there's no way to stop him. let's see where cruz falls and a bush, this may be the end for bush tomorrow. it's going to be a big deal tomorrow. maria: we'll see about that and kasich, ken langone was supporting earlier in the show. great to see you. thanks so much, have a great weekend and "varney & company" begins now, stuart, over to you. stuart: thank you, maria. if you want election fireworks, we've got them for you. trump and the pope. hillary on telling the truth. the market could care less about politics, at least not now. good morning, it's friday, right before the republican primary in south carolina. donald trump clashes with pope francis. who is next? is there anyone else for him to go after? so far, trump is unscathed. right before the nevada caucus. hillary clinton is asked, have you always told the truth? i've always tried to, always, she replied. silicon valley united, big tech

now lined up in support of apple. do not unlock the terrorist iphone, they say. their argument is, our customers trust us to keep their stuff private. don't tell us to break that trust. economic indicator of the day. big name retailer, sales not good and that's not a good indication for the economy. it's a big day to wrap up the week. "varney & company" is about to beg begin. ♪ >> have you always told the truth? >> i've always tried to, always, always. >> some people are going to call that wiggle room that you just gave yourself, always, always tried to, i mean, jimmy carter said i will never lie to you. >> you're asking me to say have i ever? i don't believe i ever have. i don't believe i ever have, i don't believe i ever will. stuart: some folks thought that was a little uncomfortable,

less than a ringing i swear to tell the truth, the whole truth and nothing, but the truth. governor mike huckabee is here. hillary clinton, i think you could say she has a trust and honesty problem. did her responses there improve her position? >> no, i mean, good heavens. listening to that is cringe worthy especially when you've known what she's said over the years. i've known the clintons over the year and her being able to take $1,000 and turn it into 100,000 on cattle futures and pretending because she's smarter than anybody with hillary. we know that if anybody gets it on cattle, hillary knows her cows. and we've got benghazi. stuart: governor, she must have known this question was coming. that was her best answer. >> but she's so used to getting softballs, stuart. she's not used to having that

kind of blunt question. she should have seen it coming, then again, how could she look at the faces of the people whose relatives were killed in benghazi and tell them it's all about a video when in fact she'd already told her daughter and she had told people in foreign governments that it was not a video, that it was terrorism. that was an outright lie. so, i mean, how does she pretend, well, she's always tried to tell the truth. i guess in her words we might just be able to say, what difference at this point does it make? it still makes a difference. we want a president that we can trust. stuart: that's the famous sound bite, governor. stay there, please, i want your opinion on other issues. stay there, please. it's polling season, big time. at that fox news national polls and donald trump dominates the republican field. 36, ted cruz 19, rubio 15. and now, the other side of the

coin, look at bernie sanders. he now tops hillary clinton in the race for the democrat nomination. that's 47-44. we've not seen that before. joining us for the hour is the ceo of the company known as carl's, jr. and hardees. you're a business guy. what's your reaction when you see a socialist overtaking hillary clinton to lead among democrats for the nomination? >> i see it as an admitted socialist overtaking a nonadmitted socialist. stuart: that's sarcasm from the get-go. >> i met bernie sanders and testified in front of a committee where he was one of the senators who asked questions and he asked very good questions. he was one of the only ones on that side of the aisle that actually asked good questions, a very charming guy. stuart: what did he ask you? >> this was on the 40 hours and obamacare. he said would you rather be doing your own business today as opposed to testifying in the senate? i said absolutely i would.

he said well, we should get you back to your business. i said that would be great. he said, well, if we had universal health care then you wouldn't have to be here testifying about the faults with obamacare. i said i don't agree with you on the solution, but i agree with you on the result, i'd rather by running my business. that was the best question i got from that side of the aisle. stuart: the fact that he's now beating hillary clinton in a fox news poll. that shows you something about america. that america has gone to the left, a lot to the left. are you with me? >> i don't know of any more conservative democrats, used to be the blue dog democrats, those seemed to be gone. the party has gone way to the left and bernie sanders admitting these are the policies i support and they're big government policies and hillary clinton trying to catch up with him. so it's a very disturbing situation and we have to see what happens in the general. stuart: yes, we will. stay there, please. getting into the market.

we've got some action this morning, we've had a strong rally recently since last friday. down a little and we're going to open about 100 points lower this morning. what is the problem? the problem is oil again, so it seems. we've blipped to 31 this week and went back to 30 and look now, we're off a buck 14, down 3 1/2%. there's a glut of oil, that's the big factor on the market, down goes oil, down goes stock. cheap oil does mean cheap gas, the national average is a buck 72 on regular, come up a little bit, but not much. it's still cheap. we told you at the top of the hour about the retailers being an economic indicator. look at nordstrom. that stock will open way down. what would that be, 5, 6%. yesterday, it was wal-mart, same story, taken together, it

suggests we're not buying much even when cheap gas. microsoft, google, twitter, facebook, all silicon valley, not all, but the big names stand united with apple against the fbi's request, unlock the san bernardino shooter's iphone. the point seems to be that if you do it once, you're going to do it again and i think we're hearing a lot more of that side of the argument from silicon valley. >> yeah, the argument really is, that if they create the ability to go into the iphone 5-c in san bernardino. that code will exist. according to tim cook it doesn't exist. if it does exist it would be a tool or government, hackers with malicious intent to unlock potentially millions of iphones and the business story here is, that privacy argument, that product that apple prides itself on and charges you a premium for could go out the window here.

stuart: they're defending their product. jo: very much. stuart: this is yours, only yours. jo: this is a multi-layered argument by apple, it's principle, it's product, and it's the future of the company and also they're going to invoke probably first amendment here as well. stuart: it's a huge lineup. silicon valley and lining up. jo: i'll be curious to see how the higher court judges react to this because the opinions are very, very diverse up there. stuart: it will take a long, long time. jo: it will take a while. stuart: i want to get to the trump-pope francis clash. the whole thing started on this program. let me show you. >> the pope is a very political person. i think he doesn't understand the problems our country has. i don't think he understands the danger of the open border that we have with mexico and i think mexico got him to do it because mexico wants to keep the border just the way it is because they're making a fortune and we're losing.

stuart: that was on february 11th. the pope was asked about what donald trump had said on this program and he was asked on his plane after a visit to the mexican border. it was a very leading question from the reporter, the pope said the person who only thinks about building walls and not building bridges is not christian. that's what the pope said. here is what trump said in response to that at a town hall last night. roll that tape. >> i don't like fighting with the pope. the pope said the statement and i think it was nicer statement than reported by you folks in the media after i read it it was a little bit softer. stuart: it sounds a little like donald trump is walking that back a little bit, governor huckabee. what say you? >> well, i think when the pope got back to the vatican, he immediately started tearing down that wall that exists around the vatican because after all that would be incredibly impolite to just

keep people coming in at will. i think it was incredibly offhanded and off-putting remark for the pope wonderful man no doubt. but for him to engage and get into the particulars are an american presidential primary and specifically point out a candidate i thought was completely unprecedented. i thought was he have, very telling, every last republican candidate support a border and it's probably not hurting trump. my gosh, only donald trump can end up getting in a fight with the pope, for heaven's sakes and his numbers goes up and that's the way it works. stuart: you think that donald trump can get into a fight with pope francis and win politically? you think his numbers go up after this? >> absolutely, absolutely. and it's because the pope was on, really, an illogical side of an argument when he was saying that if you have a

secure border that you're not a christian. well, my gosh, nehemiah built the wall and god ordered the wall around jerusalem to be built. jerusalem has been a walled city. how do you reconcile that. walls are a part of protecting and securing a people from invaders, and from people who would come in and hurt them. donald trump has in many ways captured a large segment of the american audience, democrats and republicans, by stating the obvious. if you don't have a secure border you're not a country, anybody can come in and especially when you see people losing their jobs, people are in a seething rage and they know what's happened. they see their taxes going to pay for people who came here illegally, you know, we're not a bad people. we're not an unwelcoming people. >> you know, governor-- >> stuart, we're not stupid. stuart: we're not and i suspect you missed the campaign trail. i know you are getting sleep,

but i think you miss that campaign. >> i want to say andy, kudos for him for a great company and i appreciate his clarity in dealing with business and it's a delight to always when i see him on fox business, he's really terrific on that. >> thank you, governor. stuart: and andy posner here this hour. >> good to see you as well. wish you were here. stuart: enough of this love fest, let's get on with things. i've got breaking news for you. we're expecting the release of more hillary clinton e-mails from the state department before the close of business today. that's an announcement. they will be coming. look at this, it's from hawaii, how many of you have ever taken that helicopter trip around the island? well, look at that. that was the ending, the helicopter crashed into the water there, a teenage passenger on board is now in critical condition. it's the biggest race of the year the daytona 500, comes up sunday.

we have two nascar legends for you on this program next. ♪

>> here is comes, sports fans. the daytona 500 is sunday and it's the biggest race of the year. with me is two lends. jeff gordon and darrell waltrip. you're former races and now both are analysts. darrell, first to you, don't you miss the race and want to get back into it? >> i've been doing this tv thing for 16 years and by the way, you should be down here with us. you could do an incredible gentlemen, start your engines, you would be perfect. stuart: let me try it. gentlemen, start your engines. >> you should hang out with us,

it's fun. it's a huge transition from the car to the booth. and jeff experienced it and i experienced it 16 years ago. my first race the daytona 500 in 2001 is when we lost dale earnhardt and that was a huge day for our sport and for me. i'd never done anything the magnitude of that and now jeff does the same thing and going to follow right along and he's doing a great job. stuart: jeff, i think this gentleman, chase, rookie driver, chase elliott. isn't he wearing your number, number 24? are you rooting for him? >> i am rooting for him. you know, being on the hendrick team for so many years throughout my whole cup career, knowing he's replacing me and i think he's a superstar. he's a great talent. a great person. he brings a lot to the sport and he's on the poll position for the daytona 500. stuart: now, i believe that this year, this is going to be broadcast like in virtual reality. does that mean i could watch

the race with one of those helmets on like a crash hat and i could see the cars whizzing around and around? i'm going to get sea sick, i can tell it. >> stuart, a crash hat. it's called a helmet. so you put your helmet on, you put your gloves on and pull them about your elbows and get you a steering wheel and you hang on for dear life. like watching the stock market go up and down. >> you're right. fox is bringing incredible technology to the daytona 500 that's going to give people a whole new perspective. stuart: okay, darrell, do you remember anything 27 years ago with your first daytona 500? >> do i remember anything? it's like it was yesterday. and giving one of those, do i remember? >> you see what i have to work with up in the booth? >> i'm almost out of time. listen up, guys, here is the question, if it's bernie versus trump, who you got, darrell? how you got, jeff?

[laughter] >> is there any other choice? >> i like kyle busch. >> i like dale earnhardt, jr. stuart: you're such a pair of diplomates, really are. thanks very much for being on the show. i know you're legends and we will be waving this sunday and that's great to have you with us, thank you, gentlemen, appreciate it. >> all right. thank you very much. >> enjoyed it. stuart: okay. we are waiting the arrival of justice scalia's casket at the rotunda, it's on its way. he will lie in repose in the rotunda and president obama will pay his respects in about an hour. we'll bring that to you at that time. meanwhile, we're awaiting of the arrival of justice scalia as casket in the rotunda. we'll be back. more after this.

donald trump: "people love me..." donald trump. look past the boasting and you'll see right through him. he supported partial-birth abortions. his phony trump university? accused of fraud. he tried to seize private property to line his own pockets. four bankruptcies... and small businesses screwed over. poll after poll shows him losing... to hillary clinton. if trump wins, conservatives lose. right to rise usa is responsible for the content of this message.

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will be taken between that line to its position in the rotunda as we've said it will lie in repose. this is a historic moment. justice scalia, a truly great and revered justice, passed away last saturday. there is now an enormous political battle over who will succeed him and who will choose his successor and who will investigate his successor and how long it will take. so you are watching history. those people are lined up to watch the casket arrive and pay their respects to a great justice. in about an hour president obama will go and visit and pay his respects to the casket. he will not attend the funeral which is tomorrow, but he will pay his respects today. this is a waiting moment in washington as two lines of people, dignataries, will be waiting for justice scalia's

casket to arrive. jo? >> justice scalia west texas was 79 years old. appointed by president reagan in 1986. the debate going forward is about the balance of the court, the historic nature of who will replace him and when. stuart: andy? >> he was a great justice. he certainly has been at the head of many of the best opinions to come out of the court since the reagan administration so he's-- he will be very, very sorely missed and i wish that i was in d.c. and could pay my respects. a great man. stuart: yes, i mean, if you liked justice scalia's interpretation of the constitution and his feelings for the constitution, he was clearly the great jurist of the last generation. >> he believed in the constitution. he didn't think that the constitution was a blank board that you could erase it and-- >> because of that he's viewed as a conservative, but he

didn't like politics coming into the court. >> looking at relationship with his fellow justices, he was known to be very well-liked, one of his best friends, justice baiter begiginsburg. and this is a moment of repose, i think i can call it that. it's a solemn moment as we await justice scalia, his casket arriving. it will be anything, but solemn, high emotion who will succeed justice scalia. and when will that successor be confirmed or confronted in the united states senate. this sets up a battle royal as we head into the election, an election issues.

>> you have candidates on both sides of the aisle saying their piece about this. president obama has made it very clear in a statement he will make an appointment in the coming weeks. he will make an appointment that he believes a person who could be very well qualified to sit on the court. once that moment is made, we will see how the senate reacts to this decision. we do know former justice sandra day o'connor saying that president obama should indeed name a replacement. she was also appointed as a quote, conservative justice. as we await justice scalia's casket here, there's a lot in the political world brewing. stuart: the president will most certainly nominate someone who would shift the balance of power on the court. before the death of justice scalia it was a 5-4 generally speaking conservative majority. that conservative majority is now gone with the passing of justice scalia. president obama will undoubtedly appoint someone who

will restore the balance to the liberals on the court, that's why this is so important. i would venture to say that the character of the incoming supreme court will be as important to america's direction as the election itself. am i going too far? >> not really, conservatives may not have been as focused on the makeup of the court prior to justice scalia's death. the president can nominate anybody he wants. the senate cannot approve because it's tuesday, there's nothing in the constitution that says they have to have particular reasons to approve or not approve a nominee so it's going to be a fight. i think it's already influencing the election and i don't think it's going to help donald trump. >> what you're looking at is the honor guard walking down the line there. that line is comprised of former law clerks at the supreme court. the hearse carry the honor

guard has arrived. let's listen for a moment.

[silence] [silence] [silence]

[silence] [inaudible conversatio silence] stuart: the casket is being carried between an honor guard prescribed of former law clerks at the supreme court. carried out the steps of the building which is the supreme court building. it will go into the great hall of the supreme court building between 10:30 this morning and

8:00 tonight, there will be up public viewing. president obama will attend that portion of the ceremony later on this morning. he will pay his respects. the president won't go to the funeral tomorrow, lying in repose the president will visit. when that casket gets to the top of the steps, lying in repose in the rotunda a private ceremony will begin. that is the schedule of the day, a private ceremony between now and 10:30, a public viewing until late:00 tonight in which the president will pay his respects. you raised an important point because the issue of justice antonin scalia's replacement affect all three branches of government. >> in this election we have all three branches of government at risk, the presidency, the supreme court, which way it will tilt, and the senate.

we have a close contest in the senate. this is a critical election and it will focus everybody on their particular bent of politics, everybody involved, a very i think they be very high voter turnout in this election. stuart: this is a historic moment. this is the passing of one of the great jurists of the last one or two generations. he is now going to lie in repose and the political battle that will follow this weekend's ceremonies is lying in repose tomorrow. that political battle will be historic in its proportions. >> he is serving -- supreme court clerks serving as all bears. he is heading up into the great hall of the supreme court. stuart: supreme court police officers, they are the

pallbearers. the family of antonin scalia at the top of the steps. we may see them briefly. children and grandchildren, he has nine grandchildren and 28 grandchildren, some of whom are creeley's there. the casket is now inside the supreme court building headed to the great hall. we will bring you developments as they occur. the development is the stock market, it is open and we have opened it to the downside, we are off 66 points as we speak, the price of oil dropped below $30 a barrel and the stock market is down. 69 points, a pretty good run until now, up 800 points, 700 points, we're down 69. jo lin kent is here.

scott shellady and all of them are here. you are the guy who forever is bearish. i use still bearish? i hate that word? you still think the market goes down? >> forever is a long time. where i am everybody has to look specifically at what was the catalyst for this rally we have had these three major days, we had a tremendous amount of short interest, the market will continue to go down and of course we get more fed support for the next act of desperation and the market rally. if you look at the anatomy of this rally it was all stocks that were heavily shorted. it is 80% of the stocks drove the index. stuart: technical thing inside

the market. stuart: in all the technicalities do we still go down some more? >> investors have got to look at the fact, it is the fundamentals supporting these rallies are not sustainable. stuart: if you are just joining us on the left of your screen, justice antonin scalia being placed in the great hall, it will lie in repose. from 10:30 this morning until late:00 tonight, it president obama will be there later this morning. meanwhile, we're taking a look at the price of oil, the price of stocks.

and $29.68. that is what is driving the stock market down a bit more. what do you say? oil is down, stocks down. >> it is holding, not as tight as it was but it is holding to be true. there are other things that are affecting stocks that i want to bring a. look at the ten year yield, and look at other two year yields around the world, the act of desperation, bank of japan doing negative rate, that is going to be supportive just because the interest rate hike anyway is good for companies in the u.s. so as long as you see other countries around the world throwing everything against the wall negative rates make a strong dollar, bad for the company and the economy and that keeps pressure on the stock market and a bad economy doesn't use a lot of oil. stuart: very well explained. i have an economic indicator, a

couple big name tables. nordstrom reported weak sales, lower profits, seems like people are not spending their money that they save on gas. is that a fair economic indicator, nordstrom and walmart? >> they are there. we have seen sales come down from where they were. will initially went down in july of 2014 sales went up along with the price is coming down. last september that slowed. i don't know if i have an answer for why but it seems to have slowed. stuart: you are the business guy here, you own a couple restaurant jeans. you know what you are talking about when it comes to gross sales. >> we have 3,000 restaurants in the united states so they are spread across 44 states. stuart: 10%. how about that? >> analysts looking at nordstrom and shifting consumer spending going from smaller ticket items

to larger ticket items, cars and homes. people are investing more in bigger ticket items. >> one of the other problems is competition from online retailers like amazon. you probably want to look at an online retailer as well. stuart: i think the market may have heard what scott shellady has to say about stocks and the market in oil. we are down 120 points please see the power we have? one word from you and people lose $10 billion. how about that? yahoo! exploring sale of the company. what is the latest on that? >> it had gone up but not quite as strong since we started trading. they announced this morning, strategic alternatives, they appointed a committee, independent directors working with goldman sachs to identify

and established a process for engagement with potential interested parties and separating the ali baba stakes operating business essential to maximizing value for shareholders, yahoo! under marissa meyer not doing great. 52 weeks down 43%, year-to-date 7%, week to date, 8.8%. it is having some trouble. "cavuto coast to coast" when you got it. sales down at john deere, sales down and look at that, stock is up 4%. higher profits, they make tools used to make microchips. look at them up 7.5%, nice gain. sales and profits down at boston beer, parent of sam adams johnny%.

how about that? apple, one analyst firms as i and sales up, that is a forecast. not affecting stock very much. what do you make of this? lower iphone sales? >> iphone sales grew according to apple dated year over year. the analysts said the growth rate will be falling, total iphones continue to fall. stuart: the growth rate will slow, different from sales. jo lin: they say in the last quarter of last year's sales actually fell in year over year but that does not match the apple data in the same period which says the growth rate fell but we are getting a little technical here but it is very important distinction because samsung is competing directly with apples here. that competition is extremely important as they look at

emerging markets, places to grow, saturation in the smart phone market here is thriving. stuart: stocks unchanged. got to look at walmart. million workers get a pay raise tomorrow. walmart boosting their wage to $10 an hour. i should tell you is down 150 stores closing, wal-mart down. >> walmart going through structural changes, 1.2 million people will be paid more but profits fell 8%, more stores are closing, you're thinking how to compete with amazon so walmart is down slightly but this move for paying the employees more price the stock. it has been coming, cost $1 billion this year. stuart: you said earlier sales were falling, down a little? >> they are not down in our

chain bed down in our sector. the restaurant sector in general. stuart: sales are down. >> according to the most recent data in fourth quarter sales are down. stuart: add it all up and but retailers and restaurant industry and various aspects of the economy you got to -- is it going into recession? what do you say? >> i don't think it will go into recession. there are a lot of negative feelings about the economy, so many people talking about the negative implications and i do not think there is strong jobs data. the unemployment rate is not representative so you could slip into recession this year or next year. stuart: i will show you a live look at the supreme court building, the great hall they are in, justice antonin scalia's body will lie in repose.

they just said a prayer over the casket and there is a private ceremony which will be beginning very shortly and at 10:30 this morning there will be the public viewing of the casket in which the public is allowed to go in. that lasts until 8:00 tonight and president obama is likely to visit later this morning in the final hour of the morning. that is happening right now in washington d.c.. father morris is with us, father jonathan morris, what we are seeing in washington d.c.. >> that is antonin scalia's son, the priest presiding. stuart: there is a private ceremony going on or about to start. his son is presiding. he had nine children, one is a priest. >> arlington, va..

stuart: he was a great man. >> he was a great man, intellectually not only very honest but very curious which allowed him to listen to other people's opinions. i river being with dinner and sitting next to him a year-and-a-half ago and he's grillled me on the talk had given on one specific point. he wanted to know why, that is the man he was. stuart: i know he was a force as a jurist, supreme court justice. was he a force within the catholic church? >> i think he was a force within the united states of america, the center of religious freedom. that has an impact on the catholic church and all the churches. stuart: i will bring you into the discussion of donald trump and pope francis. you may or may not wish to go there. >> i am willing. stuart: we are going to do that. let me take you through it. donald trump on this program

said the pope is a very political person. the pope then goes to the mexico/u.s. border and is pushed hard by a reporter on the plane later about donald trump says you are going to build a wall and get rid of the 11 million immigrants, split families, very big charge and the pope responded rather mildly by saying such a person who says that kind of thing is not a christian whereupon donald trump really comes out with a very in greet response saying that comment was disgraceful, he has walked that back a little bit this morning. i am going to the passage from the old testament, corinthians, this is from chronicles. therefore, he said to gouda, let us build these cities and make about them walls and towers, gates and bars, the land is it before us because we have sought the lord our god, we have sought

him and he has given us rest on every side. a distinct preference to walls which the holy father does not like or appreciate. >> i don't recommend cherry picking old testament verses to say there for this should be the policy in the united states of america in 2016. stuart: i had to put it out. it is out there. >> absolutely but i don't say this often but he may have made a mistake. one phrase, policy is unchristian, another thing to say i think what donald trump if he said these things, deporting 11 million people that that would be even christian or inhumane but another thing, this is what he said, i looked at it in italian and spanish and english, what he said is if he did say these things, i will

give him the benefit of the doubt but if he did say them that man is not a christian. if i said that i would be called to task on that because i cannot judge another person's soul and pope francis is first to say the most famous line he ever said who am i to judge, i think the vatican will make an apology to say the pope was not saying donald trump is not a christian because the illogical the with in catholic doctrine christianity you cannot say if you make a mistake or do something wrong that you are no longer a christian. of baptized person is a christian unless they renounce their face. stuart: it was a highly pejorative question. >> can catholics vote in good conscience for donald trump? he avoided that they 9 won't tell them who to vote for. but i think the pope made a mistake. stuart: the american presidential election, he jumped right into the middle.

>> he didn't jump into. was invited into it. one thing i love about pope francis is he is willing to talk about it. he is not reading scripts other people prepare for him. that is a wonderful thing. he spent an hour with a journalist with our president doesn't even do. that is a wonderful thing but here he made a mistake. in my humble opinion. stuart: he knew it was a highly political situation. he just met with mexican government leaders, he goes to the border, he knows this is all about politics. why doesn't he retreat? give spiritual answers. >> doesn't believe it is all about politics or elections which he believes it is about people. we talked about this before. the system is very inhumane. we allow people to cross the border by having a porcelain and letting them get jobs by coming down on the employers. that is an inhumane situation. stuart: it could be donald trump wins this one politically.

>> i don't care about the politics. i want pope francis to be standing up for the immigrants even if they cross illegally, yes that is wrong but the situation is totally hypocritical and our government, our nation is taking advantage of cheap labor. stuart: father jonathan morris surprising us all as usual. thanks for joining us. >> a funeral in the background, we don't feel that each other so much. stuart: have some respect, thank you. south carolina primary one day away, senator tim scott has three reasons he is endorsing marco rubio. you will hear.

stuart: one day away from the south carolina gop primary donald trump holds a commanding lead, 36 points followed by ted cruz 19, marco rubio with 15. come in senator tim scott, republican south carolina. welcome to the program. >> good to be with you. stuart: i know you are a marco rubio supporter. tell me why you are not supporting donald trump. >> i went through 12 presidential forams, one candidate and a time, had a chance to put pen to paper and figure out which candidate that

messed -- bested the three categories of things are important for the next president to be on top of his game, commander-in-chief, no one has better experience than marco rubio, who went to stand out to rebuild this economy, marco rubio understand the american dream, he has lived it, that is good news at number 3, who will attract a new generation of voters using conservative principles, no one better than marco rubio. he is head and shoulders above the rest of the field on issues i believe will make america experience the next great american century. stuart: what kind of shot as he got coming in second? i assume he won't be donald trump but what are the odds? >> we esteem momentum heading inert direction next several days. the good news with the governor endorsement, excellent news, trey gowdy has been on the campaign trail a couple times, marco and myself, i believe we will have a better than expected finish and the numbers will get

tighter among the top three candidates and i hope that truly defines the three person race for who will be the republican nominee. stuart: you heard it, republicans north carolina, the gop primary tomorrow. look what we have going this friday morning, we are down 72 points at the dow jones industrials, we are down because the price of oil is down. not as much as it was before but it is certainly lower. oil is down $1.29. oil is down. another look at the supreme court where justice antonin scalia's casket, his body will lie in repose. we expect the president arrives shortly and we will take you there. second hour of "varney and company," two minutes away.

stuart: this is happening now. justice antonin scalia lying in

repose in the great hall of the supreme court building in washington d.c.. is casket arrived earlier. it was carried up the steps of the supreme court building. his family, eight added justices and other officials were in attendance. it will lie in repose throughout this day, the public viewing last until 8:00 tonight. we will take you there. it is now 10:00 on the east coast, 7:00 in california. the market as in the down industrials giving back the gains of the past four days, we are down 100. why is it down? the price of oil dropped below $30 a barrel. that is dragging stocks down, we are down 111, 2166 as oil goes down, stocks go down. they are in lock step. nordstrom, high end department store disappointing christmas sales. how is that for an economic indicator?

donald trump/pope francis feud started on this program. in minutes we will bring you the president of the catholic league who called the holding unfortunately hillary clinton has trouble answering a question about whether she can tell the truth. we have a story that did not make the front page of major newspapers. a u.s. marine beaten in washington d.c.. it was racially charged. the yankees beat him as he cried out the support, do you believe black lives matter? here comes our two. ♪ stuart: right from the top donald trump's clash with pope francis, trump took a softer tone last night. watch this. >> i don't like fighting with the pope. the pope made the statement that was a little nicer statement that was reported by you folks in the media blitz after i read it it was a little bit softer.

stuart: the catholic group about the catholic league, bill donohue joins me in new york. welcome to the program. minutes ago father jonathan morris, a catholic priest, suggested pope francis had made a mistake when the pope said i sat only that this man is not a christian. father morris said shouldn't be making a judgment who is a christian man who is not. your point? >> eunice saying it is not a christian thing to do to the only concerned about building walls. this whole thing was a set up by this guy from reuters. he wanted the pope to say catholics can't vote for it from, no question about it. why did it take trump later to figure out? why didn't his own communications people tell him what happened? it is a red herring. the question that was pitched to the pope was something that is represented from's views and the pope to his credit settle if you are interested in borders and if this man said it and i give him

the benefit of the doubt, so i think that part is lost indeed delirious commentary about this exchange. stuart: do you think the pope should have been as political as he was? he entered the american presidential election. >> i beg to differ with you. he wouldn't have entered the american presidential election had he said i think you should or should not vote for donald trump. he was agnostic properly so. he was asked a question in a press conference with what could he say? i don't want to talk about it because it is political? stuart: he spoke against the leading presidential candidate. >> took sides against someone which isn't trump. trump is not just in favor of borders. is web site has several things, the question to the pope is he is in favor of separating families. on august 16th, 2015, trump told me the press, said donald trump you want to split up families and absolutely not, no, no, no,

we are not splitting up families. the pope was misled. trump finally figured that out about the question and reply in a pastoral way. i think the media particularly reuters misrepresented, i commend bret baier last night. he read the whole thing all the way through and lou dobbs was right on the money as well. stuart: the political outcome, i would suggest maybe donald trump picks up some extra support because of the position he has taken especially in south carolina. >> that is unfortunate because unfortunately -- we monitor this, there is residue of anti catholicism in south carolina, bob jones university is where trump recently went. i raised hell with george w. bush in 1999-2,000. about going in and talking to

anti catholic bigots. they have taken their stuff off the website but there is still a problem. i am going to be watching this carefully. south carolina media is going to go in, some people like reverend jeffries, a favorite at fox made many anti catholic statements and is wrapping the pope. i am not republican or democrat. i am free to say what i want. stuart: and you say it well. glad to have you on this program. you have got loud voice. >> my grandparents raised me, my grandmother was always conveniently death. she could hear wishy wanted to hear. stuart: i am a parishioner at st. thomas episcopal church on fifth avenue which has wonderful acoustics. i can just imagine your voice in that church would carry. >> in spanish harlem i save a lot of puerto rican kids from getting run over in the street. they heard my voice all down the block. stuart: bill donohue, thanks for

joining us. next hour, jerry falwell jr. joins us, he supports donald trump. he says donald trump is in fact a christian. he will join us and trump himself is with greta van susteren at 7:00 eastern on the fox news channel. let's get to that silicon valley, the fbi , apple refusing to help investigators crack this and for energy no shooters's iphone. facebook, twitter, microsoft and google are lining up with apple. liz macdonald is here. the senate is involved? liz: there was a push by senate intelligence to say we are going to possibly legislate this issue. there will not be criminal penalties according to a spokesperson for his office if tech companies don't comply with court orders to decrypt. stuart: deal with this.

liz: for the first time watch this. 1994 clinton -- you got to get law enforcement, let them in to do wiretaping if there is a court order including broadband and internet. it could be stretched to cover devices including iphone, smart phone and blacktops so that will be at sea change. they will be roped into that bill. civil penalties if you don't comply. stuart: they are lining up on silicon valley behind apple. they don't want an invasion of iphone class for their own phones or their own systems because they are telling their customers it is private. it is your stuff and we will keep it private. liz: warrant for the devices, that is a no-no in this world. possible dirty bombs. stuart: the age of nuclear terror.

here is a story that likely you have not read about in the establishment media. a decorated marine, former marine been by four african-american teens in washington d.c. they asked him do black lives matter? they beat him up. chris paul wright, author of con job, how democrats gave us crime, sanctuary cities, abortion, profiteering and racial division. long title for your book. why do i need to read the book? >> you need to read the book because it is roundly covered in the book. stuart: my point is this. that is a shocking story because the very next day after that happened black lives matter people were in the white house meeting with president obama across single out one of the black lives matter leaders for praise. what is going on here? >> why haven't we heard about

this young man being beaten by four black thugs? it should be all over the liberal news but it is not because the liberal media like democrats want to pander to the black wives movement and the lie is that black a young men are being gunned down by cops. guess what? according to the fbi data police officers in this country are 2.5 times more likely to be killed by a black person than blacks being killed by cops. i think it is outrageous that the president of the united states, the first black president of the united states would have people from the black lives matter movement at the white house, he said they are working hard to bring about justice and equality. they are working as hard as the black panthers did. stuart: i think that meeting was held, president obama, in the white house, with all civil rights leaders, not just black lives matter is people, who are

you going to support, hillary or bernie? that was the real question that was asked, wasn't it? >> he did meet with three generations of martin luther king jr.'s family. again, i think the pandering and talking down to black people like we can only vote for democrats which i talk about in con job is not only insulting, it really neglect the record that democrats have had with blacks for the last 50 years and this president which has done nothing to help raise relations for black wealth or black education. we are worse off than when president obama took office. stuart: why don't more black folks support republicans or growing the economy? >> two things are going on here. black americans, my people have become willfully ignorant, they don't do their homework, they buy into these lives, they see

at the next to the name and check the box. at the same time republicans are not going into the communities and asking for the black vote. look at the presidential field now, i respect senator tim scott, he has come out and got behind the candidates but i want to know how is marco rubio, donald trump, how are all our republican candidates going to go after the minority and women vote because if they don't peel off some of those votes they won't be in the white house. that is why mitt romney loss in 2012 and john mccain lost in 2008. the tail wagging the dog or the dogs wagging meant the tail. stuart: sounds like the title of another of your books. >> there are a lot of books. i could go on and on. stuart: thanks for joining us as always, thank you. barbara bush campaigning for jab in south carolina moments ago. jeb bush is in the fight of his political life. we are talking to one of his

deputies in just a moment. check the big board, we are still down 100 points, oil down, stocks are down, oil at 29 points down a little further, that is why this market is down. more varney in a moment. we ship everything you atcan imagine.n, and everything we ship has something in common. whether it's expedited overnight... ...or shipped around the globe, ...it's handled by od employees who know that delivering freight... ...means delivering promises. od. helping the world keep promises.

stuart: friday morning, pretty good week so far, we are down 100 points. look at gold's, holding just above $1,200. and at -- weight watchers. weight watchers can prevent diabetes. i would have thought any weight-loss would help prevent diabetes, weight watchers getting the credit up 6%. sales down at john deere, they make my tractors and other construction equipment, the dow

down 12%. new york state lawmaker trying to restrict what can be bought using food stamps. what is the story? liz: patti richie saying no more use of food stamps for luxury items like lobster or steak and also saying people on food stamps basically can be obese because of the junk food items that they buy and the food stamp usage has got to be curtailed when it comes to junk and food and fatty food. stuart: no more luxury stuff like lobster, lower end no more junk food. that put her in a difficult position. the fine what food is okay. liz: how do you do it? would cashiers have to make the decision at the checkout line? you can't use food stamps for our call and tobacco but it is true that food stamp usage, the dollar amount has tripled in 12

years. the number of people have doubled on it and does it lead to more people on medicare and medicaid being obese, because of food stamps? retailers have to stock healthier food. stuart: define what is good or bad, awfully difficult. let's get back to the election, national polls showed donald trump dominates the republican field, jeb bush way down at 9%, the republican primary voters. among south carolina voters jeb still way behind down there at 9%. we have been -- senior adviser michael steele, welcome to the program. he has thrown everything into this race. barbara bush is out there campaigning for him. the family is there campaigning for him but he is still down there at 9%. this is a pejorative question. is this his last stand? >> i don't think so.

a flurry of polls in recent days, if you look at the wall street journal poll we are tied for third with marco rubio so what governor bush is doing is what he has been doing for months, out there listening, learning, this is going to be an election in south carolina. stuart: he has a lot of money, a great family to support him. what is going on? >> he is making the case that he is the best choice to be commander in chief with south carolina is the most military from the state in the country. he is endorsed by 12 medal of honor recipients including two from south carolina, 40 retired admirals and generals, has the best record of achievement in this race. stuart: i asked you what went wrong. i think the guy is a great guy and would make a good president but is not catching on. is it his name? his campaign style? tough question to ask you because you are as senior adviser but i am doubtful you

will tell me what you think has gone wrong but something has gone wrong. what is it? >> i don't think we should ask the question in the past tense. we are still working to do as well as possible in south carolina, we have the best ground game on the ground in nevada. the governor spent a lot of time in states that make up the sec primary on march 1st in the fall so we are still in this, fighting for the republican nomination, we think you can't beat hillary clinton unless we have a conservative nominee with a real record of achievement and governor bush is most conservative candidate with the best achievement in the race. stuart: do you think donald trump's heart attacks hurt your guy? >> the problem with donald trump is he is not a conservative. he is hijacking the conservative party. stuart: that is not the question. do you believe donald trump's harsh questioning, harsh statements about jeb bush hurt jeb bush?

>> jeb bush is the only candidate willing to take on the candidate for months and months. to take on donald trump and beat him. >> no matter what the results in south carolina tamara jeb bush is still in. >> we put on a lot of time, built for the long haul, we are in it to win it and winning the nomination in cleveland. stuart: thank you for joining us. stuart: check the big board, we are not down 100 points, we're down 54 points. maybe the price of oil came back a bit, looking for that. price of oil went up a bit. >> you are seeing some. stuart: it is still down.

anyway the dow down 50 points, spring training is underway. we have some i opening numbers on who is watching baseball and what they are watching it on.

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>> the vatican spokesman, spokesperson on vatican radio says what the pope said was not a personal attack against donald trump or any candidate. it was not an indication of how to vote. this is the first time the vatican has come out in response. stuart: let's back up a little. there was a big fight yesterday when the pope said, quote, i say only that this man is not christian. he said that. he appeared to be passing judgment on donald trump's surge well and appeared to be getting inside the election. now he says is. liz: if you read what the pope said he is was essentially saying rhetorically any person who talks more about walls versus building bridges is not a christian.

donald trump took it to mean that is me. in other words there is an indication that the pope may have mid misinterpreted. stuart: the pope is clarifying, 20 minutes ago, jonathan morris said he thought the pope had made a mistake in used that word because he passed judgment on someone else's christianity. liz: he is a presbyterian, and for building a bridges for legal borders. stuart: donald trump walked the fight back a little last night. the issue continues to dog hillary clinton's campaign and that is honesty, and the answer to this question is it is not going to help her.

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stuart: sad news from the literary world. harper lee has passed away. made into the iconic movie starring gregory peck. for much of her life after publishing to kill a mockingbird, harper lee did not give any interviews, to my knowledge. last year, she published one other book and that was go sat a watchman. pretty much a bestseller. harper lee passed --

>> yes. she won the ports are -- pulled surprise for fiction. harper lee has passed away. not to kill a mockingbird is coming to broadway. stuart: harper lee has passed away at the age of 89. checked the big board, please. that is what is hurting the stock market, oil. now we are down 134. 2943 on oil. look at nordstrom. high-end department store coming out with disappointing sales over the holiday. >> deutsche bank and keybank said sales at nordstrom started slowing in august.

high-end retail. here is the thing, is it an economic indicator? are people shopping at tj maxx or walmart? gas prices low. is it that gas prices are being -- savings help costs with that. stuart: i agree with that. we saved a fortune on gas. >> that is right. here we are moving along. stuart: hillary clinton ask point link about policy. roll tape. >> have you always told the truth? >> i have always tried to. always. >> some people call that would've the world. jimmy carter said i will never lie to you. >> you are asking me to say have

i ever. i do not believe i ever have. i do not believe i ever will. stuart: hadley, you are a conservative. you are not a backer of hillary clinton. >> that is correct. will go room is right. it sounds like someone who is hedging against the possibility of getting caught. secretary clinton has spent decades in the public eye. she has been dogged i controversies such as benghazi. she sounds like she is hedging. it is also a difficult question for any politician to answer. only 30% of americans say that a believe she is honest and trustworthy. >> that is a fair point, hadley. if you ask almost anyone, including politicians, have you ever told a lie?

the moment they say gas or on location i have, they are dead. i do sympathize with hillary's position there. i swear to tell the truth, the whole truth and nothing but the truth. all of us have said something untrue at some point. >> voters also say they believe that donald trump. hillary clinton has to face bernie sanders on the democratic primary. 68% of voters only that he is honest and trustworthy. the contrast is something that hurdles for secretary clinton to get over. >> right. explain to me why hillary clinton is not walking away with the winner bo. >> that is an interesting question. a lot of younger women are choosing to support senator sanders.

young people like the idea of revolution. they are not tied to pull it up cobra reality is. it is also, when it comes to feminism, i believe older feminists have waited for the day where there is an opportunity to break that glass. younger feminists believe it is inevitable. stuart: it has shifted, has it? >> we hope that it has. >> when carly was exiting the race, she made some remarks about feminists. that is feminism culturally speaking. we associate old-school feminism with the expectation that they would be career women. the fear of household duties. today, they are saying, it is up to you. you have agency.

be a stay-at-home mom. all of those decisions can be validated. >> do you as a woman believe you should have preference in getting the job? >> absolutely not. sometimes undermining women. raising questions about their qualifications. you put someone in a position because of their sexual race. does she really qualified? >> running in nevada. aimed at the latino vote. take a look at this, ashley. >> you are being very brave. they want you to be happy. they want you to be successful. let me do the worrying. i will do all the worrying.

stuart: hadley, i would call that an effective ad. >> a personal side of hillary clinton. humanizing the issue. something that republicans ought to be paying attention to. we know that this will be a hot topic in the general election. republicans should be thinking about how they will respond. stuart: well said. thank you very much for joining us. we appreciate it. back now to the markets. he brings with him. facebook is great. talking about the lying politicians. facebook is actually project did.

the anti-twitter with 1.6 billion users. i spent personal money on facebook this morning. netflix. netflix is adding millions upon millions of new subscribers. they are transforming what is happening. 190 countries. this is also my long-term growth. for verizon. why would you buy and hold that? >> verizon is a value play. it only pays 44%.

it raises the dividend. you have to understand that they want to look for dividend paying stocks. they will do well with economic adverse conditions. we are in economic adverse conditions right now. stuart: chevron is your last pic. that is also a dividend play. how about now. i think you have one more dividend and chevron. unfortunately, that is what will happen to that stock. jeffrey small, thank you very much for joining us. we appreciate it. >> thank you, stuart. stuart: one more from hillary clinton coming up next.

we are talking to one of her nevada superdelegates. if bernie sanders wins nevada tomorrow, will our next guest still vote for hillary? is he? ♪ could use your help staying in touch with customers. at&t can help you stay connected. am i seeing double? no ma'am. our at&t 'buy one get one free' makes it easier for your staff to send appointment reminders to your customers... ...and share promotions on social media? you know it! now i'm seeing dollar signs. you should probably get your eyes checked. good one babe. optometry humor. right now get up to $650 in credits to help you switch to at&t. weyoung company around but if we want to keep the soda pop flowing we need fresh ideas! >>got it. we slow, we die. >>what about cashing out? no! i'm trying to build something here. >>how about using fedex ground for shipping? >>i don't need some kid telling me how to run a business! i've been doing this for 4 long months. >>fedex ground can help us save money and deliver fast to our customers.

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again this morning. the dow is down about 63 points. the s&p 500 down about six points. the nasdaq is actually positive. chevron is taking a beating. fifty-two weeks you can see that the stock is down 20%. boeing is down. a six-year contract. down about 1.9% did caterpillar down about 1.15%. yahoo! doing well today. up almost two and a half percent. they are exploring a sale. exploring strategic alternatives. for varney and company right after this. ♪ i'm a security monitor. i only notify people if there is a robbery. there's a robbery. why monitor a problem if you don't fix it?

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>> it is a modest loss on stocks. down 65 for the dow. awfully close to 28. a drop to 28 would be a very significant move. fox news poll has bernie sanders slightly ahead of hillary clinton. a socialist.

he leads hillary clinton 47-44. this is a national poll. now, we can leave. my next guest is in nevada. welcome. vice chair. welcome to the program. good to see you. >> thank you for having me on the show. you blow for vote for hillary clinton at the convention no matter what. if she loses the nevada caucus. >> a superdelegate means the only vote that really matters is that the convention. who the nominee will be that is best for their party. who will be the standardbearer. i believe that hillary -- i am supporting her. stuart: if bernie sanders wins

the nevada caucus, you still vote for hillary clinton? that is what you are saying. it looks like the whole thing is rigged. the caucus is a relevant. what the people think and what they say is irrelevant. you will still nominate hillary clinton. >> a characterization on how the process works. it is a little over 47 delegates. determining who will win the nomination. a candidate has to win more than half of those delegates to win. more than 700 delegates. it is absolutely possible for any candidate to win the nomination outright without a single vote. they will be awarded tomorrow through the nevada caucuses. he will win in the majority of

delegates in nevada. it is completely separate. a candidate can win without a single vote. people are saying, wait a minute. this is rigged. bernie sanders is saying precisely that. winning the new hampshire primary by 22 points. still came away with fewer delegates as hillary clinton. people say that it is rigged. >> senator sanders came away with more delegates. >> not many. not many more. not many more. >> right. the only superdelegate vote that counts is after the convention.

it will only count at the convention. senator sanders is decline the process. he has barely gotten into the game to figure out how to win a nomination. part of the problem that senator sanders has is the most corrupt as it relates to the delegates. the campaign is done. a superdelegate. changing their commitment. stuart: i have to tell you, from the outside, it is being said that this was rigged from the inside so that hillary could not lose. that is what is being said. you are a superdelegate. >> i'm sorry. i am not a time. i have to go, i am told he had you were playing by the rules. we understand that. thank you, sir.

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stuart: president obama met with black lives matter active is. at the white house. doing an outstanding work. roll that tape. >> in baltimore around these issues. to see generations continuing to work on behalf of justice and equality and economic opportunity is greatly encouraging to meet. it is being in the white house.

>> i'm not aware of what happened at the white house. you are looking for the type of progress that is the future for america. no further than south carolina. let's take a look at the nine families and their response. they started with forgiveness and love. it changed the conversation. we saw very clearly what forgiveness means. it means that love is stronger than hate. all lives matter. at the center for each act amity. mother emmanuel. they do not go on the republican side. we are making a lot of progress throughout the state.

we have the great trey gowdy on stage. a cuban descent. african descent. the reality is the republican party worked. not by looking for ways of creating demographics. >> republican. south carolina. we appreciate it. it started on this program. the planned visit for the us-mexico border. the role of the pope has politician humanitarian. yesterday, he visited the

border. trump would build a long wall. maybe you are a pawn in the mexican government. very provocative. that is when the pope said, this man is not a christian if he has said things like that. did not sing his graceful comments. last night, he went back a little. saying the pope's comments were little nicer then you folks in the media had reported here and it is still a fight. he may win this. the pope did insert himself into the election. he did get into politics.

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♪ justice skull skull -- that is a casket. that is justice scalia. the public viewing. 1030 eastern time until 8:00 o'clock tonight. president obama will attend. pay his respects a little later this hour. we will take you there when this happens. we indeed have breaking news. joe biden weighing in on a democrat race for president.

>> failure and mistake. bashing the economic recovery. essentially, they should have an upbeat message. he is essentially saying they are not spending enough time on the positives of the economic recovery. stuart: very interesting. lee carter is with us. we spent her time looking at the response of voters. joe biden said, look, bernie sanders and hillary clinton are making a mistake. not being more upbeat. >> i think that he is right. there have been so many rumors. is he now going to be coming into the race? >> he just made a statement.

i can remember a long, long time. that would suggest to me that he is getting interest. >> i think so. the timing is really interesting. people are waiting for him to come forward. i think that maybe it could be everything. >> an indictment should be handed over. >> that is right. she has major trust issues. >> speaking of trust issues. taking a look at scott pelias interview with hillary clinton. the subject was honesty, truthfulness, lying. watch this. >> have you always told the truth? >> always.

>> some people are going to call that wiggle room that you just gave yourself. >> jimmy carter said i will never lie to you. >> i do not believe that i ever have here at i do not believe i ever have, i do not believe i ever will. >> getting voter reaction. you do not have the dials on hillary's interview. >> it is an unfortunate moment for hillary again. six in 10 voters. that includes democrats. the exit polls in new hampshire, we sell 91%. she goes and she answers that i do not believe i have ever lied. it sounds, to me, week. >> we would all be in a trap faced with the same.

>> i would have been prepared for that. she should have been prepared. i lied this morning. he looks cute and he did not. i have never lied about anything this meaningful to the american people. she could have done any number of things but she handled this poorly. >> you have the dow's on him. what do you think the democrat response would be? >> i would think it sort of kim's the middle. this would not have been high. it would not have been off the charts below. the continued questions are only hurting her. because trust is so important in your support of a candidate, bernie has trustworthiness. it almost does not matter.

still, they are not excited about it because they just do not trust her. >> called on. i have something for you to watch. in attendee with a hug. i want to let you know. the support is unwavering. a man, he killed himself. a few months later, got a divorce. my dad lost his job. in a really dark place for a long time. i was really depressed. i found hope. in the lord and in my friends. now i have found it in my presidential candidate that i support. i really appreciate what you've been talking about.

[applause] stuart: all right. i will make that judgment. if you have the dials on that emotional hauled, they will soar with approval for john kasich. >> absolutely. i think that he is seen as an authentic man. what other candidate would step off the stage and give somebody a hug in that kind of a moment did who would have that kind of message. is it enough for him to move in the polls? i am not sure. he is known as a reasonable person. this is not something that we see every day. >> it was clearly genuine. >> he was completely moved. his return. the whole thing is really a

giant. it did not seem at all contrived. it seemed so true. it seemed so real. many thanks. we appreciate it. back to the markets. down 91 points. why is it down? we have new movement to the downside in oil. we are pretty close to breaking below $29 a barrel. 2910 is the price. a five and a half% drop. we have been saying this for months now. down goes stocks. down goes over. big name. you know it. weight watchers. a winner. finding weight watchers can help prevent diabetes. >> i am. over this. just give me a moment. >> that was emotional. >> it really was.

any successful diet will avoid a degree. >> here is the thing. i push away from the table and the table moves. here is what is going on with weight watchers. when oprah winfrey stepped in. that stock really popped. you are right about the points of any diet impacting diabetes. >> after oprah came in, the stock went straight up. did it come back down again? >> the oprah effect was so key for the stock to more than triple. here is the thing. people are looking at the fundamentals of weight watchers and the competition as well. thank you very much. let's get to the trump pope

clash. not attacking donald trump personally. affirming his long-standing belief that migrant migrants should be helped and welcomed. listen to what father jonathan morris said about this earlier on the program today. >> one thing i love about pope francis is he is not -- it has been an hour. something that our president does not even do. that is a wonderful thing. here, he made a mistake. >> here, he made a mistake. father jonathan morris. here he made a mistake. gerri paul junior. welcome to the program. good to see you. >> did to see you.

it is not such a harsh tone any longer. they both speak up. they say the same. he is genuine. he is not letting the consultants know what to say. i think it is a mistake, if i can call it that. such a person who talks of walls is not a christian. that was passing judgment on the faith of someone else. the degree of faith of someone else. i think that was a mistake.

>> i spent a lot of time with him. especially in the last six or eight weeks. i have had personal conversations with them. i do believe he is a man of faith. i see how he treats his employees. how he treats strangers. a warm relationship between he and his children. i think he is an honest and ethical businessman. he is not a man of faith. i believe that he is a christian. >> what do you make of this. donald trump has used foul language in public. he has been bolder. has ao cled orge. bush flaout lia th is t ve chrtian ngua. that is not a very christian approach. what do you make of that push a

mark. >> jesus said that things that are god. they were fighting in battle. i believe when you step into your wall as a citizen or as apolitical official or a soldier or a police man, all of a sudd you have to be tough. one of the reasons why so many evangelicals are supporting trump. we are at a point where our security is at stake here and we need a political leader that is tough. personal charities is what jesus taught. stuart: thank you very much for joining us, sir. popping up everywhere. tonight, trump will be with greta. that will be tonight.

7:00 p.m. eastern time. the fox news business channel. silicon valley is actually united now. against the fbi. joining out both. john stossel. a libertarian. he is on apple site as well. he is on with us next. ♪

stuart: the big names of silicon valley and the fbi continued their fight. unlocking the iphone of the terrorist in san bernardino. there is some kind of legislation. >> not criminal penalties that these companies do not cooperate. basically unlocking these eve ices.

1994. let law enforcement wiretap if they have a court order. now, it could rope in devices sold by silicon valley. we also have families coming out and saying, him up the phone. the phone is owned by the county health apartment. it is not -- that is what the law enforcement is saying. stuart: it is a united front. and a lot of the big names are now standing behind apple. microsoft, google, facebook, twitter. john stossel is with us. he is a libertarian. no, do not unlock the iphone. am i correct? >> yes. if they can am not just one, they can unlock everybody's.

they have already given them the data that was on the cloud. i can see why you want to find out who this guy called. the only way to get that information is to teach them how to get into every phone. do not unlock it. >> not if it means privacy is jeopardized. there are so many cops. so many law enforcement people. so many of them are up to not good wings. no one would trust your phone anymore. you would not send confidential information. no one will ever ask you again. the methodology will be repeated somewhere else. that is what we are being told.

if that is true, what we need is a fix so you can get into that one iphone and that is it. >> that would be pretty weird. they are making many phones. getting into that one iphone. code the keys so it cannot be used anyplace else ever. >> they have no economic knowledge. they have no technology knowledge either. do we go first or do we go for privacy? that is the argument. >> 14 people were killed every week on bicycles. >> we're talking about saving

lives. >> there is a total difference. >> clearly, there is intent. all of these lives are at stake. lives are always at stake. why can't apple just unlock the phone itself. >> next week, coming to apple or to the american court system. we have this guy. he has an iphone. we want to get into it. that is what will happen. [laughter] you have a show this weekend. government sales. individuals managed to succeed in spite of our legislation. the internet revolution, it is

no accident it happened in the two capitals farthest from washington, d.c. they did not notice it so they cannot stop it. >> i have the election betting app. >> really? >> it is better than the polls. stuart: who is going to win? trump is leading at the moment. hillary is favored to be president. trump first, rubio second. >> to be president, hillary first. trump's second. >> i have to see you again. we will watch this show. bernie sanders. offering free college. all kinds of free stuff. he says wall street can pay for it.

my take on that in just a moment. ♪ hey dad. hey sweetie, how was your first week? long. it'll get better. i'm at the edward jones office, like sue suggested. thanks for doing this, dad. so i thought it might be time to talk about a financial strategy. (laughing) you mean pay him back? knowing your future is about more than just you. so let's start talking about your long-term goals... multiplied by 13,000 financial advisors. it's a big deal. and it's how edward jones makes sense of investing.

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they make tools which make microsoft's -- microchips. revolutionary m r i machine changes the way radiation is administered to a cancer patients. bernie sanders said last night free college for all is expensive, and wall street can the millionaires, the bankers, it is all their fault and they can pay to fix it. his candidacy is based on a series of myths. first the crash was an all wall street's fault. regulators failed, the federal reserve made mistakes, politicians encouraged those lier loans. bernie lumps and altogether, calls it wall street and runs against it. dangerous stuff. en yr anysiss wrg yo soluon iwron beies wrg onoth.

and then there is the myth that wall street can pay for all, the billionaires' can pay for it, wrong again. no they can't. bernie would tax wall street friends, he would tax the wicked 1% some more, he would throw in a middle-class tax hike and there is still an $8 trillion shortfall. that is not my number, that is from leftist economists quoted in the new york times. bernie sanders, a socialist is now the democrats front runner. it is rage, anger, revenged. i have seen this before. in europe the left uses bernie's kind of language. it worked over there, europes what bernie is selling, the myth that wall street is to blame for all land wall street can pay for it all. look over it there and see how wrong he is.

stuart: i am beginning to sell like a broken record but that is the case. oil down, stocks down, stocks come back a bit, we are down 30 on the dow and we a down on the price of oil. back to the news that was

breaking at the top of the hour, vice president joe biden attacking hillary clinton and bernie sanders. a different sense of how we should be talking about the issues that face us. both candidates are downplaying the economic recovery of president obama. lesley marshall is the year. i will say on the left, not wildly on the left. is that accurate? >> it is accurate. some people would say i am on the left but i am not wildly on the left. stuart: it really sounds to me joe biden wants to run. he is looking at the candidates and saying you are not doing this right. seems like he is itching to get in. >> vice president joe biden is a no malarkey talker. there is some of i could support either one of them but this is how i would do it a. this is somebody in the past,

but his criticism of both these candidates equally with regard to the president's economic stimulus and how the economy is doing now is unfair when it comes to hillary, hillary has been criticized as of late for praising the president's accomplishments. with regard to the economy. stuart: i suspect joe biden is saying this now because we got this national poll that shows hillary losing to bernie sanders and the idea that a socialist should be the front runner for the democrats tweet months from an election scares the establishment like joe biden. that is why he is coming out now. >> it could be but this is one poll and we have a couple polls that still shows secretary clinton with a double digit lead. for full disclosure everyone knows i am pro hillary. frankly i would be very surprised. i like bernie sanders.

i told him personally on my radio show i was backing her because i did not think he could win a general election. honestly if we have a president trump or ted cruz it won't necessarily be republican voters i blame but my fellow democrats that didn't see who could win in a general election. stuart: you are with hillary, you are a hillary supporter. a brief sound bite from scott interviewing hillary clinton on the issue of honesty and trustworthiness. roll tape. >> have you always told the truth? >> i have always tried to always. >> some people are going to call that wiggle room that you just gave yourself. jimmy carter said i will never lie to you. >> you are asking me to say have i ever -- i don't believe i ever have, i don't believe i ever will. stuart: hillary has a trustworthiness problem. using she improved her standing

in that area with that response last night? >> i don't think she improved but i don't think people will say i will vote for her after that or i am backing away. with regard to trustworthiness they have already made up their minds regardless of that question or answer and i honestly think it is an unfair question to ask anybody running left or right because let's be honest, whether it is the pencil we took from school in first grade, we have all wide. stuart: how many of us are asked if you ever told a lie could possibly say no, certainly not. anybody that would be true of. thanks for joining us as usual, we appreciate it. you better look at oil. 2950 is the price. we are talking about the bus in the shale region all week. cheap oil is slamming of the fracking industry there and the state and local economy as well.

republican north dakota. you can't be happy about your state being subject to such a boom and bust cycles. it reminds me of parts of texas. >> no question it is tough but we have a state that understand commodity cycles. we understand it is the same with energy, which is why we worked to diversify our economy but no question when commodity prices are down, at that is the case. >> will we recover -- i.t. asking for a forecast on the price of oil, can you see it getting back to a profitable level with in this year, 40 bucks a barrel? >> on the energy committee, the department of energy, to get to $40 by the end of this year and approaching $50 by the end of

2017. stuart: you are hoping. >> on that, with that range it will be tough now but we will work through this pretty well if that is the case. stuart: i wonder if you would join the debate whether apple should unlocked at iphone that belongs to the san bernardino terrorists. that is the argument of the day, silicon valley lining of baja apple who sat know, we are not going to unlock it. >> we have got to come up with a solution that balances privacy and the ability of law enforcement pursuant to a court order so this is a technology issue we should turn to the technology experts to help us solve it and i believe they can. stuart: do you think at this moment apple is putting its own interests and the interests of its customers ahead of national interests? >> i understand the focus on privacy. we want to protect personal

privacy, that is important in our country but at the same time we have to fight terrorism and people have to feel safe. that is why this is something we need to look for a technology solution to create that balance between protecting privacy and again pursuant to a court order and proper procedure, the we work with law enforcement. >> i hate to push the issue but absent that technological fix where do you stand? force apple to unlock it or not? >> again, you are talking about an absolute and we need to find that balance. to say technology got us into this situation we need to have technology work with us on a solution that creates that balance and i believe that is there. stuart: thanks for joining us, always appreciate it.

stuart: we are down 43 points on a 16,000 in decatur, that is not a big draw. michael boar is with us. we ask our market watchers come up with stocks, that would do me okay for the rest of this year and you're first picked surprise me, that is a tobacco company. are you into the tobacco and tobacco stocks? >> not necessarily. it will be bad for your health, bad for your portfolio. it has been a spot in the storm weathering things quite well and look at the company, very stable business, earnings growing by 9% the year, dividend growing better than 8%, and stock buyback program. stuart: do you happen to know the dividend yield? >> 3.7%, compared to most

stocks. stuart: you also like kraft, explain. >> the recent merger between craft and hines. is fairly new as a combined entity, gives the stock a good opportunity to expand overseas, the dividend yield roughly 3.1%, growing twice what the industry has in 2016 and as they combine these together you looking at cost savings upwards of $1 billion a year over the next couple years. stuart: cost savings of $1 billion a year, we got it. pindar morgan is a pipeline company, energy co. warren buffett wants a piece of it. why do you want to jump in too? >> it is the largest energy infrastructure company and it is natural gas pipeline, 40% of all natural gas pumps through the pipeline.

stock is up 60% from its 52 week high and it is pummels to cut the dividend in order to not go out to the public and finance the upcoming projects. 2.8% is reasonably attractive but attracted the interest of warren buffett because this is a good stock, generating nearly $5 billion a year from cash flow. >> $5 billion a year, we heard that too. indiana man filed a class-action lawsuit against the t vmaker saying their tvs are, quote, switches. >> when you buy it, it is automatically set upon that when you talk in front of that tv is it will send it out to third

parties potentially advertisers, people don't know that. this indiana man has a strong case whether it is disclosing that information that you say in front of your tv on third parties. stuart: it was 1984 or was it brave new world? 1984 when the screen looks at you. after the break a revolutionary and are i machine changing the way radiation is administered to cancer patients. you have afib - an irregular heartbeat that may put you at five times greater risk of stroke - they can pool together in the heart, forming a clot that can break free, and travel upstream to the brain where it can block blood flow and cause a stroke. but if you have afib that's not caused by a heart valve problem, pradaxa can help stop clots from forming. pradaxa was even proven superior to warfarin at reducing the risk of stroke, in a clinical trial -

without the need for regular blood tests. and, in the rare event of an emergency, pradaxa is the only oral blood thinner other than warfarin with a specific reversal treatment to help your body clot normally again. pradaxa is not for people who have had a heart valve replacement. don't stop taking pradaxa without talking to your doctor. stopping increases your risk of stroke or blood clots. ask your doctor if you need to stop pradaxa before any planned medical or dental procedure. pradaxa can cause serious, and sometimes, fatal bleeding. don't take pradaxa if you have abnormal bleeding. and seek immediate medical care for unexpected signs of bleeding, like unusual bruising. pradaxa may increase your bleeding risk if you're 75 or older, have kidney problems, stomach ulcers, a bleeding condition, or take certain medicines. side effects with pradaxa can include indigestion, stomach pain, upset or burning. don't just go with the flow. go with pradaxa, the only blood thinner that lowers your risk of stroke better than warfarin and has a specific reversal treatment. talk to your doctor about pradaxa today.

adam: adam shapiro on the stock exchange, market's going positive, the dow industrial average is down 27 points, the nasdaq is that 1915 and traders will tell you 1915 was the support level. it is a decoupling. stocks are winning today, look at delta airlines, united airlines, they acknowledged they are part of the investigation by the department of justice by the way the air lines and american airlines carry the nation's mail, a similar investigation over international mail scanning, they scan international ledger's but that is being looked at also. nordstrom disappointing guidance after the earnings report, walmart is up to date, price target increase from morgan sacks, more varney after this.

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right. how stuart: we should video of your product, a conventional m r i machine, in that machine to dr. scans, looks inside the body and can see the tumor and parts it. that is how it works. >> you get to see before you treat an during treatment and if anything is changed, it is not a one day thing, usually a multi day or multi weeks, things

change. and the doctor can make real decisions. the patient is right there you make adjustments to take into effect that the tumor is shrinking, anything that could affect the outcome. stuart: how much is that machine? >> hospital would part with $5 million. stuart: how many are in stores in hospitals? >> currently we have been treating at washington state university st. louis, univ. of wisconsin madison and at national university enquiry at and we have 14 more of them ordered, rollout over the next time period. stuart: 14 more order and being delivered and installed this calendar year. >> not necessarily this calendar year. stuart: markets altogether down the road? >> $3.5 billion market, there are hundreds of these machines,

1,000 or so are sold every year at a very high end. stuart: view ray is the name of the company, meridian is the name of the product, it is publicly traded. >> since july of last year. stuart: you are the ceo. >> i have been for the last three years. the team is working on this and is ready for prime time. thank you for your time today. stuart: back to bernie sanders, millennials are a huge part of the sanders surge, we have a millennial on the program to explain themselves. ♪

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wrong? >> is easy to focus on what these young voters are hearing on campus, calls for free college and all kinds of things. it is important to focus on what they are not hearing on campus which is free market conservative alternative that we communicate to them in relevant ways. think about the college campus today, it has gotten increasingly liberal, free speech has become increasingly limited on campus. what we are not seeing is an active effort to reach out to the students in ways that are relevant to them. stuart: we should make it 25 before you are allowed to vote. what do you say? >> i have faith in this generation. think about the way they live their lives as consumers, learners, communicators. everything they do requires an open system that relies on free-market principles. they know about freedom because they live in every day of their lives. they don't think of it the same way previous generations of

conservatives do but they live in it out and everything they do abides by that principle. i have faith though we can take these voters and take away from bernie sanders but we have to go on to those campuses ourselves. stuart: i can understand the appeal of free college, student loan forgiveness, that is bernie sanders's message. i do understand that. if you are a student and they're going to forgive your debts, for decades to come, you are home free. i can understand the appeal. when will we get this turnaround? when we going to get young folks to see the light of capitalism? >> starting in the general election dealing with young liberals and the democratic primary, but young independence, more identifies independent than any other affiliation. and they become the most

important voting bloc, in 2012 they will do so again in 16. these are voters that have been skeptical of democratic ideas for a long time and calls for free tuition and free college will not prevent them from seeing an alternative. stuart: only time will tell. thanks for joining us, see you again soon. we will have more varney in just a moment. ..

pulling. . p . o . i . . . . ..

.. >> it was an incredibly offhand and off-putting remark, the pope, wonderful man no doubt but for him to engage and get into the particulars of an american presidential primary and specifically point out a candidate i thought was completely unprecedented. stuart: governor mike huckabee on the pope's comments about donald trump. this morning both sides are taking a somewhat softer tone.

not exactly moving towards each other but a softer tone is the order of the day. my time is up. i see neil cavuto waiting in the wings eager to take an extra 10 seconds of time. neil: the pope is taking a softer tone, trump is no longer going to hell. it is purgatory now. stuart: did catholics in been purgatory as that getting into a religious description. neil: we had to find a place to you. you are not an awful guy that you are not ready for the pearly gates. what is the middle ground. thank you very much. all eyes on the holy up for, and it is the right, they are trying to dial it back, good luck on that one, in this extreme ' who is on the real mission from god. the mission now is tomorrow at