pounced on them he calls them crazy bernie and crooked hillary. they've given him the motherload of ammunition and he says yes, to a debate with bernie in california before the california vote. i've got money, more big news, and we're up, very, very close to dow 18,000. we have another jam-packed show for you today. "varney & company," we're about to begin. ♪ >> look at this. this is where they will be talking about those long lines that you will be suffering from at the airport this year. this is the house transportation security subcommittee. here is the headline, the tsa wants more money. they still expect long security lines the memorial day weekend starts tomorrow and they tell you to get to the airport three hours before your flight. more from them today. you might as well drive. gas is 2.31, the national average for regular. a low of 1.69 in february, we're up 61 cents. >> even though, i would rather drive than face a security line at an airport. more on all of this in a moment. 12 days until the california primary. the democrats continue to implode. hillary's e-mail problem just got a whole lot worse. look at the headlines from the mainstream newspapers, new york times, e-mails add to hillary clinton's central problem. voters just don't trust her. the wall street journal, clinton's e-mail deceptions. and "the washington post" editorial board no less, clinton's inexcusable, willful disregard for the rules. tamara holder is with us this morning. all right, tamara, you skew to the left. you're a democrat, you are. >> i'm not a socialist. stuart: you're a democrat. i don't know whether you're for hillary or bernie, but i think you will admit to us this morning that hillary clinton's candidacy is in a lot of trouble. >> she's been in trouble and there are several reasons for this. number one, voters don't trust her. number two, because she hasn't been very clear about this e-mail scandal to the public. every day, every month, it's been something new, some new explanation of hers. she has a terrible pr manager and i think from the very beginning she should have said, obviously, we made some mistakes or whatever, but that's why she's having this dishonesty problem. stuart: can she get over it? after this scandal, it broke yesterday. >> right. stuart: after that can she in any-- how on earth can she restore trust in her on the part of the voter? >> well, i think that she needs to hire the right people to-- and an image consultant, somebody who says-- >> it's too late. >> i don't think so, it's never too late. this is the make it or break it time. she's neck and neck with bernie. she's losing a lot of support and voters don't trust her. she's skirting around, the bill clinton, whatever he said back in the day, i didn't have-- >> whatever the meaning of "is" is. >> shady. stuart: the bottom line, are you confident that she will be the democrat nominee. >> yes. stuart: no doubts in your mind whatsoever? >> i'm confident that she will be nominee. stuart: and if she loses california? >> i'm confident she will be the nominee. stuart: tamara, thank you for being a good sport. >> thank you for not beating me up too much. stuart: in some ways i feel sorry for hillary. >> she's had bad advice. stuart: on a personal sense i feel sorry for the lady. i don't think she's going to be the democrat nominee, i think she's in such trouble. let's move on. i'm staying on hillary's e-mails. i want to bring in chris stewart, republican utah. you're on the senate intelligence, the house intelligence subcommittee. you saw the top secret e-mails on her private server, you've said that they were shocking and we would be shocked if we ever saw them. now, even the mainstream media calls her actions inexcusable. do you think she can continue as a presidential candidate? >> well, i don't know. i think she's in trouble of the your former guest said she needed an image consultant. i think what she may need more than that is a very good attorney. we know that she didn't comply with the law or cooperate with the investigation in any way. let's remember, the federal records act it's not a list of suggestions, it has the force and effect of law. and high ranking officials, especially, have a special responsibility to comply with that law and the secretary, very simply, didn't. it's not republicans making that climb, it's the obama administration that has reached this conclusion. this isn't some vast right wing conspiracy. and i think the secretary just has so much to answer to. stuart: is it not a question of judgment as opposed to a legal question or a political question. it's a question of judgment. are we prepared to put hillary clinton in the oval office when she has put the nation's secrets onto a private server, lodged in her home in chappaqua, new york? are we prepared to accept someone with that judgment as the president of the united states? >> well, i hope not and i've been saying that for so long now. as you've said i've read her e-mails. they're some of the most klo classified things i've seen in the military and-- they do reveal classified details and human assets and sitting on her e-mail in the basement of her home. no one else in a position of authority has done that. stuart: she says there is no proof that they were hacked. any good hacker worth his salt would be able to get away. >> heavens, if it wasn't hacked, i'd be shocked. and i think there's a concensus that it was hacked. it was hacked twice and shot down twice? >> there are reasons this was such a bad idea and there have been comparisons, you know, previous secretaries did the same thing. oh, my heavens, that's not at all a fair comparison. this isn't apples and oranges, this is comparing apples and a day old sandwich. they didn't have 30,000 e-mails that they deleted. they didn't have 2000 classified e-mails on their server. they didn't have dozens and dozens of top secret classified e-mails on their server. and again, this is a home-brewed server they actively tried to conceal that it existed. stuart: good of you to be with us. >> thank you. stuart: i'm staying on hillary, i think she's in a great deal of trouble. austan goolsbee is with us. you're smiling, you're a big hillary supporter, i know that, officially. are you having second thoughts? 'cause you've got to admit she's in deep trouble here? >> look, i'm not having trouble. this is the same people, such as the congressman that you just had on, that are saying that the violations of the federal records act are a terrible violation, even though this very report identifies previous secretaries of state as doing similar things. they're the same people that said benghazi was terrible, they're the same people that said she murdered vince foster and as long as this remains in a partisan framing. stuart: but it doesn't. it's not. austan, you must have seen the new york times and "the washington post" this morning. the post, they're saying that her actions were inexcusable. very strong language. you can't just sluff this off. >> everything that we are discussing today has been long-known. there's nothing new in this report. this was a report by the inspector general. stuart: i think there was. austan, i'm sorry, there was. >> what was? >> the private e-mail server was attacked and shut down twice. the fact that staffers were told when they raised the issue of the private server, oh, don't talk about that with anybody. never mention it again. and-- >> stuart, you know i'm not a lawyer. when i'm on your show, i'm usually making fun of lawyers, so i'm not going to get into the discussion about the legal aspects. i did read the report. i wonder for most of the people who are attacking hillary clinton on this, whether they've even read the report. if you look at the report, it's a report about record keeping and it's critical of secretary colin powell who it says leaves office, had a private server and never turned over the e-mails on that private server despite being asked. stuart: all right. >> and that hillary clinton did turn over those e-mails and they wanted her to have turned them over in the year previous than she did. stuart: austan, i think she needs all the support she can get and you're giving her support this morning, good for you. let me turn to the economy because that's what you do. are' the author of the disasterous obama economics and-- i appreciate you giving me credit. [laughter] >> let's suppose that hillary clinton is the president of the united states and puts forth her economic policy, i would suggest that's big spending on infrastructure and big spending on education and tax the rich. i don't want to characterize it more than this. are you telling me that this policy will give us 4% growth? >> 4% growth over what time frame? >> well, let's say within a year of that policy being enacted? >> well, probably not 4%, but i believe infrastructure and education are two critical investors to raising the long-term growth rate in the united states, 4% i think is a-- >> what percent? >> well, i think that 4% is an unrealistic long-term growth rate. stuart: what is it? >> in the united states for 150 years-- . >> what we want is strong growth. strong economic growth from a decent economic policy by other president. i want 4%. what do you want, 2%? >> i want 10%. all i'll ask you is, when in the last 100 years have we had a 10-year period with 4% growth? i believe the answer is never. stuart: i believe that in the 1980's, following the enormous tax cuts by president reagan, we did achieve a very strong row of economic growth. >> and we had 4% for two years. stuart: i'd like to see that again. >> you can have cyclical. you sound like donald trump, donald trump says 6% growth and we'll cut taxes by 12 trillion dollars, i mean-- >> i'm asking again. >> ultimately the elections will be between two people. i believe those people will be hillary clinton and donald trump. and for whatever criticisms you have of hillary clinton, which right now we're just focused on criticisms of her, it will become a compared to. when you start looking at the insanity that's coming out of the trump campaign on a regular basis, i don't think we're willing to take that risk. stuart: okay. we'll leave it there. let me see a smile. there you go. [laughter] i don't want to get too nasty this morning in the middle of our a-block. austan goolsbee, always appreciate it, thank you. let's get back to the markets. where are we now. we're looking at the futures, an indication of how we open, and should be up another 20-odd points and that would put us within striking distance of 18,000 and we're what, less than 500 points away from the all-time record close for the dow industrials. here is why we might be up more. the price of oil at $50 a barrel. and 49.92 now. oil up, stocks up, that's been the rule of the week. abercrombie & fitch, down for the 13th straight quarter and they're going to take a hit today down at 22 a share, down at $3 lower. sales down at sears. they'll be pretty much unchanged on the day. how about netflix? now, there's a stock that's going to pop at the opening bell. should be up, $3 or $4. liz, you'll tell me why liz: there's word out according to bankers, that apple may want to buy netflix. apple is on the lookout for content. thought to be time warner. watch netflix stock possibly pop at the open. so this would-- >> did i hear you right? >> yeah, you did hear me right. stuart: apple thinking in the background of buying netflix? >> speculation from bankers. this would be tim cook deploying that massive cash and equivalence pile more than $200 billion. market value. no word from netflix, whether they would put themselves up for anybody. stuart: they're worth 40 billion and apple has over 200 billion cash. >> apple is on the move. stuart: i want to see how this shakes out. good stuff. now this, 11 states suing the obama administration of the transgender bathrooms. all rise. judge napolitano is here. >> still reeling from goolsbee's misrepresentations and i can't wait to address them in the 11:00 hour. stuart: a lot of time for you. and he's not a lawyer. >> this story is profound what we're going to discuss now. stuart: can i get my two cents in right here? >> you're the anchor, of course. stuart: is it clear that president obama, what he wants is for any child to go into any bathroom of their choice in school? that's what he wants. >> yes. stuart: any child. you choose the bathroom. if you're a boy, you can choose the girls's bathroom if you identify that way. >> yes. stuart: if i disagree with that policy, i am a bigot, am i correct? >> it's worse than that. if you run a school district and you don't enforce that policy and you regularly receive federal funds, he and the people on the federal government that work for him, are threatening to withhold those federal funds, which, of course, would be catastrophic because so many local school districts and states for that matter are dependent upon the federal spigot of cash. stuart: it's a state versus federal issue. does the federal government have the right to dictate bathroom policy for every school in the nation? >> that very issue so nicely articulated by you is laid before a federal judge in texas this morning. the lawsuit was filed yesterday. it's 11 states of most in the south, plus utah and maine, challenging the federal government's imposition of you will change your bedroom policy or we will hold back our cash and it all turns on the meaning of the word, we all use every day, sex s-e-x in the 1964 civil rights act. when they wrote that word and prohibited discrimination on the basis of sex, did they contemplate gender identity? >> i guess not. >> well, we have used gender identity since then in statutes prohibiting hate crimes. so, if you commit a hate crime based on gender identity, you have committed a federal crime as well as a state crime. punch somebody in the nose because you hate their gender identity, you've committed a simple assault under state law and also a federal crime. the obama justice department is arguing that that language in the hate crimes statute made a jump into the civil rights laws and therefore, allows the word sex in the '64 civil rights law to mean gender identity in the schools today. this is an enormous leap. an enormous extrapolation, i predict will be rejected by the courts. stuart: rejected by the courts? >> rejected by the courts. stuart: it might well be rejected by the mass of america's voters. we're told that our seven-year-old daughters and granddaughters will now have to go to the bathroom with boys. it's outrageous. >> i'll give you consolation. you are told that, absolutely. but in the complaint, they actually cite statements made on the floor of the house and the floor of the senate when the statute in 1964 was being crafted and some members questioned others would this prohibit all discrimination on the basis of sex. what about living facilities in schools where students live there and the response was, this prohibits inindividual -- invidious discrimination, reasonable separation of the sexes. stuart: i can't wait to hear from you at 11:00, full-throated on the hillary clinton mess. >> looking forward to it. stuart: protesters marching on mcdonald's headquarters, they want $15 minimum wage. quite a crowd they've got there. more on that in a moment. check the futures market. are we now? i think we're opening higher 15 minutes from now. lions gate film, they've got a popular series, "orange is the new black", that stock will open higher. now this, disturbing video from venezuela, citizens fighting on the streets for food. they're eating garbage. it's a socialist country and it's collapsing. and donald trump attacks senator elizabeth warren, bringing back an old scandal about her supposed native american heritage. you will hear what donald trump had to say about her in a moment. and later, karl rove, his super pac endorsing debby wasserman-schultz? odd couple, wait until you hear why. v ♪ amazing sleep stays with you all day and all night. sleep number beds with sleepiq technology give you the knowledge to adjust for the best sleep ever. save $500 on the memorial day special edition mattress with sleepiq technology. plus 36 month financing. know better sleep. only at a sleep number store. >> happening now in france. union striking at oil refineries, nuclear power plants, hubs. there's a labor dispute that. the government wants to make it easier to fire workers. the workers hate it. by the way, 40% of the gas stations in paris have no gas, problem. look at oil, this is why stocks will be up today. $50 a barrel, we got there for american west texas crude. 50.09 as we speak. how about apple? reportedly may be shopping for a streaming company. that's sending netflix stock way up this morning, probably 3% higher in a couple of minutes' time. back to politics, theres' a huge fight between trump and senator elizabeth warren. she set it off with this comment. >> donald trump was drooling over the idea of a housing meltdown because it meant he could buy up more property on the cheap. what kind of a man does that? >> all right, trump fired right back at her, listen to this. >> pocahontas, elizabeth warren, i call her goofy. she is-- no, no, goofy. she gets less done than anybody in the united states senate. she gets nothing done. nothing passed. she's got a big mouth. stuart: please note, the use of the word pocahontas. i'm sure you noticed it. you in that's a reference to senator elizabeth warren who claimed to be a native american and allowed her to get a job as a harvard professor. she is not a native american. she cheated. >> well, okay. she's apparently 1/32 cherokee and there's a debate whether that's sufficient enough to claim, and reporting here, i'm reporting not opining. stuart: this is the left standard bearer, cheats, and harvard, look we're so progressive, so diverse, it was a lie. >> stuart, let me educate you. she's 1/132 cherokee. there's a debate if that's enough enough to claim you're native american. stuart: she claims it, can't prove it. >> ute of texas said she's white. and then she said she's a minority. here is the thing, donald trump, he is-- >> you can't throw-- >> and he's going after-- >> doesn't work, you can't throw it off like that. elizabeth warren cheated ethnically. >> her mama and papa told her she is and therefore she is. stuart: check this out. i'm not sure it's going to work, but the french artist made the famous pyramid and appeared to make it disappear. look at it from the right angle. >> it's ruining us, it's not harry potter's magic cloak? >> look at the futures one last time. we're within striking distance of 18,000, another good rally and we're there. back in a moment. .. stuart: it is 9:30 precisely. we are off and running, thursday morning, the market is open and we opened a little bit higher, probably going up 20 or 30 points, i want to start with netflix. it has opened well above $100 a share, 2.6% point gain. why is it up? reportedly apple wants to buy a streaming and media company. what comes to mind? netflix and apple can afford it. to discuss all of this, elizabeth mcdonald and dan in chicago. does it make sense? netflix in play as an apple purchase, pure speculation, does it make sense? >> it makes sense from this perspective, apple is trying to get more and more into every aspect of the home, tv etc.. apple tv is in the fourth generation and this is the golden age of content so everybody pushing content out, the many netflix series we love to watch. i do think it makes some sense. >> give me the numbers on the money because theyan afford to do this. >> so tim cook looks like he is on the move, $206 billion in cash, market cap for netflix $40 billion, the play, basically netflix has a growing subscriber base around the world. neil: we will check apple in a moment. stuart: i will check the broader market, we are up 23 points. we are on 18,000 watch again, 140 points away from it. dan, it seems like this market wants to go bearing in mind the performance this week. >> the market has been confident. we have seen economic data stronger than suggested earlier. we don't have a lot of problems out and about in the world to affect us right now. the problem is breaking the 18,000 level and getting to new record level territory. we need a bigger emphasis than what we have seen economically and if we get it that will put us through the top. neil: i sent some excitement in the market. it does want to go up, it wents to. we have been in the pool bags on for many weeks. we have one daily range so the movement of the day to get to 18,000, one more daily range above that to get us to the 9-month highs so the markets try to get up and test those highs, that is where we have some problems. i expect first time we see that rarefied air we will pull back a little bit. neil: there is limited the excitement. stuart: don't forget about oil. this is why the market has been going up this week, we went to $50 a barrel earlier today. what is this i hear about chevron in nigeria grounding because of strikes on their facilities? does that make a difference to crude oil this morning? >> i don't think that is making any difference but crude oil is helping. what we have seen the past few weeks is an inventory drawdown. that is the biggest story because we all know supply is extraordinarily high, that is starting to whittle down, equations coming back and balanced is the bigger story. rick the us shale industry. here is the play, watch it. saudi arabia and opec, pushing 11/4 million barrels a day. we haven't seen it that low since 2008. could be a mini bull run here in oil if iran doesn't get up to speed as rapidly as we thought. stuart: oil up, stocks up, that is what we are seeing now. how about abercrombie and fitch, it is still around, sales down, slow shopper traffic cutting by 10% like that. chico's women's apparel, lower profits, down 6%. sears, sales down again but stock is up because it lost less. >> they are top brands. the premier assets at sears considering selling. kenmore, craftsman tools, those of the long favored sears assets. stuart: i have been in my time a shopper at a discount clothing store known as burlington store known as burlington coat factory, they raised their outlook, profit up 46% and that stock is up 6%. do you like any of the names we just ran through? >> there are lots of names, the big main line stores may seize those types of stores, stay away from those retail stores, retailers i do like, the discounters, you have dollar general, dollar tree, discount burlington coat factory, they are doing well. if you look at stock charts they have been holding up highs were all the retailers i getting crushed so if you have money to put the work in retailer the discount is avoiding luxury names, tiffany and others. neil: do you own them? >> i don't own any of those. stuart: we are going to go through them. amazon at 7:08 this morning, alphabet, 7:39. how about facebook, 121 was the all-time high, 118 this morning. never forget twitter, we use it every day countless times in the media, dropped to 13 a couple days ago, 1436 as of now. how about this? lions gate films make the popular series orange is the new black. how good is it? nicole: that is good news. orange is the new black, television operations did well for lions gate to obsessed stock that they sign their movies so we are seeing clips that certainly help them along and they beat the surprise profit. in after-hours stock soared 10% roughly 2% now but we did see up arrows. the divergent series, those are misses. it is numfour-1/4%. stuart: we need you for all these names a series that i don't know and you do know, thank you very much indeed. more minimum-wage protests at mcdonald's headquarters, stock price of mcdonald's well off of its all-time high, it is 123. looking at life pictures outside mcdonald's headquarters, rallying, $15 an hour minimum wage across the board. that is going on right now. we are back to it shortly. look at this. sally the salad robot. this is a prototype that will be available by the end of the year, works like a vending machine dispensing salad ingredients. that happens when you get $15 an hour at mcdonald's. liz: exactly right. we have a french fry robot and a doughnut robot and a salad robot. numerous complaints about workers not washing their hands. maybe half wash their hands. people are worried about contaminated food. one in 10 errors in food ordering by regular human beings giving the order so people are saying wait a second, robots could be cleaner and could get your order correct. stuart: they have a coffee dispenser with no interface with human beings. no interface with people whatsoever. >> an order taking robot called an ipad where you order your self. stuart: more on these robots, the apple and samsung supplier replacing 60,000 workers with automation. robots are taking over. liz: this is striking. news reports that apple and samsung would cut their employee head count by half, down 50,000 from 110,000. this is action that has to be picked up by other reporters in the media and the unions, the robot revolution is upon us. stuart: cost of labor in china is going up so you replace labor with a robot just like you do in fast food operations in america, replace expensive labor with technology. that is what you do. liz: robots don't need healthcare. a little maintenance now and then. stuart: we told you about apple exploring charging stations for electric cars and also wondering about innovation from apple. it seems the car, forgive the pun, the vehicle of the future for apple product and apple technology. all kind of development in that direction. >> so much talk about peak iphone sales and they have their cash cows that continue to dominate the market but can they grow as fast in emerging countries like india to be able to push the business up? most people think know, the next big push for apple has to come from innovation leap. they have been spending money on automotive engineers, looking at all kinds of different things in this field and everyone is waiting with baited breath to see what they come out with and i think that will be the next change in apple stock. stuart: the car. >> the automotive industry whatever they do, ridesharing cars, electric vehicles, all kinds of speculation in those areas. stuart: what do you say about the car being the vehicle so to speak for apple innovation? >> opening up to a lot of possibilities. electric vehicles are starting to gain popularity with lower models, charging needs to be done in them and that is one of the big drawbacks, if you drive a tesla it has good range but if you get to the point you don't have it no charging station, 6 or 7 hours to charge it so they are going in this direction and it is a good way to go. stuart: moving on. long lines at security at the airport, plus tsa still wants more money. here is a look at the airline stocks, yesterday ron paul told us security should be the airline's responsibility. they are down today. maybe they don't like what is happening at the airports this summer. cheryl: american airlines saying they had 70,000 customers miss their flights because of delays in airport screening, 70,000 customers at american airlines alone and that means 40,000 check bags were missed. will the individual get their tickets refunded? likely not. stuart: all the airlines are down and i suspect that is because of long lines at airports. it is what everybody is talking about. can you imagine you are a family planning a vacation this summer, you have got to go by plane, i would think twice about flying. >> more friction for customers, tougher for customers to do business with you they will do less of that, they will find a way to drive, do something else, not good for airlines. stuart: i'm going to get back to politics, getting back to politics. does this rally, not a great rally at the moment but the last 3 days it has been. does this rally have anything to do with the rise of donald trump and the split among democrats? to you first. i am really sort of on shaky ground with this but i want to know has the election process so far had any impact on stocks? >> a month and a half, two months ago when things were in flux it did. it had nothing going for it right now. we kind of know it will be hillary/trump, we don't know who it will be. until one of them gets in their won't be a terrific change early on so i say no, doesn't have any effect today. stuart: what do you say? >> short-term trump policies are more business friendly in the short term than the clinton policies. the clinton sanders divide gives as a boost in the markets and it will be interesting to watch at the end of the year, the sniping back and forth will show us trump better, clinton not so much. stuart: thanks for joining us one and all. big names, you know them, talking retailers, macy's, abercrombie and fitch, best buy, kohl's, lots of them. we call this the retail ice age because so many big-name retailers have lost so much ground recently and reported poor sales. joining us now is kristen spence who watches the retail sector. are there any big names which you would say are in very serious trouble? >> a lot of names are in very serious trouble. macy's comes to mind. anything, the big-box retailer is in peril right now. a sunset industry. >> macy's, best buy, kohl's, take your pick, dillard, any traditional the apartment store is in peril. stuart: you have gone across the board. that is a lot of american retailing. you wouldn't touch it with a 10 foot pole. that is a big deal. >> it is. this is a structural shift we are seeing in consumer spending. the disruption that is happening is impacting and people are not paying attention to that especially retailers. they are the last to know which is ironic because their job is to serve the consumer. stuart: is it because there is so much more online buying and selling? that is the primary reason for this? >> i don't think it is the only reason. there are a lot of things that play. online sales are only 7% total shopping so a lot of clicks and bricks if you will. i don't think that is the only thing at play but definitely big-box retail is past its prime. stuart: you have a special bad word for tiffany. >> good companies behaving badly. every girl loves a blue box, i am no different but they are making a lot of mistakes lately. chasing the millennial consumer, now they are going into the watch business which is such a mistake because swiss watch exports i down considerably so that is the last business i would want to be in in the luxury sector. stuart: we should come to you more often. what was it you said last time? women shop, men by or men -- women shop men pay? is that what you said? >> women spend, men pay. stuart: you are famous. thank you very much, you will be back. check the big board, we are up 25 points, 17,00878. everybody knows my next guest, karl rove. why is karl rove and his super pac endorsing democrat convention chair and leader of the democrat party debbie wasserman schultz? they said, quote, debbie wasserman schultz that's leadership has been a catalyst in the emerging civil war the democratic party and ensuring their nomination process will drag on far longer than that of the republicans. karl rove is here. that was a tongue-in-cheek endorsement, wasn't it? >> he has done so much to mess up the democratic primaries, great antagonism between the sanders campaign and the clinton -- she did such a terrific job in 2014 to help advance the republican cause of taking back the senate we thought the least we could do was endorse her reelection in the democratic primary. stuart: you are not actually going to donate money? >> no but we have done -- we know she might be offended by that so just put our strong language out there, strong endorsement making clear a huge effect on her. stuart: i will offer you an opportunity to answer two questions about democrats and everybody knows you are a republican but here is your chance. do you think debbie wasserman schultz will be the chair at the convention? second question, do you think hillary rodham clinton will be the democrat nominee? debbie wasserman schultz question first. >> she will be because it would be so awkward and so destructive to remove her. she has been such a loyal ally to hillary. hillary has a tendency to throw people overboard when it is in her interest but i'm not certain the chaos that would ensue by installing a new dnc chairman between now and the convention would be worth it from her perspective. of the one is hillary clinton the democrat nominee for sure? >> i wrote a column a week ago in the wall street journal about what would happen if she lost the fbi primary? she is 78 delegates from the convention majority. there are 931 delegates to be selected. he is going to get 78 delegates and a bunch more and be the democratic nominee unless the fbi primary is settled adversely to her interests. stuart: what happens if she loses california? >> she is barely had, 46-44. it is a proportional primary. assume she loses 55-45, say she loses 60-40, that means she picks up 200 delegates and only gets 40%, more than 200 delegates and all she needs -- stuart: it is a face. >> the same day we also have montana and south dakota and new jersey with delegates, their contest ends on 14 june with the district of columbia primary, she is going to get the 78 delegates even if she didn't get any more elected delegates, more than 78 superdelegates and she will end up winning the nomination by healthy margin of 4, 600 delegates over bernie sanders. think about this. this will be the first convention bernie sanders has ever attended either in vermont or nationally because he has never run as a democrat. he has defeated democrats in every race he has run or been defeated by them as in the case when he ran as an independent governor of vermont. the fact this 74-year-old self-proclaimed democratic socialist has been giving her a run for her money and today a new poll in california, 46 clinton, 44 sanders, shows how bad a candidate she is. >> supporter of debbie wasserman schultz, incredible. thanks, appreciate you being with us. drone strike takes out the leader of the taliban and a new leader has emerged. the man who killed usama bin laden is next on that subject and there is a new warning for people who live on the us/mexico border. watch out. you could get caught in cartel crossfire and we don't forget donald trump, protesters disrupting his rally in california gets violent, police use force to disperse the crowd, we have someone who was there. if you're taking multiple medications, does your mouth often feel dry? 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>> we can and we can't. if we are piecemeal link it together, the problems all come from the same place in pakistan, go in and hit them hard where they are and leave, we are trying to rebuild afghanistan, only parts of it want, the rest want to their tribal -- living under sharia law. i don't think the taliban and is a threat to western interests. they want islam in that part of it. stuart: the pakistanis support and protect the taliban and. >> it is different parts. it is pretty obvious. stuart: we have any leverage? >> we don't threaten that at all. we have cross-border operations, the want to kill usama bin laden, they knew he was there, they know, the islamic criminal -- they pretty much running the taliban and, this other guy, getting help from pakistan, we know they were holding bowe bergdahl and things like that. stuart: when you went after usama bin laden in that compound did you tell them you were coming? >> absolutely not. that was brought up around the room full of operators, if we gave even a hint that we knew where he was he would have been gone in a day. stuart: and intensely private -- >> of course it was. pakistan wants to be a friend as long as we have what they want. the center of the universe. stuart: what are we afraid of? why don't we exercise leverage? >> we are afraid to be labeled something, to look mean. we can kill people, but not do it too inhumanely. it is a part of war the past few decades. it wasn't a problem. stuart: rob o'neill, thank you. common sense, we just love that. next hour coming up, hillary clinton, a flawed candidate, damning state department report on emails. we will play you the soundbite. the mexican drug cartel at the border, a fresh warning, you could get caught in the crossfire. europe's migrant crisis, record numbers of syrian refugees admitted into this country and the obama administration wants to let in thousands more. two minutes away from or "varney and company". if you're going to make a statement... make sure it's an intelligent one. ♪ the all-new audi a4, with available virtual cockpit. ♪ stuart: what was that i hear? you had a bad day? that is how donald trump described hillary's bad day. watch this. >> crooked hillary, she is as crooked as they come. she had a little bad news today as you know from reports that came down that were not so good. the inspector general's report, not good but i want to run against hillary. don't know if you will be able to. could be we will run against crazy bernie, he is a crazy man but we like crazy people. stuart: very watchable. it is all politics and we will get to that in a moment. let's tell you what is going on in the markets. we are dead flat for the dow industrials, about 150 points away from 18 k, not quite there today. how about oil? we were at $50 a barrel earlier, $49.72, has oil backed up a little? let's look at netflix, stock is moving up today, $3 gain, almost 3%. deirdre bolton is here, tech guru, speculation, pure speculation that apple wants to buy a streaming company and netflix pops up. >> speculation, the ceo of apple, timko cannot in the room, not even part of the conversation. this is more a brainstorming exercise but what it does show proves content is king. apple has $178 billion on the balance sheet so if apple wants to buy a company it is in position to do so, look at time warner stock, that is up for the same reason, hbo, cnn and warner bros. entertaining. stuart: streaming content companies on this speculative -- >> what is not speculation is apple seems to want to buy a media company. notice the question of which one. the streaming model, everyone is flocking to netflix thinking this make sense. it is an over-the-top product, streaming, this would fit pretty well into epilepsy universe. stuart: what we have is netflix up, time warner up, a couple of the content companies up, apple holding, $99 a share, it is all speculation. some news on the housing market. mortgage rates. >> like take up from 3.58 last week but here is what is going on. we have not seen mortgage rates this low ever since they started tracking in 1971. what is happening? fears of a fed rate hike could be coming in, russia could start buying houses, mortgage rate slightly higher. stuart: 3.64. are you kidding me? when i bought my first house ever, late 1970s i got a 12.5% mortgage. i thought it was a bargain. >> it was a bargain at that time. we are monitoring that hearing on capitol hill, the tsa hearing on long lines at the security place at the airport. the tsa chief says he needs more money to fix this but even with more money he says get used to long lines, they are here for the summer and get to the airport three hours earlier. >> this is fly the unfriendly skies, like preparing for a military battle to go through an airport right now, breaking news last hour american airlines executives testifying 70,000 people missed their flights because of the delays in airport screening and 30,000 bags. stuart: that is a key note, 70,000 people on american airlines missed their flights because of the lines. earlier we said was hundred that chicago. >> thousands. >> now 70,000. if i was planning a trip this summer with my family and flying i would think twice. i really would. i have flown with 6 kids, three hours in a tsa line is not fun. i am being pressed to get to donald trump and hillary clinto hillary clinton's bad day, attacking her on benghazi as well. >> remember the famous ad when they call at 3:00 in the morning who is going to be there to answer the call, she was supposed to say i am going to answer the call. she was sleeping. hundreds and hundreds of emails and calls and they kept calling and she was sleeping. she was sleeping. i don't sleep much. stuart: that is one line of attack, benghazi but there are plenty of opportunities specifically the latest on the email problem. doug show it is with us, former clinton advisor. i say former because clearly you are not advising hillary. this is a huge problem and i have to ask the question. at the end of the day do you think hillary will still be the democratic nominee? >> ask me after california. if she wins california she absolutely will be. if she loses california and there is a report the fbi or the justice department that is either damning or indicts one of her staff or potentially even her, all bets are off. stuart: she could be removed. >> i don't think it is likely. she is likely to be the next president but she is not out of the woods. stuart: i think june 7th, the day of the california primary is the new big day. she has got to win. >> completely agree. new polls show it tightening. bernie is exceeding his poll numbers in every primary election so far. it is at best 50-50 for the secretary. of the one the latest poll i saw, reputable organization, 40 hillary, 44 bernie. this is a dead heat. hillary has lost a lot of ground. bernie is a socialist. >> he is. stuart: we know that well. hillary is in real trouble. there i mention the word joe biden? would you discount that totally? >> i am a political realist. the democratic party will be hillary clinton as long as she has the delegates and people think she can win. it still looks like she has the delegates. we will see june 7th what happens. if she shows weakness the superdelegates could begin to defect. if there is any doubt about her candidacy, joe biden says every day he wishes he was in the race, potentially get closer to jumping in. stuart: do you think it will come to that? >> it could. if elizabeth warren runs, that would be compelling. stuart: joe biden for president, vice president elizabeth warren. >> that is in the wings. stuart: what do you mean it is in the wings? you know the democrat party. i people talking about this? >> they are indeed. one thing i want to suggest before we go, sanders is not going away quietly. he will have a claim to the nomination that will be compelling. we just do not know what is going to happen in philadelphia. secretary clinton is the favorite but there is a big but. stuart: you are democrat. >> yes. stuart: left you behind. >> i am with you. yes i am. stuart: i am a free-market guy, cut taxes. >> when i was in england i was embracing the right and writing about immigration. i don't want to say where you were. >> it was 50 years ago. >> i am the same man today. stuart: i have more for you. you are not getting out of here. silicon valley investor says he did in fact help hulk hogan's lawsuit. cheryl: looks like he spent $10 million to support whole cogan's fight. what is going on here? peter teal anger with gawker for outing him in 2007 calling them psychological terrorists like al qaeda. what is happening too, whole cogan is in a big fight over a sex tape. stuart: the bottom line is a wealthy man, multibillionaire guy, fans -- founded paypal etc. he is using his financial muscle to beat somebody abusing the legal system. >> it is not illegal. you may question the ethics, or his use of time and money but what he is doing is not illegal. it has happened before. he hates nick, he wants to see him, the founder of gawker, to be broke and in the gutter. stuart: i haven't heard a good word about gawker from anybody. liz: they are not a reputable journalistic outfit. they get close to the other side, they are not fair and balanced, there is no credibility. peter teal said he supported different types of journalism. stuart: last word? >> he is a libertarian who supports freedom of speech but does not appreciate celebrity attacks especially when they happen to him. he held a grudge. stuart: i am with the guy. the fight continues, $15 an hour minimum wage. lots of protesters are marching on mcdonald's headquarters just outside chicago. jeff flock is there close -- you have a fox microphone, fox all over you. feeling endangered? >> i am on their side. i am the balanced part of fair and balanced so not a problem. you can see police officers here at mcdonald's headquarters. i have breaking news for you. the protesters are boarding buses heading somewhere else. most important i know how you feel about the fight for 15. i have terrance wise with me and i want you to answer stuart's concerns, he says if you get $15 they a lemonade jobs. what do you say? >> we know if you put money in workers pockets like myself we are not going to sit on it or hide it. i'm going to buy my kids clothes and more shoes, entertain my family, fly and see my mother and put money in the economy. >> former ceo says it will be replaced with automation, robots. >> we know corporations are in business for profit. of automation would save mcdonald's money and make more profit they would have done it already. >> there you go. fair and balanced. stuart: it was fair and balanced. watch out for the mike. jeff flock, back to you later. now this. a powerful transformer explosion caught on camera in st. petersburg florida, firefighters standing near a smoking manhole, a transformer caught fire, firefighters back away just before it explodes shooting flames, smoke in the air, scaring -- nobody was hurt. cameras everywhere, you catch this. liz: look at that. stuart: we told you it was coming. president obama is in japan and is slamming donald trump on foreign soil, that is next. stuart: happening right now, this may be the biggest idea you never heard of, us foods, the distributor, they sell to restaurants, one of the largest private companies in america, now it has gone public, started trading. liz: the second biggest ipo of the year. they sell packaged foods we know and love, restaurants and hospitals, hilltop, desserts, look at this stock moving higher beyond this ipo price. it will be priced at $1 billion, making this offering, pretty good ipo coming out. stuart: it was the 10th largest private company in america. now a chunk of it has gone public and the stock has gone up 5% from the initial offering price. any idea how much they will raise? liz: they had $20 billion in annual sales to a pretty decent company coming into the market for the first time. we want this is coming out today, you have to google it to find out what it is, never heard of it. it is like cisco. liz: cisco owns it. stuart: we are off and running, us foods started out its journey in the public arena. 24, 25 is the price of 5.5%. not a bad start. now this. a record 529 syrian refugees have been welcomed into this country just this month. that is a record for the month. not a single christian among them. ambassador john bolton is with us. that is astonishing. not a single christian? go ahead. >> it shows what the state department's priorities are. even the state department acknowledged christians have been the subject of genocide by isis and yet they come into the refugee camps, they fear persecution once they get there. we are admitting people the obama administration itself and senior officials have acknowledged they cannot adequately that. this is clearly pursuing an ideological objective, not one that meets the test of national security of the united states. stuart: what is the ideological objective? is it flat out bring more muslims to america? is that it? >> i think it is an objective that goes to something secretary of state john kerry leapt out a few weeks ago, you will need to get used to borderless world that is coming. if you think a country and its population are simply the people who are within a couple artificial lines at any given time you don't care who comes in because everybody all around the world is equally entitled to it. i don't think obama would ever say that explicitly but i think that is on his mind which stuart: donald trump has said if he were president first thing he would do would be to impose a temporary halt to all muslims coming into america. what do you say to that? >> that is a mistake. the problem is not muslims. the problem is radical terrorists who are muslims and what we need are screening devices to keep those people out. we don't have them now. so i think what you have to look at is getting the solution to the problem and not overcompensating for deficiencies we have now. stuart: would you hold on for a second? i have breaking news coming on the trump campaign. >> donald trump has secured the number of unpledged delegates he needs to be the gop nominee. donald trump hitting the number of delegates he needs to secure the gop nomination according to the associated press, phone call to unpledged democrats and the delegates, delegates. this is ahead of primary still not conducted in places like california. stuart: he has the delegates he needs. liz: he hit 1237. of the one coming back in again, president obama has been talking about donald trump today from japan. he has said world leaders are aghast, that is not his word, that is my word, at donald trump and what he is doing. what is your comment on that? >> i think american voters shouldn't make their decision about the presidency on the basis of what foreign leaders think. they should make it on the basis of what they think is in the best interest of the united states. there is a real conservatism with the foreign governments, when american elections coming to view. they would prefer there not be any change, they would rather deal with what they know. if you took a poll they overwhelmingly say they vote for hillary clinton because they are familiar with her. they think and i do too that she will be obama's third term. their opinions are entitled to respect, everybody's, americans will disregard them. stuart: would you pass judgment your self? you are a foreign policy expert and foreign ambassador to the united nations, you know what is going on. what is your opinion of a possible trump presidency? >> i will support him for the presidency, the alternative is hillary clinton, i find is a relatively easy choice, american allies around the world will respect a president who believes in american strength and one who is committed to rebuilding the american military which hillary clinton definitely is not. stuart: thank you for joining us again this morning, appreciate it, thank you. stuart: split this time in israel and the middle east. and we have details in a moment. 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. stuart: i am going to call it dead flat, two days of maze games, we are up two points checking the big board, the price of oil at $50 a barrel earlier, now 4973. gas national average 231, it was $1.69 on february 15th so it gained $.60 a gallon since mid-february. higher profits at the dollar store, dollar general and dollar tree and both of them better profits and both moving very nicely. the cheaper stores, the discounters are doing very well indeed. i want to bring you up-to-date on the sanders campaign, bernie adding professor cornell west and minister congressman keith ellison to his platform, policy drafting committee for all the democrats. both of those people are outspoken critics of israel. doug showing his back, former clinton advisor and supported. those people, cornell west and keith ellison are extremists, vigorously anti-israel. what is bernie doing dragging the party in that direction? >> the best way to start, he is not a democrat, he is a socialist and clearly is not a supporter of the state of israel in the way that most jews and democrats are. stuart: they are now on that platform, the policy drafting committee, they will make their presence felt. >> a few problems, sustainably they are outside the mainstream. second if secretary clinton or even joe biden is the nominee they have to run defending a platform that with those two on it will almost certainly be indefensible. stuart: in previous elections the jewish vote has gone at least 70% democrat. with these two guys on the platform drafting policy for the candidate what will be the proportion of the jewish vote the ghost of a democrat? >> we don't know what they are going to say. donald trump himself has said he wanted a balanced approach. i don't want a balanced approach. i want israel to be first and foremost, stable democratic ally of the united states in the middle east. i still think democrats will win the jewish vote if only because of historical trends but it could be reduced. stuart: 70% or less. any idea what the reaction of american jews is to donald trump? he made a big speech, relatively well researched. >> we are still in a wait and see basis, where he stands on the middle east, where he stand on lots of other issues. stuart: are you shocked by cornell west and keith ellison? >> i am not shocked. it reflects bernie sanders's extreme ideology. he is not a man in the mainstream. i was with my tutor from oxford last night and said where was i 40 years ago? he said you were a humphrey democrat. today i am a humphrey democrat. that is very different from them. they are way out of the mainstream. stuart: thank you very much. reports out from the associated press, donald trump has reached the number of delegates he needs to clinch the nomination, 1237. we have more on that story after this. it's the little things in life that make me smile. spending the day with my niece. i don't use super poligrip for hold, because my dentures fit well. before those little pieces would get in between my dentures and my gum and it was uncomfortable. even well fitting dentures let in food particles. just a few dabs of super poligrip free is clinically proven to seal out more food particles so you're more comfortable and confident while you eat. so it's not about keeping my dentures in, . . . . i don'or wonder whether i theshould seek treatment.c. i am ready. because today there's harvoni. a revolutionary treatment for the most common type of chronic hepatitis c. harvoni is proven to cure up to 99% of patients who've had no prior treatment. it transformed treatment as the first cure that's one pill, once a day for 12 weeks. certain patients can be cured with just 8 weeks of harvoni. harvoni is a simple treatment regimen that's been prescribed to more than a quarter of a million patients. tell your doctor if you've had a liver transplant, other liver or kidney problems, hiv, or any other medical conditions, and about all the medicines you take including herbal supplements. taking amiodarone with harvoni may cause a serious slowing of your heart rate. common side effects of harvoni may include tiredness, headache and weakness. i am ready to put hep c behind me. i am ready to be cured. are you ready? ask your hep c specialist if harvoni is right for you. stuart:down ispoints. still fairly flat thus far. we have burlington stores. known as burlington coat factory. that is where i shop. up 46% on profits. the stock is nicely higher. 6.8%. >> nice pop. stuart: discounters doing very well in the retail wars. >> that's right. stuart: costco dog doing well up 5%. at 152. williams-sonoma, upscale kitchen stuff, 40-dollar spatula. that stock is down a half percentage point. all over the place today. but donald trump is going to shale country. he is speaking at a oil conference in north dakota. former shell oil president john hofmeister is with us. you know fracking has got to be topic number one when trump meets north dakota today, right? he has got to be in favor of fracking, surely? >> well i think oil and fees production is of course number one the tool to get there is fracking properly regulated. it's a safe practice. it has been around 60 years. fracking will be a part of oil and gas future which is critical for this country's domestic energy future. when you see what is going on in the middle east. why wouldn't we invest in our energy future. stuart: that is what i ask hillary clinton and bernie sanders, if they get rid of fracking, you don't have as much chance being energy independent, take away cheap home heating oil and cheap natural gas from poor people. you don't have a leg to stand on. >> you depress the economy and you're exactly right. the people hurt hardest are poor and middle class which they say they support, not by their energy policy, not at all. stuart: are people like you getting together to get behind donald trump? >> at this stage i'm not personally involved because i'm waiting to see how the behaviors play out in the primary session. but as we move towards the general, yes i'm sure i will be involved one way or the other. stuart: when you say involved, i mean who will get your support? >> at this stage i really don't know. i have been unimpressed on both candidates so far. bernie sanders is out on a limb be and some will cut it away. the trump idea of him behaving the way he behaves, and clinton, issues on integrity and honesty. something has to give. i'm right not category of none of the above, stuart. stuart: oil hit $50 a barrel this morning. first time it has been there a long, long time. you and i have a discussion on this. you still think oil is going higher than 50 by the end of the year? >> absolutely and the reason for that, saudi arabia's economy is in deep trouble. russia's economy is in deep trouble. the only cure for those two very important economies is higher oil price and both sets of leaders know that. as we progress through the year, there has got to be an accommodation between the russians and the saudis on the level of production to yield a higher oil price and when their production declines, in addition to the other production declines around the world, i think we will see a normalization of oil price in some somewhere between 70 and let's say $90 a barrel. i will pick it in the middle, roughly $80 a barrel. i think that is inevitable because the saudis can't continue, the russians can't continue without higher priced oil. the way they get it, cut back production, half a million barrels a day each. stuart: we hear you, john hofmeister. we shall wait and see. john, thanks very much for joining us. see you again soon. >> thank you. stuart: it is day two of those 15-dollar per hour protests in illinois. that is what the demonstrators want, 15 bucks an hour t coincides with mcdonald's annual shareholder meeting just outside of chicago. our next guest is the very familiar with the wage issue. he is chairman and ceo of bennigan's and stake and ale. >> always a pleasure, good to see you, stuart. stuart: the response across the rest of the world to $15 an hour page push is to automate. a lot of restaurants i go into you have a tablet, that is how you order, you don't have a wait staff. is that what you're doing at your chains? >> no. i have been on record saying i will never abdicate from the service connection that our service, our people, provide to our guests going to a tablet. i have never seen a tablet talk about our menu. i've never seen a tablet do a refill. i think that is the wrong direction especially for those in my category which is casual dining. stuart: what are you going to do then in your area, casual dining? if you're not going to automation, how are you going to accommodate $15 an hour, or $12 an hour, whatever it is, but a significant jump in your labor costs? >> it is, when you go from 7.25 to $15 conversation that is significant increase. anyone who puts forth a notion, we as an industry don't care about our people that make the brands come alive is ludicrous but there needs to be a very calm, very deliberate, very intelligent conversation about how to take the wage and increase it over time. but in terms of how we deal with it right now, you know, even with mcdonald's, 90% of mcdonald's is franchised. you're talking about small business entrepreneurs that provide jobs to people around this country. in fact, the statistic, i'm not a mcdonald's spokesperson, but i can tell you this, one in eight people in united states of working age has worked at mcdonald's one time or another. so i think this move, this protest in front of mcdonald's should be a standing ovation because these people provide jobs, they provide training, they provide a start. stuart: what are you going to do, paul? >> they will get a start to many, many people into the business. stuart: what is bennigan's growing to do? >> we've already started doing. we've been working on this, any smart operator of any brand is working on this look, you want to train your people. stuart: are you going to cult staff. >> you want to cross-train your people. no. in fact we add staff in certain areas. stuart: i'm sorry to badger you paul, i don't mean to do this but you know, i want to know, what are you going to do? >> you know, well we are looking at automation as i said before. the automation is really in back of the hours to decrease the ticket time. but in terms of replacing people by robots, i think that is way out there and really should be a discussion, stuart, about what's the quid pro quo? if the unions and the governments in the states want to have this debate on higher wage, then we should also have discussion about lower corporate taxes, some incentives, some intelligent discussion how we can continue to do business because i'm telling you, if the smaller, more fragile businesses go out of businesses eliminates all jobs, who is the beneficiary of that? unions that get their dues? doesn't make any sense to me. stuart: we do hear you. we got it. chair of bennigan's. come back soon. thanks so much. >> thanks, stuart. stuart, checking stock market, still flat. we're down 13 points for the dow industrials. we have a couple of stocks to check individually. how about popeye's? where are we with popeye's today? down not very much, 29 cents. dollar general, they're doing well. all the dollar stores in general if i can put it like that, they are doing well. abercrombie & fitch, let's see them again, they are down big-time losing even more ground. 13% lower. the retailers, all over the place these days. market bear jeff zika is with us. i say market bear, i mean it. he is on the program frequently. you think stocks are going to go down ultimately across the board, but today you brought us two stocks which you think are going up? >> i want to talk specifically about netflix and disney. stuart: netflix first. >> first of all, netflix i think there's been this deal that's been in the making with disney that netflix would stream disney movies as an exclusive, as an exclusive service. i think this is monumental for netflix. one thing i can say i started advocating for netflix even on your show back in 2012 when the stock was $9 adjusted. looking at it now, now that they have signed this deal with disney. disney has about 40% of the gross of movie sales from 2010, it's obvious this is going to be a major accomplishment for them, being that they are the kings of content. stuart: yeah. >> at netflix. you heard the speculation this morning that maybe apple wants to buy a streaming company. >> right. stuart: they have got the money to buy netflix. maybe is part of the reason why netflix is up 3% today. >> right. stuart: just pure speculation though. >> i came out like i said in 2012 i said apple, was in article in the "wall street journal" and said apple should buy netflix when it was $9 split adjusted because they needed, they needed content and they needed what netflix had already achieved. now the fact that they are maybe in fact looking at this is ironic to me considering it is significantly higher than it was but it is something that if apple is going to in any way enter this arena, they need to have and need to go after this domination. stuart: do you own apple. >> no. stuart: you don't? >> no. stuart: netflix? >> yes. clients own netflix. stuart: got it. 103 now price target? >> i think 105, 107, i think it has got a shot. stuart: got a shot as oppose to all the others. jeff, thank you donald trump is in fine form in anaheim yesterday. he called mitt romney a penguin. elizabeth warren pocahontas. our next guest was there in the crowd. what he saw, tell us in a moment. i want to show you this. this is from a viewer from kelly , in mechanicsville, maryland. trump yard signs covering whole stretch of highway, goes for miles. only one bernie side and none for hillary. maryland is one of the most democratic states. look at the trump signs. ♪ you wouldn't order szechuan without checking the spice level. it really opens the passages. waiter. water. so why would you invest without checking brokercheck? check your broker with brokercheck. poallergies?reather. stuffy nose? can't sleep? take that. a breathe right nasal strip instantly opens your nose up to 38% more than allergy medicine alone. shut your mouth and say goodnight, mouthbreathers. breathe right. the usaa car buying app iwas really helpful.aa all the information was laid out right there. it makes your life so much easier when you have to purchase a car, so i've been telling everybody. save on your next car with usaa car buying service, powered by truecar. ♪ liz: remember "varney & company" starts 9:00 a.m. eastern time. here is what you missed last hour. karl rove on bernie sanders impact on hillary in the election. >> think about this. this will be the first convention, democratic convention bernie sanders has ever attended even in vermont or nationally because he never has run against a democrat. he has defeated democrats in every race he has run or been defeated by them in the case when he ran as independent for governor of vermont. so this is, you know, the fact that this 74-year-old self-proclaimed democratic socialist is giving her a run for her money, today new poll out in california, 46 clinton, 44 sanders, shows, how bad a candidate she is. ♪ >> is there any place more fun to be than a trump rally? [shouting] >> we won almost 50% in massachusetts. he has a tom brady shirt, yes! tom brady loves trump. guys says i love your hair, trump. do you believe it? this is what i have to go through. whether we love it or hate it is my hair. poor mitt romney. i have a store worth more money than he is. donald trump shouldn't run, he walks like a penguin on the stage. we will win so much you will be so disgusted with me. stuart: the news this morning, donald trump clinched republican nomination. ap says he has got the delegates, 1237. trump ever entertainer, held a rally in anaheim yesterday. trump delegate from california, james lacy. he wrote the book on california and he is with us now. james, now, quickly you were there last night. 7,000 people. >> i was. stuart: who was in the crowd? what was the crowd makeup? >> oh the crowd was absolutely tremendous. it was including a very large contingent of women who are business owners, entrepreneurs who have endorsed trump. but i saw latinos for trump. i saw chinese americans for trump. i saw all stripes of people. i have to tell you i saw salt. earth, nascar type folks, very enthusiastically waving their signs. i tell yous, these are among voters who are dispossessed. many people reflected in the audience haven't voted in year, they felt the government left them. they suffered economically. their ira's have gone down, their incomes have gone down under this obama administration. they see hope in donald trump. this is fantastic thing to go to trump rally. entertainment meets politics. there is nothing wrong with that. stuart: outside did you see any mexican flags being waved? i asked the question, james, i've seen the mexican flag waved freakily at anti-trump rallies. i think it is best way getting support for donald trump as you can possibly imagine. did you see any yesterday? >> well, absolutely they were there. i have to say, i don't have any animus to the mexican flag. my goodness, i'm from southern california, and i really respect hispanic heritage. mexicans were in california before my family was or before you set foot in san francisco when you came to this nation but reality is, is that these are democrats that are doing these demonstrations. they're funded probably, by public employee unions. same people i document in my book, that funded occupy movement. and they're taking advantage, frankly of -- stuart: did donald trump, did donald trump make a mistake calling out and opposing publicly new mexico's republican female latina governor? >> no i think she made a mistake in attacking trump to begin with. what is suzanna's martinez's endorsement any way? she endorsed marco rubio. she went to kansas and rubio came in third in kansas. she went to florida and campaigned for marco rubio and marco rubio lost so badly that donald trump walked off with all 99 delegates. you know it is unfortunate we have governors like suzanna martinez who haven't gotten memo that donald trump won the republican nomination. what we need for her and other people in the republican party to support our nominee so we can beat hillary clinton that is the goal. stuart: james lacy, i'm still dying to see if donald trump can win the state of california in the general. we'll save that for another day. james lacy. i take your point. thanks. senator elizabeth warren attacks donald trump. trump fires back. calls her pocahontas and says she is total failure. more vann any next. stuart: i'm staying actually on hillary's e-mails. i want to bring in congressman chris stewart, republican from utah. you're on the house intelligence committee. you saw the top secret emails on her private server. you said they were shocking and we would be shocked if we ever saw them. now even mainstream media calls her actions inexcusable. do you think she can continue as the presidential candidate? >> i don't know. i think she is in trouble. your former guest said she needed an image consultant. what she may need more than that is a very food attorney. we know she didn't comply with the law. we know she didn't cooperate with the investigation in any way. let's remember the federal records act, it is not a list of suggestions. it has the force and effect of law. and high-ranking officials especially have a special responsibility to comply with this law and the secretary very simply didn't. and it is not republicans making that claim. it is the obama administration reached that conclusion. this isn't a vast right-wing conspiracy. secretary has so much to answer too. stuart: not a question of judgment as opposed to a legal question or political question, it's a question of judgment. are we prepared to put hillary clinton in the oval office when she has put the nation's secrets on to a private server, lodged in her home, in chappaqua, new york? are we prepared to accept someone with that judgment as president of the united states? >> i hope not. i've been saying that for so long now. as you said, stuart, i read her emails. they are some of the most classified things i've seen in my experience in the military and on the intelligence committee. they do reveal classified sources. they do reveal human assets. they do reveal classified methods and sitting on her email in basement of her home. no one else in any position of authority really has done something like that before. again this is home-brewed server they actively tried to conceal that it even existed. stuart: congressman chris stuart, thank you very much for taking time with us this morning. >> good to be with you, thank you. liz: arizona border sheriff warning people who visit his county, well you better arm yourself or you could be caught in drug cartel crossfire. he joins us next hour. we're calling hillary clinton a flawed candidate. we have new state department reports slamming her use of a private email system. judge napolitano weighs in. and 11 states suing the obama administration over the president's bathroom decree on transgendered individuals. the attorney general from texas, state leading the charge. it is coming up. stuart: want you to take a look at this, the french at it again. protests in france. looks like they're beginning to get a little violent. what is going on here is protesters against the government's plan to make it easier to hire, i'm sorry, to fire french workers. they're on the streets. they have closed down the power stations. 40% of the gas stations in paris have no gas. looks like it might be getting violent any moment now, certainly as nightfall begins. we'll keep you up-to-date what is going on in france. look at the markets. we've taken a leg down for the dow industrials. right now we're off 42 points, just holding right there at 17,800. that means we're two unhundred points away from 18,000. liz, you want to tell me why? liz: oil on a mini bull run right there. we're in the in between period. who earnings to move the market higher. market worried about fed rate hikes. still trying to digest that in between periods. stuart: we'll take a 39 point loss. more protests outside of mcdonald's in chicago. look at mcdonald's stock, not much reaction to it. they're the protesters. what have we got there? liz: basically what is happening here is, this is the third year in a row that mcdonald's has shut down its headquarters in the face of these protests. so, is it going to be effective? will mcdonald's change? mcdonalds says they're paying workers more. backstory here, small mom-and-pop shops run the franchises. not the big guys. that is the question. stuart: the backstory, robots coming to mcdonald's near you because they don't want to pay 15 bucks an hour. got it. next one. may be biggest ipo of a company you never heard of. u.s. foods. it's a food distributor. it sells to restaurants and sells to institutions. it was one of the 10 largest private companies in america. today it went public. nice pop for the stock, up 8% last count with seventeen million shares traded. higher profits at dollar stores plural. people are spending more money, not call them discounters but low-priced goods arenas. dollar tree is up 12%. dollar general up 4.75%. what is going on? liz: we've seen the trend last four years. look at burlington coat factory, tj maxx, marshals. these are the stocks that are moving higher. this trend is taking hold a long time. the gap, michael kors, nordstrom they have to get on the stick and they are trying to appeal to the people who are cost-conscious. stuart: if you're price competitive you can sell well? liz: that's correct. stuart: if you're old line big box store -- liz: tiffany. stuart: you have competition from online from nordstrom and macy's you have a problem. liz: watch out. stuart: rough rule of thumb. disney ceo bob iger has harsh words for senator bernie sanders after bernie claimed disney creates income inequality. liz: so here is what is happening. top executives at disney confirming to me that, yes, bob iger went on his personal facebook page and blasted bernie sanders. bernie sanders was in anaheim, california near disneyland saying that disney is responsible for a culture of greed, for income inequality, for rigged economy. here you go. here is bob iger to bernie sanders. we create 11,000 new jobs at disneyland and anaheim in the past decade. our company created 18,000 in the u.s. this last five years. how many jobs, have you, bernie sanders created? what have you contributed to the u.s. economy? so bernie sanders is quiet. he is silent on the economic growth that disney has brought to the u.s. economy. you don't hear a word from bernie sanders about that. stuart: wonder how many jobs bernie has created in his 20 odd years in the senate? liz: he has been campaigning as anti-establishment figure. he has been in office since 1990. got a lot of big government spending wishes he wanted. stuart: woopty doo. hillary clinton in fight in california, dead heat with bernie sanders, 46-44, statistically dead heat. 12 days to go before the big california primary river and monica crowley is here. you were the first one to say on this program, you don't think hillary is the nominee. if she loses california, i think you're right. >> all hell will break loose when she loses california. when the numbers came out and i spoke to doug schoen and bill clinton's pollsters, he said if it is this close and trend is moving in this direction, bernie sanders will win california on june 7th. all bets will be off and you're right, i predicted since last august, actually that she is not going to be the nominee. and now that she is incredibly weakened at polls, thanks to bernie sanders, she is bleeding out politically and it makes it much easier to replace her. stuart: that poll was taken well before yesterday's email scandal, way before the viiv lens that takes place at leftist rallies these days, waving of mexican flags. i think her position in the polls might actually decline between now and juneth. >> yes, i agree with that. stuart: she could lose. >> the most problematic scandals for any candidates are ones that reinforce a preexisting negative notion about that candidate. in hillary clinton's case for 30 years her problem has been honesty. people perceive her as liar around untrustworthy. you have new revelations every day on email situation and clinton foundation. fbi investigation is still ongoing. associates like terry mcauliffe now reported to be under fbi investigation. all of this feeds into preexisting notions about her untrust court thinkness and clinton fatigue. stuart: admit it, you find it lovely. >> i do find it delicious. stuart: "wall street journal" editorial board dan henninger is here listening to this conversation. i say she is in deep trouble. i say she could lose california. if she loses california i don't think she will be the nominee. what say you? >> well i think that is a plausible scenario. it is not likely, i mean the democratic party is locked in but i agree with monica, i think doug schoen was remarking she is at this low level in the polls right now, middle of may. we'll continue to see polling. if we get up to the beginning of july and she is still sinking in those head-to-heads against donald trump. let's say she is five points behind donald trump, the democrats are going to be in a panic. they will go to that convention and i think they're going to start thinking plan b. i'll tell you, stuart, it can't possibly be bernie sanders. attacking disney? just losing it. stuart: it is joe biden, isn't it? >> it could well be joe biden. joe biden any polls get done below the surface is always way ahead of donald trump in head-to-heads. yeah, i think that is where they would go. stuart: you've been writing today about one of the themes on this program, government doesn't work. bureaucracy is just awful. i think you're agreeing with us, aren't you? >> speaking of disney. i took my cue from our poor veterans affair secretary bob mcdonald, why should people get upset waiting in line for care at veterans hospital. it is like disney. all about long lines, basically about the experience. i said wait a minute. long lines are a metaphor for the federal government. how about the lines at the airports a couple weeks ago, people were sleeping because they missed their planes because tsa couldn't process them. this government is getting so big and so complex it reached gridlock. it can't function. how about dodd-frank? you talk about dodd-frank all the time. people can not come to common understanding about the text in that 2,000 page law. the problem is, we know it is big. we know it is complex but the procedures are so complex they can't even fix manifest problems sitting in front of them. they just fester. stuart: we've known this all my life i've known the government is bureaucratic, it doesn't work, it is not efficient and you get lines but we keep going back to it. we keep thinking, oh, government is fair. >> let's get political and partisan though. hillary clinton is explicitly running making all of these agencies bigger and more complex. her policy proposals promust be up to 2,000. you listen to debates talking about wongerry and adding on to stuff already there. bernie, you can't think about him. donald trump has opportunity to say here, look, folks, what they're doing isn't working. we have to pull it back. hillary clinton will be more of the same and the same is, the veterans affairs department. stuart: i think you got it. got it right actually, henninger. >> thank you. for once. stuart: you're welcome. see you next week. check the big board, coming back a little. we're down what, 40 points as of right now. 39 to be precise. price of oil hits a bucks a barrel earlier. now it is on the downside, losing 24 cents. maybe that's why, the rule is, oil up, stocks up. oil down, stocks down. that's what we've got today. how about netflix? it is up because there is a whole bunch of speculation about apple reportedly being interested in buying a streaming media company. that's what netflix is. netflix is worth $40 billion. apple has got 200 billion cash. they could afford it. netflix's stock is up. and now this, sheriff paul babeu, in arizona, he said there could be cartel assassinations this holiday weekend and he said you better be armed if you go down there. he is next. >> we're putting out particular advisory just with heightened threat posture that we're seeing in the activity. if you're going to travel there, be armed. if you're a citizen, to be armed and do not be a victim. protect yourself, protect your family. ♪ [ male announcer ] tora bora fallujah argonne khe sanh midway dak to normandy medina ridge the chosin reservoir these are places history will never forget but more important are the faes we will always remember. ♪ stuart: we continue our coverage of breaking news from france. what you're looking at is labor protests and what these people are objecting to is the french government's plan to make it easier to fire people. it's a socialist government but they want to make it easier to fire people, the people object. big demonstrations in france right now. i keep repeating this, 40% of the gas stations in paris have no gas because of these protests. another story from france, mcdonald's headquarters there raided. liz: here's what is going on. the french government sent mcdonald's reported 336 million-dollar tax bill. why? they're saying mcdonald's owes taxes on profits that basically is funneled through luxembourg and switzerland. so the french government doesn't like this. this comes fast on heels of tax raid of google. stuart: so the french pick on successful american companies while their own work remembers revolting in the streets and shutting businesses down. liz: see how fast those businesses wind down there. stuart: look at this. this is disturbing and shocking. video out of venezuela, people digging through and looking for food in a truck. this is disturbing. >> there is even more disturbing video will come up. what is happening here, regular people are driving on the highway, and they're pulling over to ambush and loot a grocery truck basically to steal rice. we have another video of, too, people who are starving, ripping through garbage bags outside of restaurants and shopping malls searching for food. we have locals telling us people are starving. they're eating dog food. this is as middle class and entrepreneur class has been demolished with 90% tax rates. two month state of emergency. there are fears of a news blackout. disturbing graphic video. watch out. people in venezuela, in caracas ripping through garrage bags outside of restaurants to get food. stuart: workers paradise. socialism. >> no word from bernie sanders or michael moore or sean penn on this one. stuart: he is saying hey, carry guns, protect yourselves, because you could be caught in the crossfire of mexican drug cartels. pinnal county sheriff paul babeu i issued the warning and joining us right now. i want you to be a reporter. you're saying there is crossfire between cartel gunmen and we could be in the crossfire? what is going on? >> absolutely. this has been going on actually for years, stuart, with the sinaloa cartel, we heard 120,000 plus people in mexico have been killed can. they're not only fighting for control in territory in mexico, they're fighting for control of territory in the united states. they say they own this part of arizona and it is kind of hard to argue this when we've arrested 21 cartel scouts in my county alone. stuart: 21 cartel scouts. that is gang members, drug cartel members. they're looking for victims? >> no in this different than a rip crew. a rip crew is ones that are armed, usually with a mask, holding up the cartel smugglers with the drugs to steal their drugs as they bring it into the united states. a scott, these are the ones on mountaintops in my county. my county is larger geographically than state of connecticut. over 50, 75-mile swath of territory they have scouts on high terrain points, mountains with military-grade binoculars, with solar panels to recharge their batteries for their cell phone and encrypted radios. basically they're counterintelligence to cops, to law enforcement, to tell the drug loads as they're coming up to hold up. cops, sheriff is here or border patrol is here or come on through. and this is battle that we're facing being fought in my county. we've had three shootings just in the past two months in pinal county. stuart: having a go at each other? >> absolutely. stuart: that happened in your county? >> yes. stuart: you are the sheriff of that county right now? >> yes. with border patrol in one case coming in on some smugglers and shot was fired at them. and in two other cases as well. stuart: tell me about the flood coming across the border in your directio you're not a border county. you're a few miles from the border. >> no. stuart: but they come through you on their way north. what numbers are we talking about? >> it is more disturbing because we're 70 miles north of the border. it is worse in my county because there are three counties south of me and all their traffic is shaped or funneled because of terrain features and interstates through my county. so we've seen 80 to 120, 30,000 illegals every year for the past three years that were appre hended. stuart: in your county, they're funneled into your county. >> correct. stuart: threw your county, between 80 and 120,000. >> that is the whole tucson sector this portion arizona and this is per year. we've seen, we were talking just yesterday, 40,000 in one month across the all four southwest border states in one month. and so, we've seen massive increases. 103% increase in family units. we've seen unaccompanied juveniles go up by 74%, just in the past five months. and i believe that what's happening is we know, because of the election, that everybody understands, get to the border and you're home free, before this election. stuart: that is what it is. paul babeu, sheriff of pinal county. >> pinal county. stuart: that's right. sheriff, thanks for being with us. >> my pleasure. stuart: i have more breaking news for you. happening thick and fast today. about the gossip side. liz: gawker, this is involving the hulk hogan suit. gawker media is possibly putting itself up for sale. the range of prices it could be selling itself for, 50 million to $70 million. that is half of what hulk hogan was awarded, $140 million in damages. that is related to the sex tape that gawker published of hulk hogan having sex with his friend's wife. stuart: the court awarded the plaintiff $140 million. liz: hulk hogan. stuart: hulk hogan got $140 million. now gawker is up for sale. liz: putting it up for sale. stuart: 50 to 70 million. liz: corrects according to "new york post." stuart: going out of business sale? liz: seems that way. they have hired an investment banker. stuart: 31 points lower for the dow industrials as of right now. president obama visiting hiroshima this weekend. he is there as we head into memorial day weekend. we'll be back. ♪ ♪ (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. 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. stuart: monica crowley is still with us. i will talk to her what she wrote today about president obama's apology tour. he is on it. you call this tour, the left's destructive compulsion to apologize. you say this just doesn't work when the president is over there at hiroshima on memorial day. make your case. >> yes, thank you, stuart. this is my column today in the "washington times." i'm writing about, the left has long-held that america's past global injustices require constant state of penitence. obama for last seven 1/2 years has been on extended apology tour, i detailed it in the my column. he apologized to the muslim world for america's crimes of the past. whether or not he formally apologizes tomorrow at hiroshima is beside the point. by his mere presence he is first visiting president to visit the bombing site. by his mere presence proves what he and left believes, that america's crimes make it unfit of global leadership. you see it with gutting military, all his policies fed into that leftist notion that we are not worthy of global leadership. stuart: but he is there on memorial day, memorial day weekend i should say. >> which makes it even worse. by the way earlier in the week he first stopped in vietnam. he stopped short of apologizing to the vietnamese for the vietnam war but he did acknowledge american, quote, mistakes. stuart: wonder how this -- >> i suspect you might see something similar at hiroshima tomorrow. stuart: i wonder how it will be taken by the american voting public. we shall see. thank you very much. >> thank you. stuart: check that big board. this is dead flat market pretty much. down 20 points. 17,800. check facebook please. oh, it's a winner again. that is a very nice gain for a big-name stock, a buck 61 higher, 119.52. 121 or 122 the all-time high. donald trump really going after senator elizabeth warren with just one word and that word is pocahantas. that we'll explain. state department slamming hillary clinton over her use of a private email server. this is really big deal according to judge who is next. thank you. ordering chinese food is a very predictable experience. i order b14. i get b14. no surprises. buying business internet, on the other hand, can be a roller coaster white knuckle thrill ride. you're promised one speed. but do you consistently get it? you do with comcast business. it's reliable. just like kung pao fish. thank you, ping. reliably fast internet starts at $59.95 a month. comcast business. built for business. .. specially formulated with moisturizers and lubricants... biotene can provide soothing relief and it helps keep your mouth healthy too. biotene, for people who suffer from a dry mouth. stuart: donald trump at the podium in anaheim, california. pocahontas, he says. a lot of people in the audience didn't know what he was talking about. some did and kind of laughed, others looked puzzled. you can see them asking what? it was classic trump, shredding an opponent with a single word. he was going after senator elizabeth warren, trump's latest arch enemy. what was the pocahontas time? trump reaches back to past scandals to make fun of present-day opponents. elizabeth warren claimed native american heritage that got her a job at harvard. she played the racial spoils game. harvard claimed diversity. aren't we so progressive? a native american professor. trouble is she is not native american. pocahontas she is not. this goes to the heart of the progressive movement, identity politics. vote for me because i identify with you and your struggles. as an african american, hispanic, gay or any other definable voter group. elizabeth warren played the identity game. unfortunately she claimed a fake native american identity. what a mess the democrats are in. bernie sanders is a socialist. do we want to be like sweden? hillary clinton is not trusted and elizabeth warren, trump's most vigorous critic turned out to be an ethnic sheet. joe biden. i went there. this is ebony williams who just listened to my rant. my rant. have i got a point or what? that was the judge laughing, he will join us in a moment. i think i got a point here. she cheated, she played the ethnic spoils game and now she has popped up as the main critic of donald trump. >> she was totally not right to do that. it is bad whenever you try to take advantage of a benefit to ethnicity that you don't belong to. it is an appropriate. come on. donald, pocahontas, really? there was a classier way to do that but it is in tune with donald's style. stuart: he says pocahontas. >> what are you talking about? it is a good point you talk about when he recall the past scandal, reminded everyone of this because it was a big deal when she ran for united states senate, very salacious. i want to be clear, she didn't just get a job at harvard because she was native american, she had a good reason a -- resume. the fact she felt the need to go there speaks poorly about her judgment. stuart: not to mention harvard which was pleased to have such diversity. >> they pride themselves as the most diverse student body in the country in terms of that. stuart: absolute nonsense. it seems to me that bernie is unelectable, a socialist, hillary has such deep problems with this email scandal, elizabeth warren is an ethnic sheet. that is why the end of my take i said watch out, joe biden. >> for so long everybody in the republican party would think they needed a savior. i think the democrats, they need a savior. stuart: would you discount joe biden? >> absolutely not. he ran into thousand 8, wasn't the final two, played victory under the radar. everyone thinks he is a brilliant amazing walk into the oval office. liz: what about a warren ticket? >> i was the first to say that would be -- liz: on the left they would be pleased. there getting what they like, someone who doesn't come with the baggage of hillary clinton dynasty and a fresh take from many people who are excited about a woman in the white house in some capacity. it is a win-win. stuart: despite the pocahontas label. >> just a bit. stuart: despite joe biden's age and the gaffes he has made in the past you think a joe biden/elizabeth warren ticket could win? >> uncle joe, liz warren, much better prospect than bernie or hillary at this point. they are more likable. >> that is why a biden ticket is tougher to beat than hillary clinton and trump said he would rather run against hillary than bernie or joe. stuart: quiet on the set. order, order. i want to move on. judge napolitano: good words on joe biden. do you remember? stuart: the leader of the labor party made a speech 20 years ago, joe biden plagiarized that speech and presented it as his own if i am not mistaken. you are onset to tell us how serious the latest email problem is for hillary. judge napolitano: i think it is very serious because it undercuts a couple of her defenses. one defense was that the fbi was conducting a security review. director comey said they were not. we now know for sure they were not. the state department was conducting the security review. mrs. clinton flunked it. stuart: does it make an indictment more likely? judge napolitano: it does because of this. there was an email event in which her server in her home went down and she couldn't even -- the state department it people said with all these government blackberries who use this, she had huma send an email to the it department which said we are not going to take the state department blackberries, freedom of information act, that shows a plan and a plotting and an intent to avoid the recording and transparency requirements of the statute so it does make it easier. don't know if the fbi saw this email before it came out yesterday but the state department, the same state department that went after her yesterday did that in the previous revelations. stuart: there is a photo, put it up on screen, the judge brought this to our attention. it appears to show -- what does it show? judge napolitano: that is the log of access to the clinton foundation showing an instruction from executives at the clinton foundation to bar state department investigators from entering the building, this was presented a few minutes ago by matt finn in the chicago office to which i responded i wonder what they wanted when the fbi comes calling. that is state department inspector general was interested in seeing if there was a connection between mrs. clinton's decision when she was secretary of state and the clinton foundation and the clinton foundation would speak for the investigator. remember mrs. clinton saying i will talk to anybody at any time? i will have my aids, she refused to be interviewed by the state department investigator, instructed her aides not to interview with the state department investigator and we know she has a family foundation teresa moves is refused to be -- stuart: all morning we have been saying -- judge napolitano: something she can hide if she has a problem in california? stuart: all morning long we have been asking can she still be a legitimate democratic party nominee? judge napolitano: i agree with the consensus articulated first by our colleagues, a stronger candidate i don't know what the democrats will do. she was only 3 points away from bernie in california. devastating news for her at the worst possible time. stuart: that is correct. thank you very much. check the big board, it is a no go market, we are going nowhere, we are two hours into the session and down 17 points. the price of apple stock is below $100 a share down fractionally this morning. that is apple for you. those protests in france, labor protests, doesn't look like much action. nice shot of paris. liz: they had water cannons. stuart: showing water cannon and tear gas. 11 states filing lawsuits against the transgender bathroom decree. the texas attorney general leading the charge, joins us in a moment. no one surface... no one speed... no one way of driving on each and every road. but there is one car that can conquer them all. the mercedes-benz c-class. five driving modes let you customize the steering, shift points, and suspension to fit the mood you're in... and the road you're on. the 2016 c-class. lease the c300 for $359 a month at your local mercedes-benz dealer. nicole: i am nicole pedallides, dow jones industrial average down 19 points, back to back double-digit gains. right now the tao is down 16, the s&p down fractionally, nasdaq still down, it is a winning week on wall street. look at your tao winners and losers up two thirds to the downside, goldman sachs and dupont lagan, verizon, walmart, winners. and here we go with the ipo here, the initial public offering 7%, 2457, $23 ipo and we keep a keen eye on retailers with a mixed bag, dollar tree hit a new high, burlington factory also a story and the parent of calvin klein a winner. start your day on foxbusiness at 5:00 am. stuart: still a pretty flat market down 20. pretty much flat on the price of oil, around $49 a barrel, up $0.07. not much action. individual stocks are moving. burlington stores otherwise known as burlington coat factory, big gain, profit is up half, stock is up 7%. how about costco? that is a mover today, that stock is up 5%. big-name stock up big. amazon another winner today, 714 is the price, i believe 7 $22 was the all-time high, that is pretty close. facebook moving closely, a gain of $1.79, almost back up for facebook, netflix $102 a share, about a 2% gain. all kinds of speculation apple wants to buy a streaming company. netflix is a streaming company and apple could afford them, up 2%. the ap reports donald trump reached the magic number 1237 delegates. this is a moment in politics. who would have thought donald trump nailed the republican nomination but the democrats are all over the place. >> this is the most astonishing political story of my lifetime. donald trump, the ultimate outsider who has broken every political rule, every bit of political gravity you can imagine. he closed the republican nomination today. who would have thought the republicans would have the nominee at the end of may and the democrats do not? stuart: let me blow your horn. you came out with that story many years ago that hillary clinton would not make it to the democratic nomination. that went to the top of the drudge report. within two days they were running reports that joe biden was meeting with elizabeth warren and that was your story too. >> i wrote my column laying out my theory that it was barack obama who was interested in taking mrs. clinton out by the fbi investigation. i laid it out and i said the democratic ticket will be joe biden and elizabeth warren because warren takes claire of annoyed woman, assuming she bites the dust and bernie sanders far left. it would be an ideal ticket for the democrats. within 48 hours of hitting drudge, drudge had a new headline with elizabeth warren. perhaps i had a hand in that. stuart: hillary's latest problems, the email problem yesterday, bernie moving even further left, confirmed socialist. that does raise the specter of democrats in revolt against those candidates, uncle joe, save us please. >> the key point is joe bryden would enter the race as a white knight, pristine. more importantly he would look like the reasonable adult in the room after the craziness surrounding donald trump, the craziness surrounding hillary clinton. he comes in as the responsible mature guy who is going to calm down the situation and that is a powerful thing to a lot of voters including a lot of voters on the democratic side, a lot of independents too. that is why i said run against joe biden is tougher than running against hillary clinton. stuart: it is fascinating. i keep going who would have thought? >> more drama to come. stuart: the bathroom issue. 11 states are filing lawsuits against the administration's transgender bathroom directive that the students must be able to use the bathroom of the gender that they choose, the they identify with. texas attorney general ken paxton is leading this and he joins us now. welcome to the program. good to have you with us. i want to make sure we have this right. does the obama administration want to make it so that any child in school can go to any bathroom of their choice at any age and into the showers or the changing rooms? is it like that? >> no. you have it right. including school trips where you might have male and female separated, somebody can decide if they are female for the day and stay in a different room. it is pretty broad policy affecting millions of schoolchildren around the country. stuart: your objection in legal terms is the federal government has no business telling the state how to run bathroom policy in schools. is that the gist of your lawsuit? >> that is part of the just. the other is the president doesn't have the authority to change like, it is up to congress. there has been debate about this for years. some congressman tried to change this. it never happened but it cannot be changed unilaterally by the president. stuart: why is president obama doing this? it would seem to be wildly unpopular with most parents and i certainly know i don't understand this big push. >> i agree. the solution in search of a problem. i have met with hundred parents trying to implement this policy and i can tell you across is all economic lines, cultural lines, they are opposed to this because they are worried about the safety and well-being of their children. stuart: if i oppose it, if i say no, i don't want my children or grandchildren doing this or having this option in front of them am i a big it? i think that is what they are going to call me. >> they may but for school districts and children, they are threatening to take away funding for schools that don't change their policies. it has a huge impact on the education of our children. stuart: can you hold it up as it winds its way through the courts? do we not have to obey this edict as it goes through the courts? >> so often with the obama administration they will change the law and we fight for three years and win but by the time we when everybody has adopted the policy so we are trying to get a pulmonary injunction which means we want to stop it from being a committed now, so schools are free to continue policies as we fight it out with the obama administration whether it is done or legal. stuart: attorney general, thank you very much for joining us. come back because we want to know the progress on this. we really want to know. look at los angeles airport, lax, watch out, there is a computer glitch, 50 airports affected, you can expect cancellations and delays around the country because of what is happening with computers at lax. this is a developing story, very important on top of those dreadful lines at tsa right before the memorial holiday weekend. i feel for you folks. check the big board, we are down 32 points, not that much movement, 17-8 is where we are. the california high-speed rail, the bullet train is a fast train to fiscal ruin in california and elsewhere, so says our next guest, "national review" coming up. a great part of using the usaa car buying service was seeing the different discounts. it had like a manufacturer discount, it had a usaa member discount. all of them were already built in to the low price. i know that i got a better deal than i would have on my own. usaa car buying service, powered by truecar. when you cook with incredible tokyo-stingredients...les. you make incredible meals. fresh ingredients, step-by-step recipies, delivered to your door for less than nine dollars a meal. get your first two meals free at blueapron.com/cook . 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. stuart: let me show you a mockup of the proposed high-speed california train which was supposed to go to la to san francisco in 30 minutes. hold on a second, high-speed rail is a fast train to fiscal ruin says our next guest. "national review," hero of that headline joins us right now. when -- it was a bullet train. it when it first proposed how much was it supposed to cost? >> voters narrowly approved bond money for it in 2008, price tag was supposed to be under $20 billion. stuart: under $20 billion in 2008. what is the latest estimate on cost? >> $68 billion. and in madera. to a place to bakersfield. it was the train from nowhere to nowhere. and will that section of the train be built? >> they are just starting to sees the land using eminent domain. they put enough money into it to say you can't stop now. stuart: there is no way the state could afford it. >> it would be ruinous. same in texas which the next bullet train. stuart: they have trains in texas. >> it can send a bullet train though it is 50 years old technology, from dallas to houston in 2 hours and 30 minutes, basically making it the same as the plane given transit time. for 10 billion-dollar project, they are talking about federal loans, and the obama administration cabinet officer to talk about the federal government to loan them the money. stuart: you don't think either train will be built? >> the federal government used some seed money, and what elon musk is talking about would be taking passengers 700 miles an hour through a vacuum tube. and change the shape of transportation in the country, the enormous infrastructure, not much time saving, there is one advantage, you don't need a lot to build on the ground other than an airport because planes use the air. stuart: you don't think the bullet train will ultimately be built? >> no. we could waste a lot of money. and they can't stop. we have more varney for you after this. stuart: time for monica to tell me the most interesting story of the day. >> a very clinton looks like she is going down in flames. if she loses california on june 7th all bets are off. the other story is disturbing today, what elizabeth mcdonald reported about venezuela. the crown jewel of socialism, there is no toilet paper, no food, no starving in the streets, this is what socialism and communism reeks. this is what the millennials need to understand. stuart: neil cavuto, it is yours, take it away. neil: more on that story, thank you very much, i am neil cavuto. it is really the worst of the worst, take a look at these protests that are going on in chicago, the chicago area for higher minimum wage but linking them to something down south, in venezuela, demands for more assuming you could get more and not have a come out of your i, linked in a weird way. sometimes you run out of money. sometimes you run out of people who will pay the money. sometimes you just