america is some of the moves offensive things out there -- the most of offensive things out there. and that's >> those facts had better be right or else he might have been guilty of committing the fraud. lauren: breaking news this morning. the securities and exchange commission look into elon musk suites about taking tesla private. did he mislead investors? trying to albertson's called off their $22 billion merger plan. >> the s&p 500 being slightly lower yesterday. the s&p in the not back both half a percent below a record. >> stock market futures slightly

to the upside to the dogs haven't come s&p up to, nasdaq up four. >> the u.s. and russia with the tensions that could affect european companies. red arrows in london, paris and germany. >> stocks in china rebound as investors of health care and technology stocks. the shanghai composite of 2%. the hong kong hang seng up 1%. >> chris collins arrested on charges of insider trading, but he vowed to fight back and to seek reelection. "fbn:am" starts right now. cheryl: 5:01 a.m. in new york papers day, august 9th. m. cheryl casone. lauren: everybody appeared on lauren simonetti print the securities and exchange committee reportedly questioned

tesla following the stunning announcement that you may take the company private. "wall street journal" reporting when he treated he has secured funding for what would be the largest buyout ever. cheryl: former sec chairman harvey pitt had to say on coast-to-coast. >> the word funding means he hasn't locked up in place and legally enforceable and that was a five question he didn't commit a fraud on that score. >> mosque made the announcement on twitter than a press release. he had proposed taking the company private last week and it was evaluating the idea appeared to be sure to tune in this morning to maria. maria will have an interview

with sec chairman harvey pitt. >> a merger between two big drugstores that has now officially been called off. cheryl: tracee carrasco i'm not story with other headlines. >> bear: if the merger because of pushback from shareholders who complained he was undervalued. write it not offering investors enough. i'll pretend that this is unwilling to change the terms of the merger while in its own statement it is committed to moving forward in executing our strategic plan as a standalone company. with almost 5000 locations across the country. >> some top tours are opposing cbs's plan to take over at now. >> this is the american medical association which asked the

justice department not to allow cbs's plan to buy health insurance aetna. because of reduced competition and also less innovation in health insurance and pharmacy services. cvs disagrees with this competition will remain fierce. >> a major publisher might be selling the struggling newspaper business as well. >> reportedly considering an offer to sell the "chicago tribune" and newspaper holdings to a private equity firm. total offer could be over $700 million. trump sold a southern newspaper including "the l.a. times" earlier this year and most recently made some major cuts to the staff of the new york daily news. cheryl: changing time for the newspaper base. thank you so much. not backing down in the care for

with the united states. the country imposing a 25% retaliatory tariffs on $60 million worth of u.s. could go into effect in two weeks the same day u.s. tariffs on chinese goods in the same amount again. this is a tit-for-tat we been telling you about. china operating like a mobster after the jump administration imposed $34 billion for the tariffs on china that went into effect last month. sticking with trade come the u.s. and mexican officials holding trade talks in washington as they try to reach a new nafta deal by the end of the week. cheryl: a key sticking point, an agreement on cars. we get more from edward morris. >> another round of talks with the trade delegation meeting with the mexican trade delegations trying to iron out the last three of the big issues related to autos and nafta. all smiles as the mexican delegation came out of the meeting that lasted just shy of

two hours. [inaudible] -he's talking about finishing the auto part of nafta by friday. one other big issue come in the sunset clause come in the u.s. would like to see the sunset after five years. that means ending the agreement starting over. putting forth an agreement that wait a minute, let's try and reassess the numbers after five years because both parties can get out of nafta at any point. the mexicans and canadians saying that publicans need a long-term investment like auto plants or other things. nafta can't sunset. a 75% of a car built in north america following their nafta up

from 62.5% of the mexican economy minister said they can get there in five years. one other big sticking point, and workers making $16 an hour. mexico offered to have a percentage of the car. that is well above their marketplace for the wages of an assembly maker is $6 an hour. the u.s. and mexico would like to see a revised master plan done in principle by the end of august through the mexican economic minister as well as u.s. trade representative robert light has a sent it is doable to have it in principle by the end of august. back to you. >> chris collins refusing to back down from seeking reelection after being indicted on insider trading. >> the charges living against me are meritless and invalid mount a vigorous defense in court to clear my name.

cheryl: prosecutors accusing the dark representative of sharing insider information about a biotech company who then traded shares before the results were made public and actually avoided $768,000 in losses. >> congressman collins had an obligation, a legal duty to keep that information secret until that information was released by the company to the public. but he didn't keep his secret. instead, as alleged he decided to commit a crime. he placed his family and friends about the public good. lauren: collins is due back in court in october a month before the mid-term. vice president mike pence is set to outline the administration for a space source. hence will speak at the pentagon

today addressed the next exit from the u.s. military branch dedicated to space. approval would be needed. a space for us to be the first to military service in the air force was created back in 1947. what would the uniforms look like? lauren: the death toll soars in the devastating earthquake in indonesia. the sec examining few unmasked tweets on taking the company public with the future for tesla just ahead. take a look at chair money. the dow up four points. nasdaq now up eight days in a row. nasdaq futures up seven points this morning. ♪ alerts -- wouldn't you like one from the market

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been a good morning and welcome back. gains on wall street at the open today. take a look at features. dogs have incoming nasdaq up the same. >> reiki news overnight. aftershocks limited edition as the death toll has reportedly climbed to 227 of the five pointed magnitude tremor shook the tourist island less than a week after the area was

devastated by sunday's seven play-doh quake. facebook apologizing for the error that displayed balloons and confetti when the earthquake was talked about on this site. the animation triggered by the indignation word for congratulations, which has another meeting, which is to survive. a man with extremist muslim ties was arrested at a compounded new mexico to carry out school shootings. the lebanon urged children had easy access to loaded assault weapons. they have been rescued and they have been placed in foster care. police releasing their frightening confession tapes of the nearly 12 hour-long interrogation. >> talking about demons. >> it's another risk. the evil side.

>> how long has that voice been going on? >> years. >> what does this say? >> kurt, kill, destroy. lauren: he also said the voices told him to buy a gun. he's being held without bail on murder charges accused of killing 17 students and staff members. that is what is happening now. cheryl: got video is so disturbing. our top story today it's a bombshell announcement from tesla ceo elon musk about taking the company private. he admitted on twitter no less. shocking and investors in the attention of the securities exchange commission. art hogan is with us. good morning. >> good morning, cheryl. according to multiple choices including "the wall street journal" was the statement misleading to investors?

whitney of paperwork to back up if he has secured financing? would not be easy for the sec to find? >> typically that the way things are done. they are a little unorthodox so i think what the sec is looking at us three things. first and foremost i guess it is okay to disseminate material news on social media. so since that is okay, since this is a new format with a bright done with the messages. i've been thinking about having bacon for breakfast. taking tesla private at $420 is very specific. cheryl: he made the announcement during market hours to the upside. the same two at harvey pitt said on cavuto coast to coast on this exact timing of the announcement . >> announcements of this kind removed markets as we saw and

they are made either before the opening of the market or after the close. he did not do that. second, he personally can not secure a going private transaction. cheryl: what you make of that? >> it is right. it's certainly true historically. at the very least you contact the exchange and say let's hold trading for news news dissemination and i would be the traditional way to do this as opposed to coming out in dropping a bomb on the world from a guy who has treated in the past that a desolate short-sellers. this is an unorthodox ceo. he's really going out on a limb here. he's got then been secured. then they will. >> i think they will find out pretty quick. next march discredit

$920 million convertible bond -- $920 million in convertible bond. the conversion rate is for the stock price is 359. so the stock is below that. he's got a major problem. is this one of the reasons he's trying to go private next to the fact he can't stand the analyst community? >> before 20 rumor pushes it up against the conversion price. now it's got more equity that he could not flow into the private equity. all of that might be part of this grand illusion or great concept of getting out of the public eye in being able to run the business about having to talk to investors and analysts. i'm not sure exactly what the drivers are. i just know that this is a ceo would like to not have to answer questions and make a better world. unfortunately he started out in

a growth phase where he really needs access to capital markets burning the billion dollars a year. >> going public actually benefited had been shareholders in the company getting more cash. which they are burning through like crazy. great to have you on the topic. good to see you, sir. >> good to see you. train to coming up, a fire tornado. hot weather, gusty winds come in no rain in sight. that is bad news for this day fire fighters. janice dean has the full forecast just ahead. slight gains across the board. nasdaq up two. you are watching "fbn:am." ♪

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lauren: california isn't the only place with crazy fire activity. take a look at that. captured by firefighters in england calling it a fire nato. it is literally a whirlwind of flames when hot air meets cole the fires whipped into the sky. this one is defeated. no one was hurt believe it or not, the people living 26 miles away said they could see the thick black smoke in the sky. cheryl: that is incredible. back here at home, a heat wave continues today with no rain in sight out west. >> janice dean has the forecast for us. hey, janice. >> good morning, lauren and cheryl. current temperatures we have

across the northeast again. 74 in new york. although still going to hold onto those hot temperatures and humidity as we head into the weekend and potential for more rain in the forecast. ongoing throughout the day today and as we head into the weekend as well. not getting enough moisture into the west. just not in areas that we need to see it. heat advisories remained close for parts of the northwest, southern california where it remains hot and dry we are not getting those historic fires across the west. a little bit across the southwest but not enough for the rest of the west. coming up, almost certainly going to go up right here in new york city thanks to our mayor,

the democrat mayor, bill did lazio. taking a look at futures on your thirst day, slight kick off. dog and the s&p two and a quarter. you are watching "fbn:am." insurt won't replace the full value of your new car? you'd be better off throwing your money right into the harbor. i'm gonna regret that. with liberty mutual new car replacement we'll replace the full value of your car. ♪ liberty. liberty. liberty. liberty ♪ where we're changing withs? contemporary make-overs. then, use the ultimate power handshake, the upper hander with a double palm grab. who has the upper hand now? start winning today. book now at lq.com.

jardiance asked: when it comes to managing your type 2 diabetes, what matters to you? you got a1c, heart, diet, and exercise. slide 'em up or slide 'em down. so let's see. for most of you, it's lower a1c. but only a few of you are thinking about your heart. fact is, even though it helps to manage a1c, type 2 diabetes still increases your risk of a fatal heart attack or stroke. jardiance is the only type 2 diabetes pill with a lifesaving cardiovascular benefit for adults who have type 2 diabetes and heart disease, significantly reducing the risk of dying from a cardiovascular event and lowering a1c, along with diet and exercise. this really changes things. jardiance can cause serious side effects including dehydration. this may cause you to feel dizzy, faint, or lightheaded, or weak upon standing. ketoacidosis is a serious side effect that may be fatal. symptoms include nausea, vomiting, stomach pain, tiredness, and trouble breathing. stop taking jardiance and call your doctor right away

if you have symptoms of ketoacidosis or an allergic reaction. symptoms of an allergic reaction include rash, swelling, and difficulty breathing or swallowing. do not take jardiance if you are on dialysis or have severe kidney problems. other side effects are sudden kidney problems, genital yeast infections, increased bad cholesterol, and urinary tract infections, which may be serious. taking jardiance with a sulfonylurea or insulin may cause low blood sugar. tell your doctor about all the medicines you take and if you have any medical conditions. man: ask your doctor about jardiance and get to the heart of what matters. man: ask your doctor about jardiance i want some more what's he doin? but, he can't look at him! it's just not done! please sir. i want some more more? more? more? more? please sir he has asked for...

thank you what? well he did say please sir yes he did and, thank you yeah. and thank you he's a wonderful boy (laugh) a delightful boy (all boys): thank you, thank you, thank you. >> those facts had better be right or else he might have been guilty of committing fraud. cheryl: breaking news this morning. the securities exchange commission look into elon musk tweets i'm taking tesla private. did not mislead investors?

>> friday in an albertson's call their $24 billion merger plan ahead of a shareholder vote on the deal. >> the s&p 500 at a slightly late yesterday that the s&p and the not back just half a percent below the record close. >> how is your money doing this morning? dow futures up slightly. nasdaq and s&p futures the same. >> stocks opened lower after the u.s. had russia with financial sanctions that could affect european companies. right now all of those indexes are in the red. turning to asia chinese stocks rebound technology stocks. the shanghai composite of 2% and in hong kong the hang seng index up 1%. cheryl: in just a few hours, samsung will take the new galaxy note nine smartphone. we'll tell you about the new cool stuff that "fbn:am"

continues right now. almost 5:30 a.m. in new york. it is thursday, august 9th. good morning. i'm cheryl casone. lauren: good morning. i'm lauren simonetti. i hope the new samsung phones do not explode. train to catch on fire, et cetera come at better. that story in just a little bit. several days before we know the final results from a special election in ohio and the republican gubernatorial primary in kansas is also up in the air. getting a look at the trump effect on how the president is putting his stamp on the midterm campaign. lauren: fox news kristin fisher to explain it all. -do you believe you've this race? >> we are confident. the numbers are following our direction and we are going to win this race.

>> balderson ahead by 1700 votes, but about 8000 provisional votes still need to be counted. >> can you believe how close this is? we are in a tight ballgame. >> democrat danny o'connor being in the race this tight in a district known as one in 30 years in what sounded like a big hurry speech. >> you believe enough in the race depended that we had no chance even the men. you proved them wrong. >> it won't be enough to help democrats retake the house this november. they've come close in for their special elections and reliably red district but they've only won one. they are banking on a blue wave of anti-trump energy. many republicans say the president is the ultimate energizer. >> jubilee president trump support is the reason you won? >> president trump may also prove to be a difference maker

in kansas and michigan. >> the president really took a leading effort in getting the word out, helping us get the vote out. >> john james defeated independent florida republican primary in michigan. he now faces democrat incumbent debbie staten island the general and in kansas the state secretary of state chris kobach's great dad in the gubernatorial primary after an 11th hour endorsement from president trump. this raises also told too close to call. president trump as confident as long as i campaign within reason. they will win. cheryl: thank you so much. we want to stick with topic in bringing our political panel jesse james dataset that democratic strategists. good morning to both of you. you know, the donald trump effect certainly cut both ways. do you see a blue wave, a blue raindrop or is the president

treat, a red wave coming? >> we will know in 90 days obviously. in this case these near misses are great for some of the enthusiasm and showing the races that wouldn't be competitive for being powered by a lot of democratic enthusiasm. i do think democrats are ready for some wins. if we don't pick up seats before november. dems came close in four key races. alabama, georgia, montana, south carolina and maybe more to come. what does that say to you? >> you miss your target it doesn't miss a dose in half an inch off. that's why it's boiled down to is we always know in these elections that are two years after president has an election has historically been a loss for the sitting member in office and in this case we say republicans are though pulling it out.

historically usually whatever seat is in the dominant power losers. so we are doing well and a win is a win. it doesn't matter if it's by a thousand votes or one-vote, you won. right now it eight out of nine candidates have one that the president has endorsed. we look at ohio closely because we got a count of those absentee ballots. in fact it's coming out ahead is a positive motivating tool for us. >> when americans go to the polls the number one priority is often their personal financial situation. the president and i want to know your take on this, howard. is he being overly optimistic by saying we are going to see 5% gdp, 5% economic growth. do you think that's come back to bite him? >> i don't believe it's going to be a big factor in how most voters determine how well they're doing in the economy. most voters aren't looking that global measures or national measures of our economic to determine whether or not they do

well. obama taught us that lesson as well with the economists groomed not for everybody and did feel like it was the additional support for expansion in their lives felt disaffected by economic policy. there is some room to wiggle there for donald trump and obviously overconfidence not a word that he usually would refer to in his vocabulary. cheryl: we got tax cut now. most americans might feel that. >> i have to disagree with my opponent. 400,000 manufacturing jobs and tax cuts. at the end of the day of your paycheck is baker and mike is going better, people will go with the life enabling their families to have a better life in tax cuts have been powerful. president obama told us we would never get over 3% gdp. we have heard he risen about four. i expect the motivation this president has injected into the economy will be the driving factor that we may squeak out a win but we will win.

transfer to want to talk as we wrap this up about something the editorial board in "the wall street journal" said. they are calling it a national left turn, stay in the president's persona is trumpeting positive policy results among voters. what you make of that, howard in the knowledge to respond also, jesse. >> i don't know how much that will reflect itself in the voter turnout, but certainly the overriding factor of our politics. people who are republicans who are even happy with some of the results of president trump and what is happening from the white house, but not happy with the way he comports himself. i don't think that is to the benefit of democrats in 2016, but maybe two years then we would see some slide they are. obviously holding the white house isn't good for congressional politics as well. >> at the end of the day americans are concerned about what the president is saying.

they look at what the results are. when you have a strong economy, a strong market demand capability of bringing food to the table come and address tuple to the polls and though support this president. tranter was going to leave it there. thank you so much. trying to a vote to limit the number of ridesharing vehicles like lifton goober and new york city streets has been passed. lauren: tracee carrasco joins us with more on that another headlines this morning. >> in new york city council approved legislation become the first city to cap writing on services like goober and left. the city will freeze new vehicle licenses for one year while it studies for higher vehicle industries that this comes as a number of vehicles have drastically increased in the last few years adding to the congestion, decreasing the value of yellow taxi medallions. looper, lyft other services have

claimed they would drive up prices and limit the availability of cars. cheryl: well, that could thing of the new york city resident. lauren: samsung unveiling their new phone today. what do we think we know about it? >> a lot of sleep actually. then sun will announce the galaxy of nine although a lot of it has seemed to come out. there will be new improvements to the stylus, more battery life, fast to receive an upgraded camera. diamandis george the smartphone will have will have 512 gigabytes of built-in storage combined with 512 micro card so users will have a full terabyte of storage. that's a lot of storage. >> that's a lot of videos. >> i wonder how big the price tag will be. cheryl: exactly. amazon is hiring and it's a different kind of job. spin job.

>> you don't have to move to seattle with a new headquarters wherever that may be. amazon is looking to fill more than 200 virtual jobs that let you work from home. most of these are full-time positions available across the country and other places like the u.k., germany and costa rica. lots of different positions have been in cloud computing, software development to employer relations, business development. cities are available. lauren: tracey, thank you very much. cheryl: well, major changes are coming to the oscars. in a surprise that the board of governors would've to change the format of the awards ceremony by shortening the show to three hours in presenting some smaller awards during commercials. every new category introduced the most popular movie which will give big hollywood bought testers a chance to take home an oscar. the oscars received the lowest ratings ever back in march. they hope the new farmout will bring viewers back and maybe a

few fewer political speeches. >> coming up, everybody. the trump administration heading back up russia after the marriage even -- nerve agent attack. president trump predicting 5% economic growth. what would that mean for the stock market? would rates go through the roof? we will see. stock index futures are not through the roof, but they are higher. s&p up to come the nasdaq up eight days in a row. up six points. we will be right back. ♪ when it's too cold for camping, we go camping. when it's too hot to work, we work. too wet to keep going? nah. this is the gator xuv835. with game-changing heat and air and three-wide seating. it's never too anything for anything.

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nasdaq at eight this morning. saudi arabia telling asset managers to canadian asset is the diplomatic feud between the two countries escalates. canada's government criticizing saudi arabia's crackdown on human rights activists. saudi arabia called the comments interference in its domestic affairs. the u.s. is planning russia with sanctions over nerve agent attacks on the former question by and his daughter that was in the u.k. back in march. despite u.s. intelligence

concluded that russia was likely behind the attacks, russia has denied any involvement. president trump's attorney rudy giuliani calling for an end to the special counsel investigation. >> i've never been involved in an investigation on either side. that's more illegitimate than this one. if it is never timbre we have a very, very serious violation of the justice department rules. we offered an opportunity to do a form of questioning. you can say yes or no. transfer the legal team has responded to an interview request from special counsel robert mueller, that they are not sharing that responds publicly. tree into the story continues. that is for sure. predict teen gdp growth can top 5% in the next quarter. it applied they are making bets that the markets will have higher? good morning. >> good morning. cheryl: we see an amazing

movement in his bullish call options on the s&p in particular. traders making money but that we will continue to go higher. do you think part of that is the fact that president travis harper 1% in his predicting 5%? >> the question is that a one-time blip because of the tax cut or is it something sustainable? the longest bull market in history with outing 20% correction. we are in an environment where good news could mean bad news. they could force the fed to raise rates faster than expected. as we all know higher interest rates are not bad for stocks. tricky one of the things he said in the dinner was because he was of the trade deals. obviously is working to negotiate with china a different story. the best it's going to be on trade. what do you say?

>> it needs to be seen how that plays out. my eyes in terms of the trade wars are always china. does china capitulate to u.s. now taxed $50 billion worth of chinese goods. they've talked about $250 billion in his negotiating tactics, does that narrow the trade gap between the u.s. and china? that is what is looking to achieve because the gap is so wide. if he's able to do that, that should help us 5% number. cheryl: to your earlier point about gdp weather can have 5% or higher, critics will tell you the four-point 1% number came because of soybean farmers trying to get ahead of the tears because of the first-time effects of this tax cut that we caught at the end of 2017. do you think that is a truthful analysis of the number? >> i do think there's one-time effects impact in the gdp

number. 10 years post the crisis coming up this fall. the u.s. economy stuck in the mud for a while. gdp is served by two factors. population growth in productivity and population growth below 1% and that's not going to hold drive people into the country. you look up product david and perfect that he hasn't been all that great. i see this has been one time rather than sustainable. >> real quick, ppi expecting for .3% gain for the month of july. >> i'll wait to see what the numbers, but but when you look at any macro data, the one month doesn't make a forecast a trend. you have to look at what happened over a period of time. this'll be an interesting number. let's see what happens if tariffs are playing into the picture. >> the inflation story of the fed watching.

thank you very much. lauren: are you guys ready for some golf? right now, all of the top players are gathering in this pga championship. we will tell you who has the best odds of winning. the white sox pretty routine, what happened to one of the empires was anything but. what is going on here? we have a five-point gain for the dow and nasdaq futures this morning. you are watching the "fbn:am." stay close. the employee of the year, anna. [music playing]

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lauren: landmark change is coming to college basketball. cheryl: landmark, that's a big word. >> a big move for college basketball and will extend football. but this is the beginning. stepping into modern times and setting parameters that greatly reduce future sanctions. a major fbi investigation uncovered corruption between coaches, agents, apparel makers in such good ncaa announces major changes going forward. college players and elite high school players may have relationships with agents who can spend money for family meals and tribalism and that is earned before. players will declare for the nba draft but if they don't get drafted they can go back to school. players under a scholarship to leave school early would have 10 years to return to their full scholarship in school. books, meals and coaches will have access to high school players like never before.

the pga championship tees off in st. louis. moves to the month of may. the tiger woods win this event? sure. but it's not among the favorite. tiger to win his 15th major. dustin johnson leads him into one word mcelroy, jason bay and brooks koepka. yesterday a long drive contest to donate $25,000 to a charity of his choice. he gave the money to jeremiah died yesterday at age 36 after a two decade long battle with leukemia. >> i just thought it would be the right thing. they need that more than anything right now. >> go fund being set up in the goal is 200 k. tommy fleetwood earned over $154,000 at the british open.

the money transferred to the account, but the wrong tommy fleetwood. a golf pro in florida. he used to play on the european tour and that's how it all got mixed up. here's something you don't see every night. at the game against the chicago white sox, and major-league baseball umpire had something in his ear. new york yankees trainer went to look at boost recommended get a closer look. what is that? it's a moth. he thought he just clothes you haven't seen in a long time flying towards the light. maybe satellite in his ear. i've never seen that before. >> a player the other day with the bug on his back during the anthem. came back for more.

lauren: sports on fox news headlines sirius xm channel 115. cheryl: is a lot more coming up. u.s. sanctions on russia. we are going to london for reactions straight ahead. ♪ ♪ ♪ build and run apps anywhere you like, while keeping your competitors at bay. the ibm cloud. the cloud for smarter business. the ibm cloud. people join walk ms to raise awareness, and funds that change the world

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lauren: european stocks under pressure this morning after the u.s. sanctions on russia following the nerve agent attack on a former russian spy and his daughter in the u.k. managing director t.j. in europe joins us now. good morning, scott. what do you think? a trade spat with china are russian sanctions unit that being particular. >> number one, that time a year. number two, all the major industries. that's another trader saying. we have given the market anything really to take it higher. i don't want to blame that on russia. if anything your right. the chinese tears might be an issue comes at the end of the day we have a slow news day and a big move in the russian ruble and some other industries in russia haven't been the big-name

driver for being a little lower. train to london trading while i'm not. we will watch that for sure. ambassador in the u.s., looking into tesla after elon musk tweeted about the company going private. what is your take on the fact the sec is now looking into this? >> number one i think they should. number two, i'm an investor. i'm not a gambler. what happens in issues like this as it turns the whole thing into a binary outcome, either up or down, yes or no, black or white. whatever the outcome may be is really dangerous. what he did should be investigated and while that's happening come you can't really play the stock because it's going to be a binary outcome. that is what makes these things do things like that.

>> you think he intended to be in the hot water that you might actually be in? >> is part of the law, but not something he's able to rely on this time around. other rumors out there and sure you've heard them all. not good to put your company in a position like this by being ignorant about what the rules may or may not be. traded to be nursing a big move in the u.s. especially the futures market, call option in particular the s&p. it seems that traders on the side of the pond are looking for a higher market for the rest of the year. would you make of that but that is all that's happening in the market this morning. >> we've had a few downdraft days, but in the news world where we had earnings, some of that has been bolstering folks.

that looks to be the case going forward. it's on his earning is good that you do that they're doing. >> thank you for watching "fbn:am." now over to maria. >> good morning to you. happy thursday in thank you so much for joining us. thursday, august 9th. top stories right now 6:00 a.m. on the east coast. the securities and exchange commission now officially investigating whether it be on musk was truthful with his treat about taking the company private. the stock is down better than 1% right now. futures little changed this morning. dow industrials, and the nasdaq up by a fraction this morning after a mixed performance on wall street docs. the nasdaq was a top performer up four points at the close. dow industrial is in 25 points of the close yesterday. markets are at it lower. dax higher by five poi