Anthony weiner, somehow her emails are forwarded to Anthony Weiner included by her assistant huma abedin. Information. Hich classified charles that statement, as we know was incorrect. And meanwhile, the white house as of russias top diplomate meets with trump. All of this in a possible distraction to health care, and were going to have rand paul join us in a moment. Varney company is about to begin. I simply said to him, mr. President , all due respect, youre making a very big mistake. And he didnt really answer. And i have said from the getgo that i think a special prosecutor is the way to go, but now, with whats happened, its the only way to go. Well, that was senator Chuck Schumer calling for a special prosecutor to investigate ties between Trumps Campaign and russia. This happening after the president fired fbi director james comey and President Trump then tweeted this. Crying Chuck Schumer stated recently i didnt have confidence in them aring referring to james comey, any longer, dont act so indignant. Draintheswamp. What are your thoughts on this . I think the it couldnt come soon enough. All the republicans thought well, if he insinuated she was guilty why didnt they prosecute her . Both sides are unhappy. If both sides think you botched the situation, maybe we need too bring more confidence in the fbi. Charles and 24 hours ago, everyone to your point they would say this guy has got to go. And now even some of your republican colleagues are questioning the timing of it. A lot of politics going on. Chuck schumer in november said he lost confidence and Hillary Clinton said he completely destroyed the whole election and then you have eric holder says that in the letter, you know, indicating his dismissal, eric holder says that comey violated Longstanding Department of justice procedure. So i think you have a lot of people looking at it from the democrat side who said theyve lost confidence in him. I think you have republicans saying he should have prosecuted clinton. Nobody is happy with his tenure at the fbi, so, i think it was long past time for him to go. Charles of course, this puts a lot of pressure on the replacement. Who is the ideal candidate . Not who do you think it should be per se, but who is the person you think is sort of not only free for the fbi and Intelligence Community, but main street america who is confused and not trusting anyone. I think a lot of people come from within the fbi, but i dont know that thats an absolute. I think you want someone with experience in Law Enforcement, but you also want somebody who knows how to balance Civil Liberties with Law Enforcement. One of concerns with comey he was up on the hill advocating for more power for the fbi and when i countered that and said, you know what, you could have done a better job investigating the killer in orlando, the fbi heard about the killer weeks in advance and didnt do enough investigation and comey would say we need more power to tap more phones of everybody and well get more information. And my point, they need to do better when theyre tipped off. A Gun Store Owner tipped them off and they did zero to investigate it. Charles weve seen a lot with the terrorists in the clutches of Law Enforcement officials and somehow slipped through. Before you go, senator, i want to ask, you want the Intelligence Committee to disclose if the Obama Administration was actually spying on you. What makes you think that you were possibly a target of president obamas spying . Weve had two different reporters come to us who say they have sources, of course, i dont know the sources so i cant tell if its true or not, but when i have two different reporters asking me, you know, and telling me they have evidence that it happened, i have the ability to ask, and so ive asked the white house and ive asked the House Intel Committee and senate intel committee. Theres supposed to be a procedure called a gates notification. If someone is listening to someone this congress in the executive branch, that is a potential great danger to disrupt the freedom of the legislative branch, the executive branch. If the Intelligence Community is used for politics, that is a very, very serious crime, because they have so much power to collect. I mean, they have power to collect information and invade your privacy, but also to destroy you. General flynn, like him or not, agree or not, he was destroyed by an illegal listening illegal surveillance of his phone conversation. If thats going to go on, can you imagine what would happened to ordinary citizen if the government is able to listen in on him. Charles senator rand paul, thats why you have so many fans from coast to coast, we thank you for taking the time. Thank you. Charles and want to get back to President Trumps firing of james comey. Tweeting james comey will be replaced by someone who will do a far better job bringing back the spirit and prestige of the fbi. All rise, judge Andrew Napolitano. Judge, your initial reaction . The spirit and prestige of the fbi has been damaged, not irretrievably damaged, but substantially damaged by the events that senator paul and you were talking about july 5th, 2016 with the exoneration of mrs. Clinton and then at the same time a listing of all the damning evidence against her. That demeaned and undermined the work of the team, 150 fbi agents and god knows how many other people who are not agents that were a part of the team, and that spread rapidly throughout the fbi. He lost his ability to command the moral leadership of the nations premier Law Enforcement agency and the president knew that. Charles i think the letter from the Deputy Attorney general rodenstein was really damning in so many ways, including the part where he talks about going to all, both sides of the aisle, former attorney generals and Deputy Attorney generals and all sort of agree with the last thing that comey had chosen personally to restrike the balance between transparency, fairness departing to the departments tradition. What does that mean . That means if the fbi is not going to indict you, they tell you. They dont tell the public because that reveals to the public that you were even under suspicion and here is the evidence that we found about charles and were still not going to indict him. That violates and this is the reason for the paragraph, longstanding, 60, 70 years Standing Department of justice regulations and if fbi regulations. The fbi are not prosecutors, theyre investigators. Their job is to make the investigation and pass it on to the Justice Department not to make the final prosecutorial decisions themselves. No matter how flawed it may be and Loretta Lynchs leadership was profoundly flawed because of the meeting with bill clinton. There are other people in the Justice Department, below and above him who could have received the information and made the decision. Charles all right, judge, thank you very much. Youre welcome. Charles youve been spot on about so many things. Youre very kind. Charles thank you. Lets look at your money in the stock futures, dow off 43 preopen, 43 points, rather, preopen. One of the issues is while disney had higher profits, top line miss and the key issue, the decline of subscribers, coupled with higher costs at espn, concerning some investors and thats going to put some pressure on the mark. A whole different story with nvidia, higher revenue with higher demand for chips, used for Cloud Computing and a number of things, including the nintendo video game console. Wilbur ross telling reuters 3 growth is not happening this year. Come in liz peek, columnest with the fiscal times. Do you agree with that . Its clearly not going to happen for the year, there was a quarter substantially beneath par. Charles and 3 in the Second Quarter now 3. 6 and thats fallen like a rock. I think theres momentum and i think thats very good news. I think what secretary ross was trying to highlight is that there are a lot of reasons were not getting forward on the trump agenda, including the fact that we havent got the people in place. And lets talk about the trade representative that john mccain in the senate is talking about slowing down because he doesnt want to see nafta renegotiated. People have to be on the job to get this agenda moving forward. Where are we with health care . We have made a surprising leap forward there, but tax reform is still in the baby stages and all of these things have to come together to kind of get back to the kind of growth rates that President Trump is talking about. I think that wilbur is probably right and were behind schedule. And wilbur ross to lizs points we dont have half the people in place that congress is slowwalking the trump agenda. This has j. P. Morgan and jamie dimon, you need the trump agenda to move forward. We havent built a major airport in 20 years, it takes ten years to build a bridge and in the interim of 20 years, china has built 75 airports. Were moving forward, i saw secretary elaine chao out at the milken Conference Last Week and in fact, there is an infrastructure bill in the works, but you know, you have to go to 16 different federal agencies to get that thing put together and all kinds of other individuals and bodies, so, everything is complicated. Charles isnt that a key component of this . The infrastructure. Charles i know theres been obstructionism, but the administration has been pretty slow themselves in appointing folks, but getting rid of the blocks, the bureaucratic speed bumps, if you will, could there be a way to attack those at least so that when we get infrastructure we dont have to wait 90 days for this permit or that permit . I think thats totally what theyre focused on. Theyre not focused at throwing 100 billion at the problem like the obama stimulus was. Instead, what theyre talking about is process reform. Make it so instead of ten years its two years for permitting. In terms of long run growth at the United States, nothing could be more important to our competitiveness than, yes, spending on infrastructure, but also stream lining the process. I think its totally the right time. Emack, thanks a lot. Happening next hour at the white house, russias foreign minister beating with secretary President Trump. Well be on top of that. Check this out. Another black eye for the airlines, a huge brawl breaking out on board a southwest flight. Weve got details on that coming up as well. And sales of cocacola are down. Cokes ceo says if the rise of Online Shopping is part of the problem. We will explain that one. A Climate Change bombshell. A study says huge amounts of co2 are absorbed by arctic sea waters, creating a huge cooling effect. So much for Global Warming. I know its cold out here. More varney after this. Welcome to holiday inn thank you wait, i have something for you making every stay a special stay. Holiday inn, smiles ahead. Whether for big meetings or little getaways, member always save more at holidayinn. Com higher profits and Electronic Arts helped by demands for downloads in the games such as battlefield one. Totally different story, yelp. Weak forecast and that stock is getting totally crushed this morning. Weve got a new study that finds that arctic is absorbing carbon and its having a cooling effect. Liz a study done by norway and germany and u. S. , and th ocean waters absorbed more co2 than methane released in the area. So, even though methane is more potent gse gas, theyre saying that the more than offset what was happening with the arctic waters, more than offset the methane released and it could have a reduction in Global Warming as president obama is saying youve got to stop eating steak because it releases too much methane into the atmosphere. Charles and gore made the same claim until he had to stop barbecuing, also. This is on the eve whether america should stay in the paris climate agreement. Well, look, president obama went after the climate agreement as a legacy issue. Its the most flawed of the agreements that weve entered into lately. The United States gave away the ranch and chinese gave away basically nothing. Charles china or india gave away nothing. And i want to bring someone else in to help us discuss this. President trump actually delaying the decision whether to withdraw from the paris climate deal that was struck under president obama. I want to bring in former senator tomko tom coburn. If we dont withdraw in this deal, we know that President Trumps base doesnt like the deal. Iputs us at a competitive advantage. Weve negotiated and give those people who have taken our jobs and dont follow the who guidelines and involved in our manufacturing, our productivity, our employees, our companies. Charles so, do you think we should pull out of it because, in the white house it appears that youve got ivanka trump, jared who likes it and also apparently Rex Tillerson says that america should keep seat at the table. Steve ban non, rick perry and others say lets get out of this thing because it gives china and india in particular a tremendous advantage over us, while we spend billions of dollars. Well, you know, first of all, the whole basis for having this agreement is, in my mind, still suspect. I know i will be called a flatearther and that, but i believe theres Climate Change, but the question is, what causes it and is it manmade gases or is it Something Else . And the question is, were not in a warming stage now, were in a cooling stage and thats been documented, so, what the whole basis for their philosophy before we got to a cooling stage is man was causing this. Now you have the new science that were causing it, but causing it to cool. Thats ridiculous. Charles do you think its a scheme in this case from america to other nations . What we saw from the administration is poor ability to negotiate good positions for our country. And you can look at almost everything that was negotiated, whether it be the Nuclear Talks with russia, which was a terrible deal, even though it passed, terrible agreement for us in terms of Strategic Interests for us. So, i just think their inability to actually negotiate well and keep our key points of interest and security forefront doesnt it wasnt part of their calculus. Theirs was being liked and doing what the left around the world wants done. Charles senator coburn, thank you for your time. You bet. Charles just when you thought it couldnt get any worse, a huge brawl breaks out on a southwest flight. Punches were thrown and one passenger was arrested. More varney after this. You always pay your insurance on time. Tap one little bumper, and up go your rates. What good is having insurance if you get punished for using it . News flash nobodys perfect. For drivers with accident forgiveness, Liberty Mutual wont raise your rates due to your first accident. Switch and you could save 509 on auto insurance. Call for a free quote today. Liberty stands with you™ Liberty Mutual insurance. Well, to the unfriendly skies. Three stories airline stories have been told to prepare pour an extended ban on carryon electronics. The united passenger says his trip was canceled for filming a dispute with an employee and now this video youve been looking at, a brawl on a southwest flight and liz peek, passengers expect aggravation. We have come to live with. This is cabin fever on steroids. Its horrible. I think the good news and the bad news is its all captured on video so they knew who to arrest when the plane landed and knew what the problem was, et cetera, but ive got to tell you, i would not have wanted to be on that plane. A, they probably couldnt get where theyre going. B, its physically threatening, unbelievable. Liz the Flight Attendant was underneath the pile here. One guy arrested, battery and assault. And could be headed for jail. Hes pleading not guilty. One guy suffered minor injury, concussion, eye socket and injuries to his nose. Charles almost every day. Liz another flight, another fight. Flying to yr destinatio is a contact sport and its turning out to be. Charles allow us to bring helmets and knee pads. And the market, we were off earlier on and these are driven by the juggernaut tech stocks. The opening bell is just moments away. The opening bell less than 40 seconds away. Set the stage for you. Nasdaq continues to be a juggernaut. And each session almost setting a new record. But its yesterday the blue chip stocks, the dow, that could not necessarily get a grip on things. Actually collapsed going into the close before some buyers stepped in. So would he have a couple of constituents here, the buy on dips crowd out there and folks who are simply chasing this market. Chasing those winners, particularly money managers, institutions at this point must own the fabulous five that we talk about every day. Consequently, nasdaq probably higher and the other two side ways. More red on the green on the screen. The dow 30 stocks, again, sort of a side ways move. Remember, disney is going to be the main loser here. Down 3 , thats going to put a lot of pressure on the dow overallment chevron is up, caterpillar is up, exxonmobil i things here. Crude may have found support at 46 bucks and my stock, vulcan mate