inappropriate comments. one last check of the markets. we've been all over the place so far today. at the moment we're up 180 points on the dow. i will call that a rally. solid gain on the nasdaq. it is up 36 points. it did start out like this. we headed lower. now we're rallying. neil, it is yours. neil: stuart, thank you very, very much for that. we're still rallying in the face of all the concerns about the virus, its spread, all the companies right now that are really pouncing to not only make sure their own workers are vaccinated, increasingly any of their customers are as well. monitoring that. i first want to thank my colleagues and friends david asman, edward lawrence, jackie deangelis doing a great job when i was out. i wanted to take more time off. they kept telling me neil, they're doing a great job. take your time. i skedaddled back.

fastest i ever run and i'm not a runner. good to see all of you. when last we were talking about states and cities that were reimposing restrictions. some with mixed success. all of them with a lot of controversy. that number of companies and states, cities, municipalities, counties grown measureably. aishah hasnie in new york city. reporter: neil, lots changing here in new york city. we're seeing different rules being pushed out by states, cities, even companies now. it can get very confusing. let's break things down for you, right? eight states across the country have mask mandates, but only two, hawaii, louisiana, have true mandates. that means basically everyone regardless of your vaccination status you have to wear a mask indoors in those two states. the other six states like california and new york state only mandate masks for the unvaccinated but many local

governments have their own true mask mandates going on. that includes kansas city, missouri, as well as the counties of san francisco, sacramento, los angeles, palm beach and st. louis. as we mentioned here new york city as a surprise choosing not to mandate masks for everyone but today it becomes the first city in the country to require proof of vaccination to visit restaurants and gyms despite the fact that 3/4 of adults in this city are vaccinated with at least one dose of the vaccine. now let's throw in some companies stepping in their own rules too. mcdonald's, target, walmart, disney, ford, general motors, they will push mask mandates for their employees once again. mcdonald's will want customers to mask up in high transmission areas, keep that in mind if you get a get a big mac soon. cdc recommends masks if you live

in area where delta variant is highest that includes 80% of the nation's counties, states like louisiana, arkansas, florida, missouri, alabama, having the highest seven-day transmission rates. louisiana, arkansas, alabama, by the way also among the five states with the lowest vaccination rates. neil, we are seeing different, a lot of different rules being pushed out by different places. easy to get confused by it. hopefully now we kind of understand what is going on. neil: i can definitely see the trend, more names, more counties, more companies. ashiah was telling you, microsoft is requiring proof of covid-19 vaccinations for anyone entering its buildings in the u.s. it pushed back the full office reopening until october. this is a trend among the a lot of the technology giants including facebook, apple, google with varying degrees of

pushing back not only their in-person reopenings but even those who want to visit their facilities. you better be vaccinated and in good shape for that. let's get the read from edward lawrence how the president plans to deal with the very quickly shifting sappeds right now. edward, the administration want new covid and covid guidance set but it's a moving target, isn't it? reporter: the president in a few hours will try to clean up some of this. vaccinations, mask reversal and recommendations from the cdc. on the ground we're hearing anger, frustration, just confusion. you heard ashiah say about what these mask mandates mean. other statesman dating what the recommendations are. the cdc yesterday released some of the science they used behind the recommendation that they made, reversal they made about mask recommendations. in that the cdc said they used

470 cases of covid in a small massachusetts town to make that reversal of the recommendation. some doctors question whether that science was a little bit too small and study needs to be bigger in order to make such a big, widespread reverse hal. listen. >> but fundamental question here that we still don't know the answer to is, are asymptomatic vaccinated people spreading the virus because that one study the cdc used based in provincetown could be rebutted which another study in singapore. people who are vaccinated have a lot of virus in the nose but it disappears so quickly they are not contagious. reporter: administration using breakthrough cases as folks to get more of the vaccine. it seems to be working. u.s. over 70% threshold for people 18 and over. the white house defending position on mask and vaccines. the republicans are questioning

why now on the masks? >> it is not a representation of the rest of america at all, yet they use that to impose wide-ranging policy on everybody which is crazy. it will reduce vaccine up take. vaccine is extremely effective. >> but again he has said from the beginning beginning that weg to be guided by science and public health experts and we'll not take options off the table. reporter: white house press secretary from yesterday. in a few hours the president will hopefully clear all of this up. back to you. neil: hopefully. edward, thank you, for all the great filling in my absence. i understand you're a great guest booker besides. reporter: i'm glad you found a place to fix your tires. sorry about that. neil: that's fine, young man. please, i didn't take it personally. make sure he never appears again. edward, thank you very, very much. reporter: thanks, neil.

neil: let's go to dr. kevin campbell. cardiologist by training. great to see you. what do you want to see from the president? great to pick apart what the policy is, science changes i get that, but a lot of folks are confused what do you want to hear out of him? >> i think you hit the nail on the head. we need clarity. we need to stop focus on who wear as cloth covering and more on getting everyone vaccinated. we flip-flopped so month over the last six months. also when we put a stop on the j&j vaccine a little while we created more vaccine hesitancy. we need clarity. the vaccine works. it is effective. that is the only way out of this pandemic. neil: for the vaccinated, doctor, they're obviously chafing at having to wear masks indoors at some of these other states, municipalities, counties, even businesses because they remember the president saying you get vaccinated the beauty of that you don't need a mask. now apparently they do.

a lot have no intention, no matter what the requirement of ever putting one back on. what do you say? >> you know, i think we need to camely look at the data. i don't think we really know the answer to what vaccinated people should do. the predominance of the evidence suggests right now that if you're vaccinated you don't really need to wear a mask. we have conflicting data how that may affect the unvaccinated but the simple solution is get everyone vaccinated, particularly those with high-risk. we know right now that only 1/100 of a percent of people fully vaccinateed die from the delta variant. neil: that is a very good point. even lindsey graham, the senator said, had he not been vaccinated he would be a lot worse off getting, dealing with covid had he not. that aside, what are we to take from this, doctor? when you hear what is a serious

spike in cases among those already vaccinated, albeit very low levels, i'm glad you point that out, it is giving people pause. maybe those who have not been vaccinated another reason not to even try? what do you tell them? >> you know, i think we just need to hammer home the point that the vaccine is safe and effective. it is definitely making a difference. we know only .004 of 1%, for the mask folks out there go to the hospital with serious illness if you've been vaccinated and get the variant. most people can expect what senator graham had, mild sinusitis, upper respiratory symptoms. nothing that would send you to the hospital. the message is get vaccinated, it is safe, i said it twice, the only way out of this for the entire country. neil: doctor, microsoft the

latest company pushing back on in-person work, it was to happen in october or prior or after labor day. apple is doing a variation of that. google a host of others. we're hearing in new york, a number of financial and other firms are revisiting this. as a doctor, how would you advise them? >> you know i think that being careful and being safe makes a lot of sense but at the same time, i don't think it is so, you know, it is not great for the psychological health of all americans, not just schoolkids but adults. we need socialization, need to work with others. to be honest we're more innovative and cite tiff working face-to-face together. we have to balance caution with being very practical and moving forward in the country. neil: got it. doctor, always great catching up with you. dr. kevin campbell, following the developments. >> thank you. neil: the president will be addressing the nation a little later this afternoon what those new guidelines will be but it's

a very tough way to thread the needle here. we'll see what he is recommending, whether those vaccinated have to follow up on all of this. leading it up to cities and states to handle. comes at a time when the markets are taking all of this in stride. obviously the vaccine progress we've made, 70% of americans who already been at least given one shot of a vaccine has reached the president's goal, even though a little late, the trend is our friend. that is seemingly way the markets are digesting this. steve moore, former trump economic advisor. freedom works economic contributor, trump-nomics author, all around smarty pants joins us right now. steve, always good to see you. let me get your take on potential rehunkerring down. we're opening up. does it worry you on just a economic level? >> sure it does, neil. by the way, who would have expected this three or four, or

five weeks ago? it looked like everything was going beautifully for the economy. businesses all over the country reopening. we had nine million job openings. americans getting back on the job and earning paychecks. now we have this new development that is really spooked people. it is frightening to people. neil: yeah. >> and i am worried about new rounds of stay at home orders and lockdowns. we're starting to see the political class more move more and more in that direction. let's hope rationality works out because it can stall the economy in a big way. neil: at least the disruption. people never never having to put on the mask now are told put on the mask. that is adding a depressant to the whole thing. we're not out of the woods yet. i stress, i know you've been stressing as well, steve, these numbers overall still low. the hospitalizations while they

do, get a good deal of interests when the cases spike, still very low and they're not nearly as severe as our advanced cases or god forbid even deaths. having said all of that, i wonder if it will give companies pause not only getting workers back into the offices. we heard a lot out of the likes of microsoft, apple, technology firms, others who are saying maybe not now. explain the impact. >> you're seeing this all over the country. you're seeing restaurants, you're seeing stores, seeing in new york they're talking about broadway requiring vaccinations. if you haven't been vaccinated you can't go to a theater or restaurants. that will be anti-business. that will hurt business's ability to get customers in the door. you know i think the most effected, you're talking about the stock market impact of this, neil. i think big businesses are going to be much less november live

after negatively affected by this than the mom-and-pop stores, companies with less than 25 employees. that is so frustrating because over the last year-and-a-half the small businesses have taken the brunt of the negative impact of covid. you see, you report on this every day, google is doing awesome. amazon's doing awesome. walmart is doing awesome but the small businesses are really suffering and i just, i hate to see just at a time when they're getting their feet back on the ground all of these new, you know, orders that could substantially reduce their revenues and customer base. neil: you know what i wonder too, when a company like clorox comes along, the stock was falling last time i checked, 11%, largely on guidance, the concern women pack of higher prices, i'm cutting to the prices whether people will pay higher prices it is the first prominent company worried about that i'm sure others are in

similar situation. this inflation as you know, steve, with people willing to pay the higher prices but this seems to be the first sign there is a limit. are we approaching that limit? >> yeah, we are. when you get inflation, it was one thing 3 or 4%. now we're seeing five and 6%, rates of inflation. i'm not convinced that the fed has this story right. i hope they do neil, but i'm not convinced they have this tiger by the tail right now. and we've seen from the past that when inflation gets out of control it creates its own momentum. i do believe the inflation risk is one of the biggest factors in the economy right now. when you look at the potential black clouds. look, if we get this covid contained, i think the rest of this year looks really strong. you report on this, profits are really good for businesses right now. neil: right. >> but gosh, it is just, it is just so frustrating because

we're right on the cusp of a really good expansion. the other thing, i just got to say is, i think the worst thing to do right now is to continue to pass these multitrillion dollar spending bills because i don't care what president biden says, when you create, pass bills that are not paid for, that are leading to more debt and more money creation, that fuels inflation. that is just, that is economics 100. i think we're making a big mistakes with all of these huge spending bills that are really i think unnecessary at this point. neil: yeah, but democrats are using it as an excuse, you know, to say we need this now because we're not out of the woods but it is going to be something to watch. steve moore, thank you, my friend. >> thank you, neil. neil: steve moore on all of that. as you probably heard by now the other big story of the day we're following, new york governor andrew cuomo has been charged with sexually harassing multiple women. 11 testified against him to

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♪. neil: all right. the office of the new york attorney general has said that governor andrew cuomo sexually harassed women in violation of not only law but policies that were put in place in some cases decades ago. no response as yet from the governor from president biden who said back in march that if an investigation confirmed any of these claims against the governor, that he should resign, and quoting here, i think he would probably end up being prosecuted too. bryan llenas has been following actually from the very beginning this fast-moving story the very latest. hey, bryan. reporter: this is shocking in terms of the detail of the report and just how large it is. it is about 165 pages. they interviewed 179 current and former employees, 74,000 pieces of contemporaneous evidence, including emails and text messages, coming to one conclusion. that new york governor andrew cuomo sexually harassed multiple

women that worked for him. 11 women and ultimately he violated laws. here is attorney general letitia james moments ago. >> these interviews and piece of evidence reveal a deeply disturbing yet clear picture. governor cuomo sexually harassed current and former state employees in violation of both federal and state laws. reporter: some of the details here in terms of the women is pretty shocking. we knew about the executive assistant who was groped by the governor in the executive mansion. this report by independent investigators found that that was substantiated as well as a new report from a state trooper who was part of his security detail who says that the governor touched her stomach. that was something that was also new. it is not just the touching. there was also substantiated and corroborated reports here of him really saying unwelcome and

inappropriate sexual comments to these women and there was retaliation as well against people who came forward or even said anything against him. over the last five months, neil, we have heard the governor talk about, well when he first came out in early march apologizing for all of this. he said he was sorry for making the women uncomfortable but denied touching anybody. over the last few months his tune has changed. he is calling this investigation a political witch-hunt. listen. >> the attorney general is doing an independent review and i willfully cooperate with that review. i have concerns as to the independence of the reviewers. that is what i've said, and is this all happening in a political system? yes, that is undeniable. reporter: it went from wait for the facts to this is a political witch-hunt. a statement from the state assembly leader carl hasty a

democrat, he released a statement said in part, findings in the report are disturbing. our hearts go out to all the individuals who had to endure the horrible experience. the conduct by the governor outlined in this report would indicate someone who is not fit for office. that is a big deal. the reason is, what happens next, no criminal charges from the ag's office. this was a report. it is now up to these victims to go, the civil route or go the criminal route on their own. in terms of what happens to the governor, this all hands in the state assembly's corridors. they need to decide whether or not they will impeach the governor. an impeachment investigation is underway. carl heasttie, the state assembly speaker, is the strong est statement. he said the report alone would not be enough to impeach him, seems like the detail that has

changed. the governor, neil, has been eager to tell his side of the stories. we'll see if he does that today, neil? neil: thank you, bryan. kelly jane torrence, "new york post" is with us now. kelly jane, where do you think this is going? the governor is intent on running for a fourth term. i imagine this clouds that, but there are some pushing for him to resign or face impeachment. where do you think this heads now? >> this is a real blockbuster report, neil. as your reporter mentioned, governor cuomo has refused to step down despite these allegations of sexual harrassment, despite investigations into his coverup of nursing home deaths due to his policies, and of course due to using state resources to write his book for which he got a 5 million-dollar advance. but i think that your reporter noted, carl these at this's words, the speaker of the new york assembly are very important, he seems to have been

slow walking the impeachment investigation into the assembly. it seems clear he was trying to protect cuomo. for him to come out and say this report, it sounds like the governor is not fit for office, this is a big deal and it does suggest that governor cuomo is losing the support he has had in the assembly. many democrats came out against him and said when these first allegations came out he should resign. he muddled through. since then he has had photo-ops with some democrats who called for him to resign. they changed their minds. they thought he would stick around. this is very serious trouble for the governor. neil: the president stays mum and all the comments he said in march if an investigation yields truth to any of these claims he should leave. furthermore should be prosecuted. he doesn't seem to have many friends? >> no. you're right. and, you know, i think the

president is going to have to say something and certainly you wonder if it had been a republican governor having a report come out like this if he would have said something already. but i mean this report is damning. it includes allegations that the public didn't even know about. many of these women have come forward. allegations were reported in the press this includes some new ones including a state trooper who cuomo met at an event, inquired about her joining the protective services unit, the unit that guards the governor. she did not have three years of service required. they made an exception for her. she joined the unit. according to her in this report, governor cuomo sexually harassed her, touching her multiple times, treating her differently from the male state troopers on the unit. so there is a lot of really damning stuff that if you go through this 165 page report it is even worse than what was reported already and that was really bad, neil. neil: yeah. after 11 hours of his testifying

to this attorney general board that had been set up to inquire about all of this, kelly jane torrence, of the "new york post," thank you on all of that. the dow is down 144 points hire. we'll take you to the border pretty soon the president is addressing with some latino leaders what to do about the situation right now is, what's the term? out of control? my retirement plan with voya keeps me moving forward. they guide me with achievable steps that give me confidence. this is my granddaughter...she's cute like her grandpa. voya doesn't just help me get to retirement... ...they're with me all the way through it. voya. be confident to and through retirement.

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♪. neil: all right. we heard from the new york attorney general. now we'll hear from the new york governor that that attorney general walloped with a report that was damning saying that the governor went too far, was harassing close to a dozen different women over the course of the last few years. that enough was enough that he violated state laws and ethics

conduct. the governor is saying that there was inherent bias within that attorney general group that was investigating him and apparently it brought fiery responses among the 11 hours of testimony he did give to that group. when he speaks we might take you there, find out what he has to say about all of this. the president of the united states who has not commented on anything going on with governor cuomo is meeting with latino community leaders to discuss obviously immigration reform, the economic agenda, what is happening at the border. bill melugin in la joya, texas, with more on all of that. hey, bill. reporter: good afternoon to you, neil. border patrol agents in rio grande valley are completely overwhelmed. just this past weekend dhs sources told me border patrol stations in the mcallen area were surging 600% overcapacity.

we have another border bus as another group of migrants come across. it is never ending day in, day out. we'll show you that. live fox drone over city of mission, 20 minutes away from us. you're looking at the bridge where there is a massive group of migrants still underneath that bridge, several hundred strong. we've been showing you guys this live shot the past few days. it has been absolutely packed under there with migrants waiting to be processed. a popular crossing area of the rio grande nearby. this sector completely overwhelmed. this weekend alone they had over 8,000 apprehensions. hook at video we shot in la joya last night. this happens across the border. the group is jubilant. show up. they wave to the cameras. one guy does a flip. they claim asylum, they have a family unit, they will be dropped at the catholic charity,

given a bus ticket and they can go anywhere in the united states. this morning la joya, rain or shine, middle after thunderstorm, another group showed upturning themselves into border patrol. this plays out here every single day like clockwork. take a look at these wild photos right here. this is from eagle pass in the del rio sector. basically a delivery driver called the local police department out there after he was going to deliver a box, it started moving. they opened it up with a woman inside from honduras. unclear if she was smuggled or put herself in there. border patrol was called. she was apprehended taken into custody. this crisis shows no sign of slowing down. staggering numbers, u.s. says they will hit 210,000 encounters with migrants here at the southern border that would set a brand new 20 year record high over the month of june which itself was a record at 189,000. we're talking more than 20,000

higher. the biden administration previously said this is cyclical, seasonal. it will slow down. there is extreme progress being made. those comments do not appear to be based in any reality based on the federal government's own numbers. we'll send it back to you. neil: bill melugin thank you. i want to go to congresswoman maria salazar, the florida republican is arguing whatever the president's efforts to make nice, reach out to latin american countries, south american countries, don't forget about cuba. she joins us right now. congresswoman, your concern is what? >> well i have two concerns after seeing the report that you just presented, what a mess, what a mess. it race mess for us, the cuban-americans and latinos in this country because what is happening at the border affects us more than anyone else. you know why? those people been here waiting, the daca, dapa, dreamers, those people waiting now they have

been forgotten because we have a border, we have a crisis at the border. we have to pay attention to the to the urgent, not so much to the important. so what is happening at the border is very bad for my community. i presented an immigration reform law i will present at the end of the summer bald dignity. we need to fix the border and give dignity to those here already. you said we had 200,000 new immigrants or new asylum-seekers just in the month of july. what will we do? but the biden administration is not showing leadership at the border or on the cuba issue. neil: so, the administration's approach right now on cuba, look at sanctions but you say not enough. so what would you like to see? >> nothing has been done, neil, because the biden administration can do two things we have been repeating over and over again

with lots of respect. i have been saying three things. this is nothing to do with political parties. i may be a republican. we have a democratic administration. i'm willing to give them all the credit and i, there has been silence. number one, number two, he can show leadership. he can show to the rest of the world he is with the cuban people and that he wants to be cuba and not with the regime. number three for me the most urgent, internet, wi-fi. i am very upset, the biden administration. neil: his advisors have been saying to the world and international community and to my community that the internet, restoring internet on the island is very difficult, it is not so easy. you know they have been misrepresenting the facts. i have done ample research and i can say to you right now that installing or bringing internet wi-fi to the island is easier than we think. you know, as the biden administration doesn't want to

do it, the cuban-american community in the united states will and we'll pay for it. we're waiting for biden to say, what is he going to do? you know, when i say president biden, i want to give him the benefit of the doubt. i'm not sure he is really receiving the information the way it is but i do know his advisors are completely misrepresenting reality to the president. neil: we'll have to see what he says if anything on this because he has been really quiet on it. congresswoman, great seeing you. >> very. neil: thank you. >> wonderful. neil: we want to bring you up to date -- good to see you, congresswoman. jumping on there to point out we know what is going on with stocks. you know what is going on with bitcoin, it is falling 3% on news that the sec chairman gary gensler wants more authority to police the cryptocurrency, he says high time has come to do just that. we'll have more after this.

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♪. neil: all right. microsoft the latest company to say, well, we're going to delay in-person work until october following likes of apple, google, facebook, to a limited extent, they're all delaying all of this. that is more of a west coast than an east coast event, certainly than the financial sector. our charlie gasparino is reporting they're in no rush to push back. charlie, what do you have for us? >> we do have, there may be some movement on this, neil and i say maybe. there is no decisions, final decisions being made here but we do know that jpmorgan, the nation's largest bank, one of the largest banks in the world, is reevaluating its office policy, its return to office policy amid the delta variant surge. right now it is looking at whether they should do something, tweak it, stop it, they're actually asking people, they have one of the strictest back to office policies. they're asking people to come back to the office now, then and

goldman sachs are among the strictist. but we do know that jpmorgan is soon going to decide whether it needs to tweak this or change this policy pivot away from this policy which is basically a return to office now, so the, for most employees. so we're waiting on that. it is, from what i understand, they're going to, going to make a decision whether they need to tweak their policy imminently. it could be today or tomorrow. it is coming down the pike. they are in the middle of a reevaluation. goldman sachs, the other firm that has a very strict back to office policy, again wanting people to come back now, is continuing to monitor the situation. we hear there is no change there as of now but clearly if they get some different guidance from the state or the city, because remember, all these places are headquartered here in new york which is the nation's largest city. there are certain precautions you have to take amid the delta

variant surge, they could change things as well but from what when he understand they're in much more of a wait-and-see attitude. jpmorgan is clearly ramping up their decision-making process and one interesting thing from morgan stanley, the other firm with among the strictest back to office policies. james gorman, the ceo of morgan stanley, has said that he wants people back in the office largely by labor day. they haven't decided whether to push that back or not. they're still monitoring the situation. it is still come back to the office. the official word is come back to the office as of labor day but ternnally they're ramping up, essentially forcing their employees which they didn't do in the past to do this daily health check what i'm told by morgan stanley employees, you have to essentially say, you've been vaccined, every day you have to say you got the vaccine. plus you have to say if you have any covid-like symptoms. if you do, did you get the test

or not. so they're clearly doing something over there. they're ramping up their scrutiny of their workforce and whether people have the symptoms of covid amid the delta variant surge. so stuff is happening. it's not like what is going on the in the west coast but those are the three biggest banks here, three major wall street firms. and they are, they are on high alert as the delta variant surges. goldman sachs actually gave us a statement. they have had vaccine reporting requirements since june 10th. employees are required to submit their vaccine status. unvaccinated individuals are required to isn't to regular weekly testing, and wear a mask in the office. they're doing stuff here on wall street. i think we'll have a better idea by the end of the week, neil. back to you. neil: they tend to take their cues from whatever the local government, what has been happening out west. >> yes. neil: whatever the local government other state is proposing or recommending so we'll see. thank you, my friend.

great job as always. charlie gasparino following that. we're learning a little more about andrew cuomo and what he might say when he addresses folks in about 10, 13 minutes from now. he is apparently particularly ripe that this behavior included close to a dozen women and accusations that he harassed and treated them far worse, that extended to other state employees including a state trooper on his protective detail and members of the public. the attorney general's report is saying that. we're told that is one thing the governor wants to make clear was never the case. we'll keep you posted. he is about to talk to the press in a little more than ten minutes. u should ten-x it. - ten-x it? ten-x is the world's largest online commercial real estate exchange. you see it. you want it. you ten-x it. it's that fast. if i could, i'd ten-x everything. like... uh... these salads. or these sandwiches...

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♪. neil: well after losing the top spot as the world's richest human being for about 24 hours, jeff bezos can now reclaim that after a comeback in amazon's stock. briefly it was usurped by bernard arnold, runs tiffany, bernie will have to take the silver.

he is no longer the richest man. jeff bezos is. go to apple right now, that chairman there, does not own nearly as much stock in the affected company. his company is the most profitable in the world right now. talking about apple and talking to susan li and ray wang on these developments. susan, if you think about it, apple, obviously a cash machine here but what's striking in this report is how it is lapping its competitors particularly so many areas which it can gather income, you know? >> imagine if you get an apple car in the future. we did have elon musk tweeting about his conversations, he would have loved to have a conversation with tim cook when tesla was 6% of the current value now and tim turned down the meeting. i am not surprised apple is the

most profitable company on the planet. does it surprise you? look last week they made $21 billion in three months. that is a record spring quarter for apple. $21 billion on cold hard profit on $80 billion in sales. that is profit margin of 25% for a company of this size. this company only gets people more addicted raising their prices, and new businesses they're getting into which have been proven successful. neil: ray, if you think about it too, the only thing in the way of the company is the stock price that more than reflects all of this, or does it? what do you think? >> you know i think the stock price should still be up. we're targeting 170, neil. the main fact that apple is getting 25% margin in a hardware business, but if you look deeply it is more than that it is the services are carrying it and we think services will actually drive up to 350% of apple's revenues and that is where you're seeing high margins on

the service side because hardware is a tough business to get to those margins. apple has perfected that. they are going after the services piece. apple card, streaming services, think about the support. neil: when you talk to tim cook, obviously the virus, new cases of that popping up globally, even leading to new restrictions, that could, you know, prompt delays, you know, in revenue going forward from a number of hot products including a new phone this fall. i'm wondering is he concerned about that? he telegraphed it among the issues he sees going forward. didn't seem too panicked by it but -- >> no. i spoke to him last week on earnings as well, neil. he spoke about the delta variant, how it is pushing back the return to office by a month. now in terms of how it impacts the economy i think he is pretty much in line with what federal reserve chairman jay powell has said. he has not seen an impact when

it comes to consumer demand and the business itself. he says that the u.s. is extremely strong, in economic terms. really he is seeing geographic strength around the world in china as well because you saw in the quarter last week, again in earnings, it was really geographic records across the board around the world. neil: as a stock, ray, at these levels, would you recommend it someone buying fresh today? >> i definitely would. i have mean we're definitely seeing growth with or without a pandemic. apple succeeded despite the retail stores being closed. demand for digital, demand for goods in terms of like hardware from the macs to the ipads it went up. saw recently delta air lines upgraded to their ipad pro. they were able to go it to figure out how to streamline their operations. both enterprise side and consumer side are hot. we're seeing growth on the enterprise side as well. we're in the middle of a refresh cycle. only apple's phones are on 5g.

still 60% on the back end there. we'll never know what new mac pops up in the september announcements. neil: yeah they have always got surprises. susan and ray, thank you, guys. we'll keep an eye on this with a dow continues to advance along with all these worries after this and along the ride, you'll have many questions. challenges. and a few surprises. but wherever you are on your journey. ... each with a time and a place they've been promised to be. a promise is everything to old dominion, because it means everything to you.

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neil: all right, governor andrew cuomo is responding to charges outlined in a general report that says he arrests multiple women including a former private security officer assigned to his detail. let's listen to the governor. >> much different than what has been portrayed. that document is available on my website. if you are interested, please take the time to read the facts and decide for yourself. first, i want you to know directly from me that i never touched anyone inappropriately or made inappropriate sexual advances. i am 63 years old. i've lived my entire adult life in public view. that is just not who i am, and that's not who i have ever been. there is one complaint that has

been made that bothered me most. that was a complaint made by a young woman charlotte bennett, who worked in my office, and it's important to me that you fully understand the situation. charlotte worked in my office last year, as an assistant. she was smart, talented, and eager to learn. she identified herself to me as a survivor of sexual assault: she said that she came to work in my administration because of all the progress we had made in fighting sexual assault. she talked about the personal trauma that she endured and how she was handling it. i could see how it affected her. i could see her pain. people now ask me, why was i even talking to this young woman if i knew she was dealing with such issues?

why did i even engage with her? that is the obvious and fair question, and one i have thought a lot about. the truth is that her story resonated deeply with me. i had heard the same story before, with the same ugliness, the same injustice, the same damage. not only had i heard the story before, i had lived with the story before. my own family member is a survivor of sexual assault in high school. i've watched her live and suffer with the trauma. i would do anything to make it go away for her but it never really goes away. i spent countless days and nights working through these issues with her and therapists

and counselors. i'm governor of the state of new york, but i felt powerless to help, and felt that i had failed her. i couldn't take the pain away. i still can't, and this young woman brought it all back. she's about the same age. i thought i had learned a lot about the issue from my family's experience. i thought i could help her work through a difficult time. i did ask her questions i don't normally ask people. i did ask her how she was doing and how she was feeling, and i did ask questions to try to see if she had positive support of data relationships. i know too well the manifestations of sexual assault trauma and the damage that it can do in the aftermath. i was trying to make sure she

was working her way through the best she could. i thought i had learned enough and had enough personal experience to help her, but i was wrong. i've heard charlotte and her lawyer and i understand what they are saying, but they read into comments that i made and draw inferences that i never meant. she ascribe motives i never had, and simply put, they heard things that i just didn't say. charlotte, i want you to know that i am truly and deeply sorry i brought my personal experience into the workplace and i shouldn't have done that. i was trying to help. obviously, i didn't. i am even more sorry that i further complicated the

situation. my goal was the exact opposite. i wish nothing but good for you and for all survivors of sexual assault. there is another complaint i want to address from a woman in my office who said that i groped her in my home office. let me be clear. that never happened. she wants anonimity, and i respect that so i am limited but what i can say, but her lawyer has suggested that she will file a legal claim for damages. that will be decided in a court of law. trial by newspaper, or biased reviews are not the way to find the facts in this matter. i welcome the opportunity for a full and fair review before a judge and a jury, because this just did not happen. other complaintants raised

against me questions that have sought to unfairly characterize and weaponize everyday interactions that i've had with any number of new yorkers. the new york times published a front page picture of me touching a woman's face at a wedding, and then kissing her on the cheek. that is not front page news. i've been making the same gesture in public all my life. i actually learned that from my mother and from my father. it is meant to convey warmth, nothing more. indeed, there are hundreds, if not thousands of photos of me using the exact same gesture. i do it with everyone.

black and white, young and old, straight and lgbtq, powerful people, friends, strangers, people who i meet on the street. after the event, the woman told the press that she took offense at the gesture and for that, i apologize. another woman stated that i kissed her on the forehead at our christmas party and that i said " chow bella." now, i don't remember doing it but i'm sure that i did. i do kiss people on the forehead i do kiss people on the cheek. i do kiss people on the hand. i do embrace people. i do hug people.

men and women. i do, on occasion, say chow bell a. on occasion, i do slip and say sweetheart or darling or honey i do banter with people. i do tell jokes, some better than others. i am the same person in public as i am in private. you have seen me do it on tv through all my briefings and for 40 years before that. i try to put people at ease. i try to make them smile. i try to connect with them, and i try to show my appreciation and my friendship. i now understand that there are generational or cultural perspectives that frankly i hadn't fully appreciated, and i have learned from this.

now the state already has an advanced sexual harassment training program for all employees, including me , but i want new york state government to be a model of office behavior, and i've brought in an expert to design a new sexual harassment policies and procedures and to train the whole team, myself included. i accept responsibility, and we are making changes. other complaints relate to the work environment. now, i have always said my office is a demanding place to work, and that it is not for everyone. we work really really hard. my office is no typical 9-5 government office, and i don't want it to be. the stakes we deal with are very

high, sometimes even life and death. we have to get the job done. i promised you that i would, and i will, but now, a number of complaints target female manager s, which smacks to me of a double standard. first, when have you ever seen male managers maligned and villainized for working long hours or holding people accountable or for being tough? a strong male manager is respected and rewarded, but a strong female manager is ridiculed and stereotyped. it is a double standard. it is sexist, and it must be challenged. also, remember where we are. today, we are living in a super-

heated, if not toxic political environment. that shouldn't be lost on anyone politics and bias are interwoven throughout every aspect of this situation. one be naive to think otherwise, and new yorkers are not naive. i understand these dynamics. my father used to say, god rest his soul, that politics is an ugly business. as usual, he was right but for my father, and for me, it's worth it, because despite it all , at the end of the day, we get good things done for people, and that is what really matters, and for those who are using this moment to score political points or seek publicity or

personal gain, i say they actually discredit the legitimate sexual harassment victims that the law was designed to protect. my last point is this. i say to my daughters all the time that as complicated as life gets is as simple as life is. my job is not about me. my job is about you. what matters to me at the end of the day is getting the most done i can for you, and that is what i do, everyday, and i will not be distracted from that job. we have a lot to do. we still have to manage the covid beast. it is not dead yet. it's not over. we then have to reopen and re imagine our state, because our future is going to be what we make it. i know we can do these things,

because i know the strength and the character of new yorkers. look at the progress we made on covid. it is amazing. we went from the highest infection rate in the country to one of the lowest infection rates in the country. nobody thought that we could do it, but new yorkers did it. that shows that there's nothing that we can't do when we work together. together, together as one, as one community, as one family, as new yorkers, we will. thank you. over the past several months -- neil: all right obviously, that was well-produced on part of the governor and his staff to include photos. this is something that fox business or news channel inserted here. these were photos that the governor had already placed in there to prove that he is a

hugger and a touchy feely but nothing more than that type of leader. he has stressed that he never touched anyone inappropriately or made unwanted sexual advances but already, the democratic leaders in the assembly and the legislature have indicated right now that all of these allegations that came in the attorney general's report are very very troubling and that he has little, if any, support in those respected bodies now. whether that means they would move toward impeachment or push him to resign, he still has a little bit of more than a year to go in his term before he want s very much to run for a fourth term, but that certainly looks more problematic as we speak. jackie deangelis following all of these developments. what was so damming i guess in the attorney general's report, jackie, was this legions of women, 11 of them, who all gave very credible charges against

the governor. some to the point of raising potential criminal issues here, although this was not a criminal filing, but it raises serious questions going forward for the governor and the impact he can have right now with this hanging over him. what do you think? >> it certainly does and if i can react just to his statement there i think what he's maying clear to the public is he's not going anywhere right now, neil. he is not resigning, and in fact , he really was making an appeal to the public essentially saying that this was a miss interpretation on the part of these women, but you just had their pictures up there one does have to sit back and question whether so many people could missinterpret what is, he's basically describing as innocent banter. it be difficult to say, now, as you said, the attorney general is saying this is not a criminal probe in anyway. this is a civil case and i think that he is hanging his hat on that, saying that he can kind of , he'll be able to get through

this without any kind of repercussions but i'm just really not so sure, because you talk about what happens with covid-19 and the nursing homes, some of which many people feel he was responsible for , but essentially, let off the hook. i'm not sure people, constituent s are going to want to let him off the hook for this , this is very very serious what we're talking about here. neil: and the fact that it was a democratic state attorney general who led this report, obviously the governor had a problem with whether that report gathers were unbiased i think he was referring to mr. kim, of course who assembled a lot of this data here, that he was not an impartial observer but that for the time being appears to be falling on deaf ears when the powers that could troll all the levers in new york politics, they boss reall democrat and they're saying pretty much to a man and woman, this ain't good. i'm just wondering how this proceeds now. >> it's difficult to know but i agree with you, neil. it's not good. it's more than a black eye, and

you know, i appreciate the way, as you said they put together a very well-produced statement, a very well-produced event there, and the photographs were particularly interesting, because this evidence, right? i do this with everybody, i bant er in this way with men, women, straight, gay, whatever the case maybe and nobody else seems to be offended, but these women. listen, we live in a different age. we've talked about me too, we've talked about me too and the wake of cosby walking away from his particular situation. we've talked about harvey weinstein, we've talked about how people interact in this day and age in the workplace and i think the governor being a leader is first and foremost to sort of step back and be able to reflect a little bit on that, even if his intentions are innocent, you do have to understand that your interaction s aren't always taken that way and there's some interactions here specifically in this report that move past just a kiss on the cheek.

neil: yeah, jackie, if you can just stay there i want to bring new york post columnist kellyanne torrence into this. we talked about this being a report out of the attorney general' office, and the fact of the matter is one of the women involved did relay a couple of these matters to the police, so there is the potential of something developing criminally out of that. we don't know, what we do know that in the middle of this covid resurgence in new york state and in new york city so much so that new york city, the mayor is now urging companies to require not only mask mandates, but proof that workers and those visiting their respective buildings when they do reopen to everybody, are making sure that everyone has been testing negative for covid so the irony with all of this now is that it's the new york city mayor who seems to be a far more relevant and

influential figure at least in new york right now, than the governor. it's a weird sort of twist of events, don't you think? >> it is, neil and i'm sure the governor really hates that, because he does not like mayor deblasio and of course mayor deblasio does not like governorc but i was struck at the end of his statement when governor cuomo brought up covid and said, you know, we beat covid once and it's like he's trying to use the pandemic as an excuse for him to stay into office which is kind of incredible given that he touted his leadership and wrote a book with that title american leadership. new york has the second highest death rate per capita from covid in the entire country. andrew cuomo did not handle this pandemic well, and so the idea that we should keep him in office, because we're seeing a surge now is really quite incredible, but then the whole statement was really quite incredible wasn't it, neil? neil: yeah, you no one other thing too, and i was talking to the staff during the break about

this , but woe to the governor in this case who entertains running for a fourth term, right i mean, if it's father lost in new york and later consumed pata ki, who also failed in another shot at a fourth term , it's as if after three terms, people say already, enough already, now these are very different circumstances i grant you, but the one thing that came shouting out to me with his remarks is maybe he's just worn out of his welcome and he doesn't realize it? >> i think it could be that, neil. up in canada where i'm from you don't really have a prime minister for more than 10 years because people do kind of get tired of it but cuomo is trying to use his family members to defend himself which i find kind of disgusting and i can't imagine people in new york

especially older ones who remember his family will appreciate it either. he actually said he had a family member who was sexual assaulted in high school and he used that to say he understood the pain, and that's why he tried to develop this friendship, with charlotte bennett which was one of the former aids who accused him of sexual harassment so new yorkers in polls, we saw cuomo's approval ratings flip, not as much as you might have expected but what we did see was that people did not want him to run for that fourth term. even people who thought he should stick it out and go the rest of this term of course that was before this report came out even though said do you know what? you're done. finish your term, but you're done, and so i think he's going to have a very hard time, and i'm sure he would have liked who doesn't want to be able to do the thing their dad couldn't do, right? but it's just not going to happen. neil: you know, it's a very good point here, because i thought and jackie deangelis i hope is still with us right now, jackie,

this notion with bringing up his father and i remember governor mario cuomo, of course many said he should have run for president , i don't know how much of a touchy feely guy he was but i don't remember incidents like this ever coming up. it might have been a different time, it might have been all of that but the kind of things that are alleged here were nothing like any of the things that came up from a very in your face, very different kind of a leader, that is the governor's father, than the governor of present day himself, but having said that i think harkening back to his mother and father and this is just accepted behavior, i think that's going to be a very tough sell for people, but again, this is a guy whose political fortunes have looked dicey before and the chance of even getting a second term let alone a third term didn't look very good at different times. maybe he's in the depths of something just as problematic now but from which you can

recover i can't see how but what are you hearing from folks? >> well i think you're right in the sense he's kind of like a cat and he's had a few lives and he's bounced back before so i believe that he thinks that he can do it again and let me just say, when i said he doesn't look like he's going anywhere, i mean , voluntarily. he does not want to give up his seat right now. interesting to what you're saying about his father, for example. no, not to my knowledge, did i ever hear anything like this , and so he's sort of talking about how he banters with the family and kelly jane brings up the point with the situation the case of charlotte bennett specifically he brings up a personal experience to talk about how he was trying to help her, or possibly even mentor her. it almost sounds like if that were true, if that were the case , there be no miss interpretation. i'm not really sure if someone is trying to help somebody who is avior of or sexual assault how they could be misinterpreted that they could be sexual assaulting them. this is very serious, very

dangerous water he is going go neil.'s ae desperate, neil: youil kellyly jane, jane,e eeferenceef he m made aut uble sndnd for wom nant versus men i manant, men can m met away aw eing very very y yac me thing is i n nreatedwrying accusations cotimitimingromomenn hihieh towardowdowd the tfor r female.orav tavtherer i found thatindf intereinin >> eah, it'st't' bizarre foror someone lik l l cuomo t talk about a double standard and men being in your fake because you know, even before we knew about the sexual harassment allegations beings of course he had that in your face reputation and he surrounds himself with aids who operate in much the same way, and in the ag report again 168 pages, we see some interactions that reporters and editors had with

his staff, who are just as tough and really, trying to block publication of these stories, just as much as he was, so yeah, it's a little incredible for him to be saying that. you know, the new york post of course has done great reporting on this but the albany times even does some good stuff and you had reporters and editors from albany talking to melissa d e'rosa, and she was trying to send them charlotte bennett's personnel file to discredit her, you know, it's just in credible that they would treat a young woman this way to try to really ruin her life, in a way, by discrediting her, making her unhirable, making her look bad to the public, and instead of, of course admitting, you made a mistake, or even just denying the allegations. cuomo doesn't deny that he said things to her. he says they were misinterpreted

well i think when you read what he said and he's not disputing her transcripts from what he said, they're not easily misinterpreted. i think she said exactly what he meant and she took it to be exactly what he meant but again this is the governor whose a top guy, he wants to stay in and we've seen his aids will help him and it really goes to lows, real lows to do that. attacking a sexual harassment accuser trying to get reporters to give some dirt on her it's just disgusting. neil: all right ladies you can hang on there i want to bring in the adjunct professor constitutional law expert who joins us on the phone. john, you know, the attorney general made a point of repeatedly saying that this is not a criminal indictment, not a criminal report, it's the result of an investigation hearing from these nearly one dozen women and

others with tens of thousands of pages of documents, but legally where could it go? >> well sure. look at harvey weinstein, right? it could go anywhere. it could go in any direction possible, and so i'm not defend ing cuomo at at all just from a defense standpoint, you're his lawyer, you are absolutely treating this like it could become a criminal investigation therefore, everything that he, any statement that comes out of his mouth whether it's heard by someone else or in this case transcribed and in this case, during the course of a questioning by the attorney general's office and the context is a civil investigation, it doesn't really matter. this is now a statement that he's making and can be used against him at some point down the road, so he has to treat this like they could turn into a criminal investigation and so he's going to be very defensive and not really going to give anything. neil: you know, one thing that

came through, john, in some of his remarks, is that this has been called harassment. i call it just being a very tough and demanding boss. i'm just sort of conflating the gist of his argument here, but that be the grounds which i would guess some of those in the house and the state legislature would pursue impeachment efforts. we're not there yet, some have raised that as a possibility, but how does that fall out as an impeachable act, issues of harassment, issues of touching people inappropriately, the governor said he didn't think he was being inappropriate , so it's all in the eye of the beholder. where does this go legally if you're going to make or try to make a case of impeachment? >> so it's a good question, and there's an answer to this. i don't have the new york constitution in front of me so i can't look through the exact

language, but let's just start here, right? we've gotten to a point now, in 2021 and this is the reality and this is why every time, dalton alan dershowitz, i respect like crazy his work on this but i'm of the opinion that we reached a point where you can find an impeachable offense if you want. if you're the legislature and you've determined that you want to get a chief executive like a president or a governor out of office, it's like when he was a member of congress and before he was president, you know, an impeachable offense is whatever the majority of the house of representatives is designed as unimpeachable offense and i think the same goes for any state, and so i have to look at that, the actual article in the new york constitution, but i don't need to. i already know that you can, if you've got a majority of that legislature, in the wanting to get rid of andrew cuomo, and all cases of majority to vote out

articles of impeachment. neil: you know, this goes outside the legal realm but i'd be curious to get your take on issues that could force a leader to just resign as richard nixon did of course facing an impeachment anyway, or in this case, where you've lost whatever influence or cache you have, already seeing it play out in the new york city metropolitan area where far more are following what the new york mayor is saying about mask requirements and restrictions and advising businesses to make sure that their employees are testing negative for covid, then we're hearing about governor cuomo. it is what it is, it might be a snapshot in time but right now, this snapshot does not look good for the governor. he's sort of dead man walking, i'm saying that in a political sense, and i'm wondering if that is the kind of stuff, rather than the specific legal grounds of the case that could doom him. >> no, i mean, look if you go

through the different ways you can get rid of an elected official, especially a chief executive, presidents, governors , et cetera, it's really well-defined, and so you got to go through the options. so let's take out the governor of any state, let's put that aside for a second. in this case where they've become completely ineffective because he's bogged down with this investigation, does new york have the ability to have a recall? i don't think it does but look at in california. they clearly do, and they are going to go through it again with newsom, like with the president or what we talked about with president trump. is there a provision in new york 's constitution where he becomes incapable of serving the office because of some kind of incapacity? is there a mechanism where like with the president, the members of the cabinet can get together

and move the president out. those , again, i'd have to go through the new york constitution to answer that question completely but to answer your question, neil, is it ain't that easy to get a political official, a political chief executive whose been elected by the people and it's not that easy. you can force him out political ly by way of impeachment but you know, there's oftentimes not just a simple mechanism to say you are not disqualified. you can do that for members of congress. that's a lot easier to dis qualify someone in congress but very hard with a chief executive. neil: john thank you very very much. john pavia following all of these developments. we've not heard yet from the president of the united states, joe biden. you might recall that back last march, when this case was accelerating we got first wind of some of these accusations. the president said he was not going to judge it, but if an investigation, an independent investigation as the one we seen just carried out by the democratic attorney general

of new york yielded some truth to these accusations that in that case, the governor should resign, and if proven true, could be and should be prosecuted but that was then, no word from the president of the united states now. this after harassment probe included unwanted kissing, grope , and inappropriate comments involving no fewer than 11 women, two outside investigators said that in the process of gathering this they spoke to 179 individuals during investigation s that lasted a better part of five months, and involved tens of thousands of documents. the attorney general in new york is saying it was not a criminal probe. it's an investigation that is now done, and it is up to the state legislature and assembly, and the governor himself, to see what comes next. we'll have more, after this. limu emu... and doug. so then i said to him, you oughta customize your car insurance with liberty mutual, so you only pay for what you need.

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neil: all right, that didn't

take long to hear from the new york mayor bill deblasio on all of this. not even with 35 minutes ago he's talking about i want to read this report before i weigh in on it. well apparently, i guess he has read the report, and said right now, it's beyond clear that andrew cuomo is not fit to hold office, can no longer serve as governor. he must resign, and if he continues to resist and attack the investigators who did their job he should be impeached immediately. all right, so, we're following that. waiting to see if maybe the president of the united states himself will comment on this. the only time i remember him talking about this cuomo investigation was when it was in full throws here, and back in march, he said that he'd leave it to this independent investigation to come up with his conclusions, but if they concluded that this sort of activity was going on, arresting activity and worse, that the governor should resign, and actually, there's a lot of the allegations prove true he should be prosecuted that was then. haven't heard anything from the white house yet, but we have heard that the president is looking at some other matters that are certainly timely

including maybe providing more protection for renters who could be forced out of their homes, on the latest on that we go to edward lawrence at the white house. hey, edward. reporter: hey, neil yeah and you know we may hear from the president talking about governor cuomo, the pool is waiting to go into the state dining room the president right now is meeting with latino community leaders about immigration reform and economic plan the vice president is also in the room for that meeting so maybe the president answers a question on this , i'm sure he's going to get it. on the eviction moratorium the white house is using its mega phone to try and push local governments to maybe extend or look at their own eviction moratorium. you know, the moratorium, the federal one by the cdc has ended now so renters and in some cases who haven't paid rent in 18 months could now be evicted by their landlords. now we talked with a lawyer who represented clients in ohio and louisiana. he's a lawyer who represents landlords. he won cases there, saying the cdc overstepped his

authority. now his argument, today, is that landlords have to pay taxes, they have to pay mortgage, they pay for upkeep without any income in some cases, to do it. >> it is wrong to enforce a landlord to shoulder these public costs if we think that it's important as a society that we're providing this housing, okay, we cannot force just a group of landlords to shoulder those costs on their own. those costs have to be borne by the public if that's the public policy we decide on. reporter: part of the issue is that $3 billion of the $45 billion that is set aside in the american rescue plan has actually gone out the door for this. that represents only 6.7%. you see it there, now from the white house briefing room, gene spurling who overseas the spending of the american rescue plan says the administration has not been able to find the legal authority to extend the moratorium. he pushed the blame to local governments that could move more

of the state money given to them , to renters. he also blamed congress. listen. >> i'm not going to tell you that congress gave us a lot of sticks and punitive measures but we're doing everything we can, and we have. if you look at the may 7 guidance that we did, it was very significant, and it was widely-praised by advocates around the country. it sped up the time that you had to give funds to a tenant directly if a landlord didn't participate. it made clear you could do both payments. reporter: lots of blame going around the white house though saying they are still looking for that legal loophole to somehow extend eviction moors. back to you, neil? neil: you know, edward if you don't mind, on the cuomo thing here, that's a delicate area for the president, but the only thing that maybe gives him some cover here, party-wise, is the fact that so many democrats in new york have turned on the governor. many are urging him to quit now,

so i'm wondering if this has actually provided much more room for the president to say, you know, maybe heed their advice? reporter: and there is backing that, jefferies also coming out saying representative jefferies saying that cuomo should resign so you're starting to see those in leadership in the democratic party saying hey look this report is out it's time to resign so the president as you had mentioned and weighed in if proven true, then he should resign, so we'll have to see now that this report is out, is this enough proof for the president to come out and backup that. we will see him twice today in this briefing or this sort of pool spray that's happening momentarily with the latino leaders and also later on today the president will outline his covid vaccinations, talking about vaccinations, talking about the mask mandate, clear up some of that so we'll have to see if he addresses that. neil: ed while i have you but you're so good at taking these questions no matter if you're

prepared or not which you always are prepared but this other rumor that the president wants to decide soon on a fed chairman pick, and whether he would reappoint jerome powell, i wonder if you're hearing right now, whenever he makes up his mind, could be a month or so away, that the easiest or the safest move, whether it's a right move or not, i'm not judging, is to reappoint jerome powell, and that's what he's going to do. reporter: you know i talk to a lot of people about this debate and there's a lot of things working in the favor of keeping jerome powell. one, and a big one is that he works very closely with janet yellen, the treasury secretary, currently, when she was fed chairman. so they are kind of in line with their thinking, because they worked very closely together. they are friends, and janet yellen has a voice here in the white house, a very big voice from the president, so if you are looking at the candidate s that have been sort of bubbling and thrown around there, chairman powell has a huge voice in the room in order to stay and we know the treasury secretary is involved in those

economic meetings. she's also involved in briefing the president on certain things that the fed does so she has a big wisper in his ear to most likely keep the fed chairman. he's also had a very study hand on the federal reserve and monetary supply so he's been able to walk that line and work both sides where you don't have a lot of people very upset at the policies going on right now at the federal reserve. neil: gotcha, ed, i was going to try to stump you, my friend i failed each and every time but i'll get you just yet. thank you very very much. ed lawrence following this at the white house, the wow dow with all of these constitutional questions in new york state and whose running things and all that and concerns about covid cases speaking, look at that at the corner of wall and broad it's green and more green, after this.

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neil: all right, it's the big rush to go back to work, but for a lot of young parents there is the child care issue involved

here, because they're looking for it and its gotten a lot priceyer and now congress is looking at ways to help them out , if that's possible. hillary vaughn is more on this on capitol hill. hey, hillary. reporter: hey, neil well the worker shortage nationwide is new to some businesses, but not daycares. the industry has been grappling with a shortage in daycare workers for years and now president biden's plan to offer universal pre-k and child care could be a challenge if they can't find anyone to hire. a survey from the national association for the education of young children from july found that 80% of child care centers say they are having a staffing shortage. many of those daycares have at least one to five jobs open. 15% of them are trying to fill six or more positions, but president biden has said he wants to raise the wage for day care workers to at least $15 an hour to attract more workers but some centers say they already offer that and more and are still having trouble. some critics argue the push to

universal pre-k, would make child care more expensive. private daycares rely on pre-k aged kids to subsidize the money they lose on taking care of infants, a government takeover would essentially take the money maker away from daycare forcing them to raise costs substantially caring for infants and toddlers. greg collins looked at the cost of child care specifically in pennsylvania, that's a state that allows one teacher to care for 10 pre-k kids but only lets one provider care for four infants. his research found this. without the income from serving four-year-olds providers would face the choice of drastically increasing prices for infants, and toddlers, or closing up their operations, leaving neighborhoods and possibly entire regions without a child care provider. there also is a bottleneck of funding, neil, that congress set aside to help child care and daycare centers specifically get through the pandemic. $52 billion was set aside, so

far, only $4 billion has actually gone out the door. neil? neil: hillary, thank you. hillary vaughn in washington let's go to congressman the california democrat sits on the house oversight committee and u.s. agriculture committee congressman good to have you back, thank you. >> neil always a pleasure being on. neil: let me ask you first about this childcare help that's being bounced around right now. where does it stand? >> it's part of bernie sanders' reconciliation. it's part of the 3.5 trillion i expected to be passed, and here is the important thing, neil. no working family or middle class family would pay more than 7% of their income under this plan, so, the costs aren't going to go up. the federal government is going to make sure that we subsidize the healthcare or the child care up to your income level not being more than 7% of your total income. neil: but the costs could go up

for the government so for taxpayers it could go up, right? >> well, the taxpayers are going to have to pay for this , but we believe that it is a very very worthwhile investment, university of chicago economist james hegman, the disciple of the chicago school has shown that is the single best investment you can make in terms of a federal dollar. you're investing in a person's long term development, head start has been very effective. they need to be specialized services that these kind of investments pay dividends in the long run. neil: all right, we can go back and fourth on that, congressman. i be curious though to get your take on whether the spike in cases is going to be used as a rationale for this $3.5 trillion package. we've heard that many of your colleagues are saying this is proof that we shouldn't get our foot off the spending gas. do you agree with that? >> i think it's going to be used as a rationale that we have

to rebuild our economy. it's going to show that we need child care to get women back in the workplace and show we need to invest in education and community college to get people trained to reenter the workplace it's going to show we need to expand healthcare coverage on vision and dental as people's medical costs have increased, so i do think these things were needed regardless of the increase in the delta variant, in cases, but it adds to the urgency as we realize we're still in a precarious situation. neil: now, in california, it's so precarious that a lot of restrictions are being reimposed and i'm wondering, congressman, how you feel about that. a lot of people who have been vaccinated are alarmed that they have to put the mask back on, that they have to prove they have been vaccinated, and have to go back to things they thought they were months over from, and do you think that's beneficial? >> i understand people's frustrations. possibilities difficult, but i

support getting people masked. i mean, the reality is this. we didn't anticipate the delta variant, and the delta variant can be transmitted from one person to another, even if you were vaccinated. that wasn't the case of earlier variants so as you have new data , you have to adjust policy. that's what makes america such a unique and special democracy. we are data driven and i think it's a small price to pay to keep people safe. neil: you're in a state right now, governor, obviously are based in a state right now whose governor is being recalled in an election coming up. many are urging in new york that the governor cuomo at the very least face that, maybe should resign in the face of these harassment and worse allegations maybe be impeached just wanted to get your thoughts on all of this? >> i haven't read the report but just the headlines seem pretty bad and my sentiment is probably where hakeem jefferies

is if the report actually finds that he committed those inappropriate actions and engaged in sexual harassment then i don't see what other recourse there is but resignation but i'd have to read the report. i haven't read it but from the headline that be my view. look the recall is a very serious thing. it's a toss up right now and it could go either way. there is an intense, passionate group of citizens who want gavin newsom recalled i obviously am supporting the governor but i've always been blunt on the show and it's a real toss-up. neil: you had them, and we appreciate that. ro khanna. thank you very much, the dow up more than 210 points stay with us, more after this. usaa is made for the safe pilots. for mac. who can come to a stop with barely a bobble. lucia. who announces her intentions even if no one's there. and sgt moore.

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neil: all right. time for my buddy charles payne to make sense of these crazy markets and developments. hey there, my friend. charles: neil, great see you. what a day to be back. i think you're singly holding this market up your coming back. neil: i wish that were true. good to see you. thanks for your hard work in my absence. what you're doing too well, my friend. charles: always an honor, thanks, neil. good afternoon, everyone, i'm charles payne. this is "making money." the market is trying to rally. but it keeps getting bad headlines and a case of the nerves ahead of the jobs report that could force the federal reserve to remove the punch b