all this as charlie gasparino watches and reports breaking news. charlie? charlie: you know, liz, twitter is a real long shot. i will get into that in a minute. but this fascinating report out of national public radio crossed the wires and i have the no been ab -- not been able to confirm this. we are being told be careful with this story. it essentially says tiktok is poised to sue the trump administration over that executive order which essentially said you have a 45-day ban -- you will be banned from being used in the u.s. if you don't find a baier uyer in days. npr is reporting there's going to be a lawsuit that could be filed as early as tomorrow to try to block that. just so you know, the guidance we are getting from people close to the company is be careful with this story. my guess is that they will try at some point, tiktok, to try to, you know, i don't know about a lawsuit, maybe a temporary injunction, something to sort of forestall this because here's the thing. the reality is there's really one company that can buy tiktok right now and it's not

charlie gasparino alluded to that. it is beingagepped up by hard-liners within the trump administration because of all this antagonism what tiktok might do. all it has done so far make a lot of americans very happy and which is why they continue to use it every day. neil: what i don't understand about this, guys, rebecca, i kick this off with you, the notion that microsoft's stock is up on this. if it were to succeed in getting tiktok, it would not come cheap. tens of billions of dollars. i heard one figure, i don't know how accurate it is, $100 billion. yet the stock is up believing it instantly become as social media player. i get that, ial but i don't get the fact that the stock is up that much on the promise of that? >> yeah, to jonathan's point and your point, neil, i understand ticktock hasn't done anything that is necessarily provable yet, the fact of having a chinese app, basically, if you understand the laws of the chinese communist party and you understand private ownership there is a lot of backdoors that re

charlie gasparino has the details. hey, charlie. charlie: hey.finitely going to happen. i can just tell you two things. there were talks, there's no doubt about that. we have been able to confirm that. preliminary talks. and the impression i'm getting from our sources is that these were talks that occurred in the past. it's unclear if oracle is seriously going to make a bid. at least i don't have that level of detail, that they are going to make a bid for tiktok or at least enter the phase of talks that is now going on between microsoft and tiktok which are very advanced talks and talks about how -- talks involved essentially how to secure the data, the user app data that the trump administration believes is being surveilled upon by the chinese government because tiktok is owned by a chinese company, bytedance. those talks are very advanced with microsoft and tiktok. i do not have whether those talks are that advanced with oracle or even if they are at that stage. couple things to keep in mind here, cheryl. oracle's a big company, very successful

charlie gasparino is here to break it all down for us. welcome back, charlie.ks for having me. congratulations on saying those asian names. everybody's looking for tea leaves on when this thing will be done. obviously this thing, meaning the tiktok sale to whoever, two leading bidders, microsoft, oracle, big tech companies, everybody's looking at tea leaves. lots of reports today that the decision is made that it could be announced tomorrow. just so you know, that's very possible. the decision could have been made this weekend for all that we know. who knows when they are going to announce it. obviously the chinese government getting now involved in this after the u.s. government has been involved saying that it's going to ban tiktok, that's the trump administration, president trump himself, because they believe its chinese parent company bytedance uses user data for surveillance purposes, you know. to be hoevenest, i can't figuret why my 12-year-old niece is a big surveillance threat but that's where we are right now. here are some of the tea leaves. i'm getti

charlie gasparino first reported microsoft's potential white knight role on friday. charlie, you have breaking news. where do we stand right now at 3:07 p.m. eastern time? charlie: where we stand is this. it's a stalemate. it's up to president trump. as you know, he has a press conference scheduled for 5:00 p.m. today. we will likely get some clarity on where he is on all this. if he's talking about a 45-day window or you know, a september, what did he say, 15th window, what he's essentially saying is cfius, the council on foreign investment in the u.s., is going to essentially cause a divestiture of tiktok u.s. from the main company, basically saying that tiktok u.s. cannot operate in the u.s. unless a u.s. company comes in and buys it. it will have other language but i'm translating it for you. then they have -- whoever buys it presumably microsoft, maybe someone else, tiktok is saying it has other potential suitors, but microsoft is obviously interested. they have said so. we know there's talks, could come in and has to prove to the u.s. government when it buys it,

ashley: whenever news breaks we know you will have it first, charlie gasparino, thank you very much.closing bell rings in ten minutes, coming up next why the countdown closer says now is the time to go small or go home in your portfolio, big tech strike that. we'll be right back. all with no commissions. stocks by the slice from fidelity. get your slice today. shingles doesn't care. i logged 10,000 steps today. shingles doesn't care. i get as much fresh air as possible. good for you, but shingles doesn't care. because 1 in 3 people will get shingles, you need protection. but no matter how healthy you feel, your immune system declines as you age, increasing your risk for getting shingles. so what can protect you? shingrix protects. for the first time ever, you can protect yourself from shingles with a vaccine proven to be over 90% effective. shingrix is a vaccine used to prevent shingles in adults 50 years and older. shingrix does not protect everyone and is not for those with severe allergic reactions to its ingredients or to a previous dose. the most common side effects are pain, re

we've got charlie gasparino and some really great new headlines and the fight for the mets what's goinge? charlie: well cheryl over the weekend, there were reports that j lo and a-rod said they were in the lead to buy the new york mets they had apparently, the top bid, and it suggested that other potential bidders including the very deep pocketed hedge fund star steve cohen was out of it, and harris entertainment run by other hedge fund private equity executives they were out of it. here is what we know right now particularly in terms of cohen. sources close to steve cohen are telling the fox business network that he as of now, now i only say as of now because he may wake up tomorrow and change his mind there is always that theoretical possibility but what i'm hearing is he is still in the hunt to purchase the mets. he is as of now, again, i'm just hedging because that life is strange, he is 100% certain to make a second round bid and those bids are coming due augusn it. a-rod may be in it but we should point out that steve cohen does have the capital in his back pocket to buy the new y

to charlie gasparino himself, what are you hearing right now charlie?rlie: you know, does berkeley actually have a football team? >> liz: hey! charlie: do they actually play sports there? i thought they just protested at berkeley. >> liz: [laughter] they smart protest how about that? charlie: yes, okay, okay. actually, yeah, there were a couple pro football, chuck munci e, remember the great runningback? >> liz: you don't have to tell me of course i remember him and the play, hello. charlie: he went to berkeley. okay, you got a couple. anyway, let's talk about brooks brothers, because not only is it iconic branded. i love brooks brothers clothing and it looks like it's going to survive in some form. that simon property group authentic brands also known as the spark group, it came in with yet another offer, they up ped their ante at $325 million for brooks brothers and it looks like it's a done deal. that heightened offer i believe there was something like 315 million, that offer closed the others to dropout but from what i'm hearing and i spoke with som

our charlie gasparino has been following the tiktok on tiktok, after this.o get lost in the economic uncertainty. the volatility. the ambiguity. the moment calls for more. and northern trust delivers more. with specialized expertise. proven strategies rooted in data and analytics... and insights borne from over 130 years of successfully navigating economic turbulence. giving you clarity. inspiring confidence. and helping you uncover new paths forward. northern trust. wealth management. come on in, we're open. ♪ all we do is hand you the bag. simple. done. we adapt and we change. you know, you just figure it out. we've just been finding a way to keep on pushing. ♪ and then found the home of my dreams. but my home of my dreams needed some work sofi was the first lender that even offered a personal loan. i didn't even know that was an option. the personal loan let us renovate our single family house into a multi-unit home. and i get to live in this beautiful house with this beautiful kitchen and it's all thanks to sofi. neil: all right, when it all started with

joining us now, charlie ga gasparino. the media was stunned when the president made the argument that the u.s. government should get a cut in the sale between microsoft and tiktok. is it fair to say it's unusual and unprecedented. >> it's both. when you look at the executive order that he issued a couple days ago, essentially banning tiktok if they can't find a u.s. buyer within the next 45 days, it made no mention of the investment banking fee. it looks like he backed off that. that's typical trump. i think he was blowing smoke, whatever was off the top of his head, like listen, i'm making the deal happen, why can't the u.s. government benefit directly. the u.s. government will benefit directly. if microsoft buys it, it is a u.s. company that will benefit from technology that began in china, a big thing for microsoft. we should point out that social media is the way news is being transacted these days. this is a big thing for a u.s. company to get a foothold into something that's like twitter, only it's video, it's twitt

. >>> another fine human being joins us now, charlie gasparino. following all the developments, the back-and-forth politically with the virtual conventions that are coming up and now the narrowing of the search for joe biden's running mate. i hear it's down to two people. don't know for sure. what are you hearing, my friend? charlie: well, we have always reported from the beginning that kamala harris had the inside track on this. axios reported last night that it's now kamala harris, down to two candidates, kamala harris and susan rice, the foreign ambassador in the obama administration. and our sources say that's essentially it. now, we should point out that this decision is very closely held among about five or six people in the biden inner circle. people like myself hear from people that talk to people within the biden inner circle. axios, the same thing. that's how we do our reporting. so we're not getting this from the horse's mouth. the ultimate decision obviously is joe biden. joe biden and his wife, from what i understand, will play a key

charlie gasparino. charlie: he took off his investment banking fee.g that's not in the executive order. neil: you can think of that. think of that. thank you, buddy. good talking to you. >>> let's talk about what's happening in new york, by the way. governor cuomo did announce druthers s acros acr his te coueld c seldrt sta arts as malnolyrm waloulyld wly i wnhe, tey rajutera ftetey. now, tnohow,se t are bro param s s ve d d d leave ea tely h hheowy t ahere going ak that fhey do d d virtually, remotely, in-person whathave a lasrasd thanhaha do alex hogan following all of this in york city. reporter: yes, as you mentioned, the governor announcing that schools can officially open come fall. they will have flexibility of what they need to do to make sure they stay safe, but the board of health will have to approve their plans. so far, 16% of districts have yet to even submit a plan. but four new york city schools and new york state schools to open, the infection rate needs to stay below 5% for seven days. if it ticks up to 9% schools have to shut back do

charlie gasparino on all of that. >>> leases, rental agreements, we don't need no stinkin' leases.vo) we've got your back, road warriors. because we know you want to get back to going your speed... ...steering life at 10 and 2. you're prepared for this. and so are we. soon you'll get back to skipping the counter without missing a beat. back to choosing any car in the aisle. back to being the boss of you. go national. go like a pro. where you can find games, news and highlights. all in one place, right on your tv. the xfinity sports zone. use your voice to search every stat and score. follow the teams you love. and, even get notifications with breaking news alerts and more. with the xfinity sports zone everybody wins. now that's simple, easy, awesome. say xfinity sports zone into your voice remote today. gerri: welcome back. i'm gerri willis. as the pandemic crisis grinds on and employers allow remote work, a growing number of property owners, they're getting rid of the year-long lease all together. they are offering month-to-month agreements, sometimes ditching the standard two-mon

charlie gasparino, what are you hearing on this? it could be leaked out today. most people think they are going to -- they established sort of a framework today as to how to roll this thing out so it's likely to be coming out tomorrow. that's kind of what the thinking is. again, nobody knows for sure. this is a very closely held secret. it's joe biden, his wife, a few people in the inner circle. clearly he's made up his mind and now the guessing game goes on. you know, again, the guessing game mostly centers around kamala harris, the senator from california, and susan rice, the former ambassador. here's the thinking that it's susan rice. if you look at the lineup for the democratic convention, her name is notably absent. you would think she would be in there because she's a democratic party leader, but the fact she's absent, people are thinking that must mean they want this to be a surprise and they are going to put it out there and she's going to be the vp. i can tell you that in some of these sort of wall street betting arenas, he

charlie gasparino is with me. i will do imaginary shows with him if it comes to. that he joins me now. i did want to talk to you about tiktok, but i want to get your tick, charlie on the mail-in voting thing, it certainly could lead to a delay in tabulating results. i don't know to the degree we waited in 2000 to the bush-gore controversy, it could cause a lot of confusion. what do you think? >> we had a delay. those hanging chads, that whole business. it could be a delay. we should point out that the president is the president until i believep january 20th, correct? do i have my date right? neil: right. >> so there is time to count the mail-in ballots. so it is not like, it is not like we don't have enough time to do that. mail gets delivered. delayed a week, two weeks, a month? there is more than one month to do the mail-in ballots. i just think that if president trump loses on these mail-in ballots and he doesn't leave office, i which i think he will, he would be escorted out by federal marshals. that's it. i mean i guess it can go to court to try to challenge

to charlie gasparino. there are a couple of pieces to this pie, right? charlie: yeah.ways been cautious on this story and you know, we broke it here on fox business first that microsoft was in talks to buy the u.s. portion of tiktok and maybe a few other places -- pieces. i have always been cautious about it. this needs regulatory review, high level regulatory review. on top of that, throw in the threat of a donald trump inserting himself in the middle of this process which he has, and you know, you have a mess on your hands. i wouldn't doubt it, liz, if microsoft walks away. the problem tiktok has that even though there has been at times other suitors looking at it, we have reported that google has kicked the tires, facebook has kicked the tires, apple's probably kicked the tires although they came out today and have said publicly they're not interested. the most logical suitor from an antitrust standpoint is probably microsoft although something else happens, something a private equity deal which you know, we are talking lots of money here but again, this needs regul

charlie gasparino on all of that.f course defying all odds here, politically whether you look at the cycle of the election or not, at an all-time high right now on news that it wants to leverage the brand a little bit. but you won't believe how it's leveraging it. competitors, watch out. you doing okay? yeah. this moving thing never gets any easier. well, xfinity makes moving super easy. i can transfer my internet and tv service in about a minute. wow, that is easy. almost as easy as having those guys help you move. we are those guys. that's you? the truck adds 10 pounds. in the arms. -okay... transfer your service online in a few easy steps. now that's simple, easy, awesome. transfer your service in minutes, making moving with xfinity a breeze. visit xfinity.com/moving today. i appreciate what makes each person unique. that's why i like liberty mutual. they get that no two people are alike and customize your car insurance so you only pay for what you need. almost done. what do you think? i don't see it. only pay for

now, as to what it means for the election and whether it could have any impact, charlie gasparino, hea lot of these numbers, and i guess the key is when those numbers are being registered, right? >> yeah, and when the biden tax plan, there is no middle-class tax, there is a lot of middle-class tax. just certain deductions that can't fit the standard deducti deduction. a lot of middle-class families are not going to be able to use that. you look at his plan, it is going to hit middle-class families. it is going to have small businesses, and obviously is going do it corporate america in a big way across the board. that at some point, if you believe that joe biden is way ahead, that at some point should be factoring in to the market analysis, particularly the s&p 500, and it is not. at least not yet. what i have basically been hearing, and i've been talking to a lot of traders -- >> neil: could it ever be that the market may be worse case scenario, biden winds, worst-case scenario. in the federal reserve is doing what it is doing, you certainly wouldn't be able to hike tax rates in this

let's get to charlie gasparino, who has been out in front on the video sharing app's efforts to improveion. charlie? charlie: yeah, liz. what we understand is inside tiktok, officials recently conducted what they called an internal sweep of users. it wanted to see just who these folks are, who some of the millenials and some of the young people that are doing the dance videos, who they are, what their political affiliations are, and from what we understand, we are getting this from people close to the company, what we understand is that they believe there is now a significant presence of conservatives on tiktok. now, i don't know if you would consider my 12-year-old niece a conservative or not. i'm not sure she even cares about president trump. but i can tell you that this is what they are telling us, that this sweep shows that there are conservative voices on tiktok, that they -- liz: well, sure. charlie: -- they believe there are voices that go beyond, you know, simply music videos and sarah cooper, i believe that's her name, her satire of donald trump, that the conservatives do exist

let's go to our charlie gasparino following all these market moving developments including some stuff going on with tiktok right now. china might rain on some folks parade here. what are you hearing, charlie? >> you know, yes, it, the chinese have put trade restrictions which include i.t. and issues that would affect any u.s. company buying tiktok, the popular short video app. never thought, something my niece loves would be a national security concern. she does these dances and, one of her tiktok videos went viral last week but the trump administration believes that tiktok is an existential threat to democracy. they think the chinese are stealing data, using data, using it for surveillance purposes. no evidence that has occurred but now the chinese are weighing in. as i said trump is poised, the trump administration is poised to ban tiktok. the chinese are saying any u.s. company will need china's approval to buy it. you know there is two companies vying for this. unless there is a mystery third bidder. it is oracle and microsoft. i will say this, neil, there was a report earlier, cn

charlie gasparino, thank you very much. to see you, charlie. >>> our "countdown" closer's hot housing picks just as session lows are hit. the dow now down 130 points. folks, we are in a 400 plus swing today. ♪ come on in, we're open. ♪ all we do is hand you the bag. simple. done. we adapt and we change. you know, you just figure it out. we've just been finding a way to keep on pushing. ♪ . . this is decision tech. find a stock based 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. ♪. liz: two minutes left of trade. what a difference. 59 minutes makes in this hour. stocks started off on very solid footing. look at this, we have the big 10 news, of football season being canceled. a double punch by comments by senate majority leader mitch mcconnell that stimulus talks were at a quote, stalemate. maybe it was stalemate word but don't mess with big 10 football. dow, subpoena 500, are about to snap a seven-d

charlie gasparino. tell us what's happening. charlie: yeah. that would be china, because there's a lot of talk on wall street that china may at some point pull the deal, tell bytedance, the parent company, not to invest. as that's going on, the potential china threat to killing this deal, we do know this. some of tiktok's investors, the investors that are in it now, want to be part of this deal with microsoft. the two major investors in tiktok are general atlantic partners and sequoia capital, both private equity funds. they are telling people they want to stay in this deal. they want to be partnered with microsoft. so microsoft is going to have probably other money if they can to buy tiktok and the u.s. operations are something like $40 billion, it could be more if you buy other parts, but from what we understand, microsoft is considering bringing those guys in. they want to stay in. microsoft is also considering outside partners, private equity, i keep hearing, is a possibility to join microsoft. so this thing is still working out. we should

we have a best-selling author and fox news political analyst and charlie gasparino. the argument that the president was raising and remarks earlier in charlotte that this is happening under my watch. we are coming back from the throes of the virus it under my watch peered almost 10 million jobs gained in the last three months. we are on fire. you might as well douse that if the other guy gets in. what you think of the strategy? >> he's on the strongest ground saying that peter donald trump has said verbally, made some -- obviously incorrect statements regarding the coronavirus when it was going to end and how it was going to end supported by hydroxychloroquine is questionable. on the economic policy, his administration has done a great job. they do the exact opposite of what herbert hoover and franklin roosevelt did before the great depression that led to the great depression. he put immense pressure on jerome powell, the fed chairman to cut rates peered he stimulated the economy. he tried to cut taxes. he did everything that he was supposed to do economically, and t

to charlie gasparino, who is breaking it all. you're like an octopus with a million hands here. iktok and microsoft's next move. charlie: i tell you, donald trump makes life very interesting as a reporter. here's what we know about microsoft. they are talking about outside, potential outside investors if they go through with this. listen, i don't think -- i don't believe it until i see the deal documents. i know they're talking, there's no doubt about that. they now confirmed our report from last week. but this is a really difficult deal. it involves technology, taking technology from tiktok, making sure it's safe from the chinese. do they buy just the u.s. portion or just australia? remember there are certain portions they want to buy. or do they buy the whole thing? lot of people think you got to buy the whole thing. if they buy the whole thing, how much is it worth? maybe $50 billion. do they have 50, yeah, but they would like to spread around the risk a little. that's why they're talking to other people. there's a lot up in the air right now. the one thing i'm kind of certain

tax on it, represents under 1% of californians, but it could amount to billions of dollars, charlie gasparino am lucky, gary, your thoughts on this, you are in a state where people have come in rows because of the tax environment that virtually no tax environment. >> i just think complete and utter disrespect for the taxpayer from what i heard in the interview, we heard that they raise taxes before and we have more now so we can go ahead and do it but i think the one thing that stuck out for me, the plan if somebody decides to leave and we will stick it to you for the next ten years, he knows there is going to be repercussions because people businesses and capital will flow to the places that they are treated best if they decide they're not treated too well, they are gone, but no we will try to put a law in that state, we will extract your money for the next ten years, it's amazing to listen to them. neil: what do you think of that, that's a unique future, don't think that you can both the stake without paying us. you got that money in the state and were going to be going after you for years.

to charlie gasparino whose been listening, what is the next step its got to be multiple eos, executive orders, charlie. >> charlie: we had heard earlier, my producer and sources close to the white house heard that the executive orders are coming down the pike. we actually heard that trump might sign a couple tonight, so you know, stay tuned, later on today, he's been doing, he signed those executive orders on tiktok and wechat as you know last night so some of the stuff could come down tonight and they are pretty convinced they have a very strong hand meaning the white house is convinced they have a strong hand. pelosi wants $3 trillion. that's a blowout number. it's unclear if the american people support that type of spending. the economy is not great but it's obviously getting better, with all of the stimulus we already have in the system, and there is, you know the administration i think feels pretty confident that it's in a no-lose situation if they do an executive order that extends unemployment insurance. they are in a no-lose situation if they do an executive order that does a p

charlie gasparino has been following this story long before people knew it was a story. out that aspect of it? that the u.s. -- i don't know whether it's a finder's fee or agent's fee but gets something out of it? charlie: well, i just spoke with none other than don corleone. he says it's perfectly okay in his book to extort a finder's fee. neil: you did not. it's the godfather. charlie: my uncle vito from the bronx says he has no problem with it. this is cockamamie. i just wonder when the attorney general's going to turn to him and say you know, you can't really do this. you can't directly tie a congressional action to a payment. when you directly tie stuff like that, that's when you get into quid pro quo territory. here are some things -- and as you know, that's where illegality happens and that's where this thing could head to court and you know, it becomes very messy. if he's out of office and he does this, i mean, you know, once he's out of office, it could be a real problem for him because he's tying a payment to an official action. again, you know, it doesn't take

so according to charlie gasparino you're always right, but this is a very serious charge.rious charge against mr. bannon. the allegations are that there are promotional materials said and i'm quoting now from the indictment. 100% of the money collected will go towards building the wall and other promotional materials. we will not be paid a penny for our services. so the way they got around that according to the indictment and of course the defendants are innocence until proven guilty beyond a reasonable doubt but according to the indictment, this charity, that the build the wall charity, made major donations to other charities, which paid the founders in the case of bannon it's $1 million, in the case of one " others it's $300,000 and $20,000 a month, so the allegation is fraud and deception which the feds call wire fraud, using the e-mail to commit a fraud, and conspiracy to do this , combine the two charges if they are convicted on everything they are facing 20 years each. now bannon' defense will be look this was a charity and all charities are entitled to pay the peopl

neil: you know knowing i was going to go to my buddy charlie gasparino to talk about tiktok i wanted o my homework. you have to be ready with charlie. you have to be well-prepared. i locked in the tiktok app, you know, charlie. this thing is great. some of the videos are hysterical. one comedian lip syncs the president, she is hysterical. this is great stuff. i wanted you to be socially hip with this i'm hip now with it. i think we should tread carefully here. that's all i'm saying. >> i think sew too. i think it is fascinating neil, that you downloaded tiktok on your apple, on your devices. that to me, that is a cultural moment here. another cultural moment as you know will be if tiktok is actually purchased by microsoft or somebody else. it is getting a little confusing and almost as if it's everybody in the pool at this point expressing some interest in it. neil: right. >> in the past we talked about facebook looking at it, going gell looking at it. apple said it is not interested but i'm pretty sure they looked at it. over the weekend "the wall street journal" reported that twitte

this and policies involved in this , i was going to sort out for the economy and the markets, charlie gasparinormer tennessee congressman. welcome to you both. congressman if i can begin with you. there is a lot in kamala harris' background that indicates less the progressive extremist that some have painted her to be and i'm wondering in a flip sense, given her tough on crime prosecution path, her reluctance to force americans to give up their private insurance could rattle some progressives cages here, might help her in a general election, but what do you think? >> look, first off thanks for having me on. i think five states matter the most here, maybe six. the big 10 states and a few states on in and around and near the coast. this election by joe biden was the right choice. he gives himself a chance to stay quiet from the standpoint that his policies and ideas and the focus that he's made this campaign about already which is about main street, the focus and the questions around wall street are questions around her moderate views, i think will all be muted as he continues to talk about ways

this executive action from his bedminster golf club in new jersey so we'll keep you posted to charlie gasparinoe implications of all of this. you know, he's going into sort of unchartered territory on some of this stuff, not all of it, but on the payroll tax issue itself, a lot depends on whether employers pass along those savings, right, charlie? that they might feel this is a temporary measure we don't want to get caught high and dry, having to pay this money back, so where is this going? charlie: yeah, it is somewhat confusing because you know, i guess they're relying on court precedent with the president obama's daca rule, which was allowed to stand for a while, and i believe it still is, and it has to be reversed by the courts, and you know, so that's the precedent here from at least that's what the white house, people in the white house is telling us that they have that's their legal precedent for doing this. it is highly unusual, as you know congress has the power of the purse string, right? they could, they are supposed to be taxing and spending and the president is a partner in that ob

pete: charlie gasparino. thank you so much. let's bring in tom cotton to react to this.ity? a couple of stats, you know the communist chinese can request getting user data at any point. tiktok can record all your photos, all your key strokeses, entire search history, apps on your phone, passwords, the websites that you visited and even location data. you think you're sharing a fun video but ultimately the chinese have access to everything? tom: yeah, pete, last fall i asked the administration alone with chuck assumer of all people to conduct a review of tiktok and the threat it may pose to americans. on the front of tiktok, just the app on one's phone it seems to be fun video-sharing app. seems harmless but the back end of tiktok really is a trojan horse on your phone. it vacuums all audiotape of your data, context, photos, location data, your facial recognition software, even the key strokes on your phone and sends back to chinese servers which are all a susceptible to access by the chinese government. in some ways we won't even know because we will have data for decade

our own charlie gasparino reports now that microsoft is the only possible deal being pursued by tiktokosoft still down just two bucks now. it was down more than that earlier. >>> look at casper -- microsoft again down two bucks. got it. >>> look at casper. i'm told they are kind of a millenial online mattress company. they reported their earnings earlier. okay. revenue skyrocketed 16% and they are losing less cash from the pandemic but look at the stock. it's down 9%. gregg smith is with us and he is an early investor in casper. bearing in mind that the stock is down nearly 10% right now, tell me why you are hot on a mattress company. >> good morning, stuart. well, look, sleep is the foundation of health and we have been sleeping the same way for centuries and the technology is not really evolved. with that being said, i actually was very underwhelmed by casper's numbers this mornings and i was disappointed. we just finished or are in the middle of the greatest online shopping party the world has ever seen. we have had a massive home improvement spend by consumers at home. we are now,

susan: we have charlie gasparino reporting that google and facebook have expressed interest in buyinghis, is an "axios" report that cited multiple sources but none of them inside apple. from my understanding and my discussions i don't think that apple would be interested in this type of property. they're not interested in getting bigger in social media. they're also not interested in acquisition of this size. the largest acquisition they have made was for beats back in just a few years ago $3 billion. that was more for the music catalog and growing apple music instead. they prefer to grow organically as we heard over and over again from their executives. i don't think apple would be interested in buying up ticktock. plus there are regulatory hurdles when it comes to antitrust, cross-platform, cross geography hurdles. as far facebook and google i would look at at antitrust hearings. they are under the microscope for being too big in facebook's case. purchase of instagram and whatsapp, whether or not that gives facebook way too much control when it comes to social media. so who actually