i am on twitter, thank you so much for watching. lou>> good evening, everybody. i am at the webster for lou dobbs. eric holder announcing a wide-ranging review of possibly clemency for the u.s. drug offenders currently in the federal prison system. a move critics are calling an unprecedented use of executive power. the top lieutenant claiming today that the justice department expects over 20,000 petitions under the new guidelines. the attorney general taking a jab at yesterday's landmark supreme court ruling where the top court upheld a michigan state law that abolishes

affirmative-action in the state. >> the reality is as you all know and as many of you see in the work each day, this great country has a great way to go before the founding promise of equal justice and equal opportunity is fully realized. ashley: the new clemency guidelines as well as the campaign treated as a guidelines of some drug offenders providing more blows to fellow democrats who are already facing difficult reelection campaigns in this year's midterms. carl cameron has our report. >> the justice department's today announced the guidelines for ne nonviolent guidelines downplaying any risk. >> clemency initiative should not be understood to minimize the seriousness of the federal criminal law, and design first and foremost with public safety

in mind. >> convicts must be serving a sentence under old law greater than required under current law. committees of nonviolent crimes without links to organized crimes serve at least 10 years, had no other criminal history, good prison records and no history of violence. under the inmates of the crowded federal prison system, half for drug offenders in 2010. they passed the bipartisan fair sentencing act reduce the disparity between sentences for crack and powder cocaine. the new act with additional reforms has 11 g.o.p. house cosponsors and four republicans in the senate who support in concept sentencing reforms. since congress was already reforming criminal drug sentencing with bipartisan support, conservatives think the president's grandstanding these of orders to score political

points and energize the political left in an election-year favoring the g.o.p. >> he is aware midterms are coming up. >> eric holder went as far as to say felons should no longer be barred from voting urging initial democrats to appeal existing laws. from the campaign battles with mitt romney, use executive power to unilaterally let immigrants coming to u.s. as kids stay without fear of deportation. accused of a blatant pander to voters back then. >> by making a sort of executive orders, immigration front or here on the sentencing front he is sending a signal he is prepared to take effective action unilaterally to accomplish the same thing. >> clemency is always controversial and can complicate the reelection year. they have me worried god for bid a convict gets out and convicts another crime which obviously does happen.

ashley: to put it in perspective, president bush crafted only 11. now the obama administration poised to grant the fee 2000 the prisoners. during a study talk about this and a lot more, number of the house judiciary committee. thank you so much for being here. let's pick up on this right away. i know i have read comments from you. why just drug offenders, why are we picking this one area of crime, should be and stated to others? >> the purpose is to deal with unfair situations. i asked the attorney general in a hearing we had before the judiciary committee if he had any example any attorney general who had ever issued these please based on one particular aspect and he couldn't think of any.

it is again an opportunity this administration aggregating the rule of law because you are looking at the fact you mentioned other administrations. prior to lesser this administration had only granted one of a senate before the election. they are talking about thousands of these individuals. member conveys or individuals that were tried by a judge, jury, prosecutor, defense attorney. these sentences were handed down. what we don't know, sometimes people plea out for some of these because they could have been prosecuted under much more serious times but now they are letting these individuals. ashley: they have done all the right things, they were charged under the same circumstances on today's guidelines that would

not have these long sentences. this is a way to relieve overcrowding of prisons? >> if the law is not good, you have to change the law. but you cannot say if congress change it, we will just unilaterally do it. the other thing is they're taking dozens of attorneys according to their own comments to get people out of jail but yet they come back and tell the public we don't have enough attorneys to prosecute people who are here illegally. they cannot have it both ways. what people are so frustrated with is the rule of law means so little to this administration. he wants to change the law, change the law. don't go back and just save thousands of people will be out of a job. ashley: 6-2 decision saying michigan, the state has the right to decide what to do when

it comes to affirmative action. but again, eric holder actually praising the justice who was in this decision to say this is going to be unfair for minorities. what is your view on that? >> he praises the court when he agrees with their decision, but then when he disagrees he wants to come back. this wasn't a close decision, this was a 6-2 decision. basically what the court said was if they wanted to be color blind, if did not want to have race as a criteria, they had the right to do that. i think if you look at that argument, it is tough to argue with the justification when a 6-2 decision. ashley: she says in those states where they have done away with more band affirmative action

number of minorities has dropped considerably. >> i don't think she had arguments for michigan. that is the case that was before the court. ashley: the president on a trip around asia, years ago supposed to be the pivot to asia. things didn't work out that way. we talk about a trade with asian partners. it has been impossible to achieve, why? >> if cover that area for long time. this is if you want to keep your health insurance policy, you can keep your health insurance policy moment for form policy. the president put everything i were going to do this big shift and he didn't put the resources there. when you look at the trade situation, it has primarily been that democrats hold in this deal up. our allies are really depending upon it.

ashley: thank you so much. gun rights advocates raising a new law expanding for people with licenses to carry can bring their guns in georgia. nathan signe sent in a wide-rang bill into law this afternoon allowing residents to take guns in to some bars, churches, government buildings in certain areas and airports. they have dubbed it the guns everywhere bill. it goes into effect july 1. stocks snap in a winning streak, the s&p off for, the nasdaq fallen 34 points. crude oil down $0.31 below $102 per barrel. gold heading the other way closing at $12.84 per ounce. the yield on the treasury is fallen. 2.69%. new home sales tumbling. 14.5% last month to the lowest level since july.

meantime, delta shares up, up and away searching 6% on strong quarterly earnings. bowling closing higher on an earnings beat. apple gaining follow better-than-expected earnings and an increased tieback. facebook also up after hours. beating estimates due to strong growth in mobile ad sales. coming up later, the opening bell host joining us with reaction from the coo cheryl samberg. stay with us, we are coming right back. >> a deadly antibiotic resistance superbug is out of facilities and into your home. the doctor with the latest frightening details of a study next.

up. a short word that's a tall order. up your game. up the ante. and if you stumble, you get back up. up isn't easy, and we ought to know. we're in the business of up. everyday delta flies a quarter of million people while investing billions improving everything from booking to baggage claim. we're raising the bar on flying and tomorrow we will up it yet again.

ashley: federal health officials said second wave of the flu is hitting some parts of the country. six days minorities are seeing widespread influence all activity including connecticut, all aware, maine, new jersey, new york and rhode island. so good news. a superbug that has long plagued hospitals and nursing homes is now taking up residence in people's homes. a nice guest is an expert on contagion. i'm joined now by member of the fox news medical 18. --dash a team. i want to get rights to this superbug. it has been long said because of the prevalence of antibiotics there are bugs had built up a resistance to them.

is that what we're talking about? and how dangerous is it? >> absolutely. we have given out too many bright treating the antibiotics this country we use animals, stabilize sterilize them. millions of colonies later figure out the combination to the bolt and become resilient. we have created this i'm rsa. it is not resistant to all antibiotics. ashley: it is not once you get it you are in trouble, but obviously harder to treat. >> it is vigorous, recurs. symptoms, skin infections. it occurs mainly in hospitals, but it spreads to the gym and into people's homes. people can have it on their skin and not get infected. somebody next me has it, my

going to get it? he probably will not get it, but once you get it it is hard to get rid of. we have to use antibiotic creams to keep it from lodging. ashley: if it is resistant do we have to come up with another antibiotic to treat it, eventually will it become resistant to that? >> we have a couple. we had some that do treated, but not enough. the reason, the problem is the drug companies don't have the business incentives to make new antibiotics. if you're not going to use it, viagra people use every day of the week. it might be once every three months. we'lwe only use antibiotics we e and drug companies don't have incentives to create new ones. 23,000 deaths linked to resistant bacteria. it is a huge epidemic.

>> washing your hands, using the phone, corel, all that helps. if you have i'm rsa, you can put the clorox in the bath. that will get rid of it. not over treating with antibiotics, figuring out what somebody has and treating them early. >> wanted to talk about overseas, ebola showing up again in guinea, places in africa, 147 world health organization reporting the people being killed by this, is this a major outbreak? >> i wrote a book on fear. ebola is more about the fear even though it is highly deadly virus. the issues is it does not spread

through the air. whereas some of the others we worry about do, will not get it by breathing on somebody who has it. you have to literally eat food contaminated with it. i don't see is spreading. right now they're banning that soup. ashley: before we run out of time, the second wave of the flu moving in, what is the main flu season exceptionally harsh? >> it is called influenza a be at the late flu season is influenza b. they are not as strong, they are not as powerful unless you happen to have it. we are seeing a very big outburst of it this year. six states have widespread activity. seeing a lot of hospitalizations. with the a lot of secondary infections.

they get a sore throat and bronchitis and i have to give them antibiotics. again we over treat the virus with antibiotics. we are not reporting it enough. it is getting people sic secondo the hospital. ashley: thank you. time now for the online poll results. we asked if you agreed with the supreme court affirmative action should be banned. 96% said yes, 4% said no. vote in tonight's poll. do you disagree with eric holder when he says it has a way to go for the equal opportunity is realized. you can cast your vote, later we will reveal the quotation of the day. some animals breaking guinness world record after jumping in dubai. the tallest building in the

world over 2716 feet high. the daredevils wore when the suits enabling them to soar and parachute that allowed them to float to earth. we will be right back on the ground after this. ashley: smart on crime? the new clemency guidelines have some calling it an unprecedented presidential power grab. our favorite talk radio show hosts reacts. they join us next. all stations come over to mission a for a final go.

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why relocating manufacturingpany to upstate new york? i tell people it's for the climate. the conditions in new york state are great for business. new york is ranked #2 in the nation for new private sector job creation. and now it's even better because they've introduced startup new york - dozens of tax-free zones where businesses pay no taxes for ten years. you'll get a warm welcome in the new new york. see if your business qualifies at startupny.com

ashley: hbo signed a multiyear deal with amazon prime video streaming service to provide classic series like "the sopranos," 6 feet under and the waiter. amazon prime numbers can take a part of that deal may 21. netflix not great news for them down 5% on that news today. meanwhile the drug medications about to engage in an about-face on net neutrality. "wall street journal" reporter in the sec will propose new rules that will allow internet service providers to offer a fast plan for video and other content downloading and

streaming as long as a content company is willing to for it. the previous rules were found out earlier this year for treating the isp as public utility. stocks closing lower with the s&p snap a six-day winning streak, investors adjusting a slew of earnings reports today. some companies reporting. here is the chairman. thank you for being here. market probably not surprisingly certainly s&p taking a bit of a breather. six-day winning streak now. we take a breather. >> i six-day losing streak before. i the mouse for a couple months ago we talked about the market and i said probably going to see five to 10% correction. saw 3% down on the s&p, 10% on the nasdaq which is the most important indicator of the market. and it is taking a breather.

ashley: housing continues to struggle almost like one step forward, two steps back. how important is the housing sector to the overall health of the economy? >> things are changing, we're going to live in tents now. it is a joke. if you look at the facts, we are so under billed on the housing in this country, people are so negative on housing because we got so shellacked in the last crash, people are coming back. just another pause. they are greedy as obese, that is the only reason. you have to understand it is only because they got caught. there are very happy doing what they were doing. ashley: even though what they were buying, they were making money on it. >> because they passed it onto to a third party.

ashley: that is true. expectations not that great come into the first quarter. some rough weather. things were not so great. the bar is so low, anybody can walk over it, right? >> the idea was supposed be a 4%, now supposed to be up 1%. the real key is not earnings, the real key is the revenue growth continues to be very slow because the economy continues to be very slow. the county is growing's lowest rate since the great depression. ashley: what will it take? >> no the nasal trim? it comes in a white powder. look, the bottom line is everybody is concerned, and the reality is nothing could be

better because slow economic growth gives the fed are covered to keep rates low, and money is available. so this is the best scenario. ashley: why should be so concerned with what goes on in china? she woul we be concerned about ? >> that is probably the one thing we should really be concerned about because china has provided us with all these cheap goods that we can markup. china buys our pressure. china is at a foreign council meeting. china really is a big deal. they better straighten it out. ashley: thank you for being here. great stuff, entertaining stuff as always. and be sure, by the way, listen

to the financial reports three times a day coast-to-coast on the radio network for all the day's biggest market and business news. two american astronauts completing a crucial repair job outside the international space station during an hour-long spacewalk they swapped out a backup computer that failed to a skillet a new one. stay with us, we will be coming right back. >> president obama in the land of the rising sun, the first stop on a four nation asian tour. lieutenant colonel on the commander in chief newly balancing act in the pacific. it is next. you make a great te.

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ashley: president obama are arriving in japan today for the first time we will also see him travel to malaysia and the philippines and south korea. it is meant to reassure the

allies put to china's growing influence. kicking off informal diplomacy holding a private dinner with the japanese prime minister at the $300 per plate sushi restaurant. boots on the ground in poland. 1500 u.s. army paratroopers arrived in the first wave aimed at reassuring eastern european allies to show strength of the russian meddling in the ukraine. 600 troops will be in poland in in dystonia for military exercises today pointing the finger at the united states accuses the united states to be behind the political upheaval say moscow will respond -- responded to the address come under attack joining us now colonel ralph peters thank you for joining us.

starting with asia because the president is on his trip out there. in the certainly the issue of the island in the south china sea is one issue that will not go away. but chided will not pay attention to what the president has to say? >> they will pay attention but not taken seriously. it is baffling. the whole idea of a pet to asia was so naive and historically illiterate that is from the beginning and it irritated our european allies well america pulls up the stakes in the navy to a of the administration was standing. they had a military presence in the pacific since commodore perry opened japan. we fought to two wars in europe, five wars in the

asia-pacific. is distending. even before the china trade a and obama acted as if he was christopher columbus obama who just discovered japan. but the bottom line is he needs to make this but he needs to do more than talk. they have heard all the talk but the asians are japanese allies, the filipinos, everyone is looking at ukraine, is seeing how easily we have just given up. ashley: what does that mean he has you just use more than words? what can he do to send a stronger message? >> it is not just a global economy but global strategy. right now the test case for the future of eurasia is ukraine and how much putin can get away with. while i am not advocating the use of military force,

certainly stronger hard economic sanctions would be much more effective b&l lot cheaper the and a catastrophic war and that is where it could be headed. so stop just talking to biden's rhetoric meant nothing and we keep saying war is not the answer. there is no military solution but putin keeps opposing military solutions to. >> i think the president draws the line with chemical weapons in syria but what did that come to? and nothing. i am sure the russians will get this and will see the troops come to the eastern borders like poland but how will this play about ultimately? a stare down then it will cool off? >> no. actually.

i am glad we're sending over the next few weeks at paratroopers. that is great but 600 paratroopers on a tourist visa is not quite the same as 50,000 russian troops poised to invade ukraine. in vladimir putin is consistently underestimated in the zero west because he did not go to the right perhaps cool. with his ruthless man of action who is stunningly aggressive, he knows where he wants to go. he is the ceo from hell. and president obama really believes, he believes you can negotiate with cancer tumors. putin is not interested in lowe's buying time and to humiliate.

ashley: i do feel the situation overseas is very unstable. with russian nationalists who cause problems to takeover buildings, indeed weld the interim government is somewhat limited. if they go full out we could see it disintegrate very quickly. >> indeed. what struck me is for all the rhetoric and all the hand-wringing and the threats from washington washington, ukraine is alone on the eastern fringes of europe standing alone against naked military aggression in the not one single country is doing anything tangible. putin if he gets away with his aggression in a angeles like he will, then he will

what more later and connect the land bridge. he has no reverse gear until he gets a law he does the stock. no one will get his way. ashley: a great place to stop right there. colonel ralph peters. thank you. social media fail by the new york police department asking people this week to post photos of themselves using the #n.y.p.d. but backfired allegedly show waiting police brutality. here is the'' of the evening >> just as it exists not to being right or wrong but finding up the right end up holding it against the wrong. theodore roosevelt. facebook unveils the first quarter earnings and our

very of maria bartiromo had the exclusive reaction from cheryl sandburg and she will be here next to tell us all about it. don't go away. if you've got copd like me... ...hey breathing's hard. know the feeling? copd includes emphysema and chronic bronchitis. spiriva is a once-daily inhaled copd maintenance treatment that helps open my obstructed airways for a full 24 hours. spiriva helps me breathe easier. spiriva handihaler tiotropium bromide inhalation powder

does not replace fast-acting inhalers for sudden symptoms. tell your doctor if you have kidney problems, glaucoma, trouble urinating, or an enlarged prostate. these may worsen with spiriva. discuss all medicines you take, even eye drops. stop taking spiriva and seek immediate medical help if your breathing suddenly worsens, your throat or tongue swells, you get hives, vision changes or eye pain, or problems passing urine. other side effects include dry mouth and constipation. nothing can reverse copd. spiriva helps me breathe better. does breathing with copd weigh you down? don't wait to ask your doctor about spiriva. why relocating manufacturingpany to upstate new york? i tell people it's for the climate. the conditions in new york state are great for business.

new york is ranked #2 in the nation for new private sector job creation. and now it's even better because they've introduced startup new york - dozens of tax-free zones where businesses pay no taxes for ten years. you'll get a warm welcome in the new new york. see if your business qualifies at startupny.com hi, are we still on for tomorrow? tomorrow. quick look at the weather. nice day, beautiful tomorrow. tomorrow is full of promise. we can come back tomorrrow. and we promise to keep it that way. driven to preserve the environment, csx moves a ton of freight nearly 450 miles on one gallon of fuel. what a day. can't wait til tomorrow.

ashley: a new report showing hacker attacks killing of 75% in the fourth quarter last year compared at 2012 the disconcerting 43% originated in china. facebook stock rises in after-hours trading after the social media giant reported 72% to be to analysts exhortations from advertisers increasingly like the mobile app to sell their product. fox business has exclusive reaction from cheryl sandberg and maria bartiromo. she spoke with the chief operating officer just moments ago. i imagine it was up peak --

of the. >> company is on fire. revenue up 72% and advertising revenue up 82% but the biggest opportunity? mobility. >> we are making a b with mobile increasingly interested not just to capture the two are with mobile but we have the up partnership with a number of companies and nonprofits around the world focused on bringing more people on line. because we think that benefits them but also because we think the world is a better place when we connect more people and mobil will be the way that is happening. >> what about payments online? you have any news with the pavements business and had the best monetize that pavements business? vinik we have nothing new to announce but we do have that business it has largely facilitated consumers buying things in it is also

important to help advertisers particularly those around the world pay as for the ads that they buy. >> one thing she said we're not a bit coy and we're not a bank but there's more to come in terms of payments is sounds like but some analysts raised their eyebrows about the most recent deal they paid the $80 billion that another 2 billion i asked if there would be more double-digit billion dollar deals on the horizon. most people said they hope not file to you when she said tomorrow morning. ashley: it was not that long ago that we said this is a great company. everybody likes it but where is the money going to come from? and people are lining up to advertise on facebook. >> one of the key thing is is they have these tools

where traditional advertising vehicles don't they measure how many users come to win their active active, when they are engaged so these tools they invest in these and it is helping in a big way. ashley: you don't think big purchases around the corner? >> but i don't want to give away until tomorrow. ashley: a great cheese. [laughter] thank you for being here. catch the entire interview tomorrow on "the opening bell" right here on fox business. to vote on the online poll do you disagree with their colder when he says he has a way to go and tell equal justice and equal opportunity is realize? tweet your response at lou dobbs news. the chairman of the rnc other loads on harry reid is accusing the senate majority leader to violate seven

rules. the "a team" takes that up next. don't go away. up. a short word that's a tall order. up your game. up the ante. and if you stumble, you get back up. up isn't easy, and we ought to know. we're in the business of up. everyday delta flies a quarter of million people while investing billions improving everything from booking to baggage claim.

we're raising the bar on flying and tomorrow we will up it yet again.

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with our auto policies. so call liberty mutual today. and if you switch, you could save up to $423. liberty mutual insurance. responsibility. what's your policy? ashley: before we get to a the "a team" just some of your comments in response to harry reid comments something will prevent him from being elected. babied the voters of nevada at? >> he should be investigated for his dirty tricks and should not be accusing anyone of acting like other tourist. >> the marriage of big government and big business

and unions and freedom will not survive this marriage. we would like to hear from you. e-mail us said lou@loudobbs.com. follow was on twitter or go to the facebook page. links to everything that the jobs.com and all authors of the comments each night will receive a copy of the book "upheaval." that is worth the price of admission right there. the word of the day? defined by the oxford american dictionary as promoting a particular point of view or a tendency by yes and not impartial. contentious. now joining me is the "a team." monica crowley, a fox news radio host don the tom sullivan end of the williams.

let's get to the affirmative-action a supreme court eric holder the attorney-general praising the dissenting opinion a justice sotomayor that this is a major setback for minorities with the ability to access quality education. >> hogwash. >> first of all, was not about affirmative action but the rights of the people of the state of michigan to votes if they applied to say to the states of michigan don't use race. it is so convoluted to say what we're going to do is accuse the 14th amendment to to correct the 14th amendment. you cannot discriminate against people to solve discrimination. >> nobody here except the extremist left that believes in what she said or found in the common sense or the

local parents everybody else says her dissent was orwellian in she spoke in a circle and to your point with racial discrimination. >> but schaede did say the numbers don't lie. if they had the option to do of way with it but the enrollment has gone down. >> right. she is right but affirmative action is not about discriminating. people have a notion it is about substituting marriage for race. in this day and age we don't have a quota system it is race conscious admissions and not race-based. absolutely that would be unconstitutional but that is not the new ones and because it is so nuanced i think the high court to is the proper place to decide and not to

the electorate. >> but eric holder he is supposed to be the top chief law-enforcement officer of the behind the president of united states. his comments are disturbing he is to lead the department of justice equal protection under the law but also supposed to be color blind making very political comments that are wholly inappropriate. >> you will always have discrimination but i agree with eric holder that baby to have this conversation but keep it going. but it still goes back to the fact of looking in the mirror. you are an african-american the president is an african-american the people of michigan voted twice they are not racist a and justice sotomayor is minority. look at the facts in 2014. >> but 1.of affirmative

action does not just helping blacks or hispanics but promoting the diversity. remember what mike espy the minority today may not be in 40 years. >> out what expense? when i was a young man i applied with the fbi agent in charge of said items are a. go where you are a white male. >> that is a problem with application but not the policy. we have to make that distinction. >> remember the minority group of asian-americans is a minority they get harmed by affirmative action policies in these states. >> is the application issue. but the brown people love today in 40 years may be white americans may be a racial minority including the state of california at. ashley: let's move on to guns. [laughter]

the bill that was passed today they call at the guns everywhere bill if you have a carry licence you can take into bars or schools or airports or government buildings. it is a hard concept for me to get my head around. do we need to have collins in bars soon churches? >> here is a problem. we have all these places where i have a mental problem is that aside done freeze zone the icahn to wherever i want and nobody bill stop the here is an opportunity to do with every one it. >> one of the big problems with gun-control the criminals don't abide by the law. the only thing dustups and the bad diana of its foliage

of the connecticut school in a somebody had a new book written legally monetary it is rife that the paper of them they are not registered in the first place in venice of love with legislation. but i do give cause when i can see them legally carried as a play like courthouses that is personal to me and schools. it is unfortunate. ashley: 15 seconds. >> mid term elections to conservatives take the senate? >> yes. weber energizes the voters in november will when. >> the republicans are ahead in at least seven. >> i think it bill be a

close call running opposition into a barack obama is a platform itself. ashley: thank you to the "a team". thank for joining us.ns c tomorrow have a great night. his. his. step seven point two one two. verify and lock. command is locked. five seconds. three, two, one. standing by for capture. the most innovative software on the planet... dragon is captured. is connecting today's leading companies to places beyond it. siemens. answers.

today. thank you for joining us, we will see you back here tomorrow. ♪ ♪ ♪ >> i'm wondering where is the real action in the debate over affirmative action? welcome, everyone, i am charles payne. as we are debating, are we losing sight on how to fix the economics of our country? how can this be sidetracking us for making real progress in this country? it almost feels like every sort of economic argument