launch tomorrow is the new york auto show. maria: great to have you on the show. thank you so much for joining us. i will see you tomorrow. stuart varney is next. stuart: defendant again as religious freedom law. not licensed to discriminate. you will see him. live news conference from now. the great negotiator, president obama dealing with iran and nukes today. today, his legacy is at stake and so is your security and your money. do not expect an agreement by today's deadline. instead, expect a statement of rugrats made. then there is climate change.

28% emissions cut within 10 years. china does not even have to start. focusing on the great negotiator and how he is doing. don't forget the modern day p.t. barnum, 10s elon musk has done it again, created buzz with the tweet and the stock is up. "varney and company" is about to begin. stuart: welcome to the show. moments from now we go to indianapolis for governor mike pence will update us on india's religious freedom law. he says the law does not allow legalized discrimination. before we get to that news conference judge andrew napolitano is joining us as of right now all. earlier in the show. judge napolitano: always a pleasure to be here.

bernard: when anything governor hence could say today any change he could make in the law that would satisfy you that it is not a license to discriminate? judge napolitano: anything he says today does not change the law and he can't change the law on his own. only the legislature can. if the legislature says this is what we meant the law to mean the statement would be irrelevant because the court decides what the law means, not a legislator. if the legislature amended the statute, obviously we have to read what the wording is. stuart: in an op-ed in the wall street journal mike pence, governor of indiana says our new law has been grossly misconstrue as a license to discriminate. that isn't true. you don't believe that. judge napolitano: the statement is inaccurate because the statute basically says if you are accused is discriminating against someone on any basis, race, gender, age, creed national origin sexual

orientation you have this defense called my religion made me do it and the court must take that defense seriously. by giving you an avenue with which to discriminate and characterizing that avenue as lawful under indiana law the governor may not have intended this but the effect of is to facilitate, encourage and make discrimination lawful in indiana. stuart: you are diametrically opposed to the governor's position. he says it cannot be construed as a license to discriminate. you are saying yes that is exactly what it is. judge napolitano: some of this discrimination indiana is free to permit but none of it is free to make law work encourage. >> the discussion is centered almost entirely to my knowledge around gays and the treatment of gays. judge napolitano: of federal civil rights act of 1964

prohibits discrimination in housing and discrimination on the basis of creed, gender, national origin. it does not prohibit discrimination on the basis of sexual orientation. most states have their own civil rights laws but indiana does not. by indiana not ribbon discrimination in public accommodations or housing on the basis of sexual orientation and saying my religion made me do it defense they are making that behavior wall full. as same-sex couple goes into a florists and says we want you to do our wedding, a florists as i don't believe in same-sex marriage and refuse to do your wedding that would be unlawful in new jersey, unlawful in new york city, lawful and protected because of this statute in indiana. stuart: stayed there for a second. we are waiting for governor pens to appear on the podium. hope you can join us.

judge napolitano: i go wherever you tell me. because of the gorgeous tie. i am not surprised. stuart: i'm a good american. breaking news for you, the house select committee in benghazi has requested interview with hillary clinton regarding her use of private e-mail and a personal server while serving secretary of state. and news from the committee which trade goudy heads. just a few hours ago that was the news. the house select committee on benghazi formally requested an interview with hillary over her e-mails. they hope to get it done sometime in april. i know you are still here. requesting an interview. is that the same as bringing hillary in to congress for hearings? >> preliminarily there is an interview behind-the-scenes. it is not under growth or the news media or public watching. don't know if they requested

that or if they requested an interview in an 04 on public. it doesn't sound like the issue. stuart: they are doing this in frustratingly baby steps. one that give the subpoena and say show up and bring the server? my friends in the intelligence community tell me as long as she did burned or smashed it to bits they can extract every one of her e-mails. stuart: the audience is hanging on every word. let's get to the market and see where we are. tuesday march 31st, we are down 62 points $79.13. stocks are on track to make a small gain from the first quarter this is the last day of the third quarter of course. check the price of oil, cotton told $50 a barrel, down today at

$38 a barrel. governor pence at the podium, listen in please. >> thank you all for coming. it has been the tough week in the hoosier state. but we are going to move forward. as governor i have the privilege of serving the greatest people on earth the people of indiana. let me say first and foremost i was proud to sign the religious freedom restoration act west week. religious liberty as president clinton said when he signed a federal law in 1983, i believe religious liberty is our first freedom. it is vital to millions of americans who cherish faith as i and my family do. it is also vital to the

framework of freedom in our nation. this legislation. was designed to ensure the vitality of religious liberty in the hoosier state. of the leave hoosiers are entitled to the same protections that have been in place and our federal courts for the last 20 plus years and the law in 30 other states but clearly, clearly there has been misunderstanding and confusion and mischaracterization of this law. i come before you today to say how we are going to address that. we have been working over the last several days literally around the clock, talking with people across the state of indiana, talking to business leaders, talking to organizations around the country who have spent time in indiana. enjoyed the hospitality of the people of indiana and we have been listening.

let me say first and foremost as i have said to each one of them the religious freedom restoration act was about religious liberty, not about discrimination. as i said last week, had this law been about legalizing discrimination i would have vetoed it. this law does not give anyone a license to discriminate. the religious freedom restoration act in indiana does not give anyone the right to deny services to anyone in the state. it is simply a balancing test used by the federal courts and jurisdictions across the country for more than two decades. let me say on the subject of the bill itself, i don't believe for a minute that it was the intention of the general assembly to create a license discriminate or right to deny services to gays lesbians, and

it was not our intent. it is not just in indiana but across the country. we need to confront that and confront it boldly in a way that respects the interests of all involved. personal reflection for a moment if i can. i abhor discrimination i was raised with the golden rule, do unto others as you would have them do unto you. i believe in my heart of hearts that no one should be harassed or mistreated because of who they are who they law or what they believe. i believe every hoosier shares that conviction.

as i said, we have a perception problem because some people have a different view. we intend to correct that. after much reflection, and in consultation with the leadership of the general assembly i have come to the conclusion that it would be helpful to move legislation this week that makes it clear that this law does not give businesses a right to deny services to anyone. let me say that again. i think it would be helpful and i would like to see on my desk before the end of this week legislation that is added to the religious freedom restoration act in indiana that makes it clear this law does not give businesses a right to deny services to anyone. we want to be clear that indiana is open for business. we want to make it clear that

hoosier hospitality is not a slogan. is our way of life. it is the reason people come here from around the world and they come back again and again and again. because hoosiers are the kindest, most generous, most decent people in the world. let me say i believe this is a clarification but it is also affects .a fix .. it is the a fix of the bill that has been misunderstood. i know we will. indiana has come under the harsh glare of criticism from around the country and some of us get paid to be under that harsh glare and criticisms so we don't

complain about it. the things that have been said about our state have been at times deeply offensive to me and i will continue to use every effort to defend the good and decent people of indiana. i think it is important that we take this action this week. i have spoken to legislative leaders all the way through the last hour and we are going to be making that happen. now, will be happy to take questions. go ahead. [inaudible question] under this law is it legal to deny service to a same-sex couple? >> this law does not give anyone a license to deny services to

gay and lesbian couples. going into the interview this weekend i wanted to set the record straight about what this law really is. i am very pleased that the reporting about the religious freedom restoration act has significantly improved over the last several days. i think there is a growing public understanding that indiana has passed a law here that mirrors the federal law president clinton signed and mirrors the laws and statutes of 30 states. i am grateful for that. might intention was to set the record straight but i want to be clear on that point. thank you for the opportunity. >> do you regret --

>> absolutely not. religious liberty is vitally important in the life of our nation and to ensure that hoosiers have the same level of scrutiny when they believe their religious liberty is intruded upon in our state courts that they already have in our federal court and 30 other states have for some time is simply the right thing to do. it is that important and i was pleased to have signed it and i stand by the law. >> are you opposed to protected status? >> i am never supportive of that. i want to be clear. is not on my agenda. i think it is a separate question. we are talking about the religious freedom restoration act which is about restoring the highest level of scrutiny in our

state courts when matters of government action intrude upon the religious liberty of hoosiers. that is where i want to stay focused but i do believe that moving legislation this week that would make it clear this law does not give businesses the right to deny services to anyone would be appropriate. it is still under discussion, and consideration but that is the direction. >> [inaudible question] >> expecting this kind of backlash? heavens no. to be candid with you, when i first heard about vote legislation heard that it was

already federal law for more in 20 years i heard that it was the law through statute and court decisions in 30 jurisdictions in the wake of last year's supreme court case, the hobby lobby case i thought it was an appropriate addition to indiana statutes. it moved through the legislative process with good debate but not a considerable amount of controversy. with -- when this he robbed of last week even though i made my position clear weeks ago that i would sign the bill without much discussion, i was taken aback and i have to tell you, that the gross mischaracterization about this bill early on and some of the reckless reporting by some in the media about what this bill was all about was deeply

disappointing to me and millions of hoosiers but we are making progress on that. is turning back, i am grateful for expressions of support that are being given from around the country including many in the media that are articulating what this is about and we will continue to move forward. >> [inaudible question] [inaudible question] >> let me say this. the smear here against this bill is that it created a license to discriminate or a license to

deny service. that is completely false and baseless. i quoted an editorial in the wall street journal this morning that said this is not a license to discriminate. so i think what proper legislative remedy is to focus on the perception that has been created by the mischaracterization. to make it clear that this law does not give businesses a right to deny services to anyone. >> [inaudible question] >> the late 1960s, all hundred in this year tremendously, handed indiana. the you think that explains it?

>> i think the public reaction -- i think it is explained by the fact that this was grossly mischaracterizes by advocates who oppose the bill and frankly some very sloppy reporting for the first several days. i really do believe that. look, if i read some of this stuff about this bill i would had the same concern millions of hoosiers have had and people across the country have had. it just isn't so. when president clinton signed this bill in 1993, the american civil liberties union said the religious freedom restoration act was the most important legislation considered by congress since the first amendment was approved. okay?

when state senator barack obama voted for this bill in illinois it was with a broad and bipartisan support. one of the great pieces of the legislative history of the religious freedom restoration act is it was a way of bringing people together. consensus. this has been broadly supported on a bipartisan basis. i would suggest to you, what explains the concerns that have been expressed across the state and across this nation has been mischaracterization ended real sense that is why i think we need to focus specifically on this perception that this creates some license to discriminate and that is what i am calling on the legislature to do. >> the lot being -- what about

that. >> the language is being worked out. what i want to make sure it is clear to hoosiers which is the people i serve and clear to anyone that come to visit our state. there is in this legislation no license to discriminate no right to deny services. i think we could deliver that -- developed that language. >> just this morning issued an e-mail to his supporters -- >> this, this law does not give

anyone a license to discriminate. this law that i signed last week does not give anyone the right to deny services. the language that i am talking about adding, i think would be consistent with what the general assembly intended and certainly what i intended. >> the legislature sent you a bill that includes discrimination, signed -- >> i am calling on the general assembly to send me a bill that focuses on the issue here, that focuses frankly on the sneer that has been levelled against this law and the people of indiana. that is that somehow through our legislative process we enacted legislation that created a license to discriminate. that is so offensive to me as a hoosier.

it is offensive, i know it is offensive to people across the state of indiana. we have to correct that. first just because it is not true. and secondly we have to correct that perception because it has to do with the perception of our state and our businesses. stuart: let me briefly summarize what governor pens has said so far today. there is one key main point. he says by the end of this week he wants legislation on his desk that would clarify and fix the view that no business in the -- in indiana can raise -- refuse service to anyone. he wants that legislation on his desk by the end of the week. judge andrew napolitano still with me. the only way to fix this would be to include discrimination against gays and lesbians explicitly. is that correct? judge napolitano: that is something the indiana legislature for whatever reason

and is free to do so has declined to do for the past 20 years. if indiana wants to join the other states that made discrimination in housing and public accommodations on the basis of sexual orientation against indiana law they are free to do that. that would render this statute meaningless because right now the statute protects that type of discrimination. stuart: in your view that is the only way to fix what is wrong with this legislation. judge napolitano: the governor's the ms. flo they appear to be heartfelt and i know him and maybe like you you interviewed him i don't think he is a racist, so that all but his statements do not change the meaning of the statute nor the courts take into account his statements when they are construing the statute. stuart: he said consistently wants legislation to fix this. you wants it on his desk. judge napolitano: if the statute is amended by the legislature is a new statute that will then control but if there is no amendment his statements are for

political consumption only. the courts will not take into account. bernard: when he referred constantly that the law is not a license to discriminate. in this to use that expression 20 times in the course of a 20 minute -- judge napolitano: i understand why he is saying that because he has come under such heat for having signed this but it clearly is a license to discriminate. because it says you can refuse to do business with anyone you want as long as you have a religious basis for that refusal. stuart: cheryl, he sounded to me, i would like your comment on this, the governor sounded to me defensive he seemed hurt he actually seen the emotional. seemed like he was insulted by the bras of criticism this law has received. cheryl: and likely surprise by the events of the weekend that led to this press conference. what is so interesting have been listening to his breathing. he seems very very tense.

the briefing is a sign of distress in the body and also what i find interesting is i don't know the breakdown of the indiana legislature but they have got to agree. judge napolitano: giving them three days in which to do it, the same week the sports world is focused on indianapolis i don't know that it can get that. stuart: wouldn't it just be a paragraph? use the word gays and lesbians? judge napolitano: the indiana legislature sits every day the with the congress does, most legislatures do not sit every day. perhaps they do in indiana. stuart: it is not a full-time job apparently the legislature in indiana. they all have other jobs. is going to be a scramble to get this together but here's mike pence almost pounding the table i want this on the desk by the end of the week. judge napolitano: until he signed this last week he was in a list of those who might cost there had in for the republican

nomination for president. it is cleary is no longer on that list. he may have seen his presidential dreams evaporate forever or at least postponed for four to eight years. cheryl: we are getting a lot of commentary reaction to what we're seeing on our television sets and one thing that has been posted is it is a picture of when he signed the bill with eric miller, someone who distributed the fear fire claiming pasteur's can be jailed for preaching against homosexuality after same-sex marriage, threatening the church. so many people that were is fair in the signing room are kind of that is coming out on twitter and social media sites we monitoring. judge napolitano: if there is this inclusion of gays and lesbians in the fix piece of legislation do you still have religious freedom can say what you think and do what you want to do on religious grounds in the state of indiana? judge napolitano: you always have religious freedom to say what you think and you always have religious freedom to practice your own religion.

you do not have the ability when you own or operate a public accommodation to choose your customers. they choose you. stuart: if i am running a health clinic and i'm a practicing catholic and i am opposed to abortion can i refuse to give the abortion pill to people and coming to the clinic? judge napolitano: yes. stuart: i can do that under indiana law? judge napolitano: if your a pharmacist you cannot refuse to sell the bill. you can't refuse to perform the abortion but you cannot refuse to sell the pill if you are a pharmacist. stuart: that is the other side of the gay and lesbian coin. the other side is the abortion debate and religious freedom within that debate. cheryl: a big part of the process is the church and the question of the church that was brought up yesterday with the judge's law because the church has a very vocal lobby in the state of indiana. they rallies their support

behind the legislation the end ed up on his desk. bernard: the governor of indiana says i want on my desk clarification and a fix so is clear to everybody and within the law that businesses cannot refuse service to anyone and that will explicitly include gays and lesbians. judge napolitano: he didn't say that. stuart: that was what he has got to do. judge napolitano: to satisfy the pain and public pressure he is under now. he is obviously at very paint man, it would have to include that. stuart: i am glad you are here because i have breaking news on another subject which we pointed out earlier on the program. the house select committee on benghazi has formally requested an interview with hillary clinton over use of private e-mail and the personal server as secretary of state. they hope to get it done some time in april. an interview. we are getting more detail on what interview is. it would be conducted behind

closed doors. it would also be -- what is the word? transcribed and written down. judge napolitano: why behind closed doors? there is such a public interest in what justification for all this lawbreaking could possibly be. the public has the right to hear the questions and to hear the answers as they articulated. it almost sounds as if congressman dowdy and his colleagues are showing her some special deference which she has always claimed and treating her differently than any other witness. stuart: what is the penalty for not telling the truth behind closed doors in a transcribed interview? judge napolitano: same as not telling the truth and a public interview. the penalty for lying under oath to the congress is the same as the penalty for lying to the congress when not under oath. what do you think that would say? she believes she's impervious from prosecution. stuart: i think congressman downie is treading very lightly

with mr. clinton and not calling her to stand up by this under oath and answered questions publicly. judge napolitano: an addition is going to drop. cheryl: her attorney would obviously be in a room. >> representing david petraeus. judge napolitano: the same that represented oakland and as president under monica lewinsky. a judge napolitano: general david petraeus has agreed to plead guilty for doing >> what mrs. clinton has agreed she did for 48 months. stuart: i am so glad you are with us, judge. i am lost. [laughter] >> economically depressed. stuart: all right everybody. thank you very much indeed.

we are down 6779 on the dow industrials. the united states offering a 28% emissions cut over the next 10 years. china does not even have to start cutting emissions for another 15 years. senator, thank you very much for joining us on a very busy day. i cannot believe that you and the senate and the rest of congress allowed the senate to commit to america that kind of emissions cut one china does not have to do anything. >> we are reducing greenhouse emissions 28% by 2030. china continues to increase its emissions.

stuart: what are you going to do about this? why should the president commit america to something as uneven and unfair as to what he is opposed to today? >> we are developing new tech knowledge ease. we are producing more energy. we have reduced greenhouse gas emissions in the united states from 2005 to the present. we should not have these agreements or break relations that impede our ability. we should build a good investment climate. >> senator we are not doing that. the government just announced new regulations on fracking. now--

>> that is my point exactly. stuart: what are you going to do about this? >> it grows the economy. stuart: it is a treaty that is being negotiated. i think you know more about this than i do, i think it requires two thirds majority in the senate. >> that is right.

we are taking a different approach. regulations look this agreement. as we developed these that is actually what creates better environmental stewardship globally. >> allowing the iranian student. a nuclear weapon. >> the sanctions that we put in place, those are sanctions that congress put in place and that is why any agreement has to come to congress before sanctions can be released. stuart: thank you very much for joining us on a very busy day. >> the nuclear deal with iran.

an outline expected. fox news contributor gillian turner is in d.c. you worked at the national security council. i have to ask you which is the bigger threat, climate change or iran getting a nuke? >> the obama administration really needs this remark. the pressure is on. the pressures on today. chomping at the bit to take matters into their own hands.

stuart: a statement saying what progress is being made. it does not seem like that is a successful logo shushan at this point, does it? >> no. it will pave the way for a more permanent deal this summer. the negotiations will really collapse altogether. it is because the key faction of congressional leadership. siding with the rest of the congress and vote for these sanctions. stuart: which is worse no deal or a bad deal?

what has happened now is managing the nuclearization process. >> no matter how small what it will do is lengthen the amount of time. should iran get away with more than the united states originally intended. stuart: a busy day.

>> i wanted to add something. president netanyahu was just speaking at an event moments ago. he believes that they will have a nuclear underground arsenal and a weapon within a year. >> speaking at an event in jerusalem. stuart: they will be able to get a nuke within one year. >> under a year. >> i think that we should news alert that later in the show. elon musk. we have more proof of that. that statement coming up next. he wants legislation on his desk by the end of this week. his religious freedom while paul

not be used to discriminate against anyone. >> i believe they are entitled the same protections. clearly, there had been a misunderstanding and confusion.

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>> especially when it comes to games and purchases. so many sectors have apps now. people love them. >> $20 billion. they've been shell out 14 billion to the app developers. 6 billion approaching. >> basically. stuart: what else did apple get out of this. they already have all of this information on file. stuart: i am almost lost. through these apps, they get

access to the numbers over half a billion credit cards. >> that is exactly right. >> i use a credit card that apple has on file. >> what would they do with them? cannot do anything legally with them. >> if you wanted to buy something with apple pay it is already attached to your itunes account. >> they are poor again. stuart: elon musk. he sent out a tweet. not a car.

unveiled at a hawthorne design studio on thursday. i call this guy a modern day. he puts out a tweet and everyone is talking about it. >> we have no idea. i am predict a watch. kidding. [laughter] a battery would be amazing. you are right he is like the modern day. we all go, what you have for us? we want to know. >> that worries me. >> steve jobs was a great showman. stuart: elon musk has a great car. he has spacex. it just others me that such a guy would live on hype and buzz.

i call him the pt bottom of the century. >> it does not really worry me. he has so much money and these great ideas. i am glad that we have people like him that will take these chances. >> not that he is not brilliant but i do kind of doubt where he is going with the country. i think that it is just through the roof. >> $30,000 vehicle. stuart: after "the closing bell" yesterday, news came out.

christina, thank you very much indeed. following several developing stories for you. it states religious freedom. he is demanding legislation on his desk by the end of the week which will fix and clarify the law. hillary went in for monthly requesting a review about the e-mails when she was secretary of state. this will be behind closed doors. all right. as we await a framework of a nuclear deal with iran, netanyahu says under the framework, they are working on it. less than a year. okay. all of the stories happening within the last hour.

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stuart: the price of luxury homes in washington, d.c. is expected to keep climbing this spring. if i lived in d.c., i would be selling now. >> anyone that would be having a life change. stuart: you have three properties. let's start with expensive. >> it could be used on the listing. it is a beautiful home. your mortgage is 80,000 a month. i say make a lowball offer and good luck.

you have to look for the big properties. it is a brand new property. more than 11,000 square foot. new york and miami starting to move away, this has been a lot less. it is only 7 million. guess where it is. you could be neighbors for a little bit to harry reid. one of two presidential penthouses at the red. it is a condo. a lot of these are all sitting around capitol hill. i do not know if that is what is happening. i am just saying interesting.

stuart: getting out of dodge while the getting out is good. the governor defends his religious freedom law. he says it is not a licensed discriminate. lou dobbs on president obama. the great negotiator. who pays? a fresh hour of "varney & company" two minutes away. ♪

stuart: the president is giving away the store. he is negotiating with the world on climate change. the great negotiator looks like an amateur. whether or not they even eventually get a nuke.

now we learn that they can get one if they just wait a few years. iranians no weakness when they see it. climate change. a very large cut in greenhouse gas emissions in the next 10 years. only a tiny benefit. chenault will be allowed to keep on polluting for 15 years without any engine reduction requirement. we pay they keep polluting. this is our security and our money that is at stake. we have been excluded from this negotiations. perhaps we would feel better if the president had a track record of successful negotiations. he does not have it.

he has used the pen and the phone and place of negotiation on issues of emotion to guns. enough. this is not working. delivering us into the hands of our enemies and rivals. march 31 will not go down as a good day for america. ♪ >> the religious freedom restoration act was about religious liberty not about discrimination. as i said last week, had this law been about legalizing discrimination i would have vetoed it here this law does not give anyone a right to discriminate. stuart: that was indiana's governor. he wants legislation on his desk i weeks and to clarify and six

that legislation. adam shapiro is here. how does he fix it? >> clarified the misunderstanding and confusion. would there be language to protect gay and lesbian people that live in indiana. he said no. it is not part of his agenda. we have video that was from the signing ceremony. three people that they have identified in this graphic. it would show people that are known to be lobbyists against gay and lesbian issues like eric miller. stuart: the people surrounding the oven or pen. >> michael clark.

alleged according to the video. alleged to have put out a flyer saying that religious people could be jailed in indiana if they denied service to gay and lesbian people. stuart: the way to fix this legislation is to include gays and lesbians. use those words in the fix so that they cannot be discriminated against. he said he will not have that language as part of the fix. >> that is accurate. he wanted this week. stuart: are you throwing dow on trans doubt? >> i do not think that it will

be to the satisfaction to the people that are critical. they can get this done within a week. stuart: thank you very much, adam. charles pains here. why did the government not say what he did today on the sunday talk shows? >> listen. one of the first questions i asked was did you expect the backlash. they underestimated the impact that this would have nationally. they underestimated how businesses would descend upon them. they underestimated how the financial threats against their state, what comes so quickly could be underestimated under all of that. stuart: he looked nervous.

>> there are a couple parts i think people are missing out on. a huge animosity towards this bill. what is different between this bill and the one that clinton put out? there is a provision. not just from the government, public individual. >> bottom line, as of right now and hour after that press conference started it is still confusing. there is still doubt. we agree on this? >> i think that adam laid it out

pretty clearly. that is what he is trying to do. >> take the federal bill and use that language. >> businesses can decide to make policy based on the owner's religion like hobby lobby one in the supreme court. >> walmart have come off against the same language. >> has not stopped the argument at this point. i will update everyone very quickly. a manhunt in northern virginia is over.

he took his gun and escape from the hospital. he is now in police custody. here ms. confusion in that area. traffic halted. big jams all over the place. check the big board. we have come a long way in just the last half-hour. down 120 points. the price of oil is below $50 a barrel. 241. that is the national average for regular. let's get the latest on hillary clinton. the house committee on the ghazi has followed a request for an interview with her over her use of private e-mails and a personal server. fox news digital editor is here. she has been called to give an interview before trey gaudi.

it will be behind closed doors. it will need transcribed but not necessarily under oath. >> trey gaudi wants to be aggressive here. at the same time, he knows hillary linton is waiting. wait for somebody to do something. blame your persecutors. make yourself the victim. a raid against her and her husband. all the same, she managed to make the prosecution into the issue. she would like to do that again. we also have another period of

breaking news today. the inspector general at the state department, and office that was taken a position that was filled soon after john kerry came in will now take a drove of her practices and try to get some answers. i have to add her effort to save that there are no e-mails will not hold because somebody will find some granule and this thing could unravel on her. stuart: okay. let get to another premise. do not take that earpiece off young man picked you are not done. president obama working on a deal. you are back, chris. okay.

the great negotiator, barack obama is not doing a very good job of negotiating with iran. i say that surely congress will pass judgment on these two issues and it will be a negative judgment. >> wended barack obama start caring what congress thought? he likes it. i would like to save the world if it was not for these stupid republican. that has been his position for most of his president the. i think on the climate deal, that is the one that is the most consequential. people say that they would like to have a nuclear deal with iran. the president will do it and he will either be right or wrong in the long-term. he is cooking up a disaster for his designated successor hillary

clinton. if the president -- even people that are concerned about what the believe is man-made mobile warming, they do not want the chinese to have the window before they have to start playing by the rules. stuart: i wish i had your job chris. you've got yourself a treasure trove of stuff to go out at. tonight we are having a good time. [laughter] stuart: thank you chris. watching television. i am not adamantly opposed to that. we will have a doctor that disagrees with me. 1245. this program. college students and spring break divorce rate.

here is the question. who has not let loose just a little bit. >> what do you all see at spring break this year? >> i have been peeped smoking. >> i have seen some sexual intercourse on the beach. >> on the beach? >> on the beach. double will him him

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but it is. we have the research firm. apple's app store $20 billion worth of annual revenue by 2013. that is double what it is right now. and mom apologizes on facebook after her kids act out during a movie. her post goes viral.

>> a mom in alabama has become a web since patient. i popped my teenage daughter, step daughter and son off at the movie. my daughters were rude and obnoxious during the movie. a fellow moviegoer asked her kids to settle down. the woman that i am looking for a address them. if you are this woman please message me. i can assure you that these girls are being strongly dealt with and appropriately punished. they are using their own allowance to pay for the woman's next movie tickets. the woman has now been found. stuart: i think that that is a good thing. we are not prepared to chastise at all. >> holding their children

accountable. >> she did it the right way. spring break. a video like this. what is going on? some of this stuff is explicit. ♪ >> we are back. panama city beach. all of these spring breakers are here. ♪ what have you all seen at spring break this year? >> i have seen people smoking. i have seen people doing plenty of stuff on the beach. >> i have seen sexual intercourse on the beach. she was clearly enjoying it. >> people come down. they have a bunch of people with

them. it is crazy. stuart: let debate what you just saw. we have charlie kirk with us today. we have cable fish. charlie, to you first. you think this is an abomination. >> i think that in the past couple of weeks we have seen more of these. throughout daytona beach these city government say it is the worst that they have ever seen. the citizens of the city. unfortunately, more and more young people are tracked into this because of cultural icons.

>> i do not think any of this is okay. what i do want to say is that spring break is a right of passage. more about personal responsibility ban anything. let's remember that they are not kids. they are 18 years old. old enough to be in college. old enough to vote. they see this on tv with celebrities and movie stars. you can go to spring break and have a good time without doing this. >> everybody at some point they had too much to drink. they did stupid things. we have all done it am i haven't we? >> we have cell phones and

cameras that record everything that goes on. it almost creates this one up culture. they try to outdo one another. it is much, much worse. this kind of culture that has been created i do not think it is necessarily widespread amongst our generation. stuart: we have laws against this kind of thing. >> it certainly is a police thing. the council passed a rule implementing more pulleys force. you have to have an id on the beach. this is certainly the thing that needs to be done. beyond that, my friends and i went to spring break all of college. we had enough of our own personal responsibility to conduct ourselves in the proper

manner. being involved with drugs is certainly not okay. you cannot generalize spring break. it is not okay. kids should be allowed to go. stuart: are you 21 yet? >> 21, but you will not find me on any of those beaches anytime soon. i have seen plenty of it to snap chat and what is going on through facebook. it is concerning to say the least. an average spring breaker will have 10 drinks a day. it up to the individual. his dialogue that has begun -- >> if you went on spring break you would not have 10 drinks. it is about personal responsibility.

>> you are right. artists that come down to these ages and encourage this kind of behavior. i think that having more and more young people that are responsible. >> i think that we are close to agreement. personal responsibility should rule the roost. jay-z launching his own music streaming service. owned i musicians. the battle over content and money marches on. >> we want to create a better service and experience for both fans and artists. that is our promise to the world. our mission goes beyond congress. beyond tech g. preserving music that is imported in our lives. ♪

. stuart: the los angeles superior court has begun hearing arguments over who is the rightful owner of one of the largest emeralds. the bahia emerald, 840 pounds. eight people and the country of brazil have claimed the gem said to be worth upwards of 400 million dollars. for now, it is sitting in a

secured vault at the l.a. county sheriff's department. 840 pounds? jay-z getting help from some of the biggest names in the music industry to launch his new streaming music service called title. artists say they're not getting paid enough in royalties from the other streaming services pandora or spotify. so launched title. 10 bucks a month standard service $20 for high devstreaming. here is deirdre bolton from "risk & reward." the celebrities are getting together. >> that's right. stuart: to take more money from their friends. >> i'm not sure it's extracting more money. what jay-z is offering through tidal. 10 bucks a month. this means fans are paying what they would pay for pandora or spotify. we know streaming is the way that it is. artists say we don't like it. but it is the future. stuart: jay-z will give the artists more money in royalties

than spotify or pandora. >> yes, what is worth noting he didn't give the details out. it's slightly more, but didn't say exactly how much. stuart: charles you look disturbed by this. >> here's the thing i'm proud these guys are branching out and finding ways to be entrepreneur. i don't want it be a russell simmons kind of thing where he leveraged the celebrities to have the debit cards that charge money to poor people and they followed him. his celebrity. go for the business. >> i think the business of music is changing. artists have said listen don't like it, but people are streaming more than they buy, and i have to adopt it. this is amanda palmer, a well-known artist, this is the way of the world, and we have to get on board and jay-z is providing it. >> pandora is ripping off the artists. stuart: the beatles used to make far more out of a record. >> no more beatles comboefrp

it's over. stuart: absolute nonsense. elon musk, the modern-day pt barnum is proving why he lives up to the comparison. we'll be back.

. stuart: a drop today, triple

digits. it was a triple-digit rally yesterday. price of oil $48 a barrel. $47.87. price of gasoline national average, $2.41. that price has fallen in each of the past four days. not quite a streak yet. where is the cheapest gasoline in these here united states. $1.77 at western convenience in ft. collins colorado. buck 77 cash only. to iran and the deadline for nuclear deal. lou dobbs is here. all right lou. tonight talk about more than just iran. i want to talk about the climate change deal as well. here's our president negotiating on our behalf against the iranians to get a nuke, and against china on pollution. i'm saying he's doing a terrible job as a negotiator, and you say what? >> i think we should fear for the well-being of the chinese and the iranians because this man is obviously bringing so much power to the table. i don't know how they can

possibly withstand. stuart: sarcasm is a low form of wit. >> you know what it means? the flailing of flesh. you speak correctly. it's low, low form of humor, which i indulge in frequently when it comes to politics. he is a brilliant negotiator. that is all we've seen of his capacity. he has not negotiated with republicans, he refuses to. he has not compromised, he has done the bidding of the ayatollah and doing so at this very moment a little under 5 1/2 hours away from the deadline for the framework for this agreement, and so far, he has -- he has been a master of concession rather than a brilliant negotiator. it is a deeply troubling process we're watching unfold. stuart: then we have news this morning that president obama proposes a 28% cut in emissions

for the united states in the next ten years. >> yes. stuart: china, however, doesn't have to do cutting of emissions for 15 years. >> got to peak with the emissions stuart, and this president and hillary clinton articulated it so well. we have to empathize with our enemies, our competitors and how unfair it would be of us to expect them to follow in our lock step. there's such a patronizing, condescending attitude on the part of our rather, well he has a very high opinion of himself, commander in chief. he is really saying he's rationalizing the fact that he's taking on our behalf thank you very much mr. president, a 28% reduction in co2 emissions forth with effectively over the next decade and waiting until 2030 for china to think about reducing emissions by 20%. this is madness because china is the world's leading

polluter. >> i can also add, what you're seeing this thing is a cunard in this is what obam apted to do anyway. this was his goal anyway to lower these emissions and the idea he struck a deal with china that makes it more you know, that something we could actually swallow and digest. this is the irony of it all. how much is this going to cost america? >> a lot. >> significantly higher electricity bills, hundreds of thousands of jobs, billions out of everyone's pocket poor to rich, small business to big business. stuart: will he get away with it? >> yes. the media said it is great deal. stuart: me? >> the media! well, they think -- stuart: what about us? >> block and tackle. >> here's what i truly believe is going on. this is the president if you look at arc of his policies and consequence forget the rhetoric and the nonsense that accompanies it all.

but as you look at arc of these policies and their impact on our economy, they are deleterious, constraining and limiting, and on us. not anyone else in trade not any one of our trading partners, the reality is the consequence, and you have to follow that when you judge whether he's an adept, terrific negotiator that is even a relevant question when we're talking about imperious and authoritarian president, he's acknowledged is expanding his powers as president. stuart: i've got one minute left and want to bring to your attention the press conference from mike pence, governor of indiana early this morning. here's what he had to say roll tape real fast. >> this law does not give anyone a license to deny services to gay and lesbian couples. and look i could have handled

that better this weekend but going into that interview this weekend, i was just determined to set the record straight what this law really is. stuart: what do you make of that press conference? i know you were watching. >> mike pence came perilously close to pulling a nancy pelosi. pass the law if you want to know what's in it. what i really meant to say and what our legislature meant to pass. if this man and he did, presidential aspirations, they are in the dust bin now. i feel sorry for the man because he was absolutely maladroit throughout, and i think he's done. he's done because he failed to do what jeb bush did, what rick perry did. stand up and explain the importance of having the freedom to be unburdened in your practice of your faith by secular law. it is not about discrimination on any form, in any basis, and

why in the world would the people of the legislators of indiana not contemplate the impact of this and the possible ways in which could this be taken advantage of by those who find political capital in it, and by the way, there's no spontaneous protest here. this is an orchestrated attempt, and they drove it and pushed mike pence into a corner from which i don't believe he will ever emerge. stuart: thank you very much appreciate you being with us as ever. thank you. take a look at lou dobbs 7:00 eastern. >> 11:00, too. 7 and 11. >> lucky. tesla jumped 4% in 10 minutes after elon musk strategically tweeted yesterday, here's the tweet -- joining us from san francisco, michael robinson. mike, maybe i've gone out on a

limb calling musk the p.t. barnum of the modern era. i think he's the master of buzz and the creation of buzz. would you buy that stock if you feel the same way as i do about elon musk? >> not if i felt the way you do about elon musk. i own tesla and don't want to sell it. i think this is an exciting development, you know, when you talk about solar and storage, it's solved the fundamental problem which is you've got this alternative energy if you cand use it right and directly there is no way to store it. to do it on a large-scale is kind of impossible at this point doing on the small scale. that's what we think this announcement is going to be home storage probably sold through the solarcity distribution that they have now where he's tied in. stuart: big enough to justify the statement, a huge announcement? >> i think this is an important announcement. this is a missing element in the whole rollout of

alternative energy particularly solar. in california, i see more and more roofs that have solar power, what do you do on an overcast or rainy season where you can't generate. if you get effective amounts of solar a good day, doing it locally is much better than trying to scale up. and these are guys who know battery technology as well as anybody on earth, and tied in with panasonic, the leading supplier of lithium cells. there is a lot going on with solarcity and tesla and battery technology. stuart: go buy the stock if you like it so much. thank you very much. charles, 10 seconds, you are itching to speak, 10 seconds. >> in this day and age when hedge funds can spend 50 million dollars to destroy a company. i like the ideas of ceos finding a platform to tell the

story. >> i'm not going stand corrected but you made your point very well. babies watching tv, as i said before i'm not adamantly opposed to it. coming up next, a doctor who thinks differently for myself. expect more of this after the break. >> what planet are you from, stuart? i can see you dumping your grandchildren in a playpen with an ipad, a tv a gun. stuart: stop it! from pharmaceuticals to 3d prototyping, biotech to clean energy. whether your business is moving, expanding or just getting started... only new york offers you zero taxes for 10 years with startup ny business incubators that partner companies with universities, and venture capital funding for high growth industries. see how new york can grow your business and create jobs. visit ny.gov/business

. >> reporter: i'm nicole petallides. the dow jones industrial average down 5 points 17,881. the s&p 500 down to 2078 and watching the nasdaq under pressure down 21 points. energy has been to the down side, a big laggard today. conoco-phillips chevron exxon under pressure two are dow components. and take a look at charter new high there. cable television saying it will buy bright house networks cash and stock deal valued at 10.4 billion dollars. and charter is up 6.8% and godaddy, you know the commercials, has a strong brand big names, on the internet shares trade under gddy. waiting for the ipo planning to be a big one at the new york stock exchange. so watch for that.

. stuart: you patent a product the patent expires, are you still entitled to royaltys? that's what the supreme court is considering, it involves a spiderman toy. rich edson is there at the court and he's going to explain it to me. go. >> reporter: stuart, three years ago you and i discussed the consequences of a health care ruling, now i'm out here with the spiderman toy invented in 1990, patent ran

out and the supreme court case from 1964 says the guy who invented this doesn't get royalties so he's suing to overturn that entire thing. basically the justices appear. they want congress to get involved and don't want to overturn long set supreme court precedent. let me show you how this thing works we found dr. octopus on the loose here, and our producer kristen rudman wrangled him, and basically it -- yuck. i think we have a picture what i did to my office putting this thing together. do you have that? stuart: yes. >> that's me taking spider stuff off the ceiling. yeah, there it is. stuart: so the toy no longer works but the inventor still wants royalties from a toy no longer works. >> reporter: 3%, right. stuart: 3% of the purchase price, not bad. you explained it very well. thank you very much, rich edson, we will stay in touch

with this one. then this a new tv network, it's called baby first. it's aimed at babies six months and up. gaining popularity. i don't know if there's anything that wrong with this i think it's a pretty good idea frankly. most other people think i'm crazy. my production team says i'm nuts. i want a doctor's point of view. look who's here dr. debbie assistant professor of nyu school of medicine. within reason you're not going to put the child in front of this tv for hours and hours on end. for half hour here and there, i don't see anything wrong with it do you? >> half hour here or there is okay. but you don't want to get above two hours a day. stuart: why? >> basically the big problem is with language development. you don't have to hit the two hour limit exactly. with language the thing is there have been studies that showed if kids watched a lot of tv, could be tv on the television set or other devices, but basically they spoke less they had trouble in terms of communicating later.

they didn't reach the milestone, they might need speech therapy. you look why would they have trouble with language. when the tv is on they try to speak less they try to speak less to parents and other kids. they babble a little less to themselves and that causes problems in itself. stuart: charles? >> i agree. stuart: you agree? >> when my son was young his first baby-sitter, i don't know if she spoke english, he watched novella he drooled all the time. i said hell no. called my mom up. she took him outside he was invigorated, he was speaking he woke up. we had to take him from in front of the tv, though. >> that's the other point. >> what about laptops and iphones, my granddaughter is amazing and she's interactive with it. that's impressive. >> that's the thing there are benefits to these things, not all bad. sesame street is for a little older kids can, teach them about the alphabet or count

can teach about social norms. and the other thing that you mentioned if they're doing bad, it's not that they get no benefit, they get some but not interacting with other people they're not going outside they're not playing in terms of social development. stuart: it's a degree we're not going to put a dmid front of the tv set for 24/7. of course not. you may be able to do that most responsible parents don't do that? >> parents feel a lot of burden in terms of kids crying going out to restaurants, going on the airplane and stuff, they might put their kids on various devices and don't count it as tv time. there are other studies in the longer term, tv's associated with obesity. no one knows exactly why, they think it's because you're not standing and moving as much. if you start that when kids are babies, what pattern does that set up as well and interferes with sleep as well. the brightness of the screen. stuart: you haven't looked after young children yourself.

[ laughter ] >> i have. stuart: six months to look after a baby you haven't done that, have you? >> no i haven't. that doesn't mean the point is incredible. i understand parents have a difficult time or the baby-sitter but there is something in the marketing that makes people -- stuart: bottom line, you are breaking your own rules [ laughter ] . stuart: thank you charles, you said it, i didn't. those studies. all right. launching an investigation into crony capitalism between google and the obama team. and at the same time taking fund-raising money from google employees. we're going to cover this in a moment.

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stuart: senator mike lee taking on what we've been calling crony capitalism. he has launched an investigation into google executives and their frequent trips to the white house during the time when an

antitrust probe was looking at google. here's the catch, senator holding a fundis raiser today with a group of silicon valley big shots who include google executives. all right, charles he launches an investigation into crony capitalism and takes money from the people who i think are crony capitalists. >> that's the can conundrum of washington d.c. i think we've got it in a nutshell. between that and these people never wanting to leave it has created -- listen i have a lot of respect for mike lee, but it's now whatever comes out of this probe people are going to have additional doubt. you have google visiting the white house 230 times this antitrust thing that a lot of people think should be pushed new, doesn't go through. all of a sudden now he's getting money from them. but let's face it, google's throwing a lot of money to everyone. stuart: a very powerful corporation, let's put it like that. >> and they're using the power because they want to do things and they're going to need government cooperation. i mean, ultimately, they want to

use drones, collect more data on us they need more help from washington d.c. stuart: i've got breaking news, and it's on the crash of the germanwings flight in the french alps. rough than saw says andreas lubitz told them in 2009 of previous episode of severe depression. that's what he told 'em, what would that be, like five or six years ago. all right. that news just coming in. more varney after this.

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clarification of the law and a fix for the law so it is clear to all that businesses cannot refuse service to anyone. that took place earlier today. my time's up. now here is deirdre bolton. deirdre: a key deadline concerning iran's nuclear future could be moments away. we are going to get you to switzerland for the latest on the talks. we're going to be asking the co-president of one of the world's most powerful private equity firms how it is changing his investing decisions. and the future of the music industry is streaming, jay-z launching title to take on spotify and pandora. well the white house says u.s. negotiations have determined -- negotiators, that is that they are willing to continue nuclear talks tomorrow as long as conversations remain productive. from switzerland now on the phone where the talks are taking place, new york times reporter michael gordon. so,