pressure. we have the big jobs number from the labor department out on friday. we will also get the results of the stress test tomorrow. who will and will not be able to pay back dividends and ipaqs. varney and company begins right now. stuart have a great show. democrats openly insult israel's leader. president obama wants to shut down the duke debate. netanyahu says you are wrong mr. president. mitch mcconnell he wants congress to pass judgment on the deal. president obama does not want that debate. nancy pelosi openly insulting israel's leader. she turned her back on him several times.

it is a very big day. hillary clinton in trouble. apple has an apple pay problem. pop goes the weasel. wait for it. we will explain. varney and company is about to begin. ♪ stuart: what was that heard up to? chet the big board. well above 18,000. normally we would try to come up for a reason for a selloff like this. we are down 13,618,000. i've got the news out of mcdonald's this morning. it will phase out human antibiotics from its chicken

suppliers. mcdonald's at 99. look at smith & wesson. higher profits. better sales. update goes. 10%. look at the price of oil. it has been flat for some time now. the gas keeps on climbing. up another penny overnight. spiking $0.34 just in the last month. let's get to it. the fallout from benjamin netanyahu. a stern warning about iran getting a nuclear weapon. mitch mcconnell wants congress to patch judgment on any deal. congressmen, welcome to the program. mitch mcconnell will introduce a bill maybe next week that says mr. president, you have to route any deal through us.

obviously you support that. >> i think that it is the right move. we will see. let's hope so. i thought the prime minister gave an amazing speech yesterday. a compelling speech yesterday. the action was totally inappropriate. our best ally in the speech he is making on such an important issue. i thought it was a great speech. completely completely inappropriate. >> can i get back to mitch o'connell's proposal. mr. president, any deal with iran has to be brand by us. i am sure that will pass congress. i am equally sure that the president will veto it.

>> will you be shut out? >> i do not think so. not the right way to go. let's have more debate. more discussion. it seems like something the american people would take place. no deal is better than a bad deal. let's hold iran accountable. >> i have to press this. is it possible that president albano will push through a deal that allows the iranians to push through a deal? is that possible? >> let's hope not. and unconstitutional action. doing things that i do not think

square with the principles of this country. that is why we need to engage. >> i am pushing hard here. i cannot imagine that you could get away with a sink out the will of the people. sign a deal. i cannot will leave that the president would shut you out like that. >> he should not. we've we should make sure that he does not. we should weigh in on this issue. that is how it worked. weighing in on these important issues. these important debates. >> they found lois lerner's e-mail. what is next? >> he confirmed that tapes no longer existed. he said that to us in june of this last year.

we have now found a leather and thousand tapes containing hundreds of ms. lerner's e-mails. we have to get ahold of these e-mails and find out what she said. what she was doing. we are waiting for the inspector general to turn that over to us. that should happen soon. they told us, there is potentially criminal act two that he. >> okay. very much at the center of the action. thank you very much, indeed. colonel ralph peters. never afraid to speak his mind. here is my question for him. 1115 eastern this program. let's get to that antibiotics story from mcdonald's.

they are phasing out human antibiotics from their chicken supply line. barry is with us. >> mcdonald's does not always do the right thing. remember in the '90s they went from the big premium burgers. guess what, somebody wants to buy that at mcdonald's. i wish them the best of luck. i hope that this helps them. that is really not a recent why people go to mcdonald's. a reduced effectiveness. why? >> i hope mcdonald's is making this decision based on science. they will not cut this out entirely. what mcdonald's is good that is burgers, fries and shakes.

if they try to go for the healthy set, i just do not think it will work. stuart: look at the price of apple stock please. several stories out today involving apple. >> good to see you. apple is now outselling its rival probally. 75 million devices at the end of last year. the difference different highlights the success of apple's bigger iphone six which also comes with apple pay. it is dominating the market. more banks are eager to join. it could be a reason for increased fraud. fraud may be accounted for 6% of apple pay transactions. much more than when using a generic plastic card.

and then there is this. a new security flaw and apple and google devices. it is called freak attack. it has actually been around since the 1990s when the government provided u.s. software makers to weaker their encryption. hackers were able to get in. apple and google are both working on fixes. one third of encrypted websites could be at risk. >> did we quote apple stock? do we get that again? it is flat. how about that. >> the stock gained 42 more dollars. >> $42 brunn up is quite a big run-up. all right. thank you. colonel ralph peters does not

hold back. he delivers. he is with us again today. he is talking about the speech. while president obama -- i know he will give us a straight answer. however, first please, take a look at this. a crash landing in nepal. the front landing gear just collapsed. no passengers injured. just look at that. panicked evacuation. ♪

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♪ hi, tom. hey, how's the college visit? you remembered. it's good. does it make the short list? you remembered that too. yea, i'm afraid so. knowing our clients personally is what we do. it's okay. this is what we've been planning for. thanks, bye. and with over 13,000 financial advisors we do it a lot. it's why edward jones is the big company that doesn't act that way. stuart: breaking now. this is important. justice kennedy. maybe a swing voter. based on a plain reading of the

subsidies flaw. okay. that would strike down. that is what kennedy said. you do that reading and out go the subsidies. >> subsidies to the states. that would really cut obamacare. >> immediately. >> it is a big development from kennedy. rich edson is in the chamber. check that big board. we are still down triple digits. 18,076. i cannot give you a single reason for why it is down triple digits. abercrombie and fitch its profits down one third. it is blaming low demand. the stock is at a new low.

down 14%. time is money. bottled water at our airports. one company that is being blocked because it is trying to offer water at $2.25 a liter. i am with these guys. netflix and house of cards. why do we binge watch? is it an addiction? >> it is just awesome. stuart: brats in new york city. guess who will cover that story for us. charlie gasparino. all right. let's get serious. colonel ralph. i want to get right at it. do you think president obama will sacrifice israel?

>> i think that he would hand israel over. consider it a good days work well done. i believe that obama has already passively accepted that iran will acquire nuclear weapons. what they are trying to do is kick the can down the road. a decent or indecent interval at the end of their watch. that is coming. this is a president who just does not like israel. as we have discussed he is a red diaper baby. certainly it is an article of faith that israel is an imperialist aggressor. those fighting israel are

freedom fighters. the united states is inevitably guilty of something everywhere. stuart: i will not say that that is an extreme point of view, but that is a very harsh point of view. you said it right out loud. he will sacrifice israel. that is a remarkable thing to say. >> no, it is not. it is not remarkable. i am just not going to play that game. i believe in my heart and soul in my black little heart that israel disappears from the face of the earth tomorrow, obama would not shed a single tear. he regards israel as an obstacle not an ally.

netanyahu came to america and told the truth. to what have we come? the american people have to hear the truth from the prime minister of israel. stuart: ralph is it a done deal? i hate to put it in these terms but is president obama going to get away with this? >> it is not set in stone. it is set in hardening cement at this point. the iranians are too clever for their own good. making even more demands that even obama cannot cave into. it has gone on so far now.

it may inspire and require a military solution. we need pinpoint strikes and nuclear targets. it will not be like that. you stop. you will get big and ugly and messy. israel cannot do it by themselves. they could start a war they cannot finish it. president obama wants a legacy. iran wants nuclear weapons and an empire. the legacy will be an iranian empire with nuclear weapons. stuart: that speech yesterday in congress could not have been delivered in any other parliament anywhere in the world ever. i was sitting on this set next to him was the son of holocaust survivors. he was in tears because it was

america. american people standing up and cheering for the leader of israel. i thought that was a major positive. >> absolutely. one of the major benefits was he delivered it so well. the democrats in the chamber had to stand up and applaud. it will be very hard to support a bad deal. obama likes things like executive action. stuart we are in a mess. we have a president who is obsessed with himself. this is the most politically -- president unimaginable. we live in very, very dangerous times. after the leader spoke he had president obama just go into a hissy fit snit. compare the two men. my god where is our netanyahu?

stuart: we will leave it at that. thank you. president obama wants to take away your guns. do it all on his own. ♪

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stuart: microsoft cofounder says he has found the wreck a long-lost battleship from world war ii. the search has taken his team of researchers more than eight years to get it, but there it is. the latest example of president obama using executive action. here is the quote. interested in using infected if action to raise taxes. he is trying to ban certain bullets. raising taxes or tax revenue by an executive order. >> interested in tax reform or tax revenue.

you do a tax deal with congress. it would generate more revenue for his fast spending ambitions. stuart: i saw a democratic spokesperson on our air yesterday. >> it is absurd. this is the most antibusiness, anti-gross business we have seen in our history. they have vast ambitions to nationalize vast portions of the economy. >> that is what president obama wants. >> fascinating to see what history makes of this guy.

>> 40 years ago i thought i left a monarchy. joining us next hour. talking about this proposed toll it can buy as a kid if order. around 12:15 p.m. on this program today. senator mitch mcconnell wants congress to have approval of any deal with iran. what do you think the judge has to say about that? it may surprise you. the judges next. >> let iran get nuclear weapons. that would be to win the battle, but lose the war. we cannot let that happen. ♪

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will digit loss down 150 points 18,089. i am laughing, take a look at this. bob evans getting hit after reporting weak profits, cut its outlook. investors do not like that down 22%. we have senate majority leader

mitchell and connell, has a bill ready for a vote next week, which would make any deal with iran subject to congressional approval. there will be a vote. judge andrew napolitano is here. surely you don't have any problem with congress taking a look at any deal we make with the crazy mullahs. >> it is not to have a problem but does the constitution have a problem. i don't have a problem with congress, congress cannot interfere with the deal because the supreme court has ruled with respect to foreign affairs the president is the sole creator of for an hour with the exception of declaring war and spending money. however if the president was going to sign a treaty with the iranians the as a two thirds majority. judge napolitano: the president can sign -- i know this won't rest will with un doesn't rest

well with me either. i don't trust the president's judgment for a variety of reasons. the president can sign any executive agreement he wants with his equivalence another country and that remains in place until it is rescinded by him or a subsequent president. if he enters into -- of john kerry negotiate an agreement that mitch mcconnell and the republicans condemned and the president accepts and they reduce it to writing it signed by president obama or john kerry and whether the head of state for foreign minister is in iran it governs the relationship of the countries and does not require expenditure of money that is not already budgeted congress cannot interfere with the. stuart: congress can vote it up or down. judge napolitano: a more basic example, the president decided to reestablish relations with cuba does that on his own. once he builds a huge embassy with money he needs the money. stuart: how about sanctions on

iran? that requires congressional approval. judge napolitano: congress has given the president vast leeway. not this president but his predecessors to impose a level of sanctions on his own in order to take that back there would be legislation he would veto. stuart: can he lift the sanctions that are in place? in 5 deal with the iranians i will lift sanctions. judge napolitano: he can lift sanctions because the statutes authorize him to do. the statutes were not written and the presidency of the barack obama. there a series of statutes that go back to the reagan era but each year congress modify dispatches and each time they did they give more authority and discretion to the president. stuart: i really did. let me sum this up. is possible for our president to make an agreement with the iranian leaders which allows them to get nuclear bomb in ten

years time or whenever. it allows them. there is nothing we can do about it. judge napolitano: congress could enact legislation withdrawing his authority but that would require override a congressional presidential veto. when vladimir putin -- stuart: change in this constitution. life and death issue. judge napolitano: there is something to be said for the wisdom of the framers that the country should speak with one voice with respect to foreign affairs. when vladimir coo putin dennis when vladimir putin got too aggressive the president issued sanctions against the russian bankers on his own. he could lift them on his own so the sanctions he imposed on the iranian mullahs he can lift. stuart: constitutional reform blues will you join me?

judge napolitano: i will not. can i get to hillary for second? judge napolitano: i will be there with you. stuart: she appeared on in the early's list, she avoided the question about her e-mails but she managed to say this. >> is only fair to say don't use them they want to see a woman president of the united states of america? stuart: mary kissel. >> got to love hillary. i would love to see a woman president but i want to see a competent female president there are questions about hillary's competence. look how she ran the 2008 cannes and the and her record as secretary of state and what she has done with the clinton foundation with a took money from foreign governments when she was secretary of state and look what she is done with her e-mail. stuart: i am with you but there are many women that i know some of them very close to me to say i will vote for hillary.

>> that is their choice and i hope the democrats put hillary up because she is a lousy politician, she has a very questionable record and i think her ethics unquestionable. go back to the 1990s roll-call list of the clintons of sleaze so put her up, democrats. it will be great for the republicans. stuart: the judge is with us over his imitation of queen elizabeth has 20 seconds to opine on this e-mail. judge napolitano: is one of ethics and fidelity to the law. the clintons always believed they are above the law. she had classified material on her own clinton.com account she did the same thing for which general david petraeus was charged and is about to plead guilty. the misappropriation, misused and failure of secure classified documents. >> reminds me of that cheap ferry sunk, this is how we do. the american people are reminded what the clintons are all about. can connect to your female

friends think hillary is above the law? "imus in the morning" when you think i am going to ask him directly? are you nuts? we are wrapping it up. we are definitely wrapping this up. after the break an update on the irs targeting scandal with out a legally blind man was the first person assigned to recover less lerner's e-mails. >> i have not done anything wrong. i have not broken any laws. i have not violated any irs rules and regulations and i have not provided false information to this or any other congressional assembly. yes, a raise. i'm letting you go. i knew that. you see, this is my amerivest managed... balances. no. portfolio. and if doesn't perform well for two consecutive gold. quarters. quarters...yup. then amerivest gives me back their advisory... stocks. fees. fees. fees for those quarters. yeah. so, i'm confident i'm in good hands. for all the confidence you need.

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nicole: i am nicole petallides with your fox business brief. the dow jones industrial average is down 99 points 18,103, we are seeing selling across the board. the s&p 500 down 10. nasdaq composite down 14. the dow is down 1/2%. look at the dow losers. we have seen industrial, financial under pressure, all the sectors and down arrows, caterpillar, american express, and walt disney among the laggards. energy, we have seen this group went from being one of the relatively bright spots on wall street to lagger after the annual report is a cute inventory and with that you can look at these energy names down 1% and 2%, adjusted the down 2.8%, trans ocean down 1.7% and

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stuart: the supreme court wrapped up its obamacare arguments, rich edson was in the chamber. justice kennedy, tell us what he said and what the implication

is. >> the court's traditional swing vote acts like the court's traditional swing vote. he is saying those challenging this law that if you are reading this statute as if the states cannot if they don't establish their own exchanges, their citizens cannot get health insurance credit. that would be overly coercive, and constitutionally coercive to construct the law that way. that would be the deck of the government. kennedy comes back and hour later and says the stretch here to me is the irs can make this determination by its of the tax credits can go to these people so he is playing both sides of the argument. we have a good sense which way conservatives are going to go or liberals are going to go but kennedy fits right in the middle and plays both sides. we have no idea which way this is going to go. 1 hour and 25 minutes of argument. the question is if your status not establish a health care exchange, 34 states, can the federal government give your

citizens tax credit. the law says established by the state. one other point to note, justice scalia saying the government could create commerce could create an ill-conceived law. it does all the time. stuart: you are going to win, strike down these subsidies. it is balanced. he is indeed the swing voter. >> and has concerns with those trying to uphold the law. stuart: we will see you again soon. look at the stock price of target with a new high after another thousand job cuts. david asman is here. a long list of companies.

dave: wall street versus main street counterintuitive of a stock price that would go up after the announced layoffs. and stock prices go up and announce layoffs litter happened with a o l, cisco merck, american express this is a partial list and it happens almost every time. for those people in the government who say it is all good news about the economy when the stock market goes up. is not necessarily so. target is laying off those middle layers. that is happening at the corporate level. and what this means is those middle layer jobs, upper middle layer class a getting hurt, lower jobs are often intact. and the good jobs that are getting hurt the most, a lot of people in government whether the

federal reserve or people in the white house saying is great when the stock market has money in it but it is not necessarily done it indication of the economy. >> the great irony of the administration. they came into office promising to redistribute wealth and what they have done is in which the wealthiest in this society by pumping up the stock market. stuart: the fed has done that? dave: the fed has done its in several ways. they have a mandate to do two things, keep employment high and keep the value of the dollar. the dollar has been going up recently, but it has been all over the case but employment, the fed is now more worried about that employment numbers. the fed kept interest rate layers down low. they don't have to spend money when they borrow money and they can lay off workers and make a lot of money and borrowing costs, many of them are borrowing money to buy back

stock to put the stock price high, and that is not helping workers at all. stuart: thanks for the story. i want to get to the irs scandal. according to an affidavit obtained by the daily, the first irs i t specialist to inspect lerner's hard drive was legally blind. washington beacon reporter ms. harrington is with us. i won't be pejorative about blind people on the job doing the job but can a blind person review lois lerner's e-mails? >> people are asking the story couldn't get more bizarre. when lois lerner's e-mail crashed in 2011 first person they brought in to find these e-mails was legally blind. not surprisingly nothing was found. they send it back and say oh we can't recover anything so they destroy the hard drive and had

it recycles. we are finding out now lockhart drive was only scratched, it could have been recovered and there have been 32,000 e-mails sitting in an off site facility in west virginia the irs never even looked for that had these e-mails. stuart: let me go through this. is an involved and complicated process that our viewers are steamed about this. they want answers about the irs scandal. the irs is told recover those e-mails. they try using this particular employee, they fail, then they find we have got the hard drive, it is a little scratched and they got full records, a couple miles away in a warehouse some place sun now we do have those e-mails. is that accurate statement of where we are? >> yes. stuart: has anyone looked at those e-mails to see what is in them? >> the inspector general is looking at them but it begs the question how hard did the irs wants to find these e-mails in the first place?

they have been sitting in this facility for four years after the hard drive crash? the irs never looked for them. the inspector general learns about it and recover the males in two weeks took two weeks to find them. they have been sitting there and there are thousands of e-mails, the guy looks through the end some of ones they already obtained, the house committee but the inspector general is looking for potential criminal activity. stuart: jim jordan, republican of ohio is on the show 45 minutes ago suggesting there may be signs of criminal activity within those e-mails. that is the late breaking story. are you familiar with this? >> yes. they are definitely looking at this because it has been years since the scandal broke and people were looking for answers. the e-mails should provide some to them. it is a shame it has taken this long. stuart: i want your opinion in ten seconds. do you think in the next 18 months up to the very end of

president obama's second term in office in that timeframe we will get to the bottom of the irs scandal? >> i hope so. stuart: do you think we will? >> i think the house committees working hard and they will find something. stuart: okay. we shall see. thanks very much. we appreciate you being with us. why were you shaking your head? >> this is the theme. it is not just the irs but all these other big bureaucracies. we had a decision this week where a judge said to the epa i told you to produce documents and the epa basically lied to this judge. stuart: but in the days of e-mail you are going to have millions and millions of e-mails. >> the problem for the next president because what we have are unaccountable bureaucrats doing what they like potentially breaking laws.

dave: the power of the presidency will prevent the truth from being found out until the next president. stuart: hold face-to-face meetings, no e-mails. i have got to show you this image. it is tearing up the internet, and going viral. 8 weasel writing a woodpecker. say what? what could be going on here? this is a family program but we will have an explanation shortly. another story from the animals. of buffalo in yellowstone national park getting territorial ramming into a car, smashing the front grille. damage to the vehicle $2,780. you have seen nothing until your car has been rammed by a rhino in kenya. dave: was your car rammed by a rhino in kenya?

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stuart: here it is something you don't see every day. the diesel writing a woodpecker. an amateur wildlife photographer snapped this in a park in london. it went viral. the internet having a field day with all sorts of photoshop versions of the original. someone at vladimir putin on

top someone added john travolta from the film saturday night fever. the weasel was attacking the woodpecker. the bird took off in the process of the attack. we have legolands teaming up with star wars, a huge death star. come gone in legoland resort's brand ambassador. she's dressed like princess leia leia. i will give you one minute to advertise this new star wars lego feature. go. >> the force is strong here, we have lego star wars death star model display, the largest star wars model we have added half a million lego bricks, animation, building station, five scenes in front of it that our interactive and it is on a 1 to 70,000 scale. if we were to build this in the one:20 scale it would be nearly

five miles long. stuart: a pretty good minutes's worth of commercial for your new display. sorry we are out of time but i think that commercial is very valuable. and nine grandchildren. good to see you. comment please? you have something to say. >> i love legos because it incurred as creativity. you are not staring at an ipad screen. stuart: such an intellectual response. >> do you want us to the response? stuart: no. mitch mcconnell wants congress to pass judgment on any deal with iran. senator jeff white republican from arizona joins us on that subject. so does wayne lapierre from the nra. president obama wants to ban bullets for the ar-15 rifle by executive order. what do you think wayne will say about this? our two is two minutes away.

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at ally bank no branches equals great rates. it's a fact. kind of like mute buttons equal danger. ...that sound good? not being on this phone call sounds good. it's not muted. was that you jason? it was geoffrey! it was jason. it could've been brenda.

stuart: 24 hours ago we watch israel's leader addressed the american people and let's be clear. the audience wasn't just congress. it was all of us, the american people, the rest of the world too. do you think that speech could have been delivered in any european parliament? out of the question. it will never happen. join me here as i watched the son of holocaust survivors, he was in tears. i asked him why police said he was overjoyed to see congress stand up and cheer for the leader of the jewish state. that speech and the reaction of those who saw it speaks volumes about america. this country gives aid and comfort to our friends. we support democracies abroad because it enhances our democracy at home. it was a proud moment for america but not to president obama. he wasn't there and he wouldn't

watch. i can't remember anything like this. now president obama wants to shut congress out of the iranian nuclear deal. imagine that. we propose to let our mortal enemy get a new in ten years and we the people can vote on it. former speaker nancy pelosi turning her back several times on prime minister netanyahu. those the deliberate insult to a close ally. i am sure she will be in favor of stopping congress from passing judgment on the iranian deal. she doesn't want us to see it. i wonder if she will repeat that famous line. >> we have to pass the bill so that you can find out what is in it away from the fog of the controversy. >> we are going to make sure he

doesn't. that is how is supposed to work in a representative democracy. >> i believe in my heart and soul, in my black little heart as the left might see it that if israel disappeared from the face of the earth tomorrow obama would not shed a single tear. he regards israel as an obstacle. stuart: that was our last hour on "varney and company". coming up in a few minutes senator jeff blake from arizona can congress stop the president from letting iran get a new. we will ask him directly. check the big board, of the lows of the data we're down triple digits 18,095 as we speak. news for mcdonald's. is going to phase out human antibiotics from its chickens supply. that is a big move for a chain struggling to upgrade its image. we will have more of that in a moment. we have apple out selling

samsung around the globe but apple's have apple pay is not hat proves as originally thought. we will get into that as well. higher profit, higher sales at smith and wesson, the gun makers it raised its forecast, she goes 10% on that one which brings us to president obama using executive orders to try to ban certain bullets for the ar-15 rifle. wayne our audience is familiar with this. the president issues an executive order, can you stop him? >> we are going to stop him. he is grasping at straws. this is a president who heads the second amendment he is the constitutional right of americans to own firearms. can swim at the ballot box. he can't win in congress so he is putting on his dictator's hat as will do it by the out. we are not going to let it happen. it is a rabid dog approach to

reach out and buy the person you can bite. stuart: how do you stop him? >> go to congress, cut off the money, over 230 members of congress have signed a letter telling him this makes no sense. this is common ammunition. no more armor piercing than any other round, less powerful than all the deer cartridges hunters use around the country. he simply is trying to rewrite the rules to ban ammunition it if he can ban is ammunition under this false premise he can ban all ammunition. this ammunition is not a problem. no one is saying it is. the president tried to ban guns and couldn't do it. now you wants to ban americans's ammo and we will stop him. "imus in the morning" when you had strong words earlier this week, i want to play a bite for the audience and i once your comments afterwards. roll tape. >> in the media they are in on the con.

they are on the gravy train. today you ask americans they will tell you they don't trust the media. stuart: i think you are right. i think you are right about the media but i have to point out you have won. you win on virtually every occasion where some kind of egregious than control or bullet control comes up. you should be a happy guy. you are winning. >> the american public is losing in the culture of lying and false information that is coming out of washington on all kinds of fronts. the american people are told you can keep your health care that is not true. brian williams, they hear politicians say the border is more secure than ever. you talk about the irs scandal. what the american public is dealing with and i was talking about in that speech is an epidemic of untruth at the highest levels in this country and it has become routine.

everybody gets up every day and based in. it is a fabric of untruth and citizens all over this country, this is why the n r a wins because people with us, they look at the politicians but too much in media and they say oh my god if god is stopped. the situation when someone does tell the truth, they get clobbered. the lives seem normal, the truth seems bizarre and is all crazy and upside-down, like george orwell once said and i have a quote. the farther society gets from the truth, the more they will punish those who speak it and that is what we are having in this country these days and the media people turn on their tv sets and watch them. too often they have an agenda. they want to tell you not what the news is but what to think and there is no where they do that more than on the gun issue where they misrepresent it day after day and the american

public knows it. stuart: thanks for being on this me at outlet. good to see you. we will see you again soon. breaking news defense secretary ash carter admitting it was a mistake to have blurted out a plan to retake mosul. here's what he said on capitol hill. here is the quote. that clearly was neither accurate information nor had it been accurate would it have been information that should have been blurted out to the press. just said that. back to mcdonald's phasing out human antibiotics from its chickens applied. liz macdonald this year for the hour. looks to me like the millennials of spokane. we don't want these antibiotics and the food supply and making this demand and mcdonald's acknowledging. liz: they say they will change the ingredients and finally saying they will take out antibiotics because when humans in just it humans can be susceptible to sitbugs, 23,000

deaths but we know mcdonald's has been at a two year slide in u.s. sales, two years of what is going on here, panera bread and chipotle already have stopped the use of meat that use these antibiotics. stuart: mcdonald's is trying to recover its image. helpful image trying to do that. stock has gone from 90 to $100 in the space of two weeks. liz: chipotle which mcdonald's fun of, about fresh ingredients, ites the fifth of mcdonald's market cap. what a mistake that was. stuart: i had forgotten that but it did. years ago they spun it off and now, to go the is the fifthr

challenge to obamacare the smithsonian is banning the selfy stick to protect visitors and objects especially when it is crowded. you're still loud and encouraged to take selfys but keep the stick in your pocket. those things can be dangerous. stuart: i want one.

i take selfys all time. >> i haven't seen any. you don't put them on social media. stuart: the grand kids know where i am and what i am doing. i need a selfy stick. liz: we will get ready for you. >> get it cheap. stuart: here is what we have for the rest of this hour. rats in new york city carrying fleas that and spread black death. charlie gasparino is on the story. he will join us. can congress stopped iran from getting a new? we head to the senate next funds that one. ♪ at mfs, we believe in the power of active management. every day, our teams collaborate around the world to actively uncover, discuss and

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stuart: lower at apple's stock and its performance bearing in mind the story we are about to relate. the wall street journal says hemant expert has found ford may

be accounting for 6% of apple paid transactions, apple pay, is important to the company. apple hey -- >> led regarding to your apple iphone and swipe at the scanner at the register. stuart: where does the ford coming? >> there has been the story is hyperventilating. fake and fraudulent credit cards, stolen credit cards that are loaded. "imus in the morning" when you got the fake card, fraud card you load into the apple paces in a news that with the retailer and that is where the ford comes in. is not a breach of apple pay. >> the customers retailers won't get hit, the banks will get hit for these fraudulent cards so that is how -- stuart: that is why the stock

isn't being devastated. there was a 6% problem with all will pay, the actual system itself you would have a stock sell-off. >> you would have to clone the apple iphone and load the credit card in there and do the fraud. that is why the stock is not reacting. stuart: it is not reacting. can you put it up again? 129 now, that is $3.5 from its all-time high, you get a report the fraud cap of 6% and the stock doesn't go down there is something wrong with the basic report. stuart: i always thought the apple pay was the most innovative thing about the i phone vi and that was the most important innovation apple brought to the table. >> when apple goes into a sector

it changes it, a four digit security code at the register. it seems more secure. stuart: apple pay and similar versions is how we are going to use credit cards. in my humble opinion. let's get to the serious stuff. senator mitch mcconnell wants congress to pass judgment on any nuke deal president obama makes with iran. i know you are familiar with this. our viewers are incensed congress will not be able to pass any kind of judgment on a deal with our mortal enemies. tell me mitch mcconnell's bill will succeed and you will have a say in what happens with iran. >> anybody who thinks congress won't have a say is something of this magnitude a deal which

will last long beyond this presidency is mistaken. congress will weigh in. this legislation was first proposed by senator corker and mitch mcconnell. stuart: the bill was proposed by senator menendez to democrats, they proposed this bill with senator corker but robert menendez and tim kane have dropped out. they were the democrats backing this bill. they have dropped out. were they pressured by the white house? >> it is an issue of timing. in the last couple weeks, in fact negotiations. all of us love that. congress has a chance to weigh in. this will be a bipartisan move in the end whether it is voted on now or in a couple weeks.

stuart: let me play at sound bite from judge andrew napolitano, he says foreign policy should be the president's job. >> i don't agree with congress taking a look at the deal. did not interfere because the supreme court has ruled a dozen or so times that with respect to foreign affairs the president is the sole creator of foreign power. of the one you heard him, the supreme court has ruled that the president has sold discretion over these deals with foreign leaders. you don't get a look. >> congress imposed the sanctions we currently have on iran and only congress can lift those sanctions permanently. the president under the legislation has the ability to waive for temporary time those sanctions that live from permanently, it has to be

congressional action. congress has a role here and a big one so we will weigh in. stuart: you were setting egregious examples of government waste. i remember senator tom coburn who used to have the pork book i think it was called or the government waste book, have you given an example, the primary a great example of government waste. >> one of the things we highlighted lately is called pork chops so every week we highlight a particular egregious example of pork and the last one was something called the harvest price option. we have crop subsidies that might be justified but the harvest price option guaranteed farmers make a profit even when they're making a bigger profit when they are making a profit and it costs a huge amount, $19 billion over a ten year period so there are many things like that though we have got to look at least some people think

because congressional earmarks argon then there's no waste anymore and that is not the case. stuart: we heard these examples before but nothing ever really changes does it? >> with regard to congressional earmarks, it did but it took a lot of work on the part of people like tom coburn and others who violated these every week and went to the floor on appropriations bills time after time to root out this waste and it did make a difference with regard to congressional earmarks but there's plenty of waste. people say with the sequester and thus doing better on discretionary spending that there is no waste left. that is what the administration would have you believe and that is not the case. stuart: we got a big audience in arizona and they are cheering you on. thanks for joining us. appreciate it. much more on the supreme court case challenging obamacare subsidies. one justice, the swing vote,

details on what he had to say today coming up. no pictures of trucks pulling boats. no photos of men working on ranches. just a ram 1500 ecodiesel that gets the best fuel economy of any half-ton pickup. get more facts at ramtrucks.com

stuart: the supreme court wrapping up the obamacare argument. rich edson was in the chamber. was there any drama today? peter: not too much drama.

more laughter especially when justice antonin scalia said to the defense perhaps congress make an ill-conceived bill here that wouldn't do such a thing, justice scalia saying of course it could be ill-conceived to argue that such a thing were possible, congress couldn't do that, that is silly. that had plenty of laughter. stuart: how about justice kennedy? can you clarify if possible exactly what he said? rich: he tipped his hand in both direction. the whole idea of this is the law says you get a tax credit if you get it from an exchange established by the state. the government is arguing the federal exchanges that apply to 34 states can get subsidies, those challenging the law say that is not true. on the one hand kennedy is saying look, to create the law in a way to force states to create these exchanges would be unconstitutionally coercive.

in that statement he is siding with the government but then he comes out and says later on if the irs is the one to decide what the definition is and who gets a tax credit that that doesn't seem -- that seems like a stretch so egos on the other side of the argument. we don't know where he stands on this. stuart: the new york times has a a sharply divided court. rich edson, washington, thanks very much indeed. rats in new york city carrying fleas that could spread the black death. we bring you the full story. hillary clinton using her personal e-mail for official business. they gee do anything illegal. later today on this network strange inheritance, hit show hosted by jamie colby at 9:00 p.m. eastern tonight. tune in to find out how much is death valley landmark is worth. >> it is big. it is the world's thomas thermometer. >> you would think it is a little crazy to spend $750,000

to build the thermometer.

stuart: we are down. not as much as we were down. 2016 presidential candidate very likely, and hot water.

abc news jonathan karl asked josh earnest if hillary broke the law. roll the tape. >> agencies all across the government. employees of the obama administration should use their official e-mail accounts when they are conducting official e-mail business. stuart: did hillary commit a felony? >> it sure looks like it. let's be clear. it sure looks like she broke the law. with loretta lynch prosecuting it is an equally good chance that you will never see a prosecution.

>> which lott did she break? there are a couple of laws. requiring the preservation of all official records of business. it is clear that she set up this account to circumvent that. there is a federal records act problem. more importantly is, there is a federal criminal law that prohibits any custodian of federal records from concealing those records. if setting up a separate e-mail server to circumvent the law is not concealed i do not know what is. there is a serious question there. stuart: we do not know what we

are seeing in the private e-mail account. pre-sorted by her staff. it is entirely possible that while she was secretary of state she was e-mailing foreign governments about contributions to her foundation. that is possible. >> yes. it is also possible that she was e-mailing other federal employees her own assistance. there is a lot that we do not know that suggests that there are documents out there that are outside of these 55,000 pages that she produced. >> how do you get that? >> congress can seek them. private parties can seek them.

allowing anyone to go to the state department and fake i want to see those documents. i have a right to them. it will not be easy. they set up a firewall in their own home in new york. how do you present a former secretary of state from concealing those documents. it is a very hard question. my son would be able to determine that this was a violation of the federal records act. >> that is right. shannon, you are a good man. i think that this will be in the news for a wild. time to appeal. rats in new york city now carrying the same please that carry bubonic plaque, i am told.

>> i like that you pick me. [laughter] the bigots rats in the world. we hate rats. we are italic in. they pick the one guy here. okay. go ahead. stuart: it is not a joke. rats in the city of new york is not a joke. carrying more fleas. the asian something sweet or other. >> i have to tell you this. you know as someone who jog sometimes in new york, at night

you see these norwegian rats. they came over back in the 17th and 1800s. stuart: are you kidding me? >> you have never seen those huge tales? they seem like infinite knowledge of rats. those are the ones that are susceptible to spreading disease. new york city, even though we didn't and a half, you know what way, i think we can handle this. i am not worried about bubonic plague. stuart: bitten by a flea which jumps off a raft.

>> yes. stuart: that is a flea, isn't it. >> they fight your dog and your talk is it to you. it is possible. i want to show you a trick i had. i lived in new york city. i used to have flight little rats running around my apartment here i would set up traps along the perimeter of my apartment. i would come home and i would hear them in the trap. they are not making a lot of money. you put the paper on top of the trap with the rat on it. you smash the rat. you kill him and you pick it up. it is a one step process. you throw it in the garbage. >> i was not told about the details of your story before we

put you on. >> i actually did some details. it is so disgusting. see if you can get a picture of one. the tales are this sick. >> pretty big. >> they are bigger than cats. stuart: is that your phone? >> nobody cares. >> you are an expert in rats. >> i will put this paper carefully over on this side of the table. charlie, that was good. >> i think that it will be award-winning material. [laughter] stuart: netflix. popular show. house of cards. question for dr. keith ablow. is been watching a sign of

addictive behavior?

nicole: i in the cold petallides with your fox business brief. we are up off the lows of the day. the s&p 500 down a.

nasdaq composite down 10. tomorrow, we will hear from the fed. the first of the bunch. bank of america goldman. all with it down arrows. new high for american eagle. new low for abercrombie. american eagle right now up nine and a half percent. inventory that people are loving. right now the stock is down. hey, binge watching netflix. is it addicting? well we will have that for you next. ♪ we enable you to reach global markets and drive forward with broader possibilities. cme group: how the world advances.

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stuart: i want to bring you up to date on gas. up another penny overnight. by the way 36 straight days that gas has gone up. that is the streak now. we do this every day. cheapest gas in the land. jasper texas. look at humana. look at that stock price please. this is a way. this is a way to play obamacare. dr barton. coming in from delaware.

>> humana has been a strong stock. a really strong sector. the obamacare decision is a big one. we will not get to know the outcome of that until june. i think between now and june, we can see a about more appreciation in these healthcare stocks. healthcare will be a really good place to hide out and humana really strong. stuart: no subsidies. they are gone. they are out of here. does humana go up or down? >> i do not take any of the insurers will survive that. if they do anything they are congress and everyone will scramble trying to figure out how to retain coverage for people. certainly, that will be a big

hit for these providers and insurers. stuart: would you buy the stock? >> i like the turnaround story on mcdonald's. this human biotic thing is something near and dear to my heart. eleven months ago i had to have emergency surgery. the fact that these may be leading towards more antibiotic resistant strains of back area, i think that is a good idea even though we do not have great research on that yet. a lot of people have been jumping on board of grading the stocks in the last few days. i think this speaks to the fact they are trying to reach out to the millennial's. chuck pelletier has done such a great job. i think for the long term to

have a good yielding stock that continues to throw up lots of stock, that is good. you cannot go wrong with having mcdonald's in your portfolio if you wanted there to, three four years. stuart: thank you for joining us. season three of house of cards premiered over the weekend. millions, including one of our producers stated all weekend to binge watch the show. episode after episode. dr. keith ablow will put these people on the couch. >> i think as long as it is not affect your life. your job is not affected. your relationship is not affected. weekend not define it as an addiction.

however, i think people are having trouble staying in their own life stories. staying with reality. people need an escape or they are a lack think to escape. stuart: i suddenly take on the persona or live the life of this fake president of the united states in this show. >> i think that there are some things that people hold that they know the ins and outs of these characters. the danger is they can substitute literally self-knowledge other things in your life. it is not the same as playing a game of tennis. you are not really president. >> i think you have a point on that one. new study.

shows all those after work e-mails bad for your health. angry when they received in e-mail after work hours. we have 10 people on our production team. we are all in the same loop. our guys absolutely love it. no problem for you? >> it is not a problem for me. i know many people for whom it is not a problem at all. adding in all the e-mails and texts and everything else. probably there should be some sensitivity. you would not knock on someone's door and say wait a sec tom a we have one more question. i know you are having dinner. whether there should be guidelines and guidance.

it is tough now to have that life. are you willing to be in the loop 247? are you a good employee? that is what it is all about. >> it is. there is a danger there. what is expected of people for a particular amount of money can get out of hand. there are probably checks that people do not go through. what i actually place a phone call to this person? probably not. maybe it could wait until the

morning. maybe there should be better apps. maybe there are ready are these apps. >> that is good, doctor. you made me think again. i am the guy that does send out an e-mail at the 30:00 a.m. in the morning. >> this is part of your entire life story that you seem to want so much, but you will not take a hub. i do not know why it has to be just the words. there is always a little stiffening. >> are you going to come to new york to the studio next week? >> yes i am. what a pleasure it is. we will see you next week in the flash. a price war going on in the air force. another company is blocking the

move. it is a very good story. one that we could all relate to. next. ♪ one reason 100% of our retirement funds beat their 10-year lipper averages. so wherever your long-term goals take you we can help you feel confident. request a prospectus or summary prospectus with investment information, risks, fees and expenses to read and consider carefully before investing. call us or your advisor. t. rowe price. invest with confidence.

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stuart: the justice department announces it will not trust the cute darren wilson in the shooting death of michael brown. it is unofficial. there is a price battle and los angeles over bottled water at the airport. i have here a liter of water. how much would they charge for this at lax? >> $5.09 is what you would pay inside at the terminal. >> two shops in l.a. they wanted to sell this for $2.25. they were denied the right to sell water for half the price. hudson group manages most retail outlets within airport terminals throughout the country.

manages all the shops. they have the right to say no and they did. stuart: even a different company >> hudson group has deals with several airports and municipalities. they hire hudson group to manage all of the outlets. this particular store in l.a. this particular retailer is fighting back. they have gone to the mayor of los angeles to say you have to stop this. the mayor's office has brought this together. they cannot resolve their differences. this is already going to court. if i was buying water i would still have two pay $5 plus.

>> i had a friend of mine go to the streets of l.a. to pay for that bottle of water. the price on the street is more than $4. baloney. >> that is a racket. more varney after this. ♪

>> is a president that just does not like israel. he is a red diaper baby. columbia. chicago. an article faith that israel is an imperialist aggressor. those fighting israel are freedom fighters. >> that was ralph peters. my time is up. here is deirdre bolton.

deirdre: think you stuart. fierce competition between google and apple. speaking of apple and google, hoover wants them cut out. a rare acquisition of a map in start up. more with my conversation with the ceo of the san francisco giants. speaking of top talent. apple was the best selling phone in china urban china last quarter. 25% of the smartphone market in that country. jo ling kent is with me now with details. you know what, apple is a little too pricey. those iphones cost too much for the average middle-class consumer.