be a phenomenal thing, taking on hillary clinton. maria: the contests to come are important, california and-- they slow down a lot. only two more dates, april 26th and june 7th where there are more than one state. maria: dagen and mark, great to see you. that will do it for us, "varney & company," stuart, over to you. stuart: good morning, maria and good morning everyone. here is what happened. trump won three states, including florida which he won by a big margin. marco rubio dropped out. hillary clinton won four states including florida. and bernie sanders faded badly. >> and john kasich won ohio. >> hillary clinton looks like she has the nomination sewn up. >> donald trump close. down for the democrats, way up for the republicans. it ain't over.

still gripping, isn't it? "varney & company" is about to begin. ♪ all right, we do deal in money on this program on occasion, we do. look at this, the dow is going to open flat or lower, doesn't look like much reaction if any to the election results. the big deal for investors today is janet yellen. will she raise rates today. will she suggest rate hikes? that's what the market is waiting for, at 2:00 eastern this afternoon. now, oil, it's up, i believe, yes, still up first time this week. big oil meeting next week, but iran will not be there. there will be no drilling off the atlantic seaboard. oil 36.97. now, we're following this, two hours from now president obama will announce his supreme court pick, that will be around 11:00 eastern time. the two likely nominees are

washington appeals court judges sri srinivasan and merrick garland. this sets up a huge fight in the senate and on the campaign trail. at 11:00 we'll find out which of these candidates is president obama's nominee. the following line from yesterday's primary is this, in my opinion, in my opinion, a trump versus hillary contest in november looks more likely than ever. governor mike huckabee is with me. without doing delegate math, don't kill us with that, getting too far into the weeds. odds are, again, my opinion is hillary versus trump. what say you? >> i say you're a very smart guy, stuart. i've known you've just confirmed it, but we all knew it. this is probably coming down to hillary versus trump. ted cruz last night tried to put the best face on it saying it's a two-man race, i said he's half right. it's a two person race, but it's hillary and trump,

probably not trump and cruz for the nomination. and that's what i think we saw in donald trump last night. he's already moving and pivoting. he hasn't secured the nomination yet, but the gracious self-depreciating, very brief-- >> wait, wait, wait, hold on a second, governor. you've got a smile on your face. the gracious self-deprecating donald trump? >> well, it was. look, last night he went to the podium and did what he needed to do to graciously acknowledge marco rubio, who, by the way, had his classy an exit as anyone can have. it was honorable and he did it with dignity and he helped himself for the future. no question about that. and he was gracious toward rubio, he recognized that it's time to bring the party together. it was the right kind of speech. stuart: okay. what about kasich? he told us on this program he would not accept the

vice-presidentsy if offered by trump. it seems like he wants to take it all the way through to the convention. what do you make of that? >> i make of it, what it always is, that nobody ever wants the vice-presidentcy until it's offered to them and never turn it down. name me one person offered the vice-presidentcy and said no thank you. appreciate it, but no thank you. that's what he's supposed to say, if he said, yeah, gee, that would be terrific then his campaign is over. john kasich had a good night last night. stuart: is he now the establishment guy, john kasich? >> it looks like the establishment is kind of circling around ted cruz more, he's got more delegates and maybe a better pathway, which is the greatest irony of all because cruz has spent his entire campaign saying i'm against the establishment and now they're in his tent.

truth is, he's always had their money, it was wall street hedge fund money and he's had a lot of support it's just that the people in washington in places of power didn't necessarily like him, but he was a part of that and he was in the bush administration, and he was in government most all of his life. he's an ivy leaguer. for him to say that, well, i'm a total outsider, it was always a little bit of a stretch, but now, i mean, when you've got mitt romney and people like lindsey graham saying, yeah, we just may get behind him. stuart: you're laughing. >> it may not be what cruz wanted. stuart: know what i'm laughing at, the tight of your book in paper book "god, grit, guns and gravy", one of the best titles ever. and governor, thank you for joining us, i've got to run, but appreciate you being here. >> great to be here, stuart, thanks. stuart: moving on to ted cruz. he was hardly mentioned in most election coverage last night.

some say the best thing for his campaign was rubio dropping out. cruz wants rubio supporters, here is cruz last night. >> for those who worked for marco and worked so hard, we welcome you with open arms. stuart: bke restaurant ceo and former romney economic advisor is here. not on some remote-- no, he's on the set. >> good to be here. stuart: who is the principal threat to trump. is it ted cruz or john kasich. >> the only one with a path is ted cruz. and rubio was more conservative than people give him credit f for, romney. stuart: what do you think of romney how, he's leading the anti-trust forces. >> if mitt had given the speech in salt lake, that he recently gave against trump if he'd given that kind of speech

against president obama back during the campaign and really spoke from his heart and said what he felt rather than listening to what his campaign directors were telling him to say or pollsters telling him, i think he might be president today. that was a heart felt speech. i personally am going to vote, if trump is the nominee, i'll vote for and support trump, i've been clear about that. i think that cruz is a threat. i think that rubio is more conservative. you'd think that logically people would go to cruz unless they were voting for marco because he looked good in the polling against hillary clinton. the person who looks the best against hillary now is john kasich. he might get some votes that way, but i think that trump will get some votes and he needs a small margin of votes to start polling 50% in the primaries. stuart: i think you agree with the governor and i, it's trump versus hillary in november.

stay right there, i want to get to this. shocking, north korea sentenced an american tourist to 15 years, 15 years of hard labor, allegedly he tried to steal something from a hotel. ash, what did he try to steal? he's sentenced for crimes against the state. he tried to steal or take as a souvenir, a political banner from the hotel where he was staying. he was stopped and arrested as he was getting on the plane to leave. stuart: he's a hostage. >> he's a hostage. he's 21 years old. he's a student at university of virginia. last month he made a tearful public confession, which is very common in these situations in north korea saying he was manipulated by everyone from a church member to the cia. but 15 years of hard labor and there you see him. so-- >> a 21-year-old kid who tried to get a souvenir from a north korean hotel. ashley: yeah, he's a hostage. stuart: sure is. moving on. oh, the price of gas going up

and going up fast. look at this, please. $1.95 is the national average for regular. now, in part, this rapid rise is the result of refineries switching blends and of course, the recent rise in crude oil prices, but you know, it seems to have gone up a lot faster than what it went down. ashley: funny how that works. stuart: funny how that works. a buck 95. the cheapest state is new jersey. ashley: oh. stuart: that's surprising, you know, you cannot pump your own, one other state, oregon where you can pump your own gas-- you cannot pump your own gas. where is the cheapest gas in the land? 1.33 at tucson, arizona. we thought we'd bring you that, nostalgia. back to the elections, i want to talk about turnout. that's extremely important, huge numbers of people voted in the g.o.p. primaries yesterday and here is what trump had to say about that.

>> millions of people are coming in to vote. this was an example of it today. many, many more people. i'm looking at the polling booths, i'm looking at different polling booths all around the country where it's up. stuart: i want the firm numbers, ashley. ashley: on voter turnout. let's begin with florida, he said millions, he was right 2.4 million republican votes in florida yesterday. go back to 2008 as a comparison, that's half a million more. on the democrat side, quickly. 1.7 million, which was exactly the same. no change from 2008. so the base has been fired up by donald trump. stuart: that was in florida. ashley: that was in florida. stuart: the numbers were much more dramatic in ohio. ashley: fascinating look at this. republican votes up, it was at 1.9 million yesterday in ohio, that's 800,000 more than back in 2008 and even more dramatic. on the democrat side 1.2 million people voted yesterday. that's 50%, 50% less than in

2008 where 2.4 million voted eight years ago. stuart: that tells me. >> a big drop. stuart: they're not pulling them out. >> like obama did. stuart: a lack for sure. all right, everybody, the only person standing in the way of a head to head battle between trump and cruz is kasich. now, a cruz guy, why does he go for cruz and not trump? i will ask him that because he's on the show next. my dad gave me those shares, you know. he ran that company. i get it. but you know i think you own too much. gotta manage your risk. an honest opinion is how edward jones makes sense of investing. then your eyes may see it, differently.ave allergies. only flonase is approved to

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>> breaking news on the european migrant crisis. an astonishing number for you. ashley: yeah, this will put it in perspective. according to a u.n. agency coming to greece since the beginning of 2015, there have been over 1 million migrants. stuart: just coming to-- >> just to greece since the beginning of 2015. we were kicking that around. that's about 10% of greece's population. put that in u.s. terms, that's a little more than 30 million

migrants showing up in the united states. that gives you a-- and also, let's not forget that greece is bankrupt, it has no money and it's very, very difficult. stuart: we own that story. european migrant crisis, very, very closely. i don't think that people realized the pre percussion is of the breakup. stuart: and ted cruz in missouri, that race is too close to call. ted cruz wants to be the alternative to donald trump and took aim at donald trump last night. >> going forward, the choice is straight forward. do you want a candidate who shares your value or a candidate who has spent decades opposing your values? >> well, joining us now, louie, the republican from texas. he's a cruz guy, not a trump guy. is that because cruz is from

texas and are' from texas or what? >> no, it doesn't have everything to do with g geography. you look at what ted has done, first person standing up to say we've got to have a new speaker. ted is like my reflection in the senate with hair. [laughter] you don't have to be smart, but you've got to have hair if you're going to run for president. i never can, so, i support ted cruz. stuart: okay. don't you want a winner? if you take the nomination away from donald trump and get it somehow or other to cruz or kasich, all of those people who voted for trump, they'll walk. they'll go to hillary or something. don't you want a winner? >> i absolutely want a winner,

but now you're sounding like john boehner. come on, in fact, one of the things that really caused me to rear up and say we've got to have a new speaker was being asked, do you want to win or do you want to be right? well, i don't think those are mutually exclusive and that was what was being asked by former leadership. do you want to win or be right? we want to win. well, i happen to think you can be right and you can win. it would mean educating people who voted for trump, maybe we would be okay with a david with a slingshot with a faith in god, rather than a goliath-- rather than king sol, who is foul-mouthed and a big warrior with lots of armor. i think that case can be made. stuart: i'm trying to associate donald trump with goliath. that's a really odd-- >> he's a warrior.

stuart: if it's trump, would you want him? >> i plan on supporting the republican nominee. though if he's going to get the nominee will he continue to say republicans want to hear or revert to things he believed before he ran nor president. stuart: that sounds like-- >> is he going to leave me or is he going to stay where he is now? that remains to be seen. stuart: louie, you're a favorite guest on the show. love to give you an extra half hour. stuart: we'll see you again, too. stuart: you're waving your hand. ashley: you can't say we have to educate the trump supporters. that immediately will anger them more when the establishment says you don't know what you're doing, here is what you should do. stuart: we haven't talked about hillary clinton, seems to me she's got control of the democratic race. but how about that threat of indictment?

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hours. ashley: 24 hours and hopefully reopen at 5 a.m. tomorrow. they had a cable fire on one of the stations on monday, therefore 700,000 daily users are having to find some other way to get to work today while they shut it down and check all the electrical cables. stuart: if i was in d.c., i would get a uber car. >> 3.9 times what it should be, is the cap. almost four times, if it's $20, the cab would be $80. uberlooks at a chance of getting new customers. hey, this isn't bad. >> hillary clinton beats sanders in north carolina, illinois, florida and the on thing standing in her way is the indictment for e-mail scandal. could she take the indictment and roll on. >> i'm trying to get over louie

destroying my dreams are being president. >> if the fbi recommends there be criminal proceedings, then she has to deal with the fact it's no longer a republican conspiracy. the fbi has come out with a recommendation. if they recommend indictment and she's not indicted, the administration does not to, it plays in the narrative. the clintons get away with everything. don't abide by the laws. >> the fbi calls for indictment, it's very damning. stuart: i don't know what the effect of the indictment could be. i know that the run-up to indictment creates a-- lock the a the poll numbers, there's no momentum. >> and she's candidate that has to pardon herself. you don't want a presidential candidate that is elected and

pardons herself. stuart: does that mean that bernie is not quite dead yet. >> well, bernie or joe biden, one of the two. stuart: oh. >> it's possible. stuart: all right. yeah, it's a very big-- >> on the sidelines waiting. stuart: do you think? >> i do. i think he regrets the fact that he didn't run. ashley: i agree, i think so. stuart: all right. as i said before, it is a big political day. no impact on the markets that we can see. investors seem to care more about janet yellen. there's one stock that will move at the open, that's chipotle. now what? way down, about 20, 25 bucks down on the open. we'll bring you the open in a moment. ♪

>> it has more to do with our beliefs. i mean, come on, stuart, you look at ted and look at what ted has done. you look at what i've done in the house, the first person to stand up and say we've got to have a new speaker. i mean, ted is like my reflection in the senate with hair. [laughter]

>> that was congressman louie gohmert. we're expecting a small loss at the open, down maybe 20, 30 points, that's about it. three, two, one, boom! 9:30 we're off and running and where are we going? ever so slightly down. ashley webster is here, in my opinion the market is completely shrugging off the election. i want to go around the block. there's no impact. dan first. >> it looks more and more like clinton will be the nominee. not certain on the republican side, but no reaction in the market. >> no surprise, no reaction. >> clinton looks like the likely nominee, you have to

give her the edge. is that bad for corporate profit? i don't think so. same tax code, easy to get around. stuart: i think i've gone overboard-- >> i think you have. i think that bernie sanders had a great day you may have some some action. >> i'm so fascinated by politics, i keep imposing that on the judge of the market. >> at the risk of getting the buzzer, we have to talk about the federal reserve, the decision that comes this afternoon. we have negative interest rates in europe and japan, i can't see how we can raise rates here. darren, come on to this. i don't see how the prvr could possibly announce a rate increase today or in the near future. what say you. >> there don't be a rate increa increase if there was, it would be a shock.

it's really not enough to justify a move. now, if that changes over the course of the next meeting, then possibly, but i think at the earliest, you'll see two meetings from now. stuart: okay, jack, i can't see the fed raising rates today. >> you've got to have two if you don't feel like an idiot. they had one and there is a-going to have one more. one rate hike and that's it. stuart: we're not going very far this wednesday morning, i suspect because we're waiting for the federal reserve decision which a lot of us think will be no decision at all to do anything. >> all right, all right. and here is the stock of the day. maybe this is the stock of the year. chipotle, sales took a big hit after four plea's got sick in a boston chipotle. ash, that's not the whole story? >> it's not. sales were down last month. you want to try to get a positive out of there, it was

down 36% the month before that. it was starting that the sales decline was slowing down, if that makes sense. we had the restaurant closed in the boston area and that hurt, they're forecasting a dollar per share loss. they're having a huge impact. >> would you buy it, jack? >> you know, there's a right plastic. when we people-- that it would double and profits quadrupled? and there were slow sales before that. stuart: you run two restaurant chains, you must live in fear of this. >> this is every ceo's fear. you have to have the quality procedures in place. when you think about the food that's served by mcdonald's, burger king, wendy's, carl's, safely every day, it's because we have the procedures in play to protect.

if you're advertising yourself as the green band. if those procedures fail you, this is what happens. >> the national good movement. give me old-fashioned chemistry if it can keep me from getting sick. higher profits and the business software maker, oracle, i guess, nicole, it's a pretty big winner. it is, it's a leader in the s&p 500, you talked about chipotle, moving this to five month highs. one of the reason is they're moving everybody over to cloud computing. they're being cautious whether or not they'll get licensed. so a mixed bag. >> a 4% move on oracle, look at apple, please, apple says the

founding fathers would be, quote, uphold the order to unlook the san bernardino's iphone. appalled? >> yes, the founder father are shuddering about the everreach of the government to-- overreach of the government to unlock an iphone used by one of the san bernardino people. and apple says the court must zealously guard civil liberties and the rule of law and must object to government overreaching. stuart: that's an interesting pr for apple. disney, the fifth installment of indiana jones, that's a franchise, 35 years old. jack, where is the originality here? >> who needs originality when

you have properties like this that you can resuscitate. this is-- everyone says he overpaid for the properties, and marvel, lucas films, they don't understand not only great money by bringing these back. you push new merchandise, and if he reduce the risk. >> the first film is good, we'll see, will it be a franchise? i don't know what you do for indiana jones, they have a couple of shows in disney world. stuart: harrison ford. ashley: he's going to be 70 and fighting off bad guys. >> he's 77, isn't he. ashley: yes. stuart: all right. disney is making. you've got to explain this to me, they are he a making a live

action version of the jungle book. didn't they just make a live action versus of cinderella. what does it mean, that? >> not a cartoon. stuart: that's extending the franchise, isn't it? in a way in. >> i guess so. go en, the film comes out and you get boost of plush toys and more people want to meet characters down at the park. it accepts when you can make money in all of your businesses not just the box office. stuart: you have no idea how much money you've spent at disney world. six children and nine grandchildren, i'll need a second mortgage. and what happens when you complete a payment with a selfie. i don't get it. >> it's supposed to improve security through technology to take a picture and they all recognize you. what if you just took a picture of someone sn put it out there. they say this technology is 2d.

>> if you're ugly, could you have a decline-- >> apple keeps going out there, something new. >> and mastercard is helping it, it's definitely along the testing stage. stuart: let's not forget that policy. there will be no atlantic off-shore drilling. there's a meeting coming up, iran is not going to show. dan, do you think it's possible that we will get back to $30 a barrel for oil? what do you think? >> well, if this deal supposedly that might happen comes about or doesn't come about, unraffles-- unravels, it will take a while to wiebd it down. you mentioned iran. they're not part of the process. they want to hit all those

barrels. it's a likelihood we can go down there, but not much further. stuart: 30 to 40 per barrel. and you're moving headquarters to nashville? >> yes, we are. stuart: from? >> from santa barbara, california. stuart: why am i not surprised? . you want to tell me why your do that. >> we're going to -- because national nashville is a vibrant city, you want headquarters where you have 0 them. we sold them in cal many--

california and it will be a plus for us. >> and all the executives who move to nashville, tennessee, they'll pay-- >> it's like in florida, too, there were other places to go, nashville is a -- it's a vibrant city. 17, 237 for the dow. a big victory for john kasich. i say it makes trump's path to the nomination a little more difficult. trump says he's bringing a lot more people into the republican primary. the surgeonout numbers suggest he's correct. he's got a trouble with hispanics. we'll be back with that in a moment. ♪

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>> we're going to call it breaking news. to my mind it's astonishing news. it's the election, what is it. ashley: i looked at the headline, former house speaker john boehner, not donald trump, not john kasich. paul ryan. >> he's endorsing him. >> it shows you how fractured it is. >> that's the reality. this number from gallop, okay, this is 77% of hispanics view donald trump as unfavorable. that's a huge number. joining us now is jeff dewitt, the arizona campaign chairman for donald trump.

you know, that is a huge number who are suspicious of and dislike donald trump in a key voting block. how are you going to get around that? >> well, at the same time that we hear the stats, we look at a state like florida that voted yesterday where you have two candidates in the race of cuban heritage and hispanic central state and donald trump got more votes than rubio and cruz combined. i don't know if the polls are off or what we're seeing and also had in nevada donald trump did very, very well with hispanics. we've showed data that he's doing well with hispanics because one of the top issues with hispanics is the economy and making sure they have jobs. no one is stronger on the economy than donald trump. every time he wins that hand down. stuart: you're saying the

hispanic population will build the wall and-- >> they'll go for growth of opportunity and growth of jobs. >> that's a difficult position to take, isn't it? >> i don't think so. i'm married to an immigrant myself and with most legal immigrants that do it the right way, that wait in line, they also have something, you know, where they're not happy about the people that cut in line and there's a big push for people that do it the right way, saying, look, i think that everyone should do it the right way, and we need to enforce a legal immigration process that really keeps everyone doing it the right way. so, there's that side of it, too, there are many hispanics that are for a strong immigration policy. >> if donald trump is to get the nomination on the first battle of convention, the 1,237 delegates, he's got to pick up 55% of the delegates, not yet accounted for. that's a pretty big row to hoe.

are you sure he can go at it and do it? >> yes, because he just crossed-- yes we saw the first poll that said he's now above 50% in nationwide polling and if you just take 51% in all the remaining states, with so many winner take all states, you'll get 100% of delegates. that's not a hard thing to do if we keep pressing on and doing what we're doing. one thing that keeps getting forgotten. let's say that donald trump is short 50 delegates, that doesn't mean it's going to go to a second ballot, however many delegates he comes in with those are locked in to vote for him and then you'll have to what, 1300 other delegates. all you'd need in the first ballot is 50 out of a hundred. so it's doable even if he doesn't get the number. stuart: jeff, you had a great night last night.

jeff dewitt, following up on the john boehner story. he had originally, and jo ling point this had out originally endorsed john kasich his fellow lawmaker from ohio, he said if it goes to a contested or brokered convention in cleveland, he would back paul ryan. by the way, paul ryan refuse toss say he would never consider the nomination, he hasn't ruled it out. stuart: talk about getting complicated. and move onto the democrats, hillary clinton looks like she's taking control here. she won four states last night. and jo ling kent. look at the exit polls. how important was the african-american vote in hillary's victories. >> what we learned last night. she continued to strengthen there. in michigan, there was concern maybe she would have a weaker position. well, she won in florida. we want to show you 79% to bernie sanders 20% and you can see that now and you can also see that illinois she also won 70-29. ohio 70-28 the race that many' watching closely is missouri and yet to be called.

she's currently doing very well with the majority of the african-american vote according to the exit poll. stuart: so she needs a strong showing for african-americans to put over the. >> we know that she shows strength in that area right now and plus, if you look at the broader landscape. the younger voter going for sanders and older voter for clinton. stuart: our own judge napolitano is here next. is it becoming a better professor by being a more adventurous student? is it one day giving your daughter the opportunity she deserves? is it finally witnessing all the artistic wonders of the natural world? whatever your definition of success is, helping you pursue it, is ours.

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>> later this morning, president obama will publicly name his pick for the new supreme court justice. it's between two washington appeals court judges. sri srinivasan and chief judge merrick garland. our judge napolitano is here. let's take them one at a time. sri srinivasan, what do you know about him. >> he's in his late 40's, only an appellate judge for 18 months. here is what we did for both of them. we examined their decisions in about four or five areas, first amendment, freedom of speech, fourth amendment privacy. federalism, relationship between the states and federal

government and deferring to administrative agencies and found similarities, strong similarities in the case of both of them. they're very different people. merrick garland, judge garland on the bench for 19 years, a consummate washington insider and judge srinivasan is a new member there, and heboth of centrists, neither is the liberal academic that justice kagan is president obama's second appointment or soto mayor is. so, it leads me to believe-- >> the president is not serious about getting either of them on the court. neither of these two will further his legacy, but they both will frustrate

republicans. it tells me the president is more interested in the battle to get them on than he is in his legacy on the court. stuart: so he will now turn around and say how could you possibly reject both-- the nominee, who is a centrist with a fine record. how could you refuse this? >> judge garland worked in george h.w. bush's justice department, has a lot of republican support. anl judge srinivasan worked at a republican law firm before he went on the bench. if this were not the last ten months of the president obama's presidency, they were sail on would zero opposition. stuart: suppose they do anyway, you know, he's in. >> well, the president gets his ninth justice, but he does not get what he wanted, antinen scalia's opposite number.

stuart: so the ball is put in the republican's court. this puts the political ball. >> whichever one of the two it is. i think the president, if he's playing the game i think he's playing, would have an easier time with judge garland who truly is a member of the washington establishment, married to fdr's granddaughter, who is deep in washington roots in both parties, but again, if either of them gets confirmed, this is not the justice barack obama wanted there to change the course that antinen scalia saved. stuart: but you can never be quite sure which way your nominee is going to go if they're on the court for 30 years. >> i was once present where former president h.w. bush said such negative things about his appointee, david suitor, you would not think that he was the

president who appointed him. a dwight eisenhower, earl warren, quote, the worst daal fool mistake. >> and having a black robe for a lifetime appointment. you change, you don't care what the editorialists think. you don't care what your buddy th president who appointed you thinks. as soon as that face is on the screen, walking next to the president, we'll know. stuart: hillary clinton in control after last night. here is my question, which g.o.p. candidate has the best chance to beat her and donald trump, while he may have lost ohio, but he had a strong showing in that state's coal country. i wonder why? second hour, "varney & company" two minutes away.

>> another big day for politics. we have a three-man race on the

republican side now, but hillary clinton, i'm going to say she's got it all, but sewn up for the democratic nomination. >> and donald trump for the republicans, marco rubio had as suspended his campaign. not much mention of ted cruz, but he said he'd welcome rubio supporters with opened arms. hillary clinton big wins in florida and ohio. bernie sanders, seems to be fading. it's an entertaining political season, ain't over yet. hour two starts now. ♪ you are looking at a white house in just about an hour from now, president obama will announce his nomination to fill the supreme court seat left empty by the death of justice scalia. fox news just confirming

merrick garland. ashley: yes, indeed, apoepointe to the chief judge of the court of appeals, and he's harvard educated and harvard law school. it was him and two others, down to him and another, but it appears that chief judge merrick gerald is the pi-- garland is the pick. it's interesting to see whether the judge's theory plays out, to push the g.o.p. to make them look bad if they refuse to go through the process. what if they call his bluff and go through. >> liz. >> while on the justice department, he worked on the oklahoma bombing, 1995 bombing and the uni-bomber ted kaczynski

kaczynski's, and appointed by bill clinton an i-- according to judge napolitano, he's not the opposite of scalia. he's tempting the republicans to look bad. how can you possibly reject this guy? >> they could call the bluff. stuart: they could. interesting liz: senate judiciary committee said no vote this year, but they could try to embarrass. >> how do you say we're not going to look at him. smart politics by the president and there he is, judge merrick b. garland. 32 minutes into the trading session, this is a wednesday morning and we're down 9 points, i'd say we're dead flat. check the price of oil. 28 minutes from now, we'll get

the latest read we've got in supply in america, right now, up a buck at 37. look at peabody energy, that's the largest u.s. coal producer, down 45%, why? it may see bankruptcy after delaying an interest payment. doesn't have the money. higher profits at a software maker, oracle, one of the biggest gainers on the s&p, it's up 3 1/2%. politics, a record turnout for the republicans at the polls. ashley, you've got some turnout numbers. >> yes. >> it's something that we've seen since the primary season began. let's go to florida the number of people turning out to vote there. the republicans and democrats, 2.4 million republicans turned out in florida half a million more than the 2008 primary. on the other side democrats 1.7 million exactly the same as in 2008. stuart: closed primaries there. ashley: correct. stuart: if you're a democrat

you couldn't vote as a republican. >> or an independent. stuart: let's go to ohio. ashley: i think that's fascinating. bring up the numbers. republican side 1.9 million people voted in ohio yesterday on the republican side. that's up 800,000 from eight years ago. the biggest story on the democrat side 1.2 million cast votes in ohio for the democrats, 50% less, 2.4 million voted in 2008, exactly half. stuart: half. ashley: half what it was. stuart: i've got to get to the delegate numbers. g.o.p. first. ashley: trump at 621, which means he is now beyond 50% towards the 1237 goal. cruz at 396, john kasich at 138. so-- >> it's still a race. >> there's still a race. stuart: the democrats the opposite. >> look at this, hillary clinton 1561, almost doubling up bernie sanders. 23, 2,383 needed so hillary

clinton apparently well on her way. stuart: looks like it. we're staying on hillary, the clear frontrunner, yes, she is after she wins in florida, illinois, north carolina, ohio, got it. >> we're moving closer to securing the democratic property nomination and winning this election in november. our campaign has earned more votes than any other candidate, democrat or republican. stuart: mercedes is here. she's on the republican side of things. tell me, which g.o.p. candidate can beat hillary clinton. >> well, i've got to tell you, stuart, we're in an unconventional political season so i think that any of the three republican candidates could beat hillary clinton. if you're looking at the polls that stand today, kasich, in the real clear politics poll, would beat hillary clinton by 7. cruz, it would be really neck

and neck with cruz. trump is under by about 6 points, but here is the deal. once the primary is over and there's a republican nominee, this is a whole new ball game come after july because really, voters start to really start focusing on the general election, usually after september. they kind of, summer break and then they start honing in on this election season. so, this is-- anything can happen in this election cycle. as we know, stuart, last october, you and i were talking and i don't think that donald trump is going to break beyond 25%. obviously, i was proven wrong, many pundits were proven wrong. so clearly, this is just the beginning of really trying to figure out if the republicans can beat hillary clinton. stuart: two quick items for you. number one, we have former speaker boehner suggesting that if it is a contested republican convention in cleveland, he would back paul ryan to be the nominee.

this is just coming out. what's going on? >> that's why john boehner is no longer speaker. he is part of the old republican guard. what we're seeing now is a whole new political order in the republican party. it will be very interesting to see if the state party officials will decide to deny trump the nominee. as we know, this contested convention is a very complicated process. in the first ballot, they pretty much have to stick with who they're supporting, after the first ballot you have about three fourths of delegates who become free agents. the conventions could change the rules, remember that. we don't know how this is going to shake out until july. you know, we have march madness, now with football, and now we'll have july madness. stuart: and an indictment of

hillary clinton won't happen or if it is won't count. >> if there's an indictment. he think it would be a destruction of her in her race. i don't think it would be possible, it would be a huge distraction and i think that considering the fact that you have so many individuals out there who really do not trust hillary clinton, it would be a huge factor and plus, she can't run if she's in jail. stuar stuart: and-- >> though maybe uncle joe shows up. democrats have more control in their process than the republicans do. stuart: seriously, you're not seriously suggesting that the democrat nominee could be in prison by the time of the election, you're not serious, are you? >> you know what? it's been one of the craziest political seasons in my lifetime, your lifetime. stuart: never going to be that crazy. >> who knows? >> thank you, and we'll move

on. donald trump, many call him the candidate for the working class. fred barnes is here. donald trump won very big in ohio coal country among democrats. this is very much your story. this plays toward trump as the working class guy here. >> well, he is the working class guy. i mean, from the very beginning, you know, back a couple of years ago, he was reading rick santorum's book, blue collar conservatives, he was looking into this group as people he could attract if he runs for president and of course, he is. the interesting poll to look at yesterday, exit poll was in missouri where cruz and trump were basically tied. trump won along one of the measures that you look to define the working class and that's education, people who have a high school education or less and some college. trump won that group and the

other one is income. and you know, 50,000 or less, actually cruz finished a little ahead of him in that group, but when you expanded into the middle class, you know, people who make less than 100,000 a year, trump won that and it shows you somewhat the broadness, the breadth of trump's appeal and that's important. the other thing is, by 2-1 against cruz, trump won moderates. and the moderates were something like 20% of the voters in missouri, but moderates are important in the republican party. it does give trump, i think, an advantage that he has a broader base. stuart: look, i hear that the republican strategy is to move heaven and earth to deny trump the nomination, if need be, by going to a very contested convention in cleveland. my point of view is, you do that and you've destroyed the republican party and there is

no way the nominee, whomsoever is the president of the united states. are you taking the position-- ments i think you've looked at the effort to block trump. i know republicans, many of them say they'll never vote for trump and may try to get a third party candidate and would love to stop him from getting the nomination. and i think it's increasingly looking like that that would be very, very difficult to do. even if trump comes up a little short of the 1237 delegates needed, he'll be in a commanding position going into the convention. stuart: well said, fred barnes, and thank you for joining us as you do. >> you're welcome. stuart: to the markets and the big stock of the day, if not maybe the year is chipotle. a big sales decline after he closed one store in boston when

some employees got sick. i'm sure there's more to the story. >> chipotle, the two top executives saw basically their salaries cut in half. they have hit for the first time at quarterly sales decline in the prior quarter. now we're previewing more bad road ahead for chipotle. the question, can they get out from under the stigma of the food poisoning, instead of nationwide. so far the answer seems to be no. >> that stock is down 200 a share or more-- >> it's off a third. >> it was the darling of wall street at one point. the super pac that was spending big to get ben carson elected now using its money to get donald trump to pick ben carson as his vice-president. we've got more on that in a moment.

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>> fox news confirming merrick garland is the president's pick for the supreme court.

liz, what else do we know about him? >> he is a center right moderate served under jimmy carter, george w. bush and president clinton who appointed him. here is what's going on? this sets up a fight between the white house and the g.o.p. in the senate, orrin hatch already in the last 24 hours, even though orrin hatch in the past saying, yes, garland, no doubt would get a lot of votes in the past when he was floated as a name in 2010, orrin hatch is saying not, toxic poisonous atmosphere and would be a scoring campaign on the presidential election. stuart: orrin hatch says no to this guy even though he's center right. that's president obama playing politics. you would turn the hearing, mr. president, to a proxy campaign for political points,

it would be a toxic poisonous thing, don't do it. stuart: now, we're hearing that ben carson's main super pac is now trying to push him as donald trump's vice-president. former carson campaign manager now serving as a senior advisor to trump. all right, have you had any conversations with the trump guy about your guy, your former guy being the veep? >> no, absolutely not. stuart: where does it come from? >> this is coming from the super pac. ben has got a lot of i am passive supportier, and 5 million facebook fans, more than the pope and great fund raising lists, but it's hard to run for vice-president. you're either the right combination of politics and personality or you're not. so-- >> do you think he would take it if he were offered that position? >> i think anybody would. i mean, you've got-- when someone offers you that chance, that's a big offer.

everybody has to do that. stuart: now, you now work for the trump campaign. will you or have you advised donald trump to dial back his tone, make it more presidential? have you had that kind of conversation? >> i don't really-- messaging is not really what i do for the campaign, i more work on delegate strategies and you know, the possibilities of brokered conventions and how we get to 1237. stuart: do you think he's likely to? last night, when-- in his victory speech in florida, donald trump was conciliatory, some people said he was gracious. is that by design? >> i think he's actually-- the people that know him would describe him as gracious. you know, in the heat of the campaign when everybody throws insults, that's what we've seen through the debate and the prism of campaign events. if you go back to people who have known him for 20 years, describe him that way. stuart: that's what ben carson

said, there are two donald trumps. >> way before politics, they both live in palm beach and attend the same events, so they've known each other for quite a while. stuart: would you advise mr. trump to be more presidential, to be more the kind of guy that he is in private, more conciliatory, if you were giving advice of any kind, would that be advice you'd give? >> well, you know, stuart, i think that there are a lot of people in washington who think that this campaign is all about donald trump, right? it's all about donald trump's personality or behavior, whatever else. it's just not. what it's about are people who are fed up with the government that is ineffective, that has lied to them, that can't seem to do anything right and that's what they're angry about. and donald trump is walking in front of these folks, but it's not about his personality or manners or whatever anybody is making it about.

stuart: i take your point, but when we vote for president we're voting for person that is on our tv screens, so persona, i think that does count a lot. barry, you can come back anytime, we appreciate you being with us. >> thank you, stuart. well done conservative 91 years old, she's supporting donald trump. we're asking her why. that's the lady right there. >> we've been following losers for so long, but now we've got a guy who's going to lead us to victory.

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crude oil at $37 a barrel. we'll get the latest numbers on the supply of crude oil in six minutes from now. that could move the market. now this, north korea has sentenced an american tourist, that young man right there. ashley: yeah. stuart: being front-marched around, sentenced him to 15 years of hard labor. what did he do? he tried to steal something from a hotel. ashley: why he, some sort of political banner, thought it would make an interesting juf-- souvenir. he was literally arrested getting on the plane to leave. he's 21 years old, at university of virginia. he was visiting pyong yang and he's been sentenced, as you say, 15 years of hard labor. they are accusing him of acts against the state or crimes against the state. he was made to publicly confess last month in a teary address saying he admitted to trying to

steal that political banner saying that he had been urged by u.s. to make the crime and also the urging of the cia. he's a hostage. stuart: that man is a hostage. he went as a tourist to pyong yang, capital of north korea, staying in a hotel. ashley: yeah. stuart: tried to sort of remove a banner. ashley: a banner with a political slogan on it. he thought it would be a fun souvenir for a family friend in church. it's innocent, what happened. they found out what happened and got to him before he got on the plane to make an example out of him. north koreans are famous for this and they do it for leverage. going to have a number of delegates going out to north korea and trying to negotiate his release and give something in return. stuart: they'll want a big name parent to go to pyong yang and

kowtow-- >> and the suffer sanctions on north korea. they have a history of doing this when when want to put pressure on them. stuart: you wonder why donald trump is running. and in a couple of minutes we'll find out how much oil we've got in storage, that's the supply-demand relationship which will affect the price. we've got the number when it breaks moments from now. and president obama, critical of violence at trump rallies. wait until you hear what the president said in a campaign rally in 2008. just wait! more varney in a moment.

.... speed to about 15 seconds

from now, we will find out how much extra oil, or not, we have in storage. we will find out in about three or four seconds. the number that we receive could change the oil market, could change the oil price. i believe that we have that number. the estimate was for a bill of close to three and a half million. that is a huge mess close to the downside. stuart: we have taken some oil out of storage and used it. it should imply that the price of oil would go down a little. >> you would think. stuart: it would go up. was supplied.

that is what is happening. >> we are not supposed to do much math on this show. >> we have that number. takes us a while to get through to that. >> this comes ahead of key meetings. stuart: here's the bottom line. >> gasoline was down 700,000 barrels. >> are we absolutely sure that there was a drawdown? >> a rise in inventory. just went up 1.3. this is really tough. these are the toughest numbers

to watch. >> the amount of oil in inventory, 1.3. 1.3 million barrels. we've got it. kevin kerr joins us now. have i got this right? you look at the numbers. up 1.3. >> that is correct. 3.3 million yesterday. yesterday's was 1.5. still a positive number for oil. we are not getting that heavy duty supplied number every week. we are starting to see a spell over. oil moving up together. >> we saw a tentative agreement last month.

that has kind of put a crimp in supplied. they will have russia join them. we will have some kind of an agreement out of that meeting. the market will look at that. that is pushing back up to these levels. i think that we have seen the lows, stuart. >> fairpoint. it will be a long time before we draw down the 500 million barrels of oil that we have in storage. >> we will not see crude around significantly either. we have plenty of oil on hand. it is not like we are coming to a. or anything. the gasoline numbers, the prices bite. my phone is ringing off the hook. why are prices climbing so fast? you see the averaging gasoline

prices. >> can you answered your own question? why is it spiking the way it is? >> there are a couple of reasons. gasoline is made from crude. bottom line. that is just the way that it works. january and february are the slowest months for gasoline. we see prices usually below some of those. now we're going into spring. we will see more supplied, hopefully, by summer. prices are the highest in the summer. we will not see these lows again, i do not hang. certainly not until late fall. >> we're glad you are on the show, kevin, but we do not like what you have to say. thank you very much, indeed. >> fundamentals have not changed. we just ended another million

barrels. i still think that there is a huge amount of oil to get through. we could certainly see oil going up again. stuart: is ad started to appear right before yesterday's primaries. quite a hit. roll tape. >> a person that is very flat chested is very hard. >> look at that face. would anyone vote for that? >> she has the height. she has the beauty. she is crazy. these are the minor details. she will take care of the kids. >> and add that had quite an impact. here is what john kasich had to say about it. roll that tape. >> i will be forced to talk about some of the deep concerns of thy have. about the way that this campaign

has been rammed by others. today is not the day to do that. very concerned. i just saw a commercial last night of these comments made about women. i have two daughters. they see this stuff. what do you think that they think? stuart: joining us now republican from new york. openly supported donald trump. what do you make of this? a hard-hitting ad. how do you answer your constituents that they what you doing supporting a guy that talks like that about women? >> first of all, it is great to be on your show today. what we are seeing is an american we are seeing politics a sport. certainly in new york. you are seeing desperate politicians, desperate candidates doing desperate

sayings. the howard stern show. but thing i can assure you of is their focus on donald trump. i can tell you, the answer in my district is very supportive of mister trump. i was absolutely opposed to the cpa. obviously, the money spent in florida and ohio, frankly did not make a dent. making america great again. i just want you to go back to

2008 when president obama told supporters, if they bring a knife to the fight, we bring a gun. i have seen eagles fans. when he was asked about that. roll tape. >> targeting women and minorities. people with disabilities and religious minorities. all in an effort to motivate their supporters. the president does not agree with that at all. >> remarks that in hindsight were not appropriate. the president acknowledged that he had two of those regrets himself. >> what do you make of this, congressman? >> one thing that we can say about president obama is he has put a capital h on the word hypocrisy. i think you can make that

argument when you see that attitude in the mood of americans today is directly related to an absentee president the last seven and a half years. divisive on everything. he does not want to politicize. i'm not surprised to hear his comments back from 2008. now i just regret having said those. republican. new york. thank you. meanwhile, hillary clinton vowing to kill coal miners jobs. watch this. i policy about how to bring economic policy about how to use economic energy in the coal country. we will put a lot of coal miners" companies out of

business. stuart: chairman david. >> thank you. hillary clinton must have lost a good deal of blue-collar support in parts of ohio after she said that. that is a problem. >> she did very well on that part of ohio. she has talk so strongly about the need to lift wages. take on trade deals. jobs out of the state. if you look at the map, she actually did very, very well. stuart: it was not a slip of the tongue. you normally do not hear candidates for office say we will kill off those coal mining jobs. >> the coal industry has been struggling for a lot of reasons. we do need to bring help to those parts. i think that kind of jobs, if

ohio is part of that, we should be helping produce the hearts of wind turbines and solar. we do need to have the next generation of jobs. i think that that is what our candidates have to come forward with. >> hillary clinton and bernie sanders opposing any and all. do you oppose it, too? >> personally, i do not. it has to be done safely. it has to be done transparently. >> david, i am sorry to cut this so sure. i do apologize. i have a very busy news day. back to your money. look at the stock rise of amazon, please. exploring new ways for you to pay for things. >> maybe not as secure as facial

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look at peabody energy. it is down 44%. why? it may seek bank reps the protection. does not have the money. down it goes. it is the biggest coal producer in america. it makes it one of the biggest gainers on the s&p 500. former cochair is here. ed, i wanted to welcome you to the program. you got some numbers for us on turnout. i think that turnout was extremely important and will be in the future. turning out for the democrats, turning out for the republicans. >> turnout is a key. why is it important? turnout in the primary here was about 20 points different between republicans and democrats.

that is a statewide turnout. participating in yesterday's republican primary then democrats. it should be a clear enthusiast in gap. only republicans could vote in the republican primary. if you are in independent, you could not vote. i would suspect that that would depress the turnout for donald trump. maybe deep press the turnout for bernie sanders. what do you think? >> our numbers show 225,000 people have changed parties from independent. this primary season ran up. they wanted to be republicans

and eight months. really? >> in eight months. fifty-six of 67 counties. in those counties, he won big. >> are you going to support a donald trump candidacy? >> i would say it this way, the establishment needs to understand that there will be an outsider that is the nominee of the party. donald trump or ted cruz. the only two mathematically. even if one of them does not get to the majority, one of them will have to be the nominee. i think we better get used to that. i would support the nominee, yes.

>> thank you very much for joining us. we appreciate it. >> stuart, thank you. stuart: earlier on the program, we promised to bring you this. i regret to say that she had a family emergency. she could not join us today. our apologies. it is a gripping exciting election. it is all tired. all the way back to president obama. my take on that next. ♪ when a moment turns romantic why pause to take a pill? or stop to find a bathroom? cialis for daily use is approved to treat both erectile dysfunction and the urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex.

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and start gathering the information you need to help you keep rolling with confidence. go long™. ♪ speed that i am peter barnes at the white house. ten minutes into the rose garden. president obama will nominate someone to replace the justice scalia to the supreme court. garland is currently the chief just this for the washington supreme court. a court for which many justices have been drafted. he was nominated by president clinton and approved by the senate in 1977. thirty republicans joining him. senate republicans vowed to block any obama nomination.

now back to stuart in new york. >> president obama taking a backseat in this election. we have not seen that much of it, have we. all the candidates, democrats and republicans are react into his years in office. this is a referendum. start with the socialist, bernie sanders. he does not think that president obama went far enough to the left. bernie wants a whole lot more. obama was an okay start. not enough like denmark yet, are we. donald trump making america great again. that is a direct response. would trump have that slogan? prosperous at home. no way. hillary clinton represents four more years of barack obama.

she has tied herself very closely to him. she desperately needs the votes of african-americans. she does not want him to let any criminal indictment go forward. she is locked in. here we are. a month until the presidential election. the man in the white house now. hillary would keep the obama train rolling. there are eight months ago. the economy is slowing badly. if we are hit with a recession it may shift again. november will still be a referendum on president obama. it is still all about him. ♪

>> nominating d.c. chief judge. nominating to the supreme court. elizabeth macdonald. right next to me on my right hand side, not politically, but geographically. the striving this. what is he all about. >> he is the most conservative nominee by a democratic president. >> that tells me that president obama is not interested in legacy. constitutional matters. he loses either way. this is not the anti-scully up.

if judge garland becomes justice garland, the president has a supreme court justice that will disagree with him one half to two thirds of the time. stuart: sorry to contradict you, judge. [laughter] the president knows that the republicans will not allow this nomination to go forward. >> pick a nominee who is the most electable to the republicans. >> how can they turn down a guy like this? >> if the president -- that does not necessarily mean that his nomination gets heard. under the senate rules, one

person decides what goes to the floor. is that accurate? >> yes it has. i am not surprised by this. i really thought that the president would want in ideological battle. thinking the way he does. it is a lose, lose. this is anti-scully up. a democratic president. this does not come from the mold. >> you knew that the president would jive with the president, so to speak.

it does not serve the soap port and it does not serve the constitution. he will be beaten up like a piñata and go nowhere. taking one to the team. the next president will be kasich, trump or cruz. clinton will not get garland as a nominee. >> way out there on the left. >> quite frankly, i agree with them on a bodice issues. i am not saying this as a critical way. a person that is aware of their prudence. part of the white house.

the rose garden, of course. moments from now. he will be at his side. he will approach the podium. president obama will make his formal announcement. this is the guy that i am nominating for the supreme court. who are all of those people? >> the const did to shinn says the president has nothing to do with it. stuart: here is the president of the united states. judge, thank you very much indeed. >> everyone please have a seat. of the many power and

responsibilities that the constitution invests, few are consequential. the supreme court justice. particularly succeeding justice scully up. one of the most influential. a system of one of laws. charge with the essential task of applying principles. this is not a responsibility that i take lightly. short-term expediency. more importantly, with future

generations. that is why over the past several weeks i have done my best to set up a rigorous and perfect process. constitutional scholars. representing an array of interest from all across the spectrum. today, after completing this exhaustive process, and elected nominee. >> someone to brings. evenhandedness. excellence. these qualities and long commitment to public service.

we will love it. we will bring the same or to the supreme court. in institution to which he is uniquely prepared to serve immediately. today i am nominating chief judge garland to join the supreme court. [applause] >> and law enforcement circles and in the legal community at large, judge garland needs no introduction. i would like to take a moment to introduce to the american people that he already sell serves. he was born and raised in the land of lincoln. my home state of eleanor a.

his mother volunteered in the community. he became valedictorian of this high school. he earned a scholarship to harvard. he put himself to harvard law school. stocking shoes in a shoe store. and what is always a painful moment for any young man by selling his comic book collection. stop. been there. [laughter] graduated from harvard law. he clerked for two of president eisenhower's judicial appointees. supreme court justice william brennan. joining a highly regarded law

firm. representation of his advantage to americans. within four years, he earned a partnership. the dream of most lawyers. in 1989, just months after that achievement, he made a highly unusual career decision. walked away from a law practice to return to public service. he accepted a low-level job as a prosecutor. took a 50% pay cut. traded it in for a windowless closet that smelled of cigarette smoke. this was a time when crime here in washington reached epidemic proportions. corrupt politicians and violent criminals. his sterling record as a

prosecutor's, he oversaw some of the most significant prosecutions in the 1990s. including overseeing every aspect of the federal response of the oklahoma city bombing. the aftermath of that act of terror, when 168 people and even the small children were murdered, merrick had one evening to say goodbye to his own young daughters. he worked side-by-side with first responders. rescue workers. local and federal law-enforcement. he led the investigation and supervised what brought timothy mcveigh to justice. what is perhaps the most important is the way he did it. he did everything by the book.

when people offered to turn over evidence fallen terribly, he refused. taking the harder route. because merrick would take no chances with someone who murdered innocent americans. he also made an effort to reach out to the victims and their families. updating them frequently on the progress. everywhere he went, he carried with him in his briefcase. when each of the names inside. a constant reminder of why he had to succeed. judge garland has often referred to his work. the most important thing i have ever done in my life. through it all, he never lost touch with that community. it is no surprise that soon

after his work in oklahoma city that he was nominated the second highest in the land. during that process, during that confirmation process, he earned overwhelming bipartisan praise from senators and legal experts alike. republican senator was then chairman of the senate judiciary committee. supported his nomination. in all honesty, i would like to see one person can't do this floor. he actually accused senate republicans. trying to restrict playing politics with judges. he has since said that judge garland would be a consensus nominee with the supreme court. very well supported on both sides.

confirmed with both sides. he was confirmed to the d.c. circuit. holding to democrats and republicans. years ago, he was elevated to chief judge. in his 19 years on the circuit, he has brought his diligence, compassion, and unwavering guard for the rule of law to his work. the circuit court known for strong minded judges on both ends of the spectrum. judge garland has earned a track record. he has shown a rare ability to bring together on koppel's.

signing onto his opinions. this record speaks to judge garland's fundamental temperament. all views deserve a respectful hero. it is habit. to borrow a phrase from former justice john paul stevens. disagreeing without being disagreed. it speaks to his ability to persuade. to respond to the concerns of others. as his former colleague on the d.c. circuit and our current chief justice once said, any time judge garland disagrees, you know that you are in a difficult area. at the same time, more than just a brilliant legal minds. someone who has an understanding

that justice is about more. more than something in a dusty casebook. his life experience, his experience in places like oklahoma city. the law has more than an intellectual exercise. he understands the way it affects people's lives. and it rapidly changing times. a democracy that is power. to find someone with such a long career in public service. to find someone who'd just about everyone not only respects but genuinely like, that is rare.

not just as a lawyer, but as a man. people respect the way that he treats others. genuine courtesy and respect for his colleagues and those that come before in his corner. serving their communities. setting his own example by tutoring a young student each year for the last 18 years. they are moved by his deep devotion to his family. his wife of nearly 30 years. the family, they indulge their love of hiking and skiing in the above america. visiting our national parts. people respect his deep and abiding passion to protecting

our most basic constitutional rights. i am told that it manifested at an early age. valedictorian of his high school class. firing a critique of the vietnam war. the rest of the student speech was muffled. merrick did not necessarily agree with the tone of his classmates. stirred by the side of a fellow student voice being silent, he tossed aside his unpaired remarks and delivered in said on the spot a passionate and prompt to defense of our first amendment rights. it was the beginning of a life

long career as a lawyer and prosecutor and judge. devoted to protecting the rights of others. he has done that work with decency and humanity and common sense and a common touch. i am proud that we will continue that work on our nation's highest court. i said i would take this process seriously and i did. i chose a serious man and an exemplary judge. mayor garland. senators from both parties. in which i asked their views on qualified supreme court nominees. the seats that i had to fill. though one name that has come up repeatedly from republicans and democrats alike is garland.

i recognize, we have entered the political season or perhaps these days have never ended. a political season that is even noisier and more volatile than usual. there have been politics involved in nominations in the past. to each of those instances, democrats ultimately confirmed a nominee put forward by a republican president. i also noted that because justice scalia's role on the court and in american law and the fact that americans are closely divided on a number of issues before the court. it is tempting to make the

confirmation process simply an extension of our divided politics. the squabbling that is going on in the news every day. but to go down that path would be wrong. it would be a betrayal of our best traditions. and if a trail of the vision of our documents. a time when our politics are so polarized. a time when customs of political rhetoric and courtesy and comedy are so often treated like they are disposable. this is precisely the time. treat the process of appointing a supreme court justice with the seriousness and care it deserves. because our supreme court really is unique. it is supposed to be above

politics. it has to be. it should stay that way. suggest that someone is qualified as merrick garland does not even deserve a hearing let alone an up or down vote. joining an institution. when two thirds of americans believe otherwise, that would be unprecedented. to suggest that, and who has served his country with honor and dignity, with a distinguished track record of delivering justice for the american people, i would be treated as one stated as a political piñata. that cannot be right. tomorrow judge garland will travel to begin meeting with senators one-on-one. i simply ask republicans in the senate to give him a fair

hearing. and then an up or down vote. if you do not, then it will not only be an avocation of the constitutional duty, it will indicate a process for nominating and confirming judges that is beyond repair. it will mean everything. everything. it will provoke and in this cycle of more tit for tat. making it increasingly impossible for any president to carry out their constitutional function. the reputation of the supreme court will inevitably suffer. they will inevitably suffer. our democracy will ultimately suffer as well.

i have fulfilled my constitutional duty. now it is time for the senate to do theirs. presidents do not stop working in the final year of their terms. neither should a senator. i know tomorrow that the senate will take a break and leave town on recess for two weeks. my only hope is they take the time to reflect. not what is expedient. not what is happening at the moment. what does this mean for our institutions? for our common life. the consequences. the seriousness of the job we all swore to do. and when they return, i would hope that it would act in a bipartisan fashion. i hope that they are fair.

that is all. i hope that they are fair. as they did when they confirmed to the d.c. circuit. i asked that they confirm garland now to the supreme court. so that he can take his seat in time to fully participate in his work for the american people this fall. he was the right man for the job. he deserves to be confirmed. i could not be prouder of the work that he has already done on behalf of the american people. he deserves our thanks. he deserves a fair hearing. with that, i would like to invite judge garland to say a few words. [applause]

>> thank you, mr. president. this is the greatest honor of my life. it is also the greatest gift i have ever received. there is another caveat. the birth of our daughters. as my parents taught me by both words and deeds, the life of public service is as much a gift to the person that serves as it is to those he is serving. for me, there would be no higher public service than serving as a member of the supreme court. my family deserves much of the credit. my grandparents left at the

border of western russia and eastern europe. the early 1900s. anti-semitism. hoping to make a better life. the smallest of small businesses from a room in our basement. he made the rounds to his customers. the importance of hard work. my mother headed to local pta. my sisters and me. service to the community. even now, my sisters honor that example.

the children of their communities. i know my mother is watching this on television and crying her eyes out. my sisters supported me in every step i've ever taken. i want to wish that my father was here to see this today. i also wish that we had not taught my older daughter to be so adventurous. she wanted the hiking in the mountains out of cell service range. it was a responsibility to look at the community. leading me to leave my law firm. assisting in the prosecution of a violent gang. coming down to the district of new york. took over a public housing project. the hardest job we face is persuading mothers and grandmothers.

if they testify, we would be able to keep them safe. convicted the gang members. big domes that they could trust. the rule of laws would prevail. years later when i went to oklahoma city to investigate the bombing of the federal building, i saw up close the devastation that can happen when someone abandoned thetice as a way of resolving grievances and instead takes matters into his own hands. once again, i saw the importance of victims and families the justice system could work. we promise that we could find the perfect traders. we would bring them to justice. we would do it in a way that honored the constitution. the people of oklahoma city gave us their trust.

we did everything that we could to live up to it. trust that justice will be done in our courts. without prejudice or partners step. people must be confident that a judges decision is determined by the law and only the law. a judge to be worthy of such trustee or she must be faithful to the constitution. to both statutes passed by the congress. he or she must put aside the personal views or preferences and follow the law. not make it. is the hallmark of the kind of judge i have tried to be for the past 18 years.

the senate sees fit to confirm me to the position for which i have been nominated today, i promise to continue on that course. mr. president, it is a great privilege to be nominated by fellow chicago in. i am grateful beyond words for the honor you have the stowed upon meet. [applause] stuart: you have just heard president obama introduce the supreme court nominee. you heard judge garland himself. judge napolitano is with me now. i was surprised to hear him say anything fair. it sounded a bit like he was lobbying for the job. >> it sounded like an emotional plea for the propriety of his nomination. obviously, something that the white house wrote or the white house approved. highly unusual for the nominee to engage in any kind of public

lobbying. should really be behind the scenes with any members of the senate. regulated by the candidates of judicial ethics about what he or she may say or may not fan public. highly unusual. i was quite lisa prize. okay. the microphone is yours. the president knows the republicans. such an acceptable nominee. stuart: judge apologized all, thank you very much indeed.

we will not be considering these. dragging the supreme court into the atmosphere. turning it into a political football. no to that. preserve the integrity is of the court. the senate judiciary. 1987. controlling the senate. >> literally about the team-16 minutes. taking to the floor of the senate. tammy, do the republicans pay a political price if they reject this judges nomination? >> i do not think so. they said no before anyone was named. he does not want judge garland to be on the supreme court.

he knows what is going to happen here. the expense of judge garland. a political fight in this way. it is not necessarily going to be the nominee. we have judge napolitano. this exec's zach way why -- this is exactly why. stuart: i do not think that they hate president obama. >> okay. a lot of people hate president obama strongly. how about that. thank you so much, everybody. i am sorry about the shortness of time. looking at the market. absolutely no change in the

market did we are still up about 20 points. as for the price of oil, still around dirty $7 a barrel. it is up this morning. that is another story. spiking. $1.95. this has gone up sharply. the refineries are changing over to a different blend. we would like to do this for you. new jersey, surprisingly enough. what do you think is the cheapest gas in all the land? it is up in tucson arizona. it is at $1.33. a fine state. our next guest organization has been called out by donald trump. his speeches are being asked or less. club for growth.

what is your response to mister trump who says you are disappointing extortionist. thank you, stuart for letting me come on and debunk his ridiculous allegation. he knows that he invited me to his office and offered to a the ur posted trauma. stuart: trump come another. that is for growth. >> you are exactly right, stuart appeared he would be a disastrous nominee and a terrible president. stuart: apart from that, doesn't he have a very good taxcutting

plan? tax cuts for individuals, corporations? he does want to stimulate private enterprise. he does want to grow the economy. he's got a plan. >> i think some good economist, art laffer and others put it together for you. you are right about that. as recently as a few months ago he was sane at the circumstance was right he would raise taxes trillions of dollars. we don't know what he will do as president. the plane is a good plan. stuart: what is your fundamental objection to donald trump as president? >> it really is at its core is not a free-market conservatives. anybody who discovers conservative values as they run for president, but for years has been for tax increases, government run health care, destruction of private property rights through eminent domain abuse. that is not a conservative by disposition. if he was to get the nominee, we could endanger a lot of the down ticket races, including the u.s.

senate. your segment on the supreme court nominee points out how important it is for republicans to keep the senate and donald trump makes that very difficult. stuart: big your unbridled opposition to donald trump if he were to be the nominee, your opposition is so strong you could be looking at hillary clinton as the next president. not much growth there. >> you are absolutely right. i would never support hillary clinton. she's as bad or worse than donald trump. they will tell voters the truth about the record as being much more comfortable with the democratic policies and most of the economic issues. stuart: down to a three month race on the republican side. trump, cruiser 79. would you like? cruz or kasich? >> we have said for a long time

cruiser rubio for the gold standard. cruise is by far the most authentic conservative on free-market issues. kasich i have served with him. he didn't balance the budget. he is not like trump where he is just a liberal. but he expanded obama kerry tried to raise raise some taxes in ohio. he didn't rate is highest at cruz and i think you will see growth support, their members preferring ted cruz. stuart: donald trump will come right after year right after you when here's what you say. >> i've got used to it. i started to wear a steel plate on my back because the arabs keep coming. we will keep telling the truth. stuart: david mcintosh, thanks for joining us. >> thank you, stuart. stuart: it has been a huge political day. supreme court nominee. we've got it all for you. full details, just one moment.

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stuart: hillary clinton won four states last night and that included ohio. any democrats in ohio has gone for donald trump instead. look who is here. paprika ferro, a democrat. welcome. >> happy to be here. stuart: you can't win the presidency unless you win ohio. >> you certainly cannot. it's important the primaries. in 2000 nationwide by 10 points against barack obama. she certainly does have an existing infrastructure in the state of ohio. at the electorate has in eight years. stuart: she said cole mining jobs -- a lot of coal mining jobs in ohio will be shut down. >> i can imagine that it helped. in eastern ohio from ashe county to the rivers, donald trump

actually won. i believe what we have seen in the turnout is the reason that donald trump won those counties in eastern ohio is because of his message on trade, because of his message on the economy and immigration. stuart: what are you going to do about this? >> i'm not running hillary clinton's campaign. what am i supposed to do about it? stuart: hillary looks like she's going to be the nominee. you're a democrat in ohio. are you going to support hillary clinton? >> i voted for hillary in the primary three weeks ago. we have to see on balance who we are looking out of the nominee. i'm a democrat. i'm talking about both sides. on both sides of the equation. on the former minority leader. there are certain things i hold very dear in regards to some of the social policies. that's why i'm a democrat.

but i am also very moderate when it comes to issues of growth. as jack kemp within a progress democrat, so i like to see a little bit of balance. stuart: the obvious question is do you see yourself supporting donald trump? >> you get a lot of support from ohio. stuart: are you going to run away from the democrats and hillary imus program? >> you are putting me on the spot. >> i support them as a person. i wish them the best of luck to stuart: is he a nice guy in private? >> he is, absolutely. stuart: are there to donald trump, the big guy who belittle everybody in public. >> that's all i can vouch for. i know his daughter as well. stuart: hold on the second. i want to go to mitch mcconnell and the florida senate the senate responding to president obama's nominee for the supreme court. >> -- and the nation would have to pay for what assuredly would be a bitter fight no matter how

good a person is nominated by the president. chairman joe biden, consider that last part. senator biden said the cost to the nation would be too great no matter who the president nominate. president obama and his allies may now pretend this disagreement is about a person, but as i just noted, his own vice president made it clear it is not. the bible reminds us that the decision the senator announced weeks ago remains about a principle and not a person. about a principle and not a person. it seems clear that president obama made this nomination not with the intent of seeing the nominee confirmed, but in order to politicize it for purposes of the election.

which is the type of phase then senate judiciary committee chairman biden was concerned about, the exacting chairman biden was concerned about. the biden role underlines that what the president has done with this nomination would be unfair to any nominee and more importantly the role warrants is a great cost the president's action could carry for our nation. americans are certain to hear a lot of rhetoric on the other side in the coming days. but here are the facts they should keep in mind. the current democratic leader said the senate is not a rubber stamp and he noted that the constitution does not require the senate to give presidential nominees a vote. that is the current democratic leader. the incoming democratic leader did not even wait until the

final year as george w. bush's turn to essentially tell the senate not, he said, not to consider any supreme court nominee the president sent. the biden role supports with the senate is doing today, underlining that what we talked about as a principle and not a person. so here is our view. instead of spending more time debating an issue where mccain a great, let's keep working to address the issues where we can. we just passed critical bipartisan legislation to help address the heroin and prescription opioid crisis in our country. let's build on that success. let's keep working together to get our economy moving again and make our country safer rather than endlessly debating an issue where we don't agree.

as we continue working on issues like these, the american people are perfectly capable of having their say on this issue. so let's give them a voice. let's let the american people decide. the senate will appropriately revisit the matter when it considers qualifications of the nominee the next president nominate, whoever that might be. stuart: okay, now a little bit what we heard from mitch mcconnell sounded suspiciously like no way, not in a happen. there will be no hearing on judge merrick garland, just not going to happen.

now, whenever talking during the conversation turned what was going on there. and if the republicans, as they will, they will come it turned on this nominee any hearings whatsoever. ashley: be careful what you wish for a summer for a summer thing. it could rebound badly. republicans may be taking a poor choice if they were to turn around and say yes, we will accept judge garland. they will be getting a 63-year-old man who is kind of middle-of-the-road and that means they would not be getting a radical. maybe 30, 40 years of hillary clinton with the president. i wonder if this is the right move for republicans politically. you say no. ashley: and now, if hillary clinton becomes president, we cannot imagine what kind of nominee we would have. this is interesting. a bit of a surprise, very smart political move by president

obama. ashley: what orrin hatch and mitch mcconnell are saying, if it is allowed to proceed to hearings, they will be extremely rancorous. it could threaten the integrity of the court. the court could then become politicized after the nominee. mitch mcconnell just said at the outset vice president joe biden in 1990 to give a very lengthy 20,000 word speech pain effectively what is now known as the biden role. or supreme court nominees in a presidential election year. it's way to rancorous and politicize the supreme court. stuart: you are putting the other side of the coin which is no, don't hold hearings because they will be so extraordinary that they would hurt the supreme court and they would come right in the middle of a presidential election. so it would file up the whole. there are two sides to this that i think president obama probably wins politically.

transport even though he had mr. attribute and is putting forward the nominee. they hearings will become much more rancorous in 1987 when the democrats controlled the senate. stuart: judge napolitano, are on judge says this is the most conservative judge proposed to the supreme court by a democrat since fdr's day. president obama went out of his way. the president came up with a nominee who is very acceptable to a lot of people. he got seven republicans voted find out just. transfer he was pointing out there have supported last week. interesting times right now. stuart: we live in interesting times we had no response on the market with the weather. that is it. that is called dead flat.

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president obama nominating judge merrick garland to the supreme court. i was a scene in the rose garden a couple minutes ago. republicans have now said no way, they will not have this man in front of them to answer any questions. on the markets, absolutely dead flat. why would that be? everybody's waiting for this afternoon at 2:00 eastern on to find out what the federal reserve will do about interest rates. no way they will raise rates but the market is more interest at at 2:30 when janet yellen begins to speak. they dissect every word for it and connected with the market. stuart: your three seconds to say something. transfer which is why alan greenspan spoke in hieroglyphics. stuart: more "varney" after this.

stuart: you know, i really feel i could figure for another three, four, five hours is the

story in the news of the day so intriguing and fascinating. election results from last night with the nomination of the supreme court, the fed coming up this afternoon. my time is up and neil cavuto insists on taking it. go, young man. neil: is not really. there's a great steak restaurant next door if you want to go. doesn't seem like you're leaping at the opportunity. thank you very much. we are waiting to see the fallout of the president making a move on the supreme court. supposedly dead on arrival when you hear republicans tell it. orrin hatch is here to tell us exactly why that is the case. remember, orrin hatch and the president cited moments ago in making his case. >> republican senator orrin hatch was then chairman of the judiciary committee supported his