of this report. charles: sir, thank you very much. it remains to be seen if they hold on to the impeachment dream s. in the meantime, the dow is off 97 points its gotten better. liz i'll tell you what the s&p and nasdac are really ahead of steam going into the last hour of trading. liz: liz, exactly. bingo. i can tell you i was just tweet ing that at liz claman because i was just tweeting you could see two record closes right here in this final hour of trade. thanks, charles. earnings shockwaves are rippling through the dow at least though as we head into the final hour of trade, but it's the beltway that's the epicenter of multiple legal earth quakes sending tremors coast to coast and right through the market's biggest names. the house of representatives, the scene of fire and fury, special counsel robert mueller still being put through the congressional ringer at this hour and the hearing has now extended nearly six hours. political shots flying from both sides of the aisle, we're going to take you live to capitol hill for what's being said in the

hallways, by politicians, about what's going on. this, as silicon valley is reeling from, well, proverbial aftershocks as the doj's blockbuster announcement that charlie gasparino broke right here on the clay monday clay man countdown, they have taken aim at the massive goliath at everything from tim cook's empire to search google and the social network. venture capitalist guru and facebook shareholder is here and the moves he is making right now with those shares, ahead of this regulatory pile-on. and charlie gasparino is working the phones. the new exclusive information he's learning, as sprint and t-mobile shares soar ahead of the earnings anticipated call on the $26 billion telecom matchup. the tech-heavy nasdac absorbing new anti-trust blows in record fashion literally fighting the doj's wall of worry of brand new

highs look at this. we need to be up even just a tiny bit here, eight points. we're up 51 to get a record but the dow as you see is really getting smacked down on earnings disappointment out of investor giants boeing and caterpillar. the dow is down 103 points as we head into this final hour of trade but there's so much going on let's start with the braining news. we have brand new british prime minister boris john on already at this hour shaking up his cabinet. headlines have been pouring in all day long with details of exactly whose in and whose out and whose choosing to stay. the new appointments include secretaries for trade, finance, and defense, but steven barclay is apparently staying on-the-job , as brexit minister. this, as boris johnson has exactly 99 days t renegotiate and ratify the so-called withdrawal agreement that the european union has stedfastly refused to rework. they put fourth very tough parameters and the uk was trying

to work around those and trying to get them massaged and the eu said no, this is the deal. take it or leave it meanwhile caterpillar the biggest dragon the dow, the trade-sensitive stock earnings were hit by weak sales in china. you have to understand that caterpillar is very much a proxy for trade-sensitive stocks specifically with exposure to china. it is china that caterpillar cited along with higher production and restructuring costs that could deal with tariffs of course but we can't ignore boeing. boeing and caterpillar are shav ing off more than 100 points from the dow which is down just 102 but the s&p is shaking all of that off it is very close to a record right now. in fact it is a record, am i correct now? we just need to see a gain of 8.8, so 8 points and 8/10 of another point to close at a record, the nasdac is hitting an intra-day high and on pace for a record close that would be the ninth of 2019 so the number to watch for the nasdac is 8258

we're at 8,304 i call that kind of a wide margin there so we're pretty much there at the moment. catapulting the nasdac today, the chipmakers, particularly, texas instruments which is the top gainer on the semiconductor index and it hit a record high and its got all of the biggest names in the basket, so you get a sense right here how well these are all doing we're up 3% from the phlx stocks, and the chipmaker hinted a global slow down in microchip demand would not be as long or extended as investors fear. let us move from semiconductor chips to real chips, right? tortilla chips with a fresh, all-time high for chipotle, the company is staging a comeback after e-coli outbreaks back in 2015, really dented the brand but that appears from now to be in the rear view mirror. chipotle mexican group shares up

4 2/3% look at this 10-year chart. we're at an all-time hyatt this very moment so chipotle reported its highest quarterly revenue since that 2015 incident, and also provided an up-beat sales forecast for the full year. i'm sure he's thrilled with a big stake in this company. happening right now, we do have special counsel robert mueller testifying before the house intelligence committee, robert mueller's time is almost over for the day, but the political shouting may have only just begun. the former special counsel completed more than five and a half hours of testimony so far, all focused on his report into accusations of russian interference in the 2016 election against the accusations against donald trump 's presidential campaign. mueller is sticking mostly to the script, as promised, referring constantly, it's so heavy, 448-page report that he and his team assembled over the course of that two-year-plus

investigation. some members of the house intel and house judiciary committees using today's testimony. what a surprise, as a chance to grandstand just before leaving for summer break. to edward lawrence whose headed to the ground or at least the floors of the hallways on capitol hill what's the word? what are you hearing? reporter: it depends on who you ask as to how this is going the democrats are really focused on that volume ii and democrats are trying to get special counsel robert mueller to say that the president obstructed justice and mueller would only say the facts in the report are accurate but he would not agree with democrat s when he tried to make a conclusion based on those fact s and again it depends on who you ask as to how this is going. >> it's interesting that the white house has tried to put a m uffle, something over his mouth , to keep him from saying certain things, but i think he is doing a phenomenal job. >> detective mueller wouldn't

ask any questions about the dossier, all the things that started this, that we've been through as a country so bill barr's investigation is the most important thing right now. reporter: republicans took exception with the fact that mueller spent two years looking into facts of obstruction of justice without any intention of coming to a conclusion, or even indicting the president. now republican senators are watching this and shaking their heads. >> robert mueller has served this country well and it is the american people's last memory. reporter: democratic senator mark warner says that he's watching this closely. he says the intelligence committee this week is going to release recommendations on how to protect the elections going forward. it's the heart of the report there, liz. liz: edward thank you very much. edward lawrence live from capitol hill. edward will interrupt if anything more happens that you need to know. in the meantime, we know that

you, the investor, and traders out there, are watching the federal reserve, right? the central bank here in the united states, but in less than 18 hours from now, the central bank, in the european union, the ecb, will know what action it's willing to take to prop up the eurozone economy. yes, we will find out tomorrow what's going to happen with their interest rates. right now markets are pricing in a 50/50 chance that the ecb will cut it's key interest rate by 10 basis points. news will be up tomorrow morning while fully pricing in the cut by september. 100% by september. this as investors here at home brace for yes, jay powell, our central banker and his company of fomc members to make their next move, exactly one week from today. central bankers around the world getting ready to fill up the stimulus punch bowl this year, to help those global growth but deutsche bank says their moves will not juice stocks.

that much more. here are traders, speaking the punch bowl? what will it do for the markets and i tend to maybe slightly agree with deutsche on this one that if we get that 25 basis point cut, it's so baked in that people might say so on the news. >> liz i totally agree and regardless of what happens, i think it's a negative mid-term for the market. 25 is what the markets want. 25 is most likely what the markets are going to get. like you said that is pretty much priced in at this point. if they go, if they happen to extend out to a 50 basis point cut, we've talked about this before, i say watch out, because i believe then that your going to see the retail investor and you're going to see institutional investors really take a step back and say what is going on here? what is wrong, right? and we're going to see in my guess a 3-5% drop. now when that announcement comes out next week to me it's going to be like the show where the

duck comes down and it's either going to say 25 or 50 and that's what everybody is waiting for. liz: [laughter] yeah oh, the marks brothers. well, i'm not sure that anybody would like that comparison except the fomc, but i think, scott bauer, that we're looking at something that tends to be really still a question mark so to tim anderson at the new york stock exchange, you know, do you feel that deutsche bank could be right, that this market in its ten-plus years of a bull run aren't necessarily running out of steam but may just coast versus spike? >> well, i think that we still have room to move higher. now clearly, the market has rallied over the last three to four weeks, and on the very strong messaging by the feds that they will be cutting in late july, which obviously is next week, and clearly, the market will be looking for more guidance as to how much more easing they may do before the

end of the year. people are talking about potentially a cut in september and if not in september, then in december, but i would also add, it's very important that when they cut rates next week, we get an announcement from them, that they will also be curtailing their balance sheet reduction program which currently is scheduled to go on through september, because it would really make no sense for them to be easing by lowering rates 25 basis points and continuing to tighten a little bit by having the balance sheet run off. liz: two things to watch balance sheet and interest rates we will be all over it one week from today, and every minute leading up to it. thank you very much, good to see you. breakfast is getting a lot less needy with the closing bell ring ing in 49 minutes, oh, yeah, dunkin''s there, the meat less trend taking over the breakfast menu we've got our hands-on this dunkin' launched a meatless sausage sandwich today

yes it's made with vegan sausage , cheese, and yeah, what is that an english muffin of some sort? these are now in manhattan stores, $4.29 thank you to nick, our intern for pulling up this one because there was a run on these thins today and as we look we see just last month canadian based tim horton has three breakfast sandwiches being added to the menu at all 4,000 of its canadian locations but dunkin' is getting a pop on all of this also about 1 1/3% and the restaurant brands, the parent of tim horton up half a percent and can you guys put that back? beyond meat at moment there it is, up another 3 2/3% to $202.81 a share. it's still going up, and former fbi director robert mueller

still delivering testimony to the house intelligence committee on capitol hill. he just defended his decision to not exercise subpoena powers against president trump in order to expedite the end of the investigation. next, the countdown speaks to our expert's legal panel. these are great legal minds and who know the ins and outs of the system from both the prosecution and constitutional angle. what was mueller's logic and where do we go from here. the "countdown" is coming right back, the dow still down about 103 but the s&p on a record. ♪ can i get some help. watch his head. ♪

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liz: in case you missed it which is highly unlikely because it's everywhere former special counsel robert mueller was repeatedly asked today at the house hearings two separate questions. what did the trump campaign betrayed american values and then again and again he was asked whether his massive 448 page report exonerated donald trump of obstructing mueller's investigation into russian interference during the 2016 presidential election. that is a live picture. it is continuing. we are monitoring it but let's also monitor the dow jones industrial both before and through all of this. you can see that the blue chips

immediately went down and stayed that way through the mueller hearings but remember, you've got to take into account caterpillar and boeing numbers and all that came out with that, so, with about 43 minutes to go before the final hour of trade, the dow is still down about 108, around at the same level its been for the past about two hours. mueller's work may almost be done but many in congress say there's is "just beginning." what happens next? let's bring in a constitutional law expert who is the former florida deputy attorney general oversaw more than 400 attorneys making arguments all the way up to the supreme court along with dan alonso, former u.s. district attorney for the eastern district of new york who successfully prosecuted the wall street case involving fraud and stock market manipulation. dan, to you first. what did you learn, if anything, from today's house judiciary and intelligence committee hearings that you and maybe our viewers did not already know? >> well, to answer your specific question we didn't learn very much factually, right

mueller stayed within "the four" corners of the report. what we really learned is how is this going to play in more of an audio visual way. you had basically, i thought today was politics versus the professional prosecutor. you had members of congress, many of them, essentially yell ing at the special counsel, attacking his report, making statements, asking what lawyers call compound questions which is asking five or six questions at once, not waiting for the answer it was really political theatre, so the real question is did the democrats score the points that they wanted to score with the director's answers. liz: and your answer to that is? >> in a few key areas for sure. it was not a witch hunt. he did not make a finding of no obstruction no collusion. there were very bad actors in the russian campaign, in the russian government, the trump campaign was happy to take care help even if he didn't find enough evidence to find a conspiracy so there were points scored but i think they were done in a relatively flat way

because it's a professional prosecutor doing something very unfamiliar. liz: george, give us a sense of what you thought on that level. you were also a senator, republican senator from the state of florida. tell us what you thought. >> liz, i thought that it wasn't robert mueller's best day i didn't think he had a command ing performance. it seemed to me that a lot of the facts in the report were not facts that were easily available to him. i think the president had a good day. i don't think that anything came out that we didn't know already, and what i think democrats are hoping to do is either try to find grounds to impeach the president there were no bombshells today on that score, or set this table for a future president to prosecute president trump after he left office and there were specific questions about that because we have the office of legal counsel opinion that says that a sitting president can't be indicted for a crime and there was some questions by the democrats so i think the interesting takeaway from this is whether if

president trump were not to win the next election and you already get a liberal president office of the liberal attorney general, they use this mueller report to go as a template to go after the president after he left office. liz: jerry nadler who was running one of the hearings went on to make this particular question and it goes back to the original point of whether or not there was obstruction. let's listen to how he put it and then we can comment. >> the president has repeatedly claimed that your report found there was no obstruction and that it completely and totally exonerated him, but that is not what your report said, is it? >> correct that is not what the report said. liz: dan, how do you view that? again one thing that mueller did do was pretty much stick to that 448 page report which is what he promised he would do, but that was in there. >> well again it shouldn't be that controversial. that's what the report said. we've known this for three months. he made a bunch of findings of

obstructive conduct and he declined to make a judgment. that's all. now we have it on video. that's the big difference so we've known this for a while so i don't think this broke any new ground but it is a pretty important thing to have mr. mueller under other on the little. liz: george, did anything you heard today foreshadow what could be futures by politicians or anyone else to alter the constitution as we know it? >> well i didn't hear anything today, liz, about trying to alter the constitution. the impeachment power is a specific constitutional right of the legislative branch. the house impeaches, the senate would conduct. use don't think this congress under speaker pelosi is going to seek to impeach the president. if the democrats were to win the white house perhaps they go after president trump as a former president, through the legal process and if president trump wins, and you still have a democratic house or perhaps a democratic senate, then you could see congress try to go after impeachment but i think that would be very difficult after the american people have

spoken and re-elected the president. liz: dan, george, great perspective here from legal minds thank you so much for being here both of you. a new threat is emerging for boeing. with the closing bell ringing in about 37 minutes, there it is, right next to caterpillar at the bottom of the dow 30. it is accelerating its losses in the final hour down $12.82 at the moment and the airplane manufacturer one of the biggest drags, after posting its largest quarterly loss in its 103-year long history. the loss 3 billion all due to the 737 max jet grounding, so perhaps more shocking was what boeing ceo revealed on the conference call. jeff flock on why the stock had a spasm and where boeing goes next, and snap is back for the moment. the disappearing messages app soaring to its highest level in more than a year after reporting its strongest user growth of a public company jumping 7% from the last quarter.

the stock jumping 17% right now. plus can the latest order to create a new oversight and privacy committee save face for mark zuckerberg and facebook investors? coming up, one shareholder on whether he'll stick by mark zuckerberg and the troubled social media giant. the nasdac right now up 61 an all-time record. prevagen is the number one pharmacist recommended memory support brand. you can find it in the vitamin aisle in stores everywhere. prevagen. healthier brain. better life.

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>> there have been some delays as we looked very deeply into this, we have discovered some anomalies and then we have directed them to mitigate those anomalies and we are sure those issues have been mitigated. liz: federal aviation administrator acting daniel el well on the countdown last week indicating the boeing 737 max jet would be staying on the ground for now, and today, it

seems, for now, might be longer than thought. ceo revealed that the aerospace giant may very well have to suspend new production of the jet if the delays on fixing the current fleet continue to linger boeing is still working on repairing a software glitch that's believed to be the cause of two fatal crashes which killed 346 people. boeing's already lower by about a percent and the company's dismal quarterly report came in but on the ceo's comments shares hit major turbulence and are now down three and a third percent at the moment. jeff flock is in boeing's hometown of chicago. what now? reporter: the numbers were awful , liz but the stock didn't move very much as you point out and then, the ceo came out and here is what he said essentially he said that if we stay on schedule, in other words we get back into the air, early q1, we will go from 42 planes that we're making right now to 57 a month, and everything will be hu

nky dory. the problem is though what if that doesn't happen? here is what he said to that and here is what moved markets. >> our current best estimate is that we return to service early in the fourth quarter, and as long as we remain solid on that assumption, we believe we can maintain our current 42 per month production rate and now if that estimate of return to service substantially changes then we have to consider an alternative. reporter: and for the first time , liz, he said what the alternative would be, which would be to shut that production line down. they can't just keep making planes. they're running out of places to put those planes. it's a beautiful shot of the plane in the air but they are now littering the parking lot and i talked about the terrible numbers. you'd think that would have brought the stock tremendously down. look at the earnings loss. second quarter a year ago they made 373 a share. they thought they were going to cut that in half. instead, they lost $5.21 a share

the rev into you was a miss also and they made $24 billion, q2 last year, they thought they would make 18 billion this year it's instead 15.8 billion, and liz, the bottom line on this is the unknown. i mean, it's just a scary thing and of course, we got another big earnings report coming up here within i think 45 minutes. i just got off the call with the folks at ford, and we're going to have those earnings at about 4:15 and we'll have that with our friends of connell and melissa next hour. liz: ford and tesla, how about that together, good to see you jeff, thank you so very much. we've got another update on the interview we did here on the countdown this past monday with youtube star logan paul. some of you loved it some of you hated it. i know that. it went viral and to date its been picked up by media outlets around the world. logan paul, that term began

trending on twitter after our interview in which we focused on the battle between google and youtube and facebook and what's driving his $15 million income from appearing on youtube, but after the show, logan stopped by my everyone talks to liz podcast and we got a totally different side of him, while he was ever the wild and crazy, yes, on your screen, in my podcast now live on all podcast platforms he shares a rather personal inspir ing business and personal story of coming from humble beginnings. why he left college, even tow he had a 4.0 gpa in engineering, how he built a video and clothing empire with 60 million followers across all social media platforms, and the one sport he says he will never try again, and the reason. it was interesting, and here is the question i asked that actually filled his eyes with tears, and not because of his pink eye which he revealed on this set which i know a lot of you really loved at that moment

but go ahead download everyone talks to liz on apple and google podcast and of course fox news podcast.com. don't forget to rate and subscribe and let me know what you think and check out the other episodes. my conversation with the reality dance mom abbey lee miller is getting tons of downloads so i'd love to hear from you. let me know what you think. tech's most controversial leader s now in the bullseye of both regulatory gun shrinkers and investors with the closing bell ringing in 27 minutes and yes the nasdac and the s&p in record territory, facebook zuckerberg on the compliance hot seat one of the most powerful members at the administration taking aim at the retail machine amazon and wall street bears sharping their clues ahead of elon musk's quarterly results for tesla. what must their shareholders think and next the venture capitalist is here, but he's still standing behind and the be

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liz: all right market alert, right now, look at the s&p 500, this is a new all-time record intraday high. we just saw the s&p tic above 3,017. right now at 3,016.91, that is history, folks, so put that one in the book and we'll see what happens in the next 22 minutes. all right if you thought big names in tech were under fire before you ain't seen nothing yet. after the bell yesterday just as charlie charlie gasparino predicted here the department of justice doused silicon valley's

most valuable names in regulatory gasoline and could be on its way to lighting a costly anti-trust match. regulators officially announced they will launch a sweeping investigation into the likes of facebook, google, and amazon. the probe will look into whether the giants have hurt competition , suppressed innovation or harmed consumers in some way. the ftc made it official today at least with facebook it slap ped the company with a record $5 billion fine in the cambridge analytica scandal in the deal that holds facebook ceo mark zuckerberg personally liable for any future privacy violations. the last time big tech investor was with us he owned shares in all three of the names and 13 co -founder and partner, former goldman sachs guy joins us at a fox business exclusive. i want to talk about facebook but first reveal to our viewers which one of the three you do not own any more. >> thanks for having me, liz. i know longer own amazon. liz: no longer own amazon you sold those shares we'll get to

why but first to pace book. tell me what you thought of this fine. $5 billion. you know, it was interesting to see when you have to come out and announce it the gentleman who was in charge said that the $5 billion fine equals 9% of revenue. now facebook is about 50 billion in revenue. was that enough? i heard people say it was a slap on the wrist and others say well that'll cause a mark. >> yeah i'm in the camp of the latter that it causes a mark. 9% of revenues for most people is the difference between growth for the year and no growth. obviously facebook has had robust growth, but trust me, it got their attention, but i wouldn't be surprised if there is one, it is much much bigger. liz: did it serve as an important deterrent in any way, shape, or form? >> i think it did. i think it is one of the biggest fines ever given despite the fact they do have 50 billion of revenue and the fact that mark zuckerberg is personally accountable, i think, is the

right thing. i've been an enter prier our, i'm leader of a company, to those whom much is given much is expected and mark zuckerberg knows the stakes personally. liz: you know, this is true. he's supposed to be held accountable but for those of us old enough to remember sarbanes-oxley which came in the wake of the dot com implosion that was the regulation that said the chief financial officer and the ceo absolutely had to sign off on earnings reports to make sure that everything was aboveboard. is nobody putting any teeth in these rules at all? >> yeah, i think i was actually working on wall street myself at goldman sachs when sarbanes-oxley came out so i remember it well and at the end of the day the honest truth is it's harder to police and i think from facebook's point of view, this is "the situation" they're in where they just need no negative surprises and really triple and double down on protecting user's privacy.

liz: you were approximately $250,000 worth of facebook stock , 125 a share, you bought it at. tell us whether you have any intention of selling in the future, it's at 204 right now. >> yeah, i don't. i've been on the show before and i've usually been wrong right in the moment with my prediction but right over slightly a longer period of time between the earnings reports. i'm not, as i said i think if they can have no negative surprises, have the privacy issues behind them. the core business still has a lot of robust growth. i think the blue logo as they call it is certainly slowing down, but i think the stat is something like 85% of people still use something in the facebook family of products and that is just staggering and they still haven't started to monetize things like what's app really. liz: let's get to amazon really and why you sold it and by the way i'm sure you heard you had santa monica steven mnuchin making comments about issues,

the treasury secretary saying in an interview on cnbc that the amazon company has "destroyed the retail industry." did you sell it for that reason? i put don't particularly believe that perspective but why did you get rid of your shares? >> yeah, first off to address what mnuchin said, i think unfortunately, it's a little bit of a push and pull, meaning you give the people what the people want, people want more convenience. they wanted amazon or something like it. so my choice is to sell the stock purely was i'd held it quite a while. it had been very good to me. do i think it will have quite as robust growth going forward, i'm not so sure but i just thought the money was better used elsewhere but i'm still pretty bullish on amazon overall. liz: tesla, got to get to that. coming up with earnings after the bell so we're about 17 minutes away from the closing bell. you have to tell me what you think elon musk will say whether this is a stock to really go all in on and hold on to.

>> if you want a short seller, it is not i. i've been a owner of tesla the car and the stock since very shortly after the ipo, so its treated me well. it all comes down to basic fundamentals. the gm i'm really interested to see starting to behave like a traditional car company and doing discounting so i'll be curious to see where that nets out but i do think there is a lot of interesting and promising news there. i think elon musk is one of the rare people where his neural link kind of brain company, he seems to thrive as new things to capture his attention, unlike most people so i don't worry about his focus and i think that series i believe is the name of the chinese competitor that's was in the u.s. that just recent ly announced they are going to stop. i think it's a positive sign to show that someone came in well funded including to get off the ground between the u.s. consumer and tesla's strong hold on the market. liz: courtney good to see you thank you very much. i like hearing about people who

own the stock and what they're doing with it that's you. thanks so much and stay with us after the bell for live up to the minute results, from facebook, ford, and tesla. tesla is a bigger market cap than ford now, yes indeed starting 4:00 p.m. eastern here on the fox business network, s&p is up 12, again it's a record. hey! i'm bill slowsky jr.,

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liz: well it's down longer than the derek jeter by the marlins story ever did but when charlie gets a hold of a story he's like a dog with a bone. he wrestled it and he jumps all over it. the official department of justice defission on that t-mobile sprint mega merger is expected tomorrow but details on the deal could start trickling

out after the bell today, charlie. charlie: yes but what we understand from sources close to the matter is doj is set to release a media advisory. we understand it's coming after the bell today and that media advisory will basically say tune in tomorrow here are the details here is what's going to happen and the doj is going to make some official announcement tomorrow and it'll be interesting if malcolm gives a press conference and he's obviously proud of this deal. it serves two masters in the sense right? the trump adminitration wants this deal to go through because they think a combined t-mobile/ sprint is good for 5g and wireless and it's going to be very good for foreign, to have u.s. companies compete against foreign operators in that 5g realm which is supposed to produce millions of jobs, big time economic growth and have a national security implication because 5g can be used for spying so we want our own people running it so that's one master. the other master was he had to make sure this thing was sort of

sealed up from an anti-trust standpoint so you're getting another wireless carrier out of it, t member l and sprint have have agreed and they agreed to sell it to charlie ergen of dish and there are conditions dish just can't resell it in three years apparently he's going to hold on and build something they are worried he will sell to comcast or charter which is actually better competitors than dish would be to this new company, so they got some guarantees there. it'll be interesting if they do have to reprice the deal. obviously you got $5 billion in assets or so that's being sold that comes out of the deal, so it's got to be summary pricing, we'll see what that is and then there's that announcement, there's the announcement of the sort of economic ramifications, the anti-trust ram any indications so tomorrow is a big day for this deal. we should point out that a couple interesting sidelines here, and the state ag still

opposed the deal from what i understand, but as of now they are still in opposition with a lawsuit going and other telecom companies are complaining about the merger. some telecom companies are telling fox business that they feel they have kind of a frozen out by doj and to make a better bid maybe. liz: oh. they wanted to jump into the bid charlie: now i could just tell you that i think i know the doj 's rationale. charlie ergan is sitting on spectrum and he already has the framework so that's probably -- liz: yeah, that stock is kind of at session lows right now. >> then the doj has been very active lately. yesterday i want to point out -- liz: oh, here comes the victory lap, everyone. charlie: yes! listen i wish i could take the victory lap. my producer deserves the victory lap. liz: bravo lid it lidia. charlie: lidia gave me the tip that people are expecting something to come down in terms

of doj with a broad crackdown about 20 minutes later, it happened. i didn't know it was going to come out that day, but i didn't report that anyway, but -- liz: and that's the administration side. charlie: oh, yeah. liz: we have elizabeth warren the senator from massachusetts tweeting minutes ago, here it is folks. we already knew that the federal trade commissions $5 billion settlement with facebook is a drop in the bucket penalty. the fine print proves that it's a joke. charlie: see now that's one thing. remember the government is now taking another step to do some sort of broader crackdown on tech and what we were kind of hearing is that listen they are going to say they will create some mechanism where people can complain to the government if they believe that these google and these facebooks and being anti-competitive and squeezing them out of the marketplace, so i have to say this. this is real key. you can report this after the fact all you want and i notice

every network doing that. the fact that we gave you that first means that if you wanted to trade that stock you could trade that stock before and with the that information and you got to thank lidia for that. liz: charlie we thank you and lidia. thank you very much. i kind of miss the marlins derek jeter story. [laughter] charlie: i'm friends with his banker. liz: "countdown" is coming right back the dow is down 83, s&p hit a record. - did you know that americans that bought gold in 2005

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slumming sales should not scare you off. market guru linda is joining us right now with her love of the sector. linda, we got new home sales, quite a rebound for the month of june. existing home sales surprised to the downside. that was not exciting. why are you positive on the sector while you have divergence of data? >> single family homes with the reit sector. the reits benefit from lower interest rates and defensive. that particular industry is benefiting from lack of supply, from a single home perspective versus multifamily home, that is seeing oversupply areas. you have millenials are starting to form households, the oldest is now 38, 39 years old. they're starting to form households, want to move in better home districts, better

school districts. thirdly, it is about affordability. these reit companies can bring those millenials and new families into good communities with reasonable rents versus buying into those community which is going to be very expensive. liz: so the names you like are these data center reits specifically enat this time vision homes. you like cyrus one and deer and company. i assume that is play on more building out. tell us what you think about the market overall? records for the s&p and nasdaq, about 45 seconds away from the closing bell. >> absolutely we're cautious on the overall economic environment. we see the consumer 70% of the u.s. economy is doing well. gainfully employed, getting wayne increases. house prices are higher of the we don't see a recession in sight. maybe a little bit more frothy in the market, i think earnings are going to help carry us

through over the next couple weeks. longer term i think consumer will help us. [closing bell rings] liz: federated investor senior portfolio manager, thank you so much for your perspective. folks, that's a record. s&p and nasdaq closing at record highs. earnings for ford, tesla. and more. connell: a lot to do here. record-setting day on wall street. as we wait for some of those numbers, one of the biggest names in technology. facebook will report second-quarter earnings any moment right now. we'll bring you those results of course as soon as we get them. plus a lot of other things, what promises to be a very busy hour. i'm condition nell mcshane. lauren: i'm lauren simonetti i'm in for melissa francis. this is "after the bell." we're waiting results from tesla and ford. let's show you the dow ending the day down 79 points