gold, everything. across the board, david. david: below 17,900. hasn't happened in a while. [closing bell ringing] here is everything you need to know right now as bells are ringing. a major victory for obamacare today that is going to affect all of our lives and our businesses. in a 6-3 vote the supreme court ruled that the irs can continue to provide tax subsidies for low and middle income people who buy insurance in all states, whether they have the federal or state system. fiery dissent from conservative justice ant anyone scalia causing quite a concern. we should quote, calling this law "scotuscare." here is what president obama had to say after the decision came down. >> after a presidential election based in part on preserving or repealing this law, after multiple challenges to this law before the supreme court, the affordable care act is here to stay. david: joining me now is fox

business's peter barnes who was outside of the court when it happened and fox news senior judicial analyst judge andrew napolitano who guessed it right several weeks ago. we'll get to andy just a few minutes ago. peter, want to start with you. we've had several hours to digest the news. how are the different sides playing it? >> well, david, as you know, this case hung on four simple words, established by the state. and the critics of the law said people could not, who had their, got their health care, bought their health insurance through an exchange that was run by the federal government, and that is in about 35 states were not eligible for tax credits and sub sy days because of those four words. that the credits were available through exchanges established by the state. but justice, chief justice roberts in upholding the obamacare law today and the subsidies said quote, the upshot of all of this the phrase, an exchange established by the

state is properly viewed as ambiguous. he acknowledged that the affordable care act contains more than a few examples of inartful drafting but he said, quote, given that the text is ambiguous, we must turn to the broader structure of the act to determine the meaning of that section of the law and he says, here the statutory scheme compels us to reject petitioner's interpretation because it would destablize the individual insurance market in any state with a federal exchange. dave? david: let me go to judge napolitano because, the justice said the text was ambiguous. was it? >> well, david, it is very difficult in my view to characterize four plain english words with ordinary meanings not subject to nuance as ambiguous particularly in this case the plaintiffs said it was not ambiguous, and the government said it was not ambiguous. this is another example of the same justice, the chief justice,

finding something way out of the box and use that as basis for his interpretation. last time it was whether or not this was a tangs. david: in this case, judge napolitano, it was not 5-4 decision. he got another conservative to come over, 6-3. were you surprised at margin. >> whether we talked about a few weeks ago, i thought it would be 5 laugh 4. i didn't think justice kennedy or conservatives would change their mind. i justice kennedy didn't. justice scalia is on fire. david: he called it pure apple sauce. he used a phrase jiggerry pokerry. i haven't heard that in legal jargon before. >> what he is basically saying, david, if the court can take a plain ordinary phrase filled with everyday language, declare

it am bug with us and then change its plain ordinary meanings, we don't have a government of laws. we have a government of justices. because they can do that to this, they can do it to anything. that is his fear. the framers wrote this. that is how they expressed themselves. that is how it should be interpreted on the basis of words they choose, chose, not on the basis of the words that the court would have chosen. david: peter, i know it's a big victory for the president but some people are saying republican are breathing a sigh of relief because they won't have to fiddle with trying to figure out some fix in case those subsidies didn't come down. is there any truth to that? >> well, there might be because speaker john boehner had a press availability today and he was asked directly, okay, now what, mr. speaker? and he would not be pinned down on what was next but he did say that republicans might try to make some changes to the law as they go through the budget. david: giving me a wrap but

andy, there are a lot of taxes that go along with obamacare, 20 at last count. does this decision mean all those taxes stay in force? >> david, i'm sorry to tell you this decision is now the law of the land. and the remaining challenges to it are on very, very narrow grounds that are unlikely to even make it to the court. david: judge andrew napolitano, peter barnes, thank you gentlemen. good to see you both. >> you're welcome. melissa: the race for reaction, 2016 practically tripping over themselves to chime in on obamacare decision. fox business's blake burman in d.c. with the latest. blake. >> melissa, good afternoon. let me show you this real quick. this is some of the stack of statements we received from presidential candidates. hopefuls filed off their opinions immediate after the supreme court released its. message from republican presidential candidates despite the court's ruling, it was unanimous, the fight will

continue in the 2016 election. republicans still plan on replacing the affordable care act. take a listen. >> the court spoke. now time for the people to speak. >> i would repeal it and replace it with something far better and a lot less expensive and a lot better. >> i disagree with their decision. i believe obamacare is bad for americans, bad for the country. >> for every person whose premiums have gone up, they can now thank president obama. >> frontrunner jeb bush also released a statement which he said the decision is not the end and the fight in the obamacare fight. the republican national committee summarized the republican sentiment today the ruling enhances the need for a republican president. on the other hand, democrats unanimously hailed the high court's decision. hillary clinton said in a statement, quote, now that the supreme court has once again reaffirmed the aca, the affordable care act, as the law of the land, it is time for republican attacks to end. it is time she says, to move on. the democratic national

committee did not mention 2016 at all in its statement. rather, melissa the dnc said, debate is settled. melissa. melissa: thanks so much, blake. numerous health care stocks rallying on the supreme court ruling. several names hit lifetime highs. this list is dominated by hospital operators, like community health systems and universal health services. health care services and equipment stocks that focused on infant care like med vacs which provides neonatal services. not a hue r new lifetime how, check out tenet, hospital operator ending the day way in the green. let's bring in scott martin, united advisors, a fox news contributor. what do you think of health care stocks at these levels? >> i still like them. today's ruling, melissa, adds to

the story. way we play this, is an etf, xlv as in victor. it has everything you mentioned, some providers, drugmakers, some medical device companies. certainly some of the hospitals. you're getting the best of everything. i think big beneficiary here is providers. think about it as demand goes up, as subsidies continued to be confirmed for so many americans, guess what happens? the demand for health care goes up and so do deliverables in the etfs, companies that make the stuff part of the health care system, those are going to benefit. melissa: i guess if we all pay higher taxes, higher premiums and higher deductibles you might as well get in on health care stocks to make back some of the money. >> you definitely should. think about generational speak. baby boom remembers alive and well, getting health care, with full use of medicare. there are millions of americans just lined up. if you look at humana, aetna, those are all new customers that those two companies alone will

get in the next several years that it will generate tons of revenue for these companies whether they stay separate or actually merge together. melissa: all right. thank you so much. appreciate your time. david? david: meanwhile the broader markets ending the day lower. section lows. second day in a row we ended session lows. greece continues to weigh in with still no compromise reached. negotiators preparing for weekend talks ahead of next monday's deadline. they're trying to encourage the government, not to cave to creditors demands. melissa: protesters against uber turning violent. french taxi drivers shuts down paris as demonstrators turned over cars, they burned tires, blocked roads to the airport. look at this video. uber responding to the protest saying, uber firmly condemns recent acts of violence against uber partners and their cars. whatever the anger violence is never acceptable.

nearly 3,000 cabbies took part in the strike. really amazing stuff. david: they take their protests seriously in paris. melissa: i guess. david: congressional testimony on lois lerner emails happening all day on the hill. inspector generous sell george that there were 422 tapes with lerner emails were destroyed. this is months after congress told the irs to keep emails no matter what. investigators pinning it all on two lower level irs workers. gerri willis is here. gerri, do we know anything about what was lost? >> david i have to tell you lost is the wrong word. this stuff was destroyed. as you said 422 tapes. that was 24,000 emails between lois lerner and golly her husband, individuals who were seeking tax-exempt status for their conservative organization. the inspector general was only able to recall a thousand of these emails. in the meantime the irs in trouble today too because they only looked at one possible

source of these e-mails, not the six available. they looked at the hard drive but there was also blackberries, backup tapes, server drives, backups to the tape server driverses, loaner laptops that nobody even considered. i have to tell you, david, when you look at this, the double-standard at work here astonishing. i want you to hear what representative ron de santis had to say about this whole situation. >> if a taxpayer had been asked about it irs in an audit to produce certain documents to justify their tax returns and they just decided that some of the things they didn't want to produce or claimed they were destroyed or destroyed them, something tells me that would not fly. so you have an agency here that is operating under a different standard than they impose on the american taxpayer. that is unacceptable. >> outrageous situation here and you've got to think if the ig actually has it right and the

irs did inadvertently destroy this information they're incompetent. there is no good solution here. everybody looking for more answers. i'm sure we will hear more from the inspector general in coming days. david: he is doing his job anyway, the inspector general. we have panel discussion on irs issue coming up. a very hot topic. thank you very much, gerri. >> you're welcome. melissa: you could have a subsidy with that. a big win for the white house but maybe not for businesses. two executives sound off after the break. david: the surge is still on -- search is still on. a manhunt continuing after second prison employee is charged. melissa: look out "the donald" appearing near the top of the gop pack. we'll be right back. [ male announcer ] legalzoom has helped start over 1 million businesses.

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melissa: small businesses feeling the pain from today's scotus ruling on obamacare. that it imposes burdensome regulations that cost them more

and their employees as well. here to tell they're stories, white castle president and president and ceo of dover group. butch, i want to start with you because you have a story in particular. you have 60 employees or roughly that much and their insurance was canceled, is that right because it didn't meet standards, what happened? >> no. my company has about 500 employees. melissa: okay. >> and we, full time and part time. most of my employees have health insurance with me. it became a very big expense. many of them don't even want to have it. now it is mandated they have to. it is an expense to me. expense for them. we're happy to help them. but just another expense that we can't afford. and not only me, my vendors as well. they're under the same guidelines and everything will get more and more costly. melissa: is it not true, i read a story about your employees having their insurance canceled. did it not happened. >> it was canceled at very beginning. right when obamacare went into effect it was canceled at very

beginning. employees were blaming me. they thought i did away with health insurance, didn't pay premium. it was terrible. they went to the doctor, one of my secretaries was pregnant and couldn't get any type of care, it killed us. finally explained to them it had nothing to do with me. this about the government and a terrible law. melissa: jamie what is your experience been like at white castle? >> melissa, just like butch. we offered health insurance, offered health insurance since 1924. best things come from neighborhoods and customers and team members. the worth things are from washington. this is really costly. it put restaurants and retailers in difficult. if you start them new at full time, effectively another tax of government. definition of full time as 30 hours is ludicrous based on nothing. totally arbitrary. that is hurting restaurants and retailers everywhere. completely unfortunate. just because it is constitutional doesn't mean it is good policy. time to act for congress to fix

things wrong with the horrible law. melissa: politicians says this affordable health care is available to law and the lawsuit of the land and this is great thing. butch, in your practical experience and what does it mean to health care coverage and what you can afford to pay employees and what is the reality? >> reality it is not a great things. it is a terrible thing. we have to be careful for hours. there are lot of menial jobs we can't do because we have to be careful. hire people, to keep them at lowest amount of hours. not to hurt anybody but not to hurt ourselves. only so much you can charge for a product. we're selling basically meals, nothing very expense system. and the numbers and of people working part time are growing at staggering rates. bigger companies giving people 28, 29 hours. they're coming to me looking for the same amount of hours to get a full week's pay. they're not getting any health insurance. they're figuring out ways not to do it. melissa: jamie, people would listen to stories what butch

said, but you guys are getting rich on backs much your workers and customers. you should be paying more for their insurance as a result. why are you complaining. how do you respond to that. >> as restaurants and retailers we make big invests in the neighborhoods we serve. the biggest thing we do is provide job. this law creates less affordability and more inequality. it makes it harder for people to get hours they crave, the opportunities that they deserve. americans deserve bert. and congress should act to fix it. they have the chance to do it. >> absolutely. melissa: thanks to both of you. >> thank you, melissa. david: such a slim profit margin. hard to make a profit. we have earnings alert. nike reporting fourth quarter results. ashley webster on floor of new york stock exchange. ashley i see we're up about 2% after-hours. >> we were up nicely at one point, 10a share, which would be a new all-time high for nike -- $108.

earnings was 98 cents. the estimate was 83 cents. so a nice beat there. revenue coming in at $7.8 billion. the estimate was for 7.69 billion. again a beat on expand revenue. the stock got a nice little pop yesterday from goldman sachs. it raised its price target to $121 for nike. says it is on its conviction buy list. also on this report, melissa and david, revenue from footwear up fliesly to $4.78 billion. even though they're under a lot of competition from under armour, nike coming in strong results. david: good news for nike. let's go to scott martin. scott, is it a buy. >> it's a buy, david. these are kiril numbers on both the top and bottom line. if you looked back to what dogged company on last several quarters the impact of stronger dollar. previous quarter didn't have as big of an impact.

look beyond the u.s., look to their next two biggest markets, western europe and emerging markets, not as bad as they were three to six months ago. that is certainly helping the company to push the stock up after-hours. david: by the way, profit up 25%, scott. >> absolutely. they're cranking out profits like it is nobody's business. full disclosure we own the stock here but i would look to add some possibly tomorrow morning. david: scott is a happy man. he made money today. thank you, scott martin, united vicetores. appreciate it. the fourth shark attack in three weeks. a young boy suffering injuries off the coast of north carolina again. plus new allegations that the irs destroyed evidence just months after being told to save the documents. what's up? ♪

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melissa: a lawyer for the second employee charged in connection to a prison break in upstate new york admits his client gave the inmates a screwdriver and pliers. but that guard, gene palmer, reportedly claims he didn't know that david sweat and richard matt were planning to escape. meanwhile the search for fugitives is slowly expanding. investigators are confident the men spent time at a hunting camp near the prison where they may have found some weapons. rick leventhal is live from owls head, new york. rick, what are we learning today about that prison guard? >> reporter: melissa, gene parker is a 27-year veteran officer of clinton correctional. he knew both matt and sweat. worked on honor block where they were both housed. he dealt with them on daily basis. he admitted he gave them needle nosed pliers around screwdriver and access to catwalk behind their cells to alter electrical boxes to allow the men to cook

in their cells. they later used catwalk to escape. they gave them paintings they tried to burn and bury to hide the evidence. he admits handing matt the hamburger meat stuffed with hacksaw blades. it was inside after cloth bag and given to him by joyce mitchell also charged as an accessory. mitchell put the blades in the burgers and palmer says he didn't know they were there. >> did he make some mistakes? yes. he acknowledges that. and takes responsibility because that is what he does. he is a man of integrity but he did not plan or aid in the planning of the escape. >> reporter: meanwhile as far as the search is concerned place say they are 100% certain that the two escaped killers were inside of hunting cabin a couple miles from our location as early as 10:30 a.m. on saturday but there have been see record confirmed sightings of them since. there is a 75-mile search area. we're about in the center of

the, melissa. no confirmed sightings of the men and they have no idea where they might be at this hour. melissa: wow. rick leventhal, thank you so much. you got to love that lawyer. did they make some mistakes? yeah. couple of mistakes. david: a couple of hacksaws in hamburg he meat. melissa: can't blame them. unbelievable story. don't miss "dog the bounty hunter" tomorrow with maria bartiromo on "mornings with maria," starting tomorrow at 6:00 a.m. maybe he has a clue. david: i suspect he has an opinion at least. donald trump is firing back on reports that univision will drop the miss usa pageant. this follows his comments on latinos on the mexican border. the gop cop tender sat down with gretchen carlson on fox news's the real story. >> i will have to sue univision because i speak negatively of trade with mexico. i love mexico. i love the mexican people. i love them. they're great people but mexico is just taking our negotiators to lunch. our president doesn't have a

clue. david: not shy, "the donald." univision is declining comment to our own charlie gasparino. donald trump is part owner in miss universe and miss usa. we'll see what happens there. netflix shares falling down back to earth. the stock seeing steepest decline since march after it reach ad record $706 a share. that was the second highest share price in the s&p 500. analysts are warning that netflix's stock is quote, priced for perfection. can't do anything wrong after shares climbed 90% just this year alone. all right. supreme court ruling on obama's health care bill. does this end any chance of rescinding the law? we'll debate that next. melissa: plus, what could be missing from your dinner table and sold by kids at school? all that and more coming up. you wouldn't take medicine without checking the side effects. hey honey.

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it recognizes pedestrians and alerts you. warns you about incoming cross-traffic. cameras and radar detect dangers you don't. and it can even stop by itself. so in this crash test, one thing's missing: a crash. the 2016 e-class from mercedes-benz. david: the court's ruling on obamacare subsidies gives p.m. obama a win with his signature health care law but is the health care law really doing what he claims? with me now is cato institute director of health policy studies michael cannon. he oppose the law. townhall.com political editor and coauthor of end of discussion, guy benson. also fox news contributor. criminal defense attorney randy

cell. i want to have a lot to cover here. what the president claims to be happening with the healthcare law and get your view. here is the first sound bite. >> this has never been a government takeover of health care despite cries to contrary. david: now, mike, the problem with that, you look at recent statements by people in the private health care industry like aetna ceo mark bert toll lien any, calls the government its biggest customer. says the following, they, meaning the government is paying a lot of money and they have the right to give us some ininsight how they think we should run our business. when the primary customer is the government, not the policyholder, i think it's a government takeover. what do you think? >> of course it is a government takeover. there are a lot of costs with the government running your health care sector. particularly off of obamacare.

these were in indispute in this supreme court ruling, does the president have the power to hide costs from people by taxing 70 million people without congressional authorization? spending $30 billion to hide those costs from obamacare enrollees. even though the law says he can't do that. the supreme court said, no, we think he can. so the supreme court colluded with the president here to rewrite, to rewrite obamacare in order to save it again. david: randy now you have, now you have companies like aetna which did extremely well today, all the insurers and hospitals doing well because they are growing to get these subsidies from the federal government. but they're actually telling these companies, the federal government is, what to do? >> it is insane. it is like everyone looking at me and me saying i'm not really here. let's just ignore the clear language that says, you know you can only get the subsidy if you're on a state exchange and the supreme court said, you know, that is not really going to work because the holding will

kill itself. that is ignore it like i'm not really here. the language is not really there. it is all good. david: guy, let me play another sound bite from the president about the cost of health care and get your impression. >> meanwhile the law has helped hold the price of health care to its slowest growth in 50 years. david: now the problem with that is the president is not considering deductibles, which have gone sky-high. in fact the "usa today" back in january did a survey of people who are forgoing a lot of medical procedures because of the high deductibles. here is what they conclude. quote, health insurance now often requires workers to pay so much out-of-pocket, that many feel they have to skip doctor visits, put off medical procedures, avoid filling a prescriptions and ration pills much as the uninsured have done. what do you think, guy? >> yes. so there is a couple reasons for the slowdown in the increase of national health care spending. and by the way, we were told

originally that the, it wouldn't just be a slowdown of increase. they would bend the whole cost curve down and that hasn't happened. even with this deceleration obamacare supporters like the president constantly bring up, one study after another, including some from the government show that those slowdowns are not attributable to obamacare. it is the example, phenomenon that you just gave, david. also the weak economy last couple years. david: weak economy, when the economy is weak, in recession recovering, medical expenses go down because people can't afford it. but, mike, the main reason we're paying less for medical care as a country is because people can't afford as much medical care with these high deductibles. >> you know if obamacare were reducing the cost of health care and health insurance, the president would not have been afraid of this lawsuit that the supreme court just decided. he would not have been afraid of the court blocking this subsidies, $30 billion he is issuing to people in

healthcare.gov states but he was and that is because obamacare coverage is so expensive that if you didn't heavily subsidize it, people would say for get about it. similarly the other part of obamacare, the study that was just released, if you gave medicaid enrollees the money that medicaid spends on their behalf, said would you buy medicaid coverage, the cost is so abs slow momally high compared to the value they receive -- david: there is no such thing as free lunch. mike, we have literally run out of time. guys, thank you very much. melissa? melissa: continued changes at the top at 21st century fox. roger ailes signed a new multiyear contract with the company. he will continue to serve as chairman and ceo of fox news, our own fox business network as well as chairman of the fox-owned television stations. our own ashley webster is on the floor of the new york stock exchange with reaction from there. ashley? >> yeah, you know, melissa, that announcement coming this morning. it also comes a year before

mr. ailes's contract was due to expire. so we know he is now resigned a multiyear deal. roger ailes by the way has been with the company since 1996. he oversaw creation and launch of the fox news channel. which by the way can now be seen in some 90 million homes. it has become, let's face it a dominant ratings force in the cable news landscape. also a financial powerhouse for the company. also means that means that roger ailes will be at the helm of fox in the next presidential election and beyond of the he will report to fox co-chairman rupert murdoch and as well as james and laak lan murdoch. james is chief executive giving him day-to-day control. lackland chief executive chairman. roger and he says, will continue to and always have a special relationship. roger ailes still at the home of fox news channel, fox business

network and other of course properties of the fox empire. melissa: music to our ears. best boss in the universe. thank you so much. >> sure. melissa: chaos continues in france as uber and taxi drivers riot throughout the streets. wait until you hear which famous american was caught up in all of it. plus the race for 2016 is heating up. the latest "fox news poll" who has the best odds of beating hillary clinton. that's next. ♪

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melissa: the race for 2016 is heating up. the latest "fox news poll" may have you scratching our head. donald trump after declaring his candidacy putting him behind jeb bush. take a listen what "the donald" told to gretchen carlson. i wasn't going. >> i want going to file, i filed. i wasn't going to announce. i ran. i give up a lot. when i do this i give up a lot.

melissa: joining me now evan thomas, former "newsweek" editor-at-large. we also have julie roginsky democratic strategist. fox news contributor. guy benson back with us as well. we were talking about scratching your head. julie, what do you think about trump being in second this national polls right now? >> i think it is a matter of trump getting in and he is second today. i don't think he will be second much longer. melissa: people don't jump in and go right to second. >> they don't. donald trump has great name saturation. he doesn't need to be introduced to the american audience. they know him. whether you or not you like him as long term presidential candidate remains to be seen. candidates get in the summers, you say this is year-and-a-half out who cares. you have a fox news debate coming up in august. you have to be in the top 10. this become as lot more important at this point in the game than it would have been in previous years. melissa: evan, what do you think? >> i don't think trump is serious but he's fun.

he adds spice to the race. he is a diversion. he is a sideshow. melissa: guy, is that fair? because he is beating at that back that criticism. nobody expected me to file. they didn't expect me to dot paperwork. they don't think i'm for real. two polls in a row he is second. yes he has a lot of name recognition. julie says, a lot of people don't like him so you wouldn't expect him to poll second? >> the reason he is polling second is that name recognition. i am surprised he decided to run this time. he threatens to run all the time. this time he pulled the trager her it is such a stratified feel that he is in second place. he has astronomically high negatives. the vast majority of republican voters don't view him as a serious candidate. melissa: let me ask you, looking at the as the candidates stack up against hillary clinton, this is the other poll we were talking about, sort of had people scratching their heads,

in a head-to-head election if they were held today, hillary and jeb bush were tied among likely voters. a lot of folks not necessarily thinking jeb bush in a general election would do the best taking her on but this poll showing that is the case. julie, what do you think? >> again name recognition, something jeb bush benefits from his last name not being exclamation point as much as he wants to be. very early general election matchups. nobody's negatives on the republican side have been defined yet. hillary's has been. i think that is important for the republican debate as well. melissa: evan, what do you think? >> i don't think jeb is as doing as well as he wants to be doing even though matched up against her evenly. i think he is the guy with problems. marco rubio is greater threat i think than jeb us. melissa: you think that marco rubio is the greater threat but not according to this poll. he did almost as well as versus hillary but jeb was the one who looked like he could actually

beat her in a head-to-head race. that is what made this so surprising. guy, what do you think about that. >> i mean it is so close. jeb and hillary in this poll are 43-43. rubio is down one point, 45-44. couple other contenders within a couple points of hillary clinton. she is sitting around mid 40s against all the republican candidates with the exception of donald trump who i don't think is particularly serious. julie makes insightful point, a lot of hillary clinton's negatives have been defined. with jeb bush is the nominee, democrats every single day will say bush, bush, bush, iraq, iraq, iraq, recession, recession, recession. he hasn't really been through that gauntlet just yet. where we're sitting in head-to-head polls today really doesn't matter. >> we'll leave it there. thanks to all three of you. david? david: this is happening too often this summer. another child attacked by a shark off the coast of north carolina. eight-year-old boy. fortunately suffering minor leg

and foot injuries from what appears to be a small shark bite. it could have been a lot worse. officials say the wounds are superficial and not considered to be serious. this is the fourth shark attack in that area in just the last three weeks. too much. all right. violent riots against uber shutting down a lot of paris. protesters turning over cars, burning tires, shutting down major roads. singer courtney love was actually one of those caught in the chaos. she tweeted that the demonstrators ambushed the car she was riding in. the rocker went on to say, quote, this is france? i'm safer in baghdad. deirdre bolton joining us now. these vested interests do not give up easy in paris. >> no, not at all. that was a great tweet from courtney love. you can see why she said that essentially the french riot police were brought in to control the situation. you said it. you have taxi drivers blockading major transport hubs. you can see that video there.

the main airline, main airport rather, charles today fall being blocked as well -- charles de gaulle. cabbies started overturning cars, basically blocking roads demanding this is what they want, david. that uber, which is already illegal in france, be banned entirely. you know a little bit about the government there. i believe there are no fewer than 12 taxi unions in the paris region. melissa: wow. david: i didn't know that that is extraordinary. by the way taxis here are ticked off as well against uber. i don't know if there would be riots like that. i don't think they have any union. deirdre, thank you. be sure to tune in to risk and reward at top of the hour. we'll be watching. meanwhile the internal revenue scandal just got worse. a new investigation finding that the agency destroyed a lot of emails. your tax dollars at work. plus shrinking into -- slinging into a theater into

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for a free quote today,call liberty mutual insurance at see car insurance in a whole new light. liberty mutual insurance. david: irs has lost or destroyed thousands emails. lawmakers probing into the alleged targeting of tea party groups. it also shows the irs did not search for emails in the obvious of places. >> did they look at her blackberry, her tone? >> they did not. we took possession of her blackberry shortly after she left the irs in june of 2014. >> so the irs commissioner who assured us there was this dragnet out there looking for all this, they're working hard, thousands of efforts and millions of dollars going out the door but they didn't look at

her blackberry? david: unbelievable. was this obstruction of justice meant to hide intent. that is a charge if proved could put somebody in jail or maybe even get a president impeached. it has happened before. we're back with evan thomas, author of "being nix zohn." former "newsweek" editor-at-large. guy benson, townhall.com. evan, terrific book on nixon. unbelievably good book. nixon of course famously used the irs to attack his enemies including left-wing groups. does this mean this president or people in the administration u.s. the irs to a get right-wing groups. >> bobby kennedy tried to audit nixon and nixon to get even.

irs resisted that. nixon wanted him to but they didn't. bureaucrats in the irs had scruples in 1970. david: i think irs commissioner at that time recently died was in his '90s. terrific guy. randy the second article impeachment of president nixon was because of what he was doing with the irs, using it as a political tool. intention is the without emails we don't know anybody's intention, do we? >> when you talk about obstruction you're talking about defeat, impair, impede. isn't that exactly what went on here? no, no, it was an accident. i missed the memo before i hit the destroy button. i'm so sorry. i have never seen intent stretched like it has been stretched today. intent means one thing over here. means one thing when we talk about obamacare. means something else when we talk about discrimination. david: amazing. david: guy, we knew president nixon's intention we have the tapes. the tapes were revealed. the tapes showed him how he

would use the irs to go against his enemies. maybe he didn't carry them out because there were honest people at the irs back then. is there any chance of proof of intention here without the elves mails? >> when you're deleting emails left and right it becomes much harder, a lesson hillary clinton has internalized put into practice at the state department. all the aft from there. look, i wonder if someone might finally ask the president a question to sort of revisit. remember the thing that he said, there is not a smidgen of corruption in the irs scandal? now that we know all these many emails were actively deleted or lost, does he stand by that? will anyone be held accountability at any point? david: those are kind of questions you don't often hear unless it is ed henry in there trying to ask them. guys, thank you very much. evan, again, terrific book on richard nixon. not your typical book on nixon. "being nixon quote is the name of it. melissa. melissa: with great power the

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>> a school official revealed some students are caught, and even selling, salt, pepper, suggest par -- sugar in the school cafeteria in order to make their food taste better. they're entrepreneurs. david: i love this story.

you can't kill the free market. it will find a way to reveal itself is. social engineering doesn't work. a waste of time and money. such a waste of money what the government is trying to do. thank god for the free market. >> "risk & reward" kicking it off next. deirdre? deirdre: david, melissa, will come to "risk & reward". supreme court rules in favor of the affordable care act. republicans vow to keep fighting. we'll bring you the very latest. the irs scandal where more than 24 how emails were -- 24,000 emails were erased. taylor swift scoring a victory for apple music. when you hear what music streaming services pay artists you will understand why she was so angry. "risk & reward" starts right now. ♪