charles: a democratic that the democratic party is supposed on forever. i am charles payne in for neil cavuto. the hispanic will for decades has been for the democratic party. against john mccain and mitt romney. many say that they will lock up elections for generations many young hispanics are starting to support the gop. mr. ortega says that this happens to be a testament to the

gop's friend. i did not realize that it was centered on the youth. >> yes, absolutely. a lot of hispanics have never really heard what the two parties stand for. i convinced that obama conservatives, have to look for a way to tell my story and talk about specifically how conservative policies can help grow the economy and create more opportunities in education and education and elsewhere and that is a compelling message. charles: isn't that what john mccain did? did they have to tailor the specifically to the audience? >> i think they may need to. i think we saw a lot of that in previous campaigns where there was a sort of assumption where you have conservative tendencies in the parties are really being

specific about how these policies are helping or could help them in this case. charles: i speak to a lot of republicans who say they don't want to pander. sort of crafting your core message in a way that the receiving audience can understand and perhaps grasp it. is that a big mistake? >> well, you cannot pander. >> what is the difference between this and then trying to give this message to hispanics in a way that they can gravitate to? >> well, on immigration, i happen to think that there is a poll that just came out a pandering would be let's change is up and not worry about the details. just because we are convinced that somehow they have locked up

that hispanic votes. i think a much better way is to say, look at the rule of law and why this is important for our country and talk about why there is emirates on immigration. >> political alliances seem to be passed down from generation to generation. sort of a mean-spirited party. what can republicans do to sort of change that mindset? >> well, absolutely has to be an aspirational message and i think that among young hispanics, there is a sense of social justice and i think that the way that conservatives can talk about that is to say let's not look to the government to solve everything and conservatives have to do a much better job of talking about the need for the society. charles: what about the shared conservative principles. i have to talk about when the

dnc drops down from the platform, i always assumed that it was hispanics that they have to put that back in. is there wait for them to support that? >> yes, you're seeing that in texas as well. in some cases even hispanic democrat to say that you are taking it too far. so i think that on social issues, conservatives have an opportunity in that remains to be seen. charles: thank you so much for joining us. now on to the irs scandal. we are now hearing that it also scrutinizes several political candidates and the justice department declined to prosecute these cases. help us to keep up with this. because how do you get a prosecutor to prosecute? >> i guess you shame him into it. this is an enormously complex issue. the president has rocksolid

control over the irs and congress gave it to him. not for this president, but to woodrow wilson, the first president of the irs, and they intentionally gave the president whatever party is in power, that they can use the irs to torment her enemies. republicans while republican presidents and democrats in congress want democratic presidents have this power. to what we do when he wrote the of use is gross abuse? and they won't do anything about it? we shame them into it. >> so who are we? we are the people, the viewers in the show, who actually does this? >> is controlled by the republicans and they have subpoena power and it also has immunity granting power and it can grant any voluntary immunity. whoever in the irs, whoever has this scandal.

giving that person and immunity and then they don't have a fifth amendment right and they must testify because nothing they say can be used against them. but it can be used against others and that treasure trove of information can then be used to pressure and shame the executive branch into doing something. then we have to elect a government. >> you can do that, but it's almost unheard of. charles: jay russell george apparently did ask attorney general holder about some of the selective prosecution, you know, apparently there were cases in 2006 and one that they say that he believes was willful and he did ask the attorney general eric holder about this and there has been no answer. and apparently chuck grassley has been given until july 26 to

give an answer. >> it feels like this that is drawn out in the public loses interest. >> i think it feels that way because of the zimmerman trial. the president has actually benefited. the president was off the front page. the spies were off the front page. even though it is now the middle of the summer. i think this stuff will get back onto the front page. the more that we talk about it, the more the public will resume. but you and i talked about this. >> where is the outrage? the irs cheating and revealing private information and tormenting the president's president's opponent. and nobody is outraged about it. except for maybe you any. charles: as a people we have given away our rights and we assume that it is okay.

you touched on this problem earlier. that both parties seem reluctant to make any change because when you come into power, you get to do this. you get to use this as a billy club, everything that barack obama is doing with the irs, richard nixon. both parties have done this and that is why the congress will not change this statute to take it away from the president. you just won't see it happen. charles: it wasn't for everybody. thanks so much for your input tonight. by the way, nsa snooping and some republicans think they know how to cut the funding. the guy who is leading the charge is next. so how about washington? putting a stop to all of that

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into the nsa. jeff joins us now. congressman cummings how do you propose to define the nsa? >> thank you for having me on, charles. what we are going to have is the department of defense appropriations bill that will define the nsa's collection of american records, targeted at that which is unconstitutional. >> when these agencies get money, all funding, you can actually go and say this particular part of your operation you can no longer do or we will no longer fund the. >> that is right, the language is tailored to prohibit them from using us for that particular purpose. charles: can we say legally do what they have done is unconstitutional? anyone that i know believes it is unconstitutional. it can we say it is an

improvement and therefore we are going to defunded? >> yes, it is unconstitutional. they are going into the phone records of every american in the united states. there is no precedent in history. sometimes they like to set a court case that is not really on point at all but is clearly in violation of the fourth amendment. charles: representative sessions has kind of hinted that he wants to limit the amendments and some people think that includes amendments like yours. if your message resonating with your fellow colleagues, particularly republicans? >> it is absolutely resonating. it's not just republicans, it's republicans and democrats. i worked on a separate bill with john conyers on the judiciary committee and we have about 40 cosponsors on that. split evenly between republicans

and democrats. we have a wide spectrum of republicans and democrats across the entire clinical spectrum and people back there, they are talking about their constituents. charles: do you think that this will be symbolic and send a message? or could it actually be fun that in a way? >> well, our goal is to be fun that operation within the nsa and i think that we can do it. i think we have the numbers to do it. if these amendments are not allowed to be offered on the floor, which is a possibility, then i think that there is a very good chance that we can take the bill down prior to the vote on final passage of the bill spume a lot of people in michigan city you are a superstar in the making. there has been some scuttlebutt in this. the one update that?

>> i have to be representing my district, it's a fantastic district represent. i'm so grateful every time i go back home. but michigan is a state that i think is winnable and we will be looking at it very carefully. charles: representative, this is a serious issue and we thank you for taking it on. thank you so much. >> thank you. charles: companies are fighting back against the nsa. yahoo just won a big court battle and the company is allowed to release some documents proving that they didn't want to participate in this program. a big step in the right direction? >> i think it is. it is highly secretive, the opinions are rarely publicized. what the court said today is that it will publicize its opinion and it is constitutional but it will also allow the disclosure of yahoo!'s brief

which they strenuously objected to the program. charles: that contradicts this. they want the public to know that they they fight these things when they think that they go too far with a government demand. charles: i guess the public is saying, okay, let's listen. with google, their tagline is do no harm or no evil or something to that degree. how hard are they fighting? are they really resisting war can we get an idea that they are really fighting to keep our secrets the secret? >> it varies by company. but they do push back when i think the government is going to far. either in terms of what the law allows word is too burdensome on them. charles: where do you go from here? the news is released. it gives the tech companies a little bit of, you know, a

little bit of breathing room and we try to protect the rights. you haa to give them up anyway, is there anything for the public out there to keep our secrets to ourselves? >> well, you are certainly giving up a lot to do data mining companies, online advertisers who follow your every move on the internet, you know, with a voluntary agreement whether you know or do not come you are allowing them to collect that information. and the government has authorization and it is passed by congress to do this sort of thing. so they want to pull back, it can defunded the nsa or it can just pass a law saying that you cannot do these sorts of things that we object to. charles: when those laws were passed, when we think we have the snooping to the degree that we have, this is monumental. no, i think a lot of people have

said a few years ago, let's go with this patriot act, it makes sense, a lot of phone calls have gone back and forth and it looks suspicious, trying to be proactive rather thannreactive, picking up the pieces. this is entirely different, isn't it? >> it is more than the public had any idea about. that money should have known what they were talking about. charles: members of congress should have known what they were passing. but then they find out what it's all about later on. emotions are high and i think a lot of people thought that they knew what they were passing. >> there are two different programs. one allows wiretapping and communications that are maybe with a person in the u.s., but the target is supposed to be someone who is overseas. that is totally consistent with the law passed by congress. the other is metadata.

whom did you call, when, how long was the call. that stuff is being collected within the unite states. it is completely innocent. that program, i think it shows that we go a bit beyond what congress anticipated in this got to. charles: it is amazing how it has grown. we appreciate you so much. charles: well, we have some bad news for the big-box retailers. it doesn't always stay in dc when it happens in dc. we will have that next who can build you a plan, not just a pie chart? who can help keep your investments on course, whatever lies ahead?

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charles: the standoff between

wal-mart and washington dc is getting uglier. the district recently passing a higher minimum wage has wal-mart looking to high tail it out of there. and now there is actually a fairness rule for others. we are joined by julie radinsky. >> i wonder why they got picked. this is going to hurt low income folks. the very people that they claim to always want to protect, these big union guys and i wal-mart won't want to go into neighborhoods that are in need of an economic boom. the economy and wal-mart has come out and say. charles: marion barry, one of

the guys that passes. his neighborhood is being left out of this and how can he look. >> you know, we have a pretty good memory about that. it is not just wal-mart, i think it is macy's and other stores as well. but i will say that you can always go to wal-mart, virginia, maryland, go down there, get in your car,. charles: what about the idea that this is in other places besides california? >> they tried this in chicago and the mayor vetoed it.

so wal-mart has a pretty bad record of treating its employees this way. because they move people to part-time, it is not a great place to work as an employee. charles: we have 2000 jobs in my thing. no matter how that they might be, i'm sure there are a lot of people out there who are grateful for their jobs and wish that they could get one. >> that's exactly right. the unemployment rate is well above the national average and this is not only about providing jobs, but putting them in poor areas. some areas were the only option key is places like mcdonald's and other fast food restaurants. so this isn't just about jobs for providing healthy options of places to eat. >> on top of that we hear

complaints. we hear complaints about income inequality and still we get these elitist who pass these kinds of rules and laws and i just don't get it. yet the policies make it worse. >> that's exactly right. think about this. you create a marketplace and all the sudden you have a shopping center before you know it. that is what it does for the community and let's face it, the minimum wage is a 25 per hour. they want to force wal-mart to pay 1250 per hour. that is quite a jump. they made the commitment that they will be paying around 1250. they made that commitment and then when this gets codified, i

don't think they're going to take a hike. it makes no sense. >> by the liberals hate wal-mart? >> i don't think a lot of liberals do. they don't treat their employees as well as other stores do. it is known. they don't provide benefits to their employees. they could be just as competitive as they are. >> i have heard a lot of what dems say this has more to do with this elitist stature. >> it is about the 2014 bill and it was a union that defeated the last mayor. so they are positioning themselves for the selection. that is the real issue here.

>> so are they or against the current mayor? so this mayor actually veto a? >> beaker stood up again the last mayor and what he did to the teacher. they have until the end of the week to veto the bill. charles: it feels like it's becoming a utopia. get rid of all the cars and the big-box makers. a couple of years it doesn't make sense. >> i don't want to insult your place of residence, but after living there for years, it is not in. eggs. >> these policies, no matter where they are, they always result in economic destruction in the communities. >> you talk about minimum wage

policies. >> this has not resulted in unemployment is way. >> in india a year ago they were going to let them know there was pushed back. is derailing what was the hottest economy. you need a simple job to step into the congress. well, you want to business, you better do it now. get ready for a lending freeze. i feel it already. enturylink asd it partner, you'll experience reliable uptime for the network and services you depend on. multi-layered security solutions keep your information safe, and secure.

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it is the one it has been a good summer to start a business. new businesses are getting money and gold coast bank ceo joe perry is not getting too comfortable. he said the good times are over. the clock is ticking on the good times, and they are just starting. >> absolutely. we have experienced this is an increase in loan demands, companies come and in the summertime and we have a passion for landing and they want to borrow and they want to build this and expand their business. >> what happens at that point in

the commons to the small banks because we give them personal service and they have access but they don't get from the larger banks. even from a real estate point of view. what we have is increased borrowing for expansion of warehouses and we also have real estate investments going on. charles: things are booming. >> that's right, absolutely. however what happens is the constraints by the government as they began to tighten around the banks, because they are hiring capital ratios, they are requiring them to keep more cash, what this does is does not enable them to lend. charles:

>> absolutely, that is what the government has been doing for the past number of years. they speak out of both sides of their mouth and they put the constraints on the bank which constrained small businesses that want to grow and hire more people. >> it has been unfair that you guys are paying for this on wall street. >> absolutely. you look at the lifeblood of the economy with a small banks. none of them have nearly the problems of the larger banks do and we care more about the small businessman. charles: what about the idea that if it weren't for bailouts, the entire economy would've had to deal with this. it's cute and it would have served a purpose, but there is no way we could've could have

let two or three of the big baseball enact absolutely not. to statistically what you have is a small banks. if you take new york state, we do 90% of the small business lending in new york state and we only hold about 40% of the outset and that's totally wrong when it comes to the small banks. we know from jpmorgan to washington in the back and forth, it like they have this alliance and it is members as the world, the taxpayer money, and it's time for punishment, a guy like you get stuck. >> you hit the nail on the head. they are more politically connected than they have more money to donate to campaigns. what really must happen is the

government has to see and take notice of the smaller community banks. we have been trying to make that happen. but again, it is an uphill battle and it's very difficult for us. but we are the lifeblood of lending in the country. statistically it can be proved. >> i think most of our viewers know for a fact, i hope that they do, that there is this dodd-frank nonsense and all this nonsense and it feels like we are finally getting a little bit of traction. you guys have done a great job. >> thank you very much. charles: we can't lie to you. you are about to sit through a quick commercial break. but after that break, found out how tv commercials are taking a permanent break. you want to hear this coming up next. what?

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charles: tv commercials, on the way out. marissa mayer. turning up the heat. first up, after yahoo!'s buying day, second-quarter results and there is still no sign of how this will actually bring money and. >> it doesn't really matter right now. because we still have this and people really like her. she has been able to right size the company. she has had these high-profile acquisitions and people are giving her a little bit of time because wall street loves good management. they love the ability to shake up a company and move it to profitability. >> she definitely has brought us some enthusiasm.

>> shoo-in in one year ago. the average stock is up 70%. it is because it has been up to me. i want $35 a share. that is what microsoft offered to pay for five years ago for yahoo. plus, what is yahoo? today, the hot thing is people go to hang out someplace and talk to each other. that's the place that they go. charles: she is popular. she is more or less given the benefit of the doubt. >> there is a buzz factor. wall street is saying, okay, it's time to show me the money. >> here is the thing. apple is working on a premium service for the apple tv users and apparently they are going to pay the network every time that we do this. how much is this going to cost

apple? >> i think they actually know next to nothing. we have the system and we are going to help you skip ads when they get ad revenue. the thought that they will pay for you for this, that opens a can of worms. no network in its right mind would ever tell that to advertisers. it's a crazy idea. >> would this be some sort of lawsuit? how would apple make some money off of this? >> it sounds like a good idea when you are thinking about it. i like commercials. they subsidize cable-tv, thee subsidize everything that we watch. to take away advertising is really shortsighted and the unintended consequences are going to come back and bite all of us so they might be barking up the wrong tree.

charles: of course. money is everywhere. i watch some of these commercials and i get back to the idea that apple is going to pay this. >> compared to what dish network today, it would really angry the network. it suddenly just came out were apple goes to the very same things and they want to hurt those guys and say oh, we have a great new service and it shows that kind of arrogance. until a few months ago when they stopped. >> i think it looks more like a rudderless ship these days. okay, so you have these and you have the watch that a lot of people think is a dud as well. charles: i don't know if you guys eat hot pockets, now they are trying to be cool.

relaunching a healthier and more upscale version. i'm not sure if it's a euphemism. but you think that this is going to work? >> i'm sort of worried that upscale means healthier. all i can say is please keep the hot pockets. good and greasy is always going to be better than fresh and @ealthy. good and greasy is always going to be better than fresh and healthy. the key to a successful hot pocket success. >> bolds sagan was about hot pockets and letting reagan be reagan, let hot pockets the hot pockets. it's why we have examined, dunkin' donuts, a backlash against this. >> you think it will backfire?

>> i think every time a brand goes through change, you are in danger of losing the old guy before you attract new guy. i don't think upscale downers are looking to move into hot pockets and give them a try, but they are at risk of losing it. >> yes, we have to keep introducing new things to keep consumers coming back. you cannot depend upon 16-year-olds to keep the market afloat. charles: okay, i think they started with like a million dollars and sold a $40 billion. a great american success story. you guys are fantastic as fantastic. general david petraeus. you know that salary he had? it's been cut after liberal outrage. down to a dollar.

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charles: general david petraeus taking eight peak. taking the university salary into a measly 1 dollar. but where is the outrage over the democratic bigwigs who get paid big time? like hillary clinton's 200,000-dollar price tag for speaking. that is per day.

the double standard is simply outrageous. before we get into the hypocrisy, it is so soon after the scandal. >> he took the teaching gig because he wanted to. the money is going to be paid. i believe you should be paid what the market and an employer is willing to pay you. so i don't have any problem with these presidents raking in big bucks.

god god bless them. but in this case, the director of the cia, he's a major military general, he deserves that. >> running around, making millions of dollars, state colleges making millions of dollars without even a fifth of his knowledge about certain things. i agree with you. but the hypocrisy part, why does this always happen and why do people have these liberal lynch mobs? >> he doesn't vote republican come he's a registered democrat. >> that liberals don't care about this. this is the hypocrisy. they don't like david petraeus because he ill as a military general. so that means that he is a triple threat to the left. so they just chose the salary.

so they will continue to go after this man every single day on that campus the political leaders of our time. >> like i said, i believe everybody should be cashing in and getting what the market will pay in what people will pay. so i don't begrudge them what they are earning. i do begrudge them when there is a double standard when conservatives were military folks are not earning what they should be earning. >> i agree the one i have said

this before, i am putting down president obama making 250 million. that's what i'm guessing. >> you may be right about that. i just want to make one point. i don't begrudge anybody like i said. my old boss, when he left off, we know that he left under resignation when he left, he didn't believe in cashing in on the office. from the time he was on until he died, he did not cash in on a single speech. >> he said also he gave up a secret service. >> he did, he gave up his secret service protection because at the time was costing the american taxpayer $3 million a year and now it is much more expensive. but he said i am earning decent money in the private sector and i can afford my own security and i don't want to be in burden. charles: monica, thank you so much.

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ways. when it came to international fails, he had 850% disapproval rating. people are trying to figure out what our national interests in these areas. he's very outspoken about hosni mubarak stepping down. when it came to be at iranian revolution had nothing to say. so where is the foreign policy? >> it does feel like the president has vanished. >> not like he's never on tv anymore. >> which side do you like? do like the one who's trying to promote this? >> and he's out there talking about student loans and

immigration. charles: how do you know? >> as i read the newspaper. i actually watch more than just the zimmerman child. >> it's an issue. >> realistically we have some things going on in this country. we didn't hear much from the president on that. we had the nsa scandal and a lot of things going on. we have the economy. >> we are criticizing us for whatever he has done. but this has been a pattern and he wasn't really entirely out in front on.

i do think it is helpful for him to get out so we know where we stand on these important issues. >> under the whole segment yesterday on zimmerman. you are done if you do and darned if you don't. >> what about julie? >> the second term is more about this. but it does feel like the president has receded into the background. >> this is a guy. how is he talking about pragmatic things. that is going to backfire against us. i'm pretty positive that he is having conversations with the russians and he doesn't need to do that in front of the camera.

>> he has a big problem when it comes to the economy. he's going to have to accept some responsibility. the lack of willingness says this policy, maybe i wasn't compromising on this issue and i didn't sit down and it makes it hard for them. >> the buck stops here. >> that is exactly right. >> i think he has been happy and i'm happy for him to do it. the voters supported him and that is because he wanted reelection compared to any other president that ran before. >> the economy is not really part of this. no one thinks that this is an exceptional american economy.

>> it should be about the jobs and the economy. some areas you wonder if that is really as his main focus. >> the second half is going to be about this, family trips to africa, chilling out with jay-z, it feels like more of a celebratory move. >> the popularity is low. he needs people to come out and say his legacy is sustained by that with the economic numbers

we have to show for this at the end of the day, the record is not strong. we have determined that. charles: we have to leave it there. julie come i know you are chomping at the bed. the audience, thanks so much, we will see you tomorrow night. im . tonight on "the willis report", gas prices are spiking. in our series of special reports, users guide to health care. melissa: