that is it for us today. charles payne is in for stuart varney today. you've got a big show within 30 minutes time you'll see a big opening for stocks. charles: i really appreciate it. stuart will be back tomorrow. here is the big story. another rally so far appeared features a 200 points but a whole bunch of skeptical barisal lined up for you. they are not buying this rally. they will tell you why. hillary clinton, those tears, line, guys. of course the campaign that she would be more authentic. president obama says he will shut down the government if republicans don't agree to spend our money. you've been getting three hours of this. the longest reigning monarch in british history. we do have a fellow with --

britt with us. all right, guys. "varney & company" is about to begin. ♪ looks like the market is up to a real solid start. dow futures up 190 points. we've also got to take a look at apple, the stock of the day. are they going to wow us. bigger iphones, large tablets and then apple tv. we will ask brad larsen about that in just a minute. take a look at oil holding steady. broad support is good news. regular gas down again with $2 her dh sends and it's down 23 days in a row. a new number been an emotional

when, this time feeding her older sister, an electric night. serena taking the match in three sets. she is two wins away from the grand slam. that is when in all four major tournaments in the same calendar year has not been done and 27 years ago. another triple digit rally for the market here. china, japan, i say they are manipulating markets in a good way. china says if you hold stocks and don't pay taxes on dividend income in a female cut corporate tax rates. those are the manipulations i can live with. overall, what is your assessment? >> from all the markets right now, this is not an expect it. i am not impressed by it. i hope it continues that they doubt trying to make it to

17,000. global markets have been completely oversold and getting back on track to be on the upswing again. charles: what changes dynamics? would it be economic data or do you think so many things have been done to prompt these markets. >> global growth has to change. we have to stay positive global growth. we will certainly not seated in the late summer and into the fall. perhaps in a 2016 we will see something. i'm not even sure of that. governments are being reduced to having to go and come stimulus and create stimulus. so that means what is happening before passing apart. we are back where we started. it doesn't bode well for global economies. charles: does that mean if our federal reserve reverses course starts a high grade it will

destroy the rally? >> it will destroy the global economic growth picture. i'm looking for this bounce is an opportunity to sell stuff. charles: nice seeing you, man. the latest poll shows hillary clinton says 42% of the democratic vote but joe biden who hasn't declared was infected with the respectable 22%. last night hillary said she was sorry for the e-mails candle. roll tape. >> even note was allowed, i should've used to accounts. one for personal ,-com,-com ma one for work related e-mails. that was a mistake. i'm sorry about that. i am trying to be as transparent as they possibly can. i am sorry it has raised all these questions. i do take responsibility for having made what is clearly not the best decision.

charles: earlier this week hillary said she had done nothing wrong and now she's apologizing. why the sudden shift? >> she wants to show more heart, more emotion, become more approachable. she's apologizing for the wrong thing. most americans after this edwards noted area don't care the server with less secure than it should be. we know everything gets hacked. let's put that aside. what we care she's lying all the time. she lied about having turned over her work related e-mails. we know that it's not true because e-mails that went to third movement all, once a day but also someone who should not be in the mix with state department business was receiving pings. we did note that because until he proffered e-mails that linked her red. and then she had the whole thing

about no top secret or classified information. we know that's wrong. they make the apology seems that is even more insincere. were not just told to be more authentic. >> last night she even teared up a little bit during an interview. let's roll that. >> by mother had a terrible childhood peerage was abandoned by her parents, her parents, rejected by grandparents. she was literally working as a housemate at the age of 14 and she told me every day you've got to get up and fight for what you believe and no matter how hard it is. i think about her a lot. i miss her a lot. i wish you were with me. charles: are you buying those tears? >> you don't want to be heartless but this is a little reminiscent of the breakthrough moments in 2008.

the woman is exhausted. she's under enormous stress. the fact we've only heard from her mother in this cycle, decades have gone by and i've never heard about hillary clinton's mother very much. >> is something about a woman crying during a presidential election as some people hurt her a little bit. we talk about donald trump changing the rules. was that okay? did that make her more human and acceptable to voters? >> in the beginning, not like the art, the 2008, hillary was determined to come on as a woman who could either as commander-in-chief answering the 2:00 a.m. phone call determined not to be soft, weak, et cetera. no one is this woman a softer week. charles: reminded of humor and heart and will go out and get it for you. let's take a look at apple shares.

a big event today. if it gets any higher, everyone talking about apple, can it meet expectations in a been a victim of their own success. brad larsen is here to talk to us about it. so many articles have got a bunch of. we know what's going to happen unless there's really something up their sleeve. >> i was the magic steve jobs brought to these events. not just his charisma and ability to mount the most mundane technology, but keeping it a secret until it happened. always a lot of guessing and speculation. now i feel like -- >> one more thing. there might be -- i would be shocked to see what that was. that's what it's about.

in this day and age, it's incredibly difficult to keep anything a secret. charles: you've got suppliers overseas. >> era spread everywhere. >> in the last month apple is cut major deals for cisco and ibm, to big time rivals. they want to get in the corporate world. there is talk of maybe a big tablet been announced, something that the corporate world. >> there have been murmurs they'll come out for the tablet for several years. they are big, gray, and may have a stylus which is a big no-no in the world of apple. i see them doing something like this. it makes sense that their partnership with ibm. the average consumer does not want a giant tablet by your doctor's office might want one. i see a lot of use for that. train to a lot of companies

walking around. you look busy. charles: the chief executive of united airlines resigned. actually, this is an amazing dory. ashley: this is a great story. between united airlines and chairman of the port authority of new york and new jersey, david samson. the theory is denied wants improvements at the terminal in newark and they also want to pay less men. in order to sweeten the deal, they decided to operate a flight between newark and columbia, south carolina. that is where mr. sampson back at home is. his wife has family down there. putting on a flight. late a money-losing flight and they operated this two to three days after he resigned from the port authority who by the way

this mixed up in the fiasco with chris christie. >> is that unacceptable? it seems convenient. absolutely amazing. charles: thanks a lot. coming up, and a plane bursting into flames. look at that. more than 170 people still on board that plane. kentucky clerk kim davis released from jail despite her refusal to issue gay marriage licenses. judge andrew napolitano is back. more bernie coming out. >> to interfere with what is the public policy of the land. same-sex marriages lawful.

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charles: take a look at their futures. at 20178. obviously we will open higher.

the big question is will it be ... stay in those games. that's the big question every day for three weeks. europe still struggling to sustain the refugee crisis. officials from the union say 120,000 will need to be distributed across the region. the united nations says the situation will become worse around 850,000 refugees. right now crossing over to europe by december. still refusing to take them. saudi arabia, kuwait, qatar, zero. more and now can we speak with ron paul later in the show. the clerk in kentucky who was held in jail for refusing to issue license is is free today. she was released yesterday with the big rally spearheaded by mike huckabee. take a listen to what he had to say. >> just keep on pressing. don't let down. >> of already told that somebody needs to go to jail, i'm willing to go in her place.

i'm tired of watching people being harassed because they believe something of their faith. charles: all rise, judge andrew napolitano. >> it is also our former colleague and friend. charles: we love him but we don't always agree with everything he has to say. in this case talking about within a few select date to uphold the constitution and he's joining with a group of people saying they're parts of the constitution or procedure where the supreme court makes definitions that they don't have to or shouldn't have to abide by. >> 170 years ago when andrew jackson was president of the united states in the supreme court issued a ruling with which he disagreed and the chief justice was john marshall. president jackson famously said john marshall has made his ruling. now let him go and enforce them.

that attitude that a president can refuse to comply with the supreme court opinion has been condemned and not in vogue and not part of our society or jurisprudence for the past 175 years. even donald trump told --

while you were in office. if you don't like a lot, don't be in the business of enforcing

it. >> change the rules on may and now it's my religious freedoms have not not fair. >> the accommodation is for someone else issued the marriage licenses. charles: something tells me we'll keep hearing about this. >> i think we are. charles: thanks a lot, judge. a big rally looking up is so for a triple digit gain. your 401(k) couldn't do that a week ago. and the patriots accused of cheating as a gag. roger caddell and the patriots on the same page. more "varney & company" is next. we live in a pick and choose world.

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charles: this just in, mcdonald's has done a switch in the united states and canada over the next 10 years. the latest in a long line of companies that have joined the help and organic food trend. apparently that is the millennial slot and what they look at. but donald has not been so were almost all stocks are now. 182 points up as much points up his points up is not just you and on a pin. we do have a bombshell from espn that we need to talk about. the patriots were huge cheaters and roger goodell covered it. ashley: this is a blockbuster report. the cheating that the new england patriots was well known

allegedly by other teams and their owners and head coaches and i got to a point in april 2008 a meeting was held in florida between patriots owner bill belichick and all the other owners and head coaches to clear the air. it turns out that the patriots made a habit of stealing and videotaping the other teams signals from the field. as we know that was the basis back in 2007. it is something they regularly did. accusations of sneaking into the other team's locker room to get play sheets, go into the trash and looking for anything. the real shocker is goodell new office, found evidence, found videotapes and ordered them all destroyed. >> a lot of people say that is why maybe perhaps he overreact it on the tom brady situation to make up because there had to be a whole lot of voters who were pretty upset.

tranter introduced out that says a lot about the patriots. charles: in the nfl. opening bell a few minutes away, looking at a rally possibly as much as 200 points. biggest day of the year so far for apple with a lot of announced mints, i found for the first time. we find out by some investors are nervous about this and a lot more. "varney & company" is next. do you want to know how hard it can be

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>> that attitude that a president can refuse to comply with a supreme court opinion with which he disagree has been condemned and not in vogue and not part of our society or our jurisprudence for the past 175 years. even donald trump told bill o'reilly, i may disagree with the supreme court, but i'm going to comply with it. charles: that's earlier in the day. remember, we start this show 9 a.m. eastern time every single day. a look at the futures as the bell is going to ring shortly. the dow up 188 points. shah galani is back with us as is ashley webster. you say, this is knee jerk bounce. at what point to the upside do you consider bearish?

>> for me, it's easy, i have to see the dow get to 17,000 and get there in a reasonable amount of time and then between 17,000 and 17,500. if it settles i'm back in. below that, no, i'm shorting. charles: dan, i know that the traders love volatility and the last three weeks have been a cornucopia, is there something to be said for a normalized markets? >> i would like to see normalized markets for the investor out there. the rollercoaster, we've experienced, i think what's needed her is a definitive statement from the fed one way or the other to get the volatility of the market out of here. as a trader, great things. as an investor, not so good. >> it's interesting, charles. you may have the world bank now saying, no, don't raise rates, it will cause panic and turmoil. the world economy is struggling.

the last thing you should do is raise 25 basis points in this month. just as the imf did. charles: even over the weekend, christine lagarde reiterated that to her friend over at the federal reserve. what are some of the other factors. shah, back to you on this, we're up 98 points, looks like we're going to be higher, not sure everything is open. we've heard a lot about the fed, heard a lot about china. all of these other outside sort of influences to the stock market. >> shah. >> i think that ashley voted what the world bank said. they were worried about panic and turmoil and this is a real problem. if the fed raises rates, this could create a contagion effect throughout emerging markets. you saw what happened when the yuan was devalued by the chinese government, they had to jump in back in and support it. this is what the world bank and imf are afraid of, we could have a contagion effect from

the stronger dollar. >> we watch the big names all the time and apple courses, there have been tech names struggled as of late and do you find out that investors are sort of picking their spots right now, and focusing on a handful of would-be winners and the other stocks are on the sidelines? >> that's exactly the case. you look at what netflix has done over the course of the past month. a runoff and then a pretty big rundown. this is the point you look at it and see what's it's going. i think the market is too uncertain to do that, but it's a stock picker's paradise if you're going to find one. many of the solid names have come off, but not a broad mix of stocks. you can find opportunities out there if you can shop and easier to shop the past few weeks. >> what's the name that you've been looking at, dan? >> one name i've looked at is apple. i took a chance on it two weeks ago, i think it was that monday when we had that big down move. i bought it not when it went down to 92. sure wish i did, but i was

watching the market and was able to get it the a the low 100's. i think it's a solid stock. interesting to see what the investors confidence today brings up. there's been disappointment and that will come back. if that stock comes back, look at it. another one i'll look at, ford, it's been performing terribly in terms of stock market action, but fundamentally it's doing great things. the f-150's finally taken off, pay attention to ford. charles: a big bet on the all aluminum 150 and the last two months, the heavy trucks outsold them. the first time the f-series not the number one truck out there. of course, ford has got their china issues. other stocks, amazon, wal-mart, caterpillar, all of these are important names, mcdonald's, any of these resonating with you? >> no, none of them are resonating with me. again, i think it's a trader's market. i agree with dan. this is a stock picture's market here. they're trying to get to good investment. it's a crap shoot here.

you add to apple and add the core great companies and not stocks. this is not a time to define stocks, it's time to go with positions for quality companies. the only thing i would do here. i was looking for the markets to go higher and positions on momentum stocks to go back down. >> we always talk about buying, sort of a contrarian thing. over the last three months, nothing has been weaker than energy and most people are loathe to try to go back in there. >> it's hard to pick oil. a lot of them is done on-- i wonder how much money has been cashed out and that cash is on the sidelines because this kind of market for retail investor is frightening. charles: to that point, investors have taken over 100 billion out for mutual funds and etf's designed for american markets. yet, we keep hearing that america is the best looking horse in the glue factor for

lack of a better term here. what is it with that? there's a disconnect between the american investor and the idea of owning great american companies? >> you've seen the past four weeks, because of the uncertainty what the economy is going to do, the fed is going to do, and what our u.s. economy is going to do. it makes sense to the investors. i don't want to take a chance we would have a big drop in 2009. i don't think that's happening, but i think that's the mentality now. if people are fearful. let's see u.s. growth. let's see what the fed is going to do, and be definitive about it and then maybe see them step back in the market and not happen anytime soon though. >> right now the dow is up 156 points. we had the pop yesterday and moved side ways and mid day, a lot of action with apple related stocks, a big day today, ashley. >> what are we going to see? are we going to see the unexpected-- the iphone 6 s and 6 s plus and

you may see a force touch. a different style of using the phone, harder pressure rather than the tap. cut some corners and get to apps quicker. and the apple tv, the new set top set that will have a faster chip and be able to ask siri perhaps to pick a movie or netflix, voice remote controlled things. maybe we'll hear more on the apple watch or imax things. this set top box, apple tv is going off to the gamers, that's a huge, huge market. never going to take a slice out of the ps 1 but-- the course touch, i hope i don't have to learn a new skillset.

i'm a heavyhanded. and take a look at macy's, this is, by the way, a fan favorite. they've had an earnings reports and charismatic finding a way to talk the stock back up. now they're closing stores. shah, this is one of the names i think is a core position for wall street. i've seen them miss over and over again and then the ceo comes out and says something nice and wonderful and they bid the stock back up. would you buy it? >> no. i-- it used to be a core position for wall street, but the bloom is off the rose. i think it hasn't done well, the stock is off 20% from its highs which weren't that long ago. the store closings are a statement that things aren't going well. yes, it's probably good to consolidate stores, but they're having a problem because on-line businesses are growing and they need to concentrate

more on on-line businesses. >> we've got three hours, i'm going to find something that you like before this show is over. in the meantime-- >> apple, microsoft. charles: he gives us apple ap microsoft. you don't have to say microsoft, stuart is not here. [laughter] >> take a look at amazon, launching a delivery service in amazon, and the home of the $15 an hour. worth chasing here? >> i don't think it worth chasing because of the restaurant delivery idea. it's not a bad idea. anything that brings convenience to me or to the world is a good thing. amazon is a big company, this he have -- they've got to do a lot right. charles: and up until 3:00, 3:30. what's the probability of giving it back on a scale of

one to ten? >> if we're up that late, giving up is is two. if he woo give -- if we give it up, i'm nervous. charles: and a lot of people, it could be a worrisome situation for investors who are sort of walking on egg shells, ashley. ashley: they are, how much conviction is this in this selloff, if there isn't a stronger conviction. charles: i say there is no conviction in the box office. hollywood had their second strongest, but lately it's week. a lot of that was jurassic world. how is that helping or not helping the space? >> the show biz folks are counting up nice box office dollars when you consider the summer time period from may 1st all the way through labor day so maybe we've tapered off in recent weaks, but overall the second best summer for u.s. and

canadian box office ever. the total almost 4 1/2 billion dollars in fact, a 10% increase, last year only 4 billion. the all-time record was 2013 with 4 and 3/4 of a billion dollars. comcast, university, and disney had seven of the top ten pictures. universal jurassic world, avengers, and inside out from disney. charles: i think the all-time record adjusted for inflation, "gone with the wind" came out. >> after all tomorrow is another day. charles: and chipotle is hiring 4,000 people today. ashley: 4,000 people from 8 a.m. to 11 a.m. they want to

fill the positions. go on-line, register, get the form and call your local chipotle and meet with the chipotle team as they say. charles: they're going to do it that way. me mcdonald's said we're going to hire 50,000 people in one day and you had lines, hundreds of thousands of people lined up all over the country. ashley: you need the registration. charles: they don't want to see that scene. ashley: they don't. but hiring 4,000. charles: look at the stock. an amazing thing. ashley: good for them. charles: that's what you get when you sell those expensive burritos. the chief of united airlines resigned. ashley: which one was that? >> the united airline guy. ashley: and senior executives quit. it's because of the bogus routes between newark and columbia, south carolina, to schmooze the head of the port

authority, and the ceo stepped down from united. they wanted some improvements to the terminal at newark and wanted to pay less rent. the way they did it, created the chairman flight because the chairman has a house in columbia, south carolina and had family down there, what better way to get into his good books, to create a route just for him. charles: a money losing route, often empty. this is crazy. is it going to hurt or help the stock in any way? >> it's going to hurt it. what i find interesting about this story, this started with the bridge-gate of new jersey. as far as the stock goes, it questions the credibility of those higher up in the chain out there. now, over time, i don't think it will be a big effect, but stay away from it for a few days. charles: it's kind of terrible, the guys raised ticket cancellation fees, the bag fees

and then do something this devious. it's alleged, but we'll see. the tax-free alibaba spin-off with yahoo! is not coming to fruition. a lot of people are cutting their price albeit a little bit late. >> there's no reason to hold the stock, this a travesty, a black eye for maris mayer. she's blown it. alibaba is in half. they're looking at something like 20, $23. if they do the spin-off. they have a problem with the irs and having this be a tax-free spin-off. this is a mess. no reason to own yahoo! here. charles: shah, the red carpet was rolled out for marisa mayer, she's been glamourized, and in vogue, elle and that

kind of stuff. as a ceo, i don't think that she's done a good job and you have to wonder how long she'll be on. >> i don't know how much she has. they were hoping that the return to capital would be her saving grace. if the spin-off doesn't occur, she's going to be gone. they haven't done anything with yahoo! japan, millions on the table there. ad revenue is sliding. there's nothing to hold this company together. charles: it's interesting because the alibaba deal was put together by jerry yang and nothing to do with it and it made it look like she is botch botched-- >> tremendous ground to google and facebook. the alibaba was the biggest driver of the core price of this. that's gone down in value almost 50%. a complete disaster all around.

charles: alibaba was the big e est one, but that's not the case. ashley: i don't have that one-- alibaba struggled in china. charles: dan, are you with us? >> i am. >> i want to talk to you about this. with the so-called unicorns private companies with a billion dollar valuation, i don't worry about the valuation, one thing i'm worried about, they build up this gigantic valuations as a private company and go public and the average investor ends up on the hook buying the stocks at such exorbitant valuations. i think of the gain and people should be upset. alibaba is probably one of the best examples of that. >> you look at the stocks when they come out. i can't agree more with you. i don't know why some are so interested in getting in ipo's.

the valuation seems far, too far. alibaba is a classic example. let them settle down, find out what they're going to do before you do everything. if you don't have the wherewithal to watch that stock drop, don't get into that stock. use common sense and good financial judgment. charles: this is an aside. i think their ceo is a nut, so, that's because me. [laughter] he cobbled together an amazing story, but somebody else better run the ship because this guy seems like he's losing it every day. l let's look at the big board. up 150 and 160, giving some of that back and it's worrisome. the dow 30, all of those are up. big move in the blue chip name. goldman sachs got an upgrade this morning and it's leading the pack. a surprise nod of support for donald trump, this time by

maybe the most-- biggest liberal. elizabeth warren says donald trump was correct about taxes. >> donald trump and i both agree there ought to be more taxation of the billionaires, the people who are making-- >> that's a liberal position, he might be driving the right wingers out of their mind. >> it's a pretty right position. charles: all right, more from the heritage foundation, when you think about this, we know donald trump was talking specifically about hedge fund managers and the special tax loopholes that they enjoyed. nevertheless though when you hear higher taxes, that's music to their ears with progressives and they've been trying to sort of link trump to their cause. >> i think what we found out yesterday, charles, is that donald trump has found his running mate, elizabeth warren, wouldn't that be a great ticket, trump and warren. >> look, i think he's completely wrong on this tax

issue and with the conservatives, bush out there today talking about cutting tax rates. you've got almost all the other candidates are saying let's make tax rates down in order to-- >> why should hedge funds, i am not a fan of higher taxes, but why should the hedge fund guys pay such little taxes, 400, 500, not uncommon for some of these guys to walk away with a million dollars a year. >> and this is in jeb bush's tax policy today, lower the rates across the board and that would be a good trade i'd take that in a nano second. i could never really understand why you have special treatment for hedge fund managers. that's an entirely different message than when trump is out there talking about raising

taxesen 0 rich people as an idea. you look at top 1%, 450% of the -- 45% of the taxes. and the idea that elizabeth warren is talking about, they pay the most taxes. you're seeing ben carson surge in the polls. let's have a flat rate of 10 or 15%. if you make a billion dollars, you may 100 million in tax. if you make 1,000, you pay 100. it makes it proportional to what you make and everybody pays their fair share. charles: a lot of good ideas coming on strong. more and more people think it's sensible. you met with jeb and he had his op-ed out in the journal with the tax plan. no marriage penalty, no death tax, no alternative minimum tax. the corporate tax rate to 25% from 35%. one thing that worries me, 15 million people will no longer have to bear any income tax

liability. what about the idea of every american having some skin in the game? >> i've always agreed with that, good tax policy that everybody should pay something. we have a tax and republicans and democrats alike are responsible for this, where you have 40% of americans who pay no income tax at all. look, i want an economy where everybody's making so much money they're paling more taxes -- paying more taxes because the income is rising. i agree with what you're saying. everybody should pay a little bit of taxings if you're going to vote on how the government spends its money, shouldn't you have to pay something into the public and the answer is yes. charles: a minute left. they're telling us to wrap. we'll have you back and maybe talk about this when i see you on my show. in japan, i wanted to let the audience know, their market had one of the biggest sessions ever because they're talking about finally cutting the

corporate tax. thank you. the market is rallying, up 115. should have been up 200. a little which aresome and the herbalife battle back and forth, release of another ad attacking billionaire investor bill ackman saying he's making millions from so-called activism while hundreds of workers are losing their jobs. charlie gasparino has the scoop. he's next. straight talk. multiplied by 13,000 financial advisors it's how edward jones makes sense of investing. hi mi'm raph. tom. my name is anne. i'm one of the real live attorneys you can talk to through legalzoom. don't let unanswered legal questions hold you up, because we're here, we're here, and we've got your back. legalzoom. legal help is here. ♪

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>> check on the big boards. the dow up 121 points, 16,615. a key number, we'll see if this momentum can last. one thing hasn't lasted is in herbalife battle. i want to take a look at the stock. it's up fractionally. the company releasing another video attacking billionaire bill ackman. roll tape. >> ackman and his hand picked ceo adopted a plan that turned into an unmitigated disaster. sales slumped and stocks plummeted. it was bad for shareholders, but j.c. penney employees who paid the price. charles: we had on "varney & company," j.c. penney was on death watch and hit like $4 looked like it was going to go out of business. these activists have impact on

regular folks. >> yes, i have no horse in j.c. penney game and i know that bill ackman basically-- not basically, it was maybe bill ackman's worst bet. he was long the stock and herbalife. he thinks the company should go put out of business because it's a pyramid scheme, they don't sell the product, they get more and more investors. the company denies that. at first they had a handsoff approach dealing with ackman. the last year they've ramped up attacks and put out one video saying at that ackman made a lot of bad calls. this attack is political in nature, they're doing a brilliant didded not only is bill ackman wrong on some of the pox, j.c. penney and others, some led to massive

layoffs. if you go to foxbusiness.com i have a story, a write-upen video embedded in the story and point out when bill ackman launches sort of these activist rates where he says that company stocks should be higher and the company needs to lead to improvements and leads to massive down size. charles: herbalife he was adamant about them going out of business and that they're an illegal originals and that means people lose jobs. >> we think they should be put out of business and that's a whole other story. we've asked ackman for a comment on the video, he told me he hasn't seen it yet. when he sees it, he will comment, but i will say this, if you see the video, it's pretty vicious and it basically says, he goes after companies and-- >> we're going to check it out. good stuff, charlie, thanks. and apple thing could be huge, they're going to unveil iphones, but they've got other

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>> here we go, hour two. the rally fizzled a little bit, but the dow up 130 points, are the bears right though? they're not changing their minds. and donald trump and ted cruz are teaming up to protest the iran bill in a big rally, this coming as we learn that the u.s. navy is having confrontations with iranian war ships now on a daily basis and it's a big day for apple. it's all coming and what exactly you should expect. larry the cable guy, he's here and you never know what to expect when he joins us. "varney & company," hour two starts right now. ♪

check out the big board. dow up 131 points. it was up a lot more than that, but hanging tough. here are your dow 30 stocks at one point all were up, ironically apple has given up its gains and a lot of tension at mcdonald's as well, big names we know. apple is going to have big news shortly. we'll see if it turns things around. speaking of turning around, netflix is up and launching the movie and tv streaming service all over asia, singapore, taiwan early next year and take a look at amazon, talk about a nice little pop. launching restaurant service in seattle, the home of the $15 minimum wage and facebook is yet again a winner, the stock broke through $90. and don't forget oil. take a look at oil right now. it's sort of meandering a little bit, but it's found some support, not up with the stock market, that has some people

worried. and financial group rob morgan is with us. you say that the market is still in correction mode? >> well, charles, i think it's trying to find a bottom. and i'm encouraged by the fact that we tested the correction lows, they seem to have hold-- or held and i think we're going to see higher lows from here, so, i do think that-- but at the same time, we're not going to be off to the races to the upside. there's still some technical damage to be repaired. >> what is that technical damage. you say we've tested the low, but maybe retest them again. it was a flash crash, but nevertheless, something like that would that have to be retested to confirm the high jinks are gone and we could have a smoother ride to the upside. >> not necessarily, i think we've got to see some consolidation among different

averages and make sure that the dow transports are confirming the dow, that type of thing. i don't think that we necessarily have to go back down to 15,000 handle on the dow, but at the same time, longer term, i'm pretty positive on stocks. i think that once we do get this confirmation on the lows, the economy is going to continue to grind along here, pe ratios aren't out of whack. retail investors have been scared out of the market and gives us a wall of worry to be good long-term for stocks. >> quick, you mentioned the transportation stocks were down long before the routes came to the entire market and that's been around for a long time and always seems to work. what's holding them back? oil is cheap, the economy is okay, it seems like they should be gang busters right now. >> well, you know, i'm underweight the industrial sector, charles, partly because the strong dollar is probably going to hurt the multi-nationals and i think-- i speculate that the transports

are somehow tied into that, that negativity. but you're right, i mean, that's been a strange signal for a while now. charles: all right, no 15 handle, but we may still meander a little bit. we meander for six months, woo he will-- we'll take that, see you soonment donald trump and ted cruz are set to appear against this iranian nuke deal. peter barnes has more. what is trump going to say, peter? >> well, charles, that rally is going to be about three hours from now at the capitol out on the lawn and trump was on bill o'reilly's show last night and gave everybody a preview of what he's likely to say, here is what he said. >> that deal is a disgrace it should never have been allowed and how obama got away with it is beyond anybody's comprehension. >> but, but this might be a

little bit of an awkward appearance with cruz and trump because just last week, trump said that while a lot of republican candidates say that if they take office they will tear up the deal, trump says, no, he will not tear up the deal that there is a contract, the deal is done and other countries won't turn back the clock. he acknowledged this might cost him votes, but trump says he will make sure the deal is backed up by toughen format. he's a tough guy and if the iranians cheat, quote, they will have hell to pay, charles. back to you. charles: donald trump, the master of renegotiating and restructuring deals. this one, i don't know, if you can dismantle obamacare hopefully dismantle this, too, because it's a disaster. and joining us from the center for statesmanship and diplomacy we know this deal is not good particularly for israel nor for america. what do you make of the comments from donald trump and

others about it? >> good morning, and good to be here. everyone hate the deal, the democrats hate the deal, no one wants to be responsible for this deal. the question, where we stand right now, what is happening at this rally and what are people trying to accommodate, to accomplish. until the votes are in, they're not in. charles: how do you turn it around? give us-- give me steps how this is turned around? right now, apparently it's veto proof. >> it's simple, no one has tried to play hardball and this is hardball. instead of saying we're raising tens of millions of dollars to take ads, instead of sending lobbyists to capitol hill, we instead, said, listen, we're going to put together a war chest, guess where we're starting, 20 million against you chuck schumer, it's not your vote, you took a pass on this, and you should have been whipping this like a leader on the democratic side and if you did that, we would have seen a different result. you can do that if people have the guts to pony up and say

we'll take you down. charles: with all due respect i think you'd be pouring money down a rat hole. he voted no against this and wouldn't be you be smarter to go after people who have been waffling or have pangs of conscience? >> it's not only 20 million all in, it's 100 million all in. you start with chuck schumer, it's powerful, it's not that he's voting against it, but it's clearly signaling to the press, public, colleagues, i'm voting my way, i'm not pushing this, not whipping this. it was a cynical, cynical move. now what, fine? let's leave chuck out of this, you're right. a dozen other senators we could go after and make them understand their political career is at an end. charles: we got this report, right, that iranian warships have been confronting u.s. navy ships and the rhetoric out of iran, death to america, death to israel, can't that be put in

front of a package and these are people we're going to give a nuke to and plus a 150 billion dollar signing bonus. >> what would that accomplish? talk about a rat hole, earthquake m hates the deal on principle, congress doesn't want the deal. everyone hates the deal. we don't need pr. we need to put political muscle behind it and make them pay. charles: jeff, let's say it goes through and we get a new president. do you know enough about the deal that we could not honor it, a new president could say it's a bad deal, we're not going to honor it and we could do something different. >> to start now, there's a question based on the corker and menendez, they did not delivery. the president and kerry did not deliver to congress nearly all of the facts they are required to do, or the bill fails. republicans should or could be moving on that. as far as the next president, yeah, listen, it's going to be very, very hard the same way to

try and unravel obamacare, but we can definitely make things much, much tougher for the iranians. charles: senator corker didn't get a lot of fans on his hand in this deal. and most american think it's a bad deal. we'll have you again soon. thanks a lot. dr. ben carson closing in on donald trump in the polls and now he's attacking donald trump on immigration, listen to this. >> it sounds really cool, round them up and send them back. people who say that have no idea what that would entail in terms of our legal system and the cost, forget about it. and plus, where are you going to send them? so, you know, that's a double whammy. charles: all right. ashley is with us. e-mack, what do you think liz: this came after ben carson, it was suggested to him moments before that, whether or not he would join a donald trump ticket as vice-president. you know, as we've known now,

trump has been cautiously eyeing ben carson's rise in the poll to a solid second place and now trump is effectively saying to himself, this gives me an opening to now counter punch against a very gene yal ben carson. charles:'s he's been saying, i want this guy to attack me, so i can counterattack. that certainly was a diss about the idea. ashley: he was right. it's one thing to say a sweeping statement let's round them up and throw them out. how do you do that? what are the costs involved? is it realistic? it appeals to a certain voter out there, yeah, get them out of here, they're here illegally, but i think that carson is right in what he says liz: it would have cost a lot. charles: i read somewhere absurd 100 billion or something like that, but, you know, also, donald trump talks about us not winning wars and this is something i talked about for long time and i agree with him

1,000%. that happened when the vietnam war comes into our living room. what happens when you found people up and someone gets hurt and someone is shot and is on tv. even the people probably excited about it now-- >> i'm sorry, this makes the debate more interesting because donald trump and ben carson are plain spoken. they do not like the fact that we are made to feel inferior as a country and i like the letter writer, donald trump talks like an old world war ii sergeant. he's probably right and ben carson is of the same mindset he's going to speak his mind and now these two candidates are speaking their minds. charles: i want more details on it. i think our immigration system is terribly broken. the new apple event, we know new iphones and revamped tv and maybe a giant ipad. we'll have the entire preview for you next. so,as my personal financial psychic,

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>> all right. guys, you're looking at the big board, i'm telling you the rally is fizzling. we were up 180 points, 200 pre-open and now just up 62 points. let's take look at shares of netflix. those shares are surging of the they had been hammered and they're expanding services to asia and including south korea. school starts in washington, the teachers aren't there, they're on strike. the classes are canceled. seattle, the home of the $15 minimum wage and doing well and teachers have to have a piece of action and would not have school on the first day liz: now 50,000 kids can't show up for the first day of school. here is what's going on. the teachers want 10 1/2 pay raises, why didn't they settle before the first day of school.

>> they weren 0 vacation liz: and now the superintendent says i'm sick and tired of this, i may sue the teacher's union for doing this on the first day of school and a big tight fight in seattle. we want to pay our teachers, but they were already in talks and called a strike. people are upset about this in seattle and a neighboring town as well. for the kids to have the first day of school and not have the teachers there when they seem to have a good deal on the table. charles: that's the 0 nl -- only day i wanted to go to school, the first day liz: the first and last. charles: apple is at the center of the market universe today, they've got a big event today in california. the shares were up maybe a couple of bucks, unchanged right now. we're expecting to get our first look at the new iphone. there are a couple of new models. even though we can see, by the way, a giant sized ipad.

tech watcher shana is with us. and sounds like they've got some pretty good stuff in the pipeline, but we're used to them really dazzling us. what do you think? >> we are used to apple playing the stops in this announcement. we're looking at this announcement with three different features, the updated iphone. the big one apple tv refresh and the third one, whether they release the ipad pro, the much larger sized ipad. that's what we're watching for with this announcement. charles: what about a new iphone would make me want to run out and buy it this christmas, if i have the most recent version. >> it's trying to make an easier version for you. a force touch in any screen. if you're in any app, you'll quickly push down on the screen, easier on your phone

and for selfie lovers, the front facing flash, every selfie will be a good one, front facing flash, and i know, charles how much you love yourselfies and a rose gold color, you would like. charles: i've never taken a selfie, my goal is never to take one or at least lose 25 pounds before i take one. and a closer look at the apple shareholder, they cut a deal with cisco and ibm and some people are talking about the giant tablet is designed to give that corporate market-- if they can get the corporate market we're talking a lot of money. >> that's with this ipad pro. it could be a replacement and better tablet for education for

schools, more colleges and also in enterprise. i think you're seeing already kind of in the start-up culture that people are using mac's or mac books in their offices and it's a big play from apple to move into the enterprise market. charles: you've told us the goodies, are we going to be wowed? i mean, the stock has given up its gains already so obviously, there's a lot of tension in the air. >> there's a lot of tension in the air. i think what people are watching is how apple announces specifically what the apple tv, it's been a market that they've struggled in. they've not had the wow launches that they've had with iphone and ipad around this apple tv. so if they're able to nail it which they're trying to do by announcing this third party app store just like for the iphone, if they can nail this, it would be a big market share for them in this streaming and tv set in your living room. charles: thanks a lot, we'll see a couple hours from now.

thanks a lot. a new report is out saying the irs is not doing enough to safeguard the personal information of the people whose cars they seize and then sell. gerri willis has the details next.

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>> the treasury general, the folks who found out about this. basically if you have your car seize, the irs is doing nothing to protect your personal information that might be in that car. these days, you have your home address, maybe the code for your garage door, so whoever gets that car or buys it could have access to your house, that's a worry and critics are calling this policy callus. at the end of the day the irs is doing nothing to protect the information of people, you know, you've got to protect the personal information of people who run afoul of the law and to be sure, you're supposed to file. if you don't file they contact you and you can set up a program to repay the debt over time. if worse comes to worse, they're taking this from outside of your house, they hey not protect your personal information. i have lots of personal information in my car. charles: really, if i get in your car i know everything about you. >> you know where my mom and her phone number and all of that. charles: it's going to be worse

because cars are going to be nothing, but speakers on commuters on wheels. >> they already are. it's a reality today. charles: they're making money off of this. >> they use this to pay off your tax bill, that's what they do, they have the experts who come in and evaluate the stuff and figure out what it's worth on the market. charles: what if the car sold more more than the tax bill. do they keep it or send it to you? >> i'm sure that, yeah, i see lawsuit coming after that. charles: and if they're not preking your personal information, it doesn't seem like they care. we know that the irs is a pretty-- we've seen this before. basically they were -- i'm listening to the southeast asia in my ear. hello, that's a different story. charles: do you think that something will happen here or something? because you have brought in so many amazing stories and unfortunately they're all amazing for the wrong reasons. >> all the wrong reasons. it goes to show you how lacking in empathy for the taxpayer the irs is, and here is the

ultimate cost, i believe, you create a public that's unwilling to work with the irs, right? . you know, right now 98% of folks pay their tax bill. you don't want that number going down. charles: all right. >> it's supposedly built on voluntary. >> a more kinder and gentler irs, so much for that. europe's refugee crisis is so bad even donald trump says america needs to get involved. we've got the details after this. i say we go all in on the internet... of things. what we're recommending as your consultants... the new consultants are here. it's not just big data...

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tree and to take a look at the dow struggling little bit. this bad boy does not stay static. up almost 200 points, not losing

steam coming on strong. netflix well over 5%. lives, any idea what was going on there? >> we were just talking about it. this is dramatic news for the stock. moving into a show full bore. already in australia and new zealand. netflix has been marred setting up financing because they only have 2 billion cash on the balance sheet. they know what they need to do to get into the markets. 65 million customers, you can imagine that's an increase dramatically. charles: apple is coming into the business and who though got the deal. they dropped the relationship. netflix said that on purpose. obviously there's going to be competition. liz: ashley was saying -- >> people still go to dvd stores and rent them in japan.

charles: they still make pretty good money. every time they come out. i'll look it up. stayed on markets, oil 35 bucks was some sort of a bottom. we go back under 40. >> yes, i do. the market is still way over supply and the opec reducers cannot get the non-opec producers to cut any production. so we are going in to the refineries and reducing demand and the oversupply is still with us. charles: whited all of a sudden where it are denied 38 and then a sharp reversal to the upside. how do you explain something like that. >> audibly a couple things. you run out of spelling and the

short sellers come in nec this rapid increase. then he gets a new set of china with the equity market despite gone up and dried soil with it. the fundamentals come back in and as you know something, we still a lot of crude oil out there and it will remain tough for producers over the next couple months. charles: i have lost track, but we have cut our rig count in half. experts like john hoffmeyer seiner production will be off 500,000 barrels a day by the end of the year come easily counterweight anything from iran. supply and demand dynamics may shift to the point where supplies could be an issue. >> i don't think supply is an issue. i myself am positive on crude oil prices at the end of 2016. i expect because we are losing some production in canada, the

dead bti prices are $55 a barrel by the end of 2016. charles: thank you are a match. really appreciate it. the influx of syria and refugees is at crisis levels. bill o'reilly spoke to donald trump about this last night. listen to this. >> something has to be done. it is an unbelievable humanitarian problem. i hate the concept, but on the humanitarian basis of what is happening, it is living in in syria no question about it and something has to be done. charles: national cochairman horsman ortega is with us. welcome to the show. donald trump say that he was president he would abide by the deal. before i ask you about this company made a point during the break that no one else has said the far. everyone said donald trump is right.

you are saying it can't be undone. >> absolutely, it's not a treaty. it's an executive order issued by the president and can be undone by the next president. we need more specifics from mr. trump and candidates. the republican side will throw it out. hillary clinton claiming credit for the deal. charles: is music to a lot of people's ears the notion the next president could undo the deal but everybody dislikes. the european migrant bill is a nightmare building up for a long time pa. what is our role and responsibility here? >> that they would need to remember is the person responsible for all of this. why do we have millions of people leaving? he sent hundreds of arab bomb in everyday bombs his own people. refugees have gone to places like turkey and jordan. we need to place pressure on the gulf states.

what are they doing to help these people? germany and france are stepping up to the plate. we've taken 1500 refugees so we have to pay more than this picture is that we should take it serious. charles: i would blame assad, but a lot of pressure under libya appeared we got rid of gadhafi. i know he was in a good guy but it feels like the dictators start shaking things up. same thing with assad. i know no one likes him, but since we have enabled the rebels to gain ground, of course he will use any measure he can use. and now isis is in the picture. a lot of people saying the rapid withdrawal out of iraq out of iraq sort of emboldened aces because it is chasing a lot of folks out to. it gets back to what should we do. we have to help 1500 out of 800, 900,000, a small drop in the bucket. do you think that's a smart thing to do?

>> it has to be a cohesive policy and strategy clearly. you have to look who we are bringing in. european politicians get that -- absent. i worked in baghdad in 2007 and i worked on iraq for many years in the u.s. government and i can tell you i thought time after time human fighters smuggled in through syria to iraq to kill forces. it will take a comprehensive serious policy where we look for intelligence and say who are these people coming over. who can we take? >> usually when you are a refugee, you become a refugee in the country you step foot in it refugees want to end up in germany or scandinavia. we have taken 5000 syrians. they want to update tonight else in. should we should the european union be the one handling the where the refugees first step foot in.

ashley: going back to greece and turkey. liz: we've taken in 300,000 refugees. charles: not from this middle east. >> it is the response ability of the people in the region. saudi, uae, egypt and the other goal states have been funding various groups. charles: saudi arabia, kuwait, qatar. they are billionaires. no one in those countries even works. everyone who works there from foreign countries they put in zero. this guy spent out more money renting out the fourth season than they have on these. should reconsider sneaking in just christian refugees? >> a refugee from a war-torn country is a refugee. charles: some have drawn the line on taking and only

christians. >> i think that is inhumane. charles: thank you unappreciated. in an interview last night on abc news, take a listen. >> as i look back at it now, even though it is allowed, i should've used to accounts. one for personal, one for work related e-mails. that was a mistake. i'm sorry about that. i take responsibility and trying to be as transparent as they possibly can. i'm sorry it has raised all of these questions. i do take responsibility for having made what is clearly not the best decision. charles: did not feel it the best apology. >> this feels overly narrow than argumentative. polls are dropping and she's apologized because she got caught. so why now? charles: time now for the sector report. oil has made a huge move up. take a look at oil stocks. by the way, up next one of our

favorite guests coming. larry the cable guy actually has some tips on how to make some football party food really good. you never know what to expect from larry the cable guy. >> when you say to just sell smarter than the other guys on the show. the dow jones industrial up another 100%. we've got to get them up.

>> from the floor at the new york stock exchange, shots out of the gate on some reassuring comments from asian officials. however, the rally is fading fast. the dow up 16 points in the not back up three and change. interesting because some jobs data released corresponding to the time stocks turned around to show that july job openings from a record in the labor department. the problem as wage growth is in keeping up support this job opening. gold took the bait hider. a five-week high after an option ahead of an option today. apple is down ahead of his big product revealed. we are expecting a bigger screen. a bigger ipod, newer iphone and fifth-generation apple tv. much more "varney & company" coming up right after this.

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charles: look at this, guys. drip, drip, drip. almost 200-point. however, the other side, take a look at netflix absolutely surging upward of 5%.

the stock of course with a lot of pressure. and then this amazing story. chief executive of united airlines resigning yesterday amid an external investigation. actually, get the details. ashley: this is a great story that will also make you mad with the fees they pay on airlines. statistically united airlines wanted a better deal. they want a cheaper rent and an acer terminal. based on the head of the port authority, david samson added a flight that went from new york to columbia, south carolina whereby his second home happen to be and where some of his wife's relatives lived. in other words creating a flight, a route come a money losing out just to do a favor for mr. sampson for what they wanted at the newark airport. what is interesting is mr. sampson was involved in the bridge gate as head of the port authority with chris christie.

so it gets dirtier and dirtier. charles: of course, $4.9 million as a satirist, but this thing has to go further. >> it is astonishing this guy got his own point where port authority officials gave just a childish route. is it possible this happened. ashley: when smisek resigns, two days later was finished. charles: there is a chance i would assume and bring chris christie back into it. >> it goes in that direction. i don't know. will there be charges, don't know. liz: we all fly planes, travel

bridges, tunnels and roads. it is the port authorities in various cities that is becoming a cesspool of corruption. local politicians have used for their own favors. charles: the port authority of new york and new jersey. all right, guys. football season is ready to kick off. larry the cable guy is with us making an unhealthy foods we love to read while we watch the game. of course promoting pride with that. welcome to the show. >> hey, thanks. always to be on with you. i met new york city and today doing the. normally i don't get to new york unless it's fashion week. [laughter] charles: you are ahead of the curve. let's talk about this. >> here is what i like to do a fashion week. i feel bad for the models so i like to go out there with bread and when they come on the runway i give them some bread.

charles: the stuff you got on the table, they would eat that. carrots than cherry tomatoes. have you got highfalutin on us? >> charles, if you think i am eating my tray -- [laughter] i don't even know who's to that tray on there. worst tailgating party in history. charles: let's talk about tips on how to make the best tailgate party indoors. >> yes, i am. this is a good example of the home game. this is kind of like a pathetic guy at home all by himself on the love seat with a bunch of food i won't eat and then some other food. but not shows are awesome. a home date is basically if you have a tv and a couch and a bunch of friends and food, that is basically a home date. one of my favorite things to

eat, i've got to think the beanie casserole, beanie, barbecue sauce and spices with cornbread poured over the top. if you don't like that, you're a communist, charles because that is good food right there. charles: i have had food right taken one bite and i can feel the acid coming up here listening to describe that, you need a prilosec after that one. >> you definitely do. i tell you what. i ate so much casserole two months ago chris christie started following me on twitter. last night charles: you are in pakistan. is that your team? >> you know, my wife is from green bay and so i definitely in a packers fan. what is really cool in 1998, brett farrar on espn is getting

interviewed and he was one of the first people on television to ever worry larry the cable guy getter done t-shirt. i became a huge packer fan. charles: let's talk about the nfl prilosec. you will donate 1 million bills to the food banks. tell us about that. >> is a really cool thing. prilosec otc has teamed up with taste of the nfl. we are giving away 1 million free meals. if you go on, you can register on the whole deal. you can win two tickets to the super bowl and while you're at it, get to the local food bank. prilosec otc taste of the super bowl. this season everybody is a winner. charles: get it done and go

packers. >> go packers spirit charles, thank you for having me on. charles: see you later. cheap oil to know is great. we love cheap gas, but not good for oil producers. jeff flock is talking to the midwest oil producers on how it is impact them and the overall economy. at the top of the hour, congress and ron paul. he will tell us what he would do to solve europe's crisis. ...that sound good? not being on this phone call sounds good. it's not muted. was that you jason? it was geoffrey! it was jason. it could've been brenda.

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charles: taking a look at oil down 74 cents now 2% but the most volatile time for oil. the last time at this much instability in 1991. jeff flock is in illinois oilfield. how much is that cheap price of gas actually hurting oil? >> we think a lot about exxon and the big producers, but most wells in this country look like this one, up close and personal with a well here in fayette county, illinois. they've been in the oil business

in one form or another, their families and 30s. what am i looking at right here? >> that is a well had down there and tubing. >> you get about a parallels oil a day. it is still cost effective at $40, $50 a barrel. the problem is when the price goes way down, it doesn't make sense to pump because you got electric power. >> this can still turn a profit because it doesn't make a whole lot of grime, salt water. but prices where they are now, there's a lot of operators out there that are just not making a profit. reporter: low oil prices you think always good for folks to drive cars. you can turn it out at some point.

it's not fun. ashley: the other side of the story. jeff flock in illinois, thank you so much. liz: what a great story. a full two hours of "varney & company" now on the books. here are the highlights. more just two minutes away. >> what we care about or she lives about it all the time. she lied about having turned over her work-related e-mails. that is not true because e-mails that went to said bloom and all, once an aide to someone not in the mix with state department business was receiving things from earth that have to do with work. >> is just good tax policy is. everybody should pay something. we have a tax system and republicans and democrats alike are responsible for this about 40% of americans who pay no income tax at all. i want an economy where everybody pays so much money they pay more taxes because their income is rising. >> two to one, america hates the

deal and they don't trust iran in their right. congress doesn't want this deal. everyone hates this deal. we need to put political muscle behind it and make them pay.

..

>> highs of the session struggling right now not to go into negative territory. it was there just a moment ago. i'll say it again you never know where this market is going to ends up. that's why you have to sit tight where you are and watch us we're in for another wild ride. hillary clinton say she's soirg for using server for personal business. judge will rocket to that later this hour. also a blockbuster report on nfl and new england patriots was there a cheating coverup? big apple event is almost here but netflix steeling their thund or a little bit so far. here we come. an hour three of varney & company.

>> checking big boards you know struggling here a little bit but we're up 22, obviously, market volatile trying toe find some footing after three weeks of gyration. oil was wild last week but subdued 55 cents but stock story at about netflix spanning southeast asia and i don't and they have the demand there all over the world, and there is room for growth elsewhere we're talking about places like pan, south korea so right now netflix is where it's at. doing extraordinarily well. joining us jo ling kent we're waiting for this apple eastbound traffic but as we've been waiting for it netflix started to soar selling that thunder saying they have the con tengt that apple wants to get. >> yeah, apple has certainly

come up against headwinds in terms of striking deals for that a it will tv update they were expected to do for that. but looking at a netflix that they don't have is china. ceo reid hastings plans next year but a lot of competition there with their move into taiwan encouraging but a a physical tv the updates that we do expect today will be more in terms of the software operating side of things and potential for updating and for the first time stock has been down over past 30 days coming into this event. apple facing pretty big challenges out of china yet again in materials of slowing economy there and a a lot of focus right now on the holiday shopping season we'll see if tim cooke can deliver today. >> sign about 11 months old same around the world maybe there's

clambering if belts and whistles are there. what are you hearing so far? >> you know expectation for the new iphone 6s plus is a nicer camera especially for that front facing camera and 12 megapixel on backside apple l has been known prl its camera. users across china love a high per quality camera but tons of competition from samsung, those aren't cheaper phones that most chinese people still continue to use. even though we do see a conversion rate to apple doing very well. but you know, apple is counting on china to be the biggest market in next several years. >> even with china economic turmoil right now. do you think that the average person because i've seen where the smartphone market has plateaued but to your point they've been taking market sharing and fork over the kind of cash that buy an apple l phone to your point there's rivals that are cheaper.

cheaper also improving fast. looking at the average chinese earning potential and how much they're willing to spend for a fine you see because of the dheels they were able l to strike a couple of years ago with china mobile and telecom so they're not as expensive but of course iphone is ultimate sign of, you know, the greatest thing you can have around the world so the competition even though it is very fierce apple has made pretty significant roads in china. charles. >> helps offset the cost as sticker price that means people worried about that going away in america as well. we look forward to hearing from you when they unveil the news. right now we want to go back to the broader market manager brian perry here with me, and brian, you say that these markets are looking fairly healthy right now.

>> you know, if you take away the volatility and look at the long-term prospect of the market i think that they are -- some areas with evaluations are steched but i think there's great opportunities especially if you're kind of domestically focused like we are. >> what's going on then? what's the message of the markets in last three weeks with crazy volatile swings is this some odd price discovery mechanism was it just a high jinks of high frequency trading or ftion there something going on that needed by the way to happen for the market? >> if i look at the market and see there's traigding that's been happening in a momentum names that have come out, and you know a lot of those names are up strongly sometimes over 100% for the year to date. so you know, there's certain instances where those need to come down. but a lot of great companies who were performing really well and reasonable evaluation so if you can kind of fade the noise and fade the volatility a little bit

and really take a longer term perspective there's great opportunities still. >> you talked -- in other words if you buy a stock with business done in america people can sleep better at night. >> i think so. if you can take the currency trade out of it and not worry about the currency effects that they have on their income statements i think that a lot of the domestic companies especially kind of in the mid-cap space don't have that problem. >> all right brian thank you very much. appreciate it don't miss it guys making some money tonight on my show. i'm going to have a fresh stock idea something to buy tomorrow 6 p.m. the influx of refugees clambering to the united states. levels. bill o'reilly spoke to donald trump about this. listen to this. >> has to be done it is an unbelievable humanitarian problem. i hate the concept of it but on a humanitarian basis with what's happening it is living in hell

in syria there's no question about it. they're living in hell and something has to be done. >> former texas congressman and 2012% cial candidate rand paul joining me now. congressman how would you handle this situation? >> well, we should have doanl a lot less a long time ago. trump points out that it is a real mess and we have to do something about it. important thing is dealing with immigrants is a very important subject, but if you don't learn how this came about and fault and policy createdded this, it won't do any good or continue, and you know there are two sides to this. the conservative say yes we think it is terrible because we didn't kill enough iraqis soon enough. we didn't get rid of assad soon enough, and we didn't do a neat job in libya but need more people, troops, weapons, and this will all settle -- all solve the problem. my argument is they've already

done way too much. and if you looked a immigration and migrant problem priority the time we had in more recently goal of regime change in syria how many were leaving syria before that? now one-half of the 23 million people in syria about have been kicked out of their homes 400 million my graduates leaving and whose policy was it? assad has to go. you know, obama bundled it, but no it is interventionism of republican and democrats and neoconservatives rule the roost to remake the middle east and we did since 2011 we have made a middle east but i see no positives. that we have created isis, and al qaeda, we support him. it's an utter mess no wonder there are migrations. >> people would argue that it is been a mess since death of muhammad a lot longer than 9/11

that you've had whether it was the empire whoever it was. you have this sort of tour moll you've got sewn knee versus sia saying to ditch the role as policeman and whatever happened over there is what happen whatted over there. there's been periods of time in the history of that area are christians and jews, and muslims live peacefully together. it is when outsiders come in, when there's a crew crusade from europe and americans take over. the motivation of all a of the rebel l groups going in syria are unified for one thing even though they're fighting for control get rid of america because we're in there -- causing all of this trouble. you know, assad was, osama bin laden was bad but saddam didn't have al qaeda.

how could anybody defend that policy when you look at the results of syria and result of iraq. you know, one time we were supporting hadeem taliban we were in in the sense with bin laden. so it makes to sense to be align with the american people to have a foreign policy of peace and prosperity and minding our business. >> i know, i guess it is particularly when, you know, more and more terrorism starts to come overrule here. but i want to shift gears liberty and i want to ask is about what's going on in kentucky with the clerk, kim davis released federal jail. despite her refusal to finish gay marriage licenses, now governor huckabee he's been a very strong vocal supporter of hers. what's your take on this whole thing? >> it is a completely -- a complete problem created by government because the simple solution is libertarian solution. why don't we have so much licensing? why do we license everybody from hair directors, hairdressers, to plumbers, everybody else to

protect the people? i don't think you should license marriage and anybody can call marriage whatever they want. call it, you know, an agreement or something, to get out of this. the big reason that some of this stuff comes up is what is marriage is all about is financial as well as well as religious beliefs. but in a libertarian society you don't have this problem. i have my definition of marriage, you know i follow it. but i recognize other people this is what is so wonderful about libertarianism. it is tolerant. it doesn't preach it. the religious people don't preach to the nounal nonreligious and don't dictate us to and put their lifestyle on us. so people who want to find a solution look to licktarian -- libertarian philosophy. thank you. mples almost on cue as clinton campaign was saying that they

wanted to sort of demonize hillary and more authentic here cool the tears. watch this. >> my mother had a terrible childhood. boomgded by her parents she was rejected by her grandparents she was literally working as a maid at the age of 14. she said you have to fight for whatever you believe in. i wish you were here with with me. >> cheryl is with us you buying this now more humanized hillary clinton? >> it is calculated i think anything that she does is going to be calculated this is about a very high profile interview with david on abc, and did she krien camera on cue could not say. she was close to her mother they were very middle-class and talked about that a lot in the past. but tears it is calculated for her. >> leave it there. up next we have more on hillary clinton saying well, she's sorry

for using a server. her private e-mail server for official business ask andrew napolitano on that right after the break.

>> all right guys we've been all over the place pup 200, down for a split moment now rally trying to cam back here up 42 points keep on that for the moment, though. another big within last night for serena williams at the u.s. open. it happens amazing this team she beat her older sister serena, venice rather great sets. cheryl it was a big deal right, of course, serena is two matches away from winning calendar grand slam. four if she can pull this off a believe me at this point she looks unstoppable on the court last night she, you know -- venice played well. because venice knows her weaknesses on the court. the fact she can dominate with a

nice year and great for tennis this is great for the sport to see these are two girls, remember when they came back on to parking lot scene when they were teenagers grew up in california. came from kind of a -- middle-class but not that great of a background. >> early on interesting how that's all flipped around aroun. >> venice was stronger player but serena emerged they have pulmonary disease, they both had near death experiences. serena had it and almost died embolism and venice has an auto-immune disease still to this day. so this story i think -- >> beautiful. feel the look i don't know if venice is going to get this far into a major tournament again she had a good run this tournament. >> we said that about last year. you can never count them out. i thought parents did the go by the way. they stayed home because they knew they were going to take camera shots of them.

>> proud of them it was great. hipght had her moment finally saying sorry for the e-mail scandal. roll tape. >> even though it was used i should have used two accounts one for prnl one for work re89ed e-mails that was a mistake. i'm sorry about that. i take responsibility. i'm sorry i do take responsibility for having made e what is clearly not best decision . >> all a rise andrew napolitano is with us. earlier she said she wasn't going to apologize. is this apology, though, in a mission of also guilt? >> well it's admission of what she has already admitted admittt she diverted from the government's control all of her

e-mail when is she said it is allowed she's wrong. it is a violation of the law. when she said it was a mistake, it was probably a criminal act. well i say probably because the fbi will have to decide whether or not it is provable l. whether or not it is prosecutable but to take a government e-mail away when you're a government employee is violation it felt law. to remove classified material, top secret, secret or confidential from a classified venue into your own is a criminal act. that's the act for which -- general petraeus pleaded guilty. >> she said asty -- as if i look back -- not allowed. wasn't allowed and she practicing her defense? >> yes she's trying to minimize this. but charles this is a political defense. i don't i can't get in her head. i don't know if she perceives legal jeopardy but we can see

her jeopardy we see the rise of joe biden he's not running legally we see the rise of bernie sanders off in left field but gathering huge support and last poll he's ahead of her in new hampshire. she is krnled concerned with tempering that. are her statements at abc going to be reflected in anything that fbi will do absolutely not -- white house can sway them one wail or the other. stall them. >> l could be dispositive. white house could say no matter your recommendation she's not indicted and white house is a serious problem on its hands. >> you weren't prepared for this maybe you can find out later maybe that we've had a lot of guests talking it be this iranian nuke deal that the next president could unravel it, we had a guest on who said because it is an executived or fir yes next president could just dismiss it because it wasn't an a act of congress. you know. >> it's a weird bird in this

deal. requiring vee toff that is unconstitutional. the president chose not to submit this as a treaty he runs the risk that his successor could undo when had it is not a treaty but equivalent of constitution and his successor is bound by it. >> that's good news. [laughter] >> judge napolitano. depends who the successor is. [laughter] >> good point. thanks a lot. you're welcome. >> donald trump speaking of a potential successor writing a letter to cnn president says donate all profits from next republican debate to the veterans. what he said after the break.

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but only one with in ten minutes actually spues e-supposed to have a teaspoon a day that's what they're saying so if you have above the limit of a healty amount of salt all restaurants. all chain restaurants in new york city have to put that emblem on their menu next to the dish that contains more salt that is -- healthy goodline this is -- >> all pflt calorie and you think that accident code is big. [laughter] read rules before your food. hey guys check this out. donald trump writing a fleeter to the head of cnn, blake berman is in d.c. what is demanding, blake? >> got the letter right here dated from yesterday but donald trump tweeted it out a little while ago jeff disuker is big boss over there at cnn president of cnn worldwide this is one and a half page letter in which donald trump is saying, with because the ratings for next

week's debate second debate are expected to be huge like they were for the fox debate 24 million trump is saying that the profits should be donated to charity. charities that benefit veterans he's heard that advertising rates have gone from 5,000 all way up to 200,000 and he want it is that extra chunk of change donate here's what he said to jeff in that letter. quote, while i refuse to brag, and as you know very well, this tremendous increase in viewer interest and advertising is due 100% to donald j. trump. that just part of a letter there charles no word yet from cnn, but as we point out ratings were huge on fox expected to be huge next week and he wants that going to charity. >> we'll see what happens if that does indeed go through. ultra liberal senator elizabeth

warren agrees with donald trump with with respect to taxes saying yes so-called rch must pay more. charlie gasparino is in on that, he's next. . .

charles: all right, check out the big board. trying to hang in there. who would believe this?

we're up 200 and just trying to stay in the plus column right now. donald trump getting support from very unlikely ally. democratic senator elizabeth warren saying donald trump is absolutely correct when it comes to taxes. charlie gasparino, people have taken the hedge fund thing and run with it. >> that hedge funds get favorable tax treatment because of carry interest. charles: should that apply -- >> we have to wait and see. donald will come out with a tax policy when you have the left celebrating afy who says he is conservative, his tax policy, you have real problems. first was paul krugman. came out in "new york times" op-ed despite trump horrible, disgusting nasty human being is right about economics. raising taxes on rich is great thing. you have is elizabeth warren, poster child of the ultralift of the progressive movement saying essentially the same thing on "the view." i think, listen, i want to see what donald has to say.

but i will tell you this. he sound more and more when you hear him talk about taxing, more and more like a liberal. one thing to -- let me make this point. one thing to get rid of the tax loophole hedge fund managers have but do it in context of bringing down rates. charles: overall reform package. people need to be careful what's rich. i always be careful. when you have pitchfork, tax them, tax them, the crowd is in front of your house one day. >> president obama used to consider millionaires and billionaires, families of four live in long island 250,000. charles: here is something to think and consider. what some progressives are saying that the conservative core really, when it comes to economics have always been progressive but it always been the social issues that made them vote against their own economic interests. >> right. charles: always been -- >> working class. be real clear here. you're talking about working class white people? charles: working class white

males in general. >> this is where my family is from. there is some truth to that. what they saw in the democratic party was flag-burnings and all this other stuff. that was the silent majority of richard nixon. i will say this i don't think they're for higher taxes. they care less about, capital-gains tax cuts than they do about protecting the border. there is no doubt about that. they see increased competition from, they see millions of immigrants, whether it is true or not, this is their feeling coming in here taking jobs americans have, pushing down the wage rate. that is their legitimate fear. trump is resonating with that i will make one other point, jeb bush out with tax plan. lots of talk about lowering rates. he was on cnbc touting it. one of the reasons why he was on cnbc touting it because he is losing ground and he needs to appeal to the donor base. charles: his donor base, which is special interests, big wall street fat cats. >> he knows he will have a hard

time raising money because donald trump has trumped him on issue of inequality. he really has with the republican base that i talk about. i can't imagine one working class guy reading that column in the journal today, listening to him on cnbc, saying wow, i want to vote for this dude. he is really in desperation mode my view is right now. he missed big issue. donald trump sucked it out of him. that is these social issues. i'm not saying trump will win in the end. i think in end -- charles: before you were saying he would flat-out lose. sounds like you're waffling. >> i am. he blew me away. i always liked the guy personally. he is brilliant businessman. he played this perfectly. at some point you have to create apparatus, infrastructure being in every state. tough spend money. donald doesn't like to spend money except on his hotels and stuff. golf courses. he is good at that i'm telling you that is where i think he will fall down. his poll -- charles: lost some donors

already, didn't he? >> yes. i'm telling you -- charles: had $100 million. >> in the pac money, now what? he is having money problems? >> he is having a hard time raising money. people doubting whether he will be republican nominee. there is no reason for him at this stage to go on cnbc -- unless he wants money. charles: from a certain class of people. >> from the fat cats. charles: from the fat cats, from the hedge fund twice. >> right. charles: if they don't go with jeb, they go back to democrat? >> who knows. a lot will puck another republican, maybe kasich or whoever. he is losing ground among the fat cats real fast. trump out trumped him on social issues. he sucked all energy out of hill. jeb bush is really smart guy, particularly on policy. every time i look at him i think of all the names trump calls him. low energy. just -- charles: sleep walking. >> looks like this guy should be -- charles: every time you look at bush, those resonate.

feels like he is right. >> you know what though, to your point, charlie, what he has done a good job of, everything he talks about, gets fired up, about the economy. that will be number one. lack of wage growth in this country, lack of job growth in the country. everything is about economy. >> at some point. charles: but you need a plan to. >> at some point the policy has to be out there which he hasn't articulated. >> none of them have really. >> jeb did. >> you're right. >> his biggest contribution is in branding, branding jeb bush as a wimp and having that, having that cross over and hurt jeb with his don'ts mo. that is the amazing accomplishment. charles: working so far. >> it is working. charles: by the way this afternoon on coast to coast with neil cavuto. they're addressing president obama's iranian nuke deal. coverage is 12 p.m. eastern

time. back to politics. what happened to governor scott walker? golly. former republican frontrunner seems to be floundering or in the bottom of the pack. stuart spoke to him last week. watch this. >> with cyber attacks against our government, putting millions of people personal information in at risk, looking what happened over the years, particularly with advances in international waters and creation of new islands in south china sea, is there ever time to push back isn't it now? what more do we have to do, saying no, a state visit is not appropriate. charles: elena johnson is with us. in your recent article you are asking whatever happened to walker as well? do you also have any sense of hope that he can resurrection -- resurrect what he once had? >> sure. walker can absolutely come back. he has the opportunity for second chance, what happened is, walker jumped in the race, the

questions were about his style. is he charismatic enough to succeed national stage. no one is saying that. he has created questions about substance. can he put together a vision for the country and given how many times he switched positions and all gaffs he made. that is very troubling to a lot of republicans who don't want to see their candidate falter once he is nominated. charles: there is also article in today's "washington post," raises same question. talk about him over the weekend. getting back to his roots. putting on motorcycle jacket, riding around trying to be one of the regular guys if you will. that was working for him. ii don't see how that faded so quickly. come oner made good, guy without college degree and keep a government together to fend off several recall elections. that magic, it's faded. >> you know one of the things i think what happened walker shot to the top of the polls in iowa in january. then made a strategic decision, really to try to win iowa.

he said it. his campaign said it. and that you would think would be a good fit for him. he a governor of neighboring state, wisconsin. it wasn't really. walker was someone who had addressed very narrowly economic issues and iowa is state that is played to social conserve activities which required walker to switch his position on things from immigration to renewable fuel standard to gay marriage. that created an authenticity problem for him which can really be deadly in an environment like we're in right now. charles: all of the establishment guys have fallen dramatically. is there any one of them right now you think has what it takes to sort of break through the trump, carson, fiorina triumph officer rat, if you will? >> it's a long race. it is six months before anybody cast as ballot. i think it is absolutely anybody's game. charles: thank you. appreciate it. great article. >> thanks, charles. charles: president obama gets veto proof support on iranian nuke deal. looks like there is no going back.

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>> i'm lori rothman on the floor of the new york stock exchange where our rally has rebirthed. dow is down 14 points. yesterday's rally on the dow combined with a few hundred points on the open gave investors a excuse to do a little profit-taking. there is new jobs data released by labor department, suggested that job openings in july were

at report level, that the fed is more likely to raise rates in september rather than december. couple stocks we're keeping eye on. netflix is launching movie and streaming service overseas. south korea, singapore, hong kong and taiwan. that snap as seven-session losing streak for netflix back to over 100 bucks a share. tesla getting upgrade care of oppenheimer, $340 a share. shares of 250 with a feign over 1%. much more "varney" and company after this break. drop 40 grand w set of wheels, then... wham! a minivan t-bones you. guess what: your insurance company will only give you 37-thousand to replace it. "depreciation" they claim. "how can my car depreciate before it's first oil change?" you ask. maybe the better question is, why do you have that insurance company? with liberty mutual new car replacement, we'll replace the full value of your car. see car insurance in a whole new light.

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charles: all right. guys, i warned you this could happen. the rally is gone. up 200. try down 10. we're gathering a little bit of steam to the downside. check out shares of netflix up 6%. they're expanding overseas in asia. the street likes that news. notch yet another win for the president because as congress deadline to act on iranian nuke deal approaches it appears president obama has the support to sustain a veto. my next guest is an outspoken opponent of the deal. welcome montana republican senator steve daines. senator, looks like the deal is all but down. at this late hour is there anything that can be done to stop isn't. >> one thing we do know there is bipartisan opposition to the bill. we have 54 republicans and there

are only 42 democrats that support this bill along with the president. i think it is important the american people see the united states senate have a street on the bill. one of the concerns our friends across the aisle may filibuster a bill, to not allow a vote on the senate floor for resolution. charles: notion to have to put your name in front of the world, maybe one, maybe two of these two are saying you're tentatively for might change their mind? >> well, the polls show that the american people are opposed. charles: right. >> to this iran deal. i think the president now with like to avoid having to veto this disapproval that the united states senate would move forward. remember, we have overwhelming support in the u.s. senate in opposition to this dial and i think at this point, the democrats would like to see thing swept under the rug that would go against everything we did several months ago in vote

of 98-1 in supporting bill that said we'll have a vote, up and down vote in front of the american people here on iran deal. charles: what is the procedure to see whether or not this happens or this will be filibustered, swept under the rug and we live to regret it down the road, but the people who actually made it happen are not necessarily shamed in the light of day right now? >> well, this could very well be one of the most important votes this congress takes. the american people deserve to see an up and down roll call vote on this deal. we'll wait and see today. the democrats will be huddling over lunch. and i hope they come out and say you know what? we disagree on this bill but we're going to have vote in front of the american people. have a full debate with full transparency and accountability in front of the american people. and let's have an up and down vote and put this on the president's desk and make the president veto if he chooses to do. charles: is it part of your, is there a part of you though also thinks if that indeed happens, if people have to stand up in

the front of the american people and put their name to this, maybe you get a couple last second deciders? is it written in stone that once someone says i will support this they have to particularly to your point when they have to face the american public? >> well, it is not over till it's over. today just looking at a tweet came out, supreme leader iran today, tweets, ali khamenei, tweets out said most likely israel won't exist in 25 years? again calls america the great satan. you can't make this up. this is not pass the sniff test of common sense for the american people. and i hope that we can get a few more senators on this side of the aisle to agree with us, saying this is a bad deal. we can have a better deal with tough irsanctions. but this is not a good deal. we shut vote against it. charles: the sniff test this thing stinks. the to your point majority of americans agree with you. hopefully those that push it

through are held accountable. >> one other point. charles: yeah. >> when president reagan and president carter negotiated "salt" treaties with the soviets they had 24 hour inspection notice. this president and secretary have 24-day. imagine a business person in america, small business owner, osha will come before but 24 days from now, get ready for the inspection? does not pass the sniff test. charles: we'll watch it very closely. chief executive of the united airlines resigns in the midst after federal investigation into corruption. all right, cheryl, this is amazing story. >> jeff smiles second, who ran continental, won a big fight with the united enentity between united and continental. the allegations are, we're looking for more details, he and two other high level executives with united were cutting deals with the port authority in new york and new jersey and

those underperforming flight were still going, all we know neighboring airport. we'll assume it is newark because it was good for the person that was running the port authority. all of this is collusion. it is illegal. >> david sampson. chairman's -- >> this is bad. smisek is out. and this could -- charles: tip of the iceberg. >> we'll get more details in the next few days. charles: event tech geeks get geeked up about. they will expect a new lineup announcement. new gadgets and iphones. all exciting stuff. we'll bring you there next. mind? a subconscious. a knack for predicting the future. reflexes faster than the speed of thought. can a business have a spirit? can a business have a soul? can a business be...alive?

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switch to liberty mutual and you could save up to $509. call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance. charles: espn releasing a damning report for the new england patriots and roger goodell, alleging patriots "spygate" scandal was far worse than anyone imagined and actively swept under the carpet by the commissioner and the leagues. nfl linebacker is with us. emanuel, is it safe to say this is -- felt like the nfl maybe had a whole lot of this stuff behind them and this comes back and really is very, very damning, the idea, commissioner and league all in the same bed together to protect the new england patriots who apparently were spying on all the teams?

>> yeah, i think the problem is the whole "deflategate" scandal made everybody start to investigate further. they started to do investigate the relationship between roger goodell, the commissioner and the owner of the new england patriots and kraft. now that they investigate ad little further, they saw maybe there was something a little fishy about that 2007 "spygate" situation. charles: something fishy in the sense it kind of went away. >> yeah. charles: no heads rolled at that particular time. ashley, you were telling me that teams that played new england and were actively checked their locker rooms for hidden cameras and microphones. >> they would. they would sweep their hotel rooms. >> one thing you learn in the nfl, when you leave never trash playbook in the hotel. never trash playbook outside handing to your own team officials within the locker room. not necessarily new england but -- charles: this is cloak and dagger stuff. checking for bugs. >> spying. >> obviously the nfl it is high performance. that is what gets rewarded.

any team, any player wants to do whatever they can to gain an advantage. for me personally i might watch audio of opponent playing week before. see if i get a jump on quarterback's cadence. charles: you never bugged anyone's hotel room? >> never that. you do anything you can to get advantage. charles: camera in your cast. >> i do not. wish they created such a thing. charles: what happened to your point, people think this is why goodell overreacted with tom brady. >> yeah. charles: because the other owners were still fuming about the "spygate" scandal and this was a chance to make good with the other owners? >> i recently read goodell made the decision with the spy gait scandal seven days. domestic violence issues such as ray rice and "deflategate" situation, these are taking months and months. decision made that quickly, clearly he maybe used maljudgment back then. you owe us a makeup call. you need to right the wrong. charles: how is the injury? how are you feeling. >> coming along great.

i broke my thumb three weeks ago. i have three pins in it. one pin taken out yesterday. should be good to go in couple weeks. charles: looking to catch on. you wouldn't go back to the eagles? >> i technically can't go back to philadelphia until week nine. hopefully i catch on with contender. charles: we'll see you play ball. >> 100%. charles: 100%. take care. more "varney" and company after this.

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>> but i think the most important thing is that, yes, dealing with the immigrants and -- is a very important subject. but if you don't learn how this came about and what was at fault and whose policies created this, it won't do any good to continue. >> well, that was congressman ron paul and dealing with europe's migrant crisis, one last look at the big board, we are flat, lost a lot of steam,

nevertheless you never know where this market is going to go. stuart varney, he'll be back tomorrow. in the meantime neil take it away. cavuto: we've been looking at the market situation as well. a lot of this could be pinned at the jobs openings report, 5 and three quarter million jobs that suddenly opened up and became available in the latest month. the immediate interpretation willing of that is that the economy is going to be busy looking for workers, looking to highe hire folks and that's just the kind of talk that may delay the rate hike, not exclusively rained on this rally pa ray. but the day is young and the movement is still at this stage very, very minor. but we're keeping an eye on it for you as asia attempts a come back and japan that turn around of 7.5%. and the focus, though, is on washington on this iran deal that looks like a done deal but don't tell that to