has decided to fight the department of justice over the state's bathroom law. they're not caving. they're going to sue the administration. >> it's an interesting area of law, and i'll tell you why. the civil rights act of 64 does not protect sexual orientation. so is a transgendered person protected by the laws that prohibit discrimination on the basis of gender? or not protected it's sexual orientation? that's what the federal courts will have to decide. the justice department says the modern day 2016 interpretation of the 64 law should protect lgbt people. ththe state of north carolina says if congress wanted lgbt people to be protected, they would have written it into the statute and a federal judge will have to decide who is right. but it's interesting that north carolina fired the first shot so to speak rather than waiting for the justice department to take the state into the federal court, the state has taken the federal government into a federal court. stuart: do you think that we're on our way to union sex bathrooms all over? >> i think we are. and i also think like donald trump will argue this over the weekend when he said i can't believe i'm running for president, i'm talking about bathrooms. but since you asked me, i'll tell you. the business owner should be able to make the decision on the business judgment, what his or her customers want. not what the government wants stuart: and the right for lgbt people to be sensitive. what about the my rights to choose the bathroom which i'm comfortable. i'm not expressing this very well. >> no. you are. i know what you mean. two different issues here. we have the government telling private property owners how to construct bathrooms. and we have the government telling other government entities telling lgbt people on government property. one involves private property in a business judgment, the other involves how the government treats people and discriminating against people because they've chosen to change their gender. we don't have laws about changing gender yet because it's a new area. ashley: what you're talking about, the aclu of mississippi is now suing that state over a law that allows people to deny services to lgbt people based on their religious beliefs. >> there are two supreme court opinions. each of them the past 15 years that prohibit the state from creating a cast of people as to whom. sort of like the jim crowe like. a very strong argument. stuart: and we're all going to have to change, aren't we? bottom line, that's what's going to happen. >> i will tell you. it will depend on who's elected president this november whether we all change. because the federal laws will be vastly different under a president clinton than a president trump. stuart: although president trump, a president trump has already agreed with the north carolina -- no, he's not. he's agreed with the target rule. use any bathroom you like is what he says. liz: and actually caitlyn jenner -- >> disagreed with the rule that the landowner decides how to use his or her own bathrooms. stuart: donald trump attacking hillary clinton for alleged poor treatment of women. democratic strategist is with us. what do you make of all of this? hillary is being fairly quiet actually and now donald trump is attacking her as the great enabler of her husband, bill clinton. and -- a great enabler? i just invented that. and for hillary's treatment of the women who are abused by bill clinton. you're a democrat. what do you make of all of this? >> well, hillary isn't hiding out. she's running for president of the united states. she's talking about issues. she's talking about issues that are important to the country. yes, also about women, a majority of voters, which trump says is a woman card. there's nothing woman card about talking about women's issues. stuart: i'm not sure what you're saying. >> whether or not she's hiding out or not. stuart: no, is it going to be successful? donald trump has said dreadful things about women in the past. now attacking the female candidate, hillary, and her husband bill, on the issue of women. will that be a successful attack? will it wipe out everything he said about women in the past? will he win on the women's issue going at it like this? >> understood. desperately, he's trying to. no, he won't. 70% of women hate him and that's because of who he is. it doesn't matter what we say about him. all you do is use his own words against him. he can say now that it's an enabler issue. this is a woman -- or a guy who said hillary couldn't satisfy her husband. how can we expect her to satisfy the country. stuart: who's saying that? wait, wait, wait. >> trump said that. he tweeted it out while he was running for president because he loves to say that this was -- well, he was entertaining, that's when he said these things on howard stern. he said that during the presidential campaign. also said that john mccain is not a war hero. stuart: i don't want to stray too far off the issue of women. you're telling me categorically that's like get over what he said in the past. no matter what he does now, no matter who he attacks on whatever issue, bill and hillary clinton, it's not good enough, you can't change the women's vote. that's what you're saying? >> his core supporters and clinton haters will like this. but will he sway people by saying this? no, he absolutely won't. for one we've already been through it. we already know this. it's been out there. is it ugly? is it in the gutter? yes, but, again, we don't have to get in the gutter. we just have to use what he says. stuart: i understand. i think you make a good point. you're a democrat. >> yes, i am. stuart: you might even come back. sasha, thank you very much for being with us. [laughter] . stuart: why are you laughing? >> because you say that to me every day. stuart: true. next up, the mom and the baby in the pool. very controversial video. the mom joins me next. and we also have the man who says california is locked and loaded for the next major earthquake. how about that? we cover it all, you know? >> i'm nicole petallides with your fox business brief. stocks been up over 40 points and down about 70. right now, though, we're down 53 points on the dow jones industrial average. 17,687. but the s&p 500, a slight gain there. and the nasdaq up 13 points. we're watching energy and materials while health care gains. taking a look leer at three-point. this group of names, they are stellar performers here. up over 200% for the year. today big lagger, selling off one of their priced compromise. still a bit under pressure. then we'll turn to food and drink-related names. mcdonald's, tyson, cisco, all hitting lifetime highs. tyson says they're working with amazon going forward as well. start your day on fox business at 5:00 a.m. i'll see you there . stuart: you know it's breaking today. now i've got news in the competence lawsuit. is he competent ore month? ashley: judge has this lawsuit who was thrown out by his previous girlfriend who became his, quote, unquote, health care agent. she should be reinstated, the judge through it out with prejudice. stuart: which means he retains control of cbs; is that correct? liz: yeah, he's got 80% of the shares of both. those shares now do not go to his daughter who is leading a trust. they would have gotten the shares if he lost this lawsui l. stuart: and both stocks are down. cbs, viacom, both are down. he is competent. all right. got that one. thank you. to chicago now where antibusiness are planned today. jeff flock standing by. waiting for everything to start. what's their beef? the protesters, jeff? . stuart: okay. we've got a microphone problem. he wasn't whispering, he just wasn't shouting loud enough. big protesters are planned for today. in chicago. come on in to our next guest, please, at the center of controversy because of a video you're looking at now. carrie morrison, the mom of that child was sitting at the edge of the pool. the insistent fell in, and the mom let her try to save her is, and she did that. she let the child save herself for a very good reason. carrie joins us now. i'm right in saying welcome to the show. it's great to have you with us. you were three feet away from your daughter as she slipped into the pool, and you let her slip into the pool for a reason. what's the reason? >> because i knew exactly what she was going to do. she had already been in lessons for about three weeks, and she was trained to roll back and float unassisted. and to be honesty with you, i don't see the fuss over the video. i think it's amazing. look what she's doing. stuart: why -- i think you're running a program of a very, very young children getting into a pool and basically saving themselves. why did you start that program? >> i didn't start the program. i have a foundation called live like jake. and we promote the isr infant resource program. that program has been around almost 50 years. stuart: and jake was your son, i believe, who has drowned? >> yes. my son drowned about two and a half years ago while we were away, and i had made it my life's mission to not only protect my two daughters, but also children all over the world by providing scholarships for these lessons. stuart: you see, i don't think many people knew about the background to this story and what happened to your other son jake. that's why there was so much controversy when this video went around the world. >> yeah. stuart: you see no harm in allowing a child to save itself? there's no harm in that? in fact, you think that's a good survival skill? >> absolutely. i mean i know the alternative. my son did not know -- did not have these skills, and he's no longer with us. as a parent, i cannot tell you how devastating that is. stuart: i can understand, ma'am. i can understand. at least i can try to. a lot of people are saying, however, that that child, your child in the video right there will suffer trauma because of what happened to her. that it will be a buried memory, which will come out in a negative way later. what do you say to those critics? >> i can assure you that is very far from the truth. my other daughter julia started the program at eight months, she's two and a half years old now, she loves the water, she swims like a fish, my daughter josie -- that video was taken about seven months ago. she loves the water. she's still in lessons. it could not be any further from the truth. stuart: do all little babies like that save themselves? they figure it out like nature figures out how to stay afloat? >> absolutely not. they're taught that. those skills, they can start the skills as early as six months. the program is four to six weeks, five days a week, ten minutes a day. it's all muscle memory when they're young like that. that video was not, hey, let's put her on the steps and see what she does. she was trained to get to that point in clothes, diaper, so forth. stuart: now, since this video has appeared so widely around the world, have there been people asking about the program that you run? >> absolutely. i think it's -- that's my mission is to create awareness for water safety and that there are programs out there like isr to teach this type of method. because there's not always going to be a wall or stairs to swim to. they need to learn the self rescue part to float and be able to yell for help and breathe. stuart: kelly, we really appreciate you being here and giving us the full story. >> thank you. stuart: and there is a full story, and you've told it. thank you very much indeed, ma'am. we appreciate it. >> thank you. stuart: sure thing. . stuart: after the break, the top seismologist that warns california is lock and loaded for a major earthquake. will it look like this? >> and it's going to be a bigger monster. >> oh, my god. >> the earth will literally crack open. ♪ ♪ (charge music) you wouldn't hire an organist without hearing them first. charge! so why would you invest without checking brokercheck? check your broker with brokercheck. not too bad. but bad enough to need an appraisal. how hard could it be for one little accident? except one little accident is now one massive headache. finding time for an appraisal? you usually can't find time for lunch. your husband asks if you can take care of it. you say, "not a chance. can you?" crickets. with the liberty mutual express estimate™ app, you'll get a repair estimate in one business day or sooner, without leaving home or work. call liberty mutual is available 24/7 so you never have to wait to file an accident claim. switch to liberty mutual and you could save up to $509. call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance. stuart: i want to repeat the dramatic news we brought you just a few moments ago. this is the trial, s owned a huge part of cbs. he's been on trial that he's not competent to run those companies. ashley: brought by a ex-girlfriend who became what they call a health care agent. mr. redstone through her out. when he did that, said he was not mentally competent, didn't know what he was doing and became incapacitated, and the judge said, no, that's not true. through the case out and which means it cannot be brought again. stuart: so he wins? ashley: he wins. stuart: there's another lawsuit, daughter, in way, way did she win? ashley: she'll have more control over the shares he built up. liz: if he was found mentally incompetent, the 80% stake of viacom and cbs would have gone to a trust which would have had sherry redstone in it. but now she can be the soul hare of those shares. stuart: owns a big chunk. liz: 80%. stuart: 80% of both? that's a huge chunk in major corporations. liz: the shares are under pressure right there. stuart: and he is not incompetent. liz: correct. stuart: that's what the judge said and both stocks down. okay. very interesting development there. totally different subject. our next guest is warning that california is quote locked and loaded for a major earthquake. thomas jordan is with us. director of the southern california earthquake center. you've shocked and worried everybody. would you like to explain yourself, sir? when are we going to get this quake? do you know? >> the answer is we don't know. you should not interpret this is that a big sector going to happen any time soon. the basic point is that enough energy has been stored within the san andreas fault system to produce one or more very large earthquakes. stuart: so you can measure the buildup of that stress, i take it? and that's where your prediction -- not the prediction but the warning comes from? >> well, that's where the caution comes from. in other words, this is not really news in the sense that we know this strain is occurring, that the plate tectonics are pulling these plates along and therefore storing energy in the san andreas fault system. but our concern rises as time goes by. it's been 159 years since there was any significant earthquake on the southern san andreas fault. stuart: and i believe you're talking about a possibility of a magnitude 8. i'm sorry i'm out of time. fascinating stuff. thomas jordan, thank you very much for joining us. appreciate it. >> you're welcome. stuart: all right. everybody, more varney in a moment . stuart: repeating that breaking news. redstone, seen there, 92 years old, keeps control of his controlling interest in viacom and cbs. the judge throws out an incompetencecy lawsuit. he wins. neil cavuto, this was your time. it's yours. neil: thank you, my friend. all right. we're taking a look at why there's all of a sudden disarray with the republican party. donald trump blaming republican critics with that and the establishment more to the point. but does the establishment have a point when they hear their potential standard there going back and forth on the issue of taxes? take a look. >> i'm going to fight very hard for business. for the wealthy, i think frankly it's going to go up. and you know what? it really should go up. but i'm not talking about rates from where they are now, i'm talking about rates from my proposal. neil: but you said you're going to cut and then you said you're going to -- that's it. basic cable, that's as far as i go for you. on some of these issues,