assistant attorney andrew mccarthy on a fox news contributor.c. court of appeals that was requested by the federal district judge sullivan. they refused to approve which would have forced him to dismiss the flynn case. where does this go from here, and he? >> john, it goes back to judge sullivan. i think we have a court of appeals that came at the d.c. circuit even though he has threatened to do some pretty wild and crazy things, he actually has not done it yet. the way they look at it, he has not ruled on the dismissal motion and he said he would not grant it. hasn't had a hearing yet. so i think they were not going to jump in at this point, but they have said, if he does things that are allow list down the road, they will address it then. >> john: and the president can always pardon him. >> that is right. >> john: do you think flynn would want a pardon? >> i don't think he wants a pardon. i think john, he would rather get vindication from the prosecuting authorities that actually charged him. he would much rather have justice dismiss the case

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andrew mccarthy joining us.♪ ♪ we've always put safety first. ♪ ♪ and we always will. ♪ ♪ for people. ♪ ♪ for the future. ♪ ♪ and there has never been a summer when it's mattered more. wherever you go, summer safely. get 0% apr financing for up to five years on select models and exclusive lease offers. find a stock basedtech. on your interests or what's trending. get real-time insights in your customized view of the market. it's smarter trading technology for smarter trading decisions. fidelity. maria: welcome back. freelance work booming amid the coronavirus pandemic, up work, a market leader in matching businesses with independent professionals seeing a surge of new customers, the company posted a loss of $11 million or nine cents a share for the quarter. joining uses right now is up works ceo hayden brown. great to have you this morning. characterize what's going on during this pandemic and what people are gravitating to most. >> good morning, maria. thanks for having me on. congrats for your 25 years reporti

trace, can i talk about nevada and why the president -- andrew mccarthy didn't see there was a basisit because the constitution leaves the manner of elections in state hands. there is a problem with what nevada is intending to do. they are now going to mail ballots to what are called inactive voters. how do you become an inactive voter? every two years nevada sends a new registration card to everybody on the rolls. the first step becoming an active voter. they mail a registration card and the post office returns it saying nobody by that name at this address. they send you a postcard saying you have 30 days to respond and confirm that this is your address or update your address and they ask for the mail to be forwarded to any address that person has on file. if you don't return that postcard in 30 days you get added to that inactive five. 200,000 people in clark county, nevada have had their registration card returned and failed to respond to the postcard. now what they are going to do is mail a ballot to those names even though the post office has already told them that person doesn'

along with mitch mcconnell, house minority leader kevin mccarthy, the president's daughter ivanka as well as rudy giuliani, congressman jeff andrew, secretary ben carson the senators on cotton, reverend franklin graham and alice marie johnson. the question now is unclear whether or not hurricane laura will impact the event. >> so much going on, interesting to see how they handle that. appreciate your reporting. >> fox news alert. overnight, demonstrations raining peaceful as donald trump sends federal officers to the city following days of unrest. >> protesters hitting the streets over the shooting of jason blake, civil rights problems in the shooting is police say blake admitted to having a knife which was later found in his car. >> a teenager arrested in the shooting and killing of two people and hurting a third during kenosha protests. 17-year-old kyle charged with homicide. >> he is a businessman who took part in a sit in, many of them during the civil rights era praising donald trump for backing peaceful protests. >> donald trump is not a politician. he is a leader. politicians are a dime a dozen. leaders are priceless. >> h

andrew? >> thanks, becky. >>> coming up on the other side of the break house minority leader kevin mccarthy will join us to talk♪ e stimulus mccarthy and eric schmidt. just like that. and the simple joy of washing your hands, without ever touching a faucet. we think it's the little things that matter. and we know you do too. that's why we create moments to feel kohler clean, every day. ♪ >>> good morning the s&p 500 eyeing another high. futures green across the board >>> out with the old and in with the new. three names set to be added to the dow and dropped thanks to apple's latest stocks. we'll tell you who's tagging in and who got benched. >>> we'll ask if this market is too top heavy with tech. posing that question is someone with just a little bit of experience google ceo eric schmidt will join us with an exclusive live interview. the final hour of "squawk box" begins right now. >>> good morning and welcome to "squawk box" here on cnbc. music is back. no more kansas joe kernen along with becky quick and andrew ross sorkin not the state, the band. u.s. equity futures -- nothing wrong with the state u.s. equ