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stuart: what do you mean, justin bieber. let's get on with it. 10:00 eastern. we've got the dow down 30 and the nasdaq is up close to one hundred points. split market, the tenure treasury yield is up $4.16, the price of oil has been moving up and it is now $77 a barrel, bitcoin on the upside as well, $47,000 a coin at microsoft just hit it third record high, on track for its third straight record close. that's an intraday high. that's the markets, now this. thursday was the worst day of the biden presidency. at 300 page special report from

special counsel robert her painted a painful picture of biden is a, quote, well-meaning elderly man with a poor memory and diminished faculties. he made things worse with an angry press conference where he made yet another gaffe confusing the presence of mexico and egypt. now watch. it is a question of how and when the democrats are going to move him aside. they know after this report he cannot win in november but he is defiant. he told the press, he put this country back on its feet, he knows what he's doing and he is going to keep doing it. replacing him would therefore not be easy but they've got to do and do it soon because they don't want to lose the election. they somehow replace him, that means president kamala harris who is less popular than biden. i don't know how they can replace the president and vice president in the middle of the campaign but that's what the democrats would really like to do. there are 269 days left until the election.

the president's cognitive decline is getting worse on a daily basis. hard to believe that he is capable of being in command of this government until november for flood loan for another four year term. it is a dangerous time. we are at war, we are being invaded and we have a president with diminished faculties. we can't have this. at the very least this is the beginning of the end of biden's cane for second term in my opinion. second hour of varney just getting started. ♪ stuart: tammy bruce with me this morning. strange question. who do you think is really running the white house. i don't think it is biden. tammy:many have been asking who is running the country. we have known somebody is not in front. the founders intended it to be someone who can deal with repercussions or be pointed to

if something went wrong, you can on elekta the more not elect them, now have a faceless anonymous group. the assessment is it is barack obama through proxies in the white house. could be the chief of staff, a variety of people not on the cabinet. certainly not the cabinet. americans recognize that but we are at a point we can't pretend this isn't happening. to your question how they do this, the only way is a convention in august in chicago. this is where everybody is watching, you control the message, the delegates are told by the nominee, biden, it's not my time and they introduce whoever the team will be. that is the only way to do it. kamala harris might be part of the team, or it could be somebody else entirely. if i was advising but i'm not,

that is where they reset their message, with a team of people and that is where they move. maybe polls democrats out, pulls people of color out, gives people hope but there's no other way to do it and talking about the 25th amendment, then you would have president kamala harris. we have to, politically they might like that but the country is at risk. no matter what they do it sends a message of chaos to our enemies, to our friends, you have kamala harris as president, there's chaos. president biden stays, it's chaos. donald trump with the supreme court, chaos. everything the establishment is doing no matter what they choose now puts us more at risk because china is looking with love at taiwan, iran is thinking we can get the bomb in a week, saudi arabia buys the bomb for pakistan and this is

what the next president, no matter what they do they better -- no more angry forgetful man, having press conferences saying i know what i'm doing. if you are the president and you have to tell people you know what you are doing and you are in charge you are not. stuart: i want to bring back trump in the 20 fifth amendment. remember this. when donald trump warned biden about the 20 fifth amendment in 2021, watch this. >> the 25th amendment is of 0 risk to me but will come back to haunt president biden and the biden administration, as the expression goes, be careful what you wish for. >> the 20 fifth amendment is all about when you remove the president, the vice president takes over. that brings up president kamala harris. tammy:requires the cabinet to do this. of got individuals as we saw with the recent general austin

episode that the cabinet is not engaged but it depends now. president biden wants to be president. that's what you saw last night. others, even the new york times throwing him under the bus, trying to hold a pillow over his face in the last article last night, people are done. so now this is about for jill biden, to let her know it is over and he wants to stay because you've got parton power, protection when you are the president. if he's out of the office his family is at risk so jill biden may be the one to be persuaded here because this is untenable. the media knows it, you saw that last night, the new york times, markable commentary of everybody knows this was happening but now it's undeniable and they are now saying maybe they would have stopped him last night but they say go ahead, go ahead, and that is what they knew would occur but this is a game for these people because now the country is at more risk with what's going on and that's what we have to be aware of. we want things to happen

smoothly and safely so that we can get, the world can tell, somebody is in charge in this country. neil: dangerous time, thank you. president biden tried to contrast his mishandling of documents with donald trump's document case. what did biden say about it? lauren: president biden said he cooperated with the investigation, returned the documents to the national archives and the doj, consented to multiple searches, and sat for a voluntary interview. biden says trumpeted the complete opposite and obstructed justice. watch. >> president biden: several material distances between donald trump's case and mr. biden's are clear. after the chance to return classified documents to avoid prosecution, mr. trump allegedly did the opposite. according to the indictment he not only refused to return the documents for many months but also obstructed justice by enlisting others to destroy evidence and then lie about it.

>> trump says there were fewer documents, they kept near the secret service and i locked them up. is the 2-tiered system of justice? stuart: sure looks like it. lauren: only one of the cases donald trump is facing. stuart: nbc report said some democrats are in full panic mode after the council's report. what are they saying? lauren: code red. nbc, it's pretty damning, this is the quote. it confirms every doubt and concern voters have. it is the only reason they didn't charge him, because he is too old to be charged. how can he be president? the report exonerated him legally, not politically. nbc continues. the first report changes the calculus for democrats who expect biden to be the party's nominee, this person said how the f does it not? another biden ally called it the worst day of his presidency. i think he needs to show us this is a demonstrably false

characterization of him and that he has what it takes to win and govern. stuart: he made another blunder, two blunders. lauren: everyone makes blunders. stuart: he's making them on a daily basis. the deterioration is getting worse. lauren: are we piling up? we are showing people. lauren: stuart: he was mumbling and forgot various things and i said i we piling on too much? we know, we are not. lauren: it hard to convince a crowd and accomplished person they need to cede power, that it's time to go. it is like taking the car keys away from someone who shouldn't be driving. stuart: we will get back to the markets but we have, trying to combine the two, the dow is down 40, nasdaq is up 86. jonathan koenig with me on

friday morning. do markets pay attention to the president? let me rephrase that. how would the market react, do you think, if it was president kamala harris? >> depends on what she does but the markets i think, we are worried about the performance from president biden yesterday. fdr had polio, wilson had a stroke, grover cleveland had cancer, president reagan showed signs of alzheimer's late in his presidency. biden's performance yesterday was very weak. i have to mentor sympathy for him. real empathy to seem struggling yesterday during the press conference. stocks could do well if the president did nothing. what worries me is what president biden is doing and what president kamala harris could do which is more regulation, more spending and most worrisome to me, more appeasement of our enemies. didn't get a lot of headlines but yesterday, president biden talked about is redoing too

much, being over-the-top in terms of defending itself, that worries me long-term, policy which president biden does not have. stuart: sorry to cut it so short, a big political day today. not much room for much else but great to see you. great weekend. now this. hunter biden's lawyers ask special counsel robert her to revise descriptions of the president's memory. we've got the letter. special counsel report also found president biden stored documents, classified documents on afghanistan, a badly damaged box in the garage near a collapsed dog great. james cara's about fanoh on that. ♪ bringing you an elevated experience, tailor-made for trader minds.

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stuart: big tech mostly higher this morning, alphabet, 147, microsoft 417, amazon 171, apple back to 180 but meta is down just about. it had a huge run recently. down 468. the israeli military launched more tax and gaza overnight. president biden causes relapse response over the top. mike tobin, what do families of hostages think, is the israeli response over-the-top? >> the consistent message from the families of the hostages is bring them home now. you've got 130 plus hostages in the gaza strip so you will get a wide variety of opinions, you certainly have those who believe military pressure has resulted in the hostage

releases thus far but you also have some hostages who were killed when mistaken for hostiles, others who have died as a result of the combat so you have some of those family members who believe compromises the quickest after homecoming. the israeli monetary these are limitary campaign continues in the gaza strip. the efforts are focused halfway down the gaza strip. is the second largest population center. prime minister benjamin netanyahu is a big believer that the army is the best solution. >> military pressure led to the release of 110 hostages. only military pressure will remember the remaining hostages. >> reporter: netanyahu says the army will turn its focus on the border with egypt. it's very tricky because that is where the civilian refugees are sheltering. netanyahu asked his cabinet to come up with a plan to evacuate

the civilian refugees while maintaining military pressure on the remaining battalions of hamas. i was just in the gaza strip yesterday, traveled north through gaza city. i can tell you from our limited observation i did not see a building that did not have significant damage or destroy it altogether, soldiers in the gaza strip are leaving no stone unturned when it comes to searching for the hostages but it is absolutely devastating for the civilians in gaza. stuart: thank you very much. back to the special counsel's report. it found president biden stored classified documents in afghanistan in a badly damaged box in the garage near a collapsed dog crate. biden's the part of justice admitted his actions posed a significant national security risk. james caris about fanoh was a monetary guy, what do you make of that?

>> if i had done something like that and they came to my house i would need to know. there's a difference between vice president biden holding classified documents and president -- the president has ultimate declassification authority. the vice president does not so very clearly, when he was a former vice president he had classified documents in a poor manner, i think these facts are indisputable. stuart: this is a time of war, biden is the commander-in-chief and he has just been judged that he's not working with his school faculties, diminished faculties. you are a military guy. what do you make of that? >> i have comforting news for you. of president biden was at the top of his faculties, if he was sharper than the chessmaster in queens gambit, he would not be any better of a president.

president biden never had good judgment in national security policy. he surrounded himself with incredibly weak team, he is conducting policy like barack obama would have and that policy didn't work. it is not the issue of his mental capacity. it is how he has governed that is the great threat to foreign policy because everything is politics first and national interest and what's best for the american people as an afterthought. that's never a good prescription. for advancing america's safety and security and prosperity. stuart: now listen to what senator lindsey graham says about the special counsel report. rotate. >> people from all over the world will read that and one of the defenses is he's a nice man.

>> it is unnerving. it is unnerving. the world can see this. it's not good for america. blue when he repeated the word it is unnerving and he's quite right. other world leaders are watching this and surely they see a weak leader in a time of war when we are being invaded. this is a dire situation, that's my opinion. >> i think everybody got the joke three years ago. they know he's a weak president, that his foreign policy is terrible. they didn't need a press conference to show that america was doing everything wrong. they had the playbook on day one. it's not just biden. it is everybody in the cabinet. everybody in national security council, they know exactly what these people are going to do and they know how to exploit it. even vladimir putin was right. he knew they would have walked away from ukraine. he was wrong because he didn't know he had a terrible military

but biden was ready to throw ukraine under the bus, today he's ready to throw ukraine and israel both under the bus rather than address the border problem so honestly i don't think this press conference is this earth shattering thing people think it is but all of a sudden we woken up and said this guy is chelsea gardner. this has been a poorly led country for three years and our enemies knew that a long time ago. stuart: you wrapped up very nicely. thank you very much for joining us, we will see you soon. president biden's lawyers are asking the special counsel to revise the details about biden's memory that came up in their report. ashley, what do they want to change? ashley: to revise the council's descriptions of the president's memory. biden's personal lawyer wrote the statement that said in part, quote, we do not believe the report's treatment of president biden's memory is accurate or appropriate.

the report uses highly prejudicial language to describe a commonplace occurrence among witnesses, that is lack of recall of years old events. the statement goes on to say the special counsel should revisit those descriptions of biden's memory and revise them so they are stated in a manner that is within the bounds of the council's expertise, in other words the truth hurts. stuart: got it. now this. democrat senator chris murphy admits what we have been saying, illegal migrants are people, his party care about most. we play the soundbite. manhattan da release his new body camera footage from the attack on police officers in times square. 7 have been indicted, one is behind bars. ♪

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stuart: check the markets please. the nasdaq on the move, up 107 points, 50 phone thousand 900. lahren is back with the movers, who and what do they do as cloud fair?

lauren: cybersecurity up 24%. the entire sector is moving on cloud super fair saying revenue growth 30% in the quarter, they have big deals from new and existing customers, the scale are at an all-time high, fort net leading the market, two at an all-time high, palo alto up 3%. >> security doing very well, the threat of hacking has gone up recently. nvidia new high? yes. >> 711 in change, reuters is reporting 9 sources that nvidia is building a new unit for advanced ai chips, this is a market that has not been tapped. it's worth $30 billion and they had conversations with all the big players. mehta, microsoft, google, open ai to make custom chips for them. stuart: do you know anybody who has bought nvidia? they are ecstatic.

lauren: 1100 is the highest price target. stuart: if i got it i wouldn't sell it now. lauren: adam johnson comes in every we can says i raised my price target, i' m at 7, eight. blue when he has been right so far. lauren: it takes guts. stuart: amc. lauren: their loss narrowed, revenue fell but beat expectations. revenue rose 4%. the number of streaming subscribers. i am not sure. stuart: shall we move on? new york city district attorney alvin bragg releases nobody can footage of the migrants attacking those two police officers in times square. nate foy has details. >> reporter: the video paint a clearer picture of the incident.

the manhattan da believes 11 people are involved, several of the migrants. now we are seeing what the attack looked like from the eyes of police officers. take a look. [shouting] >> take a look at the next video. it appears it started when an officer touches the man in the yellow coat. we saw him on the ground there. they were trying to disperse him from a crowd, you see the complication start here, the attempt to move the man away but as they do that he pushes back, the officers take him to the ground. that's when his friends jump in and kick the officers while they are down.

>> manhattan da. [shouting] >> reporter: alvin bragg laid out the charges against the five identified migrants. they sais felonies including second-degree assault charges and one charge of tempering evidence, swapping jackets. the dna says the investigation is ongoing and there are no warrants out for the rest of any of those involved. the timeline calls will behavior in the video despicable. >> this assault. and and the safest big city in america.

as a lifelong new yorker i don't tolerate attacks on police officers. >> reporter: one of those migrants involved is locked up. send them back to you. stuart: alvin bragg has a lot of nerve. new information reveals criminals in the chicago area are recruiting illegal migrants to carry out crimes. a retired police officer on riverside joins me now. what is going on here? >> violent crime is out of control since the migrants have been landing at the chicago landing zones, the crimes they are committing are planned and calculated. they are receiving cell phones, sometimes flown here and given directions, how to get to these

suburban malls, entertainment zones, provided transportation mapping, if you land hear from ecuador or some other country, no idea where these suburban malls are located, oakland, illinois, high end stores, targeting macy's and the high end stores, never surrender when they cut. and a very dangerous, the fight is on. it is a dangerous situation. >> you are retired police chief. how do you get politicians to chicago to listen to you.

>> after the george floyd incident. and they are stationed at every corner. it's well-known the city of chicago and the suburbs are understaffed, recruiting and retention problems. i have to write a column, i wrote a column saying the only way politicians will listen is money. when i was police chief my village, when businesses would leave the community-oriented getting tax revenue directives came down, same happens with chicago. chicago receives all kinds of tourists and conventions and suburbanites, to enjoy a way, go to dinner, stay at a hotel overnight and have money in

restaurants and bars, if people would stop doing that because of the violent crime and migrant crime the city of chicago politicians will listen, the mayor will listen because tax revenue will shrink. stuart: see if that works. may be you should suggest that. we will follow up and follow-up. one democrat senator turning heads for comment he made about undocumented americans. come back in again, ashley. undocumented americans. tell me more. stuart: ashley: democrat senator chris murphy of connecticut declared undocumented americans are people his party can do. >> it has failed to deliver.

and this is not 2013 any longer but when we ran that player last but, there are 8000. the realities the bulk of this country does not think that's right or sustainable. and wanting us to change reality at the borders. ashley: murphy is admitting the conversation has changed, the massive influx of migrants is not sustainable and something needs to be done about it. interesting use of words. undocumented americans. actions should be taken but he also says republicans refuse to pass a border fix bill, perennial election year election year. stuart: stephen smith, very well-known sportscaster, predicting a trump when on what grounds?

why is he saying that? ashley: he says trump is on the verge of being elected again because he says the economy is floundering and the biden administered and appears to care more about illegal immigrants than struggling americans. listen to this. >> i see homeless folks in the streets of new york all the time. i see them in california. we have four impoverished starving people who were born and raised in this nation. how do we come up with a $53 million pilot program for illegals but folks were here legally are born here, we don't have enough of them just like we can come up with billions for ukraine but somehow someway we can't fix the homeless problem. ashley: something many people say. he doesn't blame rapper 50-sent

after after blasting eric adams for his plan to financially support migrant families. smith adds i'm not a republican but democrats on this issue have been wrong. stuart: that is right. thanks. no charges were filed against biden despite special counsel report saying the president knew he kept classified information in his house. what's the difference? we are on it. it appears the supreme court will likely allow trump to remain on the 24 ballot in colorado. shannon bream will tell us key take aways from the landmark hearing next. ♪ ♪

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stuart: the special counsel report says president biden retained the classified documents but no, no charges are warranted. the legal team said the special counsel had excessive requests, perhaps unsurprising given the intense pressure in their political environment. did special counsel find that biden is unfit to stand trial? lauren: it boils down to the language about his diminished faculties, that he was are well-intentioned but elderly man who couldn't remember major dates or times or events in the chronology of his life. a lot of language of the report which is very lengthy, points a finger at the president but says i don't think a jury would

convict him because it's more about forgetfulness than intention to defraud or something more venomous in his language but it leaves the white house with stuff they don't want to hear in the middle of a reelection campaign over whether the president's for to come he commander-in-chief. stuart: if he's not fit to stand trial he is not fit to run the country, is he? >> reporter: politico is reporting on a top campaign official firing back at this saying it's very james comey. he came out with a report talking about all these careless and irresponsible things hillary clinton had done but said we are not going to prosecute her. it really hurt her. folks in the biden camp faxed think that that's the net negative. blue one what is the difference between biden's charges on the document and trump's charges on the documents? >> reporter: donald trump is facing dozens of felony charges in connection with his mar-a-lago documents.

he differentiated them and said it turns into an obstruction case when donald trump was given numerous opportunities to turn over documents, to be truthful about what had been turned over and not only did he not turn over the documents but there are allegations he worked with other people to hide documents from federal authorities. he says mr. biden was always cooperative, set for these interviews which he sees them as two different cases. stuart: the supreme court will likely allow donald trump to stay on the 24 ballot in colorado. listen to what trump had to say. >> i consider it to be more election interference by the democrats, what they are doing. i am a believer in the country and the supreme court. we are leading in every race, leading in every state, leading in the country. can you take the person that's leading everywhere and say we

are not going to let you run. that's tough to do but i am leaving it up to the supreme court. stuart: it looks like he's going to be on the ballot. this is my opinion, 9-0 decision to make it emphatic. lauren: sitting in the packed courtroom, looking at every nuance from the justices they don't look far because their public comments, nearly all of them can be convinced colorado as a state does not have power over 14th amendment section 3 phrasing, to take a federal candidate off the federal ballot. justice sotomayor may make this a one. the chief will want to get to a narrow, speaking about the united voice. they will stick to the text of the law.

stuart: we will see you again later. remember when the mayor of san franciscost tried to cut police funding? cave to pressure from black lives matter, she teaming up with republicans to crack down on criminals. a restaurant in memphis has been robbed seven times in the last four years, leaving the city. the business owner will join us after this. the new dexcom g7 sends your glucose numbers to your phone and watch, so you can always see where you're heading, without fingersticks. dexcom g7 is the most accurate cgm. so, you can manage your diabetes with confidence.

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stuart: i see us all again for the nasdaq, up one hundred 36 points, the dow industrials down 77. little change for the s&p. one store in memphis has been robbed 7 times in the last four years. co-owners are considering moving a restaurant out of the city. jason gardner is a co-owner of trap fusion. he joins me now. who do you blame for this? >> good morning, good morning. the city has crime. that's just one thing.

landlords that won't provide lighting and things of that nature. it's a combination of everything. stuart: government of the city, badly governed? is that it? >> we have new leadership in the city, should shift the crime way we are talking to and holding landlords responsible and taking care of these properties. a lot of investors from out of town and provide what they provide, what they should provide to be successful. such as lighting on top of the buildings and things of that nature. those are things that should be provided by the landlord. to make stripmall's prosperous. stuart: is your only complaint that landlords are not doing what they could do in your city?

what about defunding the police? cutting the police force? district attorneys? >> the justice system in memphis has not served because they catch these criminals, the police catch them and they are back on the street. they are needs to be some adjustment through the justice system and these guys need to be held responsible. for their actions. stuart: where would you go if you did leave the city, where did you go? >> nashville, la, parts of texas, orlando, may even be in new york. stuart: we have a few problems in new york. one last question for you. the name of your restaurant is trap fusion. where did that name come from? >> at stanford take risk and

prosper. putting in the city of memphis, with all obstacles against us to prosper in the neighborhood, do the best that we can to provide help, breaking records and being an anchor for the community for some time to come and that's what we want to do, at the time we opened we were a food desert so we wanted to make sure we had something we could call our own and provide those. stuart: better not leave because you don't want food desert. we appreciate you coming, good luck. mayor of san francisco teaming up with some republicans, the leadership of san francisco, what is going on?

ashley: can you believe joining a republican campaign that would increase jail time for large quantities of fentanyl, make it easier to charge people with murder or repeat thefts and organize retail theft. it's a major rollback of proposition 47 the reduced punishments for drug possession, property worth $150. now they admit there have been unintended consequences as she has battled to crackdown on illegal drugs and thefts in san francisco. california republicans have argued against prop 47 and years later some democrats agree. stuart: thank you very much. still had, steve hilton on biden deepening his memory after the special counsel's damning report. charles payne on how the market might react to her kamala harris presidency. the 11:00 hour is next.

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