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stuart: friday morning is usually quiet in man town manhattan. today at:quiet. sixth avenue, nice day, pretty cold. 10:00 eastern. the dow heading south at the moment, 178, the nasdaq down 146. southbound movement is picking up some steam and here's why. the yield on the 10 year treasury going up this morning at 4. 20%. 8 basis points. doesn't sound like much, the bond market a big deal. price of oil $78 a barrel. gas is going up and bitcoin at 52,000, we are at 50 one-8 as we speak. important indicator just released, consumer sentiment number. what we have?

jackie:less than expected. expectations for february was 80. that's not going to rattle markets much. here's the context. when inflation peaked in 2,022 this number tumbled to 50. you get a sense of how inflation has an impact on the consumer and how the consumer feels about the economy. now we see signs of the cpi and ppi up, there will be a lag affect for the consumer to do just that. i foresee this number going down a little more as we move forward. stuart: may have hurt the market a little bit. stay with me please. now this. robert hurr will testify before the house judiciary committee, his the special counsel who labeled the president as, quote, an elderly man with poor memory. i predict wall-to-wall hearings live on tv. at issue is whether the president is mentally fit to serve. has 300 page report is filled

with examples of the president's poor memory and halting, confused speech and a reference to the president not being able to remember the date of his son's death. that upset biden. he was near tears that is angry press conference but a new report says it was biden, not hurr who brought it up. it adds way to the view that the transcript of biden's interviews should be released was the white house does not want that, but when hurr is understandable, out. what's the confused, did his condition deteriorated over the years? just as important, why is trump being prosecuted for keeping classified documents when biden is not. the only reason is not charged, that a jury would not convict a well-meaning elderly man with a poor memory. in other words he's guilty but no jury would convict because using cognitive decline. this is the hearing that could sink the president's campaign.

second hour of varney just getting started. david avella joins us, could this hearing under hurr's appearance mark the end of biden's campaign for the presidency? >> the hearing doesn't matter. americans already believe the president is in decline. whether he is or isn't, that's up for a medical doctor to decide. when americans see with their eyes they believe he is in decline and that he's not up to being presidential and being able to take on the job. you see that even in recent focus groups out of michigan where folks who voted for trump in 2016 and voted for biden in 2020 very much question whether biden is up for doing the job for another four years and at

least today say they are leaning towards donald trump. whether we have a hearing or not doesn't matter. it is what people believe and they believe he's in decline. stuart: i think it matters a lot. it may be televised. no reason it shouldn't be televise, some networks would jump on it if his cognitive decline as outlined by the guy who investigated it, that will have huge ratings and a big impact. >> it will have ratings and underscore for folks what they are already be leaving and that is the president's bigger problem, what people believe already -- stuart: the biden team will not release the transcripts. if hurr is testifying and he says this happen and this happened, here it is. >> folks are seeing it with their own eyes, they don't have to have somebody tell them that. no matter what someone says it is what they are seeing before

them. and that will influence their decision far more than a hearing, though it should be -- at we see it? absolutely. what get wall-to-wall coverage? absolutely. it will only underscore for people what they are ready believe. stuart: maybe am making too big deal about but maybe i am. i think will be a sensational hearing on march 12th, that's my opinion. see you again soon. the date is set for trump's criminal trial in new york. what's the date? >> march 25th, trump's lawyers asked for the case to be dismissed, they were denied. this is the, case in new york, there are 70 cases let me you some context, about the money he paid to stormy daniels in 2016, a case about falsifying business records, donald trump made some comment on this, i want you to listen. >> they want to rush it because they want to get it before the

election. they wouldn't have brought this except for the fact that i'm running for president and doing well. they want to keep me nice and busy so i can't campaign so hard. maybe we won't have to campaign so hard because the other side is incompetent. >> look at what is going on in georgia? fani will assent nathan wade and how that is falling apart. they want to try to cut a conviction in new york so they have something before the election they can try to say he did wrong. at the end of the day this man is in court for so many things you lose track of what they are. ashley: very weak. politics and legality. the producer price index harder than expected. market watcher kenny polcari was on the show earlier saying today's numbers mean rate cuts are off the table for the

entire year. you are financial, what do you think? lauren: i thought the market got way ahead of its skis with the rate cuts it was expecting, 5 or 6 for this year. i think that's crazy, this inflation situation is not under control yet, these were the risks we've been warning about on our show. we were giving people the heads up, you can see energy prices increase, food prices go up, shelter remains to be a problem. these are volatile things and the fed has told us they have not solved the problem, they need to get to 2% and at 3. one% on cpi they are still far away, that's the hardest increment to bring down. take the most energy. stuart: are there any cracks appearing in the economy? >> there are cracks in the economy as you see these headlines about layoffs, 1600 jobs at nike was the latest one. i start to look at this and say to myself people are losing

their jobs, 2 million people had to lose their jobs. it's coming like a trickle effect and that is why i think there are risks. the only caveat is you've got a i and technology driving the market a different way disconnected from the fundamentals we are seeing so how that shapes out in a market perspective remains to be seen. stuart: caterpillar at the top of that list. you are looking at the big movers today. start with drop box which is down 8%. lauren: their guidance is worrying investors. they announced first quarter revenue to fall from $627-$630 million. it was below what analysts were hoping for, that stock almost 20% drop today. a huge drop. you have applied materials, second quarter earnings stronger-than-expected on strong demand, ai, jpmorgan analysts saying the company is well-positioned to benefit from

the ai hype for the next several years. they are up almost 7% but there were warnings from competitor intel about demand as we move forward. they make microprocessors that partner with graphics chips. you try to put the pieces of the puzzles together but they don't always make one hundred% so we keep watching it. trade desk is another one raising the price target at keybank, 100 from 84, they like the reported outlook for 2024 and predict further acceleration but this is different than we've seen from a lot of companies warning, that's the other thing when you talk about where we are going from here, a lot of guidance warnings. not here. stuart: the company reports the ceo or sub to get some a call and there's a projection for the future and stock goes down or sometimes it goes straight up. thanks very much. thanks special counsel robert hurr will testify next month.

that committee wants the transcripts as well. south carolina congress on russell fries on the committee. can he get the tapes? can he get the transcripts? i will ask him because he's on next. ♪ by helping those who need it most. we take great pride not just in the job our team does, but in them as people. our people. and while we're in the business of taking care of others... it's important our therapists know that with benefits from principal, they're taken care of too. (♪) during my entire life i have been somewhat of an outdoors person. golf, gardening around here.

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plus, get the new samsung galaxy s24 on us. stuart: on the markets this morning more reading, the nasdaq is down one hundred points and so is the down just rules, here are the stocks which are drag on the dow headed by nike, intel, apple, dow stocks all, and all down. stocks that are dragging down the nasdaq, top of that was,

adobe systems, airbnb down 2.8%, meta is down 2.6%, moderna global founders et cetera et cetera. now this. the white house criticizing the justice department over the comments about biden's memory and the hurr report. the department of justice defend itself. what are they saying? >> reporter: officials here are really steamed at the attorney general merrick garland, they got wind of how critical the special counsel report was going to be, specifically about president biden's memory before it went public and they wrote, the topline enforcement official in the country to say the criticism of president biden mirrors one of the most widely recognized examples in recent history of prosecutor chrism of uncharged conduct making denigrating statement about president biden's memory which violates long-standing doj practice and policy.

the doj wrote back the context in which this information is used in the report makes it appropriate under department policy and special counsel regulations. the identified language is neither gratuitous nor unduly prejudicial because it's not offered to criticize or demean the president, rather it is to explain the special counsel's conclusions about the president's state of mind in possession and retaining classified information and then there's this. white house special counsel, his office took the unusual step yesterday of sending a memo critical of biden document news coverage to an internal list serve being used by reporters on the white house correspondents association and correspondents association president kelly o'donnell from nbc is blowing them up with this. it is inappropriate for the white house utilize internal distribution channels primarily for logistics and rep sharing it needs no information to

disseminate critiques of news coverage, we will not distribute them going forward and kelly's jacket is white house officials who have a problem with a reporter or editor can reach out to them directly and it happens. stuart: sounds like panic stations to me. that's my opinion, the weight seems to me. peter doocy at the white house, thank you. house judiciary committee member congressman russell fry joins me now. robert hurr testifies march 12th your cody. will you get the tapes and transcripts? >> three committees in the house have requested those transcripts, no word yet, they've acknowledged receipt of that. this to me is pretty easy. if there's a conclusion on the investigation we often get the delay tactic that this is an open investigation and if there is no delay because there is no more investigation it should be pretty easy i would think to get these tapes and transcripts. stuart: apart from that if you

get hurr understand you can ask anything about the transcript and the 5 hours and if interviews you did with then vice president biden. if he takes the stand you've got all the information you need. what do you ask him? >> to me my frustration with the report is there were no charges. we've seen very different levels of application of justice depending on who you are, donald trump's home and mar-a-lago was rated, president biden let off scott free, what were the decision-making processes and i want to delve into the mental faculties of the president. of that was raised in a special counsel's report what led him to believe that? stuart: he did several interviews over a period of years and the suggestion that his mental condition obviously declined significantly and that period of years. it just occurs to me this whole thing is not going to go away

and hurr brings it front and center all over again. >> i think so. democrats up in gas lighting this for a long time saying he's never been sharper. the american people can see they don't need a medical degree, they can see diminished capacity so we want to explore that. stuart: let's talk border. the congressman, the white house wants money to apply to the border but republicans want a change in policy first. looks like a standoff at the moment. >> obviously the senate bill seems doomed, house republicans are the only body bent on fixing the crisis. if you're bleeding out you don't take a shower. we need to stop the illegal immigration. this administration has taken 50 actions contrary to border security and we are seeing results play out in real time. they can do this now. there's legislative fixes we

should do and pursuing hr 2 but this administration is very capable of doing the job of securing the border and they want to. stuart: do you think the administration will take exec of action on the border? nbc suggests they are thinking about it because they can't do much else but internally opposition in the democrats, they could do something just to steal the funder. >> may be. we are hearing from democrats, independents, republicans about the crisis at the southern border. one of the top issues heading into this election season. if they take executive action we will put back policies that work. remain in mexico, get rid of these things they are doing, that's the frustration we have. we know what they've done to eradicate true border security, put it back, it was secure a few years ago. stuart: thank you for being with us, always appreciate it, see you again soon.

cutting mayorkas's salary unless he does one thing. pretty sure i know what that is but tell us what is that one thing. ashley: he's got to meet a deadline for dhs to release the number of monthly border encounters or he would have his salary cut. border encounters have hit record highs which we talk about that almost daily but dhs has routinely failed to release the data on time sometimes keeping it secret for up to three weeks before dumping them on friday or saturday when they are less likely to be reported in the media. the bill has been introduced by the republican from oklahoma. it would require the agency to release monthly border encounter numbers within 7 days of the end of the the month, if not mayorkas's salary gets reduced 25% the following month. mr. mayorkas currently makes a salary of $203,500 a year.

so he would lose more, every month, he would lose more than $50,000. that incentive. stuart: a watchdog group found issues with unaccompanied migrant children. sponsors are not being properly vetted. that is not good. jackie:that is why it is sad to see unaccompanied minors coming across the border. this is a communitarian crisis and it is epic, 300,000 children have come across alone over the course of the last three years, 2 thirds of them are from guatemala or honduras. the problem is they don't have language skills, they can't advocate for themselves so they are placed with families who take them in and the office of refugee resettlement is supposed to do checks to make sure these are good places for these kids to go. when you've got repeat people saying sent me these kids you have to wonder why and they are not doing those checks.

either using them, to work them in sweatshops and do different things like with nefarious intentions so they found these checks were not happening and it makes you kind of cringe and they say they are trying to solve a problem at the border, they are making the problem worse. stuart: where is aoc arriving at the border in a white suit crying as kids were coming across. thanks. coming up. detained russian opposition leader no volley is dead. he passed away in prison at his home. court room drama. heated testimony, roll it. >> i didn't give him money and a contract. they lie. i am not on trial no matter harder -- no matter how hard you put me on trial. >> time to be removed from the trump case? doug summary next on that.

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stuart: it is friday morning get, we are going into a 3-day weekend, markets closed on monday and i see reading, dow is down a hundred points, nasdaq down one hundred 20 one. show me big tech please. not good. all of them down. microsoft, apple is on, apple, out about all down. jackie is looking at some of those. start with coin base. jackie: you will see green on your screen, they are confident that a bitcoin etf is going to be approved in the us, the company reported earnings and they surpassed analysts forecasts for earnings and revenue. they see significant growth and there are some etfs on the street, the first profit in two years is substantial so you see etfs coming to the market having an impact not only on the price of bitcoin and underlying assets themselves but also on the farms that are tied to them. the next is nike, bad news

story, they are cutting nearly 2% of their workforce, they are looking at reduced costs and that's one way to do it, lay people off, the company is predicting slowing demand and softer sales in the second half of this year so that stock is down 3.5%. stuart: a strong list of big-name companies cutting staff. big tech, nike, the whole ball of wax. jackie: part of this on my show yesterday about migrants coming in, displacing americans and taking their jobs away. jobs for us workers are down 0.1%, they are up 10% for the migrant population and they are calling it non-us, let's call it that. you see white-collar jobs going away too. american workers. stuart: politically that is hugely important. the democrat base is the working people of america. jackie: a consequent of the border and policy. b1 digital realty trust.

jackie: their forecast missed expectations. scotia bank downloaded them to outperform to sector perform. that's the new rating while maintaining $157 price target so that is higher than where we are but almost 7%. stuart: thanks very much indeed. today is the second day in fani willis's misconduct hearing, msnbc says it is getting ugly. roll tape. >> prosecutors have a higher obligation. it is not personal. it's not egotistical. it is not about you. it is about the office and the pursuit of justice. it might be appropriate to consider removing herself from this case now and turning the reins over to a senior official and district attorney's office, let him or her handle it. this is getting ugly and it's getting messy and it's not going to get better.

stuart: pretty strong stuff. douglas murray is with me this morning, you think fans about i will is should be removed from the case and if so what would be the impact of that? >> the impact is something we already see, which is the extraordinary politicization of american justice these days. there is something deeply concerning whichever side of the aisle you are and that increasingly we see justice not as blind, blindfold over it but intensely political. every thing in the justice system, the supreme court down is now seen understandably by the american people as politics by other means and this has an incredibly eroding effect on public trust of a public trust in the judiciary, judicial process, the idea of blind justice. i think every single time one

of these cases come up and they come up most weeks at the moment whether it is cases against donald trump or any others. all of them end up eroding the central idea that the legal process should be effectively blind. more and more people see it otherwise. stuart: you have a new op-ed. i am quoting. shameful biden tries to reward hamas terror with a palestinian state. you used the word shameful to describe our president. that's a strong word. >> not just the american president, the foreign minister of the united kingdom, by blinken and biden, that float the return of the 2 state

solution claim. and push it on the israeli government. as i say in the new york post, it is a wild misunderstanding. on october 8th, antony blinken gave an interview where he said now was the time to double down on the 2 state solution. on september 12, 2001, one of america's allies saying in the aftermath of 9/11 it shows america really should give al qaeda a state. this isn't how you treat and ally. everybody in israel where i am at the moment, from left center and right believe whoever whether or not the 2 state solution with palestinians given another state, whether or not there is something viable in the long term in the current moment is the long time to talk about it, to give the palestinians another state at

the moment would not just allow the creation of another failed arab state or terrorist state but it would be read in the region to october 7th. in other words do a massive massacre, the biggest massacre in israeli history against the citizens of israel and you get another state and that state you can be sure as anything would be just what gaza wants. if citizens of the west bank got a vote tomorrow all polls show they would vote in the west bank, you have another terrorist state. the idea that antony blinken, president biden, lord cameron and others are pushing this on their israeli allies is, i think, a disgrace. stuart: and shameful perhaps. thanks for joining us. always a pleasure. the russian opposition leader alexei novali has died in

prison. do we know what happened? >> reporter: scission the wretch prison officials say he collapsed after a walk and medical responders could not resuscitate him. his wife spoke out hours after finding out about her husband's just saying at this point it's difficult to believe these facts given there's been no proof at this point but we have footage. this was the last time that he was seen, the 47-year-old, breaking news, dying in prison, fierce critic of vladimir putin was seen as russia's most significant opposition leader. reaction is pouring in from leaders around the world, the french foreign minister responded saying, quote, is death in a prison colony reminds us of the reality of russian president vladimir putin's regime. nato secretary called for russia to answer very serious questions after nato has repeatedly called for noaly's

release. >> translator: it is obvious that he was killed by russian president vladimir putin. thousands of others, tormented and tortured because of this. putin doesn't care who dies, only for him to hold his position. >> reporter: novalny was a critic against corruption who led anti-kremlin demonstrations. vladimir putin is up for reelection next month. he's been behind bars since 2021 serving a decade-long sentence, considered politically motivated it was last year his sentence was extended for another 19 years behind bars. that is when he was moved to this penal colony that was largely seen as one of the toughest russian jails. ashley: thanks. now this. new polling shows more

americans looking for plan b. many don't believe president biden can serve another five years. we have the story. biden's student loan bailout is back. administration trying to cancel more debt despite the supreme court striking down his previous plan. how are they getting around this? brady trimble reports after this. ♪ fresh, warm hot dogs! when i'm not selling hot dogs, i invest in a fund that advances innovations like robotics. fresh, warm hot dogs, straight out of my torso! one for you, one for you. oh, you're a messy one. cool, right? so cool.

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oh, great! she's in the ballroom. the big one. i'm coming up! vacations are better with the credit gods are on your side. rewards once available to the few are now accessible to the many. earn points for travel with credit one bank, and live large. stuart: the dow is down 72, 73, nasdaq down 72. a little bit of red ink. a new poll shows how many voters think biden will not be the democrat nominee in november. what's the number? ashley: nearly half of american voters think it is somewhat

likely biden will be replaced as the democrat nominee because of his health while a third believe donald trump could lose the republican nomination because of his legal troubles. the survey by monmouth university shows the special counsel did not shift public opinion on whether he mishandled classified documents. however it did reinforce worries over biden's physical and/or mental health. the poll shows 51% of voters were confident in the mental capacity and physical stamina of trump to lead the country. 2% were able to say the same for biden. one last finding, significant portions of voters in this survey said it's possible one or both of the front runners could be replaced before november. stuart: why am i not surprised? the administration is proposing a new student loan bailout. the supreme court struck down biden's plan, how are they getting around it?

>> reporter: the latest avenue the white house is explored would cancel student loan debt for people who, in the words of the administration are experiencing financial hardship or otherwise wouldn't be able to pay off their student loan debt. the proposal doesn't specify who or how many americans would qualify but here are some of the factors, total debt balance, household income, history of loan repayments, and whether borrowers have received pell grants. >> he wants to make sure we give americans more breathing room. that's important to this president. we understand what student loans do, it crushes families, crèches americans. it is an issue americans care about and we are not going to stop. >> reporter: the white house insists plan b will hold up in court unlike its last attempt to cancel that.

it says this about the new one. president biden's lawless actions made a mockery of the separation of powers and set a dangerous precedent that consolidates more power in the executive branch. college students themselves are the biggest losers of biden's college debt forgiveness workarounds because colleges are given a blank check to continue overcharging and saddling them with debt. this latest proposal is one of several pieces the biden administration is proposing to cancel student loan debt after the supreme court decision last year. another one which is an income driven repayment program according to the congressional budget office, could cost taxpayers one hundred billion dollars so this comes at a massive cost that benefits only those who have student loan debt.

stuart: my opinion this is just vote buying. jackie: if it looks like a duck and walks like a duck it is. they tried every single way they possibly can think of to make this happen. i'm glad it's being legally challenged because grady makes a point that biden does not have the authority to use exec of powers for things like this but financial hardship. everyone has financial hardship because of his policies and the inflation it created and look at your in command also total debt. if you racked up debt because of spending on credit cards and all kinds of things being an irresponsible person, that means all of a sudden your student loans should be forgiven and i the taxpayer and you the taxpayer have to pay for it, i think not. stuart: welcome to the show. republicans slim majority in the house just shrunk after tom swayze defeated -- lee zeldin deals with that next.

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stuart: five of the migrants arrested in connection with the cops in times square expected to appear in court today. out and brag has faced intense scrutiny over his decision to release the suspects without bail. cb cotton in new york city with the latest. what can we expect today? >> a busy morning in the manhattan courthouse behind me. the suspect started the initial brawl, has arrived for his arraignment after posting a bail, two other suspects, out without bail are scheduled to her rain today.

the suspects who were in custody have now been linked by ice to a violent venezuelan gaining. in connection to a pair of immigration warrants. ice telling fox noncitizens have been identified as members of the transnational, organization. sources tell us new york city officers were warned they are expanding ranks in the city. the tattoos were shared as possible signs of alliance with the gang. the group got its start in a venezuelan prison. he fears acts of violence in the states are just beginning. >> specifically for larger cities they know they can be of service and for drug trafficking, money laundering, extortion this and other things.

>> reporter: listen to this. law enforcement in chicago, miami and new york have linked members to crimes in their city. the fbi says that is actively sharing intelligence on this gang. stuart: former new york congressman leah zeldin is here with me. how come the republicans lost with all this turmoil of immigration all around us. lee:tom swazi went into the race with more name id, knows how to be whatever his pollsters tell him to be. the snowstorm hit says of the lesson wasn't learned in 2022. we had a senate race, boycott in person early voting and the

snowstorm, most of the day is crushed by the third congressional district, snowstorm that impacts get out the vote efforts. a lot to talk about with this particular race. stuart: should maisie have used trump? lee:is as as special election, people are not used to voting in a special election your supporters are going to include those who support donald trump so you have to send a message to them to give them the reason to come out on a snowy february day and the on the way to do that is messaging directly to them and the reality is donald trump is going to be the nominee. he will be the candidate against president biden. there are a lot of republican voters in the district. stuart: trump likes you, doesn't he? would he take us is vice president?

>> we will see what the future holds. this is my preference for donald trump in picking vice president, i support whoever it is he thinks will be the best person, same thing with his cabinet position. i was critical of the process in 2016, i think he lost time, bad people got appointed to positions, lost opportunity. executive orders on day one, have to be ready. you don't want to jinx it, focus on the nomination in general election, have to be as prepared as possible. what i'm seeing with efforts behind-the-scenes, he will be the most prepared president because of the transition efforts i am seeing underway with people in his cabinet figuring out what needs to be

done to make recommendations. we can't afford to waste time. stuart: if you had been governor of new york state how would you deal with the migrant crisis? lee:end the sanctuary city policies. stop encouraging people to come here illegally and call on president biden to take action to secure the southern border. president biden had the power to open the border, that proves he has the power to close it. stuart: what your next move? lee:my they let me to hang out with stuart varney on set. stuart: what a pleasure. jackie: you love your flattery. we are sure to catch you on "the big money show". still ahead, the sectarian state, visiting east palestine after the toxic train derailment.

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