jo ling, thank you very much. we'll speak you throughout the night. we're both part of tonight's primary coverage. meantime since jo is talking about verizon wireless. parent of aol up 1%. the stock is up 2 1/2% since it closed on four 1/2 billion dollars acquisition of aol last year. >>> feds are threatening to pull state education funding from north carolina if the state does not let transgender people use the bathroom of choice. critics say kids are being used as bargaining chips. >>> in other legal matters, there are new developments in hillary clinton's private email investigation. the state department says it can't find some of the emails from the person who set up hillary clinton's private server. the judge, with me next, he is going to tell me what he thinks of both instances. >> pagliano did not seem like he was qualified to be in the sensitive position he was put in at the i.t. department of the state department. and, you have to wonder why he was placed there. and now that we know that he was there to help in part mrs. clinton run her illicit fee -- email system, i think we have the answer. ♪ at ally bank, no branches equals great rates. it's a fact. kind of like bill splitting equals nitpicking. but i only had a salad. it was a buffalo chicken salad. salad. legalzoom has your back. for your business, our trusted network of attorneys has provided guidance to over 100,000 people just like you. visit legalzoom today. the legal help you can count on. legalzoom. legal help is here. >> i'm being threatened by the federal government, transportation funds, housing funds, university funds. it's like big brother has all of a sudden descended upon our state in a very coordinated, political way. actually, what the attorney general -- what the national media's missing, this is no longer a mandate on north carolina. they are making bathroom rules for every employer in the united states of america with over 15 employees. trish: north carolina governor pat mccrory claiming the federal government is economically threatening his state. at issue, the controversial bathroom law that affects transgender users. with me now, fox news senior judicial analyst judge andrew napolitano. judge, great to see you. brass taxes here, can the -- tacks here, can the feds withhold money because of the decision about the bathrooms? >> here's the federal government argument. when the federal government made offers of cash to north carolina -- and every state in the union takes cash from the feds -- it doesn't come without strings. and one of the strings to which north carolina agreed was it will comply with the federal civil rights laws. the civil rights law in question was written in 1964, and it prohibits discrimination based on sex. that's it, s-e-x. doesn't say sexual orientation, it doesn't say gender to the feds, sex in 1964 as interpreted to mean sexual orientation and gender identification. to governor mccrory that's not what it means, because every effort to amend the statute to include sexual orr generallation and gender identification, so if the judge will decide what the word sex means today, does it mean gender identification or not? trish: what do you make of the critics that say they're essentially making kids pawns in this? one of the instances is all about what happened in one particular school. >> i think the children are being used as pawns here. i see arguments on both sides. if you're a transgendered person, the government shouldn't tell you what bathroom to use. if you own a private business, the government shouldn't tell you what bathroom to build for your customers. private businesses should build bathrooms according to, in accordance with what the need of their clientele is, the government should accommodate everybody. do you know who has the best deal going? right here, fox news. we have private bathrooms. trish: it's a single. >> correct. that will solve all of this problem, but not everybody has the financial wherewithal to restructure -- trish: you're going to get some calls from some contractors, thank, judge. >> you've got to hand it to donald trump because i'm running for president, and all of a sudden i'm talking about bathrooms. listen, you're talking about tens of millions of dollars at stake in just north carolina alone. so it is a campaign issue. trish: it is a campaign issue. speaking of which, for hillary clinton her e-mails, a continuing campaign issue. so the state department says there are missing e-mails from the person who set up mrs. clinton's private e-mail server, brian pagliano. this, obviously, happened when she was secretary of state. here is a clip. >> is it the case that you have not found a single e-mail related to mr. pagliano's service while secretary clinton was here? >> so that's accurate, that we have located a pst from when his recent work with the department as a contractor but not -- those were from after when secretary clinton left the department. >> this woman, she looks like a lunatic. [laughter] trish: let's focus on really what's happening. pagliano, as you told us, got this immunity deal. he very quickly was granted immunity. but if e-mails were deleted, is that obstruction of justice? >> well, it would depend on who deleted them, when and why. but the same fbi with which he's working has managed to resurrect mrs. clinton's e-mails on the server from which she thought she had erased them. perhaps the fbi can do the same with the state department servers as well. but it is inconceivable that the i.t. person in charge of the internet usage for the secretary of state herself suddenly has lost all of his e-mails. obviously, something's gone awry here, and it's probably not mr. pagliano who caused this, it's probably caused by someone who wants to frustrate mr. pagliano's cooperation with the fbi. he is the principal witness against mrs. clinton, and he can provide evidence which is devastating like she paid him to commit the crime of migrating her secret e-mails from the secret -- state department server to her nonsecure, secret, personal/private server which we know was hacked. trish: all very cloak and dagger. judge, thank you. >> you're welcome. trish: as always, shedding light on what we need. judge andrew napolitano. >>> speaking of energy, hillary clinton may face a consequence this evening because of her flip-flopping on the coal industry. obviously, central to the economy of west virginia. we're going to tell you how it could cost clinton in the primaries. >> we're going to put a lot of coal miners and coal companies out of business. i don't know how to explain it other than what i said was totally out of context from what i meant, because i have been talking about helping coal country for a very long time. ♪ ♪ the pursuit of healthier. it begins from the second we're born. because, healthier doesn't happen all by itself. it needs to be earned every day. using wellness to keep away illness. and believing a single life can be made better by millions of others. as a health services and innovation company optum powers modern healthcare by connecting every part of it. so while the world keeps searching for healthier we're here to make healthier happen. trish: gas prices dropped earlier this year at the pump, chances are you are paying less than $2 a gallon. that was when crude was at its 12 month low of $30 a barrel or, but gas prices are back up, $3 a gallon in parts of california and elsewhere. oil prices back up as well to nearly $45 a barrel. average price for a gallon of gasoline across the country, $2.21 up from $2.04 a month ago. speaking of energy, west virginia polls closing in less than two hours. the coal industry central to that state's economy. fox business' adam shapiro is there in west virginia. so, adam, when you peek with people who are showing up -- speak with people who are showing up to vote, what are they telling you? >> reporter: it depends who you ask. some people will actually say it is time to move away from coal as the driving engine of economic growth in this part of the world. others will tell you that the obama administration regulations, that hillary clinton and bernie sanders have both vowed to continue, have sped up the demise of coal. and others will tell you that -- i have two people who want to put me out of work, clinton and sanders, and one who wants to help me get a job. that would be mr. trump, and you can guess what that man's going to be voting. so the bottom line is that among people in west virginia, especially the coal miners, i want you to take a look at this. between 2012 and 2014, employment fell by 19.6%. and that was up to 2014. it's fallen since then as well, so there are fewer coal miners. then take a look at what's happened to the industry as a whole, 92 mines shut down in 2014 and more in 2015, so that's a few less than actually exists now. that's what's going on in west virginia. and still, you had bernie sanders out in oakland today talking about the end of fossil fuels, essentially, and calling for a ban on fracking. he even said he's gained support in west virginia, of all places, and he still is committed to taking this all the way through california to the convention. he believes he can win. listen to bernie sanders. >> we have about 45.5% of the pledged delegates. those are the delegates actually selected and voted upon by the people rather than just the superdelegates of the establishment. we think we've got a shot to win in west virginia tonight. >> reporter: is so --ing so mr. sanders promising to keep going, hillary clinton promising to keep going. both have promised multibillion dollar packages to help people who have been hurt by the transition to other fuel sources, but it depends if you believe 30 billion or 41 billion can rectify the situation. back to you, deirdre. deirdre: adam shapiro in west virginia and, of course, we are focused on that state this evening. lou dobbs, neil ca suto, they're going to be bringing the results as soon as they come in. team effort, it all starts at 7 p.m. eastern time. >>> quick look at disney. as we told you, the stock down in the afterhours session, second quarter earnings missing on both the top and the bottom line. concerns seem warranted about the effect of cord cutting especially on disney's espn business. on track, by the way, the stock is to shave off 44 points from the dow in tomorrow's session. >>> well, exit poll data will be released in just a few minutes in west virginia, nebraska, the two primaries in contest this evening. we are going to tell you who has the early lead. ♪ ♪ >> we have the possibility, it is a steep hill to climb, and i acknowledge that, but we have the possibility of walking into the democratic convention with a majority of pledged delegates. [cheers and applause] ♪ i use what's already inside me to reach my goals. so i liked when my doctor told me i may reach my blood sugar and a1c goals by activating what's within me. with once-weekly trulicity. trulicity is not insulin. it helps activate my body to do what it's supposed to do release its own insulin. trulicity responds when my blood sugar rises. i take it once a week, and it works 24/7. it comes in an easy-to-use pen and i may even lose a little weight. trulicity is a once-weekly injectable prescription medicine to improve blood sugar in adults with type 2 diabetes. it should be used along with diet and exercise. trulicity is not recommended as the first medicine to treat diabetes and should not be used by people with severe stomach or intestinal problems, or people with type i diabetes or diabetic ketoacidosis. trulicity is not insulin and has not been studied with long-acting insulin. do not take trulicity if you or anyone in your family has had medullary thyroid cancer or multiple endocrine neoplasia syndrome type 2 or if you are allergic to trulicity or its ingredients. stop using trulicity and call your doctor right away if you have symptoms of an allergic reaction, such as itching, rash, or difficulty breathing; if you have signs of pancreatitis such as severe stomach pain that will not go away and may move to your back, with or without vomiting; or if you have symptoms of thyroid cancer, which may include a lump or swelling in your neck, hoarseness, trouble swallowing, or shortness of breath. medicines like trulicity may cause stomach problems, which could be severe. tell your doctor about all your medical conditions and any medicines you take. taking trulicity with a sulfonylurea or insulin may increase your risk for low blood sugar. common side effects include nausea, diarrhea, vomiting, decreased appetite, and indigestion. some side effects can lead to dehydration, which may cause kidney failure. with trulicity, i click to activate what's within me. if you want help improving your a1c and blood sugar numbers with a non-insulin option, ask your doctor about once-weekly trulicity. and click to activate your within. deirdre: u.s. indices all closing higher in the regular session, so gains if you look on your screens up across the board by 1%, the dow by 200 points. consumer-based stocks, particularly strong, in fact, many at record highs. mcdonald's, home depoe, johnson & johnson, also amazon.com. several food companies closed up as well, pepsi topping its own lifetime record. so one thing i wanted to point out especially with amazon is that amazon is actually taking on alphabet google in its youtube division. amazon is going to start paid-for videos. electronic arts, you see some of the video there on your screens from some of their most popular games earnings beating -- and you can see what they're doing afterhours. the stock is soaring. so quick review of what happened in the markets overall. we showed you the dow, the s&p 500 and the nasdaq all up across the board. a big part of that move higher was that oil closed up. you see it close to $45 a barrel now. we told you how that is affecting prices at the pump. it's going higher for most people across the country. and, of course, on that energy theme tonight's primaries key, especially in west virginia. polls are open there. we do have some early exit data to share. joack with me now. jo, what are you seeing? >> reporter: well, the data is slowly flowing into us, and i want the show you what people care about in the nebraska republican primary. what are the top issues? the number one issue by a hair is government spending. a lot of people concerned about the economy which comes in at 29% followed by immigration and terror, basically tied at 18 and 21. this is, of course, a state where the economy and voting with the pocketbook is a very important issue, and we continue to see that theme throughout this long pri myrrh season. -- primary season. let's take a look at the republicans in west virginia as well. the top issues for them, by and large, 54%, all about the economy fold by government spending, 34%. again, this is in lockstep with the trends that we've seen throughout this race on both the republican and democratic side. immigration and terror, of course, also very big issues. now, we're also going to look at west virginia democrats as well. we'
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