dagen mr. president if you want the stock market to go up, then you have to cut out the tariffs stuff because stock market has gone sideways since you started this trade war. >> tariffs for sales taxes don't hurt the american consumer in american business. so other ways to deal with our enemies. >> have a great day everybody. >> stuart take if away. >> good morning everyone. steerch miller an advisor to president trump. demonstrators calling him name this isicopters the harassment of trump administration officials. but now we're learning that restaurant owner who kicks sarah are huckabee sanders out followed her across the street and organized a crowd of demonstrators to run her out of town. maxine waters, double down on her call to go after a all trump people whenever they appear in public. opinion, editorial, first thing in the morning somebody is going to get hurt and the left is to blame. today, against seven states

president trump campaigned in south carolina last night, to support governor henry mcmaster. he has turned that race and others into a referendum on his presidency it's all about him he called out democrats on immigration and touted the success of the economy. the crowd loved it. oil companies will love this one. the greens will hate it. a federal judge threw out lawsuits from san francisco and oakland that targeted oil companies for causing climate change. this is a blow to other cities like new york which have mowcted similar legal campaigns as chevron lawyer said using lawsuits to vilify men and women who provide energy we all need is neither honest nor constructive. "varney & company" is about to begin. ♪ well, if ever there was a go nowhere market dow industrial

demonstrate that right now big selloff town 300 points down or dead flat let's call it dead flat as a first thing this morning well look who is here joining us host of making money charles pain is with us thanks for all your hard work replacing. >> thank you very much. numbers look so good it was a dip yesterday. you remember buying it? >> not yet. not yet -- >> really -- had is new charles payne. >> listen i'm being real aristic audience has just so much money. so if i'm sitting on $40,000 i don't bite dip just yet but i will give you a level. dow flow is about 25,320 when you start to really ed load up that's when i think your next move to at least test the all time highs back in place with but next couple of day let's see where it goes. >> it has to close above 25,320 that's my number. >> okay. tell me about ge because they're selling off everything. today they're getting out of oil and gas out of health care, yesterday they were selling machinery.

it is $13 a share right now. if they sell everything -- are you buying 15? >> am i buying shell company, no. i will try to probably try to track the health care department -- area i think that's where the big growth is going to be in this country, obviously, on to moves are a little too late a nice bounce here but only day traders are touch this right now. >> it is ultimate this has to be in buzz books for a long time when jack wells slept ultimate case of mismanagement. smg that was what 12 years ago, roughly -- roughly -- yeah. most valuable company in the world. in the world now it is not but it left that -- harley-davidson, the tariffs we are told are going to add what -- 2200 to the cost of a bike in europe. and harley says they have to put some of their bike production now in europe. now hold on a second charles because here's what the president is tweeting about that today here it is when i had harley-davidson officials over to the white house i it tariffs

in other countries like india being too high and company back to america harley must know that they won't be able to sell back into the u.s. without paying a big t. what says charles payne? >> i think it is unfortunate that harley is using tariff dispute because this is old news and harley anounsed these moves oh, yeah, sure. stuart: announced they were moving -- >> but closing kansas city plant and production is moving to thai land but they have also stated their goal by 2027 is that 50% of their volume outside of america. so naturally that means that they would have production capacity outside of america. and -- they got a lot of pushback from that particularly from unions. unions want government officials and nancy pelosi -- so in my munged this is a way of sort of using the cloak of all of the hysteria as a rash that will for moving but it is old news and unfortunate because -- i think, i think it is going to be a big, major public relations era on their part. >> didn't they do very, very

well from tax cuts? they got a big bump in their profits because of tax cuts. >> in the first quarter they're effective rate was 24% and at last year's 35% rate, they did numbers are that they made 25 million extra. that's 100 million plus -- up to 200 million they admit restructuring cost to cost them to close a plant and then open a new plant in thailand. >> politically motivated in raising these issues at this time politically motivated. >> they made a big mistake to use tariffs as a long-term these are short-term you don't open a plant in a different country because of something that could go away. we could have a resolution to this in two weeks. are they still going to open a plant outside of america the answer is yes because it was already inen play because they're broke in this country is going down dray matily an sales in america were down 12%. they were up 7% in europe and irony, though, for both european and american markets overall

registrations are shrinking motorcycles don't have the hipness that they have before. of course they'll come back but yods think it is a really unfortunate that they got involved in this in a political side. >> charles thanks so much indeed and hard work pace off. >> i like to do those numbers. stuart: thank you indeed we have numbers on home prices. numbers -- >> charles see 20 price index the "case-shiller index" up 2.2% about less and half of what was expected but make no mistake house prices are still pretty hot right now. bob growth above inflation, the areas and so biggest gains in the home prices double digit gain year over year seattle, san francisco, and san francisco seattle up 13% from a year ago. so seattle homes have gone from -- outrammingous to affordable. >> let me start in real quick on that. this morning posted their result, deliver rei are is up

57% new orders up 62% on volume 79% on dollar value, and back log up 92%. 114% on value. that's yesterday new home sales blue away up 7%. we'll take that. will we not -- absolutely. nice -- john -- thank you very much. [laughter] the home of white house advisor steven miller has become latest target of protest against all things trump. and california democrat maxine waters doubling down on putting pressure on white house official roll that tape. >> remember when he said -- when he said to someone, i would like to punch him in the face. remember what the president said when he said maybe he should have been roughed up. this is the president of the united states. who promotes violence who supports those who are practicing violence and when he talks about any comment that i have made relatively to these

children, he's lying once again. >> i wouldn't call that a backing down would you? joining us now fox news contradict tore kevin jackson -- my bottom line kevin is that this rebounds badly against democrats. what say you? >> no question -- look the democrats are full of goons and hooligans and what they -- what maxine waters is asking for quite frankly she should be ashamed of herself. what else do they discriminate against with republicans when, i mean, i'm thinking of sarah are sanders getting kicked out of the restaurant here do they stop us from getting housing or stop us from getting jobs? they don't want you to live because you want to live by policies and make sense. and this immigration policy that alluded to at the very end of that is one of these policyies that we shouldn't be discussing stuart. we have a legal immigration system, and the democrats ignore it and anybody that wants to address these issues and have

meaningful conversations aroundd it they want to protest you beat you up kick you out of restaurants and use goon tactics to i think it is very unfair and it will backfire. >> what's the reaction to you? are you going to get refuse service in a restaurant or a wherever -- because you're a conservative? i mean, is that going to happen to you or people like you? what is your -- what happens to people like you you're a black man, you're a conservative -- and you're opposed to what some is being said here and low do people treat you? >> there you go pulling race card on me, stuart it is going to be -- going to be difficult for them to deal with with me and initially now maybe i don't the have the reputation i'm certainly no denzel washington with or kanye west but witness they get beyond the, you know, the black and they understand my politics absolutely. they don't care that the whether we're talking about black or white or male or female when the democrats go after you, they go after you with a viciousness

that quite frankly is should be rejengted by them but unfortunately that's the way they are. that's the way they attack us. >> sarah huckabee sanders i think she responded with real class. quietly just walked away -- a lot of class right there. i'm not -- how would you react i hate to throw this back the you but how would you react if that happened to you? >> i would have stayed in the strungt and started tweeting to get people to come down and -- i would have -- accused this woman of being a race arist and used the same tactics that they've used on us. because that's what she's done whether look in the case of sarah sanders it was a plel ideology that got her dismissed and for the record -- sarah sanders doesn't have to share the political ideology of the person that she works for. she's got a job to do. but this woman didn't care. and that's the way the left are. but look at juxtapose this to the starbucks situation and some of the other things that are going on the kate situation with the gay cake, and ask yourself

can you, should you be able to refuse service to somebody over a -- theoretical political ideology an answer is no. we should be treating each other hiewp mainly but she didn't do that and won't do that and don't expect look -- stuart this is not isolated to this woman. there are many people just -- google this subject and you'll find many people do not want to serve trump supporters. they say trump supporters aren't welcome here. and police are a good example where they aren't asked to go into businesses. >> all right kevin you're off to a lively start and we like that kevin jackson thanks for join us sir appreciate it always. how d we open this market dead flat big drop yesterday down 300 points and i say dead flat this morning. medical news, the pda approving a new marijuana based doctoring to treatment ep lip city and could there be other cannabis based drugs comen on soon doc siegel later in this hour. department of homeland security

say there's a surge in smugglers using drones at the border dhs says they're using surveillance on border security. sometimes it is trapping dru legal victory for big oil a federal judge tossing the lawsuits that wanted to hold a top oil companies financially responsible for climate change. judge napolitano has more on that big show coming up. ooking . with expedia's add-on advantage, booking a flight unlocks discounts on select hotels until the day you leave for your trip. add-on advantage. only when you book with expedia.

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>> to california, where a federal judge dismissed lawsuits by sphrirveg and oakland which had alleged big oil should have to pay to impact climate change. judge napolitano is here. san francisco -- san francisco -- i think it's a liberal judge has to be in san francisco. says enough. enough. this is extraordinary. >> so the city of san francisco in the city of oakland sued four biggest oil companies in the world. alleging that they and they

alone caused climate change and therefore, they must compensate san francisco and okay land for rising tides and all kiengdz of other environmental things that the two cities because they're on the quarter have to pay for. and a federal judge said look i recognize the existence of climate change. i recognize the science behind it but you can't point to the oil companies. even by my liberal standards are enough is enough. i'm summarizing and exaggerating a little bit. point is she dismissed the case. before a jury, sam judge who about two months ago said i need nor scientific data from plaintiff, from government and oil company and devoured through the case out. >> does that accepted a minimum wage to new york. new york city which is filing a similar lawsuit against the oil companies? >> probably not. because the oil it is a judge of the same rank are and level no now when a judge at your level rules -- you look at that. you take it into account, but

you're not controlled by it. so it is going to depend on who and lower manhattan, gets this case -- you know justice shouldn't be derled by the personality of the judges. it should be determined by the law as congress has written it and by president but sometimes personality of the judge gets involved. stuart: nothing would surprise me in new york city but let me move on shall i? supreme court going to hand down i think two important rulings today or tomorrow i think that's the time frame number one, the travel ban, the president's effort to block all immigrants from five predominantly muslim countries the court finds it's a mum ban, the president loses. if the court find that it is a legitimate exercise of his authority to protect the national security of the united states, the president wins. >> i thought the president had absolute authority to keep anybody on any group out if he or she so chooses. unless he bases it on religion in which case he has a high or

bar to go over which he has not gone over because in his view and the justice department view this is not based on muslim religion. this is based on -- predominance of terrorist are. >>ond one i think this is important financially is deuce. forced membership in public sector labor unions state of illinois says you want to work for a city, town, county, region, or state government, you must join the states labor union. you must pay the labor unions dues. the challenger says wait a minute i have freedom of association. i spend my money how i want. you guy hired me for what i can do not because i'm going to join the union so he has challenged that -- illinois statute that closed shop statute that forces you to join the union. if he prevails, this will break the back of the public sector labor unions. they have only survived because the states oforced employees to join. they've not survived because

they have offer foods benefits that people -- want. stuart: with ruling only apply to public stuff in unions in illinois or across the country? >> across the country. all public sector unions. listen, they could limit it to illinois just like they limited the same-sex marriage birthday cake to colorado they could do that. i hope they don't and answer the question once and for all because there are many, many other states like illinois where you're forced to join the union including our own home state. >> i'm right in saying in wisconsin they said no you don't have to join or pay union dues. and public to union has lost a big chunk of their work force. >> done through the state court system and never made its way through the supreme court so that ruling a applies in wisconsin. >> but it did wreck the public sector union in wisconsin. ming because union like any other organization should be able to attract and draw people in. not force them in -- under the threat of violating the law. >> we got it and aware waiting for the deal. answers in the 1:00. >> i hope so.

all right check the futures market we open the market in ten minutes time. we'll be virtually dead flat except the nasdaq which should show some recovery. big day for über -- a judge in britain could issue a decision today on whether or not über can keep doing business in london. there'll be more varney for you after this. whoooo.

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>> a british court is now deciding über's future in london. big deal where do you stand on this sue disman >> i think they need it because it shows a competitive market overhang and founder of ceo we have a new ceo in place it is time for a new license. >> you're real good on this show short, sharp, to the point oh we love you suzanne. >> every day i love this. careful. [laughter] where do you say? >> brits suspended license of iewb per seeing they're not operating fit and prop or corporate operation the corpse responsibility failed they weren't reporting accidents but drivers were not acting appropriately. there's 478,000 über drivers in loon. 48,000. in a three month period, 3.6 million people used über in london. that's remarkable so it is very popular a single judge now decides whether they can -- they're only operating under appeal because their license was

suspended last september. looking for an 18 month extension. five years -- if they doapght get it, if they kick them out, where does london stand is it technology hub that you chuck out a disrupted technology. >> and black cab fees are incredible. >> that's right. what else to we got throw them out european cities may do the same thing. >> they may. so paris for sure. yeah. they've got stay -- >> it is also crucial for the w ceo with the largest market in europe for über. a test -- how do we go public if the largest market they shut down. that's a very good partnership. a lot hangings on it and it comes on the air and i would like to discuss it. the market will open in four minutes time and we will be -- flat to slight higher i think i characterize it leak that and, of course, that follows 300 point loss yesterday. stay tuned everybody. we're taking you to wall street after this.

welcome to holiday inn! thank you! ♪ ♪ wait, i have something for you! every stay is a special stay at holiday inn. save up to 15% when you book early at hollidayinn.com >> 35 seconds to the opening bell we're will there ladies and gentlemen. how are regoing to do after yesterday's big drop? you know, one point i believe we remember down 500 points on the dow industrials. i think we hit a minus 500 and then we came back and still close with a minus 328.

now let meus check, but i think nasdaq was down 160 yesterday. well selling in technology. that was yesterday. let's see what happens today and find out in five seconds time. this is the open -- no clue how we close. here we go 9:30, on a tuesday morning. see that was yesterday. down 3h. this is today, we're up 30 points up 35, 34 points. okay 38 points looks like ally thed upside move in the very early going. a not all dow stocks have opened for business by the way, on the left-hand side of the screen that's the dow 30 minus ge because started today walgreens replaces -- i think we've got it yet that walgreens as of today now that's -- [laughter] that market we call it didn't update -- [laughter] but i can tell you conclusively -- [laughter] gone as a of right now but look at that up 61 points now for the

dow industrials. check out the s&p 500 i think we've got a modest gain there yes we do up quarter percent how about nasdaq back up a third of within percent this morning. now look at the tech stocks please before we get rolling here all on japan side yesterday big losses after trump warned that he put control on chinese money flowing into our american technology companies. all of them on upside this morning. chip makers boy were they down yesterday -- not much of a bounce today except for back up 2% and intel both down again more on all of this in just a moment. look who is with us this morning susan lee rooght there. by popular demand welcome back susan good to see you ashley webster d.r. barton here and mike murphy ge slimming down some more unloading health care, unloading gas and oil business yesterday it was big equipment unloading it all. this morning at $13 a slair is murphy buying?

i know you bought already. are you buying anymore? >> on stock having a huge move up today because wall street likes the fact that they're shedding some noncore business and trimming the corporate headquarterses so saving money. haven't bought yet because here's the thing stuart i want to e sou what's left and what's going to generate growth for the company. there's probably another dividend cut coming so you -- but remember performance of companies leave the dow is actually quite good in the first year to two years after they leave the dow. so if it gets back to 15 where you bought it, i sell it off. [laughter] >> we have toee. i need to see what the company is gong look like when all of the selling is done. >> we believe you no question about it. dr barton would you buy this thing at 13? >> i am -- i am ready buyer here for two reason ares. the biggest one is that i think industrial stocks are going to be on the upswing things that hurt when you drop on their foot the companies that make those as

inflation packs up traditionally that is a great place to be invested and i remember studying judge and bment school stuart, an it was for the exact opposite reason are of the building up now they're tearing apart pip get mike's point that where's the growth -- but -- i think they have consolidated to the point where they can now manage this company. >> you look at the jet engine business it is -- taking off. [laughter] it is literally it is doing for back orders are tremendous. the health yowngt sales and profits are rising very nicely, the power unit the struggle a bit but certainly there's cause perhaps for optimism when you scale it down by that much and focus on those three users. >> one more fire sale of -- units fire sale of the stock you don't get paid to hold it and they have a global foot precinct might be impacted by trade wars. >> suzanne lee wouldn't up it within a ten foot pole. >> you would short it. but that used to make you a

communist many years ago. and now, what you like. netflix communes chief he's out after using a racial -- there are bigger questions about diversity at the company. will net flix be able to get ahead of all of this? the ask dr to start with. >> absolutely. i think this is an issue that they are starting to deal with. they've already had their first -- their first african-american board member so that is changing. the guy that said the horrible stuff yeah. he's out. but the stock this isn't going to keep the stock down but what keep stock down is anything else that slows their global growth and i don't see that happening -- >> dropped before 400 and get above? >> nonevent for the company you know getting a lot of headlines around the makeup of their board. but really if you look at the board of a lot of silicon valley companyies they're somewhat durchght but now as dr said they're bringing on dwrs withty and company is setting on all cylinders. stock is up 100% this career.

and they've added over 90 million subscribers in last five years around the world. pretty good. >> that is stunner. making millions. okay we're looking. at 390 right now. look at tech stocks generally because they took that big hit yesterday. after a the president wanted to limit chinese money flowing into american tech companies. this morning facebook amazon, apple alphabet actually is down, microsoft they're up. what which of these dr would you buy? >> i still am a big fan of facebook because in this -- for next couple of months while we're working through tariff troubles facebook doesn't have exposure to china in particular. so that is a very strong point and there's still just growing -- so well. >> okay what would you buy? >> i like microsoft although they have exposure to china but facebook also amazon no exposure in china. apple does but google not a lot in china so selloff i think was profit taking.

opportunity to buy companies. it could be a buy. apple dividend machine atm basically. >> all right look we've come back down again we were up 50 i think we reached that point. now we're up just 8 points. i think there's stl a lot of worry about trade, that's still affecting the market an now we're up 16 at 24,270 look at lynnar that stock straight today a new home builder it is got big profits. and very strong housing demand it is up 6% this morning. where's the price of oil today? around 68? you've got it 6871. virtually very little change there or for the price of gas same story very little change 284 your national average. let's get to california. shall we? [laughter] a federal judge that believe it or not has tossed out two lawsuits that tried to link big oil with paying for global warming. this was in san francisco, a

judge tossed out a lawsuit against the oil companies can you believe this? >> no. what do you ?ai >> what you really want to look atere is a little common sense in the world is really what we need. this is not the fault of the big oil company so they're bouncing on this. but it could have gone the other way and it actually could have like some people who thought it would go the other way so this is good with common sense in the world. >> so there's a plus for big oil stocks. for big oil stocks and it is a plus for big oil stocks. it's a plus for all of fuss stuart. this is a -- this is a nuisance suit cities are trying to get paid and it's the wrong thing to do. the people that are bringing this stuff up should get voted out of office. >> i'm glad you brought that up because i think the left 79s to make oil companies the cash cow to pay for climate change. >> they just like they did with the tobacco companies they want to make them -- not interested in anything else are they but that's just in the editorializing sorry about that. look at harley-davidson big hit yesterday they said that tariffs add to the cost of their price

of their bikes in europe, and they have to move some production offshore. president trump tweeted about that earlier. i think we've got that for you here we go earlier this year harley-davidson would move their plant operation in kansas city to thailand before tariffs announced hence they were just using tariffs trade war, and as an excuse shows how unbalanced and unfair trade is but we will fix it. okay. do we want to take this on anybody harley-davidson -- >> i think president is right here harley-davidson trends have been going down. because millennials aren't buying the bikes so i think they made a major misstep to try to blame it on the tariffs and they got called out on it. >> got it. first it was google workers now it's sales force employees. who reportedly pressuring the companies ceo to reare think its contract with the cuss testimony and board protection people in other words the internal politics of employees dictating

company policy. on politics -- i found that extraordinary. >> i don't like it. >> and in fact the ceo mike is actually very socially active but said you know what none of our product is being used wrrd to the separation of families at the beard so he's pushing become on the employees a little bit and they're also trying to gets other government contracts so they're kind of pushing back a little bit. but this is ongoing thing we've had and microsoft and amazon this is a trend right now. outrageous. shareholder you need a strong ceo to stand up to these and last i checked we all live in a country and the government is for all of the people not just one side or the the other side so i think the employees need to be -- put in their place and ceo should dictate the direction of the business. >> you and i see eye to eye -- [laughter] there question go. also need to go back to the economics 101. they can -- say let's gets out of contract now because we don't like the politics for today when the politics change when a new

administration comes many, they're going we lost all of those jobs we lost those contracts now go back to get them for us. they don't understand how the business works. that's the problem. >> next case apple ordering a lot of content but does it have anywhere to show it all? looks like it is playing catchup and netflix and amazon -- they've hired all of this talent to come up -- >> witherspoon jennifer aniston oprah spending billion dollars over next year but it goes back to their subscription service when will it launch we don't know just yet and who will pay for it that's interesting. but buying all of this talent to create content in the future for their streaming services. they're buying talent. because they're buying talent and not buying channels i keep getting asked when will apple buy a time warner or buy fox in they don't need to they have their own platform. one thing on apple you know people knocked apple music for a very long time yet apple music has kind of done well now. so i wouldn't bet against apple.

>> shouldn't bet against apple period. thank you very much dr and mike time is up 9:40 eastern time we appreciate you being with us gentlemen thank you very much. 21 point higher for dow ever a loss yesterday. president trump says he wants to see disgraced fbi agent peter struck testify in public. he wants to hearings, broadcast on live tv, not behind closed doors that's what the president wants. anthony rimpest man in australia is pledged to make a big investment in america. he wants to create thousands of jobs right here -- he's going to explain why he's doing that and what he's doing on this program shortly.

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>> well look at this 13 minutes in and we're up now 51 points that recovers the 24,300 level

that's where we are. facebook's instagram estimated to be worth a ton of money. nicole is with us -- and she's going to surprise us all with how much money instagram is qort say it. >> 100 billion dollars -- what? that's amazing, if it were separate entity in all itself that's what it would be worth. do you know that facebook bought instagram for one, one billion dollars. back in 2012? would you like to make 100 times your money in such a short tile it is amazing with over a billion users for month now, and it is estimated to grow and double that. 2 billion in the next five years. so it's amazing how it can continue to grow and bring in 16% of the revenue for facebook. >> that too. no wonder facebook is a teff lon stock all right nicole thank you very much indeed goods stuff. special guest now --

australia's richest person his name is anthony pratt executive chair of pratt industries. he joins us now. sir, welcome to the program good to see you. >> thank you, stuart. >> now, you're putting a lot of money into america. you're putting $2 billion in, you want to create jobs. and you're also putting money into america to double our food production. let me start with that. doubling food production -- what are you doing here? why? >> basically, we sell boxes -- over half of our customers are in the food industry so as goes them and goes us so we started conversation with goal of doubling the food production industry -- as well as exports. and, though, here in the midwest today we're celebrating the fact that beef and dairy exports are up 16%. >> well that's a good number. you, obviously, see america as a growing and very strong economy. that's how you look at it? >> absolutely. i made a pledge to president

trump last year, that we would invest in additional $2 billion to create 5,000 high paying manufacturing jobs mainly in the midwest. >> $2 billion to create 5,000 manufacturing jobs in the midwest, and that's your commitment to trump's america. i thought mr. trump was not popular around the world. >> well, he's tremendously popular with us. we think that, you know, since his tax bill which the sleeper of the tax bill, of course, wases one with year off on investment -- i think it's going to lead to a tsunami in the investment in united states an made everything manufacturing goes into a box and we think we're a barometer of the economy. >> forgive me if i express some surprise, you are -- australia richest person, an you made your money in -- reare cycled paper that's what you made it i thought the great fortunes in australia made out in western australia in iron

ore, a natural resource where am i going wrong? >> well basically we have been -- we have a business in australia, we came to america about 25 years ago and we countrily built 70 factories hoar that employ 8,000 americans in high paying manufacturing jobs. >> now, as an outsider forgive me for saying you're an outsider because we have similar accents here but looking at the american scene, looking at america, and china -- it's she versus trump. who do you think wins? >> i think the president trump is focused on reciprocal trade and focused on reducing the trade surpluses or the other countries that have with america put it another way the deficit that america has with different countries including china and i think that -- his focus is causing companyies like us to come in like apple to come back. stopping companies like carrier leaving bringing companies in from europe so i think there's

going to be a tsunami of investment in the united states. thanks to his leadership i think there's been a million jobs createssed since the tax bill. >> forgive me for doing this but you want to double food production -- in the united states -- what investments are you making to double food production? >> well, we're studying a conversation around how to double food production. the main way that, you know, customers are all in food service goes them so goes us is that we're focused on the leveraging america's reputation for safe, clean food overseas by focussings on products not just like comomties but more products like beef and dairy and food and vegetables and nuts with food safety is a tremendously important issue america has the best reputation. >> anthony pratt australian great having you on the show sir and i tried not to try to intimidate your access i do when i'm speaking to australians but it was great thanks for coming

onboard we appreciate it. j thanks, stuart. >> check that big board where are we? we went up 50, 60 now up 18 -- mildly positive. can i get away with that? [laughter] >> wishy washy. we're up 16 -- how about that? the fda prove a brand new drug to treat childhood epilepsy there's a twist it is made from marijuana. dr. siegel is going to tell us about it in a moment. he's next. at fidelity, our online u.s. equity trades are just $4.95. so no matter what you trade, or where you trade, you'll only pay $4.95. fidelity. open an account today. you always get the lowest price on our rooms, guaranteed? let's say it in a really low voice. carl? lowest price, guaranteed. just stick with badda book. badda boom. book now at choicehotels.com

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text summer15 to 500500 to start listening today. the fda approved first medicine made from marijuana. doc siegel is with us this is the drug to treat child epilepsy does it work? >> it is fantastic made by gw werk ltd and revolutionary because it is the first time that fda has approved a marijuana derivative type of drug, and you know what we're talking about young children here. that have condition called lavid severe seizure conditions less than one-year-old, and go on to developpal problems and muscular problem this is works in conjunction with with other problems this will lead fda to change how cbd or --

it is listed by the dea. so it is less restricted this is first medical use for marijuana derivative drug and this wasn't the compound that causes you to get high or anything. it is part of a marijuana plan that doesn't cause you to get high but it has medicinal uses to decrease seizures i'm excited it be. >> how can you oppose something that doesn't get you high but uses a different part of the plan. >> and helps with children. of course here's one for you. new york state's medicaid program -- there's a new drug to treat cystic fibrosis it say it is not that effective and too highly priced. they'll cover it if you get the price down. and price is 272,000 per year. what says doc siegel? >> both sides of this argument i love the fact that trump administration is trying push down drug prices especially when it comes to medicaid. they've already forced the 23% discount on to federal law. but now new york state is saying

you're -- 30 most expensive drugs to force you to discount further this is only drug company which is saying we're not complying. but here's the other side oft stuart. this is a revolutionary treatment we're talking about genetic treatments here. cystic fibrosis patients to live around 40 years old now they have a genetic treatment and a new one coming out that is better where we treat the genetic abnormality so hard to say this shouldn't be covered so i see both sides of this. get the price lower because i don't believe going out of business any time soon get the price lower. yes negotiate this. yes discount on this outrageously priced drug but it must be covered by medicaid. >> why should a drug company go into business of making this kind of drug if they can't get their profit out of it. if we've got people saying it is too highly priced regardless of their liability costs why should they go into that business of making these drugs? >> great question. and this is why you went to london school of economics the

answer is that they have the market on this. this has all of this -- a company for cystic fibrosis drugs to make money one way or the other this the least i'm fine wit medicaid pressuring them a little bit. >> why that much? >> it is a billion dollars to make this drug and only 30,000 -- cystic fibrosis patients in the country. >> lawyers will go after every single one. >> they do. here come lawyers and then no one makes profit except lawyers. price goes up. that's what happens. >> that's one thing and other thing is they're says i'm not buying that i want more of a discount and get a good pr out of it too. look at these poor patients with cystic fibrosis with too much press pray respiratory secretion. i think trump is doing a good job trying to get the prices down. and --

thank you very much indeed. the good stuff i have a prediction for you. president trump wins on the immigration edition immigration issue -- sorry. confusing my words. president trump wince on immigration issue. my take next.

stuart: we are awaiting two major decisions from the supreme court, and they could come down this hour; one on president trump's travel ban, the other on forcing workers to pay union dues. we will bring you the news when it happens. but first, could it be? president trump wins the immigration issue? after the uproar over family separation and the president's approval rating and the split in the republican party, it sure doesn't look like he's winning, does it? the democrats think they can ride this to victory in november. hold on. the left has no immigration

control plan, but voters want an immigration control plan. and is we'll ask the question again, what will the democrats do when waves of illegals hit the border this summer? and they will come. the democrats have put out the welcome mat, they're encouraging border crossings on a mass scale. the system will be overwhelmed. what will voter reaction be then? we have some indication already. for the first time, a majority want the wall built. that's from a cbs poll. they're hardly trump supporters. and there's the pew poll too, reliably independent. it found the number one issue that voters want their candidates to talk about is immigration. do you think open borders is a vote winner? all over the world mobile migrants are banging on the door of rich nations, fleeing the poverty and violence of the middle east, north africa and central america. in europe germany's angela merkel let 'em in with disastrous political consequences. in america the democrats want

the same thing, let them all in, but president trump is holding firm. last night he told an enthusiastic crowd, build the wall and stop mass all legal migration. he went right at the democrats. they want open borders, he said, and they don't mind crime. he's got a knack for getting right to the heart of the matter, and that's what he's doing on illegal immigration. voters are listening. the second hour of "varney & company" is about to begin. ♪ ♪ stuart: breaking news on the economy, consumer confidence. ashley: still very confident, not quite as high as we expected though, 126.4, the expectations -- which stu loves when we talk about expectations -- 128. stuart: hate it. ashley: but let's bear in mind the last couple of months has been an 18-year high. it's hard to maintain that pace,

but pretty bullish out there thanks to the very strong labor market. stuart: we'll take it. ge, gonna talk about that today. it's on track for its best day in about three years. look at it go, it's up 7%. and it's slimming down some more, today unloading its health care and oil and gas wizs, and -- gas businesses, and also toit is officially out of the dow jones industrial average. look at it, 13.68, up nearly a buck, 7%. as for the big tech names, they were down yesterday, but today we've got apple and microsoft, two of the biggest gainers of all the dow 30 stocks. microsoft is up a buck, and we have apple up 2.45. look at netflix, please. down yesterday after an executive shake-up. today it got an upgrade, rapidly moving back to $400 a share, it's up $12 at 397. now this, protesters at the immigration court in new york city, they want to get rid of i.c.e. completely. watch this.

>> what would make you think you have to pay for people coming here? people who come here are workers. i mean, who do you think delivers your pizza? who do you think is running these soup carts, working at mcdonald's? i'm not a big fan of corporate america, but go to any establishment right in this neighborhood. >> a 16-year-old with a two-month-old child is going to start a business right off the bat? >> actually, a lot of the 16-year-olds have been accompanied by their parents and separated at the border. stuart: aha. lawrence jones, campus reform editor-in-chief, joins us now. let's get back to the top of the show. i say that president trump, i think he's going to win on the immigration issue, and you say what? >> he already won. this was the election, the past election. the president ran on immigration. he was tough on immigration when he came down that stairwell in trump tower. a lot of people criticized the president, but this is an issue that's already been litigated in

the past election which is why it's so strange for me that democrats are trying to run on this issue in the next election considering the president demolished them in the past election on this very issue. stuart: well, let me put out an idea which you may or may not agree with, lawrence jones. [laughter] you've got a nice smile on your face, you anticipate the question. the democrats want to solidify and lock in the hispanic vote. >> okay. stuart: they feel if they have an open border appeal, that will appeal to hispanic voters, and they'll win especially in swing states in november and in 2020. >> well, let me give you the alternative -- stuart: okay, i'm listening. >> because there's a cause and effect. and we've seen this from liberal professors on the college campuses. we report on it all the time -- stuart: that's what you do. >> professors have suggested that these are just like slaves, and it's become very offensive to black americans. you know, with hillary clinton and her war on drugs, bill clinton war on drugs where they called black americans

superpredators, those people said that they were just trying to provide for their families too. they were separated from their families, but they have to follow the law. so why are we having such a different standard when it comes to other people crossing the border? and i went back home to that's, texas, and i'm going to tell you right now, they were ticked off in the barbershop on this issue not just for the double standard, but it seems like the democratic party is so invested in the latino commitment, but they do nothing for the black americans in this country considering we give them 97% of our vote. i don't think it's a tough ask to say advocate for us first, because who do you think this is going to hurt when you bring illegals across the border and have to pay them lower than minimum wage? those are workers that would be black folks. stuart: are you telling me there is now a schism between black folks and hispanic folks when it comes to voting democratic? >> don't take my word for it, look at the polling when you look at black males rising in their support for donald trump --

stuart: they are? i've not seen the polls. >> it's not astronomical, but what the democrats are doing right now, they are stirring the pot. i'm not saying that the black voters are going totly go out an vote for donald trump, but they will stay at home, and we saw what happened the last election when black voters didn't show up for hillary clinton. she lost the election. so i would advise the democrats to go back to your base, the people that can actually vote for you, the people that you're lobbying right now cannot vote for you. go for it, and we'll see what happens. stuart: just fascinating. you should come to new york more often. [laughter] it's so much better when you're face to face -- >> right. well, you had a great monologue, so it made me happy. you were right on the money. stuart: you're right again. [laughter] thank you, bro. >> thank you, brother. stuart: see you again soon. next story, a british court will decide today if uber can operate in london. scott shellady joins us from london. he's been there for some time. this would be a huge hit for uber if they were knocked away

and, you know, taken out of london. is that going to -- >> you're right, stuart. you know, around the world i'm a big fan of uber, but it just doesn't work in london. cab drivers take about four years to learn 25,000 streets. you just can't roll up in a prius with navigation and away you go. even though the satellite navigation is there, it's not always right especially with 25,000 streets, and you don't really get to where you're going, and sometimes it can be dangerous, and that's why they have the problem. they don't have the confidence in uber, and i use them all over the world, hong kong to san francisco. but in london it's very difficult just because of the amount of streets and all the different ways you can get someplace. stuart: i think we should straighten out for our viewers, black cabs. it's not that they're driven by african-americans -- [laughter] it is that the cabs themselves are black, they're diesels, and they are operated by drivers who have to spend a couple of years

acquiring what's called the knowledge, as i understand it, to find their best way around london. you say that if you have uber in, it's not fair to the black cab drivers. right? >> right. stuart: but if you kick them out, if you kick uber out of london, that sends one extraordinary message to paris, for example. they don't want uber there either. and it sends a message about london being a technology hub. >> you know, and london's been great as far as technology goes, and it has been a european technology hub. but the problem is, stuart, is that you've got all these people that suddenly turn up with their satellite navigation, and all of a sudden they want to be the technology provider when it comes to these cabs, and they want to rival the iconic b cab that is london and what everybody thinks about, and it just hasn't been working out. that's why their license has been suspended and is under review. i reckon they'll probably get a year, 18 months or a two-year extension to show they're gotten

better, but they still hen't changed a lot. they just aren't as safe. they're a lot cheaper, yes, but if you want the cheapest nanny to look after your children, that's the kind of question a lot of folks are asking here. stuart: i'm not going to answer that particular question. [laughter] i do usually go for the cheap. [laughter] now, i have to show you some video. an nba star, james harden, winning the most valuable player award while wearing a cow jacket. you, however, are the original cow guy. [laughter] >> high fashion. ashley: yes. stuart: now, you've got something else to show us, haven't you, scott? >> well, yeah. we're going to -- we've got a little bit of a van made up, we're going to try to take it around both the states and the u.k. and bring the gospel to the people, stuart, about what hard work, less regulation, lower taxes do to your economy. [laughter] we're pretty excited. there's a big story, a big success story happening in the states, and why can't it happen

in london too. stuart: you are a cattle rancher, aren't you? you're in the cattle farming business. >> yeah, you know what? believe it or not, we have some roots there, we still have a family farm three hours west of chicago. so, yeah, i can talk the talk and walk the walk. maybe unlike james harden i can't dunk a basketball, but i know how to milk a cow. [laughter] stuart: scott, you may be a reactionary, but i think you're all right. [laughter] thanks for joining us, see you soon. >> see ya. stuart: coming up, we're watching all the developments out of the supreme court when and if we get them. the two cases we're waiting for especially, number one, the travel ban, number two, union dues. we'll bring you all the news as soon as we get it, and analysis president trump versus the world on trade. china's xi says it's in his nature to punch back. two strong leaders, both don't back down from a fight. i'm asking who wins here. author of "the bully of asia," the author of that book, he'll give uses his take.

president trump says maxine waters is the face of the democrats. waters doubling down on her call to harass dump officials. we've -- trump officials. we've got a lott to coffer, but we've got a whole, what, hour and 45 minutes to do it. stay there, please. ♪ ♪ six in the morning. she thought it was a fire. it was worse. a sinkhole opened up under our museum. eight priceless corvettes had plunged into it. chubb was there within hours. they helped make sure it was safe. we had everyone we needed to get our museum back up and running, and we opened the next day.

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good, then it's time for power e*trade. the platform, price and service that gives you the edge you need. looks like we have a couple seconds left. let's do some card twirling twirlingards e*trade. the original place to invest online. stuart: breaking news, just getting it,i think we're first. the supreme courts has ruled in favor of president trump on the travel ban. read that banner. supreme court rules on trump's travel ban, in favor of trump's travel ban. now look, we're digesting this. we're getting details as we speak, but i'll repeat it. the supreme court has ruled in favor of president trump who has gone to court over his proposed travel ban.

ashley: wow. stuart: it's come down on the president's side. ashley: says he has the authority for, what was it, five mostly muslim-based -- stuart: right. ashley: -- countries. i believe the court in hawaii was the one who challenged it saying that you can't discriminate based on religious beliefs. the president said it wasn't about that, it's about national security. and obviously the supreme court agreeing with the president. stuart: i'd like to know what the ruling was, was it 5-4 -- ashley: we're waiting. stuart: of course we'll haveo wait for that. the details are just coming in. jason chaffetz, former utah congressman, republican, with us this morning. you're just hearing this raw news come across, jason. can you come in for some perspective here? it's a trump victory, bottom line. >> yeah. the president had suffered several blows to this so-called travel ban. i never thought it was characterized properly by the left. they tried to make it something of a religious tint, but there were cups on that list --

countries on that list that didn't fit that bill. it's clearly a victory for the president. the president needs to be able to help control the borders and make these determinations as they, you know, allow or disallow people from certain countries to come in. and all he was asking for was giving additional, more rigorous vetting of these people. stuart: hold on a second -- >> it seemed very reasonable to me. stuart: i've got lawrence jones still with me here in new york. you've just heard this ruling. it's i favor of the president, he can limit people coming to this country from five predominantly muslim countries. your reaction, please. >> the president has a long range of authority when it comes to immigration. so if you value the constitution, this was a no-brainer. now what they did try to do in this case is they painted the president as a racist because of some of the things that he said during the campaign trail. and what is tough is that he had no authority at that period of time. then the president released this

executive order, but it was so much detail of why especially administration want to do something similar to this. he didn't say muslims, but he targeted countries. they really didn't have a case going into this one in the very beginning. i knew the president was going to win on this decision if the supreme court truly vald the constitution. i'm interested to see -- ashley: 5-4. stuart: 5-4. >> yeah, yeah. and that sounds about right. those judges that respect the constitution, they ruled in favor -- stuart: how do you see this, jason chaffetz, back to you. it was a 5-4 ruling in favor of the president. what do you read into that? >> i think it'll give the president more authority the go after surgeon -- to go after certain countries. where we can't vet people, remember, we've got people coming from all over the world, and they need to be able to be there on the ground and vet these people before they come in. some of them are going to take 60 or 90 days which the

president was asking for. but somehow the democrats were fighting against that and filing suits, and you had some rogue judges going the wrong direction, but this will help clarify it. stuart: jason, the president went t court saying i'm doing this on national security grounds. i'm not doing it on religious grounds. >> yeah. stuart: i'm doing it on national security grounds. that's -- and the court agreed with him. that's a very important ruling. >> yeah. they were trying to dig back, as was said, about, you know, some of the campaign rhetoric. but if you look at the reality, some of the biggest muslim-oriented countries in the world were not on this list. and so to say that it was purely based on that was erroneous from the get go, and i'm glad the judges recognized that. stuart: on my monitors here in the studio, i've got other networks. i can't hear what they're saying, and i shouldn't be pejorative and guess what they're saying, but my dollar says that they will say that this is a racist ruling.

>> well, you know, they can say whatever they want, stuart. at the end of the day, the supreme court rules based on the constitution. and there is no doubt the authority that the president has. earlier today we were talking about immigration, this solidifies yet again that the president is winning when it comes to immigration in this country. this will be a blow to the liberal democrats that have swung at the president out of emotion and not of law. and this will once again rally the president's base and say he's fighting for us, and he's doing it from the basis of the constitution. stuart: jason chaffetz, back to you again. there's been extreme opposition, emotional opposition, harassment of trump people because of the president's position on various issues. finish -- i suspect that this ruling from the supreme court will intensify that opposition to the president because they will be coming back and saying, yeah, he is a racist. he is anti-muslim.

i'm pretty sure that's what's going to happen. >> well, you're seeing the face of the resistance movement, and it's ugly. it's violent, it's vicious, it's aggressive, it's win at all costs, it's embarrassing, it does everything to harass. i think they way overstepped the line when they start picking on staff. i think that is just totally out of bounds. i think some of the calls that maxine waters and others have put out there are way, way over the line. i don't think the middle of america, most of america appreciates that. but i think it is, the resistance movement is the face of the democratic party today. i think they're desperate, they're losing their grip on reality, and it's not going to pay off for them in the election in 2018. i think there'll be a big, big pushback from america. stuart: jason, hold on for a second. ashley, you've got more

details -- ashley: i do. in written form, chief justice roberts delivered the opinion of the court in favor of this. he says at the very beginning of his opinion, under the immigration and nationality act foreign nationals seeking entry into the united states undergo a vetting process to insure they satisfy the numerous requirements for admission. the act, he says, also vests the president with authority to restrict the entry of aliens whenever he finds that their entry, quote, will be detrimental to the interests of the united states. and that's been the point of the president, is these five countries that were singled out were unable to provide proper information about the individuals that were trying to come into the united states. >> so i want to quickly talk about this, because there's obviously always this back and forth with liberals when it comes to racial profiling. your race can be part of a criminal profuel. when -- profile. when you strictly go after someone based on their race,

that's illegal. but when a component of the entire vetting system, that's totally legal. so what the liberals have done in this situation, it's just based on race. no, it's not. there's race, where they're from, their religion, what background that the vetters are able to find in those countries, who they've been associated -- that is part of the vetting system. so it's not just one component. it's all of those componts in totality to decide if these people can come in our country or not. stuart: the bottom line is that that act, which you stated -- ashley: yes. immigration and nationality act. the ina. stuart: ina, thank you. that gives the president the authority to exclude people who he thinks would be detrimental to -- ashley: who can't be properly vetted. stuart: can't be properly vetted. so vetting is at the core of all of this. you have to ask how on earth to we vet? >> we don't, and that's the problem. that is the risk -- most americans know this as well, stuart, that we can't properly

vet these people. and so we risk the chances of being like the e.u. and having terrorists come in our country and commit these atrocities. and so the president is making the decision as the commander in chief to protect this nation first before we decid if we're going allow people in this cup or not. stuart -- in this country or not. stuart: christina joins us now who's been watching this case and the judgment. what do you have for us, please? >> reporter: as you said, it's a 5-4 ruling, four liberals dissented, but they did rule in favor of president trump and the travel ban. originally, this was put in place once he entered his presidency, there was three different versions. and a major reason why the supreme court ruled in favor of president trump is that the travel ban didn't focus solely on majority muslim countries. there are other countries involved in that ban, north korea, venezuela being a part of it. but i want to focus on some of the positives too for this case. there are three additional features of entry. so there's some leeway with this

travel ban going forward. the leeway being, first, since the president introduced entry restrictions there's, they're actually removed. there's three countries removed, iraq, sudan and chad. the second is that several of those countries, although they may have entry restrictions, there's a way to get around it. there's exemptions. and, third, there is a waiver program open to all covered foreign nationals seek ising entry as immigrants and non-immigrants, so there's three ways to get around this travel ban. but again, it does include about eight cups, -- eight countries, not all muslim based. and this is what the ruling right now, we know that the state of hawaii tried to pretty much argue against this saying that the president did argue or was prejudiced in the process of law making, and it was rooted in religious discrimination. today here at the supreme court we're seeing that's not the case, they're ruling in favor of the president because it's due

to national security. stuart: christina, thank you very much, indeed. i'll get more from you in a moment. jason chaffetz, still with us, does the ruling on the travel ban have any relevance for what the president can do at our southern border? any relevance at all? >> yeah, at the heart of this is vetting. and what they're saying is -- supreme courts don't act in favor of a president's policies or not. what they're looking at is the principle here. and the principle is the president has the sole authority to make a determination as to what extent that vetting happens. i think the term travel ban has always been misused. it didn't say that if you're in a particular country, you could never come here. it's just the president said we need extreme vetting. we need our state department personnel to be able to go back and make sure this person is who they say they are. and in many of these countries, they don't have the infrastructure or background information for them to actually

do that process. so when you have hundreds of thousands of people flowing up from who who kno where, remember, there are more than 100 countries trying -- that have people flowing north, you know, through our border. they're not just coming from mexico that the president has the authority to do that, and that takes time. there's a backlog of 600,000 people on just the asylum claims. so that's a lot of work and takes time. stuart: well, that's swamping the system, isn't it? is that's overloading, quite deliberately, the system which cannot handle those numbers in any reasonable time frame. lawrence. >> if i could push back on my colleague, jason. the rean why the president has so much authority when it comes to this travel ban is because these people that hadn't yet entered into the country. the moment they enter on american soil, the legal process becomes a little bit more complicated because they do have a right to a hearing. and -- ashley: to an a asylum hearing. >> and i have pushed back on the president because i think this

could benefit him greatly. what he does need to do is what senator ted cruz has proposed, increase the amount of judges, because then it is no longer on the president. they have went through the legal process, and those judges have ruled they didn't go through the proper process, and then the judge can send them back. that's what makes this different from the decision coming out of the supreme court right now. stuart: to recap, the supreme court has ruled and upheld president trump's travel ban on people coming to this country from predominantly muslim societies. they ruled in favor of the president. it was a fairly narrow, it was a 5-4 ruling. now, we are waiting for another ruling to come down which will have much more financial significance. there's no impact whatsoever on the markets from the travel ban, upholding of that. no impact financially whatsoever. but we are waiting for the other decision, and that would be on union dues. ashley: yes. stuart: it's likely going to come down tomorrow, probably not today, but you never know for

sure. probably tomorrow. that has more financial significance. when we went about into that supreme court decision and we received it roughly 10, 12 minutes ago, the dow was up about 50, 60 points. it's now up 48 points. so as you can see, absolutely no financial impact whatsoever. political impact, oh, yes, there's plenty of that. it's a win for president trump. he is allowed to do what he's wanted to do for the past year. the supreme court says, yes, you can impose that travel ban. because it's all about vetting. ashley: yes. stuart: you've got to be able to vet people. that's according to, what, the ina? ashley: the immigration and nationality act. the bottom line, does the president have the authority to do this, and it's very clear in the statutory language that, absolutely, he can do that. the president underwent a worldwide review by security agencies before he made his decision, and based on the way the laws are written, he has all the leverage in the world --

>> yeah, this should have never made it to the supreme court. if there weren't so many liberal, activist judges in those lower courts that ruled based on their emotions and how they feel, we would have never been in this predicament. they knew -- this was a win from the very beginning. people that value the constitution were going to rule this way. stuart: it's a shame it's so narrow. christina, come back in, please. >> reporter: i'm listening to ashley's statement, and he is correct because according to what we're seeing in the syllabus, it is saying that the president does have the decision whether and when to suspend entry, whose entry to suspend, for how long and what conditions. therefore, the president does have ample power to impose be entry restrictions in addition to those elsewhere enumerated in the ina. so that's exactly what ashley just said, and i just wanted to get back to you guys saying that is what is stated right here today. you're seeing the crowd, that has nothing to do with the travel ban case -- or you're hearing it in the audio.

again, 5-4 ruling, and that's because the four liberals -- i just wanted to administer info as i go through and read through this entire case. stuart: all right, christina. actually, i've got somebody who's already read it. [laughter] and his name is andrew, as in napolitano. >> my eyes are bleary. stuart: i can tell. go through it. >> so the good news for the president is this is, as your colleagues have been saying, this is a strong reaffirmation of the president's ability to regulate immigration into the united states in order to secure the borders of the country. and this is based upon the constitution which designates the president as the sole formulator of foreign power, foreign policy and a specific statute which grants the president the absolute and unfettered right to exclude persons or groups from particular areas. do so for an impermissible purpose, and the majority said

we're only going to look at the words he uttered as the president of the united states and not when he said when he was a candidate. stuart: that's the important -- >> correct. that's the rub right here. the dissenters are saying how can you not look at what he said as a candidate? it's part of his persona, it was shouted loud and clear, it was proclaimed from the rooftops. he wants to stop muslims because they're muslims. the majority said he didn't say that in these executive orders, we're just interpreting the executive orders. now, that's the good news for the president. there is bad news for the president. stuart: what is it? >> this is a preliminary ruling as to whether it stays in effect during the trial. there will still be a trial as to whether it is constitutional, and that trial will be held before the same judge in hawaii who invalidated in this in the first place. but during the pendency of a trial, this is the law -- stuart: look, i'm very sorry, judge, but i don't get that.

the supreme court is the supreme law of the land. >> yes. stuart: and they've made a ruling which says the president has the authority to do what he wanted to do. how on earth can it go back to a lower level, a much lower level and have a trial reverse the supreme court? >> because this is a preliminary ruling pretrial. finish now, often when this happens the lower court will give up the ghost and say i'm not going to hold a trial on something the supreme court -- [inaudible conversations] ashley: not hawaii. >> or they may very well say here's an opportunity to stick our thumb in the president's eye, we're still going to hold a trial on this even though this executive order is the law of the land during the trial. stuart: okay. so they have a little trial and they come to a verdict and they say, oh, mr. president, you are wrong. then what? >> the -- it'll be very, very difficult to do that under this decision because the decision says they may not do what they did the first time around which is to take into account his words as a candidate. they can't do it.

>> it's a losing mission. stuart: thank you. >> they can only -- the supreme court has narrowed the ability of the trial court to examine the behavior of donald trump to the words that he has used. stuart: are you prepad, judge andrew napolitano, to dismiss this negative, can dismiss in that they've got to go back and have a trial in hawaii, the ruling will stand, the president has won? >> the ruling will stand, the president has won, but he is confronting life-tenured judges whose views of his words as a candidate and his motivation as a president are antithetical to what he's trying to accomplish. is they'll give him as much of a hard time as they can. but he can begin this afternoon enforcing this order at all the ports, points of entry around the united states. stuart: so he can do that? >> oh, yes. he'd be most unwise not to do it because he has that unfettered authority as of right now, and

these trial courts can't stop him. they canold a trial and say this particular plaintiff in this particular case is allowed in no matter a what the president wants, but they can't invalidate the ban because the supreme court has upheld it. stuart: okay. >> do you feel a little better, mr. varney? stuart: no. i'm just trying to figure out exactly what's happened here, and i want to simplify it. i want claireclarity. >> a given plaintiff with hardship who's about to give a speech at the university of hawaii and who's been paid a varney-like fee for the speech -- [laughter] and has been blocked from entering the port of honolulu can bring -- that would be quite a fee -- [laughter] can bring up application before a trial judge in hawaii to get past the ban, and the trial judge can hear that case. stuart: and that's it. >> correct. there would be many of those, and they'd have to be legitimate, but we know what the law of the land is. the president of the united states, donald trump and his successors, have this authority.

stuart: and will the taxpayers of hawaii have to pay for all these trials which they wish to put on? >> i'm sorry to say -- stuart: no. >> -- yes. stuart: oh, yes, they will. the taxpayers of -- >> the plaintiff is the university of hawaii -- stuart: let 'em pay. let 'em pay. i'm a happy guy. >> i'd like to know what that guy's fee is if it's varney-like. [laughter] stuart: i'm not going there, judge. instead, i'm going to brian kilmeade. he's on the radio, he's joining us on tv. you heard the ruling, your reaction. >> well, i tell you what, number one, i feel like the judge is judging me through all this. even though i'm looking at you, stuart, it's like the judge is staring right through you, so i feel pressure. [laughter] i'll tell you pretty create that this -- politically what this means, mitch mcconnell did a pretty good thing getting judge gorsuch, holding out and waiting for the next election to get a supreme court justice. it's like many decisions, a 5-4 decision, and it goes in the

president's direction. on this count it hooks like a win for the president, it makes his speeches better. it takes 5 nations out of 50 and says, listen, we're not happy with the organization in which you're bringing your citizens forward to come to our country. is since the paperwork is not correct, bedon't know about syria, libya, yemen and two other nations, so until that gets done, we can't accept you in. it doesn't mean we can't place you in the iraq category where iraq showed that they were organized enough that we feel when a citizen comes forward they've had a thorough background check, that they are who they say they are, so you can remove yourself. and i guess sudan did the same thing. we feel better about them. i think it just reaffirms the presidential authority to do something that we thought was automatic. and then we say also that if you say something on the stump like lock her up, hillary, it doesn't mean it should figure into a decision that the supreme court has to deal with. stuart: i'm watching in the studio here, brian, i've got other tv channels, other news

networks on the monitor screens, and i see a lot of very long faces. [laughter] i mean, they are disappointed in the extreme. i wouldn't be surprised if there's some tears before the end of the day. i take it, however, that your listeners will be very happy at this decision. am i right? >> i think a lot of them. i've got diverse listeners. a lot of them call up and argue with me because some think identify been wrong, but i've not been wrong yet. [laughter] number two, what your cable bill is like, it must be through the roof, stuart. laugh if there's more than one set, they try to charge me. i've had cable people -- >> i've got to take credit for system of this, because brian and i spent three hours a day for four years in that windowless radio booth, and he's become a constitutional scholar -- >> i'm able to use cases and represent people in court. [laughter] it really pays the bills because i come home in the amp, i have a lot of free time.

stuart: i'm watching those monitors, and i don't see many happy faces, and that is a fact. it was a narrow ruling though, brian, it was 5-4. there's going to be a lot of rulings like that out of this supreme court, and now we're waiting for this second decision which probably comes down tomorrow on union dues and who can be forced to pay whether a union member or not. i think that will have more financial significance, brian. >> i think it will. it seems ridiculous. i can figure that one out without the gown. but i will say this -- [laughter] anthony kennedy, will he retire now, or will he retire in the fall? one way or another you talk about a hot topic where the president wants a senate from his party to deal with, that's now. so i don't want to give you another topic to bring up if you ever say good-bye to me, but that might be something to bring up with your esteemed panel being that the judge went to law school by all the certificates he has in his office. that might be something to speculate because annie kennedy's getting up there --

anthony. how much longer is he going to hang onsome. >> stuart: good question, and i don't have an answer for you. brian kilmeade, it was fun. the only smiling face on television at this moment, it's you and i, brother. and that's the way it goes. >> 5-4. stuart: judge, thank you very much for jumping in here at such short notice. we're very much obliged to you. now, as i said, no impact on the financial markets whatsoever. 26 points higher for the dow industrials. jason chaffetz, you've been listening to the conversation here. you want to pick up on anything, anything poignant that you observed? >> well, this politically is a win for the president, i think the base will be very buoyed up by that. i think the democrats will be very, very frustrated. again, they seem to be losing on all the fronts. they don't, you know, the economy's going well, foreign policy's going well, and this was something they really thought the supreme court might back up but, obviously, didn't. as far as the functionality of this, i think it's very important that a president --

regardless of president trump or not -- have the authority to make these on-the-spot decisions. it shouldn't be done by some committee or what not. the president has the constitutional authority, and the supreme court recognized that. stuart: and there you have it, a 5-4 ruling came down about a half hour ago. anything more to saw say, lawrence jones? >> we need people, and we've talked about this a little bit, we need people in front of the border before they get into the cup. as i was telling you, stuart, this shows you the authority the president has before the people get into the country. and so if, if we don't have those people, the president didn't have to go through the legal process. but those bordering countries have to work with the united states. if not, the president should do what he said he would do and stop sending foreign aid to those countries who won't work with us. stuart: who have i got with me? tell me, please. this is the gentleman next to me, vincent ve future owe,

you're referring to a totally different case, and that's all about whether or not someone can be forced to pay union dues in a government-run operation. is that correct? >> that's right, stuart. thanks foraving m on. we are on pins and needles in the janus v. asme case. it's a first amendment case, mark janus is saying that everything government unions do is inherently political, and because everything they do is political, he shouldn't be forced to pay them. stuart: we've not yet got that ruling. ashley: no. stuart: might come tomorrow. >> it might come tomorrow. we definitely did not get it today. but i tell you, stuart, the unions are already trying to circumvent the supreme court before it's even decided. unions are actually trying to trap public employees into paying them despite the decision. stuart: i'm trying to work out the consequences of a decision in your favor, in the favor of mark janus. if the court says -- and we don't have the ruling yet, so

don't take this, it's not happened yet. ashley: no. stuart: but if the court says you don't have to pay those union dues, that is a catastrophe for government unions all across the country. because a lot of people will no longer pay union dues to those unions. >> it's about five million, give or take, public employees across the country and socially in the 22 states where unions can actually get workers fired for not paying them, they will be free. they will essentially have right to work rights. but i'm telling you, unions are trying to circumvent this court, making sure public employees know about their rights and they don't sign away their rights even before the supreme court has decided. stuart: now, you're vigorous here in support of your guy and your position. do you think you're going to win? >> well, stuart, it's easy to be vigorous in support of the first amendment and free speech of public employees across the country. like i said, you know, the unions think that the supreme court is going to decide for free speech and for public

employees across the country. most followers of the supreme court think that they are going to rule for mark janus and for the thorne attorneys at national right to work and liberty justice center. is so, yeah, we may have a great decision for the first amendment hopefully tomorrow, probably this week. stuart: okay, good luck. >> thank you. stuart: we shall see. thank you very much for being with us. we do appreciate it. again, no response on the fan markets -- financial markets to the ruling on president trump's travel ban. we're up 26 points, we were up 40 when the ruling was announced, so this is not a financial issue. we now have a presidential tweet just coming to us, here we go. supreme court upholds trump travel ban, wow. [laughter] that's interesting. i mean, not much more to say to that. social flow guy, you invest in relation to politics, don't you? >> we do.

we serve media companies who write about politics, government and quasi-government agencies as well, try to get their message out to twitter, facebook and other social networks. stuart: right. so social media reaction to this ruling, what have you got? >> you just read it, wow. a man of few words in this particular case. and i was just looking at our dashboards before i came on, and there's just a little bit of chatter. it's interesting, this whole debate about algorithmic feeds and artificial intelligence, are you going to get the live, realtime reaction or the curated version, and i was looking at twitter, there wasn't that much. it's so new, it hasn't bubbled up yet. i think it's going to take another 20, 30 minutes to see what's starting to take root here. stuart: will there be some censorship as to what's allowed out there? >> they take what's trending and bubbling up and give it more attention -- stuart: regardless of what's bubbling up? >> sort of regardless of what it is. stuart: so if there was a leftist reaction against this decision, it would be allowed on social media? and if there's a conservative

movement very much in favor of it using some pretty strong listening, that would get on there as well? >> it would be allow, yeah. and these platforms talk a lot about censorship. they try and step away and say we don't want to be the arbiters of what's true or not. one can debate do they implicitly favor liberal versus conservative, etc., and those are fair discussions, but in general you don't see humans saying, nah, i don't agree with that point of view, i'm going to suppress it. at least not for the major social platforms. stuart: tell me again, what exactly do you do? [laughter] >> we're the software that media companies use to get their -- it's a war for attention. stuart: ah, so a media company comes to you, you've got special software, and that will get their message out onto social media. >> right. if you're going to tweet a hundred times today, which tweet should go out and when? obviously, if there's breaking news like the supreme court case, it should go out now. but you've got all kinds of content that's timely and

relevant, but if you can get more people to see it an hour from now than right now, wouldn't you want to -- stuart: so your software decides what dose out there and when. >> it's more of a sequencing thing. we say, okay, if this is the content that you have, we'll try to help you slot it into the windows when it gets the most -- stuart: and politics has got nothing to do with it at all? >> well, political coverage certainly is a hot -- stuart: you're not taking a political stance. >> no. we don't want to be the arbiters of whose truth is more accurate than somebody else's. stuart: very timely appearanced today to. glad you just walked in the studio. very convenient moment. thank you very much, indeed. jason chaffetz, thanks for being with us, i know you've been very patient hanging out there. and sir, vincent, thanks for joining us. appreciate pit. all right, dow industrials just turned south. it's not a serious move south, we're down 9 points at 24,283.

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stuart: all right. let me repeat that the supreme court has ruled in a 5-4 ruling

they have upheld president trump's travel ban. that came down about 45 minutes ago. the supreme court upholds the president eat travel ban. -- president's travel ban. no impact on the market, we're up 26 points. we briefly dipped into negative territory. that may have occurred because the ceo of chevron said that all the trade tension and the trade conflict may be a drag on economic growth. that's what he said. momentarily the dow came to a -11, now we're back up to a +27. i'm staying on trade. china's president has responded to mr. trump's tariff threat. president xi said this: in the west you have the notion that if somebody hits you on the left cheek, you turn the other cheek. and in our culture, we punch back. joining us now, the author of the book "the bully of asia." his name is steven mosher, and he's on the program as of right now. good to see you, sir. >> good morning, stuart.

stuart: if this is a fight, xi versus president trump, when who wins? >> well, it's interesting that xi jinping is behaving exactly like the bully of asia would be expected the behave. but you know what? i don't think his intelligence agency has prepared a good report for him on president donald trump, because we know president trump as an excellent counterpuncher. but the fact is this fight did not start with president trump, did not start with the threat of tariffs from the united states. this fight started back in 1991 when dunk show ping dechaired a cold -- declared a cold war against the united states. we're in the 15th round of a 15-round championship bout, and we've been pummeled for the first 14 rounds, and it's good to see somebody, our president, finally fighting back. stuart: if you talk about the bully of a asia and yoususpect that president xi fits that

bill, you don't expect him to back down, do you? >> i suspect he has to back down because china is vulnerable in many ways. it has a huge off the books debt, probably 300% of gdp. it has an aging population because the one-child policy, and it lacks innovation. this is an economy that relies on theft. if it can be stolen, china will steal it because the corruption in china means that it's very hard to see innovation within china's borders. who's going to spend a billion dollars and thousands of man hours developing a new product only to see it stolen by a competitor within china? much easier to steal it from the united states, to steal it from the west. stuart: how do you expect president xi to punch back? as he said in his statement, and we broadcast this yesterday, he punches back. in his culture, you punch back. how will he do that, do you think? >> well, i think publicly he'll

make loud noises which he's doing now, and i think privately he'll reach some agreement very quickly, china is much more vulnerable on trade than the united states, it's a much larger programming of their economy. and of trade a lot of it flows to the united states of america. so we have tremendous leverage which we have not until now begun to use, but i think now we will. we have to understand that american companies in china are not competing against chinese companies, they're competing against china incorporated. they're competing against the chinese party state. so it can never be a level playing field. there will be regulation changes, there will be tariff barriers, non-tariff barriers. american companies going to china only to be squeezed dry of their technology and then squeezed back out of the country. so any american company that is now in china thinking it's going to make a profit, in ten years probably won't be there, probably will be replaced by a state-owned enterprise run by the chinese communist party and

will find its markets overseas shrinking as well. stuart: steven mosher, you take a harde, and that's implied in your book, "the bully of asia." thank you very much for joining us, we appreciate it. >> thank you, stuart. stuart: okay. here's what's coming up for you. hatred from the left, ridiculous lawsuits, tax hikes not to mention no new ideas. i'm going to put all that lot together, and i'm going to say that, to me, looks like president trump's coming out the winner. my take on that top of the hour, here we go. ♪ ♪ copd makes it hard to breathe. so to breathe better, i go with anoro. ♪ go your own way copd tries to say, "go this way." i say, "i'll go my own way, with anoro." ♪ go your own way once-daily anoro contains two medicines called bronchodilators

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big news from the supreme court came last hour. they rolled 5 -4 in favor of president trump's travel ban on people coming hear from predominantly muslim countries. honestly much more on this coming up in the next few

minutes. later this hour the judge will be back but first maxine waters just handed president trump what i think is a big win. she called for trump to be hounded from public life. despite a mild rebuke she did not back down. she doubled down. that's a trump win. so too is the protest last night at the private home of steven muller, a trump advisor. so too is the ridiculous call from the left to abolish the immigration department entirely. intimidate conservatives and open the border to any and all? trump derangement syndrome. it's alive and well and it's working for mr. trump. it's not working for democrats.

here's another trump win. a judge throws out to lawsuits filed by the left that tried to make oil companies responsible for climate change. it's all their fault that the left. the democrats really think that kind of ridiculous lawsuit brings them votes? it's nonsense. they make trump look good. in california there will be a vote on rolling back the democrats gas tax. it will likely pass by a big margin. that's a trump win. on the democrats home turf. the biggest win of all is the economy. our successful return to prosperity make the democrats look out of touch. remember the crumbs, from a party which hasn't had a growth plan in decades? hatred from the left, ridiculous lawsuits, tax hikes, the absence of any new ideas and the ever present trump arrangement syndrome. you bring all that lot together and you have a democrat mess and the president looks increasingly like a winner. the third hour of "varney and company" is about to begin.

that was an editorial. more on in a moment. first present trump is meeting with top officials from the associated builders and contractors organization at this hour. it could be about building that border wal if we get any video or headlines, you will get them pronto. back to the big board, stocks up just a little. there is a big selloff yesterday down 328. it bounced back, were up 42 at the moment at 24297. about the s&p 500. if the dow is down point to percent the s&p is down -- it's up point to percent. nasdaq, where are we with the nasdaq it is up a quarter percentage point. modest gains. president trump moved to

restrict the flow of chinese money into american tech firms. they were all down yesterday. modest upside move today except for google which is down another five bucks as we speak. the chipmakers down really big yesterday. not recovering. as of today general electric, ge is out of the dow industrial. taking its place, walgreens is in. general electric up. i've got more for you on ge. it is unloading its healthcare and oil and gas businesses. come on in. he's always smiling. you bought ge. now they're selling everything.

they're selling a lot. are they worth $13. share? >> absolutely. there are worth a lot more than that. are doing the right thing. they're getting rid of the businesses they should have never been allowed in. let's do more the things that are working and less of the things that are not. they're getting ready rid of extraneous businesses but i think they're doing the right thing. the stock will be higher a year from now than it is right now and historically, once you have been taking out of the dow, i think an average a year later europe 9% but i think that's what will be. dennis is the man who bought general electric. a true believer. stay there for a second. i want to t about the economy and bring in peter murray see. i need a check of the rate of growth in this economy. i'm told it's 3%. i was hoping for four. what are we going to get. we will get something very close to 3%. most economists yes at 3% or a

tad less. it was ad first quarter compared to others. will likely have 4% growth in the second quarter or close to it. we'll have pretty good growth rest of the year. it will be tough to make three but it's possible do you care about economic growth and what you say the rate is? the economy is externally strong. it's been strong going forward. even here in southern virginia where we have been a dampened economy because of the decline in defense spending for many years. you can't go anywhere without seeing help wanted signs. the economy is doing quite well. that doesn't bode excessively well for the stock market. economy, we are doing for 5% growth. this is a strong economy but it doesn't mean the stock market have to continue to go higher.

you say the democrats should thank their lucky stars that tax day doesn't come bore the midterm. what you talking about. they will release the new tax form that 70 or 80% have been filing. as much as people dislike paying taxes, what they really hate even more is filing them. even for ordinary people, the process has become so complex and difficult, we are back to the days were most people will file on a very short form. back to the early 1970s when i used to file taxes, i literally would compute my taxes with a yellow pad, democrats you later. it was too expensive for a professor to buy coffee later in those days. we did it by hand and for many people they will be able to do that again. it will be a half hour enterprise, no more turbotax, no more going to h&r block and all that if they don't want too. people will be very grateful.

think about it. president trump and speaker ryan standing in booktv set, look what we gave you. we took tax day and the democrats want to control you by reporting everything in your lives. not only is this form easy to do but think of all the information were not collecting about you. >> dennis dennis you care at all about politics? >> absolutely. i care a great deal about politics but i voted for the president but i wish he would change his critical view on trade. i think he's absolutely wrong on what he's doing but do i care about politics? absolutely. i have the trade in the foreign exchange market. i care about what happens in the uk. i care about what goes on in germany. we care about how the prime ministers polar doing in japan every day. i care about them and trade with them every day. >> i thought you were an american stock trader and investor. i didn't know you messed

around with currency. >> i grew up in the foreign exchange market. that was my first job trading what was, i wrote about everything today. it is the largest market in the world and i think it's the smartest and brightest of the capital markets. >> and politics count. gentlemen, thank you very much for joining us and i'm sorry to cut it short but i have the supreme court is less than you know how that goes. dennis and peter, the supreme court upheld president trump's travel ban. what's the main take away. >> this is three-point oh, third version and this is a win for the white house.

federal immigration law grants discretion to allow aliens into the united states. it goes on to say he lawfully executed that based on his findings following a world wide agency review the entry would be detrimental to the national interest. you hear the reference to the multi agency review. you remember homeland security and others put together some information they needed to get from countries who wanted folks to be able to come to the u.s. if they weren't willing to provide that information or were unable they go on to talk about the president has the power to know who they are to keep them from coming into the u.s. after the presidency, whether those to be factored in and the majority said no. they said were not saying we endorse those or don't endorse them but were basically saying the proclamation is expressly premised on legitimate purposes preventing entry of nationals who cannot be adequately vetted.

it says nothing about religion and goes on to say if it's supposed to be a muslim ban is not very effective because it ffects a percent of the wod's muslim population. the dissent, there are two. they were rather pointed. justice suddenly are said the u.s. is all about religious freedom and today they got this wrong. that is in her estimation not considering the statements made other than the text of the proclamation itself. >> i don't know how you do it. it must be this thick of stuff that you have to go through and you did it for a spread we really appreciate it. >> be careful. we will see you real soon. you heard my editorial, top of the hour, the democrats, my opinion losing on many, many issues, especially maxine waters. she's double down on her call to harass trump officials whenever they appear in public. in my opinion this makes president trump look good.

in about 20 minutes, president trump will be meeting with top officials from the associated builders and contractors organization. might this be about building the border wall? senator daines who is going to that meeting is with us on the other side of the break. you are watching the third hour of "varney and company". a bachelor. and that's how he intended to keep it. then he met the love of his life. who came with a three foot, two inch bonus. for this new stepdad, it's promising to care for his daughter as if she's his own. every way we look out for those we love is an act of mutuality. we can help with the financial ones. learn more or find an advisor at massmutual.com

ladies and gentlemen, as you look at the yield on the ten year treasury, bear with us. we will do something a little different. i will use jargon. whenever you start them but at this moment it's important we do. i want to talk about the yield curve. they didn't buzz me yet. susan, this yield curve, i

wouldn't get into it too deeply but it implies were going toward a recession. >> make it very simple. it's a red line that were looking at and we don't want to go below the zero line. this is the spread. it is narrowing in it that the closest in 11 years. when it inverts going below that zero line every recession for the past six years. >> of the yellow line, if it goes below the red line that implies there will be a recession. inverted yield. it looks like were close. >> the timeline is questionable. some of these recessions took six months after inverted and some took two years. that's a bad sign. you just explain something without getting buzzed. welcome to the show. next case, president trump

will be meeting with republican members of congress this afternoon. joining us now is steve daines, republican from montana. i think this is a meeting of the appropriations committee which the president will address but i think it's about building the wall. is that right. >> i will be there. i'm sure we will be talking about the spending priorities. i think there's probably another message we were here and i'm glad he will fit. that is, he will veto any omnibus spending bill that's ever put before him again. what that means is the federal fiscal year ends september 30. congress has been derelict in their duty for 22 years. this place has not passed all the spending bills before the current fiscal year ends. they have spending bills in place when the next fiscal year begins. we were six months into this fiscal year before congress put together this omnibus.

it there putting all these bills together in a closed room, were just a few staff members and members put together the spending for this country. that is the wrong process to follow. they said if you do that again i will veto it. it's another great example. we have a chance to get this done before the end of the current fiscal year. i think that's part of a strong message to the appropriators. it could be a warning the president is prepared to shut the government down if you don't give me the bill that i want. >> to talk about spending priorities to fund building the wall. that has begun. we will talk about that but importantly he said i don't want another one of these tort filled on the best spending bills that occur six months into the current fiscal year. can you imagine if you are in business and i was in business 28 years where you didn't set your budgets locking down where to spend until you are six months into your current fiscal year.

that is dereliction of duty and the president will put a strong marker down thing if you do that again i am vetoing it, as he should. that's why right now were going through regular order it goes to the committee and you put the bills on the floor well be donned in full view of the american public. that's what's been missing for 22 years. >> you think the president will get the money for this time yea year. it's a winner for national security. it securing our borders are the wall and its boots on the ground. it's one of the most important role we have to secure our nation's borders. >> you think today's supreme court ruling allowing the travel ban, is that good for national security. >> it absolutely is.

judge gorsuch voted with the majority 5 - 4. he understands the risk of national security and the travelers risk they post to this nation. >> senator steve daines, things for joining us. the price of gasoline has been coming down. it's holding steady right now. that is your national average for regular. by the way, that three dollars club for states where the average price of gas is three dollars or more. that is still 12 states where it is three dollars or more. there you have it. a few weeks back we showed you this video, frozen yogurt served by a robot. that is unlikely investor

behind t company. we will tell you who it is, nex next. harley-davidson said tariffs are adding 2000 bucks to the price of a bike in europe. it's transferring production over there. president trump is not happy. we tell you what he's saying about that. big story today, the supreme court ruled in favor of the travel ban 5 - 4. the judge is coming back for more on that one. (indistinguishable muttering) that was awful. why are you so good at this? had a coach in high school. really helped me up my game. i had a coach. math. ooh. so, why don't traders have coaches? who says they don't?

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alright, 9:53? i usually make their lunches then, and i have a little vegan so wow, you are busy. wouldn't it be great if you had investments that worked as hard as you do? yeah. introducing essential portfolios. the automated investing solution that lets you focus on your life. price of gold is down six bucks 1262 continues its retreat. bit coin still in the 6000-dollar range. an unlikely investor in a yoga company that uses robots. phil mickelson. it's made by the company reese. [inaudible] it can serve up to seven flavor flavors. they will open 30 stores.

i really look for him tive opportunities and have the potential for rapid growth and can provide a sustainable model. look at the stock of fresh healthy bending. made in america and publicly traded. does anyone have any idea why a brilliant golfer should be involved with the robot that serves yogurt. >> that's kind of his thing. instagram is worth more than a hundred billion dollars. that's an increase from one facebook bought it in 2012 for

1 billion. now it's where the hundred billion. this comes days after they announced video platform. it has 1on monthly active uses. parent company is still around its all-time high which was just about 200. present trump meets with the builders and contractors association. the markets are modestly higher. ♪ ♪ ♪ ♪

happening right now, president trump meets with the builders and contractors organization at the white house. any video, any headlines will bring them right to you. i've got breaking news about oil and it ran. big stuff. a state department official will travel to india and china in the coming week asking them to cut oil imports from it ran

to zero. that pushes the price up to 6 $69. barrel. they're trying to take the iranian oil off the market. >> the u.s. is holding a hard line on waivers. good luck to china agreeing to that. what we saw on the market yesterday, china will play soft. >> it's another bargaining chip for china. meanwhile there have been serious demonstrations and disruptions of government activity because of the economic situation. when president trump withdrew from the brand-new deal that put huge pressure on the iranian activity. they can't put food on the table at a reasonable price. there's demonstrations all over the place.

they're also asking other countries to pick up the slack. who's going to pick up the slack? >> the gulf countries, the saudi's, we will say to china and india india don't get from it ran, give get it from the other golf country. >> and it comes eight days after china threatened duties on oil imports. >> have we got this video? above to see it again. this is video from tehran, the capital of it ran. this was taken the last couple days. these are serious demonstrations taking place against the government. government has made a total mess of the economy spending a small fortune on hezbollah and pursuing a war with israel. meanwhile they can put food on the table and they don't like it. just as bad, we are trying to

tell our allies don't buy it rainy and loyal to put even more pressure. can they be brought to the table to make serious concessions over and above about a new nuclear deal. we get it all. i was there, 1972. back in the day. >> let's move on. look at harley-davidson. it's moving some production to europe because of tariffs. president trump doesn't like that. here's his tweet from this morning. harley-davidson should never be built in another country, never. their employees and customers are already very angry at them.

it will be the beginning of the end. they will be taxed like never before. that's pretty strong stuff. >> absolutely. in reaction to a 31% increase in tariffs, harley-davidson said they're gonna move production, instead of raising prices and the u.s. president, president trump probably thanks i helped you early in my administration, invited you to the white house and this is what you're going to do. they had a high close to 56 and they're down pressing against $40. share. this is in reaction to falling demand. they're using tariffs as an excuse to move production to europe instead. they're not very popular for.

big story of the day comes on the supreme court. it ruled in favor of president trump in that travel ban gays. president trump is calling the ruling a tremendous victory for the american people and the constitution. the judge it back with us again we would like it's extremely aggressive and without calling the president unabashedly they relied on what they believe his impulses to be, to use race as a basis for decision-making which of course if true and demonstrable would have invalidated the travel ban. the basis on which they rely on things that canada trump said. they're saying if we have something the president writes weo go back to something he said before. there would be no end to us second-guessing the president.

were concerned with whether or not the executive order conforms with the institution and the statutes. we can't get into the business of what he said 18 months ago when he was mr. donald trump. are all getting this benefits woven into the fabric of the law it's a mantra that you will hear. i don't know if you'll hear from the more moderate or sensible but your certainly hearing it from colleagues on the other networks were not very happy as they analyze this. the president is quite correct that this is a victory for the constitution. he gets judges out of the business of deciding whether the president is doing the right thing under the constitution.

even the trial judges in hawaii. we don't express an opinion on the policy. we only rule on the constitution another issue for you. the hearing of peter struck and the other hating frauds of the fbi and d.o.j. should be shown to the public on live television, not a closed-door hearing that no one will see. we should expose the people for what they are. they should be total transparency. i fully agree with the president. these closed-door hearings on the most profound issue of our day which is this, was there a

conspiracy in the obama administration d.o.j. and fbi to derail the presidential candidate of donald trump and was peter struck at the heart of the conspiracy. why should that be answered in secret? whatever you want to call this behavior, we should hear the questions and we should hear the answers. otherwise were going to get a republican version of what leaked and a democratic version of what's leaked. how about lettuce do the qa for ourselves and make up our own mind. that's the president's argument. >> put it on tv and all running on this show. >> republican whose chair of the house judiciary committee, he alone could open the hearing if you want. i hope you listening. i know they get mad at me when

i look at the camera and talk directly to someone but this is a profound issue about transparency in government. >> i put it on the shelf and the ratings will be great. thank you very much indeed. back to my editorial from the top of the hour. the democrats are losing. that's my opinion. first in california there will be a vote on rolling back the democrats gas tax. it will likely pass by a big margin. that is a trump win on the democrats home turf. maxine waters doubled down on her tax on the ministration. i say all the hatred from the left, crazy lawsuits and i think it's a win for the president. more on that moment. i have to tell you something incredible. capital one has partnered with hotels.com to give venture cardholders 10 miles on every dollar they spend at thousands of hotels.

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seven states holding primaries or votes today.

primary thing colorado, maryland, new york, oklahoma, utah, south carolina and mississippi. in utah, mitt romney up against challenger mike kennedy at the gop senate primary. in maryland, chelsea manning challenging been carded in the democrat primary. south carolina they rallied and he's tweeting about this morning. it was great being with henry mcmaster in south carolina. he is tough on crime and border, loves our military and our vets and has created many jobs in the great economy. go out and vote for henry today. he will never let you down. a massive challenger john warren will be on after the bell. that's you're on the foxbusiness network today at 4:00 p.m. eastern. in california, voters will

decide in november on whether to repeal an increase in the states gas tax. the initiative will be on the ballot. henry is in carson california with more on this. this is likely to pass, isn't it? >> yes, if there's any indication, californians are what overwhelmingly against the idea of paying an additional 12% gas tax on top of what they already pay. this is a 40% increase in gas tax that was signed into law by governor jerry brown. this repeal measure had to get over half a million registered voters to sign a petition to earn a spot on the ballot in november which they did very easily. the repeal measure would roll back a 12-cent. gallon gas tax and also amend the california constitution so voters have to prove any future gas tax increases. governor jerry brown blasting the repeal effort headed to the ballot in november blaming washington for something californians aren't happy

about saying this flawed and dangerous measure pushed by trumps washington allies jeopardizes the safety of millions of californians by stopping local communities from fixing crumbled roads and bridges. he admits people don't like the gas tax but argue the state desperately needs it to fix its infrastructure and get california ready for the olympics in 2028. the tax itself is posted raise every year but in january governor brown predicted the state would actually have a $6 billion surplus in tax revenue. gop candidate john cox celebrated the repeal initiative in a statement saying that this also be a message to every special interest in sacramento we are coming from you. you can outspend the people that you can't outvote people because there are more of the us in our view. they will repeal the measure on november 6.

they say this is good for their candidates that are also on the ballot because they think it will turn out republicans and conservatives on election day. >> we will see about that. thank you very much. the gas tax is just one example of negative pressure building up on the democrats. maxine waters is another. listen to what she is saying about fighting the trump administration. rotate. >> remember what he said when he said to someone i would like to punch him in the face. remember what the president said when he said maybe he should have been roughed up. this is the president of the united states. he promotes violence, supports those who are practicing violence, and when he talks about any comment that i have made, relativel relative to these children, he is lying once again. >> maxine waters still wants to harass any republican official who is seen in public. how about that. i've got another democrat loss

if you can call it that. the judge dismissed the lawsuit targeting big oil companies for their role in climate change. the judge says get out of here. joining us is nationally syndicated host larry. i'm saying there's lot of negatives piling up for the democrats. i think politally, what say you. >> i think the rhetoric of maxine waters will finally turn off voters. democrats have been saying things like this for years. i remember joe biden gave a speech and he was talking about mitt romney diffusing to put additional violations on wall street. he said he wants to unchain wall street and put y'all back in chains. when claire mccaskill ran for percentage she said george w. bush let people die on rooftops in new orleans because they were poor and black. outrageous.

they been saying things like this constantly. hillary clinton in the senate was complaining about the republican house. she said this place is run like a plantation and you know what i'm talking about the they do it all the time. air colder once referred to the movement for voter id and called it pernicious racism. how can that be pernicious racism. people are just paying attention to some of the incendiary language and it's certainly true because of trumpets a different level, but i'm saying they've been saying this stuff for years. maxine waters once called george hw bush a good races. for crying out loud. in the last election, over 90% voted democrat and the election before that and before that. in the next election, 2020, what proportion of black folks will republican. >> think about 15% of black might vote republican this

time. after kanye west came out and made a statement and candace owens came out and supported donald trump, a lot of black people began to take another look at him. in a week or to his support among men doubled in his support amongst black altogether increased about 50%. he's almost at 15% right now which is triple how they voted in 2016. i believe there's a sweet sweet spot there and he's pushed to do something about immigration. donald trump's push for choice in schools is the winner. they want to option out of it. this option alone would cause more blacks to pay attention to him. >> it's great but i want more of this. i hope you can come back

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burger king is under fire after employees at a louisiana restaurant refused to serve uniformed police officers who came through the drive-through. burger king and that specific location have apologized. running us now is james, the president of the police pba. you're not happy about the. >> no one is. >> you can't be. >> people are throwing trump supporters out of restaurants but you police officers can't say i don't like your politics are not going to cover this kind. you can't do that. >> we can't discriminate, nor should they. >> is a lot of this happening. >> i've been a police officers for 34 years but there's always been examples of things

where people don't like the police, they spit in food and terrible things like that. this is the pendulum going too far in one direction. i don't think anybody of the same mind could agree that not serving someone wearing a uniform. it's classic example of disconnection and hate. it shouldn't be tolerated. >> if you are officers go up to a restaurant of any kind and are reserve refused service, what should they do. >> that's something the union to get involved in the department should get involved in providing want to patronize a place that doesn't want you. >> they would accept it and walk out in style. >> absolutely. >> that's what these officers did in louisiana. >> what can you do when this kind of thing is happening on a more and more frequent basis. >> what can i do? i don't think burger king did enough. i know they came out and apologized. was that an economic decision to apologize? i don't know.

i wouldn't go to a burger king right now until they do more. you see the example of starbucks, they closed all their stores for a day and did a sensitivity training. can they do that for police officer's to? were no different than anybody else. we are part of the community. we are fathers, brothers, sisters, mothers, coaches just like anybody else in this country. >> i got ended but i want to thank you very much for coming on the show and pointing out something that is a disgraceful feature of our society at this moment. more varney after this.

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your hotel should make it easy to do all the things you do. which is what we do. crowne plaza. we're all business, mostly. >> look at this spirit oil about $70 a barrel as state department officials go to india and china next week asking them to cut imports from iran. no more oil coming to them from iran. >> economic pressure on iran is feeling a lot of unrest at home

because of the economic problem. this is another ratchet up your >> negotiating tactics for china either way the u.s. and china. stuart: you are short and to the point. stuart: time is up everyone. neil cavuto, it is yours. neil: is stuart, thank you very much good supreme court ruling will hold the president's travel ban. kristina partsinevelos is outside the supreme court with more. >> like you said the you said that liberals dissenting. what they concluded as the president the authority did fall in line. he was able to put forth a travel ban. you have chief justice john roberts aimed that the ban was based on legitimate purposes and not due to religion. this is the third version of the travel ban because they concluded that these are based off of religious beliefs are that it was targeted to majority