>> my thanks to my panel. dagen always a pleasure, stuart varney take it away. stuart: i shall. good morning everyone. today you're going to see business, that's private enterprise confronted. all across the country. it is the $15 an hour minimum wage movement, you're looking at it right now. this movement has morphed into the democrats presidential campaign. bernie sanders and hillary clinton going all out to criticize and demonize business. the banks, the billionaires, wall street, they're the villains and you will see this play out today. meantime, wall street continues

its rally. 90-odd points from 18,000 and about what, 400 points from record highs. the economy is slowing, but, hey, janet yellen has wall street's back, up she goes. liberal candidacy lunacy deplore university. trump in 16 is offensive, hateful and divisive, all chalk signs banned. pathetic. instead, watch this, kobe bryant's goodbye game, 50 shots, 60 points. i say they gave him the ball quite a lot. i think he deserves it. 20 years in the game. what a guy. "varney & company" is about to begin. ♪ well, look at this, two big back to back gains and we're going to open higher yet again this morning. stocks have really been on a

roll. those back to back gains, the last couple of days, i think they add up to 350 points. right now we're in shouting distance of 18,000. to be precise, we're 92 points away, we're going to open up 20 of the points. how about chipotle, an upgrade from j.p. morgan, that stock was clobbered by e. coli, but it will be up from 444 up to about 457. up today chipotle. how about oil? still above $41 a barrel. oil up, stocks up, got that relationship going, opec sees lower demand. 41 oil. and all across the country the left will promote the presidential campaigns of bernie sanders and hillary clinton today. protests scheduled. this is the $15 a power minimum wage movement. a back drop to the less confrontation with business. what have we got on the

protests? >> fight for 15 campaign, today is called a day of action. 300 cities, they claim. this is interesting, 40 countries, six continents. i would imagine $15 in other countries is pretty darn good. it's not just the fast food workers, we're seeing mcdonald's squarely in the target here, but airport workers, adjunct professors, teaching, nursing home workers, you know, all of these different industries targeted, saying you've got to give us a minimum wage of which we can live on. stuart: confrontation today all across the country. >> all across the country, the world according to them. stuart: intense politics in new york, especially among democrats. they're gearing up for the primary. bernie sanders joining strikers on the picket lines. talk about confrontation. >> trying to destroy the lives

of working americans. thank you. standing up for justice. stuart: and ashley and i were laughing there because we remember like 1952, great britain, the steel workers. ashley: oh, yes. stuart: governor mike huckabee is here and he's got a smile on his face, he usually does. look, the left is encouraging confrontation. it's not just a-- this is confrontation that's being proposed all across the country today. down with private enterprise, governor. >> well the irony is if donald trump had gone out there and said we've got to take it away, just go and fight them, then he would be accused of inciting a riot and encouraging violence. so once again, there are two totally different sets of standards. one for the democrats, one for the republicans, and this is just another example of it. what bernie didn't tell them was that part of the reason

that costs are going high and outsourcing is becoming increasingly prevalent is because government regulations that force companies to provide health care benefits, specifically tied to what government wants rather than what employees need, taxes causing companies to look for inversion mechanisms, all of these things are government-created problems that the free market in many cases would help correct. stuart: it was the tone that got to me, that that sharp-edged aggressive, go get em nasty people tone. that's what i heard from bernie sanders last night. that was yesterday on the campaign trail. how i want to play a clip from one of bernie sander's tv ads which were played widely on new york stations. remember, the new york primary is next tuesday. roll that ad, please. >> ♪

♪ >> frankly, i thought they were brilliant. i thought they were terrific. i thought they were extremely well done. all sweetness and light, unity, happiness. before we go back to the governor, tamara holder is sweetness and light-- >> and i take my hat off to wh whomsoever made those ads, they were good. i wasn't ready to vote for bernie-- >> you're closer. stuart: it has nothing to do with the reality of socialism, does it? >> yes, it does. stuart: no, it does not. >> yes, it does. all of these people are upset. why are they upset. stuart: they hate the banks, they hate the rich. they're fired up on jealousy and rage. >> nobody hates the rich. everybody wants the opportunity to be rich. everybody wants the opportunity to not be stuck in debt.

stuart: i know these people. ashley: they hate. stuart: i have experience of socialism, you don't. i know how they feel. >> have you been to the protests? i would love to it go to the protests, do you hate me because many' rich or hate me becau because-- do you hate me because verizon as the workers overseas and-- the challenge stuart varney. stuart: if i went to the rally downtown last night and i carried a fox microphone or a trump sign, i'd get beaten up. ashley: i've had it happen to me. they're haters. stuart: these people are haters. >> they're not haters. have you seen the trump rallies where people get walked out. he's not a hater. do you see any violence in that. i think i'm looking at the same screen you are, there is no hand to the face. stuart: governor huckabee has

been listening to the altercation, am i right these people are haters and lowering the tone of the entire conversation and campaign. am i right, governor? >> don't listen to him. >> if you make it us against them or zero sum game where somebody has to win and somebody has to lose, you create the conflict that we're seeing. i think that bernie stoked that up. i love bernie's ad, but hillary will have her own ad and simon and garfunkel and it will be "sounds of silence". [laughter] >> sarcasm is a low form of wit. and tamara, we'll get to this. during the show yesterday we announced the news that russian he ship. ed the u.s. ship.

and we know that america's going to have a diplomatic response to this, but what do you think our response should be to the russians now? >> well, i'm sure obama will send a strongly worded letter and he might even send one to the u.n. what we saw in this russian fly-by which was incredibly dangerous, what we really saw was almost a remake of the movie "back to the future", in this case, vladimir putin is biff and president obama is marty mcfly, the pre michael j. fox infused marty mcfly and the result is you've got a putin who bullies his way, he knows nothing is going to be done. and putin has gone with the pre war, probe with a bay onnet, if

you hit mush, keep pushing, he keeps hitting mush and keeps pushing e thank you, governor. >> you bet, thanks. stuart: total change of subject. what a night for basketball, kobe bryant ended his 20-year stellar career with a 60-point gain. just watch this. >> 60 points. stuart: whoa. you didn't see it there, but kobe hit the winning game-- winning game, winning shot. he got the winning shot, is that right? thank you very much. [laughter] >> look, i think that his teammates gave him the ball a lot and gave him the opportunity. i don't see anything wrong with that. >> no, he's devoted 20 years to the game and-- >> all with the lakers.

>> and he had such a terrible season, so might as well increase his final stats because the season wasn't so good for him. stuart: i wanted to get you back on with sweetness and light and you came through for us. >> i am. that's my job. stuart: i've got to do the next section, okay? question, do you think donald trump needs 1,237 delegates to win the nomination? think again. coming up next, the rnc rules expert who says he might only need 1100.

>> we're never going to stray far from politics in 2016. we're going to get right to it now. rnc member randy evans predicted yesterday that donald trump would probably be able to secure the nomination if he captured 1100 delegates. not the 1237 that we thought he needed. randy evans is right there joining us this morning. sir, do you mean 1100 delegates on the first ballot, good enough for the nomination,

that's what you're saying. >> no, you still have to get 1237, i think if he gets to 1100 pretty convincing, he'll get the other 137. about 150 to 200 unbound delegates and the band wagon effect will take over. everybody wants to be with a winner, if he gets that close, he'll be close enough to be the winner. stuart: so it's the momentum. you get 1100 there's momentum on your side and hard to turn away a guy with 1100 delegates? that's basically it? >> absolutely, if you're 80 to 90% of what you need there will be people looking to be on your campaign team. having been through other campaign cycles before. gerald ford, or obama, the fact of the matter is once you get that close, plenty of people willing and wanting to jump on ship and push you over the line. stuart: one second, randy, if you would, break away, we have reports that the trump camp is

organized, that they are missing deadlines in this primary process with the delegates. ash, what's going on? >> if quite a few states, it's quite shocking, virginia, for example, a state where donald trump actually won the primary, but he's missed the deadlines to assemble the list of delegates. however, ted cruz has candidates in 10 of the 11 districts. in other words, he's got a great ground game ted cruz, even though he's losing the primary, he's hustling getting delegates lined up and donald trump who is complaining about the system rigged has not played, you know, within the rules. he's missed the deadlines. stuart: randy evans. >> he is absolutely right. stuart: nobody is breaking the rules here, it's just that ted cruz is playing under the rules better than donald trump is playing under the rules, is that accurate? >> stu, you're absolutely correct and it's shocking. you would think after louisiana where he overwhelmingly won the state and ended up splitting

the delegates, he would have realiz realized, this is a a technical archaic and arcane. when we missed the deadline in virginia, i think that that trump is learning that this year. stuart: randy, thank you for straightening that out. >> sure thing. stuart: breaking news, it's from the nfl. the tennessee titans trade the number one overall pick in the nfl draft to the rams. i have no clue what this is about. ashley: that's a very interesting development, having covered the tennessee titans for ten seasons in nashville, i'm like what the heck are they doing? >>. this is a team that struggles season after season after season not even close to a playoff spot. i have to see what the strategy is here, very interesting. stuart: that's interesting to anybody who looks at football. ashley: you've got the number one draft pick and you trade it to the rams of all people.

stuart: it's a big deal? >> i think so it is. stuart: i want to get back to the trump campaign. ashley: let's do it. stuart: because the campaign manager, corey lewandowski is not being prosecuted. more, please? you again. ashley: me again, we'll find out officially according to the florida state's attorney office at 2 p.m. eastern this afternoon. the word from multiple sources there will be know he battery charges filed against corey lewandowski, back to an incident back on march 8th where a reporter, michelle fields, said she was roughly pulled back by the arm while she was trying to ask a question of donald trump, by lewandowski. stuart: i'm scanning the other news channels and no one is seeing the nfl draft thing. ashley: no one cares or we're so ahead of the game. stuart: two british guys talking about the nfl. hillary clinton, i'm going to say a bizarre speech at an al

sharpton event. she says, white people need to be very aware of themselves when talking to african-americans, condescension, anyone? in new zealand. a popular octopus inky escaped. it's left over and he escapes down a drain pipe, the six inch pipe to the ocean, inky the octopus is gone. he is as ashley said, the el chapo of octopi. thank you. more in a moment. ♪ here's the plan. you want a family and a career, but most of the time you feel like you're trying to wrangle a hurricane. the rest of the time, they're asleep. then one day, hr schedules a meeting with you out of the blue.

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now, listen to hispanic's speech at the same event. roll tape. >> white americans need to do a much better job of listening when african-americans talk about the seen and unseen barriers you face every day. we need to recognize our privilege and practice humility, rather than assume our experiences are everyone else's experiences. stuart: now, i thought that was condescending, that white people have to speak to black people in a different way to remember our privilege. tamara holder is still with us. look, i'm saying flat-out, i thought that was condescending and you say? >> i say wrong word choice, i didn't like the speech. i thought it was out of touch. stuart: to? >> america, it's offensive, it is offensive because as a white woman who works in an african-american community for 11 years inner city chicago, i

understand there are things i can and cannot say where i could be called a racist, when i called a group of guys a bunch of thugs, all of a sudden i'm a racist when they were thugs, flat-out thugs, it had nothing to do with their race. the thing is, hillary is separating whites from blacks in a speech where she should talk about america and yes, we have these issues, but we're together as-- we're supposed to come together, it's a very divisive speech. stuart: was it not pandering to the vote? >> i think it's desperado. it was not a warm speech. stuart: i agree with you entirely. stuart: incredible. there's excitement in the market today. we've had two back to back rallies. i promise we have a fancy graphic.

it's the real deal. minimum wage protesters targeting businesses across the country. mcdonald's one of them. bernie sanders encouraging them to confront what he calls corporate greed, otherwise known as profit. more varney in a moment. ..

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stuart: thursday morning coming up two days with 92 points away. the bell is ringing. both of those exchanges and three seconds, trading will begin. we are in a gain of 12 points. very, very -- 3.6, seven. now we will bring an ashley webster, cheryl casone another 11 in chicago and dr barton write your new year. 92 points away from 18,000. i have read your notes. you said you were going to stall right before we hit 18 k. i think he said 17,977. that's ridiculous. >> you know me as a numbers guy. this is another one of those numbers. we have some term technical resistance and we've gone up so

far so fast since are those in february that the market i think we'll just not have enough gas to get through the level. it's a real traders market this yo-yo diet market as i heard one of your colleagues say this morning. stuart: i don't get this. the markets on such a roll. why is it on such a role? it's been a fantastic rate. is it just a fad in oil prices going up? is that it? >> i believe the fed gave us the happy juice to do this. if you look at what we've been doing over the past three and a half, almost four weeks we've been in the type order point downrange for the markets have been kind of happy but at the top of the page to be fair. dream to larry bevan, come into this. i find it hard to believe this is all about janet yellen at the fed and/or the $41 a barrel. we get almost $18,000 on the

dow. >> yeah, unfortunately it is. we've had a very tight range in the 400-point range. i do want to take the other side. i'm right there with him. our timing is a little bit different. the market will get a little past 2000 fall back to concern about the earnings. without bank of america appeared with got to keep an eye going forward. >> 17,925 is where we are. quick check of chipotle, please. that is different from jpmorgan. the stock is up 15.. >> they are going to upgrade this stuff to upgrade the stuff from neutral, saying that the price target also been raised to 510 )-right-paren trading around 460 was originally their price target. that is a big jump. interestingly, jpmorgan saint food illnesses have cost to pull a three years worth of earnings. despite all of that, they

believe they can get it back on track. stuart: maybe they believe chipotle had a bottom. maybe that's the story. >> in october we talked about three to six months as same-store sales drop after you have an incident in >> they put guacamole on cheese on salads. what else do we need to discuss? stuart: the bottom is what we need to discuss. the profits lower. they are bank of america and wells fargo. nicole, the numbers please. >> it's terrible. people have these in their 401(k)s. we have bank of america relatively flat. wells fargo down 1%. bank of america saw profits tried 18%. what happened in the good feeling we had yesterday wherewithal revenue doing matter. give us a glimpse of an outlook that same defense. right now you are trying to get

back to america but this group is beaten down this year. goldman sachs down. stuart: the banks are being beaten up this year. beaten up by the authorities. that will be my tape. big names. we've got them every day. apple, netflix, microsoft and google appeared to welcome, two down. 5540 i. microsoft right now. facebook going to roll out the new wi-fi service of which facebook says it's going to be a lot faster. i don't understand that, but you do. liz: you can get wi-fi in a lot of places. they are choosing san jose, california which is silicon valley. they will start attaching mailboxes to light poles so you cannot hotspots all the way around san jose by fast wi-fi. facebook is really trying to

stay relevant. they've got a lot of competition. they need to make some more money. stuart: facebook is trying to stay relevant. they are relevant. they are the technology company of the year. liz: but if you follow the teenagers and twentysomethings, other places they are going. stuart: eye of twentysomething children. i followed them closely. >> they are claiming in the big urban areas, more people will get cheap wi-fi by their initiative. >> i like facebook. look at go pro. they have a design guy from apple way up yesterday. >> today is taking some profits. it was up 18%, 19%. he was a big member of the core apple team for over 20 years designing in parts of the ipad, iphone. they made him vice president of

design for go pro. the markets yesterday about the mess, whether this one individual can deliver the kind of expectations we will see. stuart: keep an eye on the dow. it is barely -- adjust or negative. we are down just a tiny fraction. 179 to be precise. big names, watch them all the time. peer one. they gave a downbeat. 12% lower. we'll escape a close eye when the stock is up 40% this year, up $1.16 a day approaching $100 a share. higher profits of delta airlines. 2% at 49 adults. different story at black rock. it reported lower profits. two dollars on a $346 stop. that is not much of a decline. wal-mart company's development they are. they are expanding their curbside grocery pickup to eight more markets.

suppose that could hurt amazon. ashley: occurred. expanding service, also doubling locations in existing markets. essentially you can order online. you can order on mobile. you can set a time that. you don't have to get out of your car. it's great for moms with kids in the car. there's no additional fee for it. it serves as a small and medium-size city out there where some of the other services just go to the major metropolitan areas. this is a good niche area. >> i think that is the key. amazon now going after big urban areas. wal-mart claims to have five miles of 70% of the u.s. population. stuart: the fight for $15 minimum wage. i think we have life shot. where is that? san francisco trying to? san francisco trying to organize a demonstration there.

most of the protest that i've seen so far have gained several hundred people. that looks to be about the size of the one good look at now live in san francisco. bernie says stand up to corporate greed. >> this is why millennial slug earning. the protesters are very organized. they have been going since dawn today in particular against companies like mcdonald's. remember there's a lot of money behind these protests. that's a community organization out there. this is union trying to get membership. stuart: they are all coming together to support hillary and bernie. and a confrontation with private enterprise. it is a confrontation. the union has spent $20 million in 2015 allowed. cheryl: that is the crime.

ashley: the employees like seattle for one come and play benefits being cut back like 401(k), paid businesses because they can't hire new employees. and putting small businesses out of business ultimately more jobs will be lost. stuart: go to an airport restaurant. the staff is down to zero. you order an ipad. that is what you do. it's universal. the waitstaff is way down. fifteen dollars an hour. quick checkout. what is this? $300,000. fifteen dollars an hour minimum wage. cheryl: every most important stories of the morning. those are diamonds. this birkin back sold for 300,000. this is the actual pictures.

a sky diamonds and white gold, nearly 300,000. the two gentlemen bought it as an investment. they knew they were going to resell it. they kept it in pristine condition because these are very valuable and in particular the chinese love these bags. we don't know who the buyer is. >> because they make a bunch -- stuart: check the big board. we are dead flat. we'll been a little bit higher, got 14, 15 points. down to 17905. how about this one? a secretive men's club at harvard university is under pressure to allow women in the club is refusing. a surprising reason why after this. ♪ thanks for doing this, dad.

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stuart: new national polls out this morning. donald trump still has a commanding lead. this is a national poll. ashley: cbs national poll. here are the numbers among the gop. donald trump with the latest numbers of 42. ted cruz at 29% in kasich in place at 18. the same poll last month had a 20% lead over ted cruz. that is tightening just a little bit. very conservative voters. those with incomes over 50,000 in that particular group is shrinking in favor of ted cruz. still have a 13.8. stuart: thank you very much. harvard men's club will not admit women. here is wide and i'm quoting directly from the statement they put out.

forcing single gender organizations to accept members of the opposite sex could potentially increase, not decrease the potential for misconduct. all rights, judge andrew napolitano is here. that may explain this. >> you better. if it is a men's club and their face at the possibility of admitting women were forced to admit women, they are therefore increasing the likelihood of a lawsuit because of the men in this day and age holds the hand of a woman on a date without first asking permission, that is an insult. and come the lawyers to see what you get when you've lawyers start to negotiate and litigate our most intimate and personal relationships. i've had my say. you have yours.

>> you know, it's interesting. the state of massachusetts -- i didn't know this, but there's many secretive. i secretive i made the membership rolls are secret. all-male societies at harvard in existence since the time of the american revolution. many of them are more modern and origin. every time someone complains, either a male who can't get in or female who can't be considered, they investigate and take the same position h. time. it's a private group and we have no jurisdiction over it. they can make their own rules and decide who gets in. that is not the law in every state. in new york where we are, the law is 400 or more members, secret or not. you must be open to both genders. why harper does what it does is as mysterious to me as to why the london school of economics does what it does. stuart: the real story here is that lawyers, the law is now

controlling intimate relationships. >> i absolutely agree with you. it should not. it's gotten so sensitive, particularly on college campuses. the only way this group in a similar group escaped the regulation of harvard is by being off campus where harvard can't regulate them. so harper doesn't break today. all undergraduates in the state of massachusetts doesn't regulate the case they are secret and private and they don't perform any public function. freedom of association and the first amendment should keep the government away from them. stuart: we are in agreement that the law should not be in the middle of an intimate dating relationship. >> absolutely. stuart: would have been no means no movement. now we have the yes means yes.

if the young lady -- if it's a young lady, the young lady must be asked, may i hold your hand. failure to ask that question when she says gas is an assault. next case. that is outrageous. >> that is insane. i can imagine -- i can imagine that the failure to say yes is criminal. this is almost like the cory lewandowski michelle fields thing. first they are like get her out of the way of donald trump and the ants of a criminal defendant. thankfully that was dropped. not everyone consented to touching as any of business of the government. stuart: you are all right. come back. i went to check out pictures from japan. a chimpanzee escape from the zoo. >> i have this story. there it is. a male chimp escape from his

zoo. he was on the loose for a couple hours. the escape goes straight up the electrical pole. he is shot with a tranquilizer dart. he will eventually fall to the ground in a blanket. look at that video. the question is how did he get out. >> it was worth the 302nd video. next case. president obama says we are gaining momentum in the fight against isis. a top general disagrees. he says with a 50,000 troops and we can take them out. more on that in a moment. [dad] i wear a dozen different hats

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call now to request your free decision guide. and learn more about the kinds of plans that will be here for you now - and down the road. i have a lifetime of experience. so i know how important that is. stuart: president obama says we are gaining momentum in the fight against isis. one of the top generals in the army disagrees. roll that tape. >> i haven't got it to give your number, but i will tell you it is a big number. the bigger the better. but that is what the coalition of capability. stuart: there you have it. 50,000 coalition troops could eat isis. the share of the threat knowledge group and the author of this book, defeating jihads.

that is interesting. we've dealt with an army general 50,000. you've got a bigger picture thing. defeating jihads as a whole. was the first thing we do. >> the latest in a long ideology which is global jihadist them. get politics out of the threat assessment. the mumbo-jumbo that we can't talk about religion. they are just unemployed kids. be honest and get the politics out of the assessment. >> we are not doing that now. >> it is her bid in an military trading be then used the word jihads. since the white has been either years ago but got to empower the local act or is. this is a war that are sunni allies have to win. the egyptians and jordanians. we don't want to be the face of it, but we should have guys on

the ground training in rising. the enemy must be crushed by the sunnis. >> when we tried to train and encourage, it's not work. >> we are doing it incorrectly. we don't understand the enemy using flawed perceptions. the good thing as the locals don't trust us anymore. after the last seven years i worked closely with the and. they do not believe we are on their side it very hard to convince people decided they don't believe we are in perfect to read. stuart: we need a little change to do that successfully on the ground over there. >> way. we have to rebuild bridges burned in the last seven years. stuart: you've got two three steps. >> we have to support those brave muslims who are already pushing back in the ideological sphere. when they do jack counterpropaganda push. all performers who are already trying to undermine jihadist. stuart: this is a nice

interesting three-step process. you are talking years and years and years. >> you could actually defeat ice within two years that the rest to stop other groups coming up would be a perpetual push back. communism took us how long? 40 years. it's going to be generational for the others to stop recruiting guys. but we could polish them off if we had leadership. stuart: one must question your appeared you and i have covered that extensively. both of us on the same page. we think europe is hopelessly split and in terminal decline. put a timeframe on it and tell me what is the endgame with the migrant crisis. >> i've. >> i set for sometimes the e.u. has maximum five years left. there are nations like poland that it's had enough of this. what are you doing? political integration is not an excuse for suicide. with the migrant crisis, that is what you're doing. i expect to see either a

break-in to two different users simply the whole thing collapse. stuart: thank you. sebastian gorka, thanks for the autograph. >> my pleasure. what with god. and the 10:00 hour, hillary clinton waging war on gunmakers. she says that she is president they will be liable if someone is injured or killed with one of their guns. the former top nra guy joins us on that one. an historic night in los angeles. kobe bryant finishing his career on a high note. the first one-on-one interview right after the me. back in our "varney & company" is two minutes away.

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>> whoa, we are coming up on 10:00 on the east coast. what you're looking at now is minimum wage protest. this is from new york city earlier today and across the country you're going to see stuff like that. $15 an hour, the minimum wage is what they want. democrat candidates for the

presidency encouraging what i call confrontations with private enterprise. on the markets, not quite dow 18,000, not yet. the dow is slightly lower this morning. yes, we do have fancy graphics, all ready to go if we hit 18,000. new this hour, the national rifle association responds to hillary clinton who says gun makers should be held liable for gun debts. and then we have kobe bryant wrapping up his career in style and we have an exclusive post game interview with him. yeah, hour two starts now. >> ♪ everything in america, when it comes to achievement and accomplishment and success is not about race.

stuart: that was interesting, wasn't it? armstrong williams, a columnist well-known at al sharpton's event in new york city, and he was booed to are what he said. joining us, success is not all about race and the crowd booed him. >> the messenger i think was booed. he's a talented and celebrated columnist and a very outspoken conservative and i believe that for many in the black community or those that feel like they identify with it, they feel like sometimes conservatives or republicans have a blind spot around institutional racist things that are realities. i think his point should be taken and appreciated because everything does not boil down to that. certainly everybody doesn't have the same work ethics, don't have the same values, goals and educational trajectories. those things should be considered. on the other hand, opportunity should be equal.

stuart: what about hillary clinton, on the screen last night at the national action network meeting. she says white people must be very aware when they're talking to a black person, speak to them in a special way. i thought that was wildly condescending. >> i think that is condescending. stuart: from my point of view. >> i agree. again the messenger mattered. i don't know what hillary clinton means when she says a special certain way, what are you implying? >> and white people must bear in mind the privilege which she says we have and bear that in mind when we're talking to people who don't share that privilege who are black. >> i think that certainly no -- know thy audience. i think we should know, white, black, regional, but to imply that black people should be handled with kid gloves, i don't know what-- and what is hillary clinton saying it that gives me pause. stuart: that's an ugly word.

if say she was pandering to the black vote, that's what she was doing? >> and that's no different than when donald trump-- and they pander to certain blocks to get into office and we have to expect it. stuart: do you think that al sharpton has clout? can he shift a part of the black vote? >> the older segment, i would say, yes. i do not think that young voters are listening to al sharpton. we're looking for new leadership. he represents the leadership of an old day. stuart: can you see yourself voting for berni hillary clinton? >> i'm not voting for hillary clinton, i said. stuart: she's going for trump? >> and she's still in my trump and still in my analysis portion of that. i'm looking at my columns, my pros and cons columns. stuart: come back and tell us

when you've made a decision. thank you very much indeed as always appreciate it. i want to move on to the fight for a $15 an hour minimum wage. nationwide protests on the cards today. worldwide i should say. the democratic candidates are urging on these protests that be, again, i come back to my point of view. i think they're urging a conversation with private enterprise, what you get from the left these days. former senator evan bayh is here, you are a democrat and i say the party has left you behind, it's gone way out on the left, urging confrontation with private enterprise and you're left behind. what do you say? >> well, stuart, i would observe that these protests aren't organized by the democratic party, they're being organized by organized labor and other groups. >> on behalf of the democrats. >> it's true as you say the democratic party has moved somewhat to the left compared to the days in the 1990's and all of that sort of thing, but back then we had an approach to

dealing with this issue that i think works better, it's called the earned income tax credit. for someone that works 40 hours a week, works hard, they get a tax credit to bring that up to a livable wage. by doing it that way you don't put pressure on employers to cut labor and cut jobs which disproportionately affects young people and particularly minorities. stuart: that's a fair point to make, but right now you've got both leading candidates who are engaging in a confrontation with private enterprise, almost competing who can regulate and beat up private enterprise the most. that's not the party that you grew up in, surely. >> well, i believe in free enterprise and in working with employers to attract investment and create jobs and that's the best way to raise wages over the long run. it's unfair to lump our candidates there together. this is the first time that senator sanders has run as a democrat. up until now he's been a socialist. mrs. clinton believes in capital, the best way to create wealth in our society, she

thinks there are rough edges to be dealt with, but in a somewhat different place than senator sanders. stuart: mr. senator, may i ask you to stay there for one second. i've got to break away for other news. check the big board. we're 35 minutes into the session, we're not close to 18,000 now, in fact, we're moving lower, we're below 17-9. how about the price of oil? holding amount 41.80, roughly thereabouts, that's the price of oil this morning. opec sees lower demand. and here is tier one, what happens when you give a down beat outlook, pier one. it's taken to the wood shed. how about gopro? they poached a design guy. >> and this is a company that

should have hatched one of the cameras, but it's got a designer, one of the core designers, and gopro has snagged him and vp of design. and that got favable reaction yesterday and the stock moved higher and i think profit taking today. we'll see what he can do. stuart: how about the russian where planes which conducted simulated attacks on a u.s. navy vessel in the baltic seas. we don't have the video of it, but a still shot of one of the huge russian jets, 30 feet from the ship. mr. senator, evan bayh, come back in, please. our response, america's response to what i call aggressive provocative action has been diplomatic protest. do you think we should go further? >> i do, stuart, but i think we should do it in the right way. clearly the russian action is

very irresponsible, and very provocative and might risk lives and real confrontation of some kind. so use diplomacy publicly, warning publicly. privately, not the diplomates, but the military should contact their counterparts, if you hit one of our ships or cause damage, we are going to shoot your planes down. stuart: it's surprising when the spokeman took questions on the russians buzzing warships and it was all about safety, an unsafe behavior. i didn't quite expect that. i think most people wanted a bit more forceful response. >> well, it is unsafe. what, you know, response people were looking for, do we want to go to war with the russians? i don't think so. we want to tell them, look, this is irresponsible, if you keep it up and we actually think, lives, our ship is jeopardized and our lives are

in danger we're going to shoot you down. we first try that, if they keep it up, some more tangible response is necessary, but it's very irresponsible on their part, stuart, one thing i know about the russians, what they really understand is strength and unless you know-- let them know you're serious and you will take action, they're just going to keep doing it. stuart: got it. mr. senator, evan bayh. thank you for joining us, thank you. >> my pleasure. stuart: breaking news from the state department. what is this all about north korea. >> saying they've seen reports that north korea is preparing intermediate range missiles on the korean peninsula, and they frame it every time, please refrain from actions that cause tensions. this has been an ongoing issue. they continue to test missiles, north korea and they're already under increased sanctions and they're just, obviously, ignoring those, ultimately comes down to china. china is the company that props

up north korea, let's be honest. stuart: they're at it again. >> at it again. stuart: all right. donald trump shaping up-- shaking up his campaign staff. he just wrapped up a meeting with a group of congressmen who support him. we're talking to a member of the trump campaign in a moment. we were born 100 years ago into a new american century. born with a hunger to fly and a passion to build something better. and what an amazing time it's been, decade after decade of innovation, inspiration and wonder. so, we say thank you america for a century of trust, for the privilege of flying higher and higher, together. ♪

>> chipotle in the news today. they've got an upgrade from j.p. morgan and that's doing some good. up 14 bucks at 4.59. let's get back to the election. >> why not? >> new national polls show trump still holding a big lead. the numbers, ash. >> 42% for trump, 29 for ted cruz, that's a 13% lead. kasich at 18% and men voting for trump over cruz, women

voting for trump 44 over 29%. and that's-- >> g.o.p. like on the national level. big time. >> 44-29. >> that's a big deal. >> got it. moments ago, by the way, donald trump's team wrapped up a meeting with members of congress. listen to this. >> an unconventional election, people said they wanted a fresh face, they wanted an outsider, well, this is what we got and i think it's pretty refreshing for me. as somebody who has run a number of campaigns to, you know, to see a campaign like this is exciting and you know, i think that that's what makes donald trump attractive. he is not a washington insider. stuart: he is definitely not. the understatement of the year. so donald trump's team and congress people wrapping up support there. look who is here, jeff dewitt, trump supporter and arizona state treasurer. i want to talk about to you about the reorganization, which is what it is, the trump

campaign. he's hearing a lot of new people and putting the guy in charge of the delegate count at the convention. this is an administration that it's been a sloppy campaign thus far. i think you'll agree with na that? >> i don't agree with the sloppy part, but we need to grow. it's time to grow. so we're not shuffling in terms of taking away anybody's responsibilities for firing anybody, but we're adding people, we're growing by leaps and bounds. stuart: you got beat in louisiana, you got beat in colorado because the other guys were playing the game better than you were. so you brought in new people who will play the game better than it's played in the past. that's what's going on here, isn't it? >> i think we all realize, even the american public that the game is different than we thought it was and the g.o.p., despite trying to say they're open to anybody coming in, turning out the g.o.p. itself is still like one of these harvard closed clubs that also is in the news with the secretive organization where they've come out publicly and

said, look, we want to get everyone involved and let the american public pick the candidate and more excited about it and when the american public gives 2 million more than votes than the people they want, then the secret organization comes in and says, hold on, wait a minute, we've got to change the rules and they're trying to block him out and it's getting a lot of people upset. so, what we saw in-- >> hold on a second. >> what we saw in colorado is an example. stuart: what we heard late yesterday and again on this program from randy evans from the rnc. look, in donald trump gets 1100 delegates not the 1237 that you have to have. if he gets 1100, that's enough. that's momentum. so a lot of people will move forwards donald trump, even though he doesn't have the 1237, but that 1100 will encourage people to come over. i take it you agree with that? >> yeah, i do and i've been saying for some time that we have to remember, that the 1237 is a floor.

i mean the amount of delegates he has right now, if he goes into the convention with 1100, it's a floor, not a ceiling. he can still win on the first ballot with 1100 as the previous guest pointed out because more people can come over. there's 350 unbound delegates right now, if you look at and say 50% of america wants donald trump, at least, then 50% of those delegates, you would think would come over anyway. yeah, i think this thing is pretty close to a done deal. stuart: if randy evans is right and he gets 1100, i think that that probably would be enough to push, and he looks like he will get 1100 delegates, he'll win new york, and probably do well in california, it looks like he's on track again and brought back on track, i think. >> yeah, absolutely. and you know, ted cruz has been telling john kasich to get out. he cannot mathematically win, he needs to get out of the race. come april 26th, ted cruz is going to be mathematically eliminated and faced with his canadian conundrum, whether he

should get out and a lot of people using his own words against him as i will be happy to. come that day he should get out of the race, too, if that's the way he feels for john kasich. stuart: forgive me for offering advice to the trump campaign, but i'm going to do it anyway, i have was watching television and bernie sanders is offering what i call brilliant ads, simon and garfunkel, unity and adoring, very, very positive message. i would suggest that donald trump could do the same thing, sweetness and light, bringing people together, a positive image. how about that? >> hey, i'm all for it. the way i won my race a few years ago was with a music video. go in vogue with my family and it was corny and it was a positive message and i was the only positive. stuart: and you're the only

candidate who i've heard admit their campaign ad was corny. thank you. >> thank you. stuart: kobe bryant wrapped up his 20-year career last night. we're talking about the guy who got the first interview with kobe after that 60-point game. more varney after this. every day you read headlines about businesses being hacked and intellectual property being stolen. that is cyber-crime. and it affects each and every one of us. microsoft created the digital crimes unit to fight cyber-crime. we use the microsoft cloud to visualize information so we can track down the criminals. when it comes to the cloud,

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for a free quote, call liberty mutual at switch to liberty mutual and you could save up to $509 call today at see car insurance in a whole new light. liberty mutual insurance. >> kobe bryant ended his nba career last night with what some are calling the perfect kobe game. he scored 60 points. fox's jim gray spoke to kobe last night. just watch this. >> the process of the training, the preparing for games, you know, the preparing for, you know, the top players in the league, right, coming together with my teammates and figuring out what those strategies are,

you know, seeing them maximize their potential, those things are things that i'm going to miss the most. how do you want to be remembered? >> you know, i said a long time ago when i was 15 years old i made a promise to myself, i said at the end of my career, i want people to think of me as a talented overachiever. i was blessed with talent and i worked as though i had none. if i could be remembered that way. >> and you have tremendous-- >> all right, jim gray is with us right now, congratulations, a fine interview. i was intrigued by what kobe bryant would miss. i thought he might miss being the greatest player in the world, but, no, apparently not. go. >> well, he's so much into preparation, he's so much into trying to get better tomorrow than he was yesterday, he has

dedicated his life to basketball, to the game and he has at time been tormented by the perfection and getting to the commitment of excellence that he has and he wanted it out of himself first and then his teammates and then he got-- he got there. he won five championships and he's going to really be missed and it's going to be hard for him to walk away from this. he knows it's the right decision, he knows it's time and last night was just incredible. he will-- i can't remember a sports ending like this. stuart: really. i'm a real outsider on basketball, but i forsee kobe bryant as the outgoing great star. the incoming great store is steph curry, that's my take as an outsider. the two are very different players? >> much, much different. kobe was above the rim and heir

apparent from dr. joe to michael jordan to kobe bryant. steph curry is perhaps the greatest shooter the nba has seen and what a story he's done with his teammate with clay thompson, almost 73-9 the. and they said the record of the bulls would never be broken and i don't see how the warriors record could be beaten, to win 73 and only lose 9. stuart: that's incredible and won't happen in my lifetime. >> come on,stuart, what's taking you so long to get involved. be a basketball fan, if you can't love that, forget about that football or soccer, whatever you call it. this basketball is wonderful. stuart: it's very hard to do this. very hard. i'll see what i can do for you. jim gray, congratulations, a terrific interview. thank you for being with us, appreciate it. >> now this, these pictures out of japan. ashley: they are.

stuart: a 6.4 magnitude quake, what's this. ashley: in southern japan, you can see the damage done here. no injuries reported. 6.4 was the initial reading. the u.s. geological survey puts it more at 6. there was another 5.7 aftershock, about 40 minutes later. obviously, a lot of jangled nerves. stuart: you get it first on varney. a fast food restaurant reacts to the protest against his industry. and look at this, a major movie chain, amc theater chain and allowing texting during the movie. ashley: no. stuart: this is catering to millennials. that's next. ram trucks are reaching new heights when it comes to capability and efficiency.

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stuart: check the big board. we have turned positive is not much but ten points tire at 17918. price of oil hanging in just shy of $42 a barrel. the host of after the bell, melissa francis, is here today. i will ask a question, we will hit 18 k today? mel mack -- >> if i knew that i would go to vegas. i'm worried where we are headed, this earnings season, earnings down by 10% year over year. this could be the worst quarter, i am concerned, you don't care? stuart: come on. >> people will realize the market doesn't justify those heights.

stuart: why should she start? >> run out of money, can't print it anymore, doesn't have any more in? stuart: i shouldn't have asked the question but i did. the issue of today, these protests happening all across the country, administration all around america demanding a $15 an hour minimum wage. the vice president of whitecastle, dare i say a fast food chain? that is what you are. what do you make of $15 an hour in your restaurant? >> here is what we know. the second there is a mandate to increase the minimum wage by numb 106% across the country or 67% like the state of new york has already done it is bad for the people it is designed to help, bad for the young people who never get a chance at the first job, the first

opportunity, being that employer of choice for young people across america so they can learn the skills they need to have the success they deserve. stuart: it whites out what i call entry-level jobs, 16, 17, 18, don't have many skills but you walk into a fast food operation and earn minimum wage, make $7, $80, $9 an hour and where do you go? you start from there. it wipes out that potential light starting job. that is what happens. >> we know already the unemployment rate for youth in the state of new york is 21%. that is not just unfortunate but unacceptable. when you have radical policies designed by a few lawmakers trying to take us back to a command and control economy we have 100 years of history worldwide that says that doesn't work. we are concerned about that and we will do everything we can to fight for our neighborhoods and fight for the people in those

neighborhoods to provide more opportunities. stuart: you are not going to -- are you going to keep staffing levels here and pay all those staff $15 an hour as an absolute minimum or are you going to cut staffing levels and introduce technology to get around the problem? >> with such a radical change to our business model we absolutely have to look at everything, first look and see if we can raise prices and how high, what is acceptable to customers because they have other choices and rethink how much we invest in wages, 30% of every dollar we get in sales pays team members. crank that up 67% there is no room. keep in mind me make 1% and 2% a year in that process so there is not much room. we went for every dollar spent at white castle the net net bottom line is one or 2 sense, that is it? >> we have been a family business 95 years and back in the business, grow alternatives in our neighborhoods but that is the rest of the story the protesters need to know because my thought is if they know the rest of the story they know --

the jobs we are providing give people a path to a better life and more prosperity. the one white castle guy, thank you for joining us. >> crave on. >> that is their motto, crave on. stuart: crave on? >> it is i promise. i know for sure. stuart: megyn kelly interviewed out sharpton yesterday and his national action network event, challenged him about ferguson. he got a little testy. watch this. >> if you and i talked to the same witnesses and the doj talks to the same witnesses and they don't agree and you and i do it doesn't make us wrong. >> you don't talk to all the witnesses, the doj does. >> calm down.

>> calm down? stuart: calm down? >> i didn't like that. stuart: at the same event hillary clinton told the audience and here is the quote, white americans need to do a much better job of listening when african-americans talk. she went on to say white people must be very aware of what they are saying and how they are saying things to black people. i thought that was flat-out condescension. >> she was pandering. this is quite an event, out sharpton, you saw him with megan and she went after him. that was interesting and when he said calm down, oh my goodness. she is a litigator so she was right there going toe to toe with him and that was a fantastic interview. hillary clinton piling on and this is what she is counting on to beat bernie sanders. she has to go in and court the minority vote and she will say anything. stuart: it is about african-american vote certainly in new york state was very cynical about it as well.

i want to play a clip from one of bernie sanders's new tv ads which have been playing widely on new york tv stations. watch this. ♪ stuart: isn't that nice? simon and garfunkel, i love the song, all sweetness and light as we say all day, bring us all together, feel good. >> you are such a cynic. i love that. stuart: i am a cynic because i have lived in a socialist society. i know what it is all about. >> bernie sanders doesn't mention he will take away everybody's money and redistribute it. but they feel great. one good thing about it,

positive ads work for once. these are not supposed to work and in politics being nice, making people feel good, this never worked and it is working. i don't know why but it is. if i didn't know better i would like him. stuart: he is positioning that directly opposite what we think of as the anger and division of the trump campaign. this is happiness. it was very effective. i will move on. the movie theater chain, the chief executive wants to allow texting in some theaters. ashley: i hate going to the movies because people don't know how to behave. they behave like they are in their living rooms and forget they are out in public and other people are trying to watch the movie. i sound like a grumpy old man but they say we may have to give in and allow texting in movie theaters, they are talking about

creating text friendly movie theaters. this is the quote from the ceo, when you tell a 22-year-old to turn off the phone all they hear is cut off your left arm because that is all they do. they live on their phone. >> i don't know about that. i get in trouble with this. i take my kids to see a movie, a cartoon is a little boring for me so i go on my phone and read and inevitably someone turns and tells me how rude i am being which i know i am but i am so bored, taking my kids to a movie i don't want to watch. of the one i don't want to go to a movie and have someone next to me with a bright screen, so distracting. >> i didn't -- there is no dialogue in shaun the sheep, i wanted to kill myself. my kids loved it. stuart: a different subject

entirely, ethan couch, the affluenza teen made his first appearance in court, sentenced to two years in jail. your comments? >> this was the most he could get because it is all based on the original conviction. this is appalling. at least he is finally going to jail, finally an adult, will get some form of punishment. stuart: what about his mother? >> rotting in jail. stuart: i don't know what happened. if she facilitated the running away of her child i am sure she is guilty of something. >> on top of that sentencing, yes. stuart: put that phone away, don't text. airline stocks leading the s&p. nicole: we will look at this group overall. delta came out with their numbers and did pretty well, we had cheap oil prices, saw them beat the numbers, demand looking good going forward.

they are working on revenue about the number of planes versus the number of passengers, all stocks in the group have up arrows, american up 3%, southwest up 1%. a couple things the analysts noted, foreign exchange rate, worried about travel jitters following the terror attacks but summer is coming and they are saying it is good. stuart: airline stocks are up. nicole: one important thing, you will like this. the safety, transportation safety, 6800 american passengers missed flights because they were waiting online to be checked for safety and that is one of the big problems. stuart: it sure is, thank you very much indeed. hillary clinton doing everything she can to shoot down the gunmakers. if she is president she will hold gunmakers legally liable for gun violence. the former tough guy at the nra on that next.

robertson delivers a prayer before a nascar race. atheist outrage ensues.

ashley: "varney and company" starts at 9 am every day. you will miss some moments like this. judge napolitano: the state of massachusetts has decided there are many of these secretive, by

secretive i mean membership rolls are secret, all mail societies that have been in existence since the american revolution, many more modern in origin and every time someone complains, either a male who can't get in or a female who can't be considered the state of massachusetts investigates and takes the same position each time. it is a private group, we have no jurisdiction, they can make their own rules.

judge napolitano: this is no place for police and law enforcement. this is the moral equivalent of being jostled in a subway, being bumped into by someone trying to get across the street faster than you are, something that happens to us every day. not everyone not consented to touching the criminal event. we one judge andrew napolitano is right about corey lewandowski. reports that he will not be prosecuted for simple battery. but what is the reporter going to do now? ashley: there are a number of

stories that she is pursuing another legal option in this case and that will be suing corey lewandowski for defamation in the comments made by corey lewandowski on twitter in the period after these charges were brought, that she was delusional and things like that. stuart: thank you very much. hillary clinton still going after gun manufacturers. she says they should be held liable for illegal gun crimes. watch this. >> a law was passed two years ago immunizing the gun companies and sellers from liability. i voted against it. my opponent voted for it. there is not another industry in america that has that kind of free pass. i will do everything i can to make sure gunmakers and sellers are accountable just like any other business in our country. stuart: former nra president

david teen is with us. welcome to the program. what i be right in saying that if hillary clinton were successful and gunmakers were held liable for any gun violence, gun death, it will be the end of gunmakers. it is that bad. >> it is that bad but mrs. clinton always gets it wrong. the fact of the matter is if a gunmaker makes a defective product and there is an accident with a product or something like that there is -- they are as liable as any other industry but no industry is responsible for the misuse of a legally produced product. what happened and why the congress acted on this was because the anti-gun movement began launching lawsuits against gun manufacturers trying to hold them responsible for criminals but misuse firearms and the whole effort was not that they were going to win these cases

but pileup defense expenses on gunmakers and drive them out of business, we hear these names winchester, remington, they are big names with a great history but these are not huge companies with deep pockets that can defend themselves. stuart: there is the morality of it. since when has the maker of the gun to be held liable for the consequences of the illegal use of that gun to which they are not connected at all? >> it would be analogous to holding ford motor company responsible for the actions of the crazed driver who took a forward and rammed into a crowd out west the producer of a product can be held liable if the product is badly produced, dangerous because of that production but if it is a legal product, meeting quality standards, someone misuses it that is very different. mrs. clinton doesn't seem to be

able to grasp that. stuart: is it a long shot, if she were president, is it a long shot for this kind of liability to be inflicted for want of a better word on the gunmakers? >> i think mrs. clinton would need to take a significant majority of both houses in order to accomplish something like that but just because mrs. clinton and other national democrats are anti-second amendment doesn't mean every democrat in the country is. they might wish they were but the fact of the matter is when you get to congress there are people in congress who listen to their constituents and around the country gun owners would not be very happy with this sort of attack on their ability to buy legal firearms. it would be difficult to accomplish this. she is trying to pander to the anti-gun segment of the primary electorate, that is what she is doing now but she is setting herself up for a very tough race in the fall because there are

millions upon millions of americans, not all republicans, not all conservatives, many independents, many democrats who take the second amendment seriously and candidates who seriously threaten their rights under the second amendment as somebody who should not be elected to public office and she is courting real danger with this effort. stuart: if we approach november and it looks likely hillary clinton will be the next president i predict a sharp rise in gun purchases. >> a lot of americans calling for guns more than ever before. there would be an increase in firearm purchases, today millions of americans who never thought of purchasing or hunting or going to the range were using firearms, but them. the nra membership has skyrocketed, the biggest segment

is among women who are realizing under some circumstances ownership of a firearm, training and using it is their best defense. stuart: thank you very much for joining us, we appreciate it. we will be back in a moment. there's a lot of places you never want to see "$7.95." [ beep ] but you'll be glad to see it here. fidelity -- where smarter investors will always be. if only the signs were as obvious when you trade. fidelity's active trader pro can help you find smarter entry and exit points and can help protect your potential profits. fidelity -- where smarter investors will always be.

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stuart: oh what a contrast. smiling bernie in his new tv ads, angry bernie at his new york city rally last night, the two faces of socialism, soft, feel-good propaganda is the add versus firing up the mob, that was the rally. what struck me about the tv ad was how good it was. it was all smiling happy faces, reflecting every racial and ethnic group all brought together in adoration of bernie. unity was the theme, upbeat and positive was the mood. simon and garfunkel played sweetly in the bathroom -- background, deliberate contrast with the implied anger and division of the republican side. by the end of it you would think socialism was just what the world needed and bernie was a saint. then there was the new york city rally, very different. the bernie the demagogue

repeatedly firing up and angry crowd against the bosses, the bankers, the billionaires and the wicked center of capitalism, wall street. the crowd loved it. mostly youngsters sprinkled with hard left radicals and aging hippies. what was missing from the ad and the rally was any sense of what socialism really means. those of us who experienced it looks on with dismay. where was any mention of the mindnumbing bureaucracy socialism brings with it? no mention of the debt that bernie would pilon or the financial mess that socialist europe is in, no mention of a class division or the anger and jealousy that is the hallmark of socialism. we also said how could america of all places consider a socialist for president? check out the ad and the rally and you will see bernie sanders, a very effective ambassador for discredited and failed socialist philosophy.

stuart: breaking news happening across the country, the push for a $15 an hour minimum wage, live protests outside mcdonald's in chicago. this is the confrontation between the left and private enterprise all across the country. confrontation now. the wall street journal's then henegar is with us, fox news contributor monica crowley is with us too and as always ashley webster. monica, you go first. i am saying this is confrontation, deliberate, organized confrontation against private enterprise by the left. >> and ideological battle, not an economic battle. the weapon they are using is minimum-wage. any kind of rational economic argument this makes absolutely no sense. small business in particular are impacted by this, franchises impacted by this, when the

government coerces this kind of minimum wage hike which again is people being laid off, not being hired, replaced by robots this is the logical conclusion to this. stuart: the $15 an hour -- >> they don't care -- stuart: that is the vehicle from the left to go against private enterprise and beat it to death. mi too extreme? >> you are not too extreme. most of these protests over the minimum wage at fast food restaurants occur in cities like chicago, new york, boston, los angeles, all democratic cities run by liberals and if they want to drive private industry literally out of those cities let them have it. it will look like escape from new york, plantations with weeds growing out of them. stuart: i will move on. i hate to interrupt. your latest column in the wall

street journal talking about donald trump and new york values. are you taking issue with trump on immigration and trade? >> i am taking issue. new york values, ted cruz used it in iowa, it was supposed to be about liberalism, now trump has come to campaign in new york, the issue of new york values in the center of it. interesting to me how little time donald trump is spending in the city he grew up in, new york city, that is because two of the values he is running against, he wants to impose a 35% tax. i don't think anyone disputes because of the migration of natives in new york city is migration of immigrants that kept the city close and that the price of goods are down is the

only way you could afford to live in the city if you are a middle-class person. new york primary next tuesday, you have a fresh poll. ashley: donald trump in the lead, 44% to ted cruz's 28, john kasich picking up ground in pennsylvania trailing at 23% among conservative, trump slightly over ted cruz 43-42 so pretty tight, not going to get based on these numbers donald trump won't get a huge delegate lead the way they allocate delegates in pennsylvania, the comp located process to get through. of 16 point lead in the national

poll which we quoted 20 minutes ago. 13 nationally, 16 in pennsylvania. next case trump's campaign manager is not going to be prosecuted for the incident, he placed a hand on a reporter. we got reports that reporter is considering suing the defamation, that is the latest report we got. >> that is from michelle fields of breitbart who might go after him and donald trump for defamation because they claimed corey claims in particular he never laid a hand on her and said i never touched her. according to this video he did in fact touch her. prosecutors are using their discretion that they feel they can't prove beyond a reasonable doubt. i would be very skeptical if it goes forward. i don't there is certainty she will move ahead with any

defamation because it is tough to prove. you have to prove intent, maliciousness and so on and i'm not sure she will go down that road. ashley: talking about delusional, that was one of the words she picked up. stuart: the course of a defamation suit, that could be the grounds for it. to the democrats please, hillary clinton, some controversial comments on race. roll the tape. >> americans struggle with racism is far from finished was something is wrong when black kids get arrested for petty crime but white kids who do the same thing don't. something is wrong when gun violence is the leading cause of death for young black blue blue. these are not only problems of economic inequality but also problems of racial inequality. it is time we face up to the

reality of systemic racism in all its forms. >> let me let then henegar race away with it. >> one thing hillary clinton left out of her list of particular's and that is the awful condition of public schools have to attend and do not educate them in the cities in the previous segments. when shelley stand up and defend the charter school movement in those minority neighborhoods in harlem, east brooklyn against teachers union, you will never hear that from hillary clinton or bernie sanders or these other democrats. until that day comes, they will be floundering in those public schools. >> classic clintonian pandering, standing in front of our sharpton's crew, she realizes she needs black voters coming out in massive numbers over the finish line not just in europe

but the nomination, and the obama coalition, this is the kind of thing you get. she says we need to check our white privilege. she should not presume to speak for all white people and by the way she is so disingenuous when she goes after the 94 crime bill which her husband signed, and the crime bill, because of the black on black crime, that crime bill save countless black lives. stuart: i want to spend time for this one, more liberal college unity, in chicago, banning any political messages written in chalk because any pro trump message written in chalk or otherwise would be unoffensive. >> you should weep for the american university. we do this every single week.

almost every day. stuart: update this every day. these universities are in the process of self-destructing, losing control of the university, turning into free-speech hellholes and for parents looking at them increasingly going to say i will go to the university if you can find one, obvious unity. and that is one of the best colleges. stuart: got to get this in, this is the opposite of what a university should be. rub your intellect against others, you cannot have a safe space from having contact with those wish to argue with you. >> how about contact with the real world. they are not going to be so buffeted from ideas that might disturb them.

what should terrify every american is the ease with which these kids are willing to dispose of the first amendment. stuart: free speech, and outrage in itself, we have reached agreement. that concludes the rapidfire round, thank you very much. check the big board. we have a modest gain, we are now 77 points, 76 points and change away from 18,000. look at oil, above $42 a barrel as we speak. opec sees lower demand for oil this year, the price at $42 a barrel. new progress picking up in chicago all about the $15 an hour minimum wage. the chairman and ceo is with us, welcome to the program, good to see you. you are saying you are right out

there, wage increase is very bad for your business. make your case. >> it is bad for all business. i have been following the dialogue today, it is so spot on in terms of negative impacts these liberals are coming at with $15, $18, $20 wage from 71/4. when you look at these protests in front of mcdonald's they should be giving mcdonald's a parade because 80% of their system is franchise which is small business owners that are giving jobs to the kids today and giving them a career track to get further along in any industry. we all started that way and it is being taken away by these folks that are coming in and demanding these egregious increases in the average wage and it is being inspired by the

unions for this economic free for all, this free lunch they are trying to get that is completely untethered to employment reality. i am incensed about it. stuart: what i see in restaurants is all too often an ipad. i walk up to the counter, press a button and order online essentially and go to a different counter and pick it up from behind the counter. the waitstaff is decimated. that is what i am seeing. i won't see that anytime soon? >> never. the relationship. stuart: surprises. >> five things we can do. one is to take price, that is a slippery slope, there is a point where you will see defection from your brand if it is a ridiculous increase in price where the value relationship has changed. the other thing is automation but in automation i'm looking at

back of the house where we can speed up the cooking process but i will never, again, you have people talking earlier in the fast food category i am in full-service, a full menu, service in the front of the house, to defect to the tablet on the table flies in the face of service because the relationship is built with that guest. that is why we have been around 40 or 50 years and the others, so that relationship i will never tear the fabric of that relationship. the other thing we can do is reduce labor. the other thing you can do is close and you will see a lot of small business owners, a lot of franchise owners close not just because of wage but the taking away of tip credit for those servers because of the joint employer -- going on. stuart: heartbreak coming, if

you will allow me. >> i will come back and tell you more. the one you are on. fox news host megyn kelly challenges our sharpton, more from this exchange and a moment. >> if you and i talked to the same witnesses and the doj talked to the same witnesses and they don't and you and i do it doesn't make us wrong. >> you don't talk to all the witnesses. the doj does. is that a crime? >> megan, calm down.

stuart: we s movers and we found one, energy 21, an energy producer filing for bankruptcy and look at it go down 70%. megyn kelly clashed with our sharpton last night, all about civil rights activists in ferguson. roll tape. >> the report from the department of justice specifically says the following.

the evidence does not support finding that wilson was unreasonable in his fear that michael brown once again attempted to harm him and gain control of his done. >> if you and i talked to the same witnesses and the doj talked to the same witnesses and they don't believe the mend you and i do it doesn't make us wrong. >> you don't talk to all the witnesses, the doj does. is a crime? >> megan, calm down. >> watch it with calm down. stuart: judge andrew napolitano is with us now. you didn't talk to all the

an investigation by the obama justice department, a justice department with notorious antipathy for local cops. now it is a couple years later. out sharpton is saying the people i spoke to said he had his hands up and he was killed. megyn kelly is saying you talk to people who told you what you wanted to hear, you didn't talk to everybody, the justice department talked to everybody in the justice department concluded there was no evidence to indict him for excessive use of force and ample evidence to justify his use of force because they were struggling and fighting for done. stuart: out sharpton would not apologize or walk back his previous comments having ruined the life of the police officer who is part of this case. judge napolitano: i'm not neutral in this because we know megyn kelly and work with her but she probably read the same 387 pages that i did which is the justice department report in this case. the justice department says most

witnesses made claims that they could not have seen from where they were which causes us to believe their claims made publicly and to us went into effect, the ultimate outcome of the investigation. another way of saying they lied. stuart: the justice department did not prosecute -- judge napolitano: it is a crime to lie to a grand jury and martha stewart example in the fbi. sharpton is saying why should i apologize for coming to a conclusion rationally based on what i heard, you heard what i wanted to hear. stuart: he should have rolled back the comments, essentially encouraged violence and -- people who were lying about what happened. the man is --

judge napolitano: her argument is what you want to hear. having tried many cases, two or three people looking at the same evidence can see it, hear it, remember it and conclude from it differently. that is not what we have here. there is a select group of witnesses, how they were selected i don't know. the justice department talking to all the witnesses they can find, the justice department coming to its conclusion so megyn kelly has a stronger argument. i like how but megyn kelly has the better argument. stuart: your time is up. stuart: i am up against a hard break. that wasn't bad today. i will give you a 70. judge napolitano: anything goes. stuart: we have rigorous

intellectual standards. an update on the mike piazza homerun jersey, close to being sold and according to reports it will stay in new york. "duck dynasty"'s phil robertson says a prayer before a nascar race. q up the outrage. you will hear exactly what he said at 11:35 this morning. a great part of using the usaa car buying service was seeing the different discounts.

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higher than that. anthony scaramucci who is known at foxbusiness, he had a partner i coming to terms with the option company to secure the buying of this jersey and they will rotate between city field, 9/11 memorial and the national baseball hall of fame, they have a chance to see it and it is an emotional piece of memorabilia. they were ten days after 9/11 the first baseball game he hits a homerun. the mets win 3-numtwo and it was kind of this moment for everybody to share in. >> it would be lovely if this jersey could stay in new york and props to anthony scaramucci for leaving this drive to keep it there. a lot of people in the general public can get it. stuart: an iconic piece of memorabilia that probably does belong in the 9/11 memorial for a period of time.

thanks, everyone. a democrat saying he will vote for trump if hillary gets the nomination. after this break you have a republican who says she will vote for hillary if trump gets the nod. ♪

the

stuart: do i see little momentum developing here? now we are 27-point. the dow is up 17,935. that will be 64.7 points before we get to 18 k. how about that map on the floor. ashley: pretty good. stuart: our next guest is a republican strategist a republican strategist pitches as if donald trump is a nominee she will vote for hillary clinton. remember river is with us now. you would rather vote for hillary clinton, a democrat come a collectivist on a neo-socialist than donald trump, is that correct?

>> sewer, if i'd pushed at the general election, i will be forced to vote for her. i will have to give her my vote. my comment saying to forget to a general election and donald trump against hillary clinton i would be forced to go for hillary clinton because they would be to poor choices on the ballot at that point and i'd be forced to go for the one less bad. stuart: but if you are republican, surely you believe in private enterprise, economic growth, low taxes, less government. you will not get that with hillary clinton, are you? >> i wouldn't get those things but i wouldn't get them what mr. can't be there. he hasn't been though coherent. at best his policy -- >> he has put out a tax plan, which is very competitive and means lower taxes on the corporate level and individual level. there's a fundamental republican value. he has come out with those. >> he has come out with him. this is also a man who says american workers paid too much.

the american wage for the american worker is too high. we can't forget comments like that. his policy that best would hurt our economy and at worst economy and a burst of euros into world war iii. stuart: we had a democrat on the show yesterday imposed a similar question to him. i believe the question was if hillary is the nominee, would you vote for trump? roll that tape and see what he says. it was hillary versus trump, who would you vote for? >> are you trying to torpedo my career? i would go for trump. stuart: would you really? >> a lot of people in labor unions would vote for him. stuart: you are republican who would vote for hillary. can you explain what's going on here? >> is a crossover. there's a large demographic out there that isn't sure what to make of these poor choices of god. look at these people at the front and five if you count

governor kasich. is this the best we can put up? frankly none of them are good. what i'm saying is if you give me to the general election, i will vote for the one less bad. again, the point is in my messages let's nominate somebody from cleveland this summer that is a true republican, a troop leader. a leader that can put america back on track. stuart: if it is trump versus bernie sanders and devout socialists, who would you vote for? >> that's a no-brainer for me. i would either write in paul ryan or choose to stay home. stuart: thank you for joining us. a lot of people are facing exactly the same question. we appreciate you being with us. under attack the 10th of a public prayer that he said at a nascar race. roll tape. >> already, texas.

we've got here via bibles and guns. i pray the one who made that possible. father, thank you for found in our nation. i pray we don't forget who brought us, you. our faith in the blood of jesus and his resurrection. help us, father, to get back to that. stuart: mark burns is here. welcome back to the program. the atheists immediately object to this kind of public prayer. let me ask you about the whole concept of public prayer. didn't jesus say: private and pray? don't be a hypocrite. does stand out in public and pray like this. when private and do it. that would seem to suggest that this public prayer and nascar races out of place. >> i don't think so. jesus was speaking about praying in public to not be seen so that you might be the pharisees of

the top just to be seen to promote themselves. and not necessarily what he's about. i believe right now this is an issue that the first amendment with religious liberties. right now all the things should be upset because this is once again the public opinion challenging our right to speak. nascar for years has been known to connect christianity along with race. obviously, he's doing what they've always done. stuart: i'm just wondering how many atheists are nonbelievers or whatever does it take to object before you got this headline. national outrage at prayer at nascar. i don't know how many people there are. >> i don't think there is the outcry again. the threatening thing is atheists need a god in order to be an atheist. so i don't see what the big issue is.

again, this is once again -- we as people of faith should have been outcry if an atheist have a right to not believe in god in public without persecution in america, than those of us who do believe in god should have the right to publicly acknowledge the god that we believe in. stuart: seems to me christians are increasingly looking the trend of going out there. >> we are under attack. donald trump said from day one. christianity is under attack. it isn't until we really bound ourselves together and raise up and speak. listen, and my faith without destroying other people's fate. he didn't speak ill against anyone else. stuart: is that matthew six: five. unit that off of your head?

good. thank you very much. appreciate it, sir. a democrat national committee chair, debbie wasserman schultz lane out her plan to beat the republicans and blake burman just interviewed her on that subject. he joins us now in new york on the set. >> we talked yesterday at the head of the dnc offices in her headquarters right there in her office. what happens with republicans and democrats. i should mention they're focusing down and at this point at the top of the ticket before democrats would be potentially a dream scenario >> also talking about building a ball to keep people out and lay being groups of people like donald trump has. mexicans, and drug dealers.

since not reflective of american values. >> we will pull out in november. reporter: they feel potentially what's inside that building there that as many as 60 congressional seats in play come november. they need or do you not to put the house on the other side. we spoke to folks at the republican senatorial committee. they say no chance the senate is slipping. they don't know what they're talking about. stuart: that is interesting she would hear her strategy towards the senate races. they are building not a good people focus on trump and cruz and hillary and sanders. as a big operation and the file is already underway.

stuart: mr. berman, thank you. come to new york anytime you'd like. we have another example of liberal lunacy on campus. this time at depaul university chicago. again, all because of donald trump.

>> i am nicole petallides with your five business brief. the green arrows, the dow and s&p 500 had the highest level of 2016. right now the dow was up 28 points. speaking of the 18,000 mark. s&p 500 up to a nasdaq up three at the moment. the small company with a big move. pier one i'm a weak profit for pier one imports half-billion down right now and later seen even smaller but a big move there as well. looking at the favorites people of last year. we've seen amazon five days in a row, with and also netflix with a paris today. we want you to start your day right here on fox business

5:00 a.m.

stuart: this is chicago. those five for 15 protesters marching in chicago. as you can see, it a lot the sidewalk. hold on a second. they got around it. they figured it out.

they got marching in again. we are now making their way to loyola university. it was bypassed. competition is brewing between tesla and the chevy volt. two electric cars. who makes the best? ashley: this is interesting because the gm vice president kind of took a shot across tesla because it's the tesla model three against the chevy volt electric vehicle that will be going on sale at the end of this year. you don't have to put a thousand dollars down and wait until 2018 for some time after that. that is a slam of tesla who are going to bring out the model three at the end of next year. many analysts say it's not going to come out until 2018. the demand is high. gm saying you don't have to go through all of that. we will have the cart up and running and ready to go sooner.

but tesla and gm volt, different animals really. different marketplace. stuart: the chevy bulked -- give this lunacy, more of it. depaul university has banned chalk drawings on campus. they could be offensive. that relates to a millennial spirit and see theaters say they might start letting people text in movies. this is a soft sure to millennial year come on in. you know you've got to keep us safe place on campus. disrupt my movie. what's wrong with these people? >> the problem is it creates a group mentality where it's not

really safe to have a different point of view. that becomes where the danger really is. we really have a more enriched conversation when different people can chime in, even if those thoughts are popular, so be it. we need to have those thoughts. that is not happening in the college bubble. stuart: you are saying millennial circle at this. they will be plugged in with the texting devices and they'll be safe from other peoples opinion in a nice collected form face entrance day from nasty people over there. they are socialists. >> vary in touch with hurting peoples feelings is good. the downside is the reality is any type of opinion can hurt my feelings. you can't protect any person or group. stuart: grow up. grow up. start living real life for other people have of a different opinion from yours. >> i was doing a radio show with

an impressive bulimia. she says we grew up with technology and we are constantly researching and finding out information survey of access to information that you or i did not have been quite the same way. it is influenced in that way. in terms of movie, they are overreliant and we get anxious when we don't have access to files. stuart: if you have a millennial patient to come to you -- that's the interesting thing. >> are you allowed to say grow up, get in the real world. >> i don't know if it's juvenile. if you have the right relationship you can almost buy anything. you have to know who you're working with. you have to do it in a way that's helpful, not in a way that's harmful. what's the point in going to therapy if you're therapists

will harm you. it depends on the relationship. it depends on the patient and how willing they are to hear that. sometimes it can be the right message to hear. stuart: would i be right in saying adulthood doesn't begin until you're 35. >> it's taken us a lot longer and i talk about that in my book and that is why we are all feeling younger longer which is a positive because it means we are feeling more hopeful about our future. ashley: arrested development a little? >> you would here think about modern science. where i live living longer so they are people to 120 now. stuart: adolescence has to be extended. you must have at least a third of your life. >> 7035 is a midlife crisis. now we consider it young.

stuart:'s you're killing me. robert lovett, enough. thank you very much indeed. new york votes in the primaries of course. bernie sanders has a fresh campaign. i think it's pretty good. watch this. ♪ (patrick 1) what's it like to be the boss of you? (patrick 2) pretty great. (patrick 1) how about a 10% raise? (patrick 2) how about 20? (patrick 1) how about done? (patrick 2) that's the kind of control i like... ...and that's what they give me at national car rental. i can choose any car in the aisle i want- without having to ask anyone. who better to be the boss of you...

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and learn more about the kinds of plans that will be here for you now - and down the road. i have a lifetime of experience. so i know how important that is. stuart: five days until the you're votes for the candidates in full force in new york. bernie sanders has a new tv ad. roll tape. the ♪ ♪ stuart: i've got to say that was a very well done ad. let's all get together, unity.

all these different people coming together. don't you love it. look who is here. new york republican party chair. it was a good ad. why did the republicans put up something like that? >> at the moment we are deciding who's going to be a part of the nominee. that's a whole different game, stuart. i love simon and garfunkel. it doesn't relate at all to the reality of what the socialist floor. stuart: new york votes than five days. at the moment, donald trump has about a 20-point lead. that doesn't mean to say that he's going to pick up all the delegates. stuart: he's made it clear he needs 80-of the 95 delegates in order to be viable going forward. that's hard to do if it drops below 50%.

stuart: his campaign guy wants him to get a view of the 95 delegates available. but our delegates assessed and handed out according to each congressional district? >> there were three in each congressional district. >> if donald trump gets 50% of the vote in one congressional district, if he doesn't get 50% but he still wins gets two. stuart: second place gets one. >> you've got to count 27 congressional districts. stuart: next tuesday we won't know the delegate count. >> most important thing now. stuart: you agree trump is 20 points ahead. >> use 20 points ahead. he is between 50 and 55% in place. stuart: dare i say it look like an establishment kind of guy.

>> they get this country going. going way back to my ralph nader days when i started nader's raiders. stuart: you are the republican party new york state. >> i tore apart the federal trade commission. one of the three people who wrote the book. >> you deserve to be torn apart. stuart: you could support tron. no problem with that whatsoever. >> he could be a very effective general election candidate based on his personality and based on big statementstatement s. he could really craft his message to a general election and honest personality. stuart: thank you for being with us. good luck, sir. more "varney" coming up for you in just a moment.

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stuart: i said we were gaining momentum, that was

tongue-in-cheek but we are going up, 17940, we need 59 points, 59, 60.numb one but my time is up so i leave it to you to hit 18,000. neil: i will do my best. on coast to coast, one for the minimum wage, another demanding their college bills be paid and the second, verizon strike going on and many more across the country. i'll is orderly but that is so far. connell mcshane with the latest on the fast food protests. connell: coast-to-coast story in new york and many other cities around the country. the fight for 15