judge andrew napolitano.icole: diane nicole petallides, dow jones industrial average is higher by 34 points. nasdaq index in beginning 1/4%. what is driving the dow, chevron ng and accounting half of the dow's game that the current time. inventories tumbled and energy stocks higher. walgreen says it will move forward, european pharmacy company, the largest ever, they will not do in version where they moved their headquarters, based in chicago. video game earnings, activevision hitting a new high taking you to the downside. it is of 3% doing well and a forward outlook is great also and coming up next on "varney and company" another ed snowden on our hands. someone is a plank members of the media with classified material, coming up. ♪ ♪ ♪ ♪ [ tires screech ] chewley's finds itself in a sticky situation today after recalling its new gum. [ male announcer ] stick it to the market before you get stuck. get the most extensive charting wherever you are with the mobile trader app from td ameritrade. stuart: there are

judge andrew napolitano fired up against that. and activist attorney general. he is here in a moment. you've reached the age where you've learned a thing or two. this is the age of knowing what you're made of. so why let erectile dysfunction get in your way? talk to your doctor about viagra. 20 million men already have. ask your doctor if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain... it may cause an unsafe drop in blood pressure. side effects include headache, flushing, upset stomach, and abnormal vision. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. this is the age of taking action. viagra. talk to you doctor. weit's not justt we'd be fabuilding jobs here,. it's helping our community. siemens location here has just received a major order of wind turbines. it puts a huge smile on my face. cause i'm like, 'this is what we do.' the fact that iow

we take this up by judge andrew napolitano in moments, and by the way, mr. president, happy birthday. his number, is 53. we begin tonight with israel. my first guest said that our relationship with israel has been strained, because of the obama administration's desperation to bin win a ceaser regardless of the consequences, joining us now, retireed four-star army general, jack keane, and also fox news military analyst, general, good to have you here, a 72 hour ceasefire, in place, to go into effect this a matter of hours your thoughts? >> first of all good news, secondly, it appear to be same proposal that egyptians made 3 weeks ago that israel accepted and hamas rejected. if that is true, the absolutely hamas is evil. given the tragic loss taken place over these ensuing 3 weeks, and suffering that associated with those deaths, and families involved, and also what has taken in israel, to think that could have been avoiding this cynicism is despicable how they use civilian casualties to accomplish their political objective. lou: netanyahu considering a unilat

judge napolitano: no.st of all, in large measure because of what you and our colleagues and i do for a living varies cable news and justices have begun to recognize that. as recently as 15 years ago you would have never heard a peep out of any justices but when the justices go outside the court to speak they normally confined themselves to theoretical areas of the law, not to the intellectual understanding of their colleagues and to attack them collectively because they are male, happen to be males who are married, who have children, who have daughters, who have lifetime appointments like sheep, to attack their collective understanding of the female psyche is utterly reprehensible, totally violative of the concept of collegiality and will undermine her own credibility in the legal and judicial communities. stuart: thank you for wrapping it up. please go back to that three day weekend. you deserve it. thanks, judge. mary kissel, wall street journal has an editorial on this today suggesting katie couric's qu

judge napolitano weighs in on modern mean we will go back a few 3 judge napolitano weighs in on modernan we will go back a few decades as well. can you keep a great? neither can we?

judge napolitano weighs in on modern mean we will go back a few 3 judge napolitano weighs in on modernean we will go back a few decades as well. can you keep a great? neither can we?

the former homeland security secretary janet napolitano will also speak at the we -- event. >> caltran is closing northbound 280 from highway we we to king secret at 2:00 p.m. and it will not re-open until next tuesday morning at 5:00. the video from a caltran camera shows the 280 and 101 junction and the closing will allow the crews to replace two bridge hinges as part of a safety project. southbound lanes are 280 will stay open. >> starting today, part has a new app that lets riders report crimes using smart 15s and it is called bart watch, and it is free and easy to use. riders have been asking for a way to report trouble without draw attention to themselves using apple and droid systems. >> meteorologist mike nicco is ahead with the forecast. >>> good morning from the top of the broadcast center where you can see the clouds finally letting the sun come out because they were later i will show you the effect on temperatures and we have a couple aftershocks this morning and what to expect theness seven days and the holiday weekend is clear. >>> a big announcement from apple, could the

demand a tuition treason campus at the uc association planning demonstration at the office of janet napolitanoge her to continue the uc tuition freeze for 2015-201 school year. students are concerned the regents will close the projected budget shortfall by raising tuition. >> what better, chocolate milkshake or the thought of it? stanford researchers want to fine out and are looking for healthy kids four to eight to be test subjects in a study of how the brain responds to the anticipation versus the taste of chocolate shakes. obesity adult brains react more though the not than the taste which makes it harder to lose weight. researchers want to know if that happens in children, too. >>> new the forecast. i could go for a chocolate shake. that is not the point of the story. too bad. >>> i have greek festival. what do you think? >> gyro. >> never know how to pronounce that. >> the greek festival is tomorrow and sunday at noon to 8:00 p.m. and noon to 7:00 on sunday and it will be comfortable at 67 at noon and total sunshine. by five o'clock we close things out. become to levi stadium, game foreca

university of california president and former united states secretary of homeland security janet napolitano will speak at the event. >>> yesterday, the kids had to drink more water at practice. what about today? >> today is as warm if not warmer inland east bay. now what to expect with our aftershocks: a larger earthquake is at 2 percent chance and strong at 5 or greater is only 10 percent chance for aftershocks. >>> it is cooler in san francisco. chrissy fold and ferry building around mission district at 59 and same for ocean beach the downtown or to the financial district it is 60. upper 50's for half moon bay and bell monday and palo alto and 58 at saratoga and low-to-mid 60's at walnut creek and petaluma is veteran. today, it will be sunny by noon and the clouds are gone by 10:00 noon it will be low 70's to upper 70's and at noon, 9 4:00 inland the hottest day. >> many people are gearing up for the labor day holiday and we are looking at ground zero, video from last night. retrofit work will shut down a major freeway in san francisco if nine hours. caltran is closing the northbound lane

president janet napolitano in downtown oakland.protest organizers fear they might raise the tuition for the 2015-'16 school year. that's because there is an expected revenue shortfall. >>> a group of bay area students in solidarity with refugee children. the 11 students gathered outside the immigration office to break bread. they hadn't eaten since monday. some cried as they ate the bread. we talked to one student yesterday who said she is fasting to get more aid for the central american children detained at the u.s. border. >> it's very difficult for me, but it's even more difficult for them, because they don't -- they're doing this not for their choice, it's a must. we really need to help these kids. >> several adults joined the students on their fast. they will continue to go without food for another 7 days. more than 16,000 central american children have thread their homes and have arrived in the united states during the past year. >>> authorities in sonoma county are still actively investigating the murder of a couple killed t

former secretary of homeland security janet napolitano will also speak. >> tesla has a plan to promoteanting to erect a 6,300' square advertising space outside the fremont factory and a city report obtained by our media partner rereels the 200 by 40 president foot sign would be on top of a 10' high column. the planning commission will vote tonight on the sign. >>> trading is underway on wall street. we will look at the early numbers. right now the dow is down by 93 points to 17029. >> f.b.i. is launching an investigation into a hack attack on j.p. morgan they stole account numbers. investigators believe russian hackers are behind the attack, possibly retaliating against united states sanctions against their country. >>> new this morning, brad and angelina have made it official. >> they tied the knot on saturday in france. a spokesman say the two said "i do," in a small private ceremony with family and friends this and the children took part in the wedding. joely watched down with her eldest sons and the daughters threw petals and two served as ring bearers. >> i cannot find a single ba

joining us now fox news senior judicial analyst judge andrew napolitano. >> nice to be with you, lou.can justice, is there any? >> only when the government wants there to be. i mean, on paper a person in mexico is innocent until proven guilty, but in a practical matter it's the other way around. even in china on paper a person is innocent believe proven guilty and when they don't respect the rights of the individual you must affirmatively be proven your innocence. he has not been able to tell the judge that this was an honest, legitimate mistake, a literal wrong turn in the desert pause he had guns that were unlawful in techec it and unlawful to mexico. to his possession. for team of post-trekked stress ask two -- this is a golden opportunity for a tone-deaf commander in chief to trade sergeant tahmooressi for another bum they want. he's good at making these trades. debe radical, for him to send five helicopters to swoop down and save him and bring him over the border. that would make barack obama an american hero for the first time since his first election. >> do you know, my suspici

originally broke the report in march of 2013, that 2000 illegal immigrant r-rp being released, napolitano, head of homeland security at the time said that was false, she said it was not thousands this report is a myth. and this is not true, but then 9 days later, they have a vice testify to congress that several thousands were released, and other instances, ig said that incorrect information was provided to congress, and indicateed that i.c.e. told them it was not intentional but because they have to gather so much data so quickly what they were asked the controversial questions by congress in march of 2013. ashley: that report describes what could be best described as a utter miscommunication, and mismanage. of the budget, are they fixed? it seems they knew that these issues were there, but had not done anything about them? >> the report states that more than a year later, the problem have not been fixed. it said that homeland security which supervises i.r.s. has trouble get -- i.c.e. has trouble getting budget and financial information to did is over site. ibut remember we're being aske

economy and our lives," university of california university of california president and former head napolitanowill also speak. >> the aftershocks are the aftershock was 1.8 so it is quieting compared to yesterday and the day before. larger earthquake we have a 2 percent chance. strong aftershocks of 5 or greater down to 10 percent chance. we will have weak aftershocks at 1 to 10 percent and 3 to magnitude. 90's are possible over the weekend and through the hell day on monday. then we drop to average on tuesday and below average which is 82. for the rest of the us we have 64 at the coast at noon. 66 at 4:00. more cloud cover than yesterday. 62 at 7:00. from low 70's to upper 70's from noon to four and back to upper 60 by 7:00 and inland, 80 at noon and upper 80's at 7:00. >>> we have a report in east appeal of a stall vehicle that could be causing a slow down as you head along southbound 101 at embarcadero road you could see this, it is blocking one lane and northbound traffic is moving along in front you approaching highway 84 and the rest of peninsula is fine and as it takes you to san jose t

. >> here from our judge napolitano tonight, it is a quote, rare crude and highly inappropriate, no grand jury should be meeting in the midst the decision to prosecute must be a sober, not a political or reactionary one. tensions are very high. is there not a great deal of pressure on men and women serving on this grand jury? men and women who heard the governor's statement, potentially tonight. is there too much pressure to be meeting at this moment? at this time? >> i might have an opinion on that or might not it's not going to be my call so i'm not going to opine on it. right now it's prosecutor bob mcallah to be the county prosecutor. he's the guy who has the decision on, i'm not sure you're aware of this. he could have prosecuted on his own. >> i am ware. >> without taking it to the grand jury. he, wisely in my judgment, elected to take it to a grand jury. that means people of st. louis county will have a say, the people who are impaneled on that grand jury. that is a safe guard for all concerned in our legal process. >> a missouri state senator has said if there is no indictment, if

this morning's march ended at the office of janet napolitano.tudent activists fear they'll raise tuition due to shortcomings in the tuition's budget as they've done in years past. >>> berkeley had a water main break this morning. they used a bucket to water their plants. a pipe burst on grant street near berkeley high school. about 40 customers lost water pressure. the fire department reported flooding in one home but damage was minimal and the water was mostly in the garage. >>> what we need is water falling from the sky. i don't think we'll get too much of that this weekend. >> no. spencer christian is here with our accurate update. spencer? >> we can't count on that. we can, however, count on more beautiful days like this one. it's stunningly beautiful here in the bay area. we've got sunny skies all across the region. some low clouds along parts of the coastline, but mainly north of the golden gate. we do have a little finger of fog pushing through the golden gate right now. here's a live view from abc 7 looking at blue skies over the bay, or

judge napolitano, fired on this one. he is up after the break. stuart: we turned south down, 29 points. reversal where which were last half hour. 16, four. news alert. news alert. despite about injury, tiger woods is playing in the pga national championship. he teed off with, he told reporters he is virtually pain-free and coaches quote seem he is back to normal. tiger currently one over par at pga. >>> listen to this, mary's gourmet diner, north carolina, offering 15% discount to customers who said grace before their meal. said grace, get a 15% discount. that ended because owners were threatened with a lawsuit. all rise. judge andrew napolitano. this is interesting. not a key issue. we'll get to a key issue in a moment. i want your thoughts on say grace, get a discount. along comes some organizations, sues you withdraw the discount. >> i can't imagine what the basis for the lawsuit would be. these people can give a discount for anything they want. that is not against public policy. they couldn't give you a discount for coming in being drunk and

. >> we've got judge andrew napolitano. he's apologized for the c.i.a. spying on the u.s. senate.ke to start? >> it's a very scary story. first of all, the c.i.a. works for the president and the c.i.a. gets to spy, lie, steal, even fight secret wars as long as it reveals all this accurately and truthfully to the senate intelligence committee and the house intelligence committee. when it lies to the people to whom it reports, who are essentially its regulators, a, it commits a crime. and, b, it loses the authority to do the things the president wants it to do. >> let's talk about authority, telling the truth and lying. let's watch what mr. brennan says in march with regard to these allegations. >> when the facts come out on this, i think a lot of people who are claiming that there has been this tremendous sort of spying and hacking will be proved wrong. >> there's a little bit of waiver about the tremendous lying and spying but this has never happened before. the head of the c.i.a. publicly acknowledging that his agents spied on the senate of the united states of america. that viol

joining us is judge andrew napolitano.ze this interview as not an interrogation. what are they getting at? >> this is not like a jail house interrogation where somebody is picked up off the street because a victim has identified them and it's not like a cross-examination on the witness stand where the defendant denies he did it and the prosecutor wants to catch him in a lie if he can. this is a conversation in which each side has a different goal. the prosecutors, this is a major general, very unusual an officer of this high rank would be involved at this level. the prosecutors know their case. they've interviewed everybody else already. they've interviewed his fellow soldiers. they've interviewed his commanders. they've interviewed any civilian eyewitnesses they can fd and who will talk to them. they want to know if they can get him to say something to fill in ha they know. defense has the opposite goal. they want him to speak so he appears human and normal and rational or even irrational, but not threatening and not crim

napolitano the head of security at the time said that was false.she said it wasn't thousands, this report is a myth, this isn't true. then nine days later, the head of i.c.e. testified to congress that indeed several thousand were released. and in other instances incorrect information was provided to congress, the i.g. indicated that i.c.e. told them it was not intentional, it was because they had to gather so much data so quickly when they were asked this controversial questions by congress in much of 2013. >> and also sheryl the report really describes what can be best described as the utter miscommunication and mismanagement of a budget. and yet, i mean these problems being fixed? it seems from this report they knew that the issues were there, but haven't done anything about them. >> the report specifically states that more than a year later these problems have not been fixed. homeland security has trouble getting budget and financial fgs information to do oversight of the agency it supervises. remember we're being asked to entrust a good chunk

the polls point andrew napolitano is found is the real hero. of people may not understand how fast you have to react. scott came from the third floor of a 24-hour fitness and was down to me in less than a man and a half to start test impressions. i would not be alive right now if it were not for him. gerri: you guys have formed a bond. tell us about that. >> well, it is very rare in an ems career that you go full circle from responding to someone in need and then meeting them in the hospital later and following up. to see him with his family and grand kids in the hospital really, you know, means a lot. it is the highlight of my career if. i have been doing this for 34 years. it is pretty impact will. gerri: pictures are amazing. seeing you guys getting together right after this apparently from what i understand you went 20 days without waking up. there was a big, long pause button in your life. >> i actually fell asleep for seven days and woke up for one. then i fell back to sleep for four and woke up for a couple of days. then i fell back asle

janet napolitano will set him straight. and thank you for your bravery. thank you colonel. thank you daddy. military families are uniquely thankful for many things, the legacy of usaa auto insurance can be one of them. if you're a current or former military member or their family, get an auto insurance quote and see why 92% of our members plan to stay for life. you are gonna need a wingman. and with my cash back, you are money. forget him. my airline miles will take your game worldwide. what i'm really looking for is -- i got two words for you -- re-wards. ♪ there's got to be better cards than this. [ male announcer ] there's a better way with creditcards.com. compare hundreds of cards from all the major banks to find the one that's right for you. it's simple. search, compare, and apply at creditcards.com. first round's on me. . neil: an activist and proud of it. attorney general eric holder saying in exclusive interview with juan williams from the hill. and i quote, if you want to call me activist attorney general, i will proudly accept that label. any attorney general who

napolitano. mrs. napolitano: i ask unanimous consent to bring about h.r. 15, to proper address the humanitarian crisis at the border. the speaker pro tempore: the chair recognizes the gentleman from oklahoma has not yielded for that purpose. the gentleman from massachusetts. mr. mcgovern: mr. speaker, i yield to the gentleman from texas, mr. o'rourke, for the purpose of a unanimous consent request. the speaker pro tempore: the gentleman from texas is recognized. mr. o'rourke: mr. speaker, i ask unanimous consent to bring h.r. 15, a bipartisan comprehensive immigration reform bill to properly address these humanitarian issues. the speaker pro tempore: the gentleman from oklahoma has not yielded for that purpose. the gentleman from massachusetts. mr. mcgovern: mr. speaker, i yield to the gentlewoman from hawaii, ms. gabbard, for the purpose of a unanimous consent request. the speaker pro tempore: the gentlelady from hawaii is recognized. ms. gabbard: mr. speaker, i ask unanimous consent to bring h.r. 15

fox news analyst judge andrew napolitano no barack obama fan says the suit will be thrown out and isentially a waste of taxpayer money because it has no hope of success. republicans argue that it's a a constitutional play. the president should be held accountable for overstepping his authority and he does not have the right to make law or enforce law selectively. a new fox news poll says 58% of americans believe mr. obama exceeded his authority under the constitution. 37% say he has not. nearly four in 10 democrats say he has overreached. a very high number of dissent in that party. from the beginning, conservative americans were suspect to president obama who is the most liberal president the country has ever had. his philosophy of social justice and income redistribution puts him in a position where detente is difficult with the right. those are core issues. the fact that the american economy has not prospered under mr. obama increased partisan bitterness. then there is his personal style. the president is not a schmoozer. he does not like the political game. he doesn't even try to

judge napolitano. all right, judge. they're saying they're not cracking down like they should.e is going away because they reach add secret settlement. >> before they did that mainline christian church entered the picture and said sue us because we want the court to decide once and for all ministers and priests -- i'm not sure what they call themselves in this particular church can talk about public policy from the pulpit. the atheist groups want them to refrain from endorsing candidates but as refrain from discussing politics. that's absolutely inappropriate. they preached secession. the country was advancing ford when they preached abolition from slavery. they have every right to encourage their parishioners, worshippers and congregants to go in whatever direction they suggest and the irs should not be monitored them. >> i talked to one of the guys from religious foundation about doing that. they reached this deal and now they've dismissed the case but without prejudice meaning they can bring it back and they said we're going to watch the irs. if they don't do a good job, we'

let's bring in the judge now, judge andrew napolitano is with us. i feel the way people view this is colored by their politics because you can look at it and say we don't really know. maybe this guy was completely stressed out and sort of out of it and just walked off, maybe done some drugs or something, who knows. or maybe he was a traitor. but we don't know. >> or maybe he was kidnapped. that's the reason why you have an investigation like this. and the investigators are professionals so they've already interviewed all the potential witnesses. they've already decided whether or not there's enough evidence to charge him and convict him of a crime. but under the law they have to give him an opportunity to talk to them. so there's no grand jury. there's no judge. it's just a conversation. what's unusual the person leading the conversation is the general. it's not normally the job of a general. normally someone work for the general. this general, sergeant bergdahl and sergeant bergdahl's lawyers and each side has advisers with them will be in the room

i said then when we had hill hearings before the judiciary committee and janet napolitano, said we'll take you to court on this. this will be litigated. it will be litigated because the president does not have legislative authority. he's only the president of the united states. if the president wants to somehow grant amnesty to one person, he has the prosecutorial discretion to do that. they argued in the memos and the daca memos, seven times in the morton memos on an individual basis only, individual basis only. prosecutorial discretion on an individual basis only. and they put in there seven times because they knew they were wrong, they knew it was going to be late gated. you don't do 700,000 people on an individual basis only. you don't suspend the law. the president wants the law changed. come to congress, ask us. when you take an oath to uphold the constitution, you better believe that it means what it says. and why would you just throw your authority over the side and say, mr. president, take this from us? that's not what you pledged to your constituents. that's not the oath tha

comments napolitano calls rude. now an aide has attempted to clarify his comments, but the video remains. can they have it both ways? that's next. woooo. i know what you're thinking. you're thinking beneful. [announcer]and why wouldn't he be? beneful has wholesome grains,real beef,even accents of spinach,carrots and peas. it has carbohydrates for energy and protein for those serious muscles. [guy] aarrrrr! [announcer]even accents of vitamin-rich veggies. [guy] so happy! you love it so much. yes you do! but it's good for you,too. [announcer] healthful. flavorful. beneful. from purina. remind me to tell her happy anniversary. [ cortana ] next time you talk to caroline, i'll remind you. [ siri ] oh no, i cannot do that. oh, and remind me to get roses when i'm near any flower shop. sure thing. remind you when you get to flower shop. i can't do that either. cortana, it's gonna be a great night. [ beep ] oh wow! thanks for the traffic alert. i better get going. now that is a smart phone. ♪ oh, wait ♪ it's 'cause you make

let's talk about with judge andrew napolitano. a lot of chatter about how this will play out and why he was rehabilitated, returned to dutyy say they kept him around, kept him on active duty because it gives them a better chance of pursuing a court-martial against him but there are also talks of a deal possibly letting him walk away, less than honorably discharged but not facing a court-martial. >> we don't know what army investigators know and if they're doing this according to procedure and most of these investigators are very professional, very seasoned people, they will have gathered all their evidence first and speak with him last so they can compare and contrast evidence that they already evaluated with his version of things. so they probably know already whether or not they plan to build a case against him or they want him to go away. they have a good idea of whether he's mentally sound enough to have committed these crimes. or whether he is unsound and whether his mental stability will become an issue with which they may n

listen to what judge andrew napolitano had to say about that on this program. >> i don't understand whathe theory of the lawsuit would be. if you're offended because the people in the next booth will get a discount on the bill because they said grace, go eat somewhere else. stuart: well the threat of a lawsuit was enough to get rid of the prayer discount. you viewers, really fired up about this one. we had a lot of comments on it. let me give you a couple. greg said, so, will that mean senior discounts, military discounts, good student discounts, et cetera, will be outlawed too? that is interesting. mike disagrees with the whole idea of a discount. he says, i'm a person of faith but the prayer discount is over the top. some of us are not comfortable praying in public despite being people of faith. i think that is great points. >> they're great points. you have to agree with the judge here. if people feel uncomfortable they can go eat somewhere es. stuart: is a free market. you're a free market -- >> i'm a free marketeer. stuart: yes you are. >> everybody like as discount. stuart: everybo

when keith alexander was in charge of nsa, janet napolitano and dhs, we met to make sure we understood the lanes in the road and how we can share information with understanding the strictures you have in terms of those sharings, but again on the other hand, the success is going in large part dependent on finding ways to utilize and harness the talents, the capabilities, the intelligence of the private sector to address terrorism in the cyber arena. >> what have you seen from the private sector? have you seen a willingness to do that. at the same time, as i have talked about, people are worried about turning over information. >> there are models out there where in a particular area, 60, 70, 80 corporations will come together to set up an exchange so you can exchange particular intelligence and then throw that intelligence over the transom to the fbi. so there are models out there that are just beginning to grow that we can follow. the only other point i would make is you have to take into account that the american public wants to understand and know what information is going to the fede

former homeland security secretary, janet napolitano repeatedly said that.owing we have a very violent criminal element, not just people from mexico. serious elements of terrorism. people from the middle east exploiting that border. we have a report that hundreds are using the open border to gain access to the united states. so you are right. it is a very serious problem. it seems like we are not so concerned about our borders but, instead, about things going on overseas when there is a very serious threat when it comes to crism and violent activity when it comes to what's crossing that border. let's not forget, in may, the administration, under immigration and customs enforcement, released 36,000 criminal aliens with serious records, including homicide, sexual assault and other assault. >> it is bizarre. we all agree the border wall in israel worked great. we paid for a lot of it and good for us but we can't have our own. >> we reached out to the department of homeland security but haven't heard back. >>> it has been three years since she was found not guil