Constitutional lawyer says the president s comments to comey were grossly inappropriate, but we do not indict people for being boarish or clueless. What youll see is political theater. Democrats eager to show that the president broke the law. And a democrat will say its like watergate. Every network, broadcast and cable will cover the show gavel to gavel. Look at this, mid afternoon yesterday we learned what comey would say, stocks went up. The dow closed 32 points from its alltime record high and a few minutes from now, it may be opening virtually flat, down maybe five or six points, well see what happens at the opening bell 28 minutes. In other words, as the left goes full bore after President Trump, investors take the rally maybe to new highs. Remember, june 2015, donald trump came down the golden escalator and announced his run for the oval office. Two years on, were seeing what politics look like when a business guy becomes president. Varney company about to begin. Okay. The brits vote today. And thats the cover of the sun, its the british tabloid. Its very colorful as you see. They dont like the socialist leader of the labor party. Now, the ft, Financial Times, poll of polls, shows Prime Minister theresa may with an 8 point lead. Theyve started voting already. First the exit polls should appear around 5 p. M. Eastern this afternoon. Of course at fox business were on it. Next case. James comey takes the stand about an hour from now. And here is what youre going to hear him say. President trump asked to drop any probe of former National Security director Michael Flynn that was connected to sales statements about his conversations with the russian ambassador. Thats one. President trump did not ask to drop the broader probe into russia or possible links to his campaign. When comey told the president he was not on anybodys side politically, trump said, i need loyalty. I expect loyalty. Stuart these are all excerpts from comeys Opening Statement released yesterday afternoon. Judge Andrew Napolitano is with us, hes read it several times. Big question, did the president break t law . I think all i have now is the statement, which obviously is going to be amplified by many hours of friendly and contentious questioning. The statement is like a Christmas Tree with ornaments that everybody likes. Enough there that democrats like. Enough there that republicans like. Theres pars words and lawyerlike language. We know a couple of things, we know that the statement was reviewed by robert mueller, the special prosecutor in the justice department. No prosecutor would allow his potential star witness to testify in a forum that the prosecutor is not participating in without reviewing that testimony in advance. We also know that though republicans would like to be able to ask jim comey about barack obama and Hillary Clinton and the democrats would like to ask him about things that are not directly relate today his statement. Hes not going to answer. Hes not subpoenaed. He volunteered to show up. He can pick and choose what questions to answer and what questions to decline to answer. Stuart okay. Jonathan turley, you heard me quote him. I happen would agree with jonathan. Stuart let me repeat it. I think its necessary here. Jonathan turley, a constitutional lawyer says, look, no obstruction of justice, but we do not prosecute people for brish o clueless behavior. The key word is prosecute, impeachment is a political matter. The people who are his detractors dont have to prove a legal case like you would to a jury. They just have to throw enough mud up there that the house thinks they should go one step further. Do i see enough mud in the statement . Absolutely not. But we dont know whats going to come out today when comey is interrogated. I dont mean to be critical of the members of the complete, but jim comey is probably smarter than anybody thats going to be interrogating him and certainly more familiar with the rough and tumble of interrogating under oath than anybody questioning him. Stuart two questions, number one, we know that the president is probably in the white house luncheon room. I think i know whats coming. And that he tweets. Is it possible hell tweet a response to james comey as hes saying it. And that the members of the committee will pick up on the tweet and present it to the witness. Of course its possible. Its utterly unprecedented and in this hightech age, almost a hightech dialog between them. The president in the private quarters and mr. Comey answering what hes tweeting out. Stuart thats called a tease and thats going to give us a fairly large audience. Youre airing that in 55 minutes. Stuart yes, we are. Last one real fast. Is there anything that President Trump should be really afraid of . Yes, appearing to have engaged in the interference with Law Enforcement for corrupt or venal purposes. That is the definition of obstruction of justice. Stuart well, do you think thats likely . No, but again, my thinking is only animated by the seven passages that comey released last night. I dont know what hes going to say as ty interrogate him of eachin of the seven pages. Stuart judge, youll have a full day. I tell you. Stuart we shall. Im waiting for those tweets. I dont know whether hell do it or not. Judge, thank you very much indeed. A pleasure. Stuart Brian Brenberg is a professor at Kings College in new york city. He joins us now. Now, this could this be good for the president s legislative agenda, the g. O. P. s legislative agenda because the man is under pressure. I could see the g. O. P. Rallying around their guy and getting things done and giving him a win as the democrats go after him. Yeah, i think it can, if the president responds correctly. I really hope he doesnt do what you and the judge just talked about. Stuart tweet. That will be a problem. If he can respond in a gracious way and say, look, im here to focus on the pro growth agenda, taxes, health care, then youve given the g. O. P. Something to rally around and they can say this has been a side show and we want to get to our main agenda. Lets focused on that. The president , were with him. Yes, its possible, but depends on the president s response and youre making me nervous by the conversation with the judge. Stuart what are you worried about . Lizzie is here and shes go the a big smile on her face. Liz im wondering if youre going to get lindsey graham, marco rubio or john mccain ready to rally around. The comey thing, if he thought it was obstruction of justice, he didnt tell his bosses, that undercuts his office. And theyll paint he was threatened over being loyal and about his job. The issue, was he threatened . The president said on tv, this russia thing, you know, thats why i was upset with comey. Stuart i just feel that i dont want to get involved in he said this, and he said that, and then this happened. And nobody can follow it. Nobody. The markets are very good at ignoring the drama. Look at the document yesterday and they said is there something legal here . Answer, no, were fine. Liz the republicans could get hostile. Stuart weve got the nordstroms stock on the screen, look at that, its up 22 , premarket. A 9 gain for nordstrom. We all know nordstrom the Department Store. Why is this happening . Im told theres a possibility nordstrom goes private. Thats interesting. So somebody will buy out the common stock, presumably the premium and up goes the thing. Any more. Liz nordstrom is announcing the exploration of possibly going private. This is an issue, how will they go private . Who is going to help them. Another beleaguered retailer with a bad balance sheet. To go private you have to have another boatload of debt. Stuart if youre going private, you have to buy out the shareholders. Liz and buy it. Stuart 8 higher. What do you think of that. Id like to know what theyre going to do next. If you take a private, a bigger online play or is there a play there. Stuart imagine those who sold nordstrom short. And suddenly its up 9 a share and the shorts are holding a nasty little bag. 21, 22 , theres a gain. Lets look how the overall market is opening up this morning. Im going to say its a muted opening, but please remember, the dow closed yesterday 32 points away from an alltime record high. Investors have seen what james comeys going to say today. Theyve seen it already yesterday afternoon and they still move the market up. Dow jones average, s p average and the nasdaq, all of them went up and are going up a little bit more first thing this morning. How about the price of oil. Talk about a drop yesterday, down 5 . Look at that, down a little bit more today. Were swimming in the stuff. Theres a glut of it on the world market and were down to 45 a barrel right now. All right. How about the big five . This is what we love to quote. These stocks utterly dominate the market and have done the last year, 18 months. Theyre premarket, the fab five, theyre up on the day that comey testifies, apple, amazon, alphabet, facebook, at near here record highs. Back to you brenberg, weve got time on the show for you. Look, this turmoil in washington, you can see right there whats happening to stock prices. Explain it. Its the beauty of the stocks, theyre not washington dependent. Theyre transforming every industry they walk into, it doesnt matter really whats going on in washington. What matters, theyre pushing in, and nordstrom, a few minutes ago, because of amazon. I love that theyre engaging in Creative Destruction and thats why investors are interested. Stuart youve got to watch this stuff. Youre about to see political theaterment i theaterment theater. Im going to give you an example yesterday, object and obstruct from democrats. Congressman repeatedly cutting off the Deputy Attorney general, would not let him speak. We will play you the sound bite. 40 minutes from now. Former fbi director james comey will testify on capitol hill. There will be drama and dramatics, political theater. Well be watching. Watching your money, tech stocks still on a tear. Apple the most valuable company in the world, but, hold on, there are some who say its time to sell. Watch this. Theyre all great companies, might be getting close to time to make the fabulous four. I think were soon approaching harvest time for apple shares. Theres really . Weve written positively about them at barrons. We like the anticipation of the next iphone. Im not sure about the launch of the next iphone. Im more excited about the runup to it. Think again. This is the new new york. 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 huge drop for the price of oil yesterday. It was down 5 . And its down again this morning. Were looking at 45 per barrel. Alibaba, that is chinas amazon, up big and i mean big time. It gave an upbeat forecast. The citys revenues were going to be up about 45 in the future. The stock is up 12 . Thats premarket. Tesla, wow, its been on a tear recently. Look at it go today. Were now at 363, and a high and tesla this morning. The left, as in democrats, may be showing a little contempt for our president during the hearings of mr. Comey today. Let me take you to yesterday where there was a similar outpour of outpouring of contempt. Watch this. Senator, im very sensitive about time and like to have a lengthy explanation to you. Can you give me a yes or no answer. Its not a short answer, senator, it is its either youre willing to do that or not as we have precedent in that guard. The chairman, they should be allowed to answer the question. The chair had to step in and say the witness has to answer the question. To be fair. Stuart and with us is lisa booth. Hi, stuart. Stuart good morning, lisa. Now, lets suppose a democrat does something similar with james comey today. Badgering the man, for example, not letting him answer the question. I think that will make the democrat look bad. What say you . Well, and it will probably happen. I mean, i guarantee well see that here in 40 minutes from now, during the hearing, but youve got to think about it, stuart. I worked on capitol hill for a and so, theres also political component as well, for someone like senator harris. And questioning rosenstein and put it on youtube and put it out on press release and she gets to tout that she was standing up to the trump administration, so theres a political element of this, especially with a young senator like camalla harris and sticking it to the donald trump administration. Stuart i dont think it will look good though. The whole world is watching this. Every broadcast network, every cable network, gavel to gavel. You dont say. Stuart you dont say, exactly. What do you make of the idea, that maybe the Republican Party may rally around him in his time of difficulty and therefore get something done on obamacare and taxes. Am i wildly out of line by suggesting that . I dont think youre out of line and if everything stays where weve been now, and nobody says theres evidence of collusion. In comeys written statement. He basically confirmed what the president said hes not under investigation, that this is a Counter Intelligence investigation. If everything stays the way it is now. I think youll see republicans rally behind him. And i think the best thing that republicans at large is something to get done from a legislative standpoint. They have to get tax reform done. They have to have movement on health care prior to the midterms or he think thats the most damaging and could cost the most harm to the Republican Party not to tell voters you elected me for a reason and we got something done, we governed, we did what we promised. If we cant do that, i dont know what case the members have to voters to get reelected. Stuart theyve got to get on with it. Theyve got to. There is no choice here. Lisa, im out of time. Ive got developments in the Department Stores. I know youll be watching, as well as the rest of the world. I will be, have a good day. Stuart reports that nordstroms is considering going private. Its premarket, a 17 gain and thats helping the other Department Stores. Look at them go. Kohls 4 . Macys 3 . J. C. Penney, et cetera, et cetera. The idea that nordstrom may be bought out and go private, thats inspiring the Department Store industry for a modest gain, who would have thought. Liz inspiring. I feel inspired. Inspiring might be a little strong. Stuart weve been talking about retail ice age for months and months and months and now we have this. How about that . 10 00 eastern, democrat senator mark warner, off he goes and the comey testimony, warner is going it compare the hearings today to watergate. You will hear it. A bar in d. C. , as in washington, opening for a comey viewing. And every time trump tweets about comey, drinks are on the house. Well talk about comey in just a moment. Deartheres no other way to say this. Its over. Ive found a permanent escape from monotony. Together, we are perfectly balanced. 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That is going to give away free drinks if President Trump tweets about comey during the comey hearing. And look who is here, Ashley Saunders is the general manager of the union pub where the free drinks will be given away in the president tweets. Shes going to join us on the phone. Hi, good morning. Stuart what prompted you to do this, giving away free drinks if the president tweets. Are you expecting him to tweet . Im hoping for at least one. It would be disappointing if he didnt. Stuart have you gotten any advance orders . Have people booked up tables and all of that kind of things . No, we arent taking any reservations, but getting ready to open right now and i can tell you theres a line almost all the way down the block. Stuart theres a line down the block, are you kidding me . Really . Are you close to capitol hill . Are they waiting for you or for the hearings . I think a little bit of both. Were one block from the Senate Building and a few blocks from the capitol building. Stuart let me get this right. Its the union club in washington d. C. , the union pub, i should say, in washington d. C. Yes. Stuart if President Trump twe