your mattresses, your sofas, your cars but not on new pair of shoes. liz: great to see you, erin gibbs of. [closing bell rings] s&p and nasdaq just barely there. actually s&p just turned negative. let me hand this one to date asman and melissa francis. melissa: stocks ending mixed with the at the close i'm melissa francis. david: i'm david asman with "after the bell." first what else we have for you this hour, it is official, donald trump has now surpassed the number of delegates he needs to be the republican nominee for president of the united states. he just responded to the news at an event in bismarck, north dakota. this is hillary clinton may be moving further away from the democratic nomination. she is getting hit from all sides about the use of her private server and new poll results showing she is neck-and-neck with bernie

sanders in the crucial california primary. america's defense system running on floppy disks. your tax dollars at waste. why the government is spending billions to keep systems running on nearly 50-year-old technology. melissa: the dow down 24 points on the day. as we come into the close. phil flynn, price futures group, fox news contributor. watching oil and gold from the cme. adam shapiro on floor of new york stock exchange. adam, first to you, stocks mostly flat but you have stocks to watch today? reporter: yeah but there were big movers down on the floor, one of them an ipo. this is u.s. foods. they priced at 23 bucks. they opened today, and closed, check this out, well above the opening. they were up almost 9%. so it was a good launch for them. that ipo raising $1.2 billion.

you get a story like abercrombie & fitch, there was a time when retail clothing stores can do no wrong. now it seems they can do no right. this was down big time, shares off 16%. earnings were down, not with wall street was expecting. abercrombie & fitch brand here in the united states, sales and worldwide down about 8%. hollister brand down 2%. at end of the day, loss of 59 cents a share. the street did not like that. flip it around. not all retailers hurting hurtingdollar tree, acquired family dollar. their revenue picture when they reported earnings beat wall street estimates. revenue came in up 2.3%. sales really good. this stock was up, was it, about 13%. melissa, back to you. melissa: adam, thank you very much. david: phil flynn, getting close to the $50 mark before memorial day and went down again. >> it did.

tell you what, donald trump still took credit getting above $50 at his press release today, giving that speech in north dakota. tell you what, there are a lot of concerns about supplies around globe. strong demand. we saw a lot bit of profit-taking once we got above the area. a lot of people are speculating oil production will get ramped up as soon as we get above $50 a barrel. that was a target for a lot of people, caught this run, took money off the table. that will be a big deal. tell you what. in north dakota, he was speaking to those producers that have been beat up so bad by the crash in oil prices. he is going to make energy great again. he want to make us energy independent. he talks about the obama administration hurting oil production and he told them exactly what they wanted to hear. back to you. david: other guys want to ban fracking. he wants to go full steam ahead with fracking. phil thank you very much. melissa. melissa: shares of time warner and netflix ending higher on

reports that apple could look to add original content to its services. financial times reported that apple considered buying time warner at a meeting late last year but the company did not pursue the idea. here is jonathan hoenig, capitalist pig hedge fund and scott martin, united advisors, chief market strategy. they are both fox news contributors. scott martin, let me start with you. so the deal didn't go anywhere but we're looking at it, this is very interesting, time warner, they have hbo, a ton of content what does it tell you what apple is thinking? >> i think they're actually finally making good steps, melissa, with those billions and billions of dollars they have in cash. truthfully other than realistically crappy product cycle they have been sitting on cash doing nothing with it. buyerly increasing dividend over the year and not exciting people. i think it's a good sign for apple they're will to take steps. time warner didn't work out,

something like netflix or hulu, getting crazy valuation but at least they're looking in the content space where they have been absolutely killed by a lot of their competitors. melissa: jonathan, netflix is the one everybody is talking about. that is kind of a hybrid play because i have both apple tv and netflix. they would buy content of netflix for sure but netflix is kind of bigger than that it is also a competitor in a lot of ways to apple tv. what would that kind of teaming up mean? >> it would be transformational, melissa, just as transformational, reminds me unlike what happened 16, 11 years ago aol at time want to buy time warner for access to its content and online business. we're seeing very much the same thing. apple trying to bolster its own subscription video service. scott said sitting on a ton of cash. i tell you, melissa i don't think the rumor had much traction. you didn't see it in the stocks today. aol, time warner and netflix

were higher but not by much. it would be so unlike apple to make enormous transformational deal. it is not how they have grown the company in the past despite these rumors. melissa: i know. very true. david: talk about rumors we'll talk about gawker. owner and founder of the gawker website looking to sell the site to pay off $140 million legal judgment hulk hogue expand against the guy who started gawker. i wouldn't give you a calm for gawker but was valued $250 million before the lawsuit. does it still have value? >> that is one of unicorns, david. on paper what a untraded company is valued is different when you try to liquidate it. some of these online web sites, they exist solely on the brand and reputation. i wonder given all bad press gawker had on this or similar stories whether this brand is

damaged beyond repair. david: scott, one thing we're finding out, fascinating stuff. peter thiel, who is terrific guy, he was funding hulk hogan's suit against the company. i wonder what you do you think of this idea of litigation funding which we're seeing more of now? >> i mean in the case of peter's situation, obviously it is right move, right? that was something that worked out in both of their favors. david: by the way, hulk hogan says he doesn't expect to make money off this funding. because of his own conviction because he is ticked off at the website. >> he is. just goes to show you some alignments can happen in the strangest ways. as far as gawker's value, david, i get it. you won't pay a dime. maybe you pay a penny. i think there is something worth in it because it is noted, at least news source. david: yeah. >> what they can get for it now with all the reputational damage is anybody's guess. david: we should mention it gets 48 million a year in ad revenues.

not doing too badly in that regard. thank you, guys. melissa. melissa: olive garden adding more traditional italian food to its menu. wait for it. spaghetti pie. david: what? >> melissa: spaghetti pie including four other new menu, breadstick sandwiches. encased in pie crust that is little weird but smothered in bacon and meat sauce, what could possibly go wrong? >> hell, yes, melissa. america is absolutely great. what is interesting behind a lot of changes in olive garden is activist investor. this company was really struggling just two years ago. starboard active investors came on board. they wanted to make the company go back to traditional italian roots it is core competency, carbohydrates. that is why sales and traffic are both up. melissa: jonathan, i love you. taking a story i've been

obsessed with all day rooting it firmly in business. you're a genius. that's why you're my favorite guest. scott up to you, the stock is up 14% in the past year. they are marketing genius. they keep coming out with these things that are beyond gluttonous that get us talking doing a segment like this, making everybody want to go out to have olive garden. it is genius. >> i agree. what is tough the fast casual dining space which is very competitive and very tough because customers are discerning, they change their tastes alot. a something like spaghetti pie gets chairs filled up, i can think of unique things to do with spaghetti pie i won't mention. that is good thing, get people in the store. ""american pie"" like, i guess. that is what is happening. a lot of restaurants are getting totally decimated by customers going where else. melissa: i don't know, scott, you just took that in direction i'm not even sure i can handle. so instead i'm going to wrap but

i love you both dearly. thank you very much. i'm headed to olive garden right after this. david: quiet guys in the midwest you have to be careful of. melissa: pie crust confuses me. david: burger king had same thing, stuff a hamburger, with cheese and bacon and it sold. melissa: pie crust, that is where i'm getting confused. david: meanwhile venezuela on the brinks of collapse. citizens forced to eat from garbage to survive. the situation is getting worse by the minute. fox business has obtained exclusive video you don't want to miss detailing desperation in caracas. >> the wow. hillary clinton coming under fire from all sides in wake of damaging inspector general report on use of her personal server. clinton -- oh, well. i don't know what the rest of that was. they blew right past it. david: donald trump sealed the deal, surpassing number of delegates he needs to be the republican nominee for president. he just responded to the news at

an event in north dakota. take a listen. >> and there was a big news flash that donald trump had won the nomination. [cheering] and i said, what happened? i thought i had to wait a couple more weeks. poor mouth breather.

allergies? stuffy nose?

can't sleep? take that. a breathe right nasal strip instantly opens your nose up to 38% more than allergy medicine alone. shut your mouth and say goodnight, mouthbreathers. breathe right. okawhoa!ady?

[ explosion ] nothing should get in the way of the things you love. ♪ get america's fastest internet. only from xfinity. melissa: ceiling the deal. donald trump has enough delegates to officially clinch the gop nomination according to associated press. the businessman speaking at an oil conference in the heart of america's energy boom, calling on the government to get out of the way of the oil industry. >> president obama has done everything he can to get in the way of american energy, for whatever reason. he has made life much more difficult for north dakota as

costly regulation and i mean, serious regulation, makes it harder and harder to turn a profit. melissa: trump warning that things will get worse if hillary clinton is elected. for his part trump says, he would approve the keystone xl pipeline project if elected as long as u.s. receives a chunk of oil revenue in exchange. the gop front-runner vowing to terminate the paris climate agreement. david? david: i always like how we get money back from the agreements. donald trump claims a lot of hispanics love him. >> we'll win with hispanics. people that have homes, that have jobs they're hispanic, whether they're from mexico or any place else, they're has r hispanic. they don't want their homes taken away and they don't want their jobs taken away. they don't want it. i think we'll do fantastically. david: but some republican hispanics in now mexico at his slamming governor susana martinez. she is the country ace first

latina governor. we have the executive director of latino partnership for conservative principles. specifically what he said under her governorship the number of food stamp recipients has been tripled. she has been bad on other policy issues? what is going on, seems he has specific beef with her? >> i think he was unhappy that she didn't show up at his rally in new mexico, that's it. he didn't go after her because she is latina. to try to imply that is absolutely ridiculous. that is exactly what the left is doing, pandering to latinos. david: that's what they're saying. i think we can discount based on some of their history of doing that but on the other hand there did seem to be a, didn't seem to be spontaneous. seemed like he put together a list of some of the things she was bad at being governor. is that because she hasn't yet endorsed him or what? >> it is possible. she hasn't endorsed him. so he goes to new mexico.

she doesn't show up at his rally so it is hospital. he had some bullet points and went after her. it is politics. it is donald trump. i don't think it will affect him. the problem he has with latino voters is not hispanic voters, his comments about mechanic can independent my grants and policy proposals like massive deportation. let me tell you something, if he were to tone down his rhetoric on mexican immigrants and perhaps support some form of legalization, i think he left the door open to a form of legalization, i think he could actually become competitive with latino voters. david: interesting. >> they're not going after hillary. david: by the way we're not talking about amnesty here. we're talking about a path to legalization. but, do you think that he could do as well for example, as gw bush did? he got 40% of the latino community? >> look, latinos are fed up with the washington establishment.

david: i think you're right. >> democrats promised immigration reform. they didn't deliver. hillary clinton, joined barack obama introducing a poison pill amendment to kill immigration reform. people forget that. only two years ago she was calling for immediate removal deportation of accompanied minors? she is great champion of immigrant. late teach knows haven't forgotten that. david: that is a great point. >> they're not flocking to hillary clinton either. i think with donald trump it could happen. i'm not saying it is going to happen. i'm not supporting him yet. i feel i can't vote for him but look if he is willing to have a conversation to perhaps propose a more constructive position on what to do with undocumented immigrants, i think he has got a shot. david: nobody hates a bureaucracy more than immigrant who had to deal with the immigration service. so if your message is, america is being swamped by bureaucracy, we have to sweep it away in

order to grow again, you sell that message very easily to immigrant community. quickly go ahead. >> you're absolutely right. when he is saying, he is always said that he wants to keep the door open. he want people to return to home country and good ones reenter immediately. if he were to allow that to happen internally in the u.s., having immigrants, go to mexican consulate, register there, given a path to work visa i think that would be very well-received by latinos. david: interesting. alfonso, good to see you again. thanks for coming in. appreciate it. >> good seeing you. melissa: interesting point. david: very interesting. melissa: to launch a nuclear missile the united states will need a floppy disk. david: one of those old things? melissa: yeah that old thing. the government wasting millions of your tax dollars, jeopardizing your security on outdated technology. maybe we should consider building bigger walls around airports. intruders breaching us air port fences every 10 days. david: wow. >> someone could easily hold this up and climb over here. it is pretty pathetic.

i don'or wonder whether i theshould seek treatment.c. i am ready. because today there's harvoni. a revolutionary treatment for the most common type of chronic hepatitis c. harvoni is proven to cure up to 99% of patients

who've had no prior treatment. it transformed treatment as the first cure that's one pill, once a day for 12 weeks. certain patients can be cured with just 8 weeks of harvoni. harvoni is a simple treatment regimen that's been prescribed to more than a quarter of a million patients. tell your doctor if you've had a liver transplant, other liver or kidney problems, hiv, or any other medical conditions, and about all the medicines you take including herbal supplements. taking amiodarone with harvoni may cause a serious slowing of your heart rate. common side effects of harvoni may include tiredness, headache and weakness. i am ready to put hep c behind me. i am ready to be cured. are you ready? ask your hep c specialist if harvoni is right for you.

david: u.s. airports at risk in ways you may not think is possible. terrifying scene when a man ran on to the tarmac actually tried to stop a plane in denver. intruders like this breach perimeter gate security fences once every 10 days. this according to new report from ap. some trespassers came on skateboards and bikes, while others actually commandeered vehicles on the tarmac. one man got into helicopter cockpit and was preparing to take off. five intruders brought knives and one actually a loaded gun. this is no joke, melissa. melissa: wow. some just jump ad fence, you're probably waiting hours in a security line. lawmakers on the hill introduced new legislation to reduce wait times at the airport, whoo-hoo. fox business's blake burman in d.c. with the latest on that one.

are they making headway there, blake? reporter: not sure it is a whoo-hoo just yet, here is what we can tell you, melissa. congress continues to probe horrendous security lines that pop up at airports all over the country. earlier today at the transportation hearing, head of union for tsa screeners called for 6,000 additional more hires, while fending off one call to privatize part of airport security. >> the figure represents the decrease in the size of tsa workforce since 2011 as passenger volume has grown 15%. >> i'm convinced that the private industry can do this just as well with oversight with tsa, and save money and improve customer service. reporter: that hearing was led by transportation security subcommittee chairman john katko who put forward new tsa legislation this afternoon. calls for tsa to share the

staffing model with airports and air carriers while establishing minimum staffing numbers. now to highlight here, just how big of a problem this has become, one executive from american airlines testified earlier this morning that 70,000 of its flyers have missed flights this year already due to excessive wait times at security lines. melissa: oh, i bet they were all just thrilled about it. i can only imagine. so frustrating. blake, thank you so much. david? >> thanks. david: oil inching higher towards 50 bucks a barrel just in time for the holiday weekend. it will not cost as much as it did last year to fill up your tank, thank goodness. the national average is up, but down 43 cents from last year. so a little bit of relief from last year's prices. >> hillary clinton on defense. the decision to use a private email server is under heavy fire from all sides right now. david: plus bernie sanders

slamming the happiest place on earth but the disney ceo is mad as hell and he is not going to take it anymore. >> disney pay its workers wages that are so low, many are forced to live in motels because they can't afford a decent place to live. there are two billion people who don't have access to basic banking, but that is changing. at temenos, with the microsoft cloud, we can enable a banker to travel to the most remote locations with nothing but a phone and a tablet.

everywhere where there's a phone, you have a bank. now a person is able to start a business, and employ somebody for the first time. the microsoft cloud helped us to bring banking to ten million people in just two years. it's transforming our world. ...one of many pieces in my i havlife.hma... so when my asthma symptoms kept coming back on my long-term control found a missing piece in my asthma treatment with breo. once-daily breo prevents asthma symptoms. breo is for adults with asthma not well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. breo won't replace a rescue inhaler for sudden breathing problems. breo opens up airways to help improve breathing for a full 24 hours. breo contains a type of medicine that increases the risk of death from asthma problems and may increase the risk of hospitalization in children and adolescents. breo is not for people whose asthma is well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. once your asthma is well controlled, your doctor will decide if you can stop breo and prescribe a

different asthma control medicine, like an inhaled corticosteroid. do not take breo more than prescribed. see your doctor if your asthma does not improve or gets worse. ask your doctor if 24-hour breo could be a missing piece for you. see if you're eligible for 12 months free at mybreo.com.

race car made history mercwhen it sold forprix a record price of just under $30 million. and now, another mercedes-benz makes history selling at just over $30,000. ♪ and to think this one actually has a surround-sound stereo. the 2016 cla. lease the cla250 for $299 a month at your local mercedes-benz dealer. mercedes-benz. the best or nothing. melissa: hillary clinton

answering some tough questions in las vegas after the state department inspector general recently said she broke the rules when it came to using a private server. here is what she said moments ago. >> it was allowed and the rules have been clarified since i left about the practice. having said that i have said many times it was a mistake and, if i could go back i would do it differently. melissa: it wasn't allowed! sorry, just drives me crazy. fox news's chief intelligence correspondent catherine herridge standing by. it is so hard to watch again and again. but first, catherine, that i want to get your take on that and i hope more civilized than my take. i'm sure it is. reporter: first of all i would say that the state department made a statement today which was somewhat out of character in that it suggested that mrs. clinton and her team were never up front with the department about the extent of

her personal email use. >> there was, only a partial understanding of how much secretary clinton relied on personal email and we just did not have a complete picture and because of that, i think no one under took the steps to address that. reporter: tone letters said reporters would have to ask mrs. clinton and her most senior aides why they refused interviews with government investigators. a deep dive on these regulations known as the inspector general act of 1978 shows that clinton and her team were required to cooperate and no one is exempt, not even a secretary of state but on "special report" last night a clinton campaign spokesman blamed politics, investigator who once worked for a republican senator. >> there were reports a few months back suggesting,

affirming the fact that one of the top individuals in that office, number two official in that office had a connection, had formerly worked for senator grassley who of course has been one of secretary clinton's chief antagonists on this issue. reporter: mrs. clinton also said this afternoon that her email practices were really in sync with her predecessors but what the report found that no previous secretary of state had a personal server for government business. colin powell did use personal email to contact people outside of the office but he worked with the state department to make sure that it was secure. and neither condoleeza rice nor madeleine albright used personal email for any government business whatsoever. melissa. melissa: catherine herridge, as always, thank you so much for keeping track of those details. it is important when they try to make it murky. you keep it all clear. >> details matters in good reporting for sure. melissa: thank you. david: even though he is not mentioning the emails bernie sanders is narrowing the gap with hillary clinton. the two democratic candidates

are now neck-and-neck in california according to new poll from the public policy institute of california. here to break down details, byron york of the "washington examiner," also fox news contributor. byron, can you imagine if bernie had brought up emails instead of saying he wasn't going to touch it? >> you saw the "saturday night live" skit few days ago, and where bernie sanders won't leave the bar. hillary clinton thanks him not bringing up emails because that could have brought her down and he said, what is an idiot. clearly inexplicable that he shut door on something that was under investigation. we knew there were going to get results. david: we didn't know as rich all the results we're getting. even without the email he pulled to neck and neck race in california. she was way ahead a couple of months ago. what happens if bernie sanders wins california? >> well, it would be unprecedented.

it still appears that hillary clinton has this insurmountable lead in delegates. all of superdelegates are still with her. but that scenario doesn't envision her losing in the final biggest primary of the year which, you know, would have to really cast a lot of fear into all the superdelegates who are staying with her now. it may still be impossible for bernie sanders to get that, to get there but what an incredible show of weakness it would be to lose the biggest and bluest state in the union on the final day of the campaign. >> you know who loves to exploit the weaknesses of hillary clinton is donald trump and of course he loves to stir things up as he well. so now he is pushing ahead for a debate between himself and bernie. not the number one contender but the number two contender. play a tape from donald trump speaking on this. >> he wants to know if you will debate him. >> yes i am. how much is he going to pay me? >> hillary clinton has not agreed to debate me here in california so i look forward to

debating mr. trump on that because i think it is important. david: so if he wins california and if he is the one debating donald trump, not hillary clinton, i mean, i would think that his supporters, if he doesn't get some kind of extra special treatment in philadelphia, the convention would be furious? >> he is probably already getting some extra special treatment planned for philadelphia. don't look for this trump-sanders debate. it would be great for bernie sanders, who has not won his party's nomination. david: byron don't you want the best for fox news? don't you want under the circumstances to be able to moderate the debate? come on. we'll even make you moderator if you like? >> i'll go for that. heck of a show it would be. david: i knew i could do it. yeah. >> but for donald trump it doesn't make a lot of sense to debate the guy who will not win the democratic nomination. you see he is targeting hillary clinton every single day. it was good waytalk another news cycle which he did. david: he loves to take advantage of these things.

byron york, thank you. we appreciate it. we'll see if we work out the moderator position if we get that debate going. melissa: bernie sanders has a bone to pick with disney. >> anybody here work for disney? [cheering] anybody here making a living wage from disney? >> no! >> i use disney, not just to pick on disney but as an example of what we are talking about when we talk about a rigged economy. melissa: whoa, disney ceo bob iger did not like that. he was firing back at the vermont senator in private facebook message saying quote, to bernie sanders, we created 11,000 new jobs at disney in the past decade and our company has created 18,000 in the u.s. in the last five years. how many jobs have you created, buddy!? the buddy wasn't in there. you know what i mean. what have you contributed to the u.s. economy? that hurts. here is dan henninger of "wall street journal." but bernie making these points standing out there people are

living in motels if they work for disney. he says, they're not making a living wage. here you have the ceo making $46.5 million in fiscal year 2014. could easily give some of that money to the people. how do you respond to bernie? >> well, i think bob iger responded as well as he could but i think what he and disney should understand, anyone working for disney should, they're being used as props in bernie sanders's scenario. key fact came out in last couple of days, he is running for the california primary, right? the "field poll" came out in california saying that 75% of californians say that top issue for them is jobs and the economy. jobs is what bernie sanders is talking about out there. that is why he is using disney to elevate this issue. melissa: so he points to the people that work at disney. we did some digging on our own, is it good to work there, is it not good to work there. they pay their cast members an

average of 9.50 an hour. that is minimum wage. better than universal studios is paying 8.98. for example, in anaheim, if you work at front desk of marriott, comparable service job, they're paying $15 an hour. making this point about a living wage. when you hold it up against what the ceo is making, you know, it is an argument that makes a lot of sense to a lot of people out there. how do you counter it in a way people can understand? i think everybody has a problem explaining it. how do you counter it in a way people can understand? >> a lot of people understand it. the people that don't understand it, bernie sanders is acutely aware of it are his target voters. he is doing well in college towns. young left-wingers on college do believe we live in a rigged economy. and if bob iger were to read those statistics to them they would go so what, minimum wage, booed. we're in rigged economy. bernie is trying to drive them to the polls on january 7th for the reasons byron york was

just explaining. if he wins california, all right, even though she may secure the nomination and hillary, because of these problems with the email server keeps sinking in the head-to-heads against donald trump, let's say she is five below him come early july, bernie will say we're going into philadelphia. you have to nominate me instead of this loser hillary clinton. melissa: bob iger said they increased local economy by 65% of virtue being there. one of those things all the jobs wouldn't exist if they were not there. with him making $46.5 million you could share more with workers. >> i could see donald trump aligning himself with bob iger, yeah, disney is creating jobs. that is the sort of thing i can do. i don't resent bob iger making all money, the way trump doesn't resent himself making all the money. trump in a way i think will benefit from this. melissa: interesting. dan, thank you so much. david. david: i want the opportunity to make that much money. coming back, breaking news on

the sumner redstone battle at viacom. turning into a real soap opera. charlie gasparino joins us with exclusive details in a moment. people in venezuela literally fighting for their lives. the government's socialist policies, a lot of people say are to blame. >> you know it's unraveling before our eyes as we speak. and there have been all could have indications within the last week which would suggest that at least economically, things are going to get worse before they get better. i'm billy, and i quit smoking with chantix. i had a lot of doubts going in. i was a smoker. hands down, it was, that's who i was. after one week of chantix, i knew i could quit. along with support, chantix (varenicline) is proven to help people quit smoking. chantix definitely helped reduce my urge to smoke. some people had changes in behavior,

thinking or mood, hostility, agitation, depressed mood and suicidal thoughts or actions while taking or after stopping chantix. some had seizures while taking chantix. if you have any of these, stop chantix and call your doctor right away. tell your doctor about any history of mental health problems, which could get worse or of seizures. don't take chantix if you've had a serious allergic or skin reaction to it. if you have these, stop chantix and call your doctor right away as some can be life-threatening. tell your doctor if you have heart or blood vessel problems, or develop new or worse symptoms. get medical help right away if you have symptoms of a heart attack or stroke. decrease alcohol use while taking chantix. use caution when driving or operating machinery. most common side-affect is nausea. life as a non-smoker is a whole lot of fun. ask your doctor if chantix is right for you. if legalzoom has your back.s, over the last 10 years we've helped one million business owners get started. visit legalzoom today for the legal help you need to start and run your business. legalzoom. legal help is here.

melissa: breaking news on viacom an sumner redstone's drama. senior correspondent charlie gasparino has exclusive details. charlie. >> you know, sumner redstone drama, sherry redstone drama, phillipe dumond drama, we have battle royale between the redstone family trying to force dumond out as ceo.

they forced him out of the trust that oversees viacom and cbs. they're looking to push him out totally. we understand sherry redstone is making moves internally. filed a lawsuit to get the board to remove dumond as ceo. what is happening board of directors of viacom is sticking by dumond. what we understand, fox business network has learned, that board is basically poised to file a lawsuit in delaware chancery court, generally where you fight the corporate battles out, to prevent that removal. if she should go in there, convince her dad, remember her dad, sumner controls 80% of the company. he is apparently had falling out with dumond as his health has slipped, she is stepping into the fray. she does not get along with dumond. by virtue of the old man's 80% stake in the company, her 20% stake, she could theoretically force the board to get them out. if she goes that route, they will file a lawsuit in delaware court. from what i understand, described by one person with

direct knowledge of the matter, the lawsuit is locked and loaded to show that they are based, basically, sherry redstone would be taking over a company. she is neither equipped nor sumner redstone is equipped to run. we should point out sumner redstone is in failing health. right now there is lots of questions about his mental competency. i think a recent judge said he was not totally mentally competent to run the company. this came out after that sordid lawsuit filed by one of his caregivers who said he basically craves 24 hours a day sex and steak. david: who doesn't. who doesn't? >> who doesn't? i want everybody to know, i have no problem with sex and steak. melissa: goodness gracious. charlie, thank you. david: somehow i knew that. don't ask meme how. i had a feeling. extraordinary video coming out of meltdown in venezuela.

it is shaky video, hungry venezuelans hijacking a food delivery truck. unraveling another socialist economy will get the message through to bernie supporters and others that socialism is disaster wherever it is tried if. melissa: no. david: here is steve moore, heritage foundation visiting fellow and fox news contributor. you know, steve, there is just no excuse. you can say well our school systems are so bad now that young folks don't know about socialism because it was in the '80s and '90s but this is happening now here. why doesn't at least some reporter ask bernie sanders, okay, if socialism is so good why doesn't it work anywhere? >> love to hear that question, david. it is not just, not just venezuela. it is happening in argentina. david: brazil. brazil is run by former marks i guerrilla and that is huge economy that is falling apart. >> you got it. greece is the ultimate socialist success story, right? they're now bankrupt. it, you know, how do we get the

message across? it is a great question. maybe send some millenials to caracas. melissa: yeah. david: that is terrific idea. >> live there for a few weeks, see how you like it. it is a tragedy by the way. people are the abouting hurt there. people are going hungry. you haven't seen this since the days of soviet union really where everything was free except nothing was on the shelves. that is exactly what happening in venezuela. david: this is the most oil-rich country in the world. >> that is the other thing. david: oil reserves of venezuela, i know oil has come down but it is not helping at all! >> you know, that is the amazing thing. not like it is an african country that doesn't have anything. it has natural resource. it has abundance of it and still causing poverty for its citizens. we were talking off the air. part of the reason is that the oil companies are run by the government. the government has run it into the ground. david: right of the listen, i have to switch to donald trump because he just came out with his energy platform. >> yeah. david: he is pro-fracking.

you wrote a terrific book called, fueling freedom, about the whole energy industry. >> thank you. david: congrats on that. he gets energy. he gets taxes. you and a lot of other people are talking about tax plans, tax rate reductions, art laugher is big supporter, but trade. i have to ask you about trade. one thing the free-marketeers are scared to death about with regard to donald trump. do you think it is possible -- because, for example, apple, we know that i couldn't make apple phones, you couldn't pull apple phones manufacturing back home, that would bankrupt apple. can anybody get through to him on these trade issues? >> well i haven't talked to him about trade. so which you have heard from him is i think what you get. but i will say this, the energy issue, i want to address that if i could. david: sure. >> this was major speech by trump today and he bid door row some of the ideas in our book and you know, look, there is very few issues where there is a sharper contrast between the two

candidates than on energy. david: right. >> donald trump says we're going to use our coal, use our oil, use our gas. we'll create millions of union, middle class jobs, that pay, 60, 80, 100,000. hillary is basically saying we'll shut it all down and use windmills. that is pretty sharp contrast. trump is right, if we get the energy picture right, we could be energy independent in five years. we could be selling the stuff, rather than buying it from people who hate us. i think huge issue for republicans. one reason you could see a lot of middle class voters moving over to the trump camp. david: trade is issue for free market voters. that is of concern to a lot of people. we'll talk about next time. >> next time i talk to him i will let you know. david: please do. we'll get him on or you on or both of you. steve, thank you very much. melissa: floppy disks used to run nuclear weapons and 50-year-old technology to keep

the system online. outrageous news from a government report. ♪ it's the little things in life that make me smile. spending the day with my niece. i don't use super poligrip for hold, because my dentures fit well. before those little pieces would get in between my dentures and my gum and it was uncomfortable. even well fitting dentures let in food particles.

just a few dabs of super poligrip free is clinically proven to seal out more food particles so you're more comfortable and confident while you eat. so it's not about keeping my dentures in, it's about keeping the food particles out. try super poligrip free.

amazing sleep stays with you all day and all night. sleep number beds with sleepiq technology give you the knowledge to adjust for the best sleep ever. save $500 on the memorial day special edition mattress with sleepiq technology. plus 36 month financing. know better sleep. only at a sleep number store.

melissa: government report shows that approximately $60 billion was spent on maintaining outdated technology last year that accounts for 3:00 quarters of government's tech budget. the report also notes that important systems controlling the nation's nuclear weapons still run on data stored on eight-inch floppy dings. really? i can't believe those things exist. david williams joins us who is responsible and how the heck we fix this. nuclear arms running on eight i'm disks, that can't possibly

be true? >> isn't this crazy, nuclear as neal run on 8-inch disk. they are so outdated people watching don't know what they are. that is just the tip of the iceberg. probably worst example we could have but we're talking about the irs, we're talking about the social security administration. they have woefully out of date software systems some going back to the0's. computers were made in the '70s. melissa: jason chaffetz said one good trip to best buy you would be better off than what we're doing right now? kind of feels, how could we spend $60 billion to maintain floppy disks? >> problem the government isn't really focused on results. they're focused on spending money. they're not looking at goal of, okay, what do we want to accomplish here? we'll spend a billion dollars here, a billion dollars there and don't look at end result. that is why we have the problem. we have 60 billion going towards of maintenance, not actually creation of software.

melissa: how do you fix it? >> you fix it with accountability. within each agency there has to be someone responsible for each of these software programs, all this i.t. if they don't do their job, they need to be fired. we need to get rid of them and bring someone in that will accomplish these tasks. really congress, jason chaffetz has done a great job exposing this but there needs to be more follow-up, more oversight. so, yeah, there is a lot more that needs to be done. look at private sector. the private sector would never allow this to happen. would not allow computer systems to be 30, 40, 50 years old. they would demand up-to-date, hey, someone else's money. we'll spend it. who cares what the end result is. there in lies the problem. melissa: you said magic words. somebody needs to be fired. that never happens. guess who is winning the presidential nomination right now and maybe the election? somebody who's catchphrase is, you're fired! you think that is coincidence? i don't think so. you think he would come in and actually fire people?

we have only 10 second. >> i think he would. i think he would take a lot of pleasure in it. maybe he shake some things up in the bureaucracy. melissa: david williams, thank you so much. david: you will never have accountability in the bureaucracies. you have to get rid of the bureaucracies. you have to shrink government. baby on board. this is already breaking records. wow. melissa: coppertone standing by to sponsor this baby. david: that is real? melissa: yeah.

melissa: whoa, baby. this six-month-old girl is now the youngest person to water ski, skiing 62 feet. look at that. she is six months old! david: is she really six months old? are you sure this is not some kind of funny photography here? melissa: no. david: it runs in the family. her parents are professional wear skiers. she could have gone longer if

only boat reached end of lake. melissa: that is unbelievable! you don't actually believe it. david: i don't believe it just because, our kids are very cute but they can't do anything spectacular like that. melissa: spectacular is in eye of beholder. and risk and reward starts right now. >> i am officially running for president of the united states and we are going to make our country great again! [cheering] who is going to pay for the wall? >> mexico! >> donald j. trump is calling for total and complete shutdown of muslims entering the united states. our republican system is absolutely rigged. afghanistan is going to hell. just want to stay in the white house and work my ass off, make great deals, right? they're ripping the [bleep] out of the sea.

cr