maria: markets are higher on wall street today, thanks so much for joining us. we'll see you tomorrow live from l.a. once again at the milliken conference. david asman kicks us off with "varney & company." david: i'm david as match in for stuart and devastating images out of nepal. thousands december the search continues for dozens still missing particularly on the mountain after that massive earthquake. haunting video several of the dead -- including a google executive -- were trying to climb it. we're going to be talking to a professional mountain climber who has done it. meanwhile hillary's foundation admits it made mistakes in filing its taxes. newt gingrich says if anybody

else had been doing that he would have been indicted by now. our judge napolitano agrees. and chipotle removing gmo foods from its supply chain. are they preying on food fears that aren't really there? it's a big day for your money, "varney & company" starts right now. ♪ ♪ david: and checking the big boards right now, stocks opening the week higher. we get a big reading on the economy this week, the gdp, but today it's all about apple. they come out with earnings after bell. apple's a dow stock. it is up and that's giving the dow a nice little boost there. meanwhile, the s&p 500 touching another record high today, right now it is trading up a tick. it is still in record territory. 2,120. but gas is up again as well overnight to $2.53, that is the national average for a gallon of

regular. it's going up about a penny a day now. not good news there. the price of regular is up for the past 13 days in a row. meanwhile the hillary clinton spin machine was really working overtime yesterday, dismissing charges that her state department may have been guided in its decisions by contributors to her foundation and her husband's speaking fees. no smoking gun was a phrase heard about a thousand times yesterday, but is there? let's get right to it, author of "clinton inc." is here with us, daniel halpern joining us now. do you think there is a smoking gun? >> we haven't seen it yet, and it's worth looking into what happened. did the clintons do anything, were they compelled by money and it's worth asking these questions, for sure. we haven't seen an exact e-mail saying they did this for that, but obviously, there is a correlation that exists. david: dan i beg to differ a little bit. i think the actual smoking gun

was what was found out by peter schweitzer which was that they did not mention a donation they received from the russian company that took over so much of u.s. uranium reserves. it was a $2.35 million donation made in canada by the foundation controlled by this chairman of the russian company. the clinton foundation itself admits that it made a mistake, so isn't that a smoking gun? >> i mean, in what, a court of law? i mean, what sort of smoking gun? david: well, listen when i make a mistake on my taxes, even if it's for $1,000, you better believe identify got to pay a -- i've got to pay a price. will they? >> i don't know whether they will. obviously, the rules that have applied to everybody in politics don't generally seem to apply to the clintons for one reason or another, but perhaps they should. i mean people have been indicted for less, that's for sure. we can, you know, in the state of virginia bob mcdonald, the governor he got indicted for

less, i think, as with the new jersey senator bob menendez. so questions, i think we should look into it. there's zero question about it. all i mean to say is we don't have an exact e-mail that we know for sure would say hillary clinton, you know, would be found guilty in a court of law. david: right. >> and that's what i mean by not having a smoking gun. david: all right and there's another issue, and we don't know all the details of this because somebody's holding out on this. ge's ceo jeff immelt says he's not going release e-mail statements. picked ge as a contractor for algerian power plants. ge got the deal and i'm quoting now: i think for a global company it's very normal business where the state department and/or other officials actually help us around the world. now, that's true, dan, but on the other hand, there hasn't been another situation where a

sitting secretary of state had a foundation that was getting millions of dollars from companies that it was helping at the astronaut department. >> absolutely. -- at the state department. >> absolutely. it's a complicating factor, for sure. yes secretaries of state will help american industry abroad, that's, you know, you can make the case that's what they're supposed to do them the commerce secretary and other officials in government, but this seems to be a little shadier simply because there is money coming to the clintons from the people who are benefiting, that is ge. an enterprising gentleman asked the ge ceo, jeffrey immelt, whether or not they'd release their e-mails. he said, no, we're not going to do it, and the gentleman said it's not as if we're getting the clinton e-mails, so we might not get the full story even though it looks extremely bad. david: i understand that hillary's apparently cleaned her e-mails out of her server although who knows what they could still find in there.

but if i get an e-mail, if i receive an e-mail like jeff immelt or somebody at ge apparently has from a secretary of state who is going to probably be a president of the united states, i don't think i would delete -- you know, i have in my e-mail file going back years certain e-mails that i keep just because they're very important. don't you think immelt or somebody at ge would have kept these e-mails? >> probably, yeah, i think they would, and i think they'd probably have a company-wide policy keeping various e-mails for a certain amount of time. that probably still covers that time. absolutely, they probably have them. then again, the clintons weren't born yesterday. they have been in government a long time they've helped write some of these rules and i don't think the likelihood of them putting this kind of stuff in e-mail is too high. they wouldn't say if you donate to the foundation, we'll make it easier -- david: right. >> some things are more implied and not necessarily explicitly laid out in e-mail form. david: right. >> so they might not shed as

much detail as just the correlation. , and again, we have this same thing happening where people who are close to the clintons have good things happen to them. people who have given money to the clintons make more money in these deals, and that's, i think, the problem. david: yeah. i think we would find out stuff from ge's e-mails, and i think we should get them. again, correlations based on nondirect ed has led -- evidence has led to the prosecution of other individuals in politics, as you mentioned like the former governor of virginia. great to see you daniel harper appreciate it. later this hour, judge napolitano's going to be joining us. he agrees with newt gingrich who said yesterday anybody else would have been indicted by now for doing what we know hillary has dope. the judge makes his case 11:45 eastern time. well, check shares of chipotle right now. the company announcing it will be the first major restaurant chain in the united states to stop serving genetically-modified food. cheryl casone's here for the

hour. cheryl, do you think it's a good business move? >> it may not be the greatest of business moves. it may be good for those that want more natural, organic foods but it could cost them. go back to the example that happened in december. they don't want to give their customers beef, for instance, or pork that's got hormones and things like that that are in the meat. well, their suppliers couldn't give them enough of that pork that hurt chipotle back in december. they can't sell in of their restaurants at the end of this year. now it may not be the same thing for gmos, genetically-modified foods, ingredients think corn starch any of the vegetables. a lot of these farmers use extra help, if you will to get these -- david: they mess with mother nature a little bit in terms of the genetic code. >> a little bit. you can feed kids in africa a lot better and cheaper than you could now, but for the purpose of chipotle, they say they can make this work, and they want to

have their menus clean their food clean. by 2018 only fine dining restaurants do this type of thing right now. david: well you've got to do what your customers want you to do. you listen to your customers. if the customers want this stuff -- by the way we've got somebody who loves gmo coming up, john stossel. he literally loves gmo tos. [laughter] he's going to make his case in about an hour for now. cheryl, thank you. now back to the situation in nepal. lauren simonetti joining us with the very latest. lauren? >> hi, david. at this hour a rescue and recovery mission is underway in nepal after a massive 7.8 magnitude earthquake struck on saturday. the moment of impact caught on tape, rescue workers searching for people buried under the rubble the death toll now at 4,000. and the quake caused a deadly avalanche to sweep through a base camp at mount everest, that took the lives of several americans including a google

engineer who was climbing everest with coworkers. he was just 33 years old. friends and family here in the u.s. holding vigils over the weekend as they wait to hear the fate of their loved ones and coming up shortly we will talk to everest climber brian dickenson about the rescue efforts underway to save those still stranded, especially at the summit, david. david: tragic situation, particularly those google guys. they were making a map, by the way -- >> a new feature. david: unfortunately it won't be done this time. thank you, lauren. art laffer, mr. prosperity is going to vote for the candidate -- republican or democrat -- who will return the economy to its former glory. but specifically, which republican in the field has the best pro-growth agenda? we will ask him coming up next. ♪ ♪

david: checking the big board, it's a good way to begin monday. stock ises at session lows though some concern at wednesday's gdp number may not be that good. remember there's a lot of bad weather there, they may use that as an excuse if it doesn't do well. three other stories we have for you today, former president bush calling out president obama's policy in the middle east. question, did he go too far? we're going to be talking to a former air force colonel and intel officer at the top of the hour. also later more protests in baltimore over the death of a man in police custody, dozen pes of arrests made, a lot of damage. question: what's al sharpton? and at 11:50 the tim tebow effect. it's called the tebow lets el, by the way. it's now on sale in philadelphia. we have the company who makes that pretzel a little later this

hour. back to the economy, and want to bring in former reagan economic adviser art laffer who's the real pro-growth guy in the world that i know. and i gotta ask you about republicans art, because it's no secret you've voted for democrats at various times who you thought had a stronger pro-growth strategy. but who among the republican contenders do you think is most pro-growth right now? >> well let me if i can, david, you just said the gdp number, it may not be as good because of weather. have we had bad weather for the last six years? eight years? david: good question. [laughter] >> it's been lousy for a long time. david: what a lovely excuse that is a. >> i had to say that, david. when you look at these candidates, and i've looked at pretty much all of them. i don't know santorum, for example but i do know the candidates, and i do know them fatherly well, it's the process -- fairly well and it's the process that is the powerful motivator here. these guys are all of a sudden in the big leagues, they're doing things, they're starting

to discover things they didn't know before, they're starting to talk on topics that they aren't personally experts on and they're starting to really train themselves. that's what this process is all about. david: i understand but let me push you on one thing. marco rubio, he's announced. >> yes, great guy. david: the best he can do in terms of a supply side growth strategy is to lower the top rate from 39 down to 35. that's the best he can do? >> no, it's not. and, you know you'll see other candidates outdoing him on that, and they'll see whether this gets traction or not. but if you -- david: hold on a second, so you're saying that he's not wedded -- he may be forced because of competition from more pro-growth guys to bring that rate down or maybe do a flat tax or something? >> i'm going to tell you, shock oh shock politicians change their minds. reagan was the biggest tax increaser in california history and he became the greatest president -- david: that's the great thing

about a primary, art, it forces people to do that. >> who ever would have guessed jack kennedy would have become the great president he was? if you looked at his house and senate records, you never would have guessed he would become such a great president, and he was. you look at reagan's record, what he ran on in '76, he wouldn't with endorse kemp-roth at that time. he was a spending cutter. and all of a sudden, dang, he becomes great. bill clinton, look at bill clinton. david: yeah. >> '94 -- david: well, it took him two years. it wasn't just the primaries it took two years of failed policy to get him in the right direction. >> exactly, but when they look at the truth some of them actually change and adopt -- david: well, unless you're afraid of the truth. and, you know, to use the old line from the movie, you know if you can't handle the truth, it's something else. >> that's obama. david: hillary clinton is not facing a primary, a real, credible primary challenge. >> bad luck for her. david: some people say she may in order to pull the rug out from somebody like marco rubio

who doesn't have a very strong supply side, pro-growth policy maybe she'll adopt a flat tax in order to pull the rug out from under one of the republicans. what do you think? >> she could. well, you know her husband did. her husband pushed nasa through congress. how great is that? a democrat against the unions, against his own party? he put in welfare reform he signed it into law -- david: but what i'm thinking, remember simpson-bowles which essentially was a flat tax or a move towards -- a great bill. guess who was on the hillary campaign right now? mr. bowles is on the hillary campaign. >> he's great. and that may do it. david: wouldn't he possibly be pushing her to go in that direction? >> oh, if he's not, i'd be very, very disappointed. erskine is just a wonderful wonderful person and a really good economist and a true compromiser in working with the other side. he's spectacular. and if she proposed simpson-bowles, it would be a huge move forward for her campaign. she'd be pulling votes not out

of some freaky left-wing group but out of central middle americans who all understand that bowles-simpson is great. david: art, this is going to tick off a lot of people in our audience, probably tick off stuart himself, but this means the next time you pull that lever, it might be for another clinton. >> it is always, when i pull the lever, it is always my best information at the time i have the power to actually pull that lever. you know? unfortunately, i voted for jimmy carter against gerry ford -- david: you did? >> i thought gerry ford was a very bad president. i didn't think he did a good job, but with inflation now, i suffered -- david: did you vote for ronald reagan in 1980? >> i sure did, in the primary and the general, and in '84. but, you know, look, a change in ronald reagan -- i voted for bill clinton twice. not four times because i don't vote in that party's primary. david: understood. there's a lot of talk about

nonpartisan you really are a nonpartisan guy. you live it. >> it's growth. it's all growth. to me, the social issues to me the military political issues are all important, but not -- my central thing is how do you create jobs help employment, production and prosperity? we've got to get that. we have lost a lot, david, i mean we've lost a lot, i mean the last eight, ten years. it's been terrible. we need to reverse that. david: art laffer, love you, man. thank you very much for being here. >> my pleasure. david: breaking news out of d.c., live video of loretta lynch being sworn in as attorney general. she is the first african-american woman to hold that office. blake berman's following this one for us in d.c. blake what does a lynch department of justice mean for business specifically? >> reporter: good morning. loretta lynch is best known for prosecuting terrorists and public corruption in new york. but she also was tied to two very big banking cases as the u.s. attorney in new york's eastern district, she was involved with citigroup's $7

billion settlement for its role in the use of mortgage-backed securities during the financial collapse. lynch has also been scrutinized by some for going a bit the too light on hsbc with its nearly $2 billion tax evasion settlement. now, one analyst we talked with said lynch won't be a great departure from eric holder's department of justice as it relates to wall street prosecutions and mergers and acquisitions oversight. of course lynch will have a very small window for whatever action she pursues, less than two years. during her time as a partner in a major law firm before getting into the public eye, lynch focused on commercial litigation white collar criminal defense and corporate compliance issues. david: done a lot of business stuff. thank you very much. well, alex rodriguez is only one home run away from tying willie mays and when a-rod does tie the record, according to his contract he's due a $6 million bonus, but the yankees don't want to pay it. do they have a case? [cheers and applause]

>> off-speed pitch, it's high in the air right center. this one is off the top of the wall and gone! [cheers and applause] alex rodriguez with that home run, career number -- >> >>

[cheers and applause]>> off-speed pitch --

david: wow. it's out of the park out of the park. there it goes, another one. alex rodriguez hitting his 659th home run last united states in the yankees' subway series against the mets. if he hits 660 the yankees have to fork over $6 million because of a milestone clause contract -- or milestone clause in a-rod's contract. the team says his record is at the same timed because of his use of roids in the past, so is he going to get it or not the? >> they're fighting it. on the other side, they did save $25 million because they didn't have to pay him when he was out for a year for using performance-enhancing drugs, but this is $6 million the yankees do not want to kiss good-bye. david: some people have suggested is if he donates the $6 million some people would say okay, and he also gets a bonus of the tax deduction.

>> he does the yankees do not. so that's a whole other issue. that's been bantered about on some of the sports networks, but this is $6 million we're talking about. look, memorabilia, think about this, what potentially could happen tonight in the subway series 660, right? the memorabilia sales, the future earnings of sales of items related to him, are those already tainted and gone? is a kid going to be walking around in 10 or 20 years from now wearing an a-rod jacket or a shirt if he is somebody that took a year off because he was suspended for -- david: you know -- >> which i'm saying is cheating. david: i was at a game two weeks ago when the yankees won against boston. >> i was at that game! david: when you see alex rodriguez stand up, he still looks like a hero. >> he does. and probably, you know, i've seen commentators who say it was good for him physically he has come back a stronger player but unless they get into the

playoffs i don't hear the fans really yelling for him. david: right. he should say i'm going to donate the money. thank you, cheryl. meanwhile that devastating earthquake in nepal causing a huge avalanche on everest. we talk with a man who has climbed the world's tallest mountain, and he did it while he was blamed. that's next. [bleep] [bleep] the real question that needs to be asked is "what is it that we can do that is impactful?" what the cloud enables is computing to empower cancer researchers. it used to take two weeks to sequence and analyze a genome;

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david: and check the big board, well stocks are bouncing back a little bit. apple's up and, of course that's helping because it's part of the dow. oil is holding steady at just about $57, 57.22 a barrel. gas is up again overnight to $2.53 for a gallon. the price of regular is up for the past 13 days. the cheapest gas in the u.s. $1.89 at exxon and race-in that's in jarrett, virginia. well, so much for not negotiating with terrorists. new reports saying a white house advisory group is going to be recommending new policy allowing friends and families of hostages

to negotiate with and pay ransom to their kidnappers. retired air force lieutenant colonel tom mcier mcinerney is here how old we allow this? -- how should we allow this? >> unfortunately, we should allow them to talk we should not allow them to pay money. as brutal as it may seem, if we let them start paying money for their relatives or friends or husbands or whatever, david, we, in fact, are going to create a growth business and there are going to be more hostages taken. it is not good. david: well, haven't the israelis been talking to and trading things for hostages for decades? >> yes. look what it's gotten 'em. hasn't gotten 'em any success, and frankly we're a lot bigger problem than they are, and they haven't been successful, and i don't think anyone can say it has been successful. david: well, the one thing that i have heard, because i've put it to some of these israelis former mossad guys i know, what

have you got out of of it, just what you said and they said a lot of intel. when we negotiate with the terrorists they think they're getting everything, we're, in fact getting a lot, a lot of intel. >> that's a good point. i will not deny that. but in the long run, i don't think it benefits what we're trying to do, and it becomes a money business for them, and then they just start reaping in money like isis has already done to other people. david: and it makes the job more difficult for our military which is vital in all of this. i'm just wondering, general what does the military make of the obama strategy? in general. either this point in particular or in general. >> they're not happy. the pentagon isn't running the war over in the iraq and syria or in yes -- yemen, wherever we are deployed. it's being run out of the white house. they won't say anything, but i can assure you they are not happy the way it's being run. david: well, they are close-mouthed.

loose lips sink ships, as they used to say, so they're good about that. on the other hand, i have actually -- i've felt that things are getting to the boiling point not only in the pentagon, but among the core that -- not that there's going to be a revolt but that these people are really beginning to question their orders. >> they are. and that's not good. and they question, for instance, the term "violent extremism" rather than radical islamists. david: right. >> the general's used the term "violent extremists." the lieutenants and captains use radical islamists. they know the ideology we're fighting. and until the commander in chief talks about the ideology we're fighting, radical islam, then we're going to have a huge problem. david: listen to the guys on the ground that's always been the case. general tom mcinerney, thank you so much. appreciate it. >> great seeing you, david thank you. david: now to that devastating earthquake in nepal. more than 3800 people are dead including 18 killed in an avalanche on the slopes of mount

everest. three of those killed were americans including a google executive. he was head of the google adventure team which was using its street-view technology to map exotic locations all over the world. he led the team which mapped the ascent to mount every rest for google back in 2011. and we're getting some new video from the moment the avalanche struck. check it out. [bleep] david: wow. talk about the last thing you think of an earthquake while you're trying to climb mount e rest. -- everest. this thousand made the climb after his sherpa guide became

sick and had to return to base camp brian dickenson, weren't you also snow blind at the time? >> well, i was. but it wasn't until i reached the summit. so i made it to the top completely alone, took a couple pictures, and then everything went completely white. i went snow blind. what should have taken me three hours to get back to height camp took me seven, everyone thought the worst. definitely felt a miracle, and it took about a month and a half for my eyesight to fully return. david: when you look at the pictures of this avalanche, you can never -- as much as you try to prepare for something like this there's always something. it won't always be an earthquake, but there's always something you haven't prepared for, correct? >> yeah. you can only prepare -- in mountaineering, you can only train and prepare for what's in your control. on the mountain, you know, there's weather, there's how you're affected by the altitude. you just never know a lot of these things avalanches.

and this year, you know, it wasn't an isolated incident like it was last year where the, you know big chunk of ice calved off and killed 16 sherpa which was the single worst accident in history on everest up until this year. this year is more of the country and the massive earthquake and the can kicking off the ice chunk which was on the opposite side of base camp. so base camp is usually the safe area. you don't think you're going to get killed in base camp. so just call it the perfect storm or whatever, but it's just a really really bad scenario this year. david: did you ever feel an earthquake or did you ever experience an avalanche? >> yeah. i've definitely experienced plenty of avalanches. specifically on everest. right out of base camp an ice fall which is a two mile, you know, basically river of blocks of ice the size of buildings, and they're constantly falling. there's avalanches kicking off left and right of you, and you

really want to get through at night when it's the coldest, but you want to move fast. at that altitude, you know above 17,000 feet, fast is a relative term. you just you don't have enough air, you really can't breathe. and there's plenty of avalanches, but definitely nothing to this magnitude. >> brian, it's cheryl casone here in new york. i wanted to ask you about the medical supply situation. myself and a group hiked the ana per that circuit, and even with our best effortses, we got sick on a regular two week trek. what type of medical supplies do they have at base camp now that can sustain them and what do you think the dangers are that those that are still trapped could be victim to food-borne illness or other diseases at base camp? >> yeah. you definitely have to prioritize getting those guys out of there. they have an e.r. located down there, but it's very limited, you know? it's for life-threatening type deals. to really get people fixed up and, you know, to get them to survive, you've got to get them

down. i know they're getting helicopters in but that's not a major trauma type area, you know? you've got to get them down to kathmandu but again, worse scenario here kathmandu is just overrun. it's flattened, and the hospitals have, you know, way too many people in 'em. david: brian dickerson i'm not a mountain climb, but i'm going to read your book, "blind descent." unbelievable stories. brian, thank you very much. appreciate your coming on. >> thank you. david: well former speaker of the house newt gingrich commenting on hillary clinton's missing e-mails saying she's getting a pass because of her last name. judge napolitano is here on that, coming next. >> when families are strong america is strong. >> i i did not have sexual relations with that woman. >> what difference at this point does it make?

♪ ♪ >> i'm nicole petallides with your fox business brief on this record-setting monday, the s&p 500 has moved to all-time record highs today and the nasdaq setting a new high since the year 2000 and getting closer to its all-time high. take a look at disney, lifetime high today. we're watching dupont up 4%, apple -- which will be reporting after the bell -- right now $2.50. chipotle we're watching they're becoming the first national restaurant company to go with no genetically-modified

ingredients. everybody is very conscious of this and so they're taking that step stock's up about 1%. and applied materials scrapping its deal with tokyo electronics takeover by u.s. applied materials of the japanese company, but after resistance from regulators and 18 months of talks, they nixed it. more "varney & company" after this.

david: all right, folks.

take a look at one particular stock not doing too well, shares of biotech sell done down huge after its experimental heart therapy failed a key clinical trial. that's what happens when a pharma focuses on one drugs and it has problems. and take a look at tesla on the other side, it is a big winner. a couple of banks are upbeat on the company's prospects. investors like it. it's up almost 9%. look at that, $237. meanwhile, former speaker of the house newt gingrich saying hillary clinton is getting a pass over the e-mail scandal simply because she's a clinton. take a listen. >> very simple case here. the constitution says you can't take this stuff, we have federal laws that say you can't take this stuff. if this was any person other than hillary clinton, they'd be under indictment for a clearly straightforward problem. david: all rise, judge andrew napolitano is here. okay, he was talking specifically about whether there was a quid pro quo but there's also the question about the e-mails. putting all that together, if

this had been a republican, would that person be in the crosshairs? >> well the justice department has written public standards for when and under what circumstances to commence a criminal invest. investigation. and it's a very very low threshold. is there credible evidence to believe that the person committed a crime? not can we prove it beyond a reasonable doubt, but is there credible evidence? should we go one step further? now, speaker gingrich has very nicely and in a lawyer-like fashion explained why there is credible evidence to believe that her diversion of e-mails to her husband's server, her diversion of classified information to her husband's server, her keeping it away from the government violated at least three federal statutes -- david: particularly when the government is interested if in whether or not there was a quid pro quo, whether or not an e-mail would show she was getting money at the same time she was offering favors for that money. >> well the quid pro quo ratchets up the need of the justice department to follow its

own guidelines, because the quid pro quo changes violation of the federal records act into potential bribery and extortion. now, under new york state law david, if bill earns a fee of $750,000 for a one-hour speech, i mean, the money's mind-boggling. god bless him if he can command that. but if he earns that fee, she has earned that fee as well. david: they file jointly. >> correct. doesn't matter if they file. she has an interest in that fee because of the way new york state law is structured for spouses. david: i she. -- i see. if she is making any decision in her official capacity as the secretary of astronaut of the united states, even if she were a school board men, any government capacity, any influence on her decision because of a thing of value, that's a prima facie case of bribery. david: peter schweitzer got a lot of flak yesterday for saying you don't have a smoking gun here you just have a lot of

innuendo, and schweitzer said look it's not my job to get a smoking gun. that you get with a subpoena w a prosecution. >> correct. correct. but the smoking gun may very well have been destroyed when she wiped the server clean. now we know why she wiped the server clean. by the way a lawyer can lose her license to practice law when she destroys evidence that she knos is about -- david: by the way, those 30,000 e-mails all dealt with her yoga class. >> i think there were some hairdresser appointments as well. david: judge napolitano, good to see you. [laughter] >> thank you. david: so the mainstream media does claim there's no smoking gun connecting a hillary clinton foundation contributor to a state department favor, but every e-mail she destroyed was received by at least one other person. and if you got an e-mail from a secretary of state who was about to run for president would you destroy it? that's what the power players call a chip, something you hold

on to in a big game. one of those big chips may be in the pocket of ge's jeffrey immoment. his -- immelt. his company got help from the clinton state department just around the same time it made a big contribution to the clinton foundation. does he have an e-mail that might reveal something about all this? our guess is he's a good enough poker player to know the value of that very big chip. and we have some breaking news. espn is now suing verizon over its new fios tv packages. last week we told you about verizon offering debundled packages for subscribers or who want to choose which networks they pay for. espn says that breaches its contract with verizon. judge i know you're just hearing about this any comment though? >> it's probably both. you know when verizon or any cable company -- i'm saying this aware of who employs us now -- [laughter] requires you to buy more than you want to buy, that's known as a tying arrangement.

if, for example, you couldn't buy a dozen eggs, you had to buy three dozen eggs, that's tying your wish to an obligation to buy the others. so to the extent that's what the contract required, it's against public policy. david: so verizon is right. >> espn will probably lose. and consumers will benefit, because if you can choose which ones you want then you're not paying for things you don't want. david: that's right. good stuff, judge. right on the fly like that, i love the way the judge workings. [laughter] meanwhile, tebow heading to live inly. i bring you the tebow pretzel. look at that. [laughter] a philadelphia pretzel like tebow. you want to hear details. we've got the owner coming up. ♪ ♪

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david: well, tebow time in philadelphia. and one iconic philly brand is

taking advantage of it. come on in, philly pretzel factory ceo dan dizzio, first of all i love you to death because you sent us a box full of these pretzels. the only thing better is a philly cheesesteak. that's for another segment. what gave you the idea? it looks beautiful -- hold on, i've got to happened, i've got to hold one up so you can see it. what gave you the idea? it sort of made itself, right? >> yeah. well, you know what? we had an order for 'em years ago back four or five years ago at one of our franchise lowations, and we saw it. it wasn't a big keel at the -- big deal at the time, but when we heard potentially the eagles were going to sign tim tebow we decided to send a whole bunch of them down to the complex and sure enough, the magical power of social media caught on, and it just exploded. >> he's been in denver, new york, now philadelphia. there's a strong contingent of each one of those cities who fell in love with this guy. is that happening in

philadelphia? >> yeah, i think it's double-edged here. i think 90% love him. there's a few haters based on the social media i can see but, you know, he's a captivating seller and really created excitement. it's amazing for the amount of attention that this tim tebow pretzel caught for us just shows how much power he's got in character. david: i love philadelphia, i lived there for two years but it is a tough team for professional athletes. if you get on the wrong side of the crowd in philadelphia, you're a dead man. i'm just wondering if tebow is too nice for philly. >> you know what? i think -- david: you know what i'm saying. i mean that with all respect and love etc. go ahead. >> i think philly gets a bad rep. we're passionate about our teams we're hingely -- hungry for a winner. it's been a long, long time. but i think for his position there's not a lot of pressure on him. the guy on the bench, the underdog, a lot of people are rooting for him, and we'll see what happens come september.

david: you know i'm so about tantalized by these peace els, i'm about six inches away from one, and i can't eat it because it'll get stuck in my teeth but i am going to after the show's over. thanks a million for coming in, philly pretzel. if you haven't had one, you haven't lived. thank you, dan, good to see you. >> you too, thank you. david: for six years president george w. bush has taken the high road when asked about president obama until now. new at noon a former insider of the joint chiefs responding to bush's very harsh words for obama's foreign policy. plus, violent protests in baltimore this weekend after the death of a man in police custody. big question, where's al sharpton in all of this? mysteriously, he is quiet this time around. a fresh hour of varney in two minutes. new york state is reinventing how we do business by leading the way on tax cuts. we cut the rates on personal income taxes. we enacted the lowest corporate tax rate since 1968. we eliminated the income tax on manufacturers altogether. with startup-ny, qualified businesses

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. david: all about the pictures dramatic images from nepal the moment a devastating

earthquake hit all hell breaking loose. we're going to have the very latest on the rescue and the recovery effort coming up meanwhile president gorge w. bush breaking his silence after six years of diplomacy he finally criticizes president obama handling of the middle east and terror. meanwhile jeb bush has a record amount of money raised already. and here's a mystery for you. where is al sharp? he the nor to be seen or heard. and doing away with genetically modified foods john stossel, who says gmo's aren't that bad. a fresh hour starting right now. . david: we begin this hour with breaking news.

espn is suing verizon over it's new fios tv packages. now, verizon wants to allow subscribers to pick what they pay for. and espn says that breaches the contract with verizon. lies oh, donald joining us now. we just heard the judge say verizon has the high ground here. what do you think. >> well, verizon just launched this service yesterday. it's unclear who has the high ground right now because it's a contractual matter, the delve will be in the fine print and the details it happen perform and you've got to wonder disney, which owns espn, whether they're going to file a sought against verizon and they're saying you can't -- david: by the way, forget me to interrupting. this is a new high that sit hoot. >> yeah. and had of course have espn . david: . david: -- >> and here's a statement from espn to delivery high quality content but that must be done

in violence with their agreements. so david, this is about the current waive of the future, the slimmer bundles whether verizon would pull this off will be mainstream . david: yeah, what verizon said it will be good for the consumer because the consumer will have more to pick from. >> yeah. that's right . david: thank you so much, you will be here the whole hour. meanwhile loretta lunch sworn in as attorney general, vice president biden doing the honor last hour, she was previously the attorney of east new york. meanwhile like that story of the day. we're going to get back now to the situation in nepal lauren joining us with the very late east. lauren. >> hyde, david, over the weekend a 7.2 earthquake killed thousands of people and triggered a deadly avalanche on mt. everest. watch it unfold here. >> at least three americans

are dead, one of them a google executive climbing everest to map out an exotic situation and here climbing brian dickson. >> you know, this massive earthquake ends up cocking off. >> yeah. david: the price chunk which was on the opposite side of base camp. so base camp is usually the safe area. you don't think you're going to get killed in base camp, so just call it the perfect storm. >> kind of scary to hear it; right? well, social media companies, they're pitching in right now to post information about missing loved ones and friends. if you take a look at the some of the stocks, they are rallying better than 3 . 5%. . david: thank you so much, librarian. checking the big board right now, you're getting a boost from apple shares. of course it was higher earlier in this section. and chipolte saying bye-bye to genetically modified pood, the

first change to do that and the stock is higher. back to apple though, the earnings after the bell but the apple watch getting mixed reviews. we're going to take a look at the watch a little bit later with our go to tech guy. and gas is up again overnight 2.53 a gallon. the price for regular has been up the past 13 days. and a race in which is in jarrett virginia. well, former president gorge w. bush has some very hash criticism. both polk is handling the deal and isis. quote you think the middle east is chaotic now imagine what it would be like for our grandchildren. that's what's going to seal this deal. colonel, thank you for joining us. you know, president bush

was very proud of the fact that he withheld his commentary about how president bush was doing until president obama now. why do you think he used now to break his silence? >> well, david it's good to be with you. i think what he was looking at was a private meeting who was -- with some people but of course you have to expect in this day and age that things are going to be reported, especially comments like this. so he is so frustrated i believe with what is going on in the world and especially the fact that in the middle east we have so many things going against us at this juncture that's just he felt compelled to say something like this . david: yeah, and his comment about the -- it reminded me in 19 79 i'm old enough to remember when jimmy charter a lot of people said made a lot of bad decisions in iran, it led to the taking over, we have seen how awful that's panned out.

we saw as bad as it was, we had no idea it would get so much worse. he's saying it's the same thing. you think it's bad now it's going to be a lot worse in the future. do you agree. >> i do agree right now because right now you have are these different forces and what's being questioned is the very concept the nation's state in the i would say east. so what that means is, you know, you've got iraq, you've did got sir i can't and other places that up inly a few years ago have basically kept a lid on things and now that lid is gone and the pot is boiling over . david: yeah, and isis. clearly what president bush was saying is that president obama deserves some of the blame or should take some of the blame for the bad things that have happened, particularly in iraq because he pulled our forces out too soon. >> yeah. i think our forces were pulled out way to soon, the administration of course is going to say, well, we couldn't get a status of force agreement with the iraqi government. well, you try harder and you say, well,

these are the conditions under much we will have a force agreement, there's nothing wrong with dictating to talks that we have sacrificed so much for exactly what the conditions of our forces are going to be and how they can say in that country. so there's a lot to be said have to here for president bush's comments and there are a lot of things that are wrong and that need to be fixed . david: you are formerly with the chiefs, and recently was commenting about iraq and he said something about remaudie that made a lot of people physically ill. my son fought in iraq and when i heard it wasn't that important for the fall of the terrorists, it made me sick, almost literally sick. is that an opinion shared do you think? >> well, of course they're not going to publicly tell you what they think but i know the people on the staff were very upset with the comments and they also believe that they did, in fact, mean something

you know people like your son, people like me who are other veterans of the iraq war know that this was a key and important place. not only for the soldiers and marines who fought directly there, but really for our entire in iraq. so to hear those words from the chairman, that was very disappointing to all us . david: thank you for seeing, you general. >> it is my pleasure . david: meanwhile jeb bush raising more money than history. senior republican saying bush is on track to raise $100 million by the end of may and i'm wondering if all this money on one guy is crowding out money for the other guys. >> yeah. you wonder about that too and wonder how it tracks up against hilary clinton who reportedly, we don't know where this information is coming from, we tried to look into that, it's also a shadowy fundraising

experts but watch this. hilary clinton also put an opinion piece saying she is not more accountability when it comes to money in applicants and she's asking for quote even if it takes a constitutional amendment once -- david: just a little bit of hypocrisy there. >> and getting back to jeb bush it's very interesting $100 million is apparently what he's raising so far and that's via super pack money and that was the -- his brother sent in the past -- couple of months . david: the strong party has been the tee party movement, which some institutionalized republicans don't like, the people at the top of the patty, jeb bush has taken stances against the tea party do you think there's enough

grassroots from the tea party itself to compete with that big money that he's clearly in with some of the high rollers. >> not yet. and that's an interesting point you make. because people have changed elections. they certainly changed it swinging tour to president obama in the last couple of elections . david: right. >> but it does in in many ways have for the cycle . david: thank you. and here's a line up for the noon hour, like that apple watch not getting the reviews that critics are expecting. we're going to tell you precisely why at 12:30 and about 40 minutes from now. and meanwhile which chipolte is getting rid of some gmo in their food. and john is in about 40 minutes and after the break steve, the go to republican who are running for president

does he agree? >> it's all gross to me, the social issues to me, the military, political issues are all important, but my central thing is how do you create jobs . david: right. >> and prosperity.

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. david: back to the economy now let's bring in heritage foundation steve more. steve, thank you for coming in. now, we asked our friend last hour we're going to be asking you. who is the most pro republican contender out there. >> i'm not dodging you're question -- david: yes, you are. >> no. truly i mean i think look, i think rand paul has a good agenda -- i think they all do. we haven't heard much about jeb bush, and i was fascinating about your discussion earlier he has $100 million, but yeah, the political graveyard is full of people who raised $100 million and never got out .

david: that's true. >> it doesn't matter how big his worth is . david: well, you through in marco rubio. >> yeah. david: as terms of an afterthought there. the best is to lower the tax rate to 35. come on. from 39 to 35. you really think that's a revolutionary tax formula? >> no. that's one thing that i disagree with marco. a lot of the tax plans with these guys . david: you know, steve forgive me, but it's an insult. it really is. >> he's got a lot of good stuff, he would cut the u.s. corporate which you and i have talked about but look, yeah, on the personal side, he would create a large $2,500 per child credit and, by the way what we've got to do is get

rid of exemptions, productions david: bingo. that's a revolution. switching to a bigger subject which is the gdp. >> yeah. david: you had a bigger piece in which you talk about how rich this plant is, we've been able to find minerals and all kinds of things that we never like that we would be able to find. >> yeah. david: we are like tantlis just inches away from the best meal that he could possibly have but not taste it. >> by the way, is that where the word tanalize comes from . david: it is. we are so close to that pie-in-the-sky, we just need to make some changes to get there. >> my point is we had earth day last week and every single report i saw was

apocalypse, and we are destroying the plant and no, we are not destroying the plant. any objective measure it is better on today than it was 50 0, or 100 years ago. the amount of gas we have, our ability to grow food. i mean you and i are old enough to remember that thought everybody was going to starve to death . david: right. >> well, he lost the $10,000 bet. >> he sure did. but -- i'll give you another examples people say there these going to be also natural catastrophes, . david: right. >> they plummeted over the last 50 years . david: and yet steve, we are only growing at 1.blah, blah percent. i mean what's going on? we're so close to everything and yet we have so little. >> right. well, politicians they have a way of screwing things up, don't they? and, in fact, i would make the cast a lot of these environmental regulations that these are worse off in making people poor.

we're goofing this out. it's not that complicated to get back to 3 4% growth. you start drilling for natural resources, and you get regulations under control. and i he's exactly right on those things and you do that and i guarantee you'll have 3- 4% growth . david: well, great minds think alike, steve. meanwhile the breaking news espn is suing verizon for breach of contract. espn doesn't like verizon's plan. it let's subscribers pick and choose channels they want to pay for. >> hello david well, i actually think it's inevitable. this was just a matter of time. and we know espn is basically the cash cow for disney; right? they have so much muscle . david: that's true. >> if you're a sports fan you actually are going to watch live tv . david: right. >> you're not going to tape it, you want to hear the results. so i think the eventual nightmare for companies like

verizon is that we can take a smartphone is just pack a la carte; right? as you would pick a song off apple itunes . david: they did sign a contract. >> yeah, and here's where all the lawyers are going to have a lot of fun and disney has said basically, you have to keep us in high traffic packages, you, basically have to treat us as the special content provider that we are . david: you can't stop progress. bottom line is, and the progress is going in the direction of cutting the covered. >> yeah. david: cutting the power of these big cable providers; right? >> exactly right. and i was at a meeting with a few ceos from some cable companies and the company that they're most worried about is google and for that exact reason . david: interesting. and do you think in the end google is playing that right? because they're right on the edge now. they could play it either way. either they could win or lose it. >> well, they certainly could

and you're beginning to these test bubbles; right? they're beginning to test it out . david: and this fight between espn and verizon is one of those tests. >> yeah. david: and we should mention, by the way deidre came here to talk about something totally different because of the breaking news, thank you so much for doing that. >> of course . david: and deidre of course is on every day 1:00 p.m. risk and reward. you don't want to miss that show. deidre, thank you very much. meanwhile more protest over the to death of a man who was in police custody. i've got one simple question. where is al sharp? why isn't he in baltimore?

y in general. we told you those gdp numbers are coming out this week. the dow was positive, it has turned negative. the s&p 500, by the way did touch another record high today but again like the dow, it is now trading in the red. meanwhile the funeral for freddie gray, the man who died from a spinal cord history

while in custody the protesters against the baltimore police turn violently over the weekend. 34 people were arrested after a group of protesters began lighting fires smashing windows, looting stores, and moments ago baltimore police department issued a warning that gangs have entered into a partnership to quote take out police officers. so far we haven't seen much from the man who has been at the front of other anticop protesters. nbc, liz mcdonald is still with us. the main thing with him is president obama has invited him in the white house 80 some times and he's in the justice department. the excuse for letting him in such a powerful position anesthetic diffuse situations like what's going on in baltimore, but he says has taken one step. >> right. david: if equity diffuse why is he there? >> right why is he in the white house?

what he does and the words he uses in these kinds of situations, by the way, this was a horrific tragedy . david: sure it was. >> it was a catastrophic injury . david: but it doesn't justify looting and -- >> right. and what al's words were kind of like lighting a cigarette over an oil irony. it is extremely, he will, in fact go to baltimore but usually he pair chutes in very quickly and small businesses do get looted, they believe of get destroyed even african-american business owners said that their business was destroyed . david: well, we do have some breaking news on those. will the new attorney general be less kind to al because he's not diffusing. >> well, here's what al is saying, he does want to take this to the attorney general. he said in disappoint there may not be a police report,

he's worried that the deadline may be blown by the police themselves and they're saying that they're conveniently change the deadline . david: is he marking out his deadline with a new attorney general. is that what this is about. >> yeah. he's saying he will do the a march from baltimore to washington d.c., taking the issue to the . david: but with his power bottom have the interest of the people, the good people of baltimore. >> yeah. david: and business. >> yeah. david: thank you liz. >> sure. david: after all the hype, the apple watch isn't getting the rave reviews that apple is used to and here's our cyberguy to tell us why that is

>> so he's so from from fire frustrated that i feel he felt compelled to say something like this. >> thanksgivings colonel cedric on george w. bush slamming the obama foreign policy here's my take. he's gentleman even as critics

give him that. so what he attacks sitting president at a closed door meeting as he reportedly did over the weekend, it is big news. tws said middle east is going to hell in a ham basket thanks to president obama and a mess that big is going to take a lot of money and effort to clean up. the question is, do we have the money? and the determination to do it before it is too late? we're not really going to find out until at least november 2016. meanwhile checking the big board stocks are still negative just barely so. but remember we were winning for most of the morning. until then, take a look at tesla it is still a winner, couple of banks upbeat on the company's prospects investors up 7%. checking shares of apple meanwhile, of course the new watch is out. reviews are coming in, so far they're not all that good. lots of complaints about buggy

apps and terrible battery life. >> you did it right. here glad i got your name right what is apple getting wrong with the watch? : getting a lot right let's not beat them over the head entirely on this one. but boy are reviewing coming from name brand tech reporters saying i'm excited this is phenomenal but in the one but that is really getting a lot of attention is the battery life. it is affecting battery life. >> hold on saying this for details they say 18 hours of battery life and then you put it on that special charge hadder that is it. pretty good? >> watch's battery life but they're complaining about this watch requires that you have an iphone 5 plus onward. so you've got a 5s onward it talks to the phone constantly. people are complaining that their six plus batteries are eroding on this one and performance increasing but those are pretty small voice with

that. numbers with get today numbers from apple they're not, obviously, going to -- >> sales are off the hook for their watch. people are standing in license in front of a store not far from where i live in los angeles where they're, i mean literally they have got people and front of a store called maxfield that is very, very upscale fashion oriented retailer, only place you could get a watch on the day it was released last week. >> apple's favor young people do not wear watches i'm talking people under 30 most of the people under 25 they don't have watches even when you go to am apple store they don't have watches. there's a version market of young people out there who don't have -- and they could say okay, this is the watch i want. there's no competition, just want apple watch that is a pretty good market. >> a good market but won't change a youngs person sitting there having this confers with somebody and it goes tap, tap on your wrist say use need to walk around within this hour.

>> maybe they'll like it. >> distracting? >> really the sell for this is better than a fit bit or fitness bands. i thought people requester going to start to dementia talking to their wrist. >> not used to apple -- and siri the voice you can speak with at their iphone it is a component of speaking with a navigating apple watch and it is just as crappy as it was before. where she doesn't understand what you're saying so you have challenges. >> so us farts i can use this, local series forgive me folks. old people love siri but young don't use it so much. >> i can't answer that question at this time. [laughter] >> okay. a competitor here. pebble. >> not close.

not seeing major competitors in this market until all of these big guys like the samsungs of the world come in, rip this thing apart and say okay how do we knock this off just like they did with the iphone. queue dose to apple. money they put into r&b and down the road in their product line is innovative break through and nothing like they've ever seen. >> looking to see if you have a watch on. >> i have a watch on. this is a thing i'm not giving this up. this is a watch that i saved for, and knew one day i would reward myself. >> i'm wearing one of those. i will not take it off my wrist. >> a symbol. >> a personal achievement symbol to me and one that i think is beautiful fashionable. other people apparently are not saying that it is that fashionable a watch. but that is also why you see them dolling it out as a freebie to numerous companies like

beyoncé -- >> a gold one with special gold and everything. so they think they're cover in the that regard great seeing you. thank you i didn't mean to include you in us old folks. chipotle getting rid of gmo's in its footed i'm asking our jim are gmo's really that bad? the challenges of keeping everyone working together can quickly become the only thing you think about. that's where at&t can help. with the tools and the network you need to make working as one easier than ever. virtually anywhere. leaving you free to focus on what matters most.

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>> i'm nicole with your fox brief sweeping out a gain you can see up one just over a point and a half at 18,081 down two points and a the nasdaq is high pest level we've seen since the year 2000 approaching all too many now pulling up 17 points. s&p 500 include joy global and namings related to gold mining including dupont has been a leader in the s&p and about in the dow jones industrial average. goldman sachs talking theme park really like seaworld as six flags. seaworld calling this one a bye that has been beating down. six flag said they've run out. keeping an eye on tsr13, they

have numbers.

new york state is reinventing how we do business by leading the way on tax cuts. we cut the rates on personal income taxes. we enacted the lowest corporate tax rate since 1968. we eliminated the income tax on manufacturers altogether. with startup-ny, qualified businesses that start, expand or relocate to new york state pay no taxes for 10 years. all to grow our economy and create jobs. see how new york can give your business the opportunity to grow at ny.gov/business >> big changes coming to chipotle the first major restaurant chain in the united states to stop serving genetically modified food. gmos john host of stock is here. john i'm sure you buy into this gmo movement right you're totally against it, no i'm being facetious you think they're a good thing? >> yeah, they save lives they make food cheaper, less likely to starve.

but in terms of stupid, evil movements chipotle voluntarily is doing it better than most. because at least they're not talking about mandatory bans for everybody whole foods did this years ago. if they want to appeal to those customers sometimes they won't have those foods that is what america should be about. >> so chipotle doing this listen about to volunteers doing it voluntarily is perfect example of the free market at work even though you like gmos. >> and somebody i may not go to chipotle now because they're spreading ignorance by giving into this stuff. >> second part of the argument. while you think chipotle is listening to its customers you think they're wrong in helping the anti-gmo propaganda. >> principles to say that is nonsense, but i'm ridiculous they're a company and they need to suck up to their customer however they need to do it. >> you know john mack who

started whole foods he believes it. >> he really believes in this stuff so does my wife for example. a lot of free market believers are anti-gmo believers. maybe you're wrong and they're right on this. >> i'm not wrong about it saving lives. they're right in that this is what our customers want. john mackey says i will not eat any sentient creature so he doesn't demand everything follow his philosophy but at least we have a choice here. i hold in my hand right now a list. this may convince you to be anti-gmo because monsano is one of the big companies been pushing plants for years and years now they're part of crony capitalism and have members go back and forth on the fda and usda et cetera. a lot of people this is a list of all of the people that work for it and work for government supporting progmo stuff.

would that make it anti-gmo the fact that they're part of the kroneny capitalism crowd. >> you can have it and treasure it. >> look at that. >> when government is big, and powered by idiots who want to regulate them and force them to do dumb things they have to try to drive the government. >> like john mackey founder don't like gmo people we don't like the capitalist do like it. we're with the wrong crowd if we like gmosing. >> the exception that most -- these fears come. there was the vaccines we saw damage there. at abc they were doing teflon pots, cell phones. microwave obviouses they said were going to hurt people at least these things weren't banned and people got over their fear. >> genetically modify food to have it in vitamins to help third world countries doing that with rice. i hear what you're saying gmos

save lives but the question too a technology that is only in the market for the last 21 years or so. it is sort of like biotechnology -- >> don't know the impact of drugs of the human brain? >> reading before you think a french poodle is natural? corn on the cob we get? >> my wife -- swears and i think mackie does too that you can tell a difference. this is a perfect segment you should do it. have gmo food and nongmo foods do a take bring in somebody very anti-gmo see if they can taste a difference. >> red grapefruit wouldn't exist without this engineering. >> i'll give you credit. idea for a segment. >> right here on crony capitalism. >> i hate you. >> there he goes. >> government speaks. raise our money on this stuff. >> if there isn't a good visual tearing this up. good to see you john. thank you very much. and your show every friday now?

>> friday night? moved another day. >> people found me, so that is good friday. >> god bless you. thank you very much. let's check the shares of chipotle announcing it will stop serving gmo food doing well again they listen to their customers and the company does well. always listen to your customers. there's a moral here. let's bring in chief fitzgerald does this make you want to buy this stock here? >> well sure. i think it is very attractive you know no disrespect to john, but i think that gmos, in fact, are terrible i'm tired of eating ingredients i can't pronounce and great that a company stepped forward to do our things for our customers that matters here. >> it hasn't hurt whole foods? >> has it hurt whole foods at all either? >> no there's a huge movement, in fact, a growing backlash to liz's point we don't have data these things have been in the market 20, 25 years or so, and you know america is getting more obese, health problems are here.

bacteria superbugs somewhere there's a link to it this. i would be darned if i know but i think there's a link. >> will mcdonald's follow suit? >> i think other companies will follow suit because this is going to create a new pressure on market. look at organic foods for example ten years ago that wasn't even a whiff of imagination but now worth hundreds of billions of dollars gluten free the same way. >> i do a show called after the bell. after the bell today we have apple stock, coming out earnings will be coming out. what do you think about this stock? has it risen too high or it will time to get in? >> pleasant of time to get in. i think this company is $200 a share 24 months or sonar with large growth out of china. 20 to 30% out of the bottom line and i'm excited to see numbers that are produced. i like ten cooks added to shareholders right now. he's looking to return capitol. >> how is he looking to return. because we see apple watch -- we don't say we just is have kind of a mixed review about it.

other than the apple watch which again has mixed reviews how is he returning other stock buyback what shareholders want? >> look at the apps that are coming onboard teach even though watch is probably i don't believe it is informed. i think he's changing market yet again. this is a lot of what jobs used to do to create a need before the market recognize it had and market could come to him and going to have corporations do apple work for him five years no from now a different company from what it is today. keith, u right now we have a different tech market than in 1999 producing things so many companies back then that were with villages with a front but nothing behind it. is -- do you think the fact that we're at record highs with nasdaq that we busted through those levels that it is such a different world comparisons are bad to the old days of the.com bust. >> that is a great question?

i wouldn't go so far to say comparisons are bad. i remember people remember the dot come bust. microsoft was coming to its own and laid ground work for amazon and google and alleyback baa what is happening is underline change in the marketplace not necessarily device or companies themselves. >> but again you have some companies that -- that are coming onis line that are promising more than they're delivering. do you think those will fall by the wayside. >> i think they will. there's a lot of vaporware out there. people remember that to replace a company at the click of the mouse. what you can't replace is the need to have or the must to have companies that are making u stuff we can't live without. i think again to ten cooks environment, he's creating something that the world doesn't yet recognize it needs and the fact that you're going to talk into your wrist is a different foreign factor. >> we haven't yet seen apple tv might be a new game changer thank you very much. good to see you keith fitzgerald.

theme work for strange inheritance this week all about being saved from the trash. starting tonight at 9 p.m. eastern time host jamie colby is coming next.

>> take a look at shares of american, now remember they own the bulk of debem wife favorite company. so roosevelt is here with a detail. the market loves what barons loves why is this company doing so well right now? >> this is a company that is improving its efficiency greatly and has not been well managed for a long time but they have a turn around a plan that is working, so it is really good about the stock. is that it can go up regardless of what happens to the commodities prices. now another huge in do you minds and platinum they do 40% of the world platinum. >> how do they change the management style in order to improve their efficient? i >> they're cutting costs which they haven't paid much attention

to before. getting out of underperforming businesses their rivals have operated much more efficiently. >> what is the limit? it is up over 3% today how much more do you think it can grow? stock? >> we think with the turnaround plan if it -- goes the way we think it will go, it is 20% upside. >> holy cow how long a period of time? >> year or two. >> that is pretty good. time in the market is basically flat. >> right, and if they fail, at that they're willing to break it up, and sell parts of it which could also help the stock. >> baron's bounce ain't for nothing. theodore roosevelt thank you for coming in. appreciate it. >> well it is saved from the trash week on strange inheritance colby is here this is a nightmare that a lot of people have jamie antrorse something that turns out to be worth millions. >> first of all i think i need a baron's bounce. but it would be nice.

yes, can you imagine being this close to inheriting millions, in fact you inherited it but accidentally almost toss it? this is the first of our theme weeks, and i am going to be going out to start shooting season two which we're very excited about this week. nomination life for six months. >> i'm going to have the life of americans young imagine meeting. >> personal life you put everything on hold while you're doing this. >> good point but it is worth it david, we have stories that are very close to folks actually not realizing what they've inherit haded. do we have sound? >> a clip, producer? >> i can tell you about one for example because i meanted on it which was a baseball card. if i had had a house that a family member died in and left a whole houseful of junk and wife will throw them away. turned out to be baseball cards. >> is a family actually they have the greatest baseball card

collection you can imagine. black swamp find you don't want to miss this episode. they are the wagners and thai cobbs i'm familiar with all of this stuff. i can't imagine -- >> docks that the wife wanted to throw away. >> not the wife but twice it was almost age out to the trash by a cousin who was helping them clean the attic so much more. >> the nickel declared a fake by the secret service thanks for asking was worth $3.5 million. and liberty five produced and they thought they have the best counterfeit ever. >> we have to go we'll be watching jamie thank you very much. barney right after this.

>> definitely experienced plenty of avalanches specifically on everest. right out of base camp is the ice fall which is a two mile, you know, basically river of blocks of ice the size of buildings, and they're constantly falling.

there's avalanches kicking off left and right of you. david: brian dickenson, author of "blind descent," he made the climb to the top of mount everest alone. i'm going to take a bite of the pretzel -- [laughter] deirdre: there we go, david's starting his lunch, we are starting "risk and reward." the biggest tech company in the world reporting earnings after the close, the big numbers you need to know if you own apple stock. cuba, a new home for air bnb but asia is where they see the most business opportunity. our exclusive conversation with the ceo is coming your way. and climbing billboard's top 100 singer christina miliana to talk about her new investment. aftershocks are happening in nepal after the worst earthquake in more than 850 years there --