mexicana, and thank you for everyone. [applause]. ♪ >> thanks, guys, good luck. all right, stuart varney, i'm going to keep making guacamole. happy cinco de mayo.stuart: tha i'm not sure how to segue out of it. i like the music and dancing and also like the guacamole. all right. is this the straw that breaks the camel's back. hillary was hacked. the hacker says he and others did get inside her server. what was she thinking? good morning, everyone, it's a question of judgment, surely. she knew her computer could be hacked, but set up a private system anyway. a romanian got inside and others did, too. the clinton camp responds like

this, there is absolutely no basis to believe the claims made by this criminal, hillary's e-mail problem just got worse. as this was breaking, hillary released an anti-trump attack ad, endorsed linking trump to the klan and implied he's a racist. as for trump himself in the new york times, what would he do, the day he is walks into the oval office as elected, president trump tells the times exactly what he said he would do wall and all. the fire in the heart of a canada's oil patch is big enough to affect crude prices all over the world. stocks up, tesla up, diet companies up. f fitbit down. "varney & company" the new leading financial program in america about to begin.

♪ >> is that the song "tequila". got it. cinco de mayo, mexico celebrating victory over the french. america celebrates it, too, by drinking tequila. tamara holder is here. wait for it. if i were a student on an american campus and wore a sombrero for a cinco de mayo party. do i need sensitivity training? do i need to be banished? do the student who see me need a safe space because i have a sombrero on? >> no, i need to know where they hang out. stuart: an important question,

am i a racist, wasp that i am, wear a sombrero. >> no, i'd like-- go to a tequila party, and wear a sam sombrero, and some need a safe space-- >> especially with a president who wants to build a wall and-- we have a presidential candidate in donald trump who doesn't like mexicans for the most part and listen, we need to know-- americans need to know our history. stuart: you don't know when to take something seriously or not, do you? >> you don't know, you don't know. i know, and you get upset when i say things, listen, americans need to know more history. stuart: i agree with you, americans need to know more history. >> cinco de mayo is not mexican

independence day, did you know that? . i said that at the top of the show. >> i wasn't listening, i was drinking my tequila. >> half an hour until trading. it looks like a higher opening, not by much, but higher, we are about 660 points away from the record closing high of the dow, i share that with you, cinco de mayo. and take a look at tesla, that stock will move higher at the open. chief elon musk with an expansion of production. a lot of doubters. the tesla debate will be held here. oil, way up today, way up, nearly $2 higher. those wildfires in canada shutting down oil production and pipelines. this is a big deal. ashley: it is a big deal. as you mentioned, one of the major oilsands operations shut down. others in the area have been reducing their production as well, about half a million barrels of oil being taken out of the market every day because of this.

and that is having an impact on oil prices. you saw up significantly today. this fire devastating near fort mcmurray, 200 miles or so north of edmonton. the entire town evacuated. stuart: it's a human story big time. now this, romanian hacker known as gusifer. he said he hacked into hillary clinton's e-mail server in 2013. listen to this. >> i accessed accounts-- was the clinton server easy or hard? >> for me it was easy, it was easy. for everybody. stuart: see he says. judge andrew napolitano is with us on the phone. legally, judge, legally, what does it mean? >> the charge of espionage does not require that the government prove that she was hacked, it

only requires that the government prove that she removed state secrets from a secure location and put them in a nonsecure location, but if the government can show that the nonsecure location was, in fact, hacked, that raises two issues, one, it's easier for the jury to understand and convict and two the level of punishment should she be indicted and convicted would be increased because the espionage want wouldn't information into the hands of those who wish us ill. >> he told katherine herridge, he could tell at least ten others from different parts of the planet had hacked into mrs. clinton's e-mail server as well. stuart: so her legal position has worsened, that's the bottom line over the last 24 hours. >> absolutely, absolutely. the bad news continues for her. last night her campaign said we've not heard from the fbi.

well, that's a red herring, the fbi is not going to call the campaign. they've already called mrs. clinton's lawyer, they're not going to call the campaign. stuart: parting words, i hear it. judge napolitano, i've run out of time, but we will see you in the 11:00 hour. to me, this goes to a question about her judgment. everybody knows that e-mails can be hacked, but she set up a private, nonsecure system anyway and now, it has been hacked. >> no, no. it's not been hacked. we have a guy who said it was hacked. stuart: okay. >> he has released information on other people that he's hacked before. stuart: right. >> but he has never provided any information, like documentation. stuart: okay, let me get to that. four weeks ago he did a similar interview with nbc where he told nbc precisely what he told fox just the other day. no change in detail. experts have looked at what he

said and said, yes, that's how you could get into hillary clinton's e-mail. now, are you going to totally dismiss this and say it's a lie, it didn't exist, are you going to say that. >> no, there are two issues. respond to it, she's in much worse legal position now, are you going to accept this? >> she could be, could be. if when they interview him, he can provide information on hacking, trying to get on fox and get interviews. if he can show the fbi what he did and others did is true, she's in a terrible position. and i've never said she has not made bad decisions. this is bad judgment. hillary has a new scathing political ad, it attacks donald trump using the words of fellow republicans. we are going to show you the full ad and you can see part of it right there. you get the gist of it, the full ad later in the program.

here is a story that we started. democrats talking points, linking trump to the klan. it started with brad sherman on this program, california democrat congressman and went on to elizabeth warren, senator warren and took to social media shortly after then this is what she tweeted, there's more enthusiasm for donald trump from leaders of the kkk than leaders of the political party he controls. hillary clinton retweeted that much, but has deleted that. she said this. >> anybody who listened to him and how he's talked certainly withdraw that conclusion. >> do you think he's a racist? >> i'm going to let people judge for themselves. stuart: all right, trump surrogate pastor mark byrnes is here now. you're a trump supporter. will you answer this question, is donald trump is racist in your opinion, sir? >> well, stuart, i wouldn't be

sitting here talking to you and rallying behind donald trump across the country, unify the g.o.p. party for mr. donald trump if i thought donald trump was a racist. as i said before, stuart, i am from the south, from south carolina, okay, i have a caucasian wife, i have six beautiful brown babies, i know what real racism is here in the south, deep south in south carolina. right around the corner the next county, there are active kkk groups that, you know, that are very proud of their rebel flag, that actively, you know, parade it in the streets. so, i know, stuart, what real racism is and it is very unfair for hillary clinton to declare specifically that donald trump is a racist. again, this is a play of what the campaign is going to look like.

stuart: pastor, can you give me an idea how many other black folks feel the same as you? >> stuart, again, i've been across this country. right now donald trump has captured the heart and imagination of millions of voters across this country and blacks the same. the problem is, because he's so politically incorrect, he has so many blacks that are supporting donald trump, but because of the attack and because of this politically incorrectness of this game, you know, so many blacks don't publicly speak up. trust me when i tell you, again, there are so many blacks voting for donald trumps than you hear. stuart: it's a secret ballot. pastor mark burns, thank you. come back and see us. >> good to see you, stuart. stuart: okay, i want to get to that massive takata air bag earlier. the largest in american history.

how many air bags have been called. ashley: up to this point 28 million. the latest recall adds another 35 to 40 million vehicles that have this air bag in there. this air bag contains a chemical that breaks down in extreme heat and humidity. stuart: there's a picture of it sploeting. >> it explodes and sends the shrapnel into the vehicle and killed people. and they haven't been contacted yet to have it replaced, this could go through 2019. stuart: how can you replace 80 million or whatever the number is just like that? there's got to be people driving. >> the financial status of takata. can they handle it or go into bankruptcy? all kinds of questions out there. stuart: now, look at it, that's the diamond the size of a tennis ball, the second largest gem quality enough diamond discovered. it's over 1100 carats and it's

supposed to have exceptional transparency and it's expected to deliver only, relatively, 70 million. i would have thought so, but 1100 carats second biggest discovered, a lousy 70 million? >> my boyfriend would dump me if i said to him, i had like diamond? >> probably. and david cameron says to be cautious, the muslim candidate has been seen with an isis supporter. more on this in just a moment. poor mouth breather.

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>> the honorable member has appeared on a platform with him nine times. he even shared a platform, mr. speaker, i think they are shutting down this point

because they don't want to hear the truth. those are some fireworks in the british parliament. david cameron called a racist as a mayoral candidate, that he had supporters linked to the islamic state. all right, zuhdi jasser is here. he was shouted down and called a racist by the left. i don't know how to approach you on this. it's a british thing, but what do you think about this? >> listen, the prime minister is trying to educate. it's a teaching moment for britain. it's not just a question of him being muslim, but what is his stance on the sharia state. this is a guy who defended a guantanamo bay prisoner he wanted released back to the u.k., demonstrated for him and didn't call out his extremism and he's worked with an

organization that stood beside radical islamists and has been discredited and actually on that organization, called the isis activist hamiltonsawi a beautiful person. it's more than him being muslim, it's his ideology on the sharia state and as a muslim working for reform, he's one of the muslims i don't see any sign of working on reform or the idea that islamism is the problem. stuart: it would be considered a victory for muslims if he were elected the mayor of london and he is likely to be elected the mayor of london. it would be taken as a victory, wouldn't it? >> it would. this is the problem with identity politics and equating muslim if being a race card, it's ideology, he's playing to the right of corbin in london

because corbin has been seen as his party has sort of been working with hamas sympathy, hezbollah sympathies, anti-semitism. so it's easy for him to be the right of that. it's not about identity. where is his position on political islam, his position on reform and whether we need to counter not just violent extremism, but the islamism that infuses organizations that he's linked to, that prime minister cameron has been calling light to and unfortunately been called a bigot and other things like that. stuart: thank you for throwing positive light on what's going on around the world. we appreciate that, thank you very much. >> anytime. stuart: all right, did you see this video? president obama, this is him in flint, michigan. he drank the water there. he says it's time for flint to rebuild, that the water is now safe to drink. that's president obama, flint, michigan. next case, chick-fil-a expanding in new york. but mayor deblasio says he's going to urge others to do the

same. what is going on with this? that's next.

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a weak outlook. the word one trick pony occurs to me. ashley: do that all the time with fitbit. but the ceo says we have to suspend, down beat outlook to get new devices and releasing two new products later this year, not giving the detail, that takes money, but hurting the stock. stuart: a big drop at the opening. now get this, the socialist mayor of new york city telling new yorkers don't eat at chick-fil-a. here is the quote, what the ownership of chick-fil-a has said is wrong. i'm certainly not going to patronize them and i wouldn't urge any other new yorker to paytonize them, but they do have a legal right. he's referring to chick-fil-a's stance traditional marriage. i don't think that if you support traditional marriage you're necessarily anti-gay, the mayor is saying you're anti-gay and i'm not going to support chick-fil-a.

i think it's a bad move and the boycott against him. >> who listens to the guy anyway, but that being said-- he's not a popular mayor. ashley: understatement. >> but that being said, chick-fil-a has a history and a pattern and practice of anti-lbgt behavior. they've donated millions of dollars to marriage and family foundation. one of their guys, one of their executives tweeted a photo of him riding motorcycle with them. and they give million and million to anti-guy associations. stuart: what is america coming to, good lord. >> why can't we all be equal. do you care what somebody else does in their bedroom. stuart: no. ashley: no. stuart: if i want to support traditional marriage, i will support traditional marriage, doesn't mean to say i'm a hater. that's what you're implying and

that's what the mayor is implying, i'm not. >> based on the millions that they give to supporters-- >> you should hear what they're saying in my ear. a whale jumps out of the water with mouth wide open. i want to see the mouth-- whoa! how about that? desperate times at yahoo!. katie couric reports she's trying to get out of the company, she wants to see who is going to buy it before she leaves. back in a moment. thank you. ordering chinese food is a very predictable experience. i order b14. i get b14. no surprises. buying business internet, on the other hand, can be a roller coaster white knuckle thrill ride. you're promised one speed. but do you consistently get it? you do with comcast business. it's reliable. just like kung pao fish. thank you, ping. reliably fast internet

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[opening bell rings] stuart: right up on 9:30. opening bell is ringing. now we're open for trading. we're going to go up, not by much, 30, 40 points. we're up 22 in the very early, early going. we have a quote from tesla just coming in right from the opening bell. they are moving higher. they're up about five bucks. 2% more than that. elon musk forecast a big expansion of model 3 production. the stock is up right from the get-go. ashley webster here. elizabeth macdonald. larry levin in chicago. dr barden here in new york. why is the stock moving up, ash? >> they lost 70 million in the first quarter, better than

expected overall though. elon is saying production is going to ramp up. the model 3, the cheaper version, 35,000-dollar base price version, they say they will have one million in annual production of the car by 2020. the goal is up to produce 500,000 cars moved up from 2020 to 2018. in other words ahead of schedule if you buy into that. stuart: you don't buy into it. you don't think he can do it? >> i'm taking under on all the numbers ashley gave us. they just lost their vice president of production an manufacturing yesterday which is why they were down so much yesterday. to have huge pronouncesments the guys there to make those things happen are moving out, they have to bring other people in i think is a tough road to hoe. stuart: a lot of people say you can't raise product five-fold in couple of years and do it. you just can't -- >> they have massive cash burn. they have only 1.3 billion on the balance sheet. tax subsidies.

stuart: don't worry about it. names we check every day from the opening bell we start with apple. the apple watch we here is providing competition to fitbit. that is the word on the street at least. apple is at 93 this morning. how about mcdonald's? a little shy of all-time high. 130 yesterday. 129 today. alibaba, up 5%. game-maker, zynga, remember them? the phantom pig people? they are cutting costs and increase profits. look what that does for you. 11% to the upside, ladies and gentlemen. get to fitbit, higher expenses taking bite out of profits, weak quarterly outlook. nicole, tell me. >> this is down big time, down 13% for fitbit today, for this year, 2016, it is down over 40%. this is the problem. they saw sales go slightly higher, right?

they saw first quarter sales jump 50% but their operating costs and marketing costs tripled. and the fact that the other question whether or not this is gadget you use and stash in a drawer? they have big intense competition from other smartwatches such as apple. so overall profit dropped 77%. stock shows you this is a tiff one today. stuart: 50 bucks a share a year ago. now at 15. we got it. thanks so much, nicole. kraft-heinz, their profits, they are cutting costs at that company as well, making profits better. the stock up 3%, nearly 4% there. disappointing profits at trip advisor, down it goes about 2%. look at chesapeake, it lost less money, so it is up 10%. godaddy, lower sales. down 6%. when you disappoint you are taken to the woodshed. now let's look at oil. that may be moving the market today.

it is up a buck 62 at 45. larry, i have to talk to you about the wildfires in canada. we're told they shut down some production in the oil patch. this is a big deal, a wildfire. >> yeah. biggest wildfire, biggest evacuation canada had as far as a wildfire is concerned. it is big one. you see some. pictures you guys showing are scary, watching people run from it. implication for oil and energy, knee-jerk reaction. if you were long oil, 42, $43. this hit is not good in canada. you're in good shape with the position. maybe another dollar or so higher rest of the week. stuart: whoa, how about that. first time i can remember a catastrophe like this, a wildfire having that kind of impact on global market. i've not seen that before. big deal indeed. especially for people who live there, poor devils. higher profits at weight watchers and it raised it's outlook.

is this oprah effect? >> yeah. they have 3 million members. that break as four-year losing streak when membership was down. oprah, $12 million overnight what she made on the stake in weight watchers. her stake doubled, to 92 million from 42 million when she bought 10% stake. stuart: she put in 43 million, that is the stake she bought. >> correct. stuart: now it is worth 92 million? >> that is where it is trading now. stuart: talk about nutrisystem. >> the stock popped 20% on raised outlook. this time of year, people are buying weight reduction programs. so this is a seals force. stuart: cyclical thing. >> cyclical thing, good point. stuart: do you ever buy into diet stocks? >> i think a survey in the '90s, americans want two things, they want to be rich and they want to be thin. anything we can do to pander to that will make money. stuart: i'm intrigued different ways of losing weight.

nutrisystem send your food. weight watchers shames you. >> shames you. stuart: they do. i never been this but they do. >> even for eating bread. stuart: there you go. time to look at yahoo! looking for a buyer. katie couric, she is global anchor at yahoo! news. >> she is. stuart: she wants to know who is going to buy them. when she finds out she may leave the company. that's what i think. >> may be asked to leave. her contract went from six million to 10 million last year. that is not bad you know. well, i'm just saying. stuart: that's true. >> looks good to me. she is sitting on the fence waiting to see what happens. there are reports that frustrated people who use yahoo! find it hard to find her content, news content. she had success. she did obituary piece on prince that got five million viewers on yahoo!. she has something to back up salary. stuart: don't forget about media stocks. chime in there. 20 first century fox, parent of

this network. cable channels on this organization, brought in higher affiliate fees and ad revenue. remember the movie "deadpool"? big winner for studios. sister company, news corporation, that reports after bell. that includes "wall street journal" and dow jones. twitter, i want to talk about this stock. everywhere you go you hear the words twitter. all these celebrities, politicians, donald trump, they all use it and yet the stock couple days ago hit a new low. >> below ipo price. lost 2/3 of the market price since it april mode. here is the back store. only people spend ten minutes aday. only four in 10 twitter accounts seen tweets last year. they have been inactive. even though twitter is growing user base. people don't go on twitter to tweet. they don't spend a lot of time

on twitter. bad for ad sales. they want people really tweeting every day. stuart: is there room for this with social network with facebooks and linkedin? >> it is independent. it could sell itself. stuart: who is going to buy it? >> there is some reasons for google. there are some reasons for facebook to buy it. they are great for instant news. they are probably my go-to place for instant news as liz said they haven't hit millenials. they haven't hit mobile buyers. our generation not so much mobile buyers. stuart: if you can't make money off a product which is used and looked at by countless people. >> 320 million. stuart: 320 million a month and you can't make serious money out of that, what is management doing here? am i wrong about this? >> why someone like facebook or google knows how to turn ad revenue up. stuart: what would obama government say about a social network taking over another social network? conflicts there. un-american.

wicked corporations. >> yeah. stuart: how about google? [laughter]. youtube they have got that. may do a web tv service. i think that means you pay for bundle of cable tv channels and get it through youtube? >> that's right. we don't know what the price will be. youtube stepping in here, wow, that is big deal for skinny bundle future people are wanting. what do we think rates will be, $10 a month or $20 a month? we don't know what youtube will charge. stuart: futures markets got it right. before the market started we were expecting a gain of 40 or 50 points. that's what we've got. as of ten minutes into the trading session, almost there, we are up 45 points. 16, 600 on the dow. happy cinco de mayo. more people drink on cinco de mayo than on super bowl

sunday or st. patrick's day. >> that is amazing. stuart: i find that hard to believe. >> st. patrick's day be? are you kidding me? stuart: who did the research. tequila makers i guarranty it. i have a question for you, liz. >> ow oh. stuart: am i insensitive, should i be thrown out of america if i wear a sombero? am i insensitive to people of mexican descent? >> absolutely not. take you to march in the st. patrick's day parade. you will get tossed out of britain for that. stuart: i want to know, if i wore a sombrero, would you throw me out of america? >> i certainly would not throw you out of the america if you wore it today or any other draw but i guess today is the day to wear it. stuart: i will remember that. larry, thank you very much indeed. sorry i missed you out there. turn around, former, president of mexico, vicente fox,

apologizing to donald trump for saying nasty things about him. now, he is inviting trump to go to mexico. we've got that story? hillary clinton said she wanted to put coal miners out of business. this is the moment she was confronted by a laid off coal miner. that worker at 10:00 hour. attorney general of texas, talking to target on its transgender policy. he says it is a major crime risk. ♪

♪ stuart: oh, so true, mick. so true. rolling stones famous song, you can't always get what you want. but look, the stones are withdrawing their music from the

trump campaign. >> they are. saying you can't always get what you want. you can't use our songs for your campaign events. he had rolling stones song, "start me up." we never gave you permission. don't want you to use it. trump cure rates all his music. big music guys. sympathy for the devil as well. he likes rolling stones. but stones says stop it immediately. stuart: maybe they don't like trump, i don't know. >> could be. stuart: quick news alert for you, donald trump is heading for coal country. he is doing that today. his campaign just announcing he will hold an event in charleston, west virginia, 7:00 eastern. trump in coal country. why not. looks like come november looks like we'll have donald trump versus hillary clinton general. james lacy is with us. let me explain this. james lacy is our guy out in constantly ranting about the

state of liberal politics in california. i will ask you this question. can you see the day coming when donald trump would beat hillary clinton in the general, in california? you're not going to tell me that he beats hillary in california this year? are you going to tell me that? >> i'm not going to promise you that. i might not even bet on it, i will tell in this election year odder things have happened. who would have thought last summer when donald trump announce he would run for president that he would be the gop nominee today? i want to tell you something, last time i was on your show i predicted that donald trump would win california primary and that would take him into the national convention. that is what happened. i'm sorry he didn't have the opportunity to confront cruz because trump has so much support in this state he would have gotten, 60 or 65% of the vote. that is the case. let's step back -- stuart: do you think that trump has a better chance of beating hillary in california than any other republican candidate?

>> he absolutely does and let's step back and look at some of the statistics. four years ago romney lost terribly to obama, 60% to 37%. but there was initiative on that ballot that really reflects the truth about california. california really isn't as liberal a state as it votes according to public opinion polls. there was a proposition called proposition 30 on the ballot. was a tax increase. it passed with 55% of the vote to 45% of the vote. now there was about a 1 1/2 million gap between the yes and the no. and that reflect difference, real difference in california between democrats and republicans. there were 12 1/2 million people who voted in that election. now let me start tell you, stuart. californians don't vote. in last presidential election less than half of eligible voters voted. there were 12 1/2 million voters

on the sideline. why are they on the sideline? because they're disenchanted. their taxes are too high. unemployment is too high. all donald trump has to do is tap into about 10 to 12% of that vote and he is competitive. and i think that's what scares the democrats because -- stuart: wait a second. are you holding out the vague hope from your side of the fence, political fence, the vague, vague hope, that trump could pull off a wild and crazy upset win in california against hillary? are you holding out that hope there, lacy? >> one of my favorite movies when i was a kid was called, "pollyanna." let me say this, if trump can just be competitive in california, he can win the national election and here's why. california is a very expensive media market. the democrats have won it every election since 1988. but if trump can close that 10% gap that i'm talking about, and force hillary to campaign in this state, it is going to take

away resources from the democrats and all the other swing states because they need to be there. stuart: interesting. >> and trump, trump is pulling it together in california. i can tell you, i can say that the trump campaign will announce today that congressman darrell issa, very important and powerful figure in california, the father of the recall of gray davis, is today endorsing donald trump. he is being a spokesman. stuart: that is news, one more in the trump camp. james, i got to go. thanks for joining us. keep that hope alive from your side of the fence. not exactly wild and crazy dreaming. lacy, we'll see you later. check the big board, not much of a rally. we're up 18 points. that's it. look at gun stocks. gun sales are now up for 12 straight months. liz, tell me how many guns will we see in america this calendar year? >> 29 million. that basically beats, that would be a record. that is what is on trend for.

that is triple what it was in 2002. so is the obama administration a good gun salesman? appears yes. every time they do to move to gun control measures people buy guns. stuart: 29 million in this calendar year, that is the projection? >> yes. stuart: all, that is amazing. thanks, liz. have a look at this. this is washington, d.c. police releasing footage of three armed robbers. they you will jumped through mcdonald's drive-through window trying to get hands on cash. people asking for assistance identifying them. good luck with that. can't see faces. the newly passed bathroom gender bill in north carolina the justice department says violates the civil rights act. more on that in a moment. oh, look at you, so great to see you! none of this works. come on in.

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sent a letter to north carolina by monday you need to undo what you just passed. stuart: that is what they're saying about north carolina.is . the attorney general there, ken paxton, latest to question target for its transgender bathroom policy wrote letter to executives at target. he argues bathroom policy a crime risk. todd starnes is hire. so the texas attorney general says if you allow a guy, because he says i identify as a woman, a guy to go into a target's woman's bathroom, that is a crime risk, that is what he is saying? >> that's right. he says you put women and children in jeopardy when you do that. they're not talking about transgender individuals. talking about bad actors, people who might take advantage of that. for example, last night at a target in 'frisco, texas, who caught a guy photographing her, filming her. police put out the guy's photograph. they're trying to hunt down this individual.

those are kinds of people they want to stop from getting into these bathrooms. under target as policy that guy was allowed inside of the bathroom and nobody, nobody batted an eye. stuart: does that violate civil rights rules, laws? >> well that is the big issue because you mentioned in north carolina the government is coming in and they're forcing these states and forcing school distributes to comply with these transgender rules. they're saying hey look, if you don't do this, we'll take away all of your federal funding, hundreds of millions of dollars. that is what they're threatening to do in north carolina. that is what they threatened to do to a school in chicago yesterday. 50 families filed a federal lawsuit against the department of education, because the feds came in and said, you will let a boy in the girl's locker room and if you don't, we're going to yank your funding. stuart: so, all public bathrooms have to change to become unisex? is that the end of the road here?

>> that is the endgame here, stuart, that's why we're seeing stories pop up in small towns and community, department of education once they get wind of this, they come in you change the rules to comply with our transgender policies or we'll take away your federal funding. remember what president obama said when he campaigned for his first run in office, he said he promised to fundamentally transform the nation. stuart, this is how he is doing it. stuart: stuart, got that right. throwing light on that, thank you, todd starnes. less than 24 hours after donald trump became presumptive nominee, he release ad scathing attack ad, using republican voices against trump. we'll play all of it, i should say next hour, all of it. plus out-work coal mine they're confronts hillary clinton. hillary offered welfare instead of jobs. we'll ask him what he thinks about that. second, hour, "varney & company," two minutes

away.

>> we'll be unified. stuart: new this hour, hillary clinton's sharp-edged attack ad. she was sitting on this one. attack ad against trump. was waiting to release it until she knew trump was presumptive nominee. you will see all of it on this hour. new this hour, the coal miner confronted hillary clinton in west virginia. the battle for coal country just ahead on this program. johnny manziel or "johnny football" appears in court in dallas. he smiles in his mug shot. we do, we cover it all. go to the markets why not do that up front. 30 points up for the dow industrials at 16,600. it is canadian wildfire has hit the oil patch. that is hurting helping the

price of oil move straight up. 45 on oil now. fitbit though, that's way down. 11%. starbucks, they have responded to the class-action lawsuit which claimed they put too much ice in their ice drinks, liz. >> coming backswing saying the suit is frivolous and without merit. if you want your drink remade, we will gladly remake it for you with less ice. this woman who filed this though, it is a federal lawsuit. clearly the way it is written she wants the government to probe this and looking for class-action status going back 10 years over there at starbucks. stuart: oh, my gosh. i'm sorry, i find that ridiculous. i really do. i don't mean to be pejorative of the legal issue but that is flat-out stupid. >> all of things in the world, too much ice in your drink. stuart: i smell lawyers behind this. 30% of the take plus expense. >> she said it is federal lawsuit. stuart: yeah. if you're part of that lawsuit, you may get coupon for a iced

coffee at starbucks. lawyers get a lot of money. they will get the money. kwamme down. deep breath. go to tesla, why not it is up big today. elon musk made big promises. now it is down. that is interesting, doubters came into the stock. >> he hood bullish outlook. p.t. barnum you call him and will push his outlook. he said demand for new model 3 is tremendous. we'll be able to produce one million of these vehicles by the year 2020. by the way they did lose 75 million, which doesn't sound great in the first quarter but better than analysts expected. in other words the pop in the stock was because he had bullish outlook on production and demand. >> yes. >> how realistic are those goals? he has been proven wrong in the past. stuart: how do you expand your production five-fold in a couple of years and produce a million model 3s by the year 2020? >> when you only have billion on the balance sheet.

skew the snark buzzer. elon musk owns 27% of the tesla. watch what he says. stuart: okay. big political story of the morning is this. a romanian hacker, known as "gucifer," speaking speaking wih fox news, he said he easily around repeatedly hacked into hillary clinton's personal email server in 2013. and he says, others hacked into it as well. watch this. stuart: okay. so others hacked into it as well. syndicated talk show host and fox news contributor leslie marshall is with us. welcome to the program. to me this is question of judgment. she knew going into this, that people's emails can be hacked very, very easily but she did it anyway. set up a private non-secure

email server system. now we find out it has been hacked. you can't do that. you can't run for the presidency of the united states of america with judgment like that and you say? >> well i say, first of all we don't know it has been hacked. the fbi says it has not been hacked. stuart: excuse me. you can bring your own opinion but can't bring your own facts. what the fbi said -- >> they have no evidence that guy hacked exempt for his claims. stuart: we also know you're a reasonably good hacker you get in and out without anybody knowing. >> if you have it, make such a claim -- stuart: you think he is lying. >> yes i do. stuart: did he lie to nbc news four weeks ago when he said exactly same thing? that is total lie. he doesn't made up. >> he doesn't have the evidence. he had evidence when he claimed he hacked into colin powell. he had evidence when he claimed to hack into former president bush. he doesn't have any evidence. sure did he give out her private email address at some time, somebody had it used to work for her, maybe even friend of hers,

gave it to somebody to gave it to somebody gave it to somebody but doesn't have evidence of this claim. stuart: you don't think they have evidence he hacked into it. >> i believe the fbi said -- stuart: the experts went over that interview. how we got into it, found out about sidney blumenthal. got into his email. having got into his email he got into hillary's private server. >> he hasn't produced -- no i do not. if he produces something i would believe him. show me the proof. stuart: blow this of all away, no consequence whatsoever. >> that is not what i said. that's not what i said. i'm saying you have to look at your source. this guy is in prison cell in virginia making any claim without evidence. to your point being, not being cautious and being reckless i agree but as i said before, being reckless, even stupidity is not criminal. stuart: if she is, if he is telling the truth, if he did this, is she finished? >> no. stuart: no? >> no. stuart: she can get over this. >> first of all, a, did he? i don't believe he did.

i will go to vegas with that. i'm comfortable with that. stuart: okay. interesting. in our next hour judge napolitano will join us for his extended analysis of this hillary hacking. we'll have it from him. now to a story that began here on "varney & company," democrats using the klan, cue clucks klan as anti-trump -- cue clucks -- klan. senator warren treated about trump and kkk. hillary clinton endorsed that by retweeting that tweet. we should note that retweet has been since removed from her page. joining us the author of con man, that is crystal wright. welcome to the program. >> thank you, stuart. stuart: what does a black lady make of linking trump to the ku klux klan. >> the black lady named crystal wright and hillary clinton should watch out,

elizabeth warren trying to be her surrogate, when you start accusing donald trump being racist you better be prepared gloves will come off. he is going to go, he will take on hillary's gender and will remind her she has been married to serial philanderer, bill clinton, without whom she wouldn't be able to run for president, not once, but twice. stuart: do you think there is anything in it? the argument is, that trump did not immediately say, dismiss anything to the kkk. >> correct. stuart: any klan supporter who supports trump. he didn't immediately, categorically dismiss this person. is that grounds saying you're a racist? >> no. i have written critically about donald trump's not right from the get-go dismissing saying look, i just don't disavow, i reject the kkk, white supremacists. i can't control who goes in the voting booth for me but he

should have done what reagan did, when reagan got endorsement of white supremacists when he ran for re-election, he should have said immediately this is non-american. however i do not believe donald trump who is racist i tell you who real racists are i think establishment republicans who are really threatened and angry donald trump is blowing up their country club opinion. that is my opinion who real racists are in this 2016 campaign. donald trump is not a racist. donald trump will however have to go into black communities, hispanic communities and prove that. he will have to work for the vote. stuart: if he does that, if he does that, what proportion of the black vote do you think that donald trump could get against hillary if that is the matchup in november? >> i predict that donald trump is going to take hillary head-on with her "black lives matter" and i think donald trump will get a sizable portion of the black vote. you know what he will say. while hillary telling you black lies, her husband in 1994 passed

the crime bill that massively incarcerated black people. she will say and do anything to get elected, that includes pandering to black votes. she doesn't care. i think there is wealth of information for donald trump. get ready, hillary, calling donald trump a racist, really? the gloves are going to come off. i think he can definitely get black vote and women vote. stuart: crystal wright, we hear you fired up. >> i am. stuart: thank you very much. next stop for you, ashley, fda just announcing more e-cig regulations. >> they are,ing many others. banning sale of all e-cigarettes to anyone under the age of 18. this also includes cigars, pipe tobacco, hook can tobacco. those particular products were not overseen by fda they oversee regular cigarettes, smokeless tobacco. they have pretty much the entire tobacco industry untheir review which means more regular like. you would think this is bad news for tobacco makers. the big makers are up today.

it is believes that these regulations will knock out smaller makers of tobacco products leaving big guys with better share of the market. isn't that interesting? stuart: couple tobacco stocks are down, not much. >> look at philip morris and bat. stuart: they're up. thank you very much. florida's governor, rick scott was in california this week trying to get businesses to move from the formerly golden state to the sunshine state known as florida. he is pegging it on california's $15 an hour minimum wage. how did he do? any evidence? >> social media lit up. essentially saying california you will lose 700,000 jobs over next 11 years through the $15 minimum wage. even democrat state lawmakers in central valley warn being same. governor jerry brown says we'll lose low-skilled jocks earlier this year when we hike minimum wage. san francisco fed, minimum wage hikes will cause job losses. cbo, half a million job losses

due to minimum wage hikes. that is balance. higher wages for low-skilled workers versus job losses. this is economy, families trying to race families on minimum wage. stuart: thanks, liz up next the out-of-work coal miner who confronted hillary clinton. called her out on her flip-flopping on coal. more from this man in a moment. watch this. >> i'm hurting now. there is a lot of families that are hurting and going without right now. we're not worried about down the road. we're worried about what we're going to do for our families now. ♪ month here.

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stuart: i do believe this is the high of the day. we're up, what's that, 79 points for the dow industrials. that is 17,700.

have to show you what is going on in canada in the middle of alberta's oil patch. it is still burning, raising price of oil nearly two dollars a barrel. what is the latest? >> this shut down major oil sands mining operation completely and reduced production from elsewhere. this is a huge oil sands area. it will affect half a million barrels of a day of oil taken off the market because of this. the only good news, the forecast calling for cooler weather and some rain. that may be able to damp it down a bit. quite remarkable. had to evacuate a down of 88,000. set up operations center. had to evacuate that but things are moving quickly. stuart: back to the election and coal country. hillary clinton did indeed flip-flop on killing coal. she said she will kill the industry. now she said it was market forces, cheap coal that bankrupted the coal industry. roll tape. >> the market is making this decision. the market has driven down the cost of coal.

so you have companies going bankrupt. stuart: i think you could make the case very cheap natural gas hurt the coal industry. >> that's right. stuart: i think you could make the case president obama's regulations hurt the coal industry too. >> yeah, red tape rising over the last two terms of the presidency of president obama. you can see price action in coal stocks really going down as the epa and other units of the federal government really stepped up the regulatory attack on the coal industry. the issue is, these are high-paying jobs and you can't replace them with solar panel jobs because those are lower-paying. that's why donald trump path to the white house is right through appalachia and rust belt and also other states. stuart: let's bring in a out-of-work coal miner who indeed confront hillary clinton on the flip-flop on coal. bo coply with us. welcome to the program. good to see you, sir? >> thanks for having me stuart, pleasure to be here. stuart: now hillary clinton says, she will take care of you. she will give you money

essentially, $30 billion for the entire coal patch if i can put it like that. which would you rather have, your job back in the coal industry, or money from the federal government? >> i would definitely rather be working to make my living. i definitely not looking for a handout in any way, shape or form. stuart: now, what do you make of hillary's statement that it was the market, supply and demand which equals price, it was the market that hurt the coal industry, what do you make of that? >> well, the market has a ebb and flow to it. i'm not an expert by no means but in my 11 years in the coal industry you, we probably experienced three, four, different periods of low spells versus high spells but, you were spot on with the regulations driving the cost of coal up and the natural gas prices being so low because they're not regulated the way that the coal industry is.

it is a, definitely part of the obama administration's war on coal through the epa and their regulations on it is definitely the reason why the market changed the way that it did. stuart: now, i'm not asking you whether you support donald trump or not but i think you got a pretty good finger on the pulse, the political pulse of where you live. are a lot of guys in the coal industry now moving towards donald trump's candidacy? >> in my area that's the way it appears to be. he is actually going to be here in charleston, west virginia, today for a rally and i have got a lost friend that plan on being there at the rally. stuart: can i just ask you, rather, what exactly did you do, as a coal miner, what did you do? >> i was a maintenance planner and a foreman. i was a certified foreman and when our maintenance foreman would be off and i would go in

the field to fill in for themselves but generally i planned our component change-outs, services and things on the different types of equipment that we had. stuart: do you mind if i ask you, roughly, how much did you used to make? >> it varied. my salary, i was a salaried employee was somewhere around being, probably 72 to 75,000 but, with different bonuses we got safety bonus regularly. we got, em t-bone newses. i was an emt as well. we get a yearly bonus for that as well. stuart: have you any hope of replacing that kind of income level? >> not currently, not in our area, no. stuart: okay. bo coply, thank you very much indeed for being so honest and open with us. we're much obliged to you, come again and see us please.

we appreciate you being here. >> thank you, stuart, i appreciate it. stuart: a little delay there to compensate. we appreciate bo coply. look at this, moments ago, johnny manziel arriving in court, sometimes known as "johnny football." he is accused of hitting his girlfriend, dragger had into a car against her will during a night out back in january. more on this later this hour. hillary clinton's new attack ad, uses trump's republican opponents to go after trump. more from this next. >> the bullying, the greed, the showing off. >> i'm really rich. >> the misogyny. absurd third grade theatrics. >> count to 10, donald. >> he is race bating xenophobic religious bigot. >> a fares sift at a level i don't think this country has ever seen. thank you. ordering chinese food is a very predictable experience. i order b14. i get b14.

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stuart: higher profits at whole foods. they controlled the costs while lower prices. market loves it up 4%. now this. hillary clinton out with new attack ad against donald trump. she is using clips from republicans to go after trump. >> i will be unifier. we'll be unified party. >> he is con artist. >> a phony. >> donald trump is the no-nothing candidate. >> donald is bully. >> bullying, the greed, the showing off. >> i'm really rich. >> the misogyny. the third grade tactics. >> count to 10, donald. >> he is a xenophobic, religious bigot. >> a narcissist this country has never seen. >> this guy is so unfit to be

commander-in-chief. >> his foreign policies would make america and world less safe. >> i bring people together. everybody loves me. >> he has got, he needs therapy. [laughter] stuart: that was pretty good ad, i got to say. >> it is great ad. it is a great ad. stuart: by the way donald trump said this morning, he would consider any of his opponents for vice-presidential, the vp position, except, jeb bush and senator lindsey graham. so they're out. maybe the others are in. even though what they said. >> i think probably there were some phone calls that said, hey, ted, hey, marco, hey, john, i have jobs for you if you back me. i think they will come forward and back him. i don't think we'll see that from bush and graham. stuart: but we are going to see a response from the trump camp. >> oh, yes. look. stuart: fierce counter public cher. >> whoever, regardless of one's opinion on hillary clinton and clinton camp and everybody a aligning her with bill clinton

who is not running, i have to keep reminding people, she is, this is beginning of a lot of great ads. this is her, i believe poking. i think the campaign's poking because she said loose cannon, how many times in that interview with anderson cooper. she wants to prove that phrase. i think she will be successful at it. i think he is going to blow like a volcano. stuart: like a volcano. we'll take that. leslie marshall. thanks very much indeed. >> thank you. stuart: how is this for a statistic? in the last year after two-term presidency markets go negative. we have someone to explain that, because we are in the last year of a two-term presidency. back in a moment. ♪ ♪ ram trucks are reaching new heights when it comes to capability and efficiency.

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speak to in court today. accused of hitting his girlfriend. give me the full story. ashley: indicted last month. threaten to kill his ex-girlfriend. he is in court today. he could face up to a year in prison. the short career with the cleveland browns. spiraling out of control. losing endorsements big-time. losing a lot of money. we will get into that in the next hour. right now, he is facing discharge of up to a year in prison and. stuart: tragedy. what an outrage. historically, the last year of the second term, in the second term, let me start this again, the last year in a true term presidency not good for the stock market. jeffrey small is with us.

he has been looking at history. the last year for the two-term president is always bad. because this is the last year of a two-term president, we have set everything now. >> i think that that may not be a bad idea. the average trot. around 50% on the dow. the last year of the eight. term. we go back to 2000. clinton. that ended up being a 48 drop on the dow and s&p. with bush we had a real estate and credit lapse. another drop on the s&p. it may not be a bad idea with what is going on in the markets. stuart: you have us all nicely worried, jeffrey. [laughter] stay there and think about it for a second. we will move on to another subject. we will get back to you in a moment. fiscal times. your reaction to what jeff small just said. >> i think those are interesting

analogies, but not necessarily appropriate. we do not have the overhang that took place in 2008 and we don't have the inflation of values in 2000. i think we have other problems. very slow growth. i do not think much will happen in terms of legislation and so forth you'd what we have had is a slow continuing modest recovery and companies masking that with all sorts of financial engineering. that is kind of done now. it is hard to figure out why those stock markets will go significantly higher, but i do not look for correction like that. stuart: you are not selling in may and going away, as they say. >> you could make that argument. the other thing is, there is no place to go. you put your money in fixed in income and getting 6%. that is not the case. the two nerves of steel. next one. donald trump.

he is in the "new york times" today. what he would do if elected president in his first 100 days. laying out plans to design the wall. elect a replacement for justice scalia did he lays it all out. what would you do as soon as he walks into the oval office. those people say he has not got a plan. >> i think that he does have a plan. he needs to continue with this agenda. he has made it very clear what his priorities are. securing our border is very popular with the american people. i think the interesting question is how much it is much more about style than policy with donald trump. totally up to donald trump how he moves forward. whether he can convince the rest of the country whether he is presidential material. most people like his policy. worried about the unorthodox presentation of it, shall we say.

stuart: it is almost universal. what a terrible candidate in person he is. in the "new york times," he is saying how his presidency would look. what he would do. how he would shape the presidency. how he would use the oval office. that is a very different perspective. as it comes across, in a way that is reassuring. ashley: presidential be to reassuring, presidential, knows what he is going to do. you may or may not agree with the wall, but it sounds like he knows what he is doing. liz: here we go. [laughter] stuart: let's go to hillary's e-mail scandal. got a whole lot worse. romanian hacker telling fox news that he breached clinton's private server. he said that it was easy. what does that say about hillary's judgment?

>> we always knew that the risk was that her private communications, in this 22 top-secret, which is really top-secret communications, could have been made available to the bad guys. that is totally the case. her defense, this was just a convenience and all these other issues -- ashley: he releases e-mails. he releases an e-mail of sensitive information. >> go ahead, stuart. stuart: nine or 10 other people were i can i.c.e. agent hacked into. >> was the issue is hillary clinton and her kids cannot say that they have never been hacked. here is the other problem. cyber security experts did a scan on her private server. the first three months of her tenure as secretary of state, it was wide open. it did not have the layer of security that it needed.

she visited egypt and china and other countries during that time. she could have easily been hacked. stuart: just a volatile note in the 11:00 o'clock hour with more of this. meanwhile, bernie sanders. the awarding of superdelegates in the democrat party is a rigged system. former obama white house senior director is with us now. you are a democrat. ernie says, hey, it is rigged, in favor of the establishment. hillary had a leg up right from the get-go. >> say that anytime someone is in a losing position. people start to talk about the rules of the primary game being rigged. no one said that bernie sanders had to run as a democrat. for about 30 years, he did not. he won his senate seat as an independent. he registered to vote with the party. i think we have forgotten that a lot of people don't think this

is a general election. understand how the rules are and play the game accordingly. stuart: i think you are in the hillary camp, if i am not mistaken. what are you point to do it bernie went california? >> he has to win by 20 point margin. stuart: i am not talking about delegates. the largest state in the united states of america loaded with delegates, loaded with liberals and leftists democrats. if he takes that state, that is more than just a delegate count problem. >> i agree. i also think that it is highly unlikely. the numbers are not there right now in the pulling. bernie has done better in states that are caucus states. allowing for only in person voting. (mary states. states that are less diverse.

rolling up to all the hype that we thought it bernie in new york. she has also had an established presence there for a lot of years. stuart: i have about 20 seconds for you. your reaction from the hacker that he got inside that private server. your reaction? >> i just do not believe that he actually did it. some random guy wanting attention in american politics. >> we hear you. thank you very much indeed did let's get back to the market. we have not forgotten you. >> i am sorry, go ahead, stuart. >> you have a couple of stocks in you like them. i will start with netflix. make your case. >> rubble play a pretty good i hear. it has been beaten up. they are not going anywhere. they have traction.

this is one that you really want to hold for the long-term. stuart: okay. how about facebook. a lot of people saying it is the next apple. that it would go to the moon. what say you? >> i do not know facebook will be the next apple. apple is not really innovating anymore. facebook is innovating. they have been a humongous surprise since its original ipo. their fundamentals are off the chart. they have a humongous subscription base. they will give google a run for their money on advertising. another one you want to hold for your long-term. a star in your portfolio. >> can you give us a price estimate? can you see 200 on facebook? >> i can see 200 on facebook. two to three years. absolutely. stuart: we hear you. jeffrey small. thank you.

how about boeing. if boeing sells planes to iran, and it might, they will become warplanes to be used against america. one of those lawmakers joined us in a moment. also coming up, the tsa asking congress to pay for overtime. people do not like waiting in three hours security lines. we will be back. ♪ at ally bank, no branches equals great rates. it's a fact. kind of like social media equals anti-social. hey guys, i want you to meet my fiancée, denise. hey. good to meet you dennis.

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♪ ashley: remember varney and company starts at 9:00 a.m. eastern. here is what you missed last hour. target transgender bathroom policy. all public bathrooms have to change to become unisex. is that the end of the road? >> stuart, that is why we are seeing these stories pop up allover across the country. small towns and communities. the department of education, once they get wind of this, they will say you change the rules to comply with our chance -- transgender policy or we will take away your funding. promise to fundamentally transform the nation. stuart, this is how he is doing it. ♪

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stuart: higher profits at weight watchers. that company also raised its outlook. of about 5%. disco back to last tuesday. nutrisystem reported higher

profit. race that outlook. that stock is up throughout this week, as a matter of fact. dye companies doing well in the early part of the year. the tsa asking congress to pay for more overtime. vacant staff security. >> the staffers have gone down since 2013. people are waiting a half hour to go through security at these airports. they are getting really mad here at moving 34 million to pay for overtime. nearly 770 new officers. >> re- worst airports. seattle, minneapolis, charlotte. >> it is like trying to prepare for a small military battle. stuart: the best i know is fort myers. southwest. fort myer. always. always always. a great airport. i do not own any part of it.

our next guest is one of three. saying, any deal between you and iran will turn american airplanes into iranian warplanes. republican ellen noyce congressman. peter, welcome him. good to have you with us. if we sold boeing planes to iran, they would turn them around and make them into warplanes? >> i do. iran air just recently came off the sanction less of the department of treasury. it was largely in exchange for the nuclear deal. aircraft is a fungible product. thinking that this will simply be used in a commercial enterprise is profoundly naïve. i am calling on boeing. do not do business with these people. do not be complicit with the possibility. i would argue it would be a product that could be used for the purpose of terror. it is a terrible idea.

stuart: to think that that iran u.s. nuke deal is falling to pieces? >> i think that it is under a lot of pressure. the majority in the u.s. congress were opposed to it. the president approached it in our fully. there is a lot of concern on the part of companies that are looking out of landscape and saying the iranians are still complicit in terror. even the administration acknowledges this. the world largest state sponsor of terror. we will do business on a nuclear deal, but it does not have a spillover effect on state sponsorship of terror. is this not the way that the world works? i think the iran deal is under well deserved pressure. do not do business with the iranians so long they continue to sponsor terror and their continued to do so. stuart: europeans and chinese are rushing to turn around to do as many deals as they possibly can.

they are selling just about anything. they do not have a problem. you are putting a roadblock in the way of american business making some money. >> two things. last week i was talking to the french press urging airbus not to do this as well. history is a merciless judgment. entities that pay somebody else was doing it. therefore we did it to. i think that this is a wrong thing to do. boeing in particular. an iconic american company. they have to make sure that they are preserving what is right. do the right thing. do not do the expeditious thing. do not be complicit in turning these warplanes into vehicles for terror. stuart: 20 seconds. if you have a response from boeing at? >> no response yet. i am anxious to hear from them.

just because something is legal, boeing, does not mean it is the right thing to do. stuart: we have reached out to boeing, two. no response yet. >> i hope i hear soon. thank you, stuart. stuart: the former president of mexico apologizing to donald trump for the nasty things he said about him. do you remember this? >> we will not pay for that weight back wall. i am not. i know breaking the neighborhood speed record looks easy... but i wouldn't be able to burn rubber without optum. see i have diabetes... which can make it a little harder to become a racing legend. thankfully, though, i have an optum nurse and in-home biometric monitoring that really work with my doctor's plan. which means diabetes doesn't get in my way... unlike the neighbor's front yard. this is healthier, powered by optum. from health plans to providers to employers.

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>> the honorable member has appeared on a platform nine times. he'd even said, mr. seeger, i think that they are stretching down this point. they do not want to hear the truth. stuart: some fireworks in the present parliament. being called a racist. the primary saying that that guy had thanks to a supporter of the islamic state. shouted down there.

called a racist by the left. how do you stand on this? i do not know how to approach you on this. what to think about this. >> the prime minister was trying to educate. a teaching moment for great written. the question is what is his stand on islamism? these associations are not a co-incidents. this is a guy that defended a 1 ton about bay prisoner. he wanted release back. working within organization called cage in britain. it is said behind radical islam. actually has been discredited. also called the isis activist. a beautiful person. etc. it goes behind him simply being muslim. it is his silence against the state. a muslim working towards reform.

one of the muslims where i do not see any signs is working on reform or acknowledging that the ideology is the problem. >> it would be considered a victory for muslims if he were elected mayor of london. he is likely to be elected mayor of london. it would be taken as a victory. >> it would. identity politics in equating being muslim with a racecar when in fact it is an idol all jeep. he is coming from the left. corbin has been seen as his party has been working with hezbollah sympathies, anti-semi to -- where is his position on political islam. where we need to counter, not this violent extremism, but the islamism is him that infuses the organizations that he is into.

what he has been trying to call mike to and unfortunately been called a bigot and other things like that. thank you very much. stuart: thank you very much, indeed, kasich. >> the former president -- the guy that dropped the f bomb when referring to donald trump's wall plan now apologizing. plus, more liberal lunacy in college campuses. jason riley disinvited to speak at virginia tech. he is here to tell his story. it is a video we just cannot get enough of. the moment when life begins caught on tape. a scientist that says this is proof that science backs up the bible. three minutes away. ♪

♪ [laughter] stuart: you know, our producers choose the music so well.

it is hard to say sorry. mexico's former president used the f bomb when referring to donald trump's plan to film a wall. not apologizing for using that language. we will deal with that in just a moment. a hacker got into hillary clinton's e-mail server. judge napolitano on that. the "wall street journal" jason riley. late break news on that this invitation. jason riley will be with us in just five minutes. just cannot get enough of this video. the moment life begins caught on camera. we have eight scientists that this science is once again backing up the bible. how about that. to the markets, please. we are up 50 points at 177.

big loser today is fit it. down 15%. i think a lot of problems with competition and whether or not you actually use these things. apple experiencing a problem with the app store. >> it crashed. you cannot get into a permit apple ipad or iphone. it is happening in the uk, europe and here in the united states. down for a couple hours now. stuart: the stock install that 93. >> there you go. stuart: breaking news from coal country. an endorsement for donald trump. >> west virginia coal association. a board of directors voted to endorse donald trump. the road to the white house for mister trump, apple a shut. stuart: there goes coal country. apologizing to donald trump.

we will roll it again. >> i will not pay for that [bleep] wall. i am not. he should know that. i am not going to apologize. joe biden, vice president of the united states, have to apologize for this guy. stuart: the breaking news there was not so much the f bomb drop, but maria bartiromo face. [laughter] "wall street journal" dan henninger, monica crowley from the washington times and lives, of course. dan, first to you. apologizing for saying that. why his change of tone? >> i think that that happened yesterday, stuart, when this came clear that donald trump would be the republican nominee for the president of the united states. the former president of mexico

decided to do a u-turn. he has apologize for using the paul garrity. he has not taken back his view. he has invited mister trump to come to mexico and have a conversation with him. stuart: i like the way you "wall street journal" you people say in vulgarity. people like me say drop the f bomb. >> no word on whether donald trump will take him up on that invitation. they are really quite nervous about the prospect of donald trump as president. actually energizes the supporters. others in america taking a second look at donald trump. they like the idea of the chinese leadership did taking advantage of the american worker for a long time. being a little concerned that the status quo may no longer hold under president trump.

stuart: we will get to you in a second, dan. don't worry. [laughter] i want to hear more about this apology. we will have -- risk and reward. our own show on fox business. 5:00 o'clock this afternoon. let's hear that apology. again. [laughter] now this from the "wall street journal" editorial board. here is the quote. as unappealing as this election choices, clinton or trump will be the next president. we have to make the best of that reality. the aforementioned dan henninger is here. >> really? stuart: i have heard worse. it was reluctant, wasn't it? >> donald trump is now saying this election is not about the republican party. it is about me. quote, unquote. disconcerted a lot of people running for the republican

senate seat in at risk states in pennsylvania, ohio and new hampshire. trump has been talking about unifying the party. now he is not going to unify the party. it is our job to scrutinize both hillary clinton and donald trump to see which ones, whose ideas will be better for american prosperity and opportunity. that is what we will do over the next six months. stuart: you have some opportunity to have influence on him. >> i said; today that he ought to talk to charles coke. the coke brothers. he said in a striking interview a couple weeks ago that he said he thought it would be possible for him to support hillary clinton. charles coke said the conservative movement has gone off the rails. if donald trump got together with charles coke, he could explain to him the purpose and point of politics.

stuart: i want to move onto hillary's e-mail problems. part of the major political story of the day. yes, he easily got into hillary's private server. he saw other people in their hacking away as well. this, to me, is not a legalistic argument. it is about her judgment. what was she thinking? >> the most problematic issues or scandals, primarily, scandals that reinforce the pre-existing notion. hillary clinton says she is dishonest. untrustworthy. she exercises poor judgment. this issue is so much bigger than this particular party. how politically damaging this will be. try to insist that donald trump does not have the appropriate judgment.

>> i personally talked to ceos of fortune 500 companies. we cannot reasonably say that we have not been hacked. the other issue, too, secretary of state digital expert, cyber security expert said her e-mail security was wide open for the first three months. stuart: this is a very serious development. >> federal district court has ordered her aid and the relevant state department officials to appear in court in mid-june to answer questions. what they were doing to that server. that will happen just in advance of the democratic convention. stuart: you have a piece in the washington times today. women are not interested in this presidential election, this cycle. >> the gallup poll that came out last week, now that donald trume

republican. women are paid less attention to the campaign dan maynor. it cuts across both parties. surprising, given the fact that the democrats leading candidate is a woman. it also cuts across age and desecration level. that is not a fluke. women seem to be tuning out. it could be primary fatigue. women are ready already baked into the cake that trumping clinton will be the nominees. no longer paying attention. donald trump has dominated the press. stuart: it could be the rebound for men. labeled neanderthals orinoco drivers, baby they are starting to reassert themselves. coming up from nap. [laughter] >> men -- now you are in trouble. [laughter] the two okay, everybody. time to move on. rapid fire.

we covered a lot. we broke this story earlier. west virginia coal association endorsing donald trump. our next guest says if trump can find a way to get more union support, he will win in november. andrew sullivan is with us. why are you saying that union guys support trump. union guys go left. they go for the democrats. >> that is the popular opinion. that definitely is not the case. fifty-60%. stuart: you are not saying it is a survey of some kind. not a poll that you have taken. >> i have interviewed all sorts of interview members. it took me almost two years to do this research. thousands and thousands of people that i spoke to on this very topic were strong conservatives. if you do not give them a

candidate that supports their way of life among how could you vote for them? >> trade and immigration. >> absolutely. that is their bread meet. they're watching their jobs get taken away by immigrants. by the dnc pacs. unions have become this political arm of the left and they do not like that. >> the future president of the united states using foul language. insulting mexicans calling them rapists and murderers. he said a lot of things. insulted women. across the board with insults city. >> some young workers out there that may use that same language. i have to tell you this, this feud has done nothing but be destructive for both unions and

the gop. every election cycle we appended these conservative voters on the table. stuart: you are talking about rank-and-file people. that is solidly to the left. >> cold on. you have to understand something. obamacare. even the union forces now feel like a have been lied to. obamacare, so much rancor and financial hurt among everyone. they want richard fusions. stuart: do think we will see the day where top union and top union leader says you have had it. do you think that it is coming? holding back the endorsement. this movement is happening right now. all we need is mister trump to extend an olive branch.

stuart: what would be an olive branch? i will give you jobs or whatever it is. >> just to say, hey, gop establishment. put the sword down against organized behavior. it has done neither of us any good. stuart: mr. sullivan, thank you very much for joining us. appreciate it. liberal lunacy at virginia tech. jason riley invited to speak there. this invited. wait a minute, we have latebreaking news on that invitation. jason riley will be with us momentarily. a wildfire in the heart of canada's oil pack. it is so big. having such an impact. details in a moment. ♪

stuart: general motors stock right now is that her deep dollars a share.

no impact on the stock of this story. it has plans to join kasich. elon musk plans a vast expansion. 1 million. closing by the year 2020. he said that is my best guess. $75 million in the first quarter. better than what people expected. ramping up production's. 4%. they do not believe that he can do that. how about gun stocks? gun sales, by the way are up for 12 straight months. giving us a projection. not your prediction. how many guns will be sold in

america this calendar year. >> war than 29 million. it has been trending around 20 million. more than 29 million guns are expected to pass background checks, or gun buyers this year. >> the normal sale is 20-22 million of any given year. >> the way the trend is moving. that is correct. our next guest was this invited from giving a speech at virginia tech. more concerned about race. here is jason riley. "wall street journal" guide. i promised our viewers. give me the news. >> the news is the staff at virginia tech has come to see,

they have a newfound appreciation of free speech. they have now issued an invitation for me to come and speak. i do not know the details. i will have to come back and lets you know. i am just kidding about that first part. if they had an issue, the invitation under pressure. pressure from fox news. i am very lucky to have those behind us. it is very shameful. it took them that. >> disinvited. you do not take -- >> according to the letter that i received that i was uninvited was because of my writings on race. a particular right. a particular column.

a book for anything. >> i know for a fact that you have addressed college campuses. frequently. many, many years. almost always. >> i think schools on various topics. speaking about something controversial. students will come out. they will hear me out. we will have a nice spirited. i have never had protesters shout me down or tell me never to come back again. stuart: was at the faculty? >> i was not at the university. including the names with the liberal groups on campus.

they can sure you are okay with it. vetted by liberal pressure groups on campus. created by the faculty. >> this has been an exact opposite. a free exchange of opinion of ideas. >> walking around the country giving speeches. calling for racial reparations. i would be in graced with open arms. i do not go around giving speeches while bullying and victimization. i do not do that. i do not think the way they think. that notion looked very bigger. they must think a certain way on our college campuses. >> it would be good to figure out if he exited to accept the invitation. >> they are moving in the right direction. i want to hear them out.

stuart: thank you very much indeed, sir. the justice department taking a swing at north carolina's trans gender bill. the law violates the civil rights act. hillary clinton's e-mail problem, saying he accessed her private e-mail server. judge napolitano back for more on that in just a moment. ♪ you both have a

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see car insurance in a whole new light. liberty mutual insurance. you to president trump. here is how he says it will look. the title of the "new york times" article today. what will he do the first 100 days in the oval office if he were elected. a series of interviews helped lay it out. he is assuring he will do what he said he would do. a trump present the would be a shock. a presidency like no other. here is what he would do way from the get go. he would seal the border. designed the wall. the top executives. knock it off or else. the oval office will be turned into a war room. bringing in the generals and executives. muslim immigration temporarily

banned. mitch mcconnell, paul ryan, bring them in and figure out how to get things done. that is the theme. the gauche ea. make deals. get angst past. right from the start.trumped da. that is the theme across almost all media today. they think it would be a disaster. that time story, that is different. a trump presidency the way he sees it. what he would do. what his priorities are. bottom line, he would do exactly what he said he would do. there is this. i think more about winning first, he says. otherwise i am wasting my time. the "new york times." ♪ every year, the amount of data your enterprise uses goes up.

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now we've got miserable coal country. adam shapiro has got this one. an endorsement for donald trump. >> this is the west virginia the west virginia association of endorse mrs. trump -- mr. tron. the board of directors association already has endorsed him. this is coming down the pike. he's got to rally later this evening in charleston, west virginia. this is part of the coal country. call countries behind donald trump did the obama administration has been at war since the first term. they changed all the regulation and when you hear hillary say it's cheaper to buy the cost of burning coal. of course it's cheaper. >> the german man who who runs the association will be will be if chris hamilton. he's going to be on charles payne. stuart: adam, thank you indeed.

it is forest 95 then residents to leave town. this is affecting oil prices. ashley: into shutting down operations up to half a million barrels a day. we just got some late news, co. phillips says it's shutting down operations in northern alberta because of the fire. they are trying to evacuate workers who are sheltering against the flames there. the town of portman mcmurray about 88,000 people. 1600 buildings already burned. absolute disaster. the impact on oil to get back to the prices going up and also some issues in libya adding to the pressure for oil to go out. stuart: $45 a barrel. thanks, ashe. a romanian hacker a romanian hackers is easily hacked and to hillary clinton's private e-mail server. all rights, judge andrew napolitano is here. i am taking this as a worsening

of her legal position. you explain it to us. >> well, i think you are taken at the right way. it is the worst they have a legal position. the allegation against her, which is well-known in the press and demonstrable by the public record among his that she caused government secrets, state secrets to be moved from a secure government location to an insecure location. that is the crime. that is the crime of espionage. it doesn't matter if it fell into the hands of bad people. but now we have a person who is a professional act or in jail come in romania or seven years for hacking romanian officials indicted by grand jury in alexandria, virginia, while still in the middle of the jail turn to the united states. similar charges here that he hacked eric and government officials. he's facing up to 100 years.

by the government want this guy who starred in jail for seven years in romania? as he was going to jail, he boasted that he hacked mrs. clinton's e-mail. first he hacked said blumenthal's e-mail, her friend to whom she has sent classified materials. now while here in jail, not far from where i am now, he told our road that i may own be says he could get access to e-mails. he also said he could tell that 10 other people from around the globe are 10 other hackers from around the globe had hacked into an e-mail. how does that worsen her legal situation? stuart: have got to bring us up-to-date. we've had two democrats on this program who say the hacker is lying. be he's got no proof that he did actually hack hillary server. response to that? >> that's probably why the fbi

wants to interview him. they will certainly not put them before a grand jury or trial jury if he is indicted if he's lying and if he? credibility. here's what's unusual. it's extremely unusual for a foreign government to send someone to the united states on extradition while they're still serving a jail term there. the normal standard routine as you can have them after he finishes serving time here. the justice department pulled some strings to get him because the justice department believes the sky. he will of course have to demonstrate his bona fides are the justice department will not use him as a witness and simply prosecute them. since he's facing a hundred years he has a tremendous incentive to cooperate with justice department. how does this testimony are mrs. clinton? well, if in fact she was hacked, that is an easier case for the jury to understand. it ties that though i'm a

circuitous nature of the removal of her e-mails. it will also issue and hands the level of punishment that the court could administer if she's indicted and machines can make it. >> he started out very quickly. we appreciate that. we'll see you again soon. the justice department has ruled that north carolina's bathroom bill law violates the country civil rights act. anthony k. williams, fox news political analyst and former north carolina attorney, were you not? so you know what you're talking about. >> a little bit, yeah. i know quite a bit about it. >> what exactly does the justice department say that north carolina's bathroom law is wrong? what is wrong with the law? >> are a good question. several states have laws like this. they chose specifically to focus

on the conflict of title ix. that is really a problem for north carolina. you have public institution with the state-funded universities and the tuition that are to have the law. title ix protects against ethnic discrimination is a broad category. and it cometh they define gender identification as a part of that. on its face, the new h2 bill looks in violation of that. stuart: north carolina says to go into the bathroom of the gender of which you were born with and that violates the rights and privileges or whatever it is that the community. >> that's the heart of it. it's hard to say that roughly because there is no federal law yet it has been passed that protects transgender and lgbt against france group discrimination in totality. but specifically title ix specifically speaks to that. stuart: it seems to me we are having down the road towards no

more male bathrooms, female bathrooms. it is unisex bathrooms. that's very going. >> republican leadership, my former mayor of charlotte, now the governor pat mccrory another leadership thirst became to that. at some point this seems like common sense that use the gender you were born with and that doesn't seem ambiguous. this is the law and i don't want to say technology, stuart, but another lucian -- social evolution coming to a head and not knowing what to do about it. they've got a bathroom policy and there's a million and one to sign a petition against the policy. it occurs to me that target would allow men who say they identify as a woman into a women's bathroom. does not open up target to liability of lawsuits? it's a man assaulted woman in a fema bathroom, who's

responsible? >> personally, i don't like it. there is the law. at the bare minimum, doj stated to reconcile book looks like at least on its face right now to be a conflict around the issue. stuart: you've got to go to gender-neutral bathrooms. >> i don't think that he only had they appeared >> that's where were going. stuart: we agree on it. that's outrageous there's >> got to reconcile it. >> it's outrageous. >> the way they implemented this. stuart: i'm not going to get into that. >> what you want from me? stuart: we like your performance. the video we can't get enough of. in moments caught on camera. up next time a scientist who says that as proof that science backs up the bible. you don't hear that very often. hey honey.

huh. the good news is my hypertension is gone. so why would you invest without checking brokercheck? check your broker with brokercheck. ♪ (music pl♪ throughout) uh oh. what's up? ♪ ♪ ♪ does nobody use a turn signal anymore? ♪ [bassist] two late nights in blew an amp.but good nights. sure,music's why we do this,but it's still our business. we spend days booking gigs, then we've gotta put in the miles to get there. but it's not without its perks. like seeing our album sales go through the roof

enough to finally start paying meg's little brother- i mean,our new tour manager-with real,actual money. we run on quickbooks.that's how we own it. >> i'm nicole petallides with your thoughts business brief. reducing mostly up hours today. the dow jones industrial average of 53 points. one third of 1%. the nasdaq of 13. this has oil is about $45 a barrel after wildfires in canada as well as libya's tension.

the energy is among the leaders through chevron is the best performer. ibm, also leading the way. top stories with smaller than expected loss of about 12%. fit it, we profit under pressure. that is down 14%. tesla motors down 3%. earnings data, we have a winner and a loser. alibaba again a tell-all mix. start your day at 5:00 a.m. we will see you there.

stuart: this hour, hillary clinton at the brand-new video attacking donald trump. watch this. ♪ >> harebrained drugs. they are bringing crime. >> this is a country where we speak english, not spanish. >> you were going to have deportation.d of gun free zones at first take it time. >> totally and entering the united states. >> i said it's fine. planned parenthood should absolutely be defunded. >> do condemn david duke in you don't want another white supremacist. >> i don't know anything about white supremacists. >> everything i say --

>> that is the brand-new ad released this hour. calling out all of his competitors within outrageous candidacy. still affect it. maybe not as good. he can say those things i may have to back them up. liz: hillary clinton as two people criticizing going after donald trump and bernie sanders. you may see her up in her game. stuart: has got a feeling these ads are to become the presumptive nominee. stuart: lots of material. let's be honest. liz: they should release it to his doom. he may give them more. that's true. stuart: when will he reply? i've got a feeling that bill clinton will be. let's get back to the amazing video. the flash of light the moment of

conception, the meets egg and life begins or that's my interpretation. another case of science backing the bible. michael guillen is with us, author of the book amazing truths. michael, you say that moments of life video which we have been showing all week, by the way, that is scientific proof that the bible is right. go through this. explain that for us. >> truth is a very strong word, stuart. the headline this morning and i know it's going to surprise a lot of people that there is a gross misperception out there that somehow find in the bible are incompatible. modern science is somehow discrediting a belief in god and the bible. this latest piece of scientific research ignores the current western scientists out of illinois who took those wonderful pictures and gave me

an opportunity for late in an op-ed that i just wrote for fox news to shine light on this profound and deep agreement that exists between science and the bible. >> hold on a second. we've had people on the program who say it's just a chemical reaction. that's all it is. you don't necessarily have to link it to the moment life begins. it's a chemical reaction. >> let's recap what the scientists discovered. i don't want anything more or anything less. they took eggs from female patients between the local fertility government using a enzyme. but they discovered at that moment of conception, there is a kind of verse of zinc add-ons and it appears that a flash of light. what that indicates in the great scheme of things, as nature was long, this moment of conception merits, if he will, a kind of

small firework show. it's an indication -- let me put it this way. in science we often have a continuous process like indicating chemical reactions that come and go. every now and again there is a discontinuous event. an event that grabs our attention and that is what scientists have discovered that there is a discontinuity with two biological entities, a female egg and a male sub six or its equivalent. when they come together, something incredible happened. life begins. that means something that didn't exist before suddenly exist or that a discontinuity and in this case is where we see these flashes is just basically nature marking that very special moment. but that is even just the least of it. when you look at the moment of conception of the universe at valve, stuart, we also see that happening -- science believes that it's not all have been an explosion of light.

it is when helium and hydrogen were first formed shortly after the big bang and there is this burst of light. we can still see the afterglow, the faint afterglow called the cosmic radiation using special telescopes. the bible basically espouses an equivalent truth. that corresponds in the bible to the moment when god is that you uttered those words let there be light. stuart: we been running that video virtually every day for me because he found it remarkable. would you say it is in fact a breakthrough on the understanding that the moment of life because you can here? >> it is. i will tell you why. even the biblical analogies or equivalent aside to the moment, we know next to nothing. researchers themselves have used these words. we know next to nothing about what happens when an egg and come together. people are having babies all the the fact is if you look at it time. from a scientific point of view,

we know next to nothing. what exactly happens to bring those two biological entities to create a life form. not that you can visualize it -- by the way, the brilliance of the so-called sync flash or sparc tells us that something has caught on in the brightness indicates how healthy the human embryo is. stuart: a flash of light and a breakthrough. thank you for joining us. that's one explanation. a fine book, too. officials warning california residents, get ready. the big one is a 10. we are talking earthquakes. >> they say it is long overdue. what were we talking about? a magnitude 8.2 in the rate or scale. the san andreas fault between two plates as we know that's basically on the back bone of california. the southern end of that has a tremendous amount of stress, a

tightly wound spring as it's been described. they say if it does buckle, releases the pressure up to 1500 fatalities. they say be prepared for the last really big one was in 1832. >> they didn't give a timeframe. >> no. they say that time is running out. nfl star johnny mandel is in court today answering charges that he hit his girlfriend. he's going to lose a lot of money. does that matters to him? we'll explain in a moment. you both have a v

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stuart: johnny mandel appeared in court facing arraignment of domestic france misdemeanor charge. there's a sidebar here. what is it about manziel family money? stuart: a wealthy tax as oil family estimated net worth of $50 million. he's going to be losing a lot of money. he just lost his nike endorsement. a lot of money going out the window. there are those who say he did not have a passion for for all because you like to party too much in the life is spiraling out of control. stuart: interesting sidebar to this story. online bookmakers, nuance on the

presidential election. >> this is interesting. 11 or run, meaning $11 to win or back a trumpet that 9-4. a multitude to one underdog. donald trump 94. that's to win in november. very quickly. john kasich in the lead of 4-1. hillary secretary julian castro 94 favorite whatever that is. ashley: elizabeth warren and i can. stuart: really? apparently huge numbers in the u.k. donald trump on the front page of u.k. newspapers almost daily in the interest in the amount of money. >> they been fairly accurate. >> we should tell our viewers that you can bet on anything in england in a corner store. everywhere.

>> they still take that back. >> to combat carnival of 53 and spirit stuart: actually im. more "varney" in a moment. these guys represent blood cells. if you have afib not caused by a heart valve problem, pradaxa helps stop blood cells from pooling in the heart... forming a clot... which can travel to the brain and cause a stroke. pradaxa was better than warfarin at reducing stroke risk in a study. in the rare event of an emergency, pradaxa has a specific reversal treatment to help you clot normally again. pradaxa is not for people who have had a heart valve replacement. don't stop taking pradaxa without talking to your doctor. stopping increases your risk of stroke or blood clots. ask your doctor if you need to stop pradaxa before any planned medical or dental procedure. pradaxa can cause serious, and sometimes, fatal bleeding.

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stuart: okay, a minute to go. that's all they've got it though is the most interesting story today? transfer eight on the rate or scale for california. they haven't put a timeframe on it. to me that day. stuart: you're only saying that because you got relatives in san francisco. most interesting story. >> more people drink on cinco de mayo than super bowl sunday. stuart: do people drink more or more people have a drink on a good denial? train for more booze all around.

stuart: if i were to wear a sunburn or on a college campus going to a tequila party, would i be insensitive and thrown off campus? >> no, you would not be. stuart: you know you've only got five seconds. lets ms with you, neil cavuto. >> i just had that image, you running around campus with-based embraer route. you get us beyond? neil: thank you my friend. good news we are down after virtually locking up the republican nomination. he cited out to west virginia where we are now told he's got a very good backing from the coal association bear. adam shapiro broke that story. he is with us with the very latest. >> when you talk about the obama administration war on qualcomm you've now got coal country backing trial.