Transcripts For FBC Varney Company 20170504 : comparemela.c

in politics, the house will vote on the g.o.p. health care plan. it will be a partisan vote and it's just the first step in a lengthy process to ultimately make this bill a law, but we begin with late night politics. steven colbert he doesn't completely back walk or walk back from his vulgar anti-trump monologue. "varney & company" begins. ♪ >> folks, if you saw my monologue on monday, you know that i was a little upset with donald trump for insulting a friend of mine. so, at the end of that monologue, i had a few choice insults for the president in return. i don't regret that. i have jokes. he has the launch code. so, a fair fight. >> well, that was stephen colbert from last night addressing in the comments he made the night before. want to bring in james freeman with the wall street journal editorial page. seems like he did stop short of apologizing. >> yeah, i think a lot of people are asking, wouldn't he be fired in many circumstances? what i'm happening for here is some market discipline. stuart: from who? >> a lot of people don't watch the show already, but among those who had been watching, maybe they choose to go elsewhere and you look at big questions, do advertisers stick with the show if colbert stays? and i think for people who thought this was over the line, maybe you start looking at who those companies are that continue to choose to advertise and choose not to support them. >> is there a line though? do we make exceptions for comedians? do we make exceptions for the distinction between someone who is trying to entertain or versus a politician or someone who represents individual people? >> yeah, i don't look for the government solutions. i know a lot of people have talked about fcc taking some kind of action, but, you know, this is a late night television program, pretty tasteless, but i think-- i think they'll find over time that the market works pretty well. >> all right, you stay right there. i want to bring in the judge. all rise. judge andrew napolitano, i know you don't agree with the things said, but you think that colbert has the right to say them? >> oh, absolutely. and it's a satire. the-- >> is it satire if someone says i'm a comedian? can they get away with everything? because i feel like that's a crutch sometimes to do things or say things that other people can't get away with. >> you can get away with almost anything in satire, even that which is obviously untrue. he's not portraying it to be truthful. i thought it was boring, it didn't make me laugh and i was asleep when it was on, i had to watch the next day like the rest of us. but this is what he does for living. james is right, the marketplace will decide whether or not they like it. as far as firing him, that's a choice for his bosses. i don't think it's a fireable offense, but i'm not one of his bosses. looking at it from constitutional. it's a protected speech. liz: if you don't like it. >> the whole purpose of the first amendment. liz: change the channel. >> the supreme court said to encourage and protect, justice douglas once said vicious speech about the people-- >> billy bush got fired for laughing for something that was crude. this guy, who knows, might increase his chance for viewers. and off the coast of alaska. liz: this happened again, and last month. this morning, 50 miles northwest of alaska, two cold war era fighter jets with escoed by u. stealth fighters out of u.s. air space and they had intercepted the formation. and first time since 2014 that russian bombers have been invading u.s. air space. >> thank you very much. one more for the judge, suzanne rice is not going to testify before the senate on russian hacking or unmasking president trump, and susan rice, former national security advicer to president obama is refusing to testify before a senate subcommittee on unmasking trump officials. what have you got? >> one word, subpoena. the intelligence committee, whichever it is, has every might to ask her about the unmasking. she has certain constitutional privileges which would allow her to refuse to answer about you if she doesn't want to come, subpoena her. the way this is typically done, is she is subpoenaed for a deposition, which is under oath, but it's private. there's no cameras there, by the time the public hearing occurs, she knows what the questions will be and the questioners know what her answers will be. as i understand it, she's ref refusing to show for either, the private deposition or the subcommittee. that's why they have the subpoena power, they have every right to know what shoo he -- she was doing with unmasking. there's more news about the extent to which the unmasking went on of all kinds of people that were interacting with trump during the campaign and transition. >> and yesterday during james comey's testimony, fisa court came up, it's hard for the average person to get a handle how it works and how perhaps it could be manipulated to use it as a spying tool on americans. it can be. >> i have argued that the fisa court isretty much subterfuge, that the nsa gathers all it wants all the time and fisa tries to make it look good. they ask for fisa for mer mission and fisa gives permission, 99.9% of the time and do things behind the back of the court. they're doing the right thing to secure the right of the nation, but heedless of the fourth amendment. >> judge, thank you very much. i want to look at the market, it looks like the fed signals the economy, and quote transitory. oil, however, continues to break down and break down bad. it's the low of the year and broke all key support points. not sure where that's going to do. facebook shares are down, but the ceo says he expects revenue growth to decline, but it's at a big loss. you have more headline numbers. liz: the ads are going-- there's a warning that there's a limit to the number of ads on facebook, but instagram and video could pick up that. and the monthly ad user growth up 17%. of that number 1.94 billion, 1.3 billion are daily. that's up 18%, so the revenues are nicely and profits are up nicely. it's the fear that they won't be squeezing more money out of the ads. most of the revenue is coming from mobile devices. >> up to 88, 90% of revenue. liz: yes. >> it's a question, can it really stay this good forever? where quarterly earnings growth, 76% over the last year, facebook and google together capturing 99% of on-line ad growth last year. so, i think the question, can it be sustained, they're going to new platforms and emphasis on video. >> i've got to tell you, right now they are juggernauts and hard to see them fall. apple another juggernaut, going to create a fund for u.s. advanced manufacturing and we know part of this had to be a push from the trump administration. 1 billion out of 257 billion seems pretty small. >> not a huge commitment for them and of course, the big tax reform, we're hoping for, that will encourage them to bring more of that cash from overseas hasn't happened yet. but, i think if you want to look at this, it could be simply a nongesture to the trump administration, but it may be a sign, just as we saw in the first quarter, companies have incentive to invest more, even if the trump program doesn't go all the way through you know you're not getting what you got during obama years, which is more heavier regulation. >> i've been saying that from day one. >> and not obama is-- >>. liz: tim cook is saying he has to borrow to do it hear. [laughter] >> he is saying he has to borrow. a silicon valley liberal is leading the way on corporate tax reform. >> everyone wants more mine, the borrowing 17 billion to three or four years ago, over 100 billion this year and how they spend indirectly. with interest rates this low. what i'm saying is it altruistic? is it helping society if they're investing in companies and they get to keep the profits? >> that's the way it works, but. >> the way he put it out there, this is something he's doing this for society and every corporation should do their part and help society. >> it will be a huge building with a billion dollars and employs people that has the effect of being good for society, buts' doing it for shareholders, what he was hired to do. >> we always bring the judge in for the bottom line. it could be the biggest and most expensiveaptop and it's from acer, that's the predator, a 19 pound behey mo-- behemoth and we are going to have it on the set, it's a beast. medical researchers using new tools, could this be the care for aids that we have all been waiting for? dr. segal is on the case. and president trump meeting with australia's prime minister malcolm turnbull, the first time they'll get together since the contentious phone call. you remember, about the syrian refugees? more varney after this. kevin kevin kevin kevin kevin kevin kevin kevin trusted advice for life. kevin, how's your mom? life well planned. see what a raymond james financial advisor can do for you. >> the big loss at tesla, but s and that's why it's now only down 1 1/2%. encouraging numbers and we'll have more on that as the market opens for you. in the meantime, president trump meeting with australia's prime minister for the first time. you've got details. >> here in new york city, they're headed to the intrepid, that renowned battleship on the west side of new york city. there will be a reception and a dinner. the first time the president's come back to new york city since he won. they are going to be talking north korea and also this quote, dumb deal, that's donald trump's word, and they're held in detention, middle eastern refugees and that's still in place. it doesn't mean the u.s. has to unconditionally take these refugees. the u.s. can reject the refugees as well, but they're vi in pretty tough conditions, deplorable conditions they say so it's an obama era deal, whetr or not that is resolved today, we don't know. charles: well, turnbull has been tough, really, really tough when it comes to the immigrants. liz: that's right. charles: and the house vote today to replace obamacare. joining us now, congressman mike johnson, republican from louisiana and the first question i ask, are you going to get this done today? >> i think we are, charles and it's a long time coming. this is going to be a good day for the house, a good day for the country, i believe. we're going to move the bill over to the senate and ultimately on to the president's desk and fulfill a campaign promise that all of us who ran for office this last cycle said we would do. we are going to fix, repeal, replace obamacare, a job whose time has come. charles: let's talk about the trump promises with health care. no one will lose coverage, premiums will go down and no medicaid changes. is that what we're getting under this bill. >> i think everyone 0 will get the coverage that they need. and the bill has been dramatically improved. premiums are going down for 95% of americans and those who have chronic illnesses and cancers and the highest premiums they'll go on high risk pools on a state level and get theirs subsidized. many of us don't like the idea of subsidies, that's the environment, we have to take care of those with pre-existing conditions. this bill will do this and i think that's a win for the american people. charles: sir, i want to ask you quickly, what exactly is a pre-existing condition. someone born with a cancer gene that doesn't come to material life until 40 years later, is that a preexisting condition? >> there are trigger points, when someone applies for insurance, they'll identify who are high risk and maybe some that don't have cancer, but indicators that look as though they will be higher cost patients to insure so those people can be put into the high risk pools and they'll ultimately be over a series of few years handled by the states and the states will develop best practices how to do this. we've modeled this primarily what was done in the state of maine, they were very successful in driving down premiums for everyone and getting everyone insured. >> bob corker says that this bill, even if you get it over the hurdle today will not pass in the senate. i know there's been friction between house republicans and senate republicans. any words for your fellow republican here? >> well, listen, we're encouraging the republicans in the senate and the democrats to do the right thing for the american people. we know that obamacare is in a death spiral. and one third have honestly one for coverage and we're hoping that the senators will do the right thing on that side of the legislature. charles: thank you for coming on this morning and good luck toy. >> thank you, good to be with you. charles: and getting grilled by senator cruz,cruz says it's puzzling why the fbi didn't charge hillary clinton with a crime. the judge will come back to shed light on this one next. >> senator ted cruz calls fbi director comey's explanation for not prosecuting hillary clinton puzzling. listen to this. >> every first year law student learns in criminal law that ignorance of the law is no excuse and that mens rea does not require knowledge that it's unlawful. >> i cannot find a case brought the last 50 years based on n negligence without showing or indic indicia. >> everyone should know that that conduct is inpermissible. charles: the judge is with us, in july he laid out the case for indictment and didn't indict and his interpretation of the laws then seemed interesting to me. >> he did a couple of things that are outside the mainstream. he said on july 5th and he said again yesterday that even though there with as a lot of of mrs. clinton's guilt they didn't think they could prove her intent. senator cruz zeroed in on this, this is the rare statute the government doesn't have to prove intent, only gross negligence. if you cavalierly deal with 25 top secret documents by putting them in a venue that is not secure, is that not gross negligence? he characterized it, this is really hair-splitting, he characterized it as extreme carelessness. well, extreme carelessness and gross negligence are the same thing. you don't have to prove intent, that's there in the interpretation of the statute. senator cruz was right and director comey was wrong. charles: a lot of people are wondering why not go after hillary clinton now? why, is she somehow immune? >> no, she's not and the statute of limitations is seven years has not yet run. it's probably a policy decision by president trump, does he want his justice department to indict his adversary in the presidential campaign? something that never happened before, even though the crimes that she committed had nothing to do with running for president and the evidence of her guilt is truly, truly overwhelming. we're talking during the break. and james pointed out that the first mistake that comey made was publicly stating that he was recommending against indictment and publicly characterizing the damning evidence against her. that should not have been public. he's not a prosecutor. his job is an investigator. his job is to ship that data over to the justice department. if he thinks she's conflicted herself, he can give it to the number two, the number three, the number four, senior to him. but for him to say the public interest required me to discuss this in public, that's not what he's paid to do. for him to say no reasonable prosecutor would take the case, that's not a judgment he's allowed to make. charles: but now you should be consoled by the fact that he's mildlyauseous at he might have influenced. >> and i think it's a clever use of the words, got us talking about his stomach rather than his judgment. charles: according to the internet, searches for nauseous went through the roof yesterday, went through the roof. [laughter] >> let's check on the futures. going to have a pretty good day at the open here, you can see the dow jones industrials up 39. we were up a little more. a lot of anxiety, tomorrow is the big jobs day. the opening bell just moments away. did you know slow internet can actually hold your business back? say goodbye to slow downloads, slow backups, slow everything. comcast business offers blazing fast and reliable internet that's over 6 times faster than slow internet from the phone company. say hello to internet speeds up to 250 mbps. and add phone and tv for only $34.90 more a month. call today. comcast business. built for business. my frii say not if you this protect yourself.ary. what is scary? pneumococcal pneumonia. it's a serious disease. my doctor said the risk is greater now that i'm over 50! yeah...ya-ha... just one dose of the prevnar 13® vaccine can help protect you from pneumococcal pneumonia- an illness that can cause coughing, chest pain, difficulty breathing, and may even put you in the hospital. prevnar 13® is approved for adults 1d older to hp prevent infections from 13 strains of the bacteriahat cause pneumococcal pneumonia. you should not receive prevnar 13® if you have had a severe allergic reaction to the vaccine or its ingredients. if you have a weakened immune system, you may have a lower response to the vaccine. the most common side effects were pain, redness, and swelling at the injection site, limited arm movement, fatigue, headache, muscle pain, joint pain, less appetite, vomiting, fever, chills, and rash. get this one done! ask about prevnar 13® at your next visit to your doctor's office or pharmacy. so i thought it might be time to talk about a financial strategy. you mean pay him back? so let's start talking about your long-term goals. knowing your future is about more than just you. it's how edward jones makes sense of investing. at angie's list, we believe there are certain things you can count on, like what goes down doesn't always come back up. [ toilet flushes ] so when you need a plumber, you can count on us to help you find the right person for the job. discover all the ways we can help at angie's list. thithis is the new new york.e? think again. we are building new airports all across the state. new roads and bridges. new mass transit. new business friendly environment. new lower taxes. and new university partnerships to grow the businesses of tomorrow today. learn more at esd.ny.gov >> opening bell just ten seconds away. i should let you know the initial jobless claims down 1 19,,000, 238,000. bodes well for when the jobs numbers come out. you see the big board populating there more green than red. let's check oil, a new low by the way this year for oil, crude breaking some key support numbers and now, in something of a freefall. we'll keep an eye on that. meanwhile, facebook, they say they expect their ad revenue growth to decline. tesla, they lost more money than wall street thought they would lose and they thought they would lose a lot to begin with. fit bit, they reported quarterly revenues above their forecast. joining me in one minute, liz macdonald, james freeman, jeff sica and scott martin. i'm worried about these big gainers, indexes that mask a new trend developing where we have more losers than winners. anyone disagree with me on that? >> i wouldn't. >> i'm going to maybe disagree a bit. i think a lot of what's driving optimism in stocks right now is we've been talking about making america great again. the world has been making great again. the rising markets as well and the fed is comfortable thinking they can start raising some more is compared to past years, the rest of the world is doing pretty well. charles: scott, i agree with that. i'm looking at earnings and i looked at mastercard and others, and europe is doing surprisingly well. nevertheless, i think at home, you have to be concerned because when you see the dow is up 50 points and two stocks that made that move, you may be in a stock that's not working out? >> yeah, and latin america growing like wildfire. and the big names masking the we backness, look at industrials and financials. those have faded and it's interesting to see what the leadership switch is going to be or what is going to be the next sector to pick up the baton because for me, if you're seeing tho sectors winning to fade and there's not a reemergence of something else, that's an indication the market is topping out. there's an indication with auto sales. being low, they're pickier and choosier, what they're spending money on. >> they're spending money on things they can do now. and yolo, you only live once. where is my favorite bear? you're too quiet. did anybody give jeff sica some coffee? >> i love optimism, usually out on friday. it's more optimistic. it's thursday. yes, we have low interest rates and the fed is pretty much ignored the more down economic but we also have something coming up which a lot of people aren't paying attention to and that's the intention of the fed to begin to unwind this 4.5 trillion dollar balance sheet that they've accumulated. now, you had talked about have's and have not's. charles: yesterday they said they're going to reinvest the mortgage stuff and to your point it's not just the fed with 4 trillion. it's the three top banks, but who the heck buys that. you don't think they'd kill the market by dumping that stuff now? >> i don't know what choice they'll have. so much of the fuel behind the market is fed-driven. when you talk about the have's and have-not's, that's a clue when everybody pipes in the -- piles in the facebooks. charles: and now that we've woken the bear, can they fix this? >> facebook has been on the cutting edge of fixing things. facebo live, some of the things are terble, tug a your heart stings strings. they'll hire people to monitor what's going on on facebook live. what's interesting, today's facebook is the video ad revenue and the last eight, six, 12 months for business. the next space is a-r, alternative reality and you'll see the company take the stock higher in the future not exactly what you see today. liz: i think that facebook understand that people don't enjoy themselves when they are on facebook, people are self-marketing themselves, it's not enjoyable, so to diversify is an experience. to have a quarter of the planet's population on facebook monthly is quite a number. charles: by the same token 4,000 people monitoring a billion is tough. liz: they've doubled it, 7,000, but good point. >> and mark zuckerberg talking about the communities on facebook are replacing or filling in where communities in the physical world have disappeared and i think they're probably part of the reason for that trend, and for society, it shows you what a hold they have. charles: i would ask everyone to get a chance to examine that grass eater phenomenon in japan how detrimental it can be when people live in the virtual reality bubbles. and apple plans to create a 1 billion fund to invest in u.s. companies to advance manufacturing. what do you say on this, jeff. >> they have to, because remember, trump gave them a lot of flak over producing the iphone. that's not going to happen, it's not going to be produced in the u.s. they're concerned about o things, they're concerned about repatriate tryings. they wanted some of that 250 billion plus to come back to the u.s. a the low taxes and the second thing, the overall opinion of the trump administration towards them. if trump becomes adversarial to them, it makes things more difficult for them. as far as creating jobs, i think they're going to create jobs and hopefully they'll create jobs that are going to last and not just temporary quick fixes. charles: jim. >> yeah, i mean, i think we talked about it. it's obviously not a lot of money for them, maybe this is a political statement, but i think you have to be bullish on manufacturing in the u.s. >> most of apple's growth is outside of america. how much of the money would they bring back anyway. would they bring back half the cash? if it's at zero to 10% repatriation tax? >> i think that goes how far the trump deregulatory project goes on that. just saying no more new regulatory burdens, it's a positive for u.s. manufacturing. >> let's check on the big board. we're going to fade a little bit. at one point open 50, 60, points. we're up 18. there's always anxiety less than 24 hours before the job support, but bad news out there as well. look at weak sales at cheesecake factory. that menu is too ambitious, you can't make mexican food and chinese food. i'm saying. >> sales are declining at kraft heinz. not much, but you can see a big name putting pressure on the overall market. >> fit bit, they report quarterly revenues above their own forecast. scott, up 14%, the stock has been much higher and a lot of people looking at this and salivating. should they be? >> a heavily shorted name, charles, as you know. this is a lot of stocks that get nailed after the ipo. they get better than expected quarter and you gea bounce. fit bit is a toy, it's a gadget and it's a gimmick. when you have so much competition in the space now and not a barrier to entry, you can get similar statistics on your iphone. fit bit is not a good long-term stock here, i don't believe. >> a bigger name struggled recently and it's wal-mart. now the on-line chief says he's playing catchup to amazon and you've got details on that, right. >> yeah, they bought jet.com and he's saying the free two-day shipping, the discounts on a million items. he's saying we're playing catchup. amazon set out a beachhead they have way more people, businessmen and entrepreneurs, selling on the amazon site versus wal-mart and jet.com and it's the diversity of choice that they're up against. charles: i don't get why they're not more aggressive. the jet.com was a $2 billion deal. and pet smart spent on chewy. >> this is a question mark, what do they have to defend them searches if wal-mart really wants to compete with them in a serious way? the same way amazon going against google and microsoft, is there intellectual property they would have had to defend would have been good businesses for them. charles: it's amazing when the pie in terf thcloud is growing and only two or three key players, you can live with that for a while. i'm wondering about wal-mart making the transition, it's late and they admit they're slow in the action. >> keep in mind, wal-mart is committed to the stores. charles: there's no problem with that, but they can have a stronger and more robust-- >> especially with the massive trucking business that they own, but they're committed to their stores and same day pickup. now, amazon, that's committed to bringing 80% of the population delivery within 24 hours, amazon is so far ahead of wal-mart, and my opinion, if you swim around in the strategy of wal-mart, my opinion is, they don't quite believe that the amazon strategy is going to work as they're intend it go to work. i think it is, but wal-mart, wal-mart is committed to their stores. charles: making a huge mistake. probably should find a way to do both. we have aetna. do we have time to do aetna? all right, guys, you were all fantastic. a lot of p fun, jeff, scott, james, we'll talk you later on. the bear woke up and he was great at the end. wasn't he? let's check on the big board, a single digit gain, guys. we were looking like we could have had a huge, huge day, start to go give it back right now. more make america great again, this time though from apple. tim cook says the company will spend a million dollars. they want to fund u.s. manufacturing jobs. does this mean that your new iphone will be made this this country? we're going to be on top of that. and facebook says if they're going to hire another 3,000 people to monitor facebook live videos. you've got remote users. more varney next. >> all right. let's check on the big board. that gain slowly, slowly giving it all back. almost back at even. i want to take a look at twitter. twitter hasn't done well, but this one working out pretty good. and they gave an upbeat outlook. nicole: that's right and jack dorsey at the helm. focusing on square, to beat on earnings and sales and boosted the outlook. square is the box that can take credit card payments and they're expanding internationally. overall, you can see the stock is up 7%. i will tell you that the chip technology that's on all of our credit cards now, apparently their technology is the best for it, they say and in four seconds they can run the chip into their square versus average of 13-- actually everybody has been annoyed with that, big picture, people are leaking it. charles: i bought it at 10 and sold at 14, i'm feeling it now. and prince phillip is retiring from public life. liz: he will retire from public life this autumn and turned 96 and the queen just turned 91 years old. he spent 110 days doing public engagements last year and he still will be affiliated with 780 organizations and will do public engagements as he sees fit. charles: so much, he's well-loved. liz: he is >> 95, i think he's done his part. liz: that's right. charles: check this out. apple plans to invest 1 billion dollars in what they call advanced manufacturing. and lance joins us, the mashable chief correspondent. a couple of things here, lance, obviously, there's the push they've had from president trump and the make america great campaign and a lot of companies made announcements similar to this, but people are saying a billion bucks for a company with the kind of cash they're sitting on might not be enough. it's not-- it's almost disingenuous. >> certainly, obviously. they have 256 billion sitting off shore that they won't repatriate because what will happen on the tax side and they're hoping for adjustments in that space and i think that tim cook says they're going to borrow the $1 billion which i thought was interesting. charles: a filing this he filed for the sec, i looked at it, goldman, wells fargo and another bank, they're bore heing the money. they bore d -- borrowed up to 100 billion. and is that enough for at large? >> 1 billion is not a drop in the bucket. it could be transformative depending who they give it to. they're looking at advanced manufacturing stuff. often times these are companies spending a lot on r & d to do something that hasn't been done with materials or other technology. charles: i'm not sure they're giving it away. if this is an investment and makes the whole thing seem disingenuous. i'm not against it, i know it will create some jobs and it could create some technology in the future that makes living easier or more fun, but by the same token, as saying that they're stepping up to the plate and doing their quote, unquote part, i don't know if you can take victory laps on that. >> this may be the beginning of this. certainly not the last time they do it. they're also trying to put money into coding education, now, they've been doing all of this stuff with hour of code, coding for kids, and started opening up stores today at apple and today they'll have the programs. they're trying, but i think that's the thing you want to see, let's see them try and where it goes and if one billion dollars does have in i kind of impact, but i think there's a side of it that this is a show of good faith. they do want something from d.c., they want something from washington, certainly on the tax side so they can maybe make a move on the billions that are sitting off shore because that's really obviously, what a lot of people want to see happen. charles: and facebook's mark zuckerberg says his company will hire 3,000 additional people to monitor the videos and content after recent murder and suicide and those have been posted on facebook live. is that enough to help? >> well, not just people. certainly, people alone will not do the job. if you've got almost two billion monthly active users on facebook, that means that there are tens of thousands of videos happening at any given moment and it's not even-- the videos are hard to analyze and people onlylizing them is not enough. there's going to be algorithms. they had to do something, they had to do something. >> so the issue is, i mean, facebook, its brand reputation is at risk when the term facebook killer came out last month. i mean, they don't want that facebook killer. so how is facebook in the spotlight over this issue not being able to get a grip on it when you don't see other social media sites, seems not to have the same problem. >> first of all, it's the biggest social media platform. liz: you don't hear about twitter or google social media having this problem not to this degree. >> the platforms are different. twitter is what, like 330 million users. liz: the point, why is it such a problem for facebook and other people have such a grip on it? >> twitter has a tremendous troll problem that they have been working on for months. liz: but posting suicides and murders on video on site. >> there's been a more efemoral video product, periscope which is part of it. they've had issues, not at this level. i can't tell you exactly why this is-- >> i would say one thing because we've got to wrap it up. they should have anticipated this. >> i'm not sure anyone could have. charles: there was a movie out 20 years ago, some guy with a video camera, a corny movie, and the gist is you didn't have to be a major psychologist to understand if people have the ability to post this kind of gruesome stuff on-line for millions, billions to see, they would do it. liz: and the problem is facebook is about one-upping each other on the facebook site so you have this coming in, it's a big problem. charles: last word to you. >> i definitely think they should have done more sooner. i'm glad they're finally doing something now. 3,000 won't be enough, probably have to hire a lot more people and a lot of technology to get ahead of this. charles: let's hope the tech colling could be used to thwart terror attacks as well. and the dow 30, the market has given up gains and the dow off 20 points. if you have an extra $9,000 laying around, how about picking up one of these beauties? these a laptop, a monster. acer's latest gaming machine, 21 inches, the screen. it weighs 19 pounds and we'll have all of those and more, i'm going to do some curls with it during t during the commercial break. ♪ there's nothing more important than your health. so if you're on medicare or will be soon, you may want more than parts a and b here's why. medicare only covers about 80% of your part b medical expenses. the rest is up to you. you might want to consider an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like any medicare supplement insurance plan, these help pick up some of what medicare doesn't pay. and, these plans let you choose any doctor or hospital that accepts medicare patients. you could stay with the doctor or specialist you trust... or go with someone new. you're not stuck in a network... because there aren't any. so don't wait. call now to request your free decision guide and find the aarp medicare supplement plan that works for you. there's a range to choose from, depending on your needs and your budget. rates are competitive. and they're the only plans of their kind endorsed by aarp. like any of these types of plans, they let you apply whenever you want. there's no enrollment window... no waiting to apply. so call now. remember, medicare supplement plans help cover some of what medicare doesn't pay. you'll be able to choose any doctor or hospital that accepts medicare patients. whether you're on medicare now or turning 65 soon, it's a good time to get your ducks in a row. duck: quack! call to request your free decision guide now. because the time to think about tomorrow is today. >> and now this, acer has just launched a new $9,000 laptop, it's the predator 21-x. here with us to discuss this, editor in chief, mark, this thing is a beast. you're going to be so big at the end. day carrying this bad boy around. >> can you see me over this? this is the world's first curved gaming laptop. 21 inches in size and gives you a desk top immersion when you're gaming and that's part of why it's $9,000. two graphics cars and everything a gamer could want and has like cool touches like a lightup keyboard. this magnetic touch bad flips around because a lot of people like to nuss the num pad and you can flip it and do that and the other cool thing, it has built in i-tracking for gaming. >> what does it mean? >> i can show you how it works. let me flip it around. charles: i've seen that gaming has become a sport and people watch it. is it for those people or a kid in the basement who wants to be better than his neighbor? >> it's for gaming enthusiasts with a lot of money and also you need big muscles. acer is only making 300 of these, almost like a collector's edition out of the box. and it's nine out of 300 here. we have the full review going up tomorrow on laptop mag.com and we've so far loved the performance. you're spending a lot to own something that's truly unique, but the screen is great for when you're watching movies. charles: i can imagine. >> watch things in the screen mode. and this is eye tracking. it follows your eyes around the screen. instead of using the controller to aim, you just look. liz: wow. charles: that's phenomenal. >> watch as i look around the screen. no controller in my hand. charles: amazing. other thing they might be able to use this for, if we bought 2000 of them. we could line them up against the u.s. and mexico border and we've got our wall. we'll be right back. why pause a spontaneous moment? cialis for daily use treats ed and the urinary symptoms of bph. tell your doctor about your medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, or adempas® for pulmonary hypertension, as this may cause an unsafe drop in blood pressure. do not drink alcohol in excess. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have a sudden decrease or loss of hearing or vision, or an allergic reaction, stop taking cialis and get medical help right away. ask your doctor about cialis. . . charles: a new reality, right? everything these days political especially light night politics. this week stephen colbert and jimmy kimmel got political in differ ways. colbert went on a rant and kimmel used his zone's illness to defend obama care. many conservative commentators called him out charles hurt, shut up jimmy kimmel, you elitist creep. he will join us now. he will join news a moment. health care bill on capitol hill. it's a big one. one of the major players, invited to the white house hammering out details. michael burgess, he is also a doctor, will join us later this hour as well. susan rice, former national security advisor, she will not testify on unmasking of donald trump officials. all of that and big news from big names in tech. the second hour of "varney & company" is about to begin. ♪ ♪ charles: yeah, it does hurt. the market was up 60 points premarket. now we're down almost 30. not a big deal. but we get sensitive about those things. we bottom latest read on mortgage rates. emac you have got those numbers. liz: 30 year 4.02, down slightly from 4.03. still hanging in from the five-month lows. tracking 10-year yield. that is a safe haven play? if macron is moving higher in the french polls. charles: check on the big board with chevron and exxon are drags. crude i will is in big trouble right now. let's look at crude oil too. it is at the low of the year. people are getting a little anxious about what is happening with crude and other commodities. meanwhile technology still rocking including alphabet. that is google. they hit new all-time high earlier in the session. facebook posted numbers after the bell yesterday. it is now slightly, i don't think anyone is panicking. even tesla, which had absolutely abysmal number. many analysts defending their position and saying they would buy the move to the downside. back to this. late-night show politics. stephen colbert, he actually says he has no regrets after making lewd comment about president trump. our next guest says jimmy kimmel an elitist creep for using his son's illness to get political. there he is, official introduction, charlie hurt. this put you in the eye of the storm too. you have kind of become part of this story. >> i don't like to do that. it is amazing how, rude and harsh twitter can be, who knew. but no, seriously it's a serious issue. you've got this guy, takes this truly heartwrenching story about his son, i pray for his recovery and i pray for his family, but to drag it out and to use it to push partisan political, partisan political agenda i think is just, i do think it is disgusting. furthermore, to use that story to shut down all debate so that if you disagree with obamacare, which i do, i don't think, i don't think the federal government, doesn't do a good job running post office, it will not do a good job running our health care, to shut down all the people r not a decent person if you don't support obamacare, screw that. i'm not going to be silenced by them. charles: most people though make decisions on things, politics, otherwise based on what happened in their own lives. so is there something wrong with someone saying hey, you know what? my father might have been saved on this, this helped my parents? for many people this is how they make their decisions. then what part of it -- >> which is fine. charles: do you think he was deliberately manipulating of his story of the son to prove a point. >> i don't know what is in his heart. i don't know if he is doing it deliberately or not but that is what he did. i don't have a problem if he wants to use the story, come out, hey, donate to your local children's hospital, i would have written a check. this is terrific. what a inspiring story. but that is not what he said. nor did he say, you know, this whole story inspired me to give half of my income to, to the local children's hospital. what he said was, this story has inspired me to force all of america to pay for other people's health care. i just, and that is fine. he can make the argument but i'm, you not going to be silenced by it because he is hiding behind a truly heartwrenching story about his son. charles: do you feel the hollywood elites, that sort of modus operandi anyway? in other words they have a standing. anything they can get to bolster that, particularly tugs at heartstrings it is fair game? >> and also, let's not forget he doesn't know anything about health care policy. he doesn't know anything about politics. you know, be like me going out to hollywood and yelling at everybody, telling people this is how you be funny. i wouldn't try to do that. to have him do it, it makes no sense and again, you know, it is, sensitivity around oh, but i have this, here is the sad story. it's a sad story but that isn't, you can't make decisions based on that. charles: all right. what about stephen colbert? i didn't watch the show. i don't watch the show, but, you know, i think, you know, to a he degree he said he would say it all over again maybe without the lewd part because the whole thing was lewd but again, just sort of, defiance talking about on full display. >> absolutely. i don't even, like you i don't watch it. i also don't find it funny. i watched that clip again and again, i still didn't think it was funny. charles: charles hurt, thanks a lot. >> you bet. charles: hope you put on a helmet on twitter today. check this out. frequent guest on this program, brian benburg, business professor it. doesn't think tax cuts will bring in robust growth. take a listen to this. >> you don't think tax cuts will contribute one, two, three extra percentage points to the economy? you don't think that? >> no. half a percent is a big deal when you cut taxes. that is on top of what we've got right now, that is a great start. but you can't -- >> disappointing, if you ask me. charles: taking a page from stephen colbert, the professor is back and not backing down. i do want to ask him, atlanta fed saying we'll grow at 4.3%. i mean that is some extraordinary growth. sort of belies your theory there. what is going on here? >> i saw you wanting to to the champagne cork over there. we've seen this before, charles. atlanta fed has been wrong about this before. that is not to blame them. they're doing a hard thing by projecting growth. we've seen the blips. we saw it in 2014 with 5% growth. last it last year in the third quarter. you get the blips but the question do you get sustained 3% growth over the course of a year? steve mnuchin is right. it will take a couple years to get there. we shouldn't be celebrating, it is good to have a wind at your back. this is still fundamentally the obama economy. charles: if we get the trump economic agenda through, does that become seeds, you admitted that could become the seeds ultimately giving it kind of growth that stuart varney was asking about? >> yeah look, i appreciate the clip there. i think they were underplaying what i'm saying in terms of the possibility. we have a chance to grow near 3% but we've got to get these policies. you have to get 3% but get the policies. can't expect 5%,%, but 3% with these policies, can we get to 5%? >> it would take a miracle to get 5%. charles: never run for president. that is all i'm telling you. i have another one for you. goldman sachs says president trump's tax plan will lead to large tax avoidance for small businesses over a decade. here is the headline. quote, goldman sachs, trump's special small business rate will create one trillion, with a t in avoidance. what is your reaction to that? >> word avoidance here. why do we call it avoid vans. people paying taxes they ought to pay and giving them a law to invest more money in business. i don't call that avoidance. pure spurring your economy. goldman sachs using avoidance. play by the rules. liz: why call it a tax giveaway. people keeping more of their money and government spending it on whatever. charles: there is overarching theme our money is their money. starts off their money. whatever they allows us to keep. >> i want 15% rate for businesses pass throughs or corporations is great. if you want to get 3 1/2%, 4% stuart loves around you love. let's do it. charles: head scratcher, goldman, the paradigm of capitalism in this country would use that language. >> i don't know if they're the paragone of capitalism. charles: they're supposed to be. >> that is the reputation. they're buying into the language if it is not people's money to begin with i reject that. this is not tax avoidance. playing by better rules to grow the economy. charles: you redeemed yourself a little bit. >> how about that clip? charles: -- pass the health care bill today freedom caucus member, one of our favorites, louie gohmert will tell us what we should expect. a breakthrough in treating hiv. dr. marc siegel if this holds the key to eliminating the virus. you're watching the second hour of "varney & company." ♪ [phone ring] hi anne. so those financial regulations being talked about? they could affect your accounts, so let's get together and talk, and make sure everything's clear. yeah, that would be great. being proactive... it's how edward jones makes sense of investing. charles: now to capitol hill. the house will vote this afternoon on the gop health care plan. congressman louie gohmert joins us now, republican from texas and a member of the house freedom caucus. thank you for taking the time. >> sure. charles: we hear you have the votes. you're still voting for this bill? >> yes, we added an amendment since i agreed to vote for it but, it is something that we can live with. we just had a great conference meeting. there was so much joy and exuberance in the group but, and people said, yeah, we don't want to do this again, thank goodness we're together and excitement. i expect more than 216 people to vote for it. it should be a much bigger vote. i hope it is. by the way, this is the national day of prayer. observation good things happen when people pray. one thing i reminding people, look, we seem to all agree in our party here that this is a better bill today than it was when they rammed it through committee without allowing any amendments. charles: let me stop you right there, sir. it is a better bill but is it the bill promised on the campaign trail. >> no it is not. it is not complete repeal. charles: article in the "wall street journal" about a little noted provision could let employers opt out of the plan later. feels like you got this huge bill cobbled together being rammed down our throats, and a lot goes against the central principle republicans ran on the last eight years? >> it's a better bill. it is not the complete repeal but, charles, so much of the original bill was basically just giving more power to health and human services, and going to count on them to do our job. legislative job. we needed to take some of these actions. we need to rein in some of these things, and premiums were not going to be coming down if we didn't take further action, but if you recall, we were told the president, the party we're moving on, we're going to taxes. but it was the freedom caucus who said no, we can't give up on this. it is not a full repeal but at least it moves us in the right direction. we were very close to not doing anything. so that would have been worse. people are suffering, but i mean, after that initial you either take it or leave it, there were calls into my district from establishment people to establishment people in my district, other districts, condemn louie, he is always no, he doesn't care about yes. we did, we wanted to keep our promises. this doesn't completely keep it but it will bring down premiums not this year, but next year for most americans. and it does address some of the bigger problems, but you're right, it doesn't do a full repeal, but thank god it is so much better than it was when it was first, when they attempted to ram it through without any managements at all. charles: then there is this, congressman. the house okays a new spending bill until the end of september but no funds there to take away from sanctuary cities. of course this is a major issue in the country but particularly in your state. again, is this what compromise is going to continue to look like? >> well, that is what is so amazing. here, we had all the testimonials this is the way we need to come together and compromise and work things out, and yet with the spending bill, there was no coming to the conference and working it out. it was going straight to the democrats, okay what do we need to do to buy your vote to get most all of you to vote for it. i think all but hispanic caucus voted for it on the democratic side because they got most everything they wanted. so, no, it is amazing. we hear on the one hand today, yeah, this is the way we're going to do things, coming together getting input from everybody but what we just did this week was anything but that. it was go to the democrats, see what they needed and then buy f their votes angethem to pass the spending bills. so i don't know, this mixed message this week. we're finishing the week with the national observance day of prayer. non-partisan. would have been in rotunda, chuck schumer put a hold on it in the senate. in statuary hall. hopefully we start on the right track. i'm hoping. i'm praying. charles: always great having you on. we'll be praying with you. thanks a lot, congressman. >> thank you. charles: there is this. more members of the gang ms-13 have been arrested in long island. how many have been arrested. liz: three gang members. this is in nassau, wesbury, they attacked a 19-year-old with a machete. two 19-year-olds are okay. this recent attack they're being charged with attempted murder, they shot at the 19-year-old as well. so it is a 26-year-old, 23-year-old, 18-year-old. two are brothers. they have now been arrested. i will tell you something, long island is destination. tens of thousands of these gang members are flooding in there. machete attacks and home invasions. trump administration cracking down. fed, state, local push to get these guys out. charles: just unbelievable. you could have not told me five years ago this would ever happen anywhere in america particularly long island. coming up president trump heading to new york this afternoon. he will meet with the australian prime minister, malcolm turnbull. remember the last time they spoke, let's say things didn't go over so well. we're all over the story. ♪ ♪ predictable. the comfort in knowing where things are headed. because as we live longer... and markets continue to rise and fall... predictable is one thing you need in retirement to help protect what you've earned and ensure it lasts. introducing brighthouse financial. a new company established by metlife to specialize in annuities & life insurance. talk to your advisor about a brighter financial future. listen up, heart disease.) you too, unnecessary er visits. and hey, unmanaged depression, don't get too comfortable. we're talking to you, cost inefficiencies and data without insights. and fragmented care- stop getting in the way of patient recovery and pay attention. every single one of you is on our list. for those who won't rest until the world is healthier, neither will we. optum. how well gets done. charles: check this out. an important medical breakthrough. scientists have successfully eliminated hiv from animal cells. dr. marc siegel joins us now, fox news medical correspondent. this is huge. next question, when will it be ready for humans? >> it is getting there. this is sci-fi but i think it is fantastic, charles. here is where they are. they are in mice. they have taken human virus put it into mice. they're almost into humans. taking human hiv virus put it into mice, bio illuminating, target with genetic material called crispers, they zoom for the h it v virus cuts out genetically to it is gone, cuts it out of the cell. it is spectacular because hiv hides in cells, it hides in our human immune cells. it escapes detection. charles: when it is cutting it out does it harm the rest of the cell? >> absolutely not. but the real question, it doesn't harm the rest of the cell. there is almost no side-effects but the question was could you get enough of it to make a difference? the studies out of the university of pittsburgh and temple university showing getting 96% of virus out. 96%. that is enough to squash hiv so it won't spread. we use a term called viral load, how much virus is in the bod i did i. if it works in humans the way it is working in mice, it is working in mice with human virus, it will work to cure hiv. charles: what is the next step? >> next step it trying it in humans. we're just about there because they're already using it on the human virus. clinical trials will start in humans over the next year or so. charles: this is absolutely fascinating but feels like periodically these sort of stories come and they fade away. you say didn't they have something before? what are the obstacles here ultimately taking what seems to be an amazing breakthrough and becoming a real drug that we can take? >> fantastic question, charles. here's the answer. not with crisper. i've come on the show many times, not ready for prime time. this is ready for prime time. the biggest obstacle with the technology will you make design are babies out of this? will you alter been net ticks too much? this is ethical problem more than scientific one. we've over come that. we're ready to use it for prime time. this is really going to work. charles: wow. dr. marc siegel, really appreciate night good to see you, charles. charles: now this, england's presence phillip retires from public life. liz: from royal duties. he is 96. he is saying no health issues. the queen just turned 91. he did about 110 days last year of official royal duties. he is stepping down from that. he will do them as needed. he will still be connected to representing 780 organizations including many charities. charles: as we debate work life balance in america, retiring early, a 95-year-old prince put in over 100 days of work last year. something is bad out there. we just learned a less on son or work ethic. liz: amazing guy, harlem guy, irish woman and other brit are not here to talk about it. >> stuart said he left great britain 50 years ago. he doesn't want to hear about it. charles: the accent, makes a lot of money with that accent. susan rice, president obama's long time national security advisor refusing to testify before the senate on russia. she probably doesn't want to be asked about unmasking of names for president trump's transition officials. well, we have got the details for you. charles: all right. checking the big board, listen we were pulling back a lot. we were right there. you can feel anxiety. all about the jobs report and maybe movement on capitol hill. we won't stay like this. this is the calm before the storm. we won't forget about the big tech names we always give to you. none down more than 1% for the session thus far. now this. fbi director james comey faced questions from senators about russia on capitol hill yesterday but former obama national security advisor susan rice declined her invitation and president trumis tweing out this morning, quote, susan rice, former national security advisor to former president obama is refusing to testify before a senate subcommittee next week on, he continues, allegations of unmasking trump transition officials. not good. molly hemingway joins us now, federalist senior editor. it is not good, molly, is she going to get away with it? >> this is ridiculous. we need to know from her what was going on. we know there was unmasking of trump officials during the transition. this unmasking of information was not necessary for intelligence reasons. it had nothing to do with russia. the information was widely disseminated. this is kind of abuse of the intelligence system we have to be really on guard against and we need to know a lot more about it. so she is not appear something really not a great sign. charles: i think also another big issue or question for people, last-minute decisions by the obama administration that made it possible for so many more people to have access to this. so many more sources of potential leaks in the future. >> we see how that worked out. we've had nothing you but leaks from former obama officials. at the time they were current obama officials. we have them pushing a narrative russia collision, so much smoke, as of yet, still no fire but they were able to push the narrative using information they had gotten from surveillance and other methods from the intelligence community. it is not a is not a thing for political to use against their opponents. precisely what we were worried about going back to the0's, core you worried about the cia spying on american citizens. charles: molly, what do you think the next step would be. we had the judge on earlier. he talked about perhaps a subpoena, private deposition around perhaps some other public airing out of these things? >> she gave conflicting information. she said she was willing to come meet with them privately but she was very concerned that democrats weren't, that democrats hadn't requested her presence there too. that itself scandal actually. there is no question whether you are a republican or democrat that susan rice is one of the people that you need to speak with. so it really, boggles the mind democrats wouldn't facing more heat for not signing off on that request for her to come over. yes, given classified information she might need to do it behind closed doors, that is understandable. she needs to do it quicker rather than later. charles: now the trump team is starting to fill out a little bit here, any chance they can reverse engineer this from their positions now? maybe find out where the leaks are coming from, find out the rolls that all officials had, even most senior officials? >> you saw a little bit of this in the comey hearing yesterday where people, lindsey graham was asking whether were logs kept of who had requested unmasking of information. sometimes unmask something legitimate. what we're looking at here whether it was legitimate or not. in order to do that you need to look at the logs. from what i understand the intelligence agencies themselves have not been terribly compliant with handing over that information. i don't know if they know it looks bad. if it will look like there is much more unmasking than oversight committees realize, or what the issue is there. charles: molly hemingway, thank you very, very much. this plot continues to thicken. we'll need your help on it a little bit later. >> absolutely. charles: thank you. now this, president trump to meet with australia's prime minister malcolm turnbull today in new york city. president obama's secretive refugee deal, remember that? it will be a huge topic. nick adams joins us now. he is of course a green card warrior author. president trump told everyone to read the book. you made a lot of money on that. we'll talk about that later. let's talk about this meeting. it is interesting, when i look at malcolm turnbull he seems to be in the donald trump mode. tough on immigration from what i could see. he doesn't want immigrants that are there now, you know, so what is going to happen here when these two leaders meet? >> look, charles, there is definitely some similarity in terms of their background. both were businessmen turned politicians but donald trump is an alpha male and prime minister malcolm turnbull is a more of a b male. i don't think personalities work together. charles: does that explain the phone call. >> it most certainly does, most certainly does. my sources tell me it was worse than reported. this is obama deal that has no upside for the united states of merck at all. i think president trump unfortunately in a position where he can't let down what is considered one of america's most key allies. and so he has got to reluctantly honor this deal. but i think there is going to be quite a frosty element to this meeting coming up in new york. charles: by the same token their positions echo the fact they both have some extreme concerns about these refugees he flee these countries and terrorists being embedded among them and burden on host country. >> definitely, charles, it is important to remember, i don't want to get too detailed bit, really malcolm turnbull had no choice because his predecessor he stole the job from is the person that did the work on securing australia's borders making sure illegal immigration wasn't such a problem. he kind of kept that going because it was so popular. in that sense there is some symbiosis. the truth i don't think malcolm turnbull, i think malcolm turnbull is much more open borders guy. charles: really? i didn't know that the headlines i read recently make me feel they were also taking a pretty strong stance but that is wrong? >> australia is but i don't think malcolm turnbull is happy about it. charles: i got you, nick. i want to talk about france's presidential election. these candidates marine le pen, centrist macron. this was serious done donnybroo. the vote is over the weekend. voters decide who the leadership will be. you like le pen. you think she is better choice for french people? >> i'm for america. i'm rooting for le pen. that debate last night i don't think really reflected very well on either of them. i thought she came acrossair row gant and snarky. he came across like moribund vacuous robot with talking points. we need someone in the trump mold. we need one to say to hell with political correctness. as far as that concern is marine le pen is better off. charles: what is hurting her baggage from her father, recall days of the national front? or just embedded left-leaning french people taking longer to make that realization that old ways aren't going to work anymore? >> it's a little bit of everything, charles. i'm uneasy about her father and that kind of bag an that she does carry. you have also got to remember now the french have had several generations of kind of this leftist, secular, avowedly politically correct thinking. that is very hard for them to shed. charles: you know, president obama, sort of threatened the british folks, right, saying if you vote for "brexit" you will be in the back of the queue. now he publicly endorsed macron. does that hurt or help le pen? >> look i really don't know how exactly that is going to play out. the other thing we have to remember, there is as much anti-terror sentiment as there is in france. there is also a lot of anti-american sentiment. i don't know how that will play out. charles: nick, always appreciate it. >> thank you. charles: want to look at the big board. the dow off 11 points right now. just trying to bide time for the most part. chevron, oil hit a new low, chevron and exxon moving lower. same thing with drillers, liz. industry under a lot of pressure. liz: you made a good point about the rig count for u.s. drillers, up for 15 straight weeks. 870 u.s. rigs versus 450 last year. did they get too optimistic? 33 of 34 energy names in the s&p 500 ticking to the downside, moving to thedown vied rather. a lot are drillers and explorers as oil is down 13% this year. charles: wow. thank you very much. liz: sure. charles: coming to a close today. house republicans are set to vote on it this afternoon. congressman burgess joins us now, republican from texas. he is the subcommittee on, health care, congressman the left going after your plan particularly with respect to preexisting conditions. you know the talking point, 24 million people will lose coverage, cost more money. another republican heartless plan. >> yeah. here's the problem. the affordable care act hasn't been working. you've got so millions of americans, 19 million americans paid the fine rather than deal with the, what is available to them in the obamacare insurance markets. you've got whole states that have no insurer in the exchanges. so the, the time to begin to change that is today and this is the first step in what will be a multistep process. the house is voting on the rule right now that will bring the vote on to the floor this afternoon. anthhen the house finishes its work, it goes over to the senate. am one of those people anxious to see what the senate does with our bill. they have been talking about it for some time. i want them to have that opportunity. so today it starts. charles: you realize already that bob corker has said this is dead on arrival with respect to the senate. and it looks like the big issue there is medicaid. medicaid expansion, 32 states including a lot of core red states went for that. it was low-hanging fruit. they were warned not to but idea government paying for your medicaid a few years may be too enticing. can that be resolved? do you think the senate can find a way to get around that? >> well there has, we spent considerable time on the house side in our committee on energy and commerce dealing with exactly that issue. i'm from a non-exexpansion state. there are many people on the committee who are from expansion states. to thread the needle to make it fair to all concerned the expansion states may continued their expanded populations at the enhanced federal match for an additional two years time. anyone remaining on the enhanced match may stay on, but if someone moves off medicaid they may not come back in at expanded match. they can come back in at the state standard federal match. for my state of texas that is 57%. state like texas did not expand under current law, under obamacare is faced with losing about 2 about -- $2 billion august 1st with removal of disproportionate share funds. remember hospitals went down to the white house, struck the deal with obama, agreed to give up disproportional share money. you will not need money for medicaid which pays more poorly. the problem is that promise never reached fruition. the state of texas is lookinat severely having to restrict its budget because of this disproportionate share cuts. i'm happy to say when this bill pass, signed into law by the president, those disproportionate share fund will be restored to texas for this year. it is an important aspect for this budget year for my state. charles: representative burgess, i know you're working around the clock. i appreciate you taking time to share with me and the audience. >> thank you very much. charles: let's check once more real quick on the big board. we were down 10 a moment ago. we're now down 22 points. not sure what is driving that. there is obviously a lot of anxiety that will happen in the next 24 hours. then there is late night politics, colbert and jimmy kimmel is slamming the administration. ann coulter joins us next hour with her take. ♪ i have asthma... ...one of many pieces in my life. so when my asthma symptoms kept coming back on my long-term control medicine. i talked to my doctor and found a missing piece in my asthma treatment with breo. once-daily breo prevents asthma symptoms. breo is for adults with asthma not well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. breo won't replace a rescue inhaler for sudden breathing problems. breo is specifically designed to open up airways to improve breathing for a full 24 hours. breo contains a type of medicine that increases the risk of death from asthma problems and may increase the risk of hospitalization in children and adolescents. breo is not for people whose asthma is well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. once your asthma is well controlled, your doctor will decide if you can stop breo and prescribe a different asthma control medicine, like an inhaled corticosteroid. do not take breo more than prescribed. see your doctor if your asthma does not improve or gets worse. ask your doctor if 24-hour breo could be a missing piece for you. learn more about better breathing at mybo.com. ♪ liz: welcome back. the house will vote this afternoon on the gop health care plan. charles asked congressman mike johnson about it. he says it is going to pass. take a listen. >> i have got to ask, are you going to get this done today? no i think we are, charles. it is a long time coming. this will be a good day for the house. a good day for the country i believe. we'll move the bill over to the senate. ultimately on to the president's desk and fulfill a campaign promise all of us ran for office this last cycle we would do. we'll fix, repeal, replace obamacare. it is a job whose time has come. ♪ what if technology gave us the power to turn this enemy into an ally? microsoft and its partners are using smart traps to capture mosquitoes and sequence their dna to fight disease. there are over 100 million pieces of dna in every sample. with the microsoft cloud, we can analyze the data faster than ever before. if we can detect new viruses before they spread, we may someday prevent outbreaks before they begin. hthis bad boy is a mobile trading desk so that i can ta my trading platrm wherer i go. you know that thinkorswim seamlessly syncs across all your devices, right? oh, so my custom studies will go with me? anywhere you want to go! the market's hot! sync your platform on any device with thinkorswim. only at td ameritrade. charles: weak sales at cheesecake factory, sending that stock plunging but a different story at mcdonald's which makes another all-time high today. they have really turned it around. check this out, apple making a big investment in american manufacturing. liz, you have got the details. liz: yeah, a billion dollars but basically to create a fund to invest here in the u.s., teaching students, software to create apps and the like. the rub here is that tim cook is saying he has to borrow the money. he is now saying you have to lower the corporate taxes in order for apple to bring that money back home. so now the irony is, you have a silicon valley professed liberal ceo saying you know what? we are for corporate tax cuts. he is now the paragone of corporate tax cuts. charles: repatriation. we're the only advanced economic nation in the world has repatriation taxes to begin with. this billion dollars is the proverbial drop in the bucket. >> i like the signal it is sending. future of manufacturing is high-tech, high-skilled, no way getting around it. idea of bringing back jobs 50 years ago, not going to happen. we have to education young people in america to do this work. that is what apple is talking about. charles: conflicts with the efforts to bring in more h1b visas and doing so much manufacturing out of the country. i dig it, in the sense it will get the ball moving. i think it's a little disingenuous. >> don't think it is disinagain with us but i think it is small. tim cook on corporate repayrytation that is big win not just for apple with you corporations around the states take that as ally. charles: president trump will sign a new executive order on religious liberty. we'll take you there when it happens. a picasso, war howl, stuart check #-d them out earlier this week. find out how much they're worth next. your insurance company won't replace the full value of your totaled new car. the guy says you picked the wrong insurance plan. no, i picked the wrong insurance company. with liberty mutual new car replacement™, you won't have to worry about replacing your car because you'll get the full value back including depreciation. switch and you could save $509 on auto insurance. call for a free quote today. liberty stands with you™. liberty mutual insurance. >> ladies and gentlemen ladies and gentlemen, let me introduce you to michael plumber. this man knows art. he has brought fine art into this studio, occupied currently by a a philistine. thank you for being on the program. >> thank you for having me on the program. >> most expensive item picasso for how much. $3 million. >> what makes that worth $3 million? >> well it was painted in 1965. picasso is one of the great masters of the 20th century. he in many ways reunvented the medium of painting. to those who love picasso that is beautiful work of art. >> i got that, but looks like a face that is drawn by a child? i mean, forgive me for being denigrating here, but i don't see why that is worth 3 million? >> well -- >> other than picasso's name. >> as i said, to those of us who love picasso and how he reinvented the way people look at art, the way people look at perspective, it is, it is a gorgeous painting. >> okay. believe me i'm not denigrating this thing. i will take your word for it. moving on to the warhol. >> correct. >> how much? >> 850,000 per panel. those are two paintings. >> originals? >> originals. >> not a screen -- >> it's a silk screen but they're each unique. >> how much again? >> 850,000 for each one. >> for each one. >> yes. >> because it's a warhol largely. >> yes. >> who is -- >> that someone we all like, many of us like and know meryl streep. >> does that add value. >> that adds value, yes. >> number three, let me get this right, that is a magrit. >> yes. >> how much? >> a little under a million dollars. it is at the galleries. >> okay. number four on your right, that is a mirot. >> yes. >> what is, how much is that. >> 350,000. >> why would i pay 350,000 for that? again, i'm not being, sr. cast tick. i just want you to make me understand the value in this thing. >> well the value of these artists are in the context of the history of art. so if you see the paintings that preceded them in their career, works of artists they make sense because they're in the context of larger art history. >> this is not an auction, is it. >> no. these are offered by galleries at the art fair new york spring which opens to the public on thursday. these are offered by galleries vandve fine art, tina kim, dadona gallery and -- >> you collected them all together in one place. >> 94 galleries, park avenue armory. >> park avenue armory. the actual sale takes place on saturday. >> no the intings are available from thursday through sunday. >> could bid up the picasso? if i wanted to pay 4 million, could i -- >> doesn't work like an auction. you go in and talk to the dealer. the dealer has his price. you might, you might accept that price or you might offer a different figure, but -- >> it could be discounted? >> i didn't say that. dealers don't discount. >> that's right. >> but you know sometimes they deal. they negotiate. >> look, mr. plumber, thank you very much for bringing this to us. you made me understand a little bit more about the meaning and value of art. i appreciate that. thank you, mr. plumber. >> thank you for having us. >> we will be back. . . . charles: 11:00 a.m. in new york, 8:00 a.m. in california and the news coming thick and fast. any moment you will hear president trump with national religious day, and on capitol hill a vote expected on gop health care plan. what you're seeing right now is a procedural vote, not the big one, there's also a chance, we may hear from house speaker paul ryan this hour, if he does speak we will bring it to you. we have a jam-packed hour. all star-star guests, stein, ann coulter, we will get take on stephen colbert's job. star focus this hour is washington, d.c., the president set to sign executive order on religious liberty at the white house and the house expected to vote on a health care replace rent plan, we have it all covered for you, let's start with the new executive order. the administration says it will protect invigorously promote religious liberties but some critics says it lets churches get too political. father jonathan morris. father, jonathan, morris, a lot of people saying, this is thrown in by the johnson administration limiting the voice of the church, should it have a greater say of what's going on? >> we haven't seen executive order yet but it seems and president trump talked about this during the whole election process that he wants to get rid of the johnson amendment which is meant to keep from churches from promoting one candidate by spending money in order to promote a candidate, i don't think churches should be electioneering but pastors of many church should be able to speak about social issues, morallal issues that are involved in politics, there's a danger and i think we were going in this direction of governments getting too involved in churches saying, hey, you're not allowed to talk about anything that could affect this candidate or that can date. we do that, we are silencing religious freedom and the right to speak up for our values. charles: the election nearing part of this, if the church is the center piece of its community and may have resources that poll incomes the community don't have, what's wrong with using resources and promoting great for that community? >> i think this is a personal opinion, but i would never, ever mention the name of a candidate in the church. i think there's lots of better ways to do it, talk about values, talk about issue, people can make their own choices, some posters specially in evangelical churches have deded they will belear and up front of who they think they should vote for. i don't think it's necessarily against our constitution but what i do think is actually bad for the church because you hit your horse to a certain wagon that you think is right, that wag open might go in a direction that the church does not want it to go. liz: church's are nonprofit, they could now if this happens deduct in tax returns any electioneering costs. that's a bad thing. you don't want to turn churches or any religious institution into electioneering engineers as father jonathan morris said. it swings both ways, christian churches, jewish faith and muslim faith. where are we headed down here in the johnson amendment should stand and the executive order is a bad way to go. charles: it was truly invoked. liz: no officials looking at it. >> i think because in the obama years freedom of religion, they started using that easily phrase, freedom to worship, religion is something that you do sunday morning and you hang it up in the week and it doesn't inform how you live in the other six and a half days and i thought that was a narrow and shrivel -- >> excellent point. religious liberty is the same thing as freedom to worship well, then, we are limiting religious freedom and that's a very, very dangerous -- charles: the idea that we go from that hour on sunday to perhaps 24/7. >> yeah, i think the whole point of it is of religion that it informs how you live through the week, you can't -- it's not just a him-sing -- hymn sing on a sunday morning, same-sex marriage and the idea that you can scare that circle and you can -- you have to be differed to whatever the judges rule but you get to have hour of hymn singing and the bible. liz: i don't think they care about same-sex marriage issues. it's more about politician for issues. >> same with the health care bill, with obamacare, that really did infringe on many religious organizations ability to participate in serving people, for example, through hospitals. >> yeah. >> i believe president trump is going to through executive order make sure that people can participate and still keep their belief. >> putting churches out of the adoption business because they don't agree with gay -- liz: when you talk about the birth control part of it, it's a shame about women in the table talking about maternity. if men could be pregnant, there would be a four-day workweek. we need to get this birth control issue and teen pregnancies are going down by, by the way. let's get it off the table. let's stop talking about it. get it done. charles: the house is going to vote on the new bill. get it done. i want to bring in congressman, republican from new york, congressman, is this going to make it through? >> yeah, charles. this has been a tough journey but about 1:15 we will get this passed and as we are seeing obamacare fail hour by hour, day by day, this couldn't come soon enough and we are going to pass this over to the senate. they are going to have to do their job to get it signed into law, but the first step is getting it through the house, we will to that today and then pass it on many mitch mcconnell and 52 senators. charles: you understand that there's a tremendous amount of pushback and criticism over this. no cbs score, has been patched together fairly quickly. @doubtful anyone knows anything that's in this thing, so we have a lot bit of a nancy pelosi thing going on here and there are legitimate questions, does this keep trump's promises that no one will lose coverage and premiums will go down and no medicare changes and medicaid changes, rather, it feels like a lot of semantics but no clear answers. >> charles, first of all, it's going to reduce premiums, the cbo score was 10%, we have a score on the base and while there were a couple of minor tweaks at tend, there's not going to be any significant change in cbo score dollars. we've saved tens of millions of dollars. the maybe thing, charms, the exchange are failing, we just found out today 94 out of 99 counties in iowa are not going to have insurance next year, aetna is pulling out. we are going to still continue to feel the pain of obamacare. charles: you're not concerned that you're opening a pandora's box when a future democratic administration takes over and they can exploit some of the things going on, the upton amendment, $8 billion for five years, now democrats get in, what's to stop them from making that 80 billion. it feels like perhaps it's a victory today but you could be establishing a bigger loss down the road? >> no, i don't agree. first of all, i don't see the democrats getting control of congress or the white house, certainly not in the next eight years. putting that aside, obamacare has failed. what we are doing is ensuring up the exchange down the road and it's 7% of americans. let's remember, 93% of americans are getting their health insurance through their employer, tri care, medicare or medicaid. a small number of people and not to discount how that would affect them, obamacare has already failed. it's not failing, it has failed and every day the news is worst and for the democrats to suggest otherwise is disingenius and not truthful. charles: congressman collins, always a pressure. >> it depends on where you want to get to charles, i want to get to the restoration of private health care which is dead in this country. at the moment we have something that's neither private nor a public system and i would like the restoration of private health care and genuine private insurance and given that we, the united states government already spends more than than the french government per capita on each citizen's health care, i would rather we were honest about a public system for those who can't afford private. charles: bottom line, it feels like this is a defacto, final admission that health care is an entitlement that the federal government must be involved in. i mean, this was still the deal on that. >> ann coulter who is coming up in a few minutes, ann made the point of mitt romney's election, if mitt didn't win the goodies would have been kicked in. that's the danger to it. they gotten used to it in canada and europe. charles: president trump to meet with pope francis at the vatican, what are your thoughts? smiles, that's a good thought. >> it's a good thing. what i was thinking is people who briefly said that pope francis would never meet president trump and i thought to myself, there were a lot of reports out there saying, look, pope francis doesn't like president trump, now, i agree that they disagreed on many things, no doubt. but i like the fact that two people can get together that disagree on many things and talk about those things that th can work together for the good and one of them, i think, would be world peace. charles: right. >> and i think president trump would say he's interested in peace. charles: absolutely. >> he's not interested in nation building, et cetera. >> two of the most important people in the world. stephen colbert not backing down. some could argue that comments were free speech. also next up someone who knows a thing or two about free speech, remember her speech at berkeley was recently canceled [phone ring] hey dad. hey sweetie, how was your first week? long. it'll get better. i'm at the edward jones office, like sue suggested. thanks for doing this, dad. so i thought it might be time to talk about a financial strategy. you mean pay him back? knowing your future is about more than just you. so let's start talking about your long-term goals. multiplied by 14,000 financial advisors, it's a big deal. and it's how edward jones makes sense of investing. charles: late show host stephen colbert facing backlash on a fiery monologue on monday. take a listen. >> mr. trump, i love your presidency, i call it disgrace the nation. sir, you attract more skin heads than free rogain, more people marching against you cancer, the only thing you mouth is good for is being vladimir putin -- charles: now the funny man doubling down, roll tape. >> folks, if you saw my monologue on monday, you know that i was upset with donald trump for insulting a friend of mine so at the end of the monologue i had a few choice insults for the president in return. i don't regret that. i have jokes, he has the launch codes, so that's a fair fight. charles: well, joining me author of the best-selling book and trump we trust an ann coulter, these guys are saying on things tv that you have the left going nuts not even saying a fraction of this kind of tough and he gets the applause and you get -- you get ban from college campuses. [laughter] >> well, i would have liked the nuclear launch code better if it was not the left's motive aperendi to take their positions as hollywood, media, academia and attack wal-mart voters, that is what's driving the attack on donald trump. okay, maybe he has a billion dollars but the deplorable supporters they are going after, that's their specialty, to attack weak people, people who don't have cashe and power in america. i really wish they would start doing humor again. [lghter] >> it's just the carrot tops, whichever won. this is what they need pot legalization, no one would watch this without being millennial pot head killing brain cells. charles: on the other side, i would agree that he has the right to say what he just said? that's free peach -- speech no matter how much anybody like it? >> my objection is amount of taste and morons that can watch over and over. i guess their ratings are doing well and that compares to almost being canceled. too many pot heads hearing carrot tops over and over. that isn't human -- humor, it just isn't. charles: what about the berkeley situation, it captured the country and a talk for a long time. what happened, can we do a post post they kept bragging about the beginning of the speech which was getting on my nervous. the communists took over the university and no more free speech. what they say about democracy in the third world, one man, one vote, one time, they got their free speech and that's it. now you have the -- not so much the students who were the people smashing tar bucks window whenever a conservative comes down, it's the -- it's the professors, it's the administrators, they are on the side of these masked thugs and that's why police were told to stand down time and time again. gosh, our hands are tied because these thug wills come out and smash windows. well, here is an idea, maybe if you arrest them when they break the law, did you see the press conference when there was a captain from the berkeley police saying, we will break the law. [laughter] >> could you get a cop, somebody call the cop. charles: would you ever entertain speaking there in future? >> i tried to up until the last minute. we were about to win, the law was on our side unless the judge, i don't care the ninth circuit, we were going to win an injunction, my allies pulled out. i'm very disappointed in that. i would prefer to go in with allies, backed down in the cusp of victory. charles: i hope some day that you get to speak there. >> thank you. charles: puerto rico filing for bankruptcy protection now on court protection. what it amounts to the largest ever u.s. municipal bankruptcy. the governor made announcement right after negotiations with bond holders fell. puerto rico owes $73 billion to creditors, from puerto rico to paris. well, you know everybody, france is going to vote this weekend, our very own ashley webster is there. living the life and getting paid for it. he will be next with the latest. ♪ predictable. the comfort in knowing where things are headed. because as we live longer... and markets continue to rise and fall... predictable is one thing you need in retirement to help protect what you've earned and ensure it lasts. introducing brighthouse financial. a new company established by metlife to specialize in annuities & life insurance. talk to your advisor about a brighter financial future. won't replace the full value of your totaled new car. the guy says you picked the wrong insurance plan. no, i picked the wrong insurance company. with liberty mutual new car replacement™, you won't have to worry about replacing your car because you'll get the full value back including depreciation. switch and you could save $509 on auto insurance. call for a free quote today. liberty stands with you™. liberty mutual insurance. charles: now to the election in france with marine la pen and emmanuel macron, okay, i'm sorry, the candidates holding a heated debate though last night. let's take a listen to some of it. >> i do realize that you are not credible, mr. macron, do you realize that? >> i am much more credible than you because i don't feed -- i don't cynically feed off the misery of these employees. charles: all right, well voters are heading to the polls on sunday. ashley. [laughter] ashley: what are the odds of that, charles, yes, indeed. boy, that two and a half hour debate last night was something. if you thought hillary clinton and donald trump was testy, last night was two and a half straight hours of insults and i don't think it impressed the french population that much. for instance, marine la pen talking about macron saying he's arrogant, spoiled, cold-eyed smoking banker, those are fighting words and macron calling la pen ill-informed corrupt dangerously nationalistic and hateful liar. those are more than fighting wars. it was a fight last night and again that many people were impressed to be honest with you. as for the polls right now, well, macron still has a 20-point lead. i don't believe in polls specially after brexit and, of course, after donald trump, but i do have a good friend here in the coffee with me, his name is pascal, what did you think of it? >> it was impressive because everybody was fighting both la pen and macron and they didn't give real answer to the people. ashley: we will see what happens on sunday. charles: back to -- that is is wild card. the university of california at the center of a new scandal. state audit revealing hidden money even as they raised tuition. also up next, the man coming down the hall right now, you know him. all rise judge andrew napolitano whoa, this thing is crazy.

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