tv Mornings With Maria Bartiromo FOX Business May 9, 2017 6:00am-9:01am EDT
nicole: after record-setting day for the s&p and nasdaq once again covered gas futures up 22 points. lauren: with that, we say good morning to maria bartiromo. mornings with various first-rate now. maria: good morning to you. i maria bartiromo. 6:00 a.m. on the east coast. sally is grilled on capitol hill. tough questions from lawmakers over everything from the travel ban to national security adviser michael flynn. >> the american public has been misled and importantly every time this lie was repeated in the misrepresentations were getting more and more specific as they were coming out. every time that happened, it increased the compromise. to state the obvious come you don't want your national security advisor compromise with the russians. tree to mark for the testimony yesterday including james
clapper reiterating the lack of evidence of collusion between russia and the trunk campaign. the electronic spin on sites could soon expand its u.s. officials reportedly considered adding restrictions on larger devices to both europe and the u.k. grandpa stressed the action. so for earnings for the s&p up 14%. disney, the company set to report "after the bell" today. analysts expect earnings of $1.41 a share. 111 and change. red america looks like this. again at the opening trading. investors at 20-point yeah volatility is up with something to wch today. the volatility index closed at their lowest level since 1993. europe stocks are higher. kids across the board are two thirds of 1% as it did the eax
index in germany. overnight markets were mixed. the cost be in korea closed presidential vote. the first trillion dollars company. high expectations of apple. the market cap $800 billion yesterday. join me to talk about it, dagen mcdowell. wall street global economics editor, jon hilsenrath. and mike huckabee is here. >> good morning. >> good morning. >> when we focus on? thanks, yates, disney? trade to that assassinating yesterday. what did you think question dark dagen: elizabeth warren is feeling jealous this morning
because there is a new the above poster gal. if you follow what was happening on twitter, i say skip the senate run. she's going to run for the president. maria: she came across as articulate. >> the equivalent of the dnc speech that then senator obama gave in terms of her performance. she lived up social media in terms of the left. >> during the something we've known for a long time. fun was the rabbi for the job in the chart administration got rid of them. >> what are we learning here? my pet peeve of the ongoing inveigation of potential collision that is not there between the chart administration in russia's. a lot of wasted taxpayer money. >> they got rid of the guy most exposed to that conclusion. >> how about sally yates. we didn't get to the real part of the story. who leaked this stuff?
we know the russians are bad guys. that's no secret. but who's the bad guy in the u.s. government who unmasked, violated a bunch of lies and leaked it out to the washington post. >> they were spying on the russians. >> that's what they say. this is a good teaser because were going to talk about this voluntarily. this is an important subject. join the conversation as military analyst general jack keane. defense attorney and author of a guide for i'm aroused voters. wisconsin congressman sean duffy along with former secretary of state condoleezza rice. the former secretary of state and the former attorney general under president george w. bush, john ashcroft here as well. big show ahead. to stay with us. a hearing on capitol hill for us. sally gates testified for the first time about why she warned
white house officials back in january. the national security adviser michael flynn could be compromised by the russians for statement he made to vice president biden pants. watch. >> we felt it was critical to get this information to the white house in part because the vice president is an knowingly making false statements to the public and we believe general flynn is compromise with respect to the russians. to state the obvious come you don't want your national security advisor compromise with the russians. trade during the three-hour lunch or intermediate stats questions about the investigation of russia. national intelligence james clapper says no evidence of collusion between the two. watch that. >> there wasn't -- the evidence that there wasn't any didn't reach the evidentiary bar in terms of the level of confidence were striving or the intelligence community
assessment. maria: back to the hearing, president trump treated the russia trump collusion story is a total hoax. when will the tax funded charade end? i know you want to focus on what president trump treated yesterday. your thoughts. >> i think sally gates had herself well. she is the first person on the left under the age of 70 who have sent to this day. she did a great job of doing it. it still is amazing to me that people like sally gates or james clapper go, when they get to tough question a second area that's classified. you talk about that. they say they are coded to close hearings, good. do it soon because there are some unanswered questions that need to be raised. maria: she kept going back to a gymkhana said that gymkhana answered the same question this way, so i'm going to go with him. clapper says i'm going to say exactly what he said.
she was very guarded for sure. a lot of questions she sang questions she said i know the answer but i'm not going to tell you. >> is what you want to hear answered. >> i want her for somebody to tell someone in authority who has the power to create an indictment who leaked that information. i want to know, was there intentional unmasking and surveillance of an american citizen which is a direct violation. >> these rarely go anywhere. can you name any cases where you find out the leaker and something happens. maria: maybe not, but the unmasking is a real issue. dagen: let's be clear about what we found out yesteay. we found out that sally yat and james clapper both of you at unmasked information on political opponents. he opponents. they said they did not take it to the press.
they admitted on office they personally viewed classified reports about mr. trump and his officials or members of congress on vast. both the bed they shared the information that they did to navigate to the press. >> earnings to be an information chain. who would have thought? i've looked at it. i it. if you did. there should be a record of how many eyeballs ever looked at the information. so not to be of limited universe to act like we have no idea. did you do it on your desk consuming, we. there's something on my desk. if you have them look at it, i can honestly testify before congress and never leaked it. >> to your point from the deal the crime we know about any of this is the fact michael flynn's famous leaked in violation of the law. when he was en masse but the obama administration directly to what you said.
>> they also wouldn't admit how many other people they unmasking how many people they serve failed. the question came at a number of times. for example, senator lindsey graham said were you surveilling any other candidate on the other side of the out question at there might be more, but definitely one. he didn't want to admitted obviously, that he was cornered. it was obvious they did a lot of unmasking and surveilling. >> we basically didn't get anywhere yesterday. a lot of no answers. >> a star is born. sally yates had a good day. other than substantively knowing her yesterday and today, the old classic question during the watergate hearings, no, we don't know a whole lot more. that to me is traveling thro the bigger picture and i hope people don't lose sight of this. we are a count that is unique in that we protect our citizens against their own government.
when the government can act against its citizens for political purposes, we are no longer discovered that we were created to be and above everything else, but many conversations somebody may have had with russians, not to scare the holy daylights out of every american. dagen: a man. maria: grade-point. dagen: at the end of the day, trump still fired him. despite any evidence that he was indeed compromised by the discussion he had that the russian ambassador, he's still got fired or he got counsel to president obama but you shouldn't either. he made his own decision. >> he saw he made a mistake in a corrected it. maria: expanded the electronic spam. adding restrictions to include our devices and more play. the details next in the apple be the first trillion dollars company? hitting a new milestone as its market value soars above $800 billion.
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security considering and in electronics larger than a cell phone on transatlantic flights between the u.s. and europe according to a cbs news report. your ipad would have to be checked for the long flight to rome for example. tsa said in a statement we have not made decisions on expanding the electronics fan. however, we are continuously assessing security directives based on intelligence that will make changes are necessary to keep travelers safe. a decision expected ahead of the busy summer travel season. however, the own safety concerns requiring laptops and tablets to be checked as the larger number of potentially dangerous lithium ion batteries and a cargo area. already in effect for many northeastern african airports. meanwhile overseas and the south koreans are flocking to polling stations to vote for new leader after the impeachment of former president. the record turnout suggesting voters are eager to move on
after ousted on charges of bribery and abuse of power back in march. the national election commission was voting for the previous election and the commission does it at the final turnout of 80%, the highest since 1997. liberal candidate is expected to come out ahead. he calls for a more moderate approach of north korea and a boost in fiscal spending to start job growth. closing 8:00 p.m. tonight. the winner to be sworn in tomorrow. bumblebee agreeing to plead guilty to fixing the prices of pouches at tonight in the united states. this according to the justice department. the company to pay $25 million in criminal fines. bumblebee takes this seriously and has cooperated with the doj. they wrote we accept all responsibility to earn back any lost trust in our company and will do so by act did with integrity and transparency in every way we operate our
business. connection at the investigation commencing senior vice president of sales is senior vice president of trademarks in both had to plead guilty in december. however, they remain on paid leave, still employed by the country. big names coming out. i went in before the bout. $3.30 a share. revenue of 3.54 billion is the expert patient from analysts. take a look at disney reporting before the bell. an eps of $1.41. revenue of 13.45 billion. the film division doing pretty well. there's your headlines. maria: cheryl, thank you. it was just looking at the earnings numbers yesterday and is pretty surprising numbers are strong. at 14.75% in terms of profit growth. >> the market was looking at something like 10% at the beginning of the quarter. companies beat expectations and
that helps explain particularly in the tech sector while we've got new highs on the nasdaq in the dow up 21 passing. maria: what do you hear from companies about what is ahead? >> what is puzzling as they are piling up all this cash, all this money and not seeing a lot of investment in the economy. day of $256 billion parked overseas. more than most american companies beat the question is when they start piling money back into investing to acquit him. >> 10% repatriation tax. dagen: wait around for the trump administration. >> a lot of people are waiting around for something to happen and it's months of rest away. dagen: one thing i will point out in terms of companies beating expectations, we wonder why it that tech stocks continue to rally. the percentage of firms the
estimates are higher than the broad market average. 86% first-quarter earnings expert teachings fall brought the s&p 500 was just 75%. >> the other thing this tells us where does both quarter growth lies. these numbers suggest that too. maria: yes, they sure do. yesterday kevin mccarthy was here and he said tax reform will happen this year. we tried to get a timeline. >> it should have been this week. don't do the whole package at one time. take on the low-hanging fruit. take on the corporate tax. lowry. just jumpstart this economy. i don't know why they don't do it. they got the president to sign it. go do it. >> to procedural issues because they do while this to the reconciliation process and they need to do health care first before they could even get to texas.
maria: is hard to get anything done. they have to do reconciliation. >> he can make changes in the tax code. >> if they get democrats to work with them. eight democrats in the senate who work with them. >> you know, with the democrats not doing that, harry reid has already greenlighted. give them a majority, simple 51 in the sate. call arigger, get it done. maria: speaking of apple, d major milestone. market cap at a new high as the company nears becoming the world's first trillion dollars company. echo 2.0, and the sun to unveil its latest devices were at the new price tag. we are back in two minutes time. the ♪ whoa, this thing is crazy.
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maria: welcome back. could apple be the first trillion dollars company? $153, 50 cents a share. the market value cost market value crusted under billion yesterday rejoining us now now is atf president shawn o'hara talking about this market. great to see you. >> congratulations to you and your whole team amtran fahrner continues reading dominic. maria: thank you rear part of a paired with a great show every day. fantastic ask him is smart every morning. every morning we had the smartest people in business on the program and in politics. dagen: started with you. an icon who works tirelessly.
brilliant. i'm lucky. maria: apple is on other topics. what you what do you think that tells us for the broader market? >> i think it is a bigger tax story d apple is part it. i was looking this morng. i'm an etf business. so much of the attention is focused on broad-based and expensive bts. we have an etf based on the nasdaq 100. year to date as a 13%. everybody's thinking the right thing to do this by 7% when the 13 is out there. what holds back as you think of the nasdaq like we used to in the old days when there were real companies. apple trade 17 times earnings. if they knew not that. the nasdaq today is the new bellwether if you will for a large cap. maria: i like that. >> you talk about the nasdaq 108
big companies are dominating. we live in this word for in this world worried that the guys are doing something really well, but the startups are showing up in driving the market higher. >> once they get to be viable, the big guys sleep at night because they have too much cash. if you ever watch poker on tv, he can push the whole table around if he wants. apple, facebook, amazon can and does big stacks that dominate returns in the market can push everybody around them they will just wait. >> is that healthy? do we want startups out there turning into the next big thing? >> you know, i guess that is the unknown if you will. there's always unintended consequences for things people can see around the corner. maria: you are saying this is a much different nasdaq, more fundamental and stronger companies generating cash flow
and real probability rather than looking at the nasdaq in 1991 where investing in it because of the website. >> we are not talking about revenue. cash flow matters. cash in the back. article the other day with $250 billion. as in simi valley as tesla is, they could buy the whole company with a fraction of the cash they have. >> so should they do that? what should apple do with all this money? >> who are targets. disney should take 100% of their cash. netflix on there, which would take 30%. hulu on their permit ea on there. a lot of potential different targets. i guess what you try to figure out is how to integrate them. >> were talking with all of our folks the other day about amazon. one of the things is amazon is a behemoth to the nasdaq 100,
which by the way i start to get a little nervous with what's going on. all bull markets in an euphoria and bear markets and in capitulation. >> i don't think we are there yet. amazon is another company that has huge cash and can figure out how to assimilate things. they are starting to think about should we make our own delivery company? that's the way these big companies squeeze every little bit they can. maria: before you go to the fix, what story volatility? dagen: there is no volatility essentially. there is a giant amount of complacency in the market but there is essentially no fear. yesterday it lowest level 1993. that makes they never said nobody sees anything bad on the horizon for lack of a better phrase is >> is something that should be on people's radars. it is in a euphoric rage.
nobody sees any risk anywhere. the euphoria and capitulation, there's oval group of assumptions people make. it's gone down so much i can't sell now in holy cow comic acting out. we think it makes sense to have a plan in place in advance a trained strategy to move in strategy to move in and out of equity based on broad market to provide some downside. >> the last time it was slow was 1993. that's a great read for stock market. maybe it's not such a bad thing. dagen: we had solid interest rate is a tailwind first.searches.could have been. >> it is remarkable volatility is so low that time in april of this money back. maria: the lead story in the journal pointing out there's n anxiety. everybody is bullish. we will see about that. sean, good to see you. thank you so much. shanahan is president. fighting the war on terror.
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tuesday morning, thank you so much for joining us. i'm maria bartiromo, it is tuesday may ninth, top stories right now 6:30. >> he wants to make sure that we defeat isis. that is something that is in our national security interest, make sure that we protect our people but does so in a very responsible smart way. he talks about not projecting where he's going and not what he's going to do to let the enemy ahead of time. maria: new satellite imagery, new nuclear launch sites in north korea. latest this morning. the chicago police department warning officers that gangs are armed with high-powered weapons, more on the war on police next.
outrage in sunshine state. fights breaking out in ft. lauderdale. the shocking scene coming up. futures indicating a higher market open this morning. dow industrial opens 20 points, nasdaq also positive. we are watching volatility and european stocks are higher for the most part. take a look. the ftse and dax index up about one half of a percent. in asia overnight, markets were mixed, hong kong was the best performer. there's a holiday in korea, the kospi was closed for the country's presidential vote. alexa is getting a facelift. new amazon echo expected to be unveiled today. first top stories, new strategy on the war on terror. top u.s. military officials reportedly want to send at least 3,000 additional troops to afghanistan to break the long-running stalemate against
the taliban. joining me right now is fox news military analyst general jack keane. general, great to see you. jack: good to see you, maria. maria: we know that the president has not made a decision on this and we are waiting on more information. twhuild be a good call, do you -- do you support sending 3,000 additional troops to afghanistan? jack: yeah, i absolutely do. i sense the president probabl is reluctant to do this because he doesn't want to get involved in a protracted war, the truth is he said once before that president obama left him a mess and this is a mess, disgration -- disgrace that we haven't finished this war and then when portreus came forward and asked president obama for enough troops to win this war, he never gave them enough. he cut them back 25% and pulled them back after 15 months.
urs policy has driven us to this point. it's not a stalemate. they are on the move. what are we going to do? are we going to stop the blooding or walk away? this is a tough call the president is going to make. i'm in favor of stopping the blooding and ending this thing once and for. we may actually need more troops than that and likely to make this decision this week before he goes to his nato summit next week. maria: there's also the speculation that he may ask nato to send the troops, our allies between 3 and 5,000 troops, not just america. >> nato has only gone to war one time in this entire existence and that was because of 9/11 nato went to war along side of us, they have 4 or 5,000 troops
right now. it would be appropriate for the president, if we are going antonio creas troop levels to ask them to participate. if we increase our numbers, i'm convinced they will increase numbers as well. maria: north korea, the threat is getting worse, satellite imagery uncovering man-made islands and testing site off of the coast of the country. they suspect the islands could potentially be used to launch missiles. what come of advantage comes with artificial islands and what do you make of this new imagery? jack: they are probably going to be for that purpose. it's not like china making islands in the south china sea influencing the flippence and vietnam and having military capability considerable miles off the shore.
this possible is an extension of this capability. whether they do it on the mainland in terms of launching missiles or whether they do it on islands is not all that relevant. the issue is conducting ballistic missile testing is what we are trying to stop. maria: are you comfortable with the tact, making sure that north korea knows that the u.s. will act, i mean, are we on the right path here or is this the beginning of something explosive between the u.s. and north korea. jack: potentially explosive. i think the president has made the right call here. he has economic sanctions, chinese are doing it. we are involved in it ourselves an he's put the military option back on the table that clearly has got north korea' attention, it's got china's attention. our allies know that we have our back, that's not the case with the previous administration, so
i think he's made just about a good a call as he can possibly make dealing with a very difficult situation here. maria: according to new report from homeland security, home-grown extremism steadily on the rise, last year alone 39 cases in 20 states, 39 cases of home-grown terrorists. what can be done to curve extremism in the u.s., home-grown situations. jack: this is the toughest thing our law enforcement and counterintelligence folks are dealing with, because it's so hard to detect. the fact tt we have 39 recorded cases i think is a credit to the investigation skills that we have in this country and i'm sure they are all over the internet and trying to watch them. the secret sauce here is when these people become radicalized their behavior, their attitude, their speech, their dress start to change and people when they notice that, have got to do something about it, maybe a colleague, coworker or family member, you cannot let that
person get to the point where they self-radicalize and become violent and we have internet seeded in these cases and stopped them before they become violent. in some cases, they wanting to back to syria, in other cases they were moving towards radicalization leading to violence but stopped by investigative authorities. the fact that it was on the rise is surprising. maria: how do you find out? you're relying on people that live near the individual to identify things have changed, you know, they look different, they are acting differently, there's really nothing else to do other than rely on people to come forward about it, right, or is there a plan no place to actually target home-grown terrorists? >> it's so hard to target them because they are not directly connected to the organization where they are in communication with it. what they are doing is they are on the internet, they are on the radical sites and that's our sauce. we watch that. i'm confident that some of this
detection has been picked up because of this but others is because of behavior and attitude and they get detected by people around them. as long as people are aware that radicalization is going on and when they see it, call the police and let them determine whether this is real or not. maria: no doubt john kelly is on this. we will see you soon, general jack keane joining us there. echo 2.0, updated digital assistance with new capabilities and major price tag. mother's day even sweeter, the beau yet to sure to leave moms smiling, coming up think your large cap equity fund has exposure to energy infrastructure mlps?
maria: welcome back, markets have a firmer tone this morning even though volatility is at lowest. dow industrials up 30 points here, nasdaq up as well a fraction. a couple of names up and down dora, 150 million-dollar equity. stepping up efforts to find a buyer for the company. it is exploring a possible sale in the face of stiff competition from spotify and apple. battlefield are expected to drive revenue, 75 cents a share. ea shares are up 50% just over the last year. meanwhile chicago police are warning its officers that afghanistan are armed with high-powered weapons, cheryl casone with the details, cheryl. cheryl: police are warning that the weapons can be powerful enough to pierce bullet-proof
vests. the victims all members of the same street gang, eight others injured. this also coming after a gang member recently sprayed a police with more than two dozen rounds from assault rifle. they are increasing patrols in one area of chicago, we should say in particular. fox news has confirmed that senior white house adviser ivanka trump and scott pruitt will meet today to discuss the paris climate change agreement, that meeting will take place hours before a larger white house meeting in which time ivanka and other key advisers are going to weigh whether or not the united states should leave the paris agreement. pruitt has called the accord a bad deal for the u.s., ivanka who we should say has made clie meat change one of the big issues has been asked to review the 2015 paris agreement that was signed by president obama. okay, amazon may announce the new echo speakers earlier as
today, they claim that it's the upcoming echo speaker. no confirmation of that from amazon but sources say they will have screen to incorporate video calling, no more voice and also going to allow use toaster make internet-based phone calls and 7-inch touch screen and visually answer verbal questions. so what is -- does alexia look like? we will look. forget flowers. the doughnut bouequet. looks like u -- a nice -- it has a bow, the company said, quote, we wanted to give mom as something as sweet as she is. [laughter] maria: unfortunately it's loaded
with sugar and i don't know how good it is for your mom. cheryl: wait a minute. hold on, back off. i don't know. maria: what do you think, dagen. dagen: that's a gift for yourself. maria: yeah. dagen: hey, mom i brought you a bouquet of doughnut holes and the children proceed to eat them all. >> i'm not even sure that flowers work anymore. people want something that's unique that shows maybe creativity other than just say, i'm going to get you flowers and candy and sometimes it's like create, how creative is that. dagen: here is what is unique, nothing. maria: i'm going to go with slippers for my mom. dagen: face cream that he uses.
maria: is this just another disaster? has something change that had we have seen so much violence and upset? >> you know, the pr problems, the policy issues they have are just symptoms of the deeper problem and so many companies in the airline industry, they are fundamentally broken. they lack what i call organizational health, they are so dysfunctional. they can change all the policies about overbooking and they can negotiate with the union, but until the executive team gets better at leading, none of this is going to change. united has been in the news a lot, for 25 years this has been going on, these are just interesting symptoms. the fundamental problem exists at the leadership team and you contrast that with southwest airles where it's just a different world. it's just a different world. maria: it's true. dagen: i'm going push back, we were talking about it during the break, a huge part of the problem, fights break out, it's the passengers, it's people who
misbehave in the airport and you can say that they are frustrated because of security, because of the overcrowding, because the seats are small but ultimately these people behave boorishly and that's a huge part of the problem and one of the reasons that flying got awful. >> patrick -- >> i don't know what's the chicken or the egg. i think the origin of the problem is the way passengers are treated. yes, some people react poorly but when i fly, i talk to the employees there and they describe their management the same way we describe them. they are treated by their management the way we are treated by them which makes sense. they shouldn't, but they're looking for somebody that they can talk to who is responsible and when i herd about what happened at spirit, you know, we would like to think we would never do that, i understand the visceral reaction of people being treated poorly. i don't know if you saw the
couple got removed because they did policy change and they were going to throw them in jail. i never condone that kind of behavior. i certainly understand that customers have had it. dagen: as long as we make excuses for bad behavior, the more they are going to do it. policy is policy. if i'm told by an airline employee, i dog on well do it because i don't want to get thrown in jail. that's the post 9/11 world, like it or not. maria: that's right. >> i completely agree with you. customers this treat their customers this way go out of business but because they are protected and regulated and the unionization and everything else, they do not have the consequences that they have for their behavior. i totally agree. i think they just lose control.
>> patrick, it seems that there's a systematic problem would be p within the airline experience and it's not just the carriers, it's a security issue, it's the way airports are managed, the process is stressful by the time the customers get ready to board plane, they are about to loose it and you have employees ticked off at the company they work for because they are not given maybe salary increases, they are not given good conditions, then you have an absolute recipe for disaster and, you know, i've seen airlines like american, united, i fly all of the stinking time. when you have somebody who just ruins your day, the whole experience starts going south. i will contrast that, i fly delta most of the time, they make mistakes but day in and day out they do better and the reason they have turned a lot of their profits back to their employees and they say if we do well --
dagen: i love delta and the people who work for them. every time i'm on a plane there's some jerk who shoves me to board before me even though we are sitting in the same row. you know what, it's not the fault of the airline. there's a big loud-mouth jerk every time i board and it's not delta's fault. >> kick him, dagen. dagen: i would get arrested. jon: how is the experience from international airlines than the u.s.? what are they doing right that the american airlines are doing wrong? >> you know, what they do is they have a strategy. they are clear about priority and taking care of best customer and giving them the best experience. the problem with united, there's no clarity on what they substantiate for, culturally and strategically. you fly the airlines it's like what do you believe in, what's important and what's not. southwest is a great airline because they know who they are.
delta is better, so is alaska but most of the big legacy carriers is generic, the dmv in the sky, frankly, what do you do with that? maria: after the whole incident, you have to question what the heck they were thinking there. >> i agree. maria: patrick, good to see you, thank you so much. >> take care. maria: patrick joining us there. body like a bottle. take a look at all these bottles to represent women's bodies. not really. [laughter] al plan and see what we can do. ok, so we've got... we'll listen. we'll talk. we'll plan. baird. at angie's list, we believe
maria: welcome back, happy day, everybody, thanks so much for joining us. i'm maria bartiromo, it is tuesday may ninth, top stories right now 7:00 a.m. on the east coast. future of president trump's travel ban in question. a u.s. appeals court reviewing the controversial executive order after several states challenge the ban, watch. >> there's no question that the president has authority, he has vast authority but the president doesn't also get a blank check to violate the constitution. >> the intent of the travel ban was very clear. there really shouldn't be any question as to why the president is doing this and the idea of making sure that we are putting the safety of our country and our people first. maria: more on that executive order coming up this morning.
a suspected serial killer in cuody in arizona, he's accused of at least seven murders in the phoenix area. details coming up. markets look higher, earnings for the first quarter, up for s&p 500, that's been the backdrop to the market. nasdaq, s&p 500, also in plus column this morning. the volatility index, so-called vices something to watch. volatility closed at lowest level since 1993. worrisome signs. in europe stocks are higher. you have the ftse 100 up two-thirds of a percent as is the dax index in germany and the cac quarante in paris up a percent. korea was closed for the country's presidential vote. target is taking on amazon, retailer testing a delivery service similar to amazon's pantry, what it means for your shopping experience coming up. dove may want to wash away
latest marketing ploy after the internet explodes over the company's new body-shaped bottles. yeah. it is dessert with a bang, how you can get the hands on the new firework oreos and name the cookies next flavor, all the stories coming up and joining me to talk about it fox business dagen mcdowell, jon and arkansas governor mike huckabee. great hour so far. >> thanks for having us. it's been fun already. [laughter] maria: fun he said. jon the last segment got you fired up. all this talk about travel hassles. dagen: i don't want to get arrested and you have to stifle. people treat you like garbage. i'm talking about the other passengers step all over you and i had to bury all of my frustration.
maria more until now. >> either side who gets to fly, and i will pick out the passenger who is have no business going anywhere because they are idiots. [laughter] maria: we get it. we know. dagen: when you go through tsa, if you want to make it easy and fun, volunteer for the pat down, just do this. they are thrown off, ma'am, you could go. [laughter] maria: in precheck, leave your darn shoes on. don't get me started. [laughter] maria: congressman sean duffey is with us this morning. andy puzder. john ashcroft is here. big show, stay with us throughout.
we kick it off with top story. the judges chose to hear hawaii's challenge was randomly selected but three had been appointed under former president bill clinton raising questions of democratic opposition, listen to how a reagan attorney judge questioned and how this seems purely political. >> if some other candidate had won the election and issued this executive order that's before us, i gather you would have no problem that? >> yes, i gatt ner that case -- i gather it would be unconstitutional. maria: you have to connect the dots for me. >> i said on the big show that the big issue in front of the court was going to be is this order constitutional on its face and if a different president, say, if hillary clinton had won
or barack obama had enacted would it be constitutional. by saying, yes, i think the lawyer conceded in many respects, i think the lawyer conceded the case. the other side made concession as well. the other side was asked, what if president trump had said, would that strike down the statute and the lawyer for the government said, yes, that would strike down the statute. one of the judges said, be careful, you're opening the door too much so both sides have made concessions but the key issue that the supreme court will decide and this will go to the supreme court is whether you look at the ban on its face or you look at what a candidate said while running for office and i believe the court will ultimate i will say you look at the order on its face. you don't look at what a candidate said previously. maria: before he took the oath of office. >> that's right. maria: governor. >> i find it amazing that we are having the argument. from the beginning, i've heard you repeatedly say this is not
how you feel about donald trump, it's not about whether you agree with his policy. you might think policies are totally off the wall but it's whether he has the legal authority to do it. he can make the decision, he made the decision, if you don't like it, don't elect him another time. maria: guess what, the judges have done enough to just keep this order from going through. whether you like it or not -- >> the countries that were picked, they were picked by president obama. they were in his original order. so all president trump was saying, i'm going to take president obama's original order and eliminate one country and impose a 90-day ban. i think they are going to uphold the ban. there's a big difference as the governor said between approving of a statute, as a matter of policy and striking down and sally yates misunderstood that herself when she said, i think, i disagree with the policy
behind the statute but she couldn't quite bring herself to make the argument that it was unconstitutional when she reinforced to enforce it. as the acting attorney general, she should have litigated this even if she disagreed with it, leave it to the courts as one of the senators said, who appointed her to the supreme court. maria: that's right. jon: what does it boil down to the supreme court? >> it boils down to an issue of first impression. never before decided by the supreme court. if you have an order that on its face is constitutional but was written by a president who said things as a candidate that might suggest religious bias which is somewhat questionable, can you take into account what the candidate said in looking at an order that's otherwise constitutional and find it unconstitutional. jon: why would you? >> as one of the judges put it, what if you had a guy who ran for office -- say if marine la
pen had run in the united states, she clearly had racist views, antimuslim racist views, when i get elected, i'm going to make sure no muslim comes to the country. can you take an extreme statement into account. nothing president trump -- maria: nothing comes close to that. exactly. hard to imagine that because trump never said anything like that. >> what he said was a muslim ban, that was a shortcut and then he d rudy giuliani said something that i found to be ambiguous. what rudy giuliani told me to make it legal, don't make it a muslim ban, make it something else, make it a ban or terrorism and that's what ultimately in the second order particularly the administration did. if i were betting money on outcome of this case, i would bet on the supreme court, not even 5-4 but 6-3 or-72 upholding this order. >> one of the questions that came out of yesterday with sally
yates was from the senator of louisiana who said, we have a presumption that allow is constitutional and declared not to be. speak to that, because i thought it was a powerful moment and sally yates could really not respond to that. >> that's a really important question. let's assume that you have a attorney general -- let's assume you have statute that black people are going to drink from different water fountains, you'll never get that, the attorney general in the united states can't defend that even if the supreme court can't declared unconstitutional. but if you have an arguable case, half the judges one way and half the judges the other way, if you're an attorney general, you're advocate for one side, you make the case for its constitutionality, you leave it to the courts to decide. that's what the adversary system is about. maria: dagen, what do you think? dagen: alan, let's say the travel ban case goes to -- as you said it will go to the supreme court. how would this decision be
applied in our everyday life? how would it be applied to other cases potentially? >> remember, it's only a 90-day ban. it would not have impact on the daily lives of anybody. if you're a person from one of those states and you're prudent, you don't travel while the ban is in effect. you don't get yourself and after 90 days we will have a new law and we will see where the congress would broaden it beyond that. the issue of discrimination against muslim is a real one all over the world and we have to deal with it. the question is the context. muslim americans have a right not to be discriminated against but there's nothing in the constitution that gives that right to a person in yemen of muslim faith who has never come to the united states who wants to have the right, not a right, it's a privilege to come and
travel to the united states. you have to distinguish between americans and people who just want to come to our country. jon: we are going to be arguing for years over a 90-day ban. maria: that's true. 90 days. jon: what does that say about the security risk that they are trying address in this 90-day ban? we haven't had terror acts here. >> ic you can make a strong argument in policy that this is not the best way to protect but that's for the president to decide, that's for maybe congress to decide ultimately, the courts aren't experts in weighing the security advantages and disadvantages of one program over the other. they are experts only in deciding the constitutionality. >> don't you think it was right to fire sally yates for not carrying out her duty? >> i think that she invited firing for not carrying out her duty. when it happened, i criticized her. she should have carried out duty. she should only quit when she is absolutely certain that no
reasonable court would ever find that the ban was constitutional. this bandied not reach that criteria even the first -- didn't reach that criteria. maria: what was your overall take? >> i thought the part that dealt with her telling the white house about flynn she came across very well, very sobber, someone who was trying to protect the integrity of the united states, someone who alerted the white house to a potential problem of blackmail and i think we have to hear now from the white house, why they didn't seem to do anything for the period of several days between the time she told the white house and the -- jon: but they ended up firing. they did the right thing. >> they fired for not telling the truth tohe vicpresident. he should have been fired as well for posing a major security risk even if he had told the truth to the vice president, why didn't he tell the truth to the vice president? because he's afraid he would get fired if he did.
maria: what about the whole leak story? she didn't offer anything on how this got out. >> no, we have to think seriously about leaks, very serious. when they involve classified tirl as an american, whether you're a democrat or republican, you have to care about leaks coming from the government. that never should be justified. i was happy to hear that our our national security director that he said never leaked anything. maria: thank you so much. coming up a suspected serial killer on the loose in phoenix has been arrested. details on arrest. nabisco firing the new oero flavor
maria: welcome back, police in phoenix have caught an alleged serial killer alleged of killing nine people. cheryl casone with all the details. cheryl: the serial street shooter case in phoenix. authorities were perplexed for months, erin sacedo is behind bars, now implicated for that string of deadly random shootings. yesterday he was rebooked on 26 additional felony counts,
investigators believe he carried out shootings between august 2015 and july of 2016 in a predominantly latino neighborhood. they have not identified a motive yet. we want to update you now on the white house climate change meeting that was set for today to include white house senior adviser ivanka trump and epa adviser scott pruitt that meeting we have learned has been postponed. we will let you know if we know of a new date for that meeting. headlines for you, facebook says it has deleted thousands of accounts ahead of uk general election in june, this is part of an attempt to eliminate the spread of fake news on the site. facebook also bought ads in several uk media outlets add -- advising the public on how to spot fake stories. facebook says it's working with outside organizations to fact-check and analyze contents
and leading up to the election in the uk. okay, well, some new dove bottles aren't going over too well in the uk. tv ad where dove unveiled bottle that are suppose today represent shapes and sizes. i know which bottle i would like to be but i'm not. anyway, celebrate body positive but backfired. a lot of sarcasm on twitter, of course. a spokesperson from dove just crawled out of my shower to tell me all bodies are beautiful and men can play sports too. i don't know. if s asked you to pick up dove shampoo from the store, just know it's a trap. maria: that's funny. [laughter] cheryl: the spokesperson from dove isn't responding for comments. come on, talk to us. nabisco trying to give a spark to famous oreos, it's offering
fireworks oreo, rainbow sprinkles in the middle. the winner gets 500,000-dollar bonus. maria: wow. that's big money. $50,000. some ideas. jon: desperate companies to get our attention. >> they want fireworks, add pop rocks. put a thing of pop rock, you have a mouthful of flavor. dagen: how on trend are you? >> give me my 500,000. send me my check. maria: health insurers in connecticut seek double rate increases for next year. canadian prime minister justin trudeau to pick about nafta, coming up
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>> good to see you, maria. maria: connecticut insurers are saying this is in response to huge drug costs. >> we need to control our health care spending in this country and the best way to focus on that is add wellness and prevention. how we pay for health care we will leave it to the political world to decide. at the end of the day, we need to find ways to keep people out of the hospital and only two ways to do it, wellness and prevention and remove procedures from hospital to site. bottom line is people need to understand that over 70% of health care spend relates to diseases, that is cancer, that's diabetes, pulmonary, cardiac and
mental care and all of these together, we need to make sure that the public needs the focus -- maria: bad eating and smoking. >> yeah, lack of exercise. dagen: but cha is changing human behavior and it requires self-determination and personal responsibility. >> yes. dagen: nobody in government will ever admit that. >> that may be true, dagen. stan, i think the most important thing is that people can make lifestyle changes. we have done it with smoking, seat belts. maria: we had doctor, one of the people, he believes we are living into our second century. >> yes, the number of people is going to grow, having said that, the over 80's are having mental challenges and need to deal with these things and the best way to do it, i don't want to put responsibility on you,
it's the media, oh we need to educate governors and i know mike when you were a governor you advanced rok as key components of health strategy. we need that throughout the country. dagen: i want to follow up on something you said, in terms of cutting back smoking that was government directed. >> correct. >> the governments made it impossible to smoke in public and they made cigarettes so expensive that people simply stopped smoking. maria: what should we do, tell them to stop eating cheeseburgers? >> exactly. maria: what are we supposed to do take away the sodas? >> absolutely. maria: with no justification -- what do you tell the burger
maker? [laughter] maria: we know what causes heart disease. >> we attack the tobacco people at one time and we said and said tobacco is bad for you. >> the first role is media awareness, training and education. >> yes. >> government codifies a new behavior. they can't force it, dagen. it's after the cultural atmosphere has change that the government acts. dagen: it was the government labeling of cigarette packs. you smoke, you die. >> spoke about the importance of reducing -- eliminating cigarettes, exactly how it's implemented it's not as important. jon: what we have to get rid of? >> we have to make sure that we exercise, smoke less and eat better. maria: yeah. >> you know who said that tommy
thompson when he was secretary of health. maria: that's true. people don't understand what's bad for them, people don't understand how bad things are, whether it'd be sugar. henry just posted earnings, full year guidance, characterize the quarter and how that fits into the story? >> at the end of the day, maria, the henry shine story is about advancing wellness. we have about a million dentists, physicians and veterinarians that do business with us. actually it's a million customers, a million half practitioners, taking care of people, preventing them from getting sick and if they get sick, taking care of them outside of the hospital. this is what is bringing henry schein. maria: you make a lot of important points. stan bergman joining us there. senate plans to replace
much for being with us. i'm maria bartiromo, it is tuesday, may 9 wore top stories right now 7:30 a.m. on the east coast, heat over health care lawmakers facing anry crowds at town hall meets over plan to repeal and replace obamacare white house secretary sean spicer defended the bill yesterday. >> we want every person to have access to health care that covers preexisting conditions, but affordable, and i think the steps to be taken last week to imperceptibly it that if it were to pass through house, clearly -- highlights priorities. >> he is very concerned that we are facing a choice right now where obamacare is failing and dying. and that if we don't act the people won't have access to health care. maria: very latest on health care battle as the senate gets to work crafting a bill of their own under fire at penn state alled haigdz death of a stein difficulties reveal tragedy fine hours 18 frat
members face charges in his death. >> outrage in ohio after a school suspends 7th grader for liking a picture of a gun, on instagram, parents response to treatment coming up, futures indicating a higher opening for the broader averages on wall street dow industrials set to open up 30 points nasdaq s&p 500, also, trairgd higher this morning in europe stocks are higher as well, up, about two-thirds of 1%, on the ft 100 dax a third of a percent higher on cac quarante in paris in asia overnight markets mixed hong kong best performerer hang seng next up 1 and a quarter percent kospi closed for the presidential vote we can tell you moments ago, new exit polls show that liberal account moon jhas won the presidential election. >> targeting pantry target takes on amazon with a way for customers to restoke household about essentials coming up this morning, fallout from health care vote in the house continues as senate gears to up work on its own bill house
republicans are facing a whole set of new challenges, with planned protests new tv ads even a democratic congressman holding a town hall meeting in republican neighbor's district raises the question are republicans losing the messaging war joining us right now, to talk me about it, we are going to talk about that first though here isou majority lead ken mccarthy had to say yesterday when pressed on the issue. >> repealing obamacare, is for the first time in history one of the biggest entitlements but by doing, so you gave people greater choice, you gave them better health care case they got to decide have that relationship, to see what they want to do we are actually able to put private sector in you are going to be able to have choice control the costs. >> that is better messaging than we have heard from a lot of your colleagues in terms of. >> because i spent the morning with you -- >> joining us right now toaway in republican congressman sean duffy of wisconsin good to see you thanks for joining us. >> good morning.
>> what about that kevin mccarthy agreed maybe we are losing messaging war even if you have fundamental story if you are not communicating well to your constituents, and the public at large, it doesn't matter; right? >> take the truth of what democrats are saying aside because it is absolutely false, it is republicans responsibility to get out and message this bill, and i have expressed that to everyone on leadership team we need a rapidly response team democrats libldz continue to put you will falls stories about what we are doing in health care we have rapid responses day by day responses what did they say that is not happening if you are going to win the vote, not just in the house but in the senate, you got to win the debate, and that happens in the media and everyone in power to go out there fight it i got to tell you it is not happening rightly now i would agree with you. >> congressman tell us then
what is it that your fighting for the line from republicans has always been well repeal of obamacare, so what do you want to create in its place? >> so first off we have to acknowledge what is happening democrats are saying people are going to die they want to send republicans ashes having die-ins, the bottom line obamacare is imploding unless subsidized by government you can't afford health care minnesota 50% arizona a one hundred percent doubled cost of premiums one year, iowa 894, 99 counties not going to have any providers in their counties, so this thing collapsing our job to go how do you make markets actually work in health care, we are trying to bring more choice, and competition, more market prilz into health care, so we think will reduce cost, and as you heard on this show there is three phases to this this bill that we passed in the
house one, prices work on regularly -- we have to come back with a bill going to be democrat buy-in brings competition across state lines tort reform three phase process i think can save health care. >> seems like one big failure has been that you federalize an issue the problem of obamacare you have a one-size-fits-all for all 50 states rural urban everything. couldn't the republicans look at this and say, instead of trying to create a federal program, we're going to road test various ideas take 10 states for an idea 10 states voluntarily take a appease find out what works, and you decentralize control aspect of health care he delivery woeblt that be more republican idea than still having it based in washington somebody has to figure out how to make it work in urban boston the s same way they would in rural arkansas. >> governor great to be on
with you, as you know i am a huge fan, you always make so much sense a great point. we do have the opt-out provision, in this bill that gives states autonomy authority have to set up health care the way they see fit, to your point is a right way to do health care, instead of having the brats centralized in washington make bureau cats making decisions if we give control to states to people, because as you know, the bureaucrat in washington doesn't know risk i face or risk that i have with family let me pick a plan that works for in the my life i have 8 kids with rife rachel you might think pretty smart duffy buying maternity coverage but if you have 58-year-old couple, they might go well you know that is probably not a risk we face in our life let's let people pick plans, that fit their risk and can when you do that, you are able to bring prices down, not only that, if we can help people which we're going to with preexisting conditions and you get the government to
step in, and help move them from the pools, because their helping with premiums, then that is not driving up your cost governor because you are paying for someone's preexisting conditions, like in wisconsin, we had a high-risk pool, that now with health care bill that we passed in the house federal government would help, subsidize the premiums, but you governor won't i think helps everybody in dropping premiums. maria: what are you hearing from constituents. >> about liberals are -- mad, this is this is went from women's march to the -- to the global warming march to now health care march they are just angry they are in a resist mode for everything, if you don't want to recognize it -- >> you are right a really resist mode keep trying to stop president trump's agenda your work on agenda, so what are you going to do for the next four years? are you going to constantly be on defense? >> -- maria two points, one, we have to get out there message better goes back to
the first question that you gave me,all republicans have to do this, we don't have the left wing media on our side left wing media will pick up any democrat line replay rerun every republican about it that is one issue but you have to look back to wisconsin, remember when scott walker did act 10 six years ago the protests on capital people so angry so energized, they went too far, there were too radical the middle part of wisconsin didn't agree with them i think liberals though angry not willing to work with new president won o the ectoral vote i think that that -- that -- i think we reject that don't want to see it want to see people work together i don't think they are billed their base by this resist rad kam movement i think they are losing people, but that aside we still have to message why we form health care why it is going to work for american family. dagen: congressman, because you can blame media all you want but we've had your
republican -- your brethren on this program, and when we've asked them specific tells me me how this is going to make lives better in terms of health care bill they don't really have very good answer not prepared with talking points to counter what democrats are saying marine layers of americans are going to lose health insurance you are killing people, people most in need and your brethren, they are not ready to talk about that. >> dagen spot-on, let me share my experience there is a document that was probably written three months ago by some intern in some committee that people ship around, to go here is what we do in health care. this is a vibrant living debate it changes every day, so if democrats make you know one charge, that media picks up, we have to be ready with rapidly responses to respond to it if you don't have a team in place, you know, crafting that response or helping people respond to it, you lose
debate, dagen are spot-on, i made the same point to everybody in leadership, that if you don't get your republican team wp right information about the attacks coming every day we will lose the debate and hard to save people bring down premiums. >> congressman you talk about democrats being in resist mode they certainly are right now republicans were also in resist mode when object was president. so my question is is any of this ever going to change? what are the -- prospect we get back to some period where republicans and demoats rk together, on some issue, like tax reform, or health care reform to get something done? >> so just let me just distinguish the two quickly, the tea party was you know a bunch of people keep your hands off my piggy bank, a set of grounds no garbage on street, the tea party wasn't burning things and smashing windows beating people up, that didn't happen in tea
party movement so i think people could relate to the message that they are driving, that is different than what the resist movement is doing but to your point i think on tax reform democrats wouldn't join republicans on individual tax reform i think they see converions that there is a need for keerpt tax reform i think you get 60 votes in the senate if you are able to look at hearts of democrat senators but resist movement in their home state won't allow any democrat senators to work with any republicans to give donald trump a win in taxes what would resist movement do to those senators will slaughtering them stuck in a really hard place want to do good things but also have this radical left wing movement crushing them. maria: yeah. >> we will see. >> congressman good to see you thanks so much congressman sean duffy there even that resist movement that you referred to, under president obama republicans weren't protesting violently keeping down conservative conversations, and weren't
doing that -- >> yeah it wasn't violent but at the same time -- >> what do you think send a tweet we will be right back. has exposure to energy infrastructure mlps? think again. it's time to shake up your lineup. the alerian mlp etf can diversify your equity portfolio and add potential income. bring amlp into the game. before investing, consider the fund's investment objectives, risks, charges, and expenses. read the prospectus carefully at alpsfunds.com/amlp
maria: welcome back, penn state has beguniths preethdz after charges were filed against 18 members in the death of a pledge. >> cheryl casone with details. cheryl: maria, a penn state spokeswoman says university is not acting, because the result of the investigation are public 19-year-old died february 2 after falling down the stairs during a hazing ritual where he was drinking excessively but non in the fraternity called for help for almost 12 hours eight students and fraternity charged with involuntary manslaughter the other penn students face lesser charges, well another humidities this morning th grader in ohio suspended from school, last week for 10 days for liking a photo of a gun,
on instagram that photo included caption ready of a pellet gun student and friends pay with, the boys only liked the photo did not comment on it parents received a note from the school saying their son was suspended for quote liking a post on social media, that indicated potential school violence. well, being a communist may no longer be firable offensive assembly approving a bill the pale part of a law enacted in red square in 40s, and 50s that xhuchts with trying to overthrow u.s. government the bill goes to senate the assembly republicans said cold war era should not be changed ould be left in place- crayola a new shade of blue to its iconic 24 pack of crayons leave it to fans to come up with a name for this color start thinking going to replace dandelion crayon dark
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. maria: welcome back, target could be competing with amazon prime pantry when it comes to next day delivery service, tracey here covering the story with details good morning. >> good morning, maria the pilot program, is called target restock will allow customers to order household essentials paper towels you land and have them delivered next day shoppers will be able to fill a box with items have order shipped to homes for
flat fee has yet to be announcersed items paneled at nearby store allowing target to orders placed before 1:30 pm by next business day restock announced on blog limited for now to to some employees at the companies headquarters in minneapolis, 599 for two 45 pounds limited to amazon prime members target stepping up online services to better compete with amazon, and walmart target says it plans to pilot service in minneapolis this summer with red card no plan on nationwide rollout. maria: very incredible next day -- >> even -- >> doing holiday gifts we odded in the morning it came 5 hours later incredible what amazon does. >> so convenient, target shares up on the news, dagen go ahead jon. >> it shows owe retailers on heels, brick-and-mortar retailers on heels trying to
keep up with amazon, walmart haven't been terribly effective at it you have to wonder if target is able to keep up. >> is this enough to compete with big one amazon. dagen: they don't have a choice at this point they have got to do something and people are attached to amazon apps, works to amazon's advantage i have used pantry service by oom horizon i don't think that it is perfect. if target and walmart can really improve the experience, like i am not satisfied at all would rather go to cbs or duane reed buy what i need then, than have to go through the sight trying to find what i am looking for. maria: in new york you can do that can't do that all cities in new york you can get whatever you need -- dagen: drive down the road, and hit the walmart the waffle house one fell swoop. maria: nothing wrong with walmart and waffle house be
very clear amazon is easier to navigating the reason because easy to navigate one click ordering if you are a prime member just so doggone simple, and it is going to be hard for other people to catch up with them, because they have almost koshered the market in this rapidly delivery. >> our points out there not amazon pantry this is regular amazon i bought a bunch of stuff all prime i got four separate boxes, over a period of like five days, that doesn't make sense to me like okay. i needed to razor first i got it last, there is still -- there are issues with -- fulfillment i think, about those. >> put it in one -- >> they have a plan to be more efficient. >> you don't have to be a member like with prime pantry you have to be a member of prime. but you the with target can be for any shopper, so -- that is one that -- leg up.
>> see how it works they said only going to test for employees in one city minneapolis when it rolls out works we talk about it i am not sure, that they've got logistical ability to make that work yet not their model. >> the consumer going to buy by phone is going to think of target first going to think of amazon first how do they overcome that. >> change that thinking, you can go to target, good stuff thank you, earlier this hour we talked with henry schein ceo stan bergman want you to know this is exclusive first look at july august cover, bergman named ceo of the year congratulations to him, a lot of important points earlier in the program on health care wellness next hour "mornings with maria" former secretary of state condoleezza rice will join me to talk about president donald trump's first trip overseas as president as well as her new book
maria: welcome back. good tuesday morning thanks so much for joining us i am maria bartiromo it is tuesday, may 9 your top stories right now 8:00 a.m. on the east coast sally yates grilled on capitol hill the former acting attorney general faced tough questions from travel ban to the ousting of former national security adviser michael flynn. >> don't believe the runs knew this but likely had proof of this information. -- and that created a compromise situation a
situation where the national security adviser could be blackmailed by russians. maria: more from heated testimony coming up this morning including former director national intelligence james clapper resilienting lack of evidence of any collusion the future of the travel ban in question u.s. appeals court reviewing controversial executive order several states challenged the ban more on future of that order coming up, outrage in sunshine is it a it to report fights breaking out in fort lauderdale following cancellation of severability spirit flights. >> disney, expected to report after the bell and expecting earnings 1.41 a share earnings have been pretty good up almost 15% first quarter, for the s&p 500, check markets this morning, we are expecting higher opening from broader averages dow industrials expected to be up 30 points nasdaq s&p 500 also in plus column, volatility is
something we are watching, the vix index volatility income tax closed lowest level, hit lowest level since 1993 yesterday bounced off that, but still down in dumps in terms of those of volatility in europe stocks are higher, take a look at european averages up 3/4 of a percent on ft 10051 points higher nasdaq i mean cac quarante. dax also higher this morning, in asia overnight markets mixed hong kong best pro forma hang seng income tax enning inca quarter penalty exit polls show the liberal candidate won presidential election in south korea this morning president clinton has a thou title former examine commander in chief teaming on a thriller the details the president is missing all those this morning joining me to talk about it dagen mcdowell, wall street globally economics editor jon
hilsenrath, and mike huckabee, great to see you. >> i can't wait to read that book any know. >> that is going to be a hoot isn't it my guess he didn't really write much of it but his name on cover sells a lot of books more than james paterson. >> president is -- clinton -- i wonder. >> why would he do is -- has written a biography bill clinton right so why do this kind of genre with james paterson fascinating. dagen: i would think in the case of bill clinton the proof is stranger than fiction. >> well said i think a fascinating book just again to see what he will come up with, and you know, bubba writes a novel, worth something isn't it. >> all about selling it. >> -- still o. >> james paterson a lot of
incredible thrillers allowing president clinton of it -- >> bubba clinton president busha clinton going to do book on tape? narration. >>boy he will probably talk about it several times and he will come up there, and -- interest interesting insight to novel. >> well said that was good. >> i can but only after 11:00 a.m. because too much for the breakfast. >> all right, joining the conversation former attorney general under president bush john ashcroft with you the and any is here foer secretary of state condoleezza rice don't miss a moment big hour stay right there top story right now former acting attorney general sally yates testifying for the first time about why she warned white house officials in january, that president trump's newly named national security adviser michael flynn could be compromised by rirns russians
blake burman at a time white house. reporter: sally yates testifying on capitol hill yesterday before senate she approached the white house in first days of the trump presidency, because as she put it, she had information that michael flynn was lying to the vice president mike pence about contacts he made with russian ambassador, at the time, yates was the acting attorney general, flynn the national security adviser, and yates testified yesterday that the big fear then was that flynn was compromised. >> netter did we believe russians knew this but likely had proof of this information, and that created a compromise situation, a situation where the national security adviser essentially could be blackmailed by the russians sna yates testimony yesterday came about an hour or so after the white house admitted, that when president-elect trump at the time in november came here to the white house to sit down with president obama president
obama indeed warned elect about hiring flynn at briefing appraise secretary sean spicer said part of the blame lies with the obama administration. >> the question that you have to ask yourself really is president obama was truly concerned about general flynn why didn't he suspend general flynn's security clearance they reapproved months earlier the question has to be what did they do a if they had real concerns beyond not liking him for some of the comments that he made. >> yates was not the only one to testify, yesterday, stoo did director of national intelligence former director james clapper something he said caught the eye of president trump. the president started a series of tweets yesterday by writing the following, quote, director clapper resiliented what everybody including fake media already knows there is no evidence of collusion with russia and trump maria another tweet president also said whole story is a total hoax he called it a taxpayer funded charade. maria: yep um-hmm blake thank
you blake burman at the white house former the orange under george w. bush john ashcraft mr. attorney general a pleasure thanks so much for joining us. >> thank you, maria good morning. maria: your reaction to the hearing yesterday? >> well, the hearing regarding flynn's remarks and the conflict between what he said what vice president said he said later on not really in much s dispute i think everyone agreed to that that is -- the problem that he was unmasked or this is leaked to the public, and the like, this is a criminal act of his wasn't addressed you have hysteria about may be russians were involved trying to upset our election, or to influence our election, masking the problem a crime was committed when people improperly leaked identity of someone whose information was gained as a result of surveillance, there is a little tension between
what director clapper said, and what sally yates said director clapper said there was no evidence sally yates says i can't say whether there was evidence because that is classified this seems to be that miss yates is saying the absence of evidence or absence of information is classified information. now that was not the interpretation apparently that was -- was given by the director of national security there, the intelligence community mr. clapper, so we have a situation where the left continues to want to argue about and i think we all want to minimize russian interference in american elections, but, at the same time, we also have to understand that america has is involved in elections around the world just last week, the fren tweek french elected a new president, and was part of obama's
involvement in election to endorse macron that resulted in macron being elected, last year the midst of the campaign understood that our state department sent about 350,000 dollars to israeli political organizations, whose purpose utilization to destabilize election of israeli leader netanyahu the idea we are shocked someone would seek to influence elections is a little bit naïve, the point is that we should do what we can to limit that flus when done illegally that is a matter very serious we should make others pay for it. maria: you make a good point the truth is president obama did try to influence elections, both in israel as well as now in france, and he made no bones about it he came out and he supported and as you just the laid it out, but you know yesterday was interesting, because sally yates answered things she wanting to talk about in terms
of why she alerted people about michael flynn when what she knew about michael flynn when asked other things about unmasking about surveilling said she couldn't o o hid behind classified information will we ever actually get details on that? i mean would lindsey graham be able to solicit that information? in a private meeting because she did pick and choose in terms of what have she wanted to answer, and in many cases it was well i do know the answer to that but i can't tell you. >> well, senator cornyn indicated that his presence both on intelligence committee as well as on the subcommittee of judiciary when was hearing yesterday, gave him a unique insight into things that were otherwise unavailable generally. so i think the senate is in a position to gain that kind of information ultimately i think crimes of unmasking american citizens insdebtly swaled a result of intelligence operation, that unmasking ought to have consequences.
and miss yates one time during yesterday's hearing said there augment to be prosecution for i think one thing ought to be prosecuted those illegally leaked identities of american citizens collected as part of swines that is infringement of rights of since i don't know a that she took extraordinary steps to do that, but,that is one area i agree that we could process acute. >> we have spoken in the past about politicization of so many agencies within government it continues today mr. attorney general what are we going to do in order to reverse this this is a huge thing, that so many agencies are politicized i have been told this weekend i was told that president trump's first four executive orders he wrote the orders and before he actually signed the orders,
obama holdouts changed the language of those orders, they went into the order and they took out words like islamic terrorists jihadists took outside words they want to take out by the time it reached president's desk so that he could sign it it was found before he actually signed it, it was found that the words were changed the language was changed, this is a serious issue, if you've got holdouts from a prior administration, that are doing everything they can to create land mines for president trump, and ultimately stop his agenda that is not what people voted for. >> right. your last remark is most probative there is undemocratic the people elected president with a mandate to put the mandate in place he does so by crafting orders that are passed upon even by career employees in the justice department like the office of legal counsel the group of best lawyers in the department, and then a person highly charged with
some sense of self-righteous understanding comes and sets it adecided to become swement is in yates decided what was constitutional unconstitutional and went beyond the order crafted and admitted in the hearing yesterday that she was considering statements being made in the political universe in the culture that would somehow make what was otherwise constitutional unconstitutional and, therefore, she said should he would not defend it you know we have a principal in the united states, that everyone is entitled to a day in court according to miss yates it must be that everyone except president of united states entitled to day in court because she wasn't going to allow him having acted in the way the justice department office of legal counsel said totally legal having acted in a way legal she of this going to give the president his day in court. maria: she wasn't, what advice to have you --
>> then for jeff sessions the president today he is being stopped in terms of agenda look at immigration ban, look at policy that is taking slower than people thought, so the obstructionism the political drivers within the administration that are you know, issue career -- career people are stopping the agenda, they are slowing it down and he still has a lot of unfilled seats. >> well, the key is having leadership in the department i think jeff sessions defended president's order miss yates decided she would be only attorney general in the history of the united states to go against the judgment of office of legal council and suspended the president's order not provide it so having people confirmed and in positions of leadership gives them the opportunity to direct the department so that is something that has been sorely absent themen people have been derived by this with
obstructionism of what they are entitled to a democracy expects the mandate of the person elected to have at least a fair chance, and at minimum day in court. >> attorney general happy birthday to you. >> [laughter] thank you. >> happy birthday good to see you, sir. we'll be right back. 5 but when family members forget, trust angie's list to help. [ barks ] visit angieslist.com today.
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video by now this happened at fort lauderdale holiday international airport yesterday. take a look at this, nine spirit flights canceled police had to break up several fights and detain several passengers turns out cancellationss are over a labor dispute with pilots and several pilots refused to fly yesterday. the pilots on strike sill passengers found out about cancellations temperature% escalated at gate security called in. >> polls in south korea are closed the front-runner liberal has won the race to replace form president park special election after park was impeached arrested in wide-ranging corruption scandal moon longtime opposition leader wants closer ties with north korea and china as well as a cautious approach to u.s. relations. >> okay turning to earnings this morning allergan higher if premarket the maker of botox supporting better-than-expected
first-quarter results, also raising 2017 are forecast to cli an acquisition. we reported that earlier this pe and a quarter percent, and then we are also watching discovery communications, the company earnings fell short of expectations the stock down 3% premarket, media sector we should say hit with lower advertising revenues, and there are renewed fears of cord cutting across country former president bill clinton teamed up with one of the best-selling he enforce he willists clinton james patterson a novel entitled president is missing published june 2018 so far not a lot of details about the plot maria, but many presidents, of course, have written memoirs, but not many published novels after leaving oval office i don't think anyone has written a novel called the president is missing might be good we will see.
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i caner reportedly expanding in canada over self-driving regulations in united states rise of the company driving autonomous vehicle research, joining is former ceo ck restaurants andy good to see you thanks for joining us. >> good to be here thanks, great lineup this morning by the way, no within your show doing so well. maria: thank you a great lineup guests incredible yourself included should we be
concerned about u.s. companies not expanding research domesticly taking it over assess because environment does not allow them to be. >> absolutely should be uber wonderful entrepreneurial creates jobs for people across broad base independent contractors, unions don't like them, and municipal governments don't like them they lose this monopoly licensing revenue this is just eat entrepreneurial move by uber by saying he to pittsburgh, look, pittsburgh demand economic concessions giving uber a have heard time on cuts, going to be difficulties but giving them a hard time uber says we don't have to do this here we can go across border do it aliens, of course, they did at a good lesson for american companies good lesson for municipal state and federal governmental it is not 1950s anymore, there are other places you can do things, and canada is one of them. >> andy dagen mcdowell, but
the trump administration so far has done so much, to roll back regulations, do you expect that to be not just trend out of washington but at state and local level if those government officials see this rollback bearing fruit? >> i would hope dagen i really hope that is the case but the problem is a lot of these large cities are controlled bir liberal democratic governments not going to react the same way that president trump's reacting other republican governors are reacting so you have a problem in a city like pittsburgh trying to put too much pressure on this company take too much from it, and the company as a choice leaves so i hope the lesson is learned we have to wait and see. maria: want to get to tax reform andy house speaker paul ryan house majority leader mccarthy addressed efforts to all very tax code for individuals and businesses, they have a timeline in place, tax reform listen to this i want to get your reaction. >> sure. >> we have a real problem which is we have one of the worst tax systems in the industrialized world costing
is jobs costing economic growth, we tax our businesses or i products a whole lot more than our foreign competitors tax theirs we've got to radically simplify the tax code if we want to compete we have to have a taxi code to a compete lower corporate rate repatriation bring trillions of dollars overseas into america make it simply make it fair fair to me is a strongest word possible, we've got seven different individuals rates lower that to three. >> that was he kevin mccarthy on program yesterday i saw your tweets you tweeted focus on tax revenue not tax rates good tax policy creates jobs increases wages reduces inhe equality with growth everybody gets goodies you think growth generated by tax cuts will pay for this. >> let me tell you i am always in favor of people keeping more of what they earn if middle-class working americans are able to keep more what they earn i think that is great but the focus of this tax bill this is why the speaker we have such a great
speaker such a great majority leader comments put emphasis where it should be, the emphasis of this presidency of this tax plan should be a booming economy, a booming economy that raises wages, that opens paths to the middle class, allows people to keep more what they earn a creates prosperity tax revenue doesn't so much worry about this persons going to punished or this person going to be benefited but increasing revenue crying that booming economy that got tournament trump elected if house members have any sense at all, they will know that that needs to be their focus, they need to get this bill done if they want to keep the house in 2018 i think they said exactly the right thing. >> have andy mike you can have be. >> good talking to you to hear from you. >> great to talk to you i think the republicans need to do barter job of explaining why corporate tax instructions are important because -- a lot of americans never understand there is no such thing as corporate tax because ultimately it is passed to consumer so if corporations
were taxed less it doesn't adversely affect consumers very positively affects them why don't we push for that? and stimulate the economy with that? >> well we absolutely should, and that is obviously what the president is doing, but the more money that the less money corporations pay in government taxes, the more they have to invest, and the more they have to distribute to dividends to shaerdz, and the more they can use to pay their employees, so it is a you know a three fer employees make more, sharing make more people get to invest creates more jobs, more economic growth we need that economic boom that will generate tax revenue not punish people but increase tax revenue that is example with a reducing tax code does makes us more competitive companies want to stay in america, not where they feel compelled to go overseas to take advantage of lower taxes so it is a huge win, we just need to get it done. >> all right -- andy great to see you thanks so much.
>> great to see you. >> s joining us there still ahead music to the ears of pandora investors details on 150-million-dollar cash infusion fort streaming service the company intensifies search for buyer. >> president trump first overseas trip sop in saudi arabia and condoleezza rice will join us next to give her take on what the trip will mean to diplomacy. back in a mat fidelity, trades are now just $4.95.
. maria: welcome back happy tuesday thanks so much for joining us. i'm maria bartiro. it is tuesday, may 9, your top stories right now 8:30 a.m. on the east coast, o diplomacy, president trump prepares for first overseas trip since taking office rex tillerson to meet with counterpart in russia tomorrow latest on tense relations. >> concerns over terror report highlighting fears over extremism in the united states, threat amid a possible update to electronic ban on airplanes officials consider he had aing restrictions on flights to europe and uk futures a higher opening broader averages today dow industrials set to open up 40 points, fractionally moving, but in the plus column as you see there earnings up 15% on s&p 500, on earnings in first quarter, in europe stocks higher take a look, ft 100 in
london up 3/4 of 1% dax in germany up two thirds of a percent in asia overnight, markets are mixed hong kong best pro forma up 1 and a quarter percent the kospi korea closed the company presidential vote, as polls show that liberal candidate has won the presidential election south korea. could world see a first trillion dollar company high expectations of apple, as market cruises past 800 billion dollars, plus another wild night in oakland. >> that is out the deep right field. and has won it -- the third straight walk-off win for the oakland a's. >> yeah oakland a's third straight walk-off win highlights of swinging success coming up top story this half hour, president trump, traveling later this month for first trip vooefz as commander in chief will start in saudi arabia then supersede to ilz the vatican, bruzled sicily to
show resolve to top u.s. allies according to white house officials joining me right now first business interview is former secretary of state under psident george w. bush thor of the new book "democracy" from long road to freedom condoleezza rice is with us dr. rice great to see you -- >> good to see you. >> that you so much for joining us congratulations on the book. >> thank you. >> you he certainly can talk about this long road to freedom, having grown up in one area, where your parents knew better guided your path isn't that right. >> i absolutely thank the lord for my parents, because raising a kid in zbreeltd birmingham alabama horizons could have been limited my parents educator believed in faith family education that anything was possible, and not anything is possible with american democracy even though, there was a tough time if black in birmingham. >> you lied it out for sure
going from -- lived it out. >> to secretary of state, want to get into book coming up first your thoughts on the president's first trip overseas as president he you know, he is -- first trip overseas i think canada or mexico typically in the passivity he is choosing middle east. >> choosing middle east i think he feels that he wants to shore up some relationships there it has been a rough time for in gulf to believe iranian nuclear deals -- whatever merits pushed us toward iran away from traditional allies, saudi arabia, of course, israelis also worry about iran, so i think it is a good thing to do to go and shore up those allies also the center of the place that we're going do have to deal with extremism, the saudis, are leaders in the arab world, and getting a push from leaders in the arab world war ii help deal with extremism and ideologies not just military piece but ideology this is an important -- important trip important set of issues that
he is going to raise. >> even with the president was first elected, it was the king of saudi arabia that came out and supported president trump even though there was a lot of conversation around the travel ban what it meant for muslims. >> i think also see that, had extensive meetings, in the white house, and apparently has to went very well, so it is not bad thing to shore up relations, go on to some more traditional places like brussels to meet with nato allies. >> let me ask you about russia because secretary of state rex tillerson to host russian foreign lavrov tomorrow two expected to talk about conflicts in syria ukraine, what are whapt are you are expectations amid conversation around rushar posing of collusion media has been going with.
>> despite difficulties that we have with russia, leave aside what is happening in terms of washington and discussion of russians and our election, you know we have problems with russia ukraine problems with russia threatening our allies problems with reports that the russians are now supporting our arduous -- arming taliban in afghanistan it is important to get together with russian foreign minister to send strong -- about what is accessible i think also to try to figure out whether a way on syria can when russians decided to use military force there they gave themselves leverage that we don't have, so the road to peace is unfortunately going to have to include moscow, and their interests and so i am sure that is part of the story, and i also hope the they will discuss north korea we have a lot of dufshgs with rurngs i have to believe one similarity
that nobody wants a reckless north korean leader with long range nuclear missiles nuclear-armed missiles if you can reach alaska you can reach vladivostok. >> i want to ask you about north korea you have a chapter on russia in the book what should donald trump know about russia? you have dealt with him over the years, many times, and really understand the russians very well, what doesn't this administration know needs to understand better. >> i think they areinding out, because vladimir tin and a russians government have been on a path for -- assertiveness abroad putin hips has been pretty clear he believes he is the rebilled russian influence in the world, he is making russia the -- the great power that it once was unfortunately, means stepping on tos of some of our allies, for instance, annexing crimea threatening baltic states, it means flying down
the coast -- so what the administration will have to see, is that there is not much room, for cooperation with russia, but there is some, and i think that what you saw was secretary tillerson when in moscow a while ago, was willingness to be tough with russians to say to them, on syrian chemical weapons difference either i can't or weren't telling the truth so that straight talk to russians, a measure of respect with vladimir putin who is somebo somebodyed a miers strength. >> does appear rex tillerson understands that is putting that trip food are in terms of being tough i know you worked with him in past speculation you were playing a very big role in terms of donald trump -- considering rex tillerson seating was this your idea. >> one of i am sure many people brat the name forward the president needed a different kind of secretary of state, and rex tillerson was
also an oilman, oil people know the world, you know, o this he know the world like -- long term decisions investments if difficult places worker with difficult people employees working dangerous circumstances, being secretary of state. i thought and others thought the rex would come with the right set of the right background to do this job i think he is doing a fine job so a. maria: jo a great idea you are right, because as oil executive, largest oil company you've got to deal with hostile governments you've got to get pasthe -- all of the barriers to drill in those countries. >> absolutely. >> dealing with president trump a lot of bad hombres. >> north korea. this has been an issue that has been a hermit kingdom as long as we know why all of a sudden now newings provocations what should u.s. be doing. >> the situation has gotten
steadily worse first of all, a leader not kim kim jong-il but kim jong-un seems more reckless, and even i don't know if he is unhinged but i am not sure really good grip on reality when he says things like i can destroy the united states, it also indicates the north korean program has progressed over the last several years, they have gotten more capable more -- they automobile are making progress toward longer range delivery systems maybe even intercontinental systems can reach united states no american president can tolerate that the administration is trying to change china's calculus china is really the only country with any influence, i don't think complete influence, but some influence with north koreans also a reluctant to do tough things worried about collapse of the regime more
than worried about a nuclear north korea. the administration is saying to them, worry more about nuclear north korea. because if you can't do something about the path they are on, we will have to. they are keeping the military option on the table, as well they should although everybody understands that it is difficult option to execute the situation is going to be complicated further by what happened in south korea in elections by all reports, this is going to be south korean government more favorable disposition towards north korea but we are going to have to say to that government do you understand that this missile defense --o pry to protect you don'even think about trying to end the isolations of north koreas american president will not tolerate the situation. >> a good point about what
china may or may not want if you saw regime go away die what does that mean for refugees are they flooding into china don't want that. >> don't want that that long board they share they believe unstable the alternative is north korean regime keeps on the path it is n ultimately confronts american president i don't know if a year from now three years from now five years from now, having to use military force, to deal with that we with the capabilities of north korea so i would say the chinese nobody wants to take advantage of what might happen in north korea most especially united states. we've got to get tougher with that. maria: em. >> so many big issues in the world earlier i was speaking with john ash covet about importa porization, unfilled seats jobs need to be filled not a
lot of loyal will have aists in washington holdovers from president obama what do you say in terms of what he needs to do to get his agenda through. >> he has done a good job on putting a really good team around them, now he needs to fill out that team, and bring in the deputies assistant secretaries can do this every day i would say also the president is -- founded -- i talk about the fact in "democracy" therm determined weren't going to have you a authoritarian, they created courts could challenge president federalism governors legislatures so it is hard work, but i think that if all of them from the presidency through congress and others, recognize american people are tired in washiton i don't want to hear americans don't want to hear anymore this is going to benefit me and my election campaign, people want problems solved.
and if refocus on that in washington i think they will have american people with them. maria: i want to ask you about one chapter authoritarian, that chapter 8, more with condoleezza rice after short break stay with us, back in a moment. because as we live longer... and markets continue to rise and fall... predictable is one thing you need in retirement to help protect what you've earned and ensure it lasts. introducing brighthouse financial. a new company established by metlife to specialize in annuities & life insurance. talk to your advisor about a brighter financial future.
. >> welcome back speaking with former secretary of state condoleezza rice this morning dr. rice you wrote "democracy" stories from long road to freedom hits stores day congratulations before i get to chapters that struck me, why did you pursue "democracy" as title. >> i think i wanted to write in the sense -- we have had deputy democracy mysterious how do people trust constitutions rules law instead family and plan come to believe they can advance interests through -- you know as a little girl i had experience i was with uncle, about 6 years old or so george
wallace was up for election, and there were long lines of blacks voting i knew that george wallace was bad for black people 6-year-old way i said, all of us, got to win this election -- a minority, why -- and he said because one day that vote will matter. they believed that vote will matter. and i have always carried that with me that around the world, people when given the chance they believe that vote will matter so i
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the same thanks to cavs 5-2 win last nights to even that at three games apiece, the oakland a's rocking their power trio, 11th inning home run like i have said a's over angel third straight walk-off quinn for oakland athletics. >> a quick break all-star panel and final thoughts before we say good-bye, back in a minute.
♪ why do you build me up buttercup baby ♪ ♪ just to let me down and worst of all ♪ ♪ >> all right. let's get some final thoughts from the all-star panel, shall we? good song, by the way. governor huckabee. >> great song, i love the way we're closing out, but i want to say what a great time i've had here. i think most important thing i've learned today is that the hearings yesterday produced nothing, nothing. and there's still a lot of questions to be answered, but the fact donald trump when he found out there were issues with mike flynn fired him. the big question, who leaked that information. maria: yeah, that we don't know. jon hilsenrath. i'm going to turn attention to the markets. the markets are rocking and rolling and the lead story in the journal is now volatility is at the lowest levels in 15 years. the market is telling us they think this economy is in good shape. maria: dagen.
dagen: and elizabe warren is feeling a lileealous of the attention of sally yates, and they're preparing her for a run for something. maria: do you think she's the poster girl. dagen: and she is. >> "varney & company" starts now, and here is charles payne. >> i'm in for stuart. we begin as we often do with the tech juggernauts, amazon, google, apple, facebook are at or near all-time highs, some are asking is this 2001 all over again? i'm comparing to 1973, widow's on orphan stocks, you bought some stocks and held forever. nifty fifty and now