i think it's going to be a tight and exciting game. but you never know, right, nat? and also the gambling. here you go, you take the ball away from me, because it is going to be, i think, an exciting game. and i don't know, it's anybody'y the way, proposalsome no? yes? if. >> i don't know. there's going to be so much focus on her, i think it's going to overshadow so much of the game. cheryl: that's going to be the ratings story. there's going to be 6-year-old, 8-year-old girls watching the super bowl that normally don't care. >> i and i think you're going to see taylor swift join usher at halftime to everybody's surprise and shock is. cheryl: if you want to talk about gambling, you can bet the songs that usher plays in the halftime show. joe, john, give me that ball with. stuart, i'm not going to throw this away because i don't want to break any cameras. happy friday and super bowl sunday. stuart: we'll take it all. good morning, everyone.

the special counsel describes president biden as an elderly man with a poor memory. robert her or will not charge the president because he's unfit to stand the trial. biden angrily filed -- fired back. disaster. another gaffe. he confused the leaders of egypt and mexico. this is a political firestorm. if biden is unfit to stand trial, is he fit to run the country? it's a dilemma. if somehow if he is moved aside, we have president kamala harris. thursday was the worst day of his presidency and possibly the end of his campaign for a second term. donald trump, he's having a field day. he wants the know why biden isn't charged for stashing secret documents at his home but trump is. he won 99% of the vote in the nevada caucuses, and the supreme court is very likely to keep him on the ballot, and addressing the crowd in las vegas last night his tone was measured and calm. he's on the upswing. this is what everyone is talking about.

there will be developments throughout the morning, and we will be follow ifinging closely. following closely. to the markets, fairly quiet so far compared to the drama in politics. stocks have been rallying this year. more modest gains so far this morning. dow up, what, 28? s&p up 9, nasdaq up 56 at this point. the 10-year treasury is staying well above the 4 yield. you're at 4.16, actually, and it's rising. the 2-year close to 4.5%, i'm quoting it at 4.46. getting closer all the time. gas, starting to move. $3.16 is the average for if regular, and diesel was up 2 cents overnight at $3.96. bitcoin, look at this, moving up quite suddenly this morning, back to $47,400 a coin. that's the markets. on the show today, we're all over biden's new crisis. we'll tell you the shocking details obviously president's rapid decline. -- of the president's rapid decline. you'll see the inevitable speculation about a possible

president kamala harris and trump striding towards his nomination and biden shuffling through his campaign. i sense big change coming. friday, february the 9th, 2024. "varney & company" is about to begin. ♪ ♪ ♪ stuart: ah, the president's beachside area, and this song is called, put it on the careen, what's my age again? oh, dear. okay, point taken, producers. point taken, indeed. here we go. it is the big story in politics. special counsel robert her will not charge president biden for his mishandling of classified documents, but a whole lot more in that a special counsel report that amounts to a political bombshell for the president. he's operating with diminished

faculties. if edward, take us through what happened after the report was released. >> reporter: stu, and the president tried to defend his mental fitness. probably not the way he wanted to do it. now, in this report it says, quote, the president is a simpl, well-meaning elderly man with a poor memory. here's the president's response to that. >> with i'm well meaning and i'm an elderly man and i know what the hell i'm a doing. i've been president, and i put this country back on its feet. i don't need -- >> reporter: how accurate is your memory and you continue as president in. >> my memory is so bad, i let you speak. >> reporter: yeah. another or part of the report into biden's classified documents says his diminished faculties and advanced age and his sympathetic misdemeanor, these factors likely make it difficult for jurors to conclude he had criminal intent. so last night more of the president's defense, and we heard this.

listen. >> some of you have commented, i'm aware since the day he died, every single day, the oazly he got from our lady of -- every memorial day we hold a service remembering him attending by friends and family and the people who loved him. and you know initially the president of mexico, sisi, did not want to open up the gate to allow humanitarian material to get n. i talked to him. i convinced him to open the gate. >> reporter: the president forgot the name of the church where he got his rosary, from also el sisi is the president of egypt, holding the rafah gate closed for aid into gaza, not mexico, where the border might not be as a tight. both did not help his cause. the president may have wished he has been charged in this case because the defense for not charging it attacked his mental capacity to be president of the united states. stu? if. stuart: edward with, i think we're all shocked and also sanded by this.

edward, thanks very much indeed. joining me now is charlie hurt. i want to get straight at this. are we looking at a president harris? >> it's hard to see how that doesn't eventually come about, you know? and obviously, you know, what we with saw last night, and it's so painful to watch and just rewatching the clips of it just now, you know, as a human, as an american, as, you know, forget politics, it's very painful to watch. and what you're seeing is a guy, especially when you compare his performance last night to clips from just, say is, two years ago a or three years ago. the presidency is a punishing office, and it has done a number on joe biden like we've never seen before. so, yeah, i think it's a very serious question. but i do, i am certain that behind the scenes there are people who are trying to figure out how to get him off of the ticket, out of the way. and i think that -- exactly because of what you just asked,

they're terrified of this coming undone and it being an untidy transition and then democrats winding up with kamala harris. so i think what we're going to see unfold over the next couple of months is they would like to she see joe biden stay in the race, collect all of the delegates that he needs and take it to a convention where they can, in an orderly fashion -- not an orderly, in a a more orderly fashion, figure out some way to convey those delegates to somebody else in the party that the party leaders want. the problem is what we saw last night is a guy who's, you know, one banana if peel away from losing the presidency, and then it goes to kamala harris, and i don't think my democrat wants that to happen because the only person in politics today who is more incompetent and more unpopular than joe biden is

kamala harris. stuart: but isn't there some question about in some states it's too late to change the candidate? >> well, so and i think that's exactly why what we're going to see is we're winning to see democrats -- we're going to see democrats, and clearly joe biden is not backing down. he thinks he's in it to win it. stuart: good point. >> but what party leaders, what they want to see is they want to see him -- because you're exactly right. it's going to be hard to get somebody else on the ballot. and if they throw it open right now, you've got rfk, dean phillips, gavin newsom, all kinds of democrats who are going to jump into the fray. and that's going to be absolute chaos. i think what we're going to see is they're going to try to wrangle delegates under joe biden's name and just get it to the convention. and this -- if they can get it to the convention, they get it to their smoke-filled backrooms, they operate with an iron fist in their party, it's like they

don't have a problem line trump taking over the party the way republicans do, and heir going to figure out some way to replace -- for joe biden to hand his delegates to somebody else e, and that somebody else, they don't want it to be kamala harris. i suppose what they would really like is for that person to be gavin newsom. although i don't with see how gavin newsom -- and anyway, if it goes to a wide open primary where everybody's fighting, think about what democrats do. they're going to run to the left. the first thing, if it's a wide open primary all of a sudden, every single democrat on the stage is going to scramble to give free health care to illegal aliens. and in that instant, they will doom any chance that a democrat will be able to win in november. and so they have to do everything they can to prevent that from happening. stuart: we're shocked and we are saddened, and we're intrigued what's going if on here. >> yes. stuart: charlie, thank you very much, indeed. lauren, good morning to you. what's trump saying about the decision on the special report?

lauren: drop the charges against him. there's a double standard. this is the exact quote, they should immediately develop the case against me -- drop the case against maine i'm covered by the presidential records act. he wasn't. we have many, many times more documents unguarded. mine if were always surrounded by secret service and in locked rooms. trump had a really good day yesterday, he really did. and he and likely will make this her report, the special counsel report, a staple of his campaign. biden, my opponent, is unfit and there's a two-tiered justice system that is keeping me in the courtroom instead of on the campaign trail. stuart: terrible day for widen, pretty -- bide with, pretty good day for trump. on a friday morning i see a little bit of green. kenny poll kenny polcari joins us this morning. all right, kenny, i've9 bot to ask a political question here. is there any connection between a president in cognitive decline and the performance of the market? >> no, i don't think so at all.

look, this market has done nothing but advance. the cognitive decline, the conversation about joe biden's health, that's been ongoing for five, six, seven, eight a, ten months, and the market has completely ignored it. that kind of a subject is not going to affect stocks. it might affect the mood of the country and people feel bad, whatever, but it's not going to twine the direction for stocks. stuart stuart would president kamala harris affect the stock market? >> that would be a whole other conversation. stuart: yes, it would. >> it would, yeah. i think the market would that take a hit, honestly. i think part of the reason we've seen the market rally is because the market's assuming we're going to get a trump presidency again and republicans are boeing to take control. i think if something happened to joe biden and kamala harris elevated to that spot, i think the market would actually back a off. but, again, i think it would be short, right? the market would have a negative reaction, and then it would once again focus on what it always focuses on, right? if remember, the geopolitical stuff does cause short-term chaos but doesn't price stocks in the long term.

stuart: give me 30 seconds on why you are moving away from tech. >> so i'm not -- let's get it clear, i'm not moving away from tech, i still own tech, but there are other parts of the market. think outside of the box, right in the industrials are breaking out. this is the year now where all that infrastructure spending is going to benefit industrials. and so names like honeywell or raytheon are all names investors should be looking at to help diverse diversify their portfolio in case we hit a little bit of a storm with tech. i'm not selling it, i'm just not chasing it. stuart: the market is broadening out, the rally is, and you're part of it. kenny poll aroundly, have a great weekend, and we'll see you next week. >> you as well with. stuart: do you remember when trump responded to the democrats' efforts to remove hill from office? watch this. >> the 25th amendment is of zero are risk to me but will come back to haunt joe biden and the biden administration. as the expression goes, be

careful what you wish for. stuart: he got that right. the 25th amendment is all about who replaces the president if he's removed from office. it is, of course, the vice president is, kamala harris. the report was damning, no doubt about that. the special counsel referred to bind as an elderly man with a poor memory. isn't it time for senior democrats to have a word with biden? rachel campos duffy on that next. muck don't you remember. ♪ don't you remember ♪

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stuart: billionaire hedge fund manager bill ackman wasted no

time weighing in on the special counsel's report. lauren: just remember he's backing dean fell lips, and for a while billing ackman has been urging the democratic party, ditch biden because it's getting bad. this is what he writes on x. it's long. biden is done. this is no chance he will run for another term. we have crossed the rubicon. i am sure his staff told him not to respond to the hur report. he didn't listen, and he called an emergency press conference. it seems like a desperate act of a fading and angry man. it was sad to watch. this is the moment when you need your closest friend, your wife and your family, to wrap their arms around you and say it's time. we have traveled beyond the absurd and, sadly, it is only going to get worse. finish you said at the top to have show, i've heard other people say, yesterday might have been the worst day of the biden presidency. the worst day. it also might have been the end of his re-election campaign. stuart: that is my opinion at

this point. lauren: what happens now. because for a moment people waiting on this newser yesterday, this statement from the president, do we have a president harris? and that wases a frightening thought to a lot of people. stuart: that's why biden jumped out at 8:00 and and did this emergency press conference. he was defiant, no, i'm staying. they're a lauren he's angry. stuart: it was just a few weeks ago when jill biden defended her husband's mental fitness. watch this. >> your husband is 81. at the end of a second term, he'd be 86. as his life partner of 46 years, is there a part of you that is worried about his age and health? if can he do it? >> he can do it, and i see see every day, i see him out, you know, traveling around this country, i see his vigor, i see his energy, i see his passion. every single day. i say his age is an asset. he's wise. he has wisdom, he has

experience. siewfer tooth all right. let's fast forward to yesterday's special counsel report,ing robert hur with writes this: at trial mr. biden would likely present himself to a jury, as he did during our interview, as a sympathetic, well-meaning, elderly man with a poor memory. rachel campos duffy joins us. is it time for senior democrats and maybe the first lady of to have a quiet word or with biden, it's time to leave? >> absolutely. but jill biden should have had that conversation years ago. i remembering being on the couch on fox ask and friends back in 2021, and i said this -- that i thought it was cruel, and i say this as a political spouse, the only person who can tell him to step down really is jill. she's the main person. and she knew during the campaign that his mind was failing, and this would only get worse with the with pressures of this job. so, yes, she's the one. and i said on the couch, i said she failed her husband, she needs to love him, tell him to step down or not run, and he failed the country. and when i said that, she got

her own team, her team at the first lady's office, writing press releases, there were all kinds of articles demanding that i apologize, and i don't. i stand by those words then, i stand by them now in '24. it's gotten even worse. and as for wisdom, where's his wisdom? he showed no wisdom in his handling of ukraine, at the border. he hasn't even shown wisdom, stuart, with how he deals with his own family matters. who puts a son who is addicted to drugs and to prostitutes in charge of the enterprise, the moneybag? that is not wise. so he has not shown wes.com at all in any -- wisdom at all in any facet of his life. yes, it's teem for him to step down. the question is what will they do -- stuart: right, how will they do it? >> i mention one other thing? yesterday he tried to defend himself, and he couldn't name the president of egypt, and then worse for me as a catholic, he wouldn't name the virgin mary that the rosary was supposedly

named after for his son -- stuart: now, hold on a second finish. >> yeah, yeah. stuart: i want to play a clip of kjp defending bind's gaffes, exactly what you're talking about. here is kjp defending biden's gaffes. roll the tape please. >> many people, elected officials, many people, you know, they tend -- they can misspeak sometimes, right? it happens to all of us. and it is common. but i do watt to -- want to make sure we don't forget what the overall, arching kind of theme, what he's trying to say about our leadership on the global stage. stuart: the i have to say i almost feel sorry for karine jean-pierre. she has an almost impossible job. what do you say? >> yeah. yeah,s the impossible. but the really scary part is that this is a very dangerous time. i don't think in my lifetime, you know, since the '80s, since i was a little girl we've

ever talked about nuclear war, that we've ever talked about -- you know, i see headlines about the possibility of world war iii. we have two wars that we're funding and dealing with. everything's on the edge, and everybody watched that interview, the american people did but so did putin, so did xi jinping, so did all of our enemies in iran. so this is a very scary moment, ands it is up to jill biden to show her patriotism and to say enough is enough. stuart: we also have to the contend with the possibility of president kamala harris. i think that's the first thing that op toes up, isn't it? -- pops up, isn't it? the president is declining daily, and if anything happens in the next 11 months, we have president kamala harris. we have to ask, how does this country feel about that? >> not good. but i haven't felt good for the last two years because i don't know who is running the show. is it jill biden? is it obama out of his mansion? if we don't know. and so if kamala takes over,

does obama just, you know, continue running things -- stuart: yes. >> -- with valerie jarrett out of that mansion? perhaps. or do they say we need to -- this is too dangers because this is obviously very good for donald trump, what just happened, so maybe we're going to pull out the wildcard and run michelle obama. i don't know what's going to happen. but this is a very scarily time, and again, i hate to lay it right at jill biden, but i don't know who else to lay it at because it is the job of a spouse. and why wouldn't you want to pend your twilight years with your spowrks loving on him, caring for him? if he doesn't belong where he's at right now. stuart: i'm sorry, hard break, it's coming up on me. rachel campos duffy, thanks very much. very important subject, we appreciate it. thanks very much, rachel. quick check of the futures, no impact on the market. the dow is down a little, nasdaq up 50. we'll be back with the opening bell. ♪ if. ♪ ♪ out of the blue sky -- her

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about uber. thank you for recommending uber. i did buy it, and i've made some money on it. your price target was 75. now you've changed it. what's your price target now? >> we've bumped it up a little bit to 80. you know, we had a really good with earnings result from the company earlier this week. we had a big rise in the stock going into the earnings, expectations were high. they were met, you know? the top line is growing at around 20% year-over-year with. if you look at the mobility and delivery part of the business, the uber eats part of the business, and profits continue to the rise and the free or cash flow continued to rise. they're going to do an investor event next week, and we think they'll announce their share repurchase planning so it's kind of a third of the value catalyst we've been waiting for on this name. it's a good asset. it's got large total addressable market, the world leader in terms of ride sharing and delivery. it's an asset you want to own. for the long term. you want to pick your spots as to when to get super aggressive. stuart: i'm in and i'm staying in.

thanks very much, mark. snap, rough week. i know you cover them. can they recover at all? >> they can recover, but i would stay away from this. i have a much stronger preference for if you want to stay with the big caps, stay with google, but particularly stay with meat, and in the mid cap a, small cap space, stay with pinterest are. i think you want to stay clear of snap. they've done wonderful inknow vawtion on the user side is, but somebody's got to pay the bills, and i just don't think snap. has done enough for marketers and advertisers. they're not seeing the return on ad spend. i think you want to stay away from snap. stuart: they've never made a profit, i don't think. not in any quarter that i know of. is that right? >> on a gap basis, you're absolutely right. stuart: all right, mark, thanks for joining us. always a pleasure. have a great weekend. see you next week. the market has just about seconds to go, 3, 2 seconds to go can. press the button, please. thank you very much. okay. the market is now open on this friday morning.

the political news is drama. -- dramatic. we don't have much drama on the market, at least not so far today. the dow has opened with a loss of 22, 23 points. there's a preponderance of sellers among the dow 30. i only see about 8 or 9 winners, the rest are losers on the dow 30. show me the s&p 500. i believe that's ever so slightly higher. yeah, only just, .06%. if it's right at 5,000 though the look at that. thank you very much for pointing that out to me. lauren: big with deal. can we close there? if. stuart: indeed. the nasdaq composite is up 50 points, one-third of 1%, and the dow 30 still dominated by seller. big tech, all of them up. meta, amazon, microsoft, apple, alphabet up. microsoft, that's a new intraday high, i believe, at $416. and meta's ooh doing extremely well again, it's up9 -- up at $473 per share, up $3. then we have pepsi. they reported before the bell. the stock is down a couple of percent.

what's the big takeaway? lauren: remember care rah rah four in europe said prices are exorbitant, we're not stocking you anymore? u.s. customers are starting to feel the same way as that giant over in france. so two years of price hikes, we're saying enough. frito lays, pepsi too expensive. sales fell in the quarter for pepsico, and the ceo on the call says we're seeing a bit of a slowdown in the u.s. duh. you -- it's too expensive. they did boost with their dividend by 7% to over $5, but it's not helping the stock. stuart: so they don't have price freedom. lauren: no more pricing power here. stuart: no more pricing power, that's right. okay. pinterest are, i think they're way, way down this morning, nearly 10%. i call them the ideas board site. lauren: and i'm going to say this is nothing because i saw them down 28% after the report. so they're paring losses, if you will, because they came out and announced a partnership with google. so they can get more ads in front of their overseas customers. but their earnings report card was pretty bad. their revenue missed the

estimate, and they're making less money per if user than expected. it's $2 per user. the expect andation was, i think, $2.05. stuart: affirm is the buy now, pay later company. another big drop there. quite a few of them, serious losses. that's down 3%. lauren lauren buy the rumor, sell the news. yesterday the stock was up 10% heading into the earnings report, and it surged threefold in the past year. so this is a stock that's tripled. the quarterly numbers were fine. the ceo actually said, quote, we're not -- knocking it out of of the park. the problem is the guidance is not terrible, just not fantastic, kind of underwhelming, few yo -- if you will. and we got that report from the new york fed saying, look, the consumer's tapped out, they're worried with about delinquencies. affirm said their delinquencies were flat. fine, they didn't get worse but not getting better. stuart that's the point, isn't it? lauren lauren yeah. stuart: expedia, another one that's down big this morning.

lauren: wow. a lot of losers, yet the overall market is heading for five straight weeks of gains. expedia is down because there's a sudden ceo change and then a miss for their gross bookings. so peter curve is the ceo -- peter kern, been there since 2020, he will be replaced this spring by aryan gordon, surprised investors. bookings. okay. airbnb is more popular than vrb if o which is the one that expedia owns -- vrbo. so you can make that argument. you look at their gross bookings in the quarter, they rose 6%, but wall street wanted more. stuart: okay, i understand. take two interactive. obviously, a video game company. great last year, they were up 50%. what changed? lauren: yeah. grand theft auto 6 isn't coming out until 2025. they saw weak demand for nba a 2k, weak book, in general and they cut their annual forecast. stuart: we've got some big losers this morning. lauren: do we have a winner?

can this one be a winner? stuart: united airlines, yes. lauren: yea! just for you. stuart: who likes them? lauren: every -- ever core. they say the industry is improving, and they like investor-friendly moves like their capital reallocation. stuart: i'll never buy an airline, and i'll never buy a restaurant, it's that simple. lauren: not a restaurant either? i thought it was a cruise. stuart: them too. check that big board. we are, what, four and a half minutes in. minor loss, the dow is at a 38,700. dow winners, top of that list we have, let's see, we've got boeing, little bit of return there, american express, salesforce p chevron and microsoft at 415. the s&p 500, applied materials, united airlines made that list. kla, first energy and arista the networks. nasdaq winners, applied materials, lucid, datadog, love that name, kla and ill illumina.

the 10-year treasury year rising, you're at 4.17. that's going to take its toll on the nasdaq when that rate goes up. and the price of gold well above $2,000 an ounce but only coming down $9 this morning, $2,038. bitcoin, i had that at 47,000 earlier. it's $47,200 now. the price of oil, mid $70 range, yes, we are, $77 about. has been going up recently. nat gas, a huge plunge in prices there. i don't know why. you're below $2 per million british thermal units, way down. the average price for a gallon of regular, that's going up, this should $3.16. diesel up two cents overnight, $3.96. it is friday, don't forget to send in your friday feedback. e-mail us at varneyviewersfox.com. and there's this, just minutes after the supreme court heard arguments on the ballot ban, trump seemed confident that his legal team will definitely

pull him through. watch this. >> in watching the supreme court today, i thought it was very, it was a very beautiful process. i thought thought the presentation today was a very good one with. i think it was well received. stuart: well, the liberal media kid not see it that a way. we'll -- did not see it that way. we'll bring you their reaction. stay with us, please. ♪ ♪ we're beautiful now, we're beautiful ♪

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when you sponsor a job, you immediately get your shortlist of quality candidates, whose resumes on indeed match your job criteria. visit indeed.com/hire and get started today. stuart: on the markets after, what is it, 10 minutes' worth of business, dow is down 25, nasdaq's up 40. and then there's this, democrat strategist james carville has some new advice for democrats this election season. lauren: he was on cnn, and he

told the party you have to have sympathy for voters. stop gaslighting them when it comes to the economy. watch here. >> if you tell people they live in a good economy and they don't think they do, they think that you don't understand their lives. you've got to let people feel the economy, and they can talk about measures that they're taking to help people deal which obviously is a cost of living increase for families across this country. lauren: yeah. so that's the disconnect, right? we talk about the economic numbers all the time, they hold up. but when you talk about someone's personal financial situation, it is a much different story for many, many americans. and carville is saying if you don't listen to those stories, you're out of touch. therefore, biden and the party could be considered out of touch. bring in that special counsel report, right? if the president decided not to run again, he can go out as a hero for the democratic party. he got so much through, go ahead, tout your infrastructure act. the disconnect is in, okay, a

new road is great, but it doesn't really help me on my kitchen table issues, it doesn't help my pocketbook. you know what i'm saying? stuart: i presume that carville, like other top democrat, is busily trying to organize how to get president biden out of the oval office. lauren: and who to put in. stuart: and who to put in. that's what they're trying to do at the moment. that's the buzz i all over america amongst democrat circles, how do we get him out? because he cannot one -- lauren: he'll go out kicking and screaming too. stuart: it's going to be a real mess. lauren: based on what we saw last night. stuart: take a look at this op-ed, why trump's appeal if endures. liberal media misread what he represents. peter morici wrote that and joins me now. where where's the liberal media going wrong on trump? blinded by hatred, peter? >> oh, i think there's that. they have that the trump derangement syndrome. in reality the american people think the establishment, the people in washington, whether it's the biden people or the

bush with people, are not pursuing their interests. as was just alluded to, they don't really address kitchen table issues. if you're a millennial, gen-xer or so forth, you can't buy a home because it's too expensive,, laws, what have you. you're saddlinged with student loans. affirmative action is balkanizing america, it's turning americans one on another. joe biden's stance for that -- stands for that, george bush did nothing about that. they want the bureaucracy pulled out by its roots and burned. the bureaucracy in washington thinks they are custodians of the national interest, and if you elect someone like trump or someone that opposes them, for example, the pacifists at the state department, that they are the custodian withs of the national interest and trump or whoever it might be is a malignancy. there's no one on the republican side that said they would pull the deep state out by the roots and burn them. there really is a deep state.

i encountered it myself when i was in government. if i came in with new ideas, the civil servants went out of their minds. so, you know, there really -- nikki haley isn't going to do anything about that. that's a why he finished below none of the above in informed. that should -- in nevada. that should be a very clear message. and her reluctance to get out of the race just simply doesn't say very much positive about a her. stuart: talk to me about the robert hur report that was released yesterday and portrayed biden as, well, his press conference he was portrayed as an angry old man with a poor memory. what have you got to say about that? what's the impact of that? >> well, i think it's obvious what it says about president biden. he's no longer fit. but it also illustrates the deep state. the secretary of -- the attorney general is not, to my knowledge, contacting other cabinet officers to invoke the constitutional amendment that permits suspension of biden's,

you know, authority and installation of the vice president because he's incapable. how can a man be incapable of standing trial on a felony but not -- but still be capable of being president of the united states? only if your a champion of the deep state -- if you're a champion of the deep state can you take that position. likewise, the other cabinet officers on seeing this, they should be saying, well, wait a minute, mr. biden really is no longer able to fit, and it's time to suspend if his governing authority and put in the vice president. they're not doing that. that's the deep state. it says one thing on the one hand and another thing on the other hand as if the two hands never see each other, talking out of both sides of their mouth. the american people see this, they go to the ballot box, they pull the lever for trump. that doesn't mean they love trump or they like his character or so forth. but what alternative do you give them? stuart: do you think that obama and his e team are part of the

deep state and are now running the show in the white house? >> i don't know that they're running the show in the white house. i've seen no evidence of that. but they don't need to. there's a culture inside the white house. you have to sit down with some of these people, you know? jared bernstein, for example, what have you, and the kind of thinking they have. finish you know, it is so, it is so ideological. you know, consider what they're trying to do. they're trying to, in a distributed way, various lawyers around the country are trying to put donald trump in jail on very questionable legal theories. stuart: right. >> that's the kind of thing that vladimir putin does. stuart: yes. >> that's the kind of thing the leader of pakistan is doing this week. that's the kind of thing a culture does that thinks it has a god given right to rule, and the rest of us are hopeless ruins.

they have no -- r are ubes. they are no respect for us. stuart: strong stuff, peter. i know we'll see you again soon. the deep state, got it. >> take care. stuart: trump responded after the supreme court heard arguments for his colorado ballot ban yesterday. first of all, lauren, tell me what he said about the supreme court goings-on, and then tell me how the media a reacted. up lauren okay. so he a called the hearing a very beautiful process. he loves the word beautiful. and then the supreme court, it looks like they might decide 9-0 in his favor meaning the liberal justices will be on husband side potentially. but having said that, watch how m msnbc or and cnn handled that. >> the republican justices, all six of them, will defend their boy and keep trump on the ballot. >> this argument did not go well for the trump challengers, and that's to put it mildly. i probably have some other adjectives that i won't say on air. >> he is the one who helped cause, helped fan the flames

that led to the insurrection however they decide. >> now it's time to disenfranchise the disenfranchisers, and they're just looking for the exits. it's just bizarre to me to watch the system continue to bend over backwards as he plays his chicken game with our system. >> okay. i think we have gotten all the illegal an sitz e we're going to get out of president trump -- [laughter] >> can i just -- >> it's odd because there's actually an opportunity for him to -- is. >> is it odd? >> no, it's not, because he wants to talk about himself. [laughter] lauren: they laughed. and jake tapper literally cut away, and and they eventually dipped back in, and he said, oh, because i was told to because trump was taking questions. so let's dip back in. [laughter] as the panel laughed. stuart: they are at siege -- lauren could be a 9-0 discussion. stuart: could be. thursday was the worst day of the biden presidency. that is my opinion. now what? it's really a question of how and what the democrats are going to move him aside. they know that after this report

he cannot win in november, but he's defiant so how do they get him out? that's my take, top of the hour. las vegas hosting its first super bowl. the stakes couldn't be higher for the chiefs and the 49ers. we'll get a preview of the big game after this. ♪ ♪ i want to be your end game, i want to be your first string. ♪ if i want to be your -- i want to be your end game, end game ♪

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stuart: as i'm sure you know, super bowl sunday is this weekend. the 49ers face off against the chiefs in las vegas are. matt finn is there. which team do the bookies favor, and do they think taylor swift will make it to the game? if. >> reporter: currently, the odds are in the favor of the san francisco 49ers. they're hoping to win their sixth super bowl win in franchise history. the chiefs fighting to win their second consecutive. both want to say they won the first ever super bowl here in las vegas. and for years this city campaigned for professional sports teams and venues. now the appointment has come. it's hosting -- the moment has

come, it's hosting in allegiant stadium. they estimate this game will generate more than $600 million in revenue, more than 330,000 visitors expected this weekend, and we talked to some of the fans coming here from all over the world. >> we've been here before against the same team. we should be able to handle business. >> feeling very excited. there's a buzz around a vegas at the moment. we're excited to be here all the way from australia. >> it's exciting, really exciting. exciting for my team to be here. >> are you going to the game? >> no. trying to get tickets. [laughter] >> reporter: what's your highest price you're willing to pay? >> i'd say about five grand. >> reporter: there's also a lot of buzz off the field. as you mentioned, stu, about whether chiefs' tight end travis cel is city's superstar girlfriend, taylor swift, will make it here. i asked travis kelce if all the attention on his private life is

a distraction and how he's staying focused on sunday's game. >> i love this game. i love coming in to work. i've got a lot of desire to be accountable for the ones next to me. i think everybody has, has distractions or things in they lives that can take away from their focus in their work rife, and you've got to be able to compartmentalize that. >> reporter: all fun aside, the super bowl is a tier one national security event, stu. stuart: tier one, indeed. thanks very much. now then, still ahead, president biden got really angry with the press last night. did he make things worse by losing his temper? tammy bruce on that. what's the difference between bind's charges on the classified documents and trump's charges? shannon bream is a lawyer, and she'll take that on. and we're going to take you back just a few short weeks, we'll show you democrats defending biden's mental competence. times have really changed. tommy tomi lahren on that. the 10:00 is next. ♪ ♪

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