here is the answer. 7500. yes indeed. that is the correct answer. 2500 are grown in the united states. but the only apple which is native to north america is, the crab apple. now you know. market check, do you is up about 134 points. nasdaq just pointing south a tiny little bit. neil cavuto. my time's up. it is yours. neil: how many types of prime rib are there? just curious. you have a very healthy-minded staff. they didn't look into that, did they? stuart: end cut or not end cut i guess. neil: exactly, there we go. stuart, thank you very, very much. we're following a lot of developments as you look at the corner of wall and broad where the markets are racing. as expected we did get confirmation a while ago, the trump organization and the ceo alan weiss berg will be charged

tomorrow "the wall street journal" reporting that over issues that seem undane but nevertheless on taxes fringe benefits, taxes evading them. in the case of mr. weisberg they were getting him very hard to spill the beans on his own boss. they would not. we understand the charges will not involve former president trump himself in the aggregate, the organization. as the cfo of mr. wiseel before. rg. this argument from "the wall street journal," that the defendants will appear in court tomorrow afternoon. the organization, mr. wise he will berg will have representatives. that they could show the trump organization and quoting, its executives systematically avoided paying taxes. they could file more serious charges alleging a scheme. a lot of lawyers telling me when i called about this, that is a leap and very hard thing to

prove. mr. trump for example his part, this is being conducted by offices led by democrats. it is all politically motivated. part of an ongoing witch-hunt. he said in a statement these latest charges are the kind of things are standard practice throughout the u.s. business community. there you have it. we don't know much more than that. this is suppodo n rr aonin t for f f fder presesesel that toet n ap to t cas ce. we'l ke'lke e en it f itou wewe tiepa gasno g ou o af a th ces c to tighehe verer t dhe d fmedent p p wi b b at t atheorr, hee lepede wngrifrifri tre ts ng t thathathausus anusn oiidoicece t factfafath matatresidentsi will be athehe border,de withhh vernorbbott at atber of co n d women,aying at thiprt is i iorg what isg the t,he the donalddorumpughugh out out outf

officefi wil w for the sake of our country will never forget about what is happening there. in the meantime we have a number of economic developments to tell you about are buoying the market as we wrap up this quarter and this half year on a torrid note here. already, things stand now eggs, we have the dow appreciating about 12%. the nasdaq up about 12%. s&p 500 that is close to a 14% year-to-date gain. in other words for the first half of the year. usually, if you perform well in the first half of the year not all the time, but usually you finish the year on an up note, maybe add to that. not all the time. we'll go into the historical nature of that. jackie dedeon the latest data that propelled this increased buy. >> neil as you point out this could be increase for the markets. it's a strong economy before the pandemic and now this recovery boom. look at how the markets

performed for the quarter. green, that is not the right board. it was green across the board. that is what it shut read. same for first half of the year as well. you get the picture, we have the bull market, everybody wants to know if it will continue. you talk about the data. that will be important as we move forward to show investors the fundamentals are there. look at this, the adp report, ahead of the big jobs report on friday, adp said the private sector added 695,000 jobs in june, better than expected but down from the prior month large gains. still investors like it. the market is up today. and of course housing data pending home sales up 8%, the highest reading we've seen since january. we do know the pandemic moves people around, demand is higher in some places than others. according to rocket mortgage the top three places in the united states are austin, texas, tampa, florida, and raleigh-durham north carolina. neil? neil: jackie, thank you for that. so the boom goes on and the boom

goes on for stocks. a lot of it buoyed of course by government spending including this $1.2 trillion infrastructure package. a lot come back say it is not that expensive, when you say half of that is really appropriated funds, you're right about that, but the total package is indeed that. edward lawrence is looking into a wharton school study that examined the entire package that said it would all pay for itself and might pare the debt down in a couple of decades. that is a little too long term for me. long term for me is monday at breakfast. having said that, edward looking into that study. seems a little incredible but maybe detail it for me, edward. reporter: it is a kind of incredible but in the short term it says the debt would increase by $112 billion or so, but in the long term, by 2050 significantly decrease. if you use current numbers today, that decrease would be $252 billion by the year 2050.

meantime the study also finds it would add to the economy. the overall output of the entire economy would go up by .1% by 2050. the study, you said by the wharton school. for some economist as long-term net gain eventual reduction in debt mean as good investment. joe biden is saying it is a good investment as he took the message to farmers in wisconsin yesterday. on capitol hill today the senate may be an easier road than the house. progressives in the house are threatening to block the birpartisan deal unless they get their priorities in it. house speaker nancy pelosi says it has to be passed after a reconciliation bill in the senate. it is really a big hurdle. the president making the case that there is enough green energy add-ons in this creating 500,000 ev charging stations across the nation. his climate advisor also reinforcing that the priorities will be met.

>> been very clear that he will move forward this bipartisan bill and he is also going to move forward with a budgetary effort to actually make sure we're not just building the infrastructure, but it will be filled with renewable energy and exciting new opportunities for people across the country. reporter: but the white house saying the two are not linked and the transportation secretary also out trying to pitch the idea to get popular support among voters to force house democrats, enough house democrats to support this bill. there is a minor concern in the senate as you know from your interview yesterday with senator roger marshall he told you that he is having a hard time getting to yes because of the stunt as he says that was pulled by the president saying the two bills would be linked. so, neil, a lot of conversations happening between the white house and capitol hill today. neil: all right. edward, thank you very, very much. we're learning a little bit more about this legal action that could be taken against the trump organization.

the former cfo, chief financial officer tomorrow. apparently it involves paying taxes on perks that they weren't adequately reported. the perks include cars, apartments, private school tuition, that individuals including mr. weselberg received from the trump organization. that would account for income that you report. presumably they did not. part of the examination here is makes you wonder whether it has been worth the years of, you know, studying all the finances of the trump organization. it could be according to "the wall street journal" a sign of greater deceit at the trump organization, quoting here, that they could file more serious charges alleging a scheme where executives systematically avoided paying taxes but again it's a leap. the details will come out tomorrow. mr. weiselb-rg is expected to be

in court with a representative of the trump organization. charlie gasparino is following this all closely. it is too early to me for make a summary judgment of that, year and years for this? it does strike me as surprisingly like a nothing burger here. i'm not minimizing people who might be alleged with not paying taxes on benefits which is required is this what, is this the best they have in other words? >> i've been speaking with former federal prosecutors who are essentially saying the same exact thing. phones are lighting up, people, you have to realize cy vance and looking at trump's taxes, allegations initially laid out by michael cohen the former trump fixer who he inflated his net worth and revenues for insurance policy purposes, covers more money. deflated stuff for tax purposes

so he has to pay less money. based on that, michael cohen's words, cy vance has a task force, a story we broke first on fox business, it is on our dot-com, that he assigned a tax force of accounting experts and all these brilliant mind to come up with a complicated tax case against trump and that complicated tax case looks like it comes down to this, that we are going to squeeze the cfo of the trump organization to be a witness on these other issues because we're going to hold him accountable for picky unstuff like, by the way these cases are rarely brought. if you talk to any lawyer, any federal prosecutor, yeah, the irs can come after you, you have to pay, but not like you face a criminal indictment over this stuff. it is, it just boggles the imagination what that, this is what we got out of months and months and months of

investigation. now, obviously he wants mr. weiselberg, am i saying his name right, the cfo? he wants him to cooperate. clearly when you go after sort of any criminal enterprise case, cy vance looks at the trump organization as a criminal enterprise. neil: they tried to get him to talk about this, and they failed at that. >> he is not. let's back, the point i'm trying to make obviously trying to get lower level guys to rat out on the big guy, right? that is what they try to do. they did it in securities laws investigations with steve cohen and former, hedge fund guy, they do it with everybody, mobsters, you name it. he is a really smart guy. he has good lawyers. i just can't imagine he thinks that he, the fact that he is not doing what they want, he must think it is a weak case. you know, it is the easiest

thing to say i tell you what you want and i don't go to jail. he must think it is weak tea. looks from my standpoint, when i look at it, talk to federal prosecutors, when they look at it, what mr. vance really is, we should point out he is leaving office at end of this year. he is not running for re-election. he wants to set his progressive bonefides, he took on the truck organization, got something out of it, if he gets the trump organization to plea, prevent the trump organization making money on public projects. he wants to basically hurt donald trump financially but the law around this, this is not like, this is not the indictment of the century, i'm telling you. everybody i know that looked at this thing is kind of shaking their heads saying it is mueller number two. you know what happened with mueller, after all that stuff,

russian collusion, wikileaks, roger stone, this one, that one, it came out to be a big nothing burger you know. neil: you mentioned michael cohen at the outset, charlie. he telegraphed to the world, this will be big. vance has him dead to center. then i keep reading about this coming down they already pay taxes on employee benefits and other perks. that that would be the groundwork through which you would lay other bigger charges or hopefully try to get weiselberg to be more forthcoming to help out. if i'm seeing this is a their premier attack line, i'm weiselberg he knows all the financial things of the organization, to your point he might surmise this is the best they got? >> how long will you put mee in jail on a suit trump bought me, whatever the perks were? obviously it was much more than

a suit. it raises the question, i hate to do what aboutism, let's be a little what aboutism, where is the irs investigation into hunter biden and all the money he made overseas, whether he properly accounted for that? where is that? you know, they have chased donald trump and his family around for years. you have and i have been, tried to be fair about the former president. we criticized him when he was over the line. we try to be right down the middle but think about this, this poor guy, poor guy, this guy has been hounded for years, this is what they come up with every time. it makes you really believe it's political, you know? there is nothing, you know, listen, if i was the head of the securities & exchange commission, i went over to jpmorgan, i guarranty you i could find some stuff going on there. everybody makes mistakes. you didn't pay a tax here. you thought this was that, that was this, i could charge him,

you know. seems that is what they're doing to this guy. they're looking at every single positive thing. so he didn't pay taxes on putting a guy's kid through school. maybe he didn't have to? i'm not a tax lawyer. i'm just saying seems so picayune, so politically motivated. it is so divisive for this country. it reminded me of the ken starr investigation into clinton and here is where i always said about that. if the worst they're going to get clinton on was, you know a white lie about having sex, why take the whole country through that and say this guy has to be impeached and thrown out of office? if that is the worst. if it is not whitewater, remember that financial scandal, if not something really bad, why are you focusing on picayune stuff with the figures? it just i think it is politically motivated. i want something more. i'm hoping for something more because i want to think that

cy vance is at least on to something, but remember, he had a whole task force of, you know, of these forensic accountants, the smartest guys when it comes to numbers, he got mr. weiselberg, am i saying the name right? i think that is how you say the name. he got the cfo not paying taxes on perks. wow. can you get your head around that. neil: these issues go back decades for the trump organization. >> these cases are usually not brought. this is not, give me a perk case against people? find some. they're not really brought. this is not stuff prosecutors sit there to say, oh, if we don't clean up the, not paying taxes on perk business, we're, the world will come to an end. these are not cases you would expect out of the one of the premier law enforcement officers in the country is the manhattan

d.a., ron by bob morgantheau. it is an office that has a stellar reputation. now we're running cases about taxes on perks. neil: when the morning times revelations came out couple years ago, what he paid in taxes, what he did, a lot of these were allowed at the time. i don't know about perks and paying taxes on what is seen as income. that is a fairly recent phenomenon. it might predate it. we don't know. what we do know the time being of the focus of charges but finish that thought. >> every rich guy i know and i know a lot of rich guys given what i cover, use this in the tax code to their advantage. what i didn't like about the "propublica" sort of expose' on all these peoples, what they pay

in taxes peter thiel, what go down the line what they did is completely legal. it is in the tax code. you want to make the tax code fair and simpler. have a flat tax. not all the deductions, one tax. you probably get more money out of them. if you give them a system, they're rich. they want to minimize their tax bills. that is what donald trump has done, despite all the hoopla over the release of his taxes. that is what they all do. that is not illegal, okay? if you want to go even further into the trump organization, if the best you can get out of the miscreants in the trump organization are people not fully paying taxes on perks, that really doesn't get prosecuted, you're talking about an erosion of public trust that is just going to keep going. if you want to know why the country is so divided, this is one of the reasons. if this is all you got after hiring a team of financial experts and forensic

accountants, you got something this picayune, you know that is a real problem, neil. it is just, it is really, it is mueller all over again and it is not good. neil: yeah. a lot we don't know. we'll find out tomorrow. charlie, thank you very, very much. those just tuning in, the trump organization and its cfo, alan weiselberg are expected to be charged tomorrow. not on money shifted from one trump entity to another, all the earlier indications that was being funneled through nefarious means, more the case evading taxes on fringe benefits such as tuitions and clothing. that's it. more after this. ♪

it's another day. and anything could happen. it could be the day you welcome 1,200 guests and all their devices. or it could be the day there's a cyberthreat. get ready for it all with an advanced network and managed services from comcast business. and get cybersecurity solutions that let you see everything on your network. plus an expert team looking ahead 24/7

to help prevent threats. every day in business is a big day. we'll keep you ready for what's next. comcast business powering possibilities.

♪. neil: all right. the president, that is the former president at the border. he is going to a much different place than the vice president did last week. grady trimble at rio grande valley, texas, with more on what is going to be going down a

little more than an hour 1/2 from now. reporter: hey, neil, an hour 1/2 from now where the former president and governor greg abbott will visit the border wall. in 35 minutes they both will receive a briefing on border security. of course president trump instrumental in making this wall happen in the first place. governor greg abbott is thankful for that even though the federal funds have stopped under the biden administration. republicans were critical of vice president kamala harris and where she chose to visit in texas last week. she didn't come here to the rio grande valley but law enforcement officials we talk to here today, if you want to see what is really happening at the border, and the crisis with the illegal flow of migrants over the border, this is the area you need to visit. >> right now the rio grande valley is a primary area for illegal entries, narc kicks it, currency, weapons, gangs,

criminal arrests. you have to come down to the areas. visit with law enforcement, landowners, property owners, to see what the problems are and develop solutions. that is what they're doing. that is leadership there. reporter: meanwhile apprehensions along the border continue. we shot this video yesterday evening. we happened to be driving by those migrants apprehended from border troll told us they came all the way from el salvador. apprehensions like these governor greg abbott says they need a border wall even if they do it without federal money. the state allocated $250 million for the project. they are trying to raise more through crowd funding. they have put up temporary barriers. they started brush clearing, in this area this week. they plan to put up permanent structures. in the rio grande valley, it has been raining most of the

morning. despite the rain migrants continue across the border and apprehensions continue. this is before the former president's visit today. neil: thank you, grady. ron vitiello, former chief of border patrol, former acting i.c.e. director. always good to have you. where the president is going today, how different is it from where the vice president went last week? >> well the vice president didn't visit the actual border itself. although she was steps away from a 30-foot wall just across the way from where she was at in the centralized processing center. the facility the vice president visited was purposely built to handle the tender age children and families in large numbers coming into the custody of the border patrol. sort of an ideal setting. the traffic had been reduced. it is not, not as busy as the area where president trump and the governor will be today in

the rio grande valley. when i was there before we had a wall, since the wall has been installed, the new wall that was installed under the previous administration, that always has been a place where the smugglers, the cartels and people who control the pipeline send folks from central american countries to that part of the border. it is closer in geography and the smuggling groups and the cartels sort of control that flow, so it always a place where lots of people from central america get apprehended. so that's, that is why it is the busiest place along the southwest border because the population is made up of that specific part of the world. neil: you know better than anyone, ron, the president will be with texas governor abbott, he said, if you're not going to build the wall and finish it, i will. he has largely republican governors going along to help him out with troops much their own, kristi noem of south dakota announcing 50 troops heading to

the border. the biden administration has not said anything about, so much the land is federal land, can the governor do that? can the governors supporting him allow that? >> i'm not sure. if he gets the approval of landowners that is one thing. i'm sure they can make an accommodation there. but on the federal property that will be very different. then when we were there, both under the trump administrations trying to build a wall, repair wall and put new wall down in like 2007 time frame, there is a treaty with mexico has to be adjusted for. the wall in the valley where they're going to be, it also contains levee and flood protection. all of those things have to be configured before they can lay down new material. obviously the governor is smart about that. i'm sure people will challenge it. but the simplest way to do this, would have accommodation with landowners who also agree that a barrier is necessary for the border patrol to succeed. so agents know that walls work.

and the more that asset that they have alongside additional technology and more agents, that is a solution for success. neil: got it. ron vitiello, former chief of border patrol, retired acting i.c.e. director, we'll keep you posted on this, especially when the former president starts all of this in about an hour 1/2 from now. we're giving you latest update from florida with the condo collapse. the news is not good. we'll have more after this. ? yes, thank you, that was fast. sgt. houston never expected this to happen. or that her grandpa's dog tags would be left behind. but that one call got her a tow and rental... ...paid her claim... ...and we even pulled a few strings. making it easy to make things right: that's what we're made for. usaa. what you're made of, we're made for.

get a quote today.

♪. neil: all right. 16 now confirmed dead in that condo collapse in florida. 147 still not accounted for. those numbers change as they did today. ashley webster with more from sunny isles, florida. ashley? reporter: you know, neil, as we watch that rescue effort continue and it goes into a

7th day as you say it's a very hard task indeed. a lot of other people living in this area in south florida, especially in buildings 40 years or older they're saying how do i know my building isn't in disrepair? a lot of focus now on those homeowners condo associations. those folks who belong to a board, who are given the job maintaining the building in proper repair. so i asked the question, how do we know that board is acting properly? questions are already being asked certainly in the surfside situation because for some number of years they knew that building was in disrepair although no one expected it of course to collapse but repairs are expensive and those expenses certainly are picked up by the people who own the condos. i want to bring in if i can jenette gado, the former vice mayor of sunny isles beach, where we are now. thank you very much. it costs a lot of money to maintain a building. this building was built in 1972,

49 years old. if you don't keep that maintenance up, that can spell trouble, can't it? >> absolutely. i think when people buy into a condominium they're expecting there will be expenses down the road consistently and it is no different when owning your own home, that you need to replace the roof, you're going to go ahead to incur that expense. so when you get it a 40-year certification things get piled on and expensive. new roof, maybe new elevators, garage repair for the pool, it really, really adds up. reporter: you're at the mercy, are you not, how good or efficient that particular association, the homeowner's association is? if you have a bad one, your building will not get the proper repairs? >> exactly. it is super important you vote in people that you know are responsible, that can anticipate problems. that are educated and know what they're doing. and that they are ethical. i think that is also a very important part of hiring a board

member. reporter: city of miami, miami-dade county, going on massive ramped up review of all the older buildings? is that going to reveal other things do you think? >> might. what it will reveal how many buildings stayed on tom of some of their issues and haven't. when you have a really good board you're working with, they are staying on top of that throughout the year, rather than waiting for the 40 years to deal with a lot of infrastructure problems. all the better. but not a lot of times do you get board members that are that conscientious and that responsible. reporter: jenette, thank you very much. appreciate your input there. since we've been in the lobby here, we were on the roof earlier this morning, so many people came by, i saw a crack in the wall back there by the parking garage. someone said there is water on the floor shouldn't be. that is typical. we're hearing it everywhere. people are nervous in the weight

of that building collapse. we should mention president biden scheduled to be here tomorrow. we'll find out what he has to say, and of course later on the rescue efforts. neil, back to you. neil: thank you, ashley. all that is understandable, when you think about it, my friend. i would be looking at cracks too. congresswoman maria salazar, florida republican. she is in that neck of the woods, not in this specific area but congressman, thank you very much. >> thank you to you, neil. sure. neil: what, what do you make of this concern that our reporter just raised in florida about people who are looking again at their buildings, their condos, cracks there that just might be nothing but getting a lot of attention? what do you think of what goes from this? >> i would, thank you for the opportunity. wonderful to see you again, neil. i would be thinking the same thing. i was telling my staff, now when i go back to the district, the

district, tomorrow, we're planning to go with the president and on friday and the whole next week, i'm going, i'm going to call and go to every municipality that belongs to district number 27, city of miami, pinecrest, coral gables, key biscayne, fisher island. i will make sure that all the building departments are taking all the precautions and they're finding out if we have any buildings under the same conditions. this building was built 40 years ago. apparently now the latest information is that a couple of years ago one of the engineers gave a clean bill of health that was completely wrong. there was another engineer who said in 2018 that this building had problems. look, we are used to natural disasters. in 2000, 1992, we had andrew, that destroys the southern part of florida. we know we have to pay a report

of attention to the building code. we have great engineers. this has never happened because buildings just don't fall. i am sure, i always look, we have to look at the future and the bright side of this horrible story is that we're going to make sure this will never ever, ever happen again in south florida. neil: you know in the southern tower as you collapsed, you know, congressman, the guy head of the condo association board sent a missive out to all the members, we got some big problems that will have to be addressed. costs 15 1/2 million dollars. works out to $150,000 per owner. they were shocked at that. abundance of caution after this collapse, that we'll see this out of condo boards, that are going to you know, go ahead, beef up safety, engineering all of that, charge their members

accordingly. i wonder puts a damper up to now, sending condos in florida soaring what do you think? >> i agree with you. this is a, this is a black spot on a beautiful white page. up until a month ago florida has been the beacon of hope. hundreds of thousands of families moving to south florida to my area which is right next door to surfside because we orphan fantastic weather, great beaches. we have great taxes. we're very welcoming. ultimate melting pot in this country, the city of miami. we have people from every nationality and every ethnic group. i agree with you. that is why elected officials, people elected by the residents need to step up to the plate. we cannot take advantage of this. if you have an assessment, we all know what an assessment is, the engineers and the board of,

in charge of making sure that, that this doesn't happen again in any building tells you, a resident that you have to pay more, well then you have to pay more because this can never happen again. but i am very confident, i know my elected officials, the local authorities and we are going to make sure that like in 1992 and, in 1992 andrew destroyed homestead. this building collapsing is never going to happen. i am sure it will never happen again. this is a very big, hard, evil lesson but we will learn from it. neil: all right. it is only one now that has fallen. put in perspective here. don't minimize the tragedy, as you said, congressman but it points out this is hardly pandemic. people are leaping to that, might be so prematurely. we'll watch it closely. maria salazar, thank you very

much. we will keep you updated on this as the congresswoman pointed to what is next up as they go through the certification of many condominiums and high-rises not only in that neck of the woods but along the florida east coast. keeping you posted on that. keeping you posted on the crazy new york mayoral election. they had a ranking system in effect would avoid a run-off election t would be smoother and easier. it is not. it is a mess. it is like clown time in the big apple. after this. traded with a touch. the gold standard, so to speak ;)

♪all by yourself.♪ you look a little lost. i can't find my hotel. oh. oh! ♪♪ this is not normal. no. ♪♪ so? ♪♪ right? go with us and find millions of flexible options, all in our app. expedia. it matters who you travel with.

♪. neil: we are just learning that bill cosby is about to released from jail. pennsylvania highest court overturned the sex assault conviction against him after finding an agreement with prior prosecutor prevented him from being appropriately charged in the case. you might recall back in 2015 cosby was prosecuted with damaging deposition from a

lawsuit in which various, those who assailed him said he had drugged and molested them over the course of years. this particular suit involved a young woman at temple university, an employee there. we don't know whether that was the direct connection that was flipped but the court has ruled that sex assault conviction cannot stand and that bill cosby must be released. we'll keep you posted. meantime, keep you posted on new york city's whacky mayoral race. all because of a new system they were trying out that is gotten to be even messier. very, very latest right now from david lee miller. david? reporter: neil, the board of elections botched the city's first ever effort at rank choice voting. a recount for the mayoral primary under underway. after initial results was

announced campaign from the front-runner eric adams, that the numbers didn't add up. the board of elections checked numbers that 135,000 test results were mistakenly included in tally. the board of elections adam saw his election night lied shrunk from 10 down to two. his campaign released it will petition state court to have a judge oversee and review the ballots if necessary. the city's former sanitation commissioner, another candidate, katherine garcia moved up to the number two spot, says the board of elections miscalculation is deeply troubling but doesn't believe it was intentional. >> it seems like this was a straightforward mistake but we will definitely be watching and monitoring as we go forward. we wanted it to be something all new yorkers have confidence in.

reporter: now ranked choice voting allows new yorkers to select up to five candidates in order of preference. since no candidate receive immediate majority, instant run offs are tabulated until one candidate gets more than half the vote. early indications the democrat candidates who called for defunding police did not do well. this is something of a bellwether for the defund the police movement. no matter what happens later today, when the corrected numbers are released they are still not final. 124,000 be a certain tee ballots are yet to be counted. final results expected mid-july. neil? neil: just incredible. david lee miller, thank you very, very much for that. you've been hearing a lot now the world health organization around places like l.a. county, eastern if you have been fully vaccinated, forget one shot, both shots, you're all taken care of, they want you to wear masks indoors, outdoors,

everywhere. why the delta variant, this strain that has proven so stubborn across the world is the reason but is it justified? after this. ♪. [sfx]: happy screaming [music ends]

♪ ♪ look, if your wireless carrier was a guy you'd leave him tomorrow. not very flexible. not great at saving. you deserve better... xfinity mobile.

now they have unlimited for just $30 a month... $30. and they're number one in customer satisfaction. his number... delete it. i'm deleting it. so, break free from the big three. xfinity internet customers, switch to xfinity mobile and get unlimited with 5g included for $30 on the nations fastest, most reliable network.

♪. neil: all right. don't deep-six those masks

you've had for dealing with covid for the last year or three months or so just yet. the world health organization is highly recommending their use particularly indoors whether you have been vaccinated or not. l.a. county is as well requiring them. all because of a spike in the so-called delta variant that ths a alarming folks but should we be so alarmed? dr. marty makary, johns hopkins university professor of public health, author of, the price we pay. i put it to you like that. wear masks vaccinated or not? >> nice to see you, neil. no it is not. there are a lot of fear mongering out there. we have to put things in context. vaccinated immunity and natural immunity are entirely protected against the new variant as well as hundreds of variants out there. what is concerning right now in los angeles you are seeing public policy-driven by fear around no data. to me that is the greatest concern right now, neil. neil: so this variant itself that is causing or seems to be

causing havoc enough in places like sidney australia where half the places shut down, where 90% of cases reported have been this variant, what is going on? >> yeah so australia has about 4 1/2% of their adult population vaccinated. los angeles has about 72% of their adult population vaccinated. zero prevalence study showed half of loss angle lance had natural immunity when the tests were done in march. you have very high population level immunity. if you look what is happening in some of these parts of the country where they're describing more cases with the delta variant, it is somely a greater proportion of variants are the delta strain and we're seeing that in the united states. that is going to go up. it is not the greatest public health threat as dr. fauci recently suggested. it is something that those who are not immune need to be aware of because it is more contagious although no evidence it is more deadly. neil: in that population of

those who have not been vaccinated, whether we're talking about up to a third of americans, doctors, i don't know what the latest figures are, is there a threat among just that group of superspreader event or risk that they get it again? or we developed this to the point there is some herd immunity out there? >> there is very high levels of population immunity. so about 67% of americans have a second dose of the vaccine, about half of the unvaccinated have natural immunity. that means eight almost nine out of every 10 adults at every restaurant, on every plane, on every bus, every meeting, at every sporting event has immunity t makes very difficult for the virus to jump around. as a result we're not seeing super spreading events. it is very difficult. we'll almost eliminated super spreading events what is happening. what happens you get two unvaccinated people they're both at risk. if you don't have immunity because you have chosen not to get the vaccine, you don't have natural immunity, you put

yourself at your own individual risk out there around do so without creating a public health. i know we're testing too many people, neil. i know it sounds crazy we spent so much money getting testing up and running, we should not be testing people with immunity and under the vaccine guidelines. neil: dr. marty makary, thank you very much. we'll have more after this. ...

♪ ♪ when technology is easier to use... ♪ barriers don't stand a chance. ♪ that's why we'll stop at nothing to deliver our technology as-a-service. ♪

neil: all right, we are waiting to hear a border briefing that will feature the former president of the united states, donald trump, with governor greg abbott of texas, in talking about what they say has become an outright emergency at the border, they wanted right now, the governor, as you know is spearheading an effort to build and finish the wall that donald trump started, then he's got a lot of republican governors helping him out with troops of their own to get that process going. congressman darrel issa joins us from california, very familiar with this issue. good take on, what concerns him the most there. i just wonder, congressman, where this goes. i mean, obviously we've not heard from the biden administration on whether this could be done on federal lands or how they will respond, which might be telling, but can they act in this way? >> oh, absolutely, neil. this is one of those constitutional well- written portions that says that the federal government shall protect against invasion, and the self-help capability

that governor abbott is trigger ing is clear that there is an invasion. there is a failure to control the border. that parts undeniable, and he is , as a result, mobilizing himself and as many as 12 other state organizations, governors, who are providing troops to allow him to protect the border, because once you cross over the border, the drugs and all of the other crime can continue to every other state in the union, and many of the states recognize that the rise in opioids and other side effects if you will of uncontrolled border are affecting their states everyday. neil: so legally when it comes to federal lands, i guess you could talk to owners of property along such areas, see if they be open to this , i'm sure they would, but that seems to be the legal issue, congressman, should it be. >> there are some questions about federal lands, but in most

cases, particularly along the california border, near san diego, these are not federal lands. in fact it's private property, and the governor has authority to do what he needs to do along that, so i'm here in texas where governor is making the decision to make his community safe by deploying what resources he needs to, versus california where our governor has determined that the welcome matt is appropriate, even if it includes massive amounts of fentanyl. neil: all right, congressman, thank you very very much i want to go to grady trimble right now , rio grande valley, what they expect of this visit on the part of donald trump today. grady? reporter: neil, any minute now, the governor of texas as well as former president trump will receive what they're calling a border security briefing here. that's what you see on your screen right now, a shot of that expected to start any minute. after that, they will go to another location, not this one,

but somewhere else that looks quite like it along the border wall to see what it looks like here and there are lots of spots where you reference, there is no border wall because construction has come to a grinding halt, just in my line of sight right here and if you drive along the wall, lots of other places where they stopped construction when biden became president, and decided that he was not going to direct anymore federal money for that wall. governor abbott, as you said, is going to go it alone, allocating $250 million for wall construction here. that work is already underway. they've also started operation lone star, that started back in march to assist border patrol which are just in undated with the flow of migrants over the southern border right now. that's costing $2.5 million every single week, and lt. governor dan patrick spoke on fox news about the overall cost of all of this on the taxpayers here. >> somewhere in the neighborhood of 3.5-

4 billion of our tax dollars to do the job the federal government isn't doing. right now we have about 1,300 troopers down here, we have about 12 air assets that are ours, we have about 10 boats on the water, not the federal government, we're doing most of the work. reporter: that briefing, as we said, expected to take place any minute now, followed by the visit of the former president to the wall that he was instrumental in making happen and the wall that texas governor greg abbott wants to continue building even if president biden won't, we will monitor it all and bring you the updates, neil. neil: thank you, grady. is this coincidence this all happens on the same day we've learned that the manhattan district attorney's office is expected to charge the trump organization and its chief financial officer, with tax- related crimes. we don't know exactly the tax- related crimes. we understand that it has to do with failure to make payment and report income on benefits,

things like tuition and corporate apartments that sort of thing, we don't know the de details but this is an investigation that's gone on for three years, longer if you look at it looking into the byzantine financial world and a trump organization, a real estate empire second to none on this planet and this seems to what its come down to. the former president himself reportedly not among those charged and seems to be focusing on the organizations financial department and specifically mr. weiselberg. we have more from charlie gasparino. charlie? charlie: a little insight know what's going on on the trump side of this developing story, neil. these are from people close to the trump organization. there is a plan to put out a statement soon, so be prepared for that hitting kind of anytime now, for all i know waits until tomorrow but from what i understand they are

preparing a statement to address the charges that are expected from the manhattan d. a., that should come thursday, tomorrow, against the organization, and weiselberg over these perks. now, here is some details. apparently, not apparently, but the manhattan d. was trying to get mr. weiselberg to flip to basically build a case against the trump organization, donald trump himself, and his sons don jr. and eric who are principals in that organization, that's what sources are telling us. weiselberg said no, i don't have information to help you do that, and that's where this thing turned on him. at least that's what we're going to hear more about that when the trump organization puts out its statement, but that's kind of an interesting set of circumstances. they are also going to argue this , neil and this is kind of key. the irs allows a lot of carve- outs on perks. education, medical stuff is usually allowed. it doesn't, rarely, do d. a.'s

bring tax criminal cases on perk s like cars and things like that. that's what it comes down to with mr. weiselberg. apparently there was tuition paid for his kids, he a car, he had an apartment, by the way, every business has apartments all around the city and people use them, and your employees tax bills, this is why the irs doesn't go crazy on this and it's clearly never really a criminal charge, and i think that's why weiselberg did not cooperate, he thinks that this is a lousy case from people i'm speaking to say and i guess we'll hear from his lawyers soon on that. the scope of this thing is fascinating, and you hit on it before. you said three years, i hear its been five years that's what people inside the trump organization are saying. five years, 100 subpoenas, not just sent to the trump organization, but to related parties like accounting firms, 3 million pages of documents,

and the office has clearly made this the number one thing that he's doing he's the manhattan d. a. we should point out that a marine the other day got shot in manhattan, in times square, a child was shot in manhattan, and this is the number one thing for the manhattan d. a.' office apparently, so he has a team of forensic accountants they've been meeting a lot with the trump organization, their lawyers, when they meet with the trump organization, it's literally 30 people on the phone from what i understand and representatives of leticia james office, the new york a.g., whose obviously looking at this as well as has been reported. neil: got it. charlie: they are going to fight back and try to sue leticia james as well from what i understand because she ran on the notion she was going to go after and charge donald trump. she did fundraising on that, could be a violation of campaign finance laws so they are going to fight back and it's a very

interesting couple days neil back to you. neil: all right, very very interesting, on all of this occurring, as charlie was just wrapping that up here on the very same day the former president is at the border with governor greg abbott. let's dip into this right now, and see what these gentlemen have to say about what they have called a crisis at the border, the governor says can only be addressed by finishing the wall that donald trump started. let's listen. >> let me give you just one example about what's happened after you left presidency that we've seen in texas, and across the nation. this is probably the most deadly aspect of what is happening and that is the importation of the deadly drug of fentanyl, just 2 milligrams of fentanyl is a deadly dose, and just this calendar year, the texas department of public safety has seen a 2000% increase in the amount of fentanyl that they have apprehended not counting what border patrol has apprehended. just the texas department of

public safety alone has apprehended more fentanyl to kill every man, woman, and child in the entire state of texas. this is deadly as dangerous and is in festing regions across texas as well as regions across the united states. so here is what texas has done and i want you to bring you up to speed on that we have had to do to respond to this crisis. we launched operation lone star where we deployed 1,000 texas department of public safety officers as well as texas national guard and they have already arrested almost 1,800 people for criminal violations in addition to about 40,000 apprehensions of people who have come across the border illegally , and they have busted 41 stash houses. in addition to that, things got so bad that county judges, the lead officials in the border region counties for the first time ever, they asked me to declare a disaster. do you remember i declared a

disaster for hurricane harvey and some other things like that. this is the first time ever i'm aware of that a governor had to make a disaster declaration for the border situation and yet , that's exactly what we did, and then texas with the help of lt. governor patrick, we passed, in our state budget that i just signed, more than $1 billion of funding for texas, to have to step up and secure our border, and then after that, they added an additional quarter of a billion dollars for texas to begin building our own border wall to keep texas safe and then on top of that, we have a new program, because we are seeing people coming across the border who have committed crimes before and we want to arrest these people and we, through the texas department of public safety, are working collaboratively with sheriffs to make sure we have an arrest program. we're not going to be involved in catch and release. if you're coming in the state of

texas you'll have texas law enforcement arresting you and putting you behind bars. this isn't going to be the red carpet treatment that the biden administration has rolled out. this is time in jail that our law enforcement officials will help achievement two other things i want to mention. one is that governor doocy and i , we triggered an interstate compact where other states can join in and assist us and help to secure our border, and i know i don't have all of the states but i do want to mention the ones that i do have that are stepping up to help out by sending resources, it could be law enforcement officials or it could be national guard. we have florida, nebraska, south dakota, iowa, ohio, arkansas, georgia, and more just know that the people of texas, the people of america thank you for stepping up and providing your resources to help secure the border, knowing full well that what comes across the border does not stay at the border, in fact it goes to your states and other states across the entire country. two other things that i created

a border and homeland security task force that involves all of our local sheriffs who help provide advice and information about what needs to be done as well as property owner groups ranchers who have been decimated by what's happened on their land , and let me just close with that. we're doing all that we can for one reason, and that's because the way that the people along the border are having their lives turned upside down, i can't tell you the number of stories i've heard from people who have guns put to their heads or guns brandished at them in their ranches and homes and neighborhoods they are afraid to have their children play in their yards. the ranchers have their homes invaded, their fences ripped up, livestock lost, their game lost. it is a far more dangerous situation than its ever been. the people of texas have been pleading for us to be able to step up and help restore safety

and security in their lives and that is exactly why texas is stepping up and doing a job that is truly the federal government 's job. a job that you did, but a job that the biden administration is completely failing us on. now, with that there's going to be three law enforcement officials who will provide you additional information and then we will look forward to hearing your remarks and it starts out with the director of the texas department of public safety, steve mccraw. >> thank you. >> hi, steve. neil: all right we're going to monitor and wait to hear from president trump on this visit to the border, that of course you've heard from texas governor greg abbott. he's taking matters into his own hands, saying that a lot of this has to do with the ceasing construction of the voila long the border not only texas but other states as well and that was immediately stopped after donald trump left office, and that is the big beef and that is why he has made it his number one goal to get that wall built, and with the help of a number of

other republican governors and other states who are providing to help him in that effort. tom bevan johns us, real clear politics. tom i always look at curious timing other than this on the same day we get word that they're going to be legal actions taken against the chief financial officer of the trump organization, as if maybe, to steal some of the thunder, even though it looks like some of those charges are, you know, a little specious at best but it covers taxes not paid on benefits, we don't know how far back those benefits go but what we do know is this represents millions of dollars and year after year of investigations, and my immediate reaction was, i'm not minimizing this and of course if you haven't paid taxes on benefits, it's the law of course i don't know if it was the law back then, but is this the best prosecutors have on donald trump, who is not part

of this? >> right, well first, there are no coincidences in politics, neil. i'm a firm believer that all of this stuff is, without being a conspiracy theorist, there is always a concerted effort to try and, you know, outdo or step on a new story and draw attention towards something or away from something else so i don't think it's a coincidence this happened on the same day. to your point, it looks like after three or five years, if this is the best that cyrus vanc e has on on the trump organization and going out of his way to prosecute something that is normally never prosecuted as far as i can understand, it really does sort of reinforce the fact the claim that trump has made that he's being prosecuted that he is being, this is a political effort on the part of the d. a. if they got the goods, go ahead and charge him, but this looks like it's merely they don't really have the goods and they are going out of their way to do

something they wouldn't do for against another organization , another individual neil: you know, tom, i'm no lawyer but i watch a lot of legal shows so i think i qualify but one of the things i did notice, was that sometimes, raising issues like these are a means by which you broaden things out. i've got proof of malfeasance that even the most after cane level that it could sort of lay a trap door to other charges, and get someone likewise, the cfo, to fold, but all indications are that he did not and would not nixon donald trump or for that matter acknowledge anything wrong was or is going on now so what do you make of that? >> well right. normally, it's obviously a classic tactic of prosecutors to try and flip witnesses to pressure them, but apparently, they weren't able to do that in this case, and so it does raise questions, neil, about whether this is, is this an effort to publicly try and get some sort

of deal on weiselberg or not? but to-date they haven't been able to do that but again they are going out of their way to press criminal charges against someone that sounds like we'll know the full details tomorrow, that they would not do in other circumstances, and for that reason, i think, the double standard raises questions about the manhattan d. a. neil: got it. tom, thank you very much for that. tom bevan, reporting on these latest developments and the curious timing. there are no accidents or coincidences in politics, we're going to explore another big development today in case you haven't heard, bill cosby had his conviction for sexual assault overturned today, the pennsylvania appeals court. that decision alone is going to make him a free man and be released from prison shortly. what was behind that, what changed things? after this.

i'm so glad you're ok, sgt. houston. this is sam with usaa. do you see the tow truck? yes, thank you, that was fast. sgt. houston never expected this to happen. or that her grandpa's dog tags would be left behind. but that one call got her a tow and rental... ...paid her claim... ...and we even pulled a few strings. making it easy to make things right: that's what we're made for. usaa. what you're made of, we're made for. get a quote today.

neil: bill cosby is about to be a free man expected to be released from prison shortly after a pennsylvania appeals court overturned a sexual assault charge against him. the very very latest now from jackie deangelis. jackie what's going on?

reporter: good afternoon, to you , neil, well i'll start with this confirmed by fox news with his spokesperson, andrew wyatt, cosby's spokesperson, that they did vacate his entire conviction there will be no new trial. he is getting out today, and there will be a press conference outside of prison later, so stay tuned for that, but let's walk through exactly what happened here. i'm going to read you part of the decision from the pennsylvania state supreme court that really gets to the crux of why the charges or why the decision was overturned. why the conviction was overruled the judge said this , "the decision to charge or not to charge a defendant can de conditioned, modified or revoked at the discretion of the prosecutor; however, the discretion vested in our commonwealth's prosecutor, however vast, does not mean that its exercise is free of the constraints of due process and due process is the key part of the statement there." essentially what the judge is saying is that cosby was not granted a fair trial and he's

overturning the conviction and he will get out of jail. he says that at the bottom, for these reasons, cosby's convictions and judgment of sentence are vacated and he is discharged. i will just walk you through the timeline because this was such a long case we all lived through. remember what happened here. the first trial was in june of 2017, it ended in a mistrial. then, in 2018, there was a retrial and he was found guilty on three counts of aggregated indecent assault. in september of 2018 he was sentenced to three to 10 yours in state prison and that sentence was confirmed in june of 2019. he was serving that sentence when he appealed. his appeal was then denied last year, and so then of course his team took it to the state supreme court and this is what they decided, neil. he's going to be a free man. neil: jackie, thank you for that let's pick one of the finest legal minds i know, the former doj prosecutor partner. jim, what do you make of this?

>> well it's a really unusual situation. i mean it's a brutal situation, because the opinion and the prosecutions of bill cosby, it is vacated, with prejudice which means there are no alternatives in the criminal justice system to hold him accountable for all of these assaults, but it's not crazy reasoning. this was about whether bruce caster, you'll remember his name from the impeachment proceedings , bruce caster was the d. a. in pennsylvania at the time and he publicly acknowledged that he was not going to prosecute cosby, that he didn't have sufficient evidence to prosecute cosby. that overcame cosby's fifth amendment privilege he could have used in a civil setting. he was immunized by a prosecutor so he gave pretty damming information in those depositions used in the criminal trial and the supreme court for pennsylvania said this is a due process violation. it's a bridge too far, to promise that he'd be protected and he could say what he wanted, and then use those words against him. so it's a tough pill to swallow but it's not crazy logic here,

from the court. neil: so explain again why there's no other route for the prosecutors originally pushed their case. when something like this happens , it's done, why is that? >> well you know it's not always. there are plenty of appeals that are reversed, and they go back to trial, maybe with some different ground rules for how the rule will be conducted, so you could have seen a situation where the court said, you know what? all that deposition testimony that was very hurtful, that shouldn't have been allowed in so we're going reverse the case. you can try it again but you can't use that. that's not a crazy outcome either, but here, they said it's such a fundamental due process violation that the remedy has to match the harm, and they were not willing to put him through a trial for the third time when it was essentially the government screwing it up that caused the reversal that they just announced today, so they have that discretion, as a court. again, i don't think it's a crazy ruling. it's a frustrating ending, a

terrible ending, but their logic isn't particularly unfound. neil: so bill cosby will be released today, you know, looks to go on with his life. i'm just wondering when you hear his lawyers and maybe himself speak, what do you expect? >> boy i don't know. you almost hope that they would have the good grace to just walk away and get on with life, because if you're connected to the prosecution, if you're a victim of the 58 victims of cosby, crimes of the years this is a really tough day and to see anything that looks like in in the end zone is not going to be well-taken, so i think if i was advising him i'd say bill, be happy that you're done, you're out of prison, you can spend time with family but you need to be smart, protect yourself, and shut the hell up. neil: i'd be remiss and hopefully you don't mind if i switch gears very quickly on the other big development today,

word that the trump organization chief financial officer will face charges tomorrow, that he didn't pay taxes on benefits and on perks that were given to him in his years of the trump organization. we understand as well that part of this will involve other members of the trump organization, but not the former president himself, and you're the lawyer and a darn good one but i'm thinking to myself, this thing has gone on for years , millions and millions of dollars spent, and it comes down to one of his money guys not reporting income on tuition and fringe benefits, really? what do you make of that? >> yeah it's a little piddly. look this is the problem of a d. a. who announces the target first and evidence later. he announced he's going after trump. he sought tax returns for many years that had no real likelihood of leading to a state prosecution, so i think what happened is all of the attention was placed on this cfo, all of

the pressure was on him from the d. a. hoping he would deliver donald trump's head on a platter and he didn't do it. so now, he gets to have some fairly minor criminal charges placed against him, probably because he didn't deliver the goods that cy vance was looking for in a political exercise. neil: so you don't think this leads to wider action or to get him into helping and wider actions? >> i think if he was going to cooperate, he either would have already been designated a witness by cy vance, or they be very quiet, so if it's something where they are just saying he's indicted they aren't talking about it in terms of resolving the case it sounds like he's not cooperating but we'll have to give it a couple days and see exactly how they pull this out but for the moment it doesn't sound like he's cooperative. neil: james trusty, thank you very much we're mentioning the former president he's speaking right now with governor greg abbott at this border event let's go to that.

>> they came out with a term, defund the police, and it's wel. just look at aoc and omarch, how is she doing how's her country doing and they are telling us how to run our country, how are they doing and now they are saying no, no, it was them, that wanted to defund. it's like russia russia russia. everyone said russia russia russia, i said what's that all about? they said oh, you were very friendly. well that's been proven to be false not only false, it was them that were associated with russia. it was them, the democrats, and hillary and the group that gave money to russia, so it's a disinformation campaign and it's a terrible campaign, where they're trying to say that this is a disaster for them, let's blame the people that have really done something about it, and can do something about it, but when your hands get tied

because you know longer control the white house or congress, it's a disgrace. dan, we worked on it hard and we worked on it long and we discussed it every week and we had it down to a point that we'd never seen anything like it. i'm so glad that you mentioned the fentanyl, because the fentanyl was almost a non- factor and now i hear it's just pouring into our country, and it's the most dangerous of all but just pouring into our country, and we stopped also human trafficking, mostly in women. the human trafficking was almost , we built almost 500 miles of wall, despite the two and a half years of lawsuits, litigation started by congress, nancy pelosi and they sued us for everything, and we won the suits and we started and within a few months would you have had the wall totally complete and they were supposed to paint the wall and they aren't even doing that. they got to get a coat of paint on the wall, believe it or not,

it does rust. maybe that's what they like. let it rust, let it rot, but we built the wall that was not a wall that anybody could get through. we had very few breakthroughs, unbelievably, just the only breakthrough is let them walk around to the few open areas where you have problems on land disputes et cetera, all of those problems were resolved so we got them resolved so you could have completed the wall in a couple of months and they decided not to. now i hear rumors they want to do it, but it's only common sense. they were saying we want high-tech security, and i usually go around in speeches and say the two things that will never get old are a wheel and a wall. that's true. i mean, when you get right down to it the wall worked really worked, and again, almost 500 miles of wall and then we had another 200 that we were thinking about doing, less important areas from the standpoint of people coming in, but nevertheless, very important. we discussed it, and we did a

great job, and within a period of a few months it was all dissipated. remain in mexico is so important catch and release, we broke that one. chain migration, where people come in and then they bring everybody else in with them. we did a hell of a job, and we had it down to really a science. it was down to a point where people just weren't getting in unless they came in legally and again, the drugs had dropped by 70, 80, 90% in some cases and fentanyl is true. it almost dropped to nothing for whatever reason, but i guess the reason was we were tough. this was a great group, and all they had to do was go to the beach. if they went to the beach and did nothing. >> [laughter] >> they would have been fine, and they could have even had other people with your policies take your places, if they felt that they want democrats, but that usually doesn't work out too well, but chad, you and mark

and tom on the outside, i mean it was just an amazing group of people, and i'll tell you, brandon has been incredible. from day one, he came to me from day one as no games, no nothing. you knew that we were going to do it right and i'd ask him a lot, i'd say what do you think about this? i was calling him once every four or five days to get his advice because nobody knows like for instance on the wall. i was going to build a very good pre-cast concrete wall that would have been really fast. i loved it. i was going to do super hard pre -cast of 5,000 pound concrete and the border patrol hated it because they wanted to be able to see through. i said why? and after we go through, then we put the panels on top and you're all nodding it's true. the panels on top, it's sort of a safety climb. no claim panel, and that panel adds great difficulty, believe it or not because a couple people said why did you put the panel on top and it was

really, a no-climb panel. it's very hard to climb it. once you get there then you have the panel on top of everything else, so i did it 100% as per border patrol, i.c.e., and everybody else in conjunction, even with your top people, we designed a wall that was terrific. you see it as steel, but it's not really. it's steel on the outside. it's hardened concrete on the inside of the ballards, and then also rebar and it's a very heavy rebar and a very powerful rebar, very strong rebar, steel, so we had steel, concrete and steel and when they cut through it, they got to really want to get through. they got to really want to get through, and we've had almost no instances of that, so we built a wall that was not penetrated and we were just about finished, and then we had an election where we did much better than we did the first time and amazingly, we lost. check out the new york election today, by the way. they just realized it's a

disaster. they were unable to count the votes did you see it? it just came out. they are missing 135,000 votes, they put 135,000 make believe votes in, our elections are a disaster, but this election, because of you and dan and ken and everybody, i want to just thank the people of texas, because we won in a landslide. it wasn't even close. i always said, you know, they were saying well texas is going to be close. i said well i'm in favor of oil. i'm in favor of god, and i'm in favor of guns. and they're not and if you're in texas and you don't like guns, god, and oil, i don't think you're going to do too well and they didn't do too well, they did poorly, but we did well, and we did well in other states too. we did well in states that we lost, we did really well much better, we got 12 million more votes than we got the first time one of the media called up and they said could i ask you what was the difference between 16 and 20?

i said well, the big difference is we did much better in 20, and they thought about it and said you know you're right isn't it? but the vote counting was probably a little bit better for them in 20, because what we've done was appreciated by the people and we got to get our elections straightened out because you're going to have a runaway country and have a banana republic and have a third world country here pretty soon because our elections are a mess , but i just want to thank all of the sheriffs of my friends, thank the governor, the lt. governor and i'll tell you what, good luck, ken and i know you have a little race coming up? and i'll be making an endorsement of somebody in the very near future. how many people are running against you, ken? >> two. >> two, that's all? >> that's it. >> that's not bad for you. no we're going to do fine. >> anyway, but he has done a really good job, so, and as my doctor, right over there, my doctor. he said you know, sir, if you want, you're really smart. you ought to take the cognitive

test. i said oh, what's that? dr. ron in, now we call him mr. congressman. what a job you've done ronnie. they went after him and it didn't work out too well, there you are the democrats went after him like you wouldn't believe but he did a test, did i ace it? >> yes, sir. >> i'd like to see biden ace it he will get the 35 questions, and the first two or three are pretty easy. >> the animals. >> is this a lion or giraffe? when he gets to around 20 he will have a hard time, i think he will have a hard time with the first few actually, but so we really have something to be really proud of what we did and honestly very simply, we have to do it again, have you to go back , stay in mexico. that was very hard to get. that took us litigation, dealing with mexico, i really think the president of mexico is a great guy. surprisingly, he wants to see this work out, because he has people pouring through his country by the millions, by the

way. i see 100,000 here, for every person you catch, and these experts say four or five get through, but i think it's a much higher number than that. you know it's a big border. i think it's a much higher number so now the wall has stopped a lot of it and you're going to finish up some of the wall and maybe they are going to finish it up. they are under a lot of pressure to finish it up so maybe they finish it up. you know, tom is probably saying i doubt it. the real question is do they really want open borders or are they incompetent? there's only two things. you're either incompetent, or for some reason, you have a screw loose and you want to have open borders. now, the problem with the open borders is that countries are opening up their jails, they are opening up their prisons, you guys see this , and they are letting all their prisoners out. you notice their prison populations are way down. they do it very slowly, because they don't want people to know this , but i know it, and they are letting all of their murders

, rapists, drug dealers and human traffickers out and they are coming into the united states of america at a level like we've never seen. they weren't coming in with us, and in fact one of the quick stories i tell is that when we first started, i said get them out and i said really, more than anybody i guess to you, mark, you and tom, i said get them the hell out. the ms-13 gang members who they say are the worst in the world, they certainly might very well be, i see what they do with knives where they cut them up into small, they cut people up into small pieces because it's more painful than using a gun. i said get them out. neil: you've been listening to donald trump, he's at the border with governor greg abbott, still talking about the election, he says that was rigged and just a point of clarification the president did in fact do much better in 2016, about 12 million votes better but unfortunately, for him, the other guy, joe biden, the

president of the united states right now, did even better than that by another 8 million votes, the charges of fraud have yet to be proven after 65 court cases, not even republican judges that have merited the protests. but again, this is about the border, and the president indicating today, he thinks that this president has given up on it and the nation is paying dear ly for it. we'll keep you updated on that and also keeping you updated on bill cosby. today, a free man, because his case has been thrown out, after this. some say this is my greatest challenge ever. but i've seen centuries of this. with a companion that powers a digital world, traded with a touch. the gold standard, so to speak ;)

neil: you know, in the middle of everything going on today, house panel convening on cryptocurrencies and the whole rush, whatever you want to call hillary vaughn monitoring that. hillary is on top of all this stuff on capitol hill right now. hey, hillary. reporter: hey, neil. well crypto has a bad wrap among some lawmakers here on capitol hill, but experts today tried to

revive the reputation that cryptocurrency has, telling lawmakers it's not just for tax evaders, it's not just for criminals, but even though cryptocurrency is like bitcoin, is the ransom payment of choice for hackers looking to cash in on cyberattacks, lawmakers today we're told that the blockchain technology and encryption capability that crypto is based upon could be the key to prevent more cyberattacks help secure financial institutions, government agencies from future attacks but lawmakers today were split on whether crypto should be regulated more or simply eliminated. >> cryptocurrencies have the political support of the patriotic anarchists who are rooting for tax evasion, i hope we shut it down. >> if you want to ban risk, well guess what you also ban reward and ban innovation. reporter: even advocate of crypto say congress does need to write the rules say there needs to be enforced regulations that detail when crypto is a currency , when it's a security

or a commodity. house financial services committee maxine waters also raised the issue today, saying that investors and regulators are also really kept in the dark , when a hedge fund is invested heavily in a cryptocurrency, right now there's no reporting requirements that would require a hedge fund to notify investors or the government how much crypto they have on hand, how invested they are in it, neil? neil: got it, thank you, hillary very much. markets have a lot to digest today, so much news, right? what direction do you think they are going in? kind of the direction they've been going in this quarter, this half year, and it all wraps up today, half way through it today, markets have been pretty good, after this.

uno, dos, tres, cuatro! [sfx]: typing [music starts] [sfx]: baby crying [sfx]: foot strikes ball [teacher, in asl]: “two whales swimming together..." [sfx]: whale sounds [sfx]: woman shrieking with joy. [sfx]: lock click [sfx]: happy screaming

[music ends]

neil: all right, we still got a couple hours to go but the markets are looking at fairly heavy advances, certainly on the month, on the quarter, the half year it all wraps up today, so how are we doing, real clear markets editor, scott martin kings view asset management, scott, you know, anything can happen in the second half, given all the crazy undercurrents and news developments and concerns about festering new cases of delta covid and all of the rest, it's

amazing to me that we're looking at the gains we are, but they are substantial. what do you make of it? >> agree. anything can happen, and usually does, neil, as we've learned over these last several years. i like how you set it up though, because i was thinking as you were asking the question, people are almost getting a little bit too sanguine about the markets. you talk about all this economic growth, you talk about all of the job growth and everybody is like oh, my god the economy reopens and things are great but there are these worries about the delta variant. i believe there are certainly worries about folks maybe not coming all the way back to the workforce. i don't know if anybody has tried to call customer service of really any company at home these days but it certainly doesn't work out very well because nobody seems to be there so the reality is that's just a personal problem i have. the reality is that there's enough push and pull here neil going on to where i believe the markets can keep rising as long as some of the news and some of the worry stays out there. neil: when i'm on the phone with them and say i'm scott martin,

damnit. >> they are going to hang up on you. neil: john what do you make of the underlying economy with just more data today that show pending home sales, the best we've seen since 2005, record prices for average homes, that sizzling retail sales, cars going over sticker price now, because people are just, you know, in such demand. that's a pretty good back drop. what do you make of it? >> well yes and no. let's never forget just broadly markets respond and make big moves based on surprise so what we've seen and i think this explains the rally is that joe biden was promising a major infrastructure package which be a tax on growth, he's not going to get it. there is all this talk of major major tax increases, there's no vote in a divided commerce to give biden what he wants and so i think there's broad market optimism he's being clipped off at the knees. when you look at housing though, that's a different thing. housing is not investment.

housing is consumption, and if you look at periods when housing has done best, the 1970s, the 2000 it's not a very bullish indicator because it signals a move of precious wealth into the consumption of something that doesn't make us more productive or cure cancer or create better software and away from the savings and investment that actually drives progress, so to me, that's kind of a bear ish signal. neil: all right, well, i'll derivative with you on that but scott just a bullish underpinning for people to be in this position, at all, says something but to his point, that it could lead to longer term issues. the market doesn't see those longer term issues for the time being. >> not at the moment but you get a few more data points like we've seen in housing lately, neil and i'll tell you those data points will backup kind of what john was talking about and i think one of the other problems about housing is as we've seen like he mentioned some of the periods when housing has risen so well, its crashed pretty darn hard afterwards, so i feel like if we

continue on this wild slope upward as housing is on right now, we may soon have a similar crash going forward in the next few years. neil: all right guys very much apologize for the truncated nature given all of the breaking news but very interesting read on all of this. again, we are awaiting to see bill cosby. he might pop out and address the press after all he's a free man, right now we'll be monitoring those developments stay with us. idea... and became a new tradition. this is financial security. and lincoln financial solutions will help you get there as you plan, protect and retire. . .

seeing blood when you brush or floss can be a sign of early gum damage. new parodontax active gum repair kills plaque bacteria at the gum line to help keep the gum seal tight. new parodontax active gum repair toothpaste.

♪. neil: all right. we are wrapping up with still a couple hours away from wrapping up what certainly has been a strong month for the markets, a strong quarter for the markets and a strong first half for the markets. we're on a downward slide. we go into new month 1/2. then it is near christmas, all that stuff. the bottom line for all the rocky news developments the markets advantages. my buddy charles payne reminds me markets like to climb a wall of worry and then some. hey, charles. charles: maybe in this case sprint a wall of worry, neil, appreciate it. neil: i have hear you. charles: good afternoon, everyone, i'm charles payne. this is "making money." breaking now stock indices keep edging higher and break records doing that. this is bifurcated market. you have to put away the darts. we're talking about specific stock picks because the winners are rewarded with outsized gains. luck would have it i have great guests on the show and they have great ideas to share with you.