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ashley: nothing like david bowie, people going about their businesses this tuesday morning. it is 10:00 eastern. i'm ashley webster in today for stuart varney. straight to your money. the 10 year treasury yield, the markets have been on the upside. despite a hotter than expected inflation number. the treasury yield on the 10 year is higher up 5 basis points at 4.14%. let's look at the price of oil, energy prices add to the inflation problem, and of course we keep an eye on the absolute tearing that was down slightly at the beginning of

the session down $429, $72,266. robert her is about to testify on his investigation into president biden's handling of classified documents. he's coming as a private citizen. what do you want to hear from robert hur today? >> does he think that president biden was faking it or that he was that mentally incompetent. if he's faking it, that's one thing, president biden who delivered the state of the union the other night which may have been pretty medicated is not the person you see in these

interviews. basically out to lunch, doesn't remember being vice president, doesn't remember how the secret documents got around. generally this pleasant old man who came from a fishing trip and wondered what these people were talking about. that is the real biden in which case as commander-in-chief, is he faking it? you have a different set of problems. ashley: he did describe him as a well-meaning elderly man with memory problems, the white house pushed back on that, this is a completely partisan report but when someone keeps saying i don't remember what else do you say?

>> if you look at biden not sure what was going on, not sure who was in charge, not able to figure out where his staff was, that is sort of the biden that hur is reporting on. the other story i hope republicans will bring out of hur, president biden was mishandling secrets while he was a senator and while he was vice president at after he left the vice presidency. he has something like 15 or 20 year period of mishandling secrets which he mishandled them so badly if you believe the interviews, didn't know where they were, he was surprised there were boxes of him next to his corvette and they kept finding them in different buildings, offices, amazing how many things were scattered around. hillary clinton had illuminated 32,000 emails, president biden

had over a decade so it would be helpful to understand what's the case against donald trump. he knew what he was doing, they were all under lock and key at mar-a-lago, he was less guilty than hillary clinton or president biden and i would be curious if somebody asked her why the one person they are prosecuting is the republican nominee. ashley: double standard comes to mind, i can see hur sitting down as this is about to get underway but i wanted to move on, mister speaker about this issue, president biden addressing his thinking paul numbers. >> president biden: none of the polling matters much now. polling is kind of changed a lot, not as accurate, not as capable as it was before because there are calls to get one person on their cell phone etc. .

ashley: if he was ahead in the polls we wouldn't be hearing this. >> sure but you have to remember we are not talking about being off by one or 2 or 3 points, the new york times paul said he's the most unpopular president in the history of polling. i was shocked, chief analyst of the new york times said the reason biden is doing badly is people don't like him. that's a straightforward issue and when you have every single pole show biden losing on performance about immigration, the economy, crime, go down the list. more than just polls, the national senate building, that biden is a failure and his failures are crossing all of us in our own lives. neil: they can't all be wrong.

thank you for taking the time to talk with us today. intelligence agencies warning about potential threats the us faces from our fragile world order. what does that mean? lauren: we are facing threats from russia, and they are recently aligned, they are warning china has a head start because of their ownership of tiktok and there's john kerry who is starting to work on the biden campaign. he says russia is already intervening in our elections. >> if you lose the truth, the decisionmaking up aspirations in the country you've lost democracy. you have to have truth, we don't have the same arbiters,

the same referees, lauren: he called on the media to help the american people weed out what's true and what's false but i love how he speaks about certain media. my thoughts exactly. ashley: interesting. to the consumer price index, coming in hotter than expected, 3.2% on an annual rate year over year, scott shalladdy, it's a long way from the fed's 2% target, is it not? >> very long way. and it's going to be very sticky. if you believe the labor numbers and the fed does believe the neighbor numbers, labor has been a sticky part of the problem and energy is another sticky part of the problem so than up as we got

today, i am perplexed because i don't see, if this continues to be the case and things can change but i think it will be very difficult for the fed to cut rates even once and if they do it could be seen to be political, not because the numbers warranted it. this is not a number they wanted to see or anybody wanted to see rates cut. this will present a problem. of the deflator we got last week, these things are stacking up against the fed. i did a radio show this morning. phil flynn talking about oil, he expected oil to go up to $90 a barrel. it's going to be another problem if that's the case. and that's getting smaller above the day.

julie: have lots to say about it. president biden laying out sweeping new federal spending that includes tax hikes for corporations and the wealthy, corporate tax rate at 28% from 20 one oh one% surcharge on corporate stock buybacks. in other words laser focused on the wealthiest one%. what do you make of this, the same old story but seems misguided to me. >> it is because it's the same old story, they are going to go after the wealthy, do the pay your fair share, no one knows what your fair share is, just a nice thing to say, they want a river give you a number, a lot of problem with spending, consumers have a problem with spending, so does congress and that's the problem. when they tout things like we

are going to cut $3 trillion, not quite the case. instead of spending 17, we will spend 14, that is what it is saying. i said to you in my notes it is all about the messaging at the messaging is not really there. if i told you i gained $5 a month last year for a total of 60 pounds, this year, gained only 2.5 towns that is pounds a month, am i getting thinner? no. that's what i'm trying to tell you about these budget numbers. sleight-of-hand is very unfair, we don't have time to go through at all. and and the left wants to spend a lot more than the right, and i don't think it will go anywhere.

stuart: come back, thank you so much, come back in here. looking at the movers, let's begin with 3m up 5%. lauren: bill brown, good track record when he was ceo over the defense giant, now 3m needs some help, they face legal liabilities for water pollution and alleged faulty military earplugs. ashley: daniel midland, what's going on? ashley: up 4.5%, some of their past financial statements, the department of justice subpoenaed their employees and our investigation into the auditing. the fact they restated some of those financial statements, coming clear, what exactly what is happening, investors like it. ashley: holdings. lauren: on holdings.

and that huge fan, they say on the side, you've seen them. ashley: not many people buying them. ashley: the faa performed the 6-week audit of the production of boeing's 737 max jets. what did they do they find? ashley: according to the new york times, boeing get failed 33 to 89 tests. boeing suppliers, spirit aerosystems, they use the hotel key card, to check the seal on

the door and use liquid don to lubricate it. the faa said this is appropriate and spirit told the paper we are reviewing all identified nonconformities for corrective action. talk about makeshift, these are the planes we fly on separately. this is strange and this is sad. john barnett, retired 32 year veteran of boeing turned whistleblower was found dead from alleged self-inflicted wound according to they see in his truck, a parking lot of hotel, after he did not show up for part of his testimony in a lawsuit against boeing. boeing says they are saddened by his passing. ashley: a strange develop and indeed. thank you very much. tiktok's ceo meeting with senators ahead of the vote to ban the platform.

the bill opposed by donald trump says it will and power meta, roger marshall, christopher wray says he's very concerned, on the southern border to get into the us, he says the network placed isis. garrett tenney will have the full report from the border next. (♪) (♪) (♪) (♪)

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ashley: fbi director christopher wray warning about a host of threats that emanate from the us southern border

including those got aways who vanished into the us since president biden took office. garrett tenney and eagle pass, texas. how many known got aways were there this past weekend? >> reporter: 2000. yesterday there were another 700 known got aways across the southern border. border officials long said these got aways who come across the border you knew nothing about, those individuals, the security issues that keep them up at night. christopher wray echoed that yesterday on capitol hill. >> the national security ramifications of the issues at the border better reflected by what we don't know than the people who snuck in that goes to your point numbers are important but don't tell the whole story. takes a few people, responsible for a lot of harm.

>> reporter: one group that almost got away in tenney co. county, 50 miles north of us, 7 people made a break from it the deputies pulled a suspected smuggler, the whole group from mexico arranged from 20 to 30 years old, the sheriff tells us he has seen an uptick in the smuggling incidents like this since the wires went up in eagle pass, really highlighting those concerns about the got aways who are crossing the border the we knew nothing about, what we do know is 73,000 people with criminal records were trying to cross the border last year, one hundred 69 people were on the terror watch list, so far this year border agents of stopped 58 people on the terror watch list trying to come into the country across the southern border. ashley: scary, isn't it. thank you very much, house lawmakers passed the capitol -- laken riley act, requiring ice agents to detain migrants who are charged with theft or burglary. this is an interesting story.

i want to bring in the senator, thank you for joining us today. we appreciate it. to me it seems like a no-brainer. are you going to take this up in the senate? >> absolutely. the plan is to bring it to the senate floor on thursday, we ask unanimous consent, how many people have to die because of illegal aliens in this country. like you said, if an illegal alien commit any crime, they need to be tamed by ice and shipped out of the country as soon as possible but they have to be detained, this never would have happened to laken riley if they had followed this process of containing an illegal migrant. we have on the floor on thursday morning. ashley: i want you to explain it, you introduced a new bill

to block airlines from allowing migrants to fly this controversial cbp one apps at reagan national airport. how does the apps work, and why do you want to block it? >> over a thousand people every day using the apps to come into this nation and tsa agents are allowing that application form for their identification, i feel like these people have not been properly vetted and to get them on an airplane with other americans as a threat to american safety and simply what we do, airlines continue to do that, we would block them from using dca reagan airport for any flights as well so trying to protect americans national security as they get on these airplanes with illegal aliens. ashley: the ceo of tiktok on

capitol hill meeting with lawmakers this week, donald trump opposed the bill to ban the platform. he says it will and power meta and we heard this come in the online video platform company rumble has often -- offered to purchase tiktok. where do you stand on this issue? >> tiktok should be banned. it is a national security issue. americans think the best of people but we can't trust the cpp -- ccp. this is one more arm of their war on america. tiktok functions as a data collection for their military. the espionage unit, use it as propaganda to poison youth and young adults, artificial intelligence algorithms that pollute and destroy our young adults mind so it should be banned. this is a national security threat.

ashley: we hear that a lot but do people take it seriously enough? >> we underestimate what china is doing. they make 90%, steel $500 billion of intellectual property every day. cybersecurity, collecting the dna of every plant, animal, and human in the world, this can and will be used against americans. we want to he the best of other people but in this case we can't, my number one job is provide for the safety and security of you and your families and that is why tiktok needs to be banned. ashley: thank you for that, senator roger marshall. thank you for joining us today and getting us up to speed. we appreciate it. i want to take a look at this op-ed. it says my professor failed me because i didn't embrace diversity, equity, and inclusion. the student that wrote that is on the show.

the senate d debating whether college athletes get paid for their name, image, and likeness. the report from capitol hill next. ♪

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ashley: let's look at the markets, open for just an hour now. it is 1/2 of 1%. up 150 points, cpr, measure of consumer tougher than expected. you've been looking at other movers. let's begin with a familiar name. nvidia. ashley: got to look at it with oracle. they are connected. nvidia chips, grabbing market share in cloud computing with nvidia and you can expect more joint announcements at a major

nvidia conference. ashley: that the medical company, the drug company. ashley: up 2%, the fda has said that they treat overweight or obese patients who are at risk for cardiovascular events that could lead to medicare coverage. they increase their price target to 150, ashley: those things are expensive. what's going on with walgreens? ashley: they settled charges by new york attorney general leticia james, mostly inflated prices on 20 infant formulas led to the nationwide shortage two years ago. stock is down 1.4%.

ashley: it is behind them now. senator ted cruz hosting a roundtable to dissipate college athletes getting paid for their image and likeness. give me the latest from the roundtable. what's the mood right now? >> reporter: you don't need to make millions from an il, the longhorns first year quarterback appeared in two games last season, $1.2 million more than the starting q.v. . dartmouth's men's basketball team voted to unionize, senator ted cruz says these laws are inconsistent between states. here's what he said moments ago. >> young men and young women have worked think readily hard to develop fantastic skills

that in turn can generate in rs economic activity, entitled to enjoy the fruits of their labor, should be entitled to benefits. we need a system, fair competition. >> one power, 5 conference commissioners, some of these top earners in alabama's athletic director, one of the most prominent guests is former alabama football head coach nick sabin. upon his retirement in january he pointed to this changing landscape as the reason for his departure saying i thought we could have a helluva team next year and 70 or 80% of the players you talk to only want to know two things, what assurances do i have that i'm going to play because they are thinking of transferring and how much do you pay me? on top of all of this, class-action lawsuit filed in november could give these college athletes broadcasting rights.

there have been seven bill to regulate the legislative session. ashley: good report, thank you very much. the next guest claims her professor failed her because she didn't embrace they i, says women must fight to exist. a junior at the university of cincinnati, she wrote that article and joins me now. great to have you here. let's begin with what exactly happened? >> i had to take her diversity, equity, and inclusion required course at the university of cincinnati and i was completing a project in which i was failed for using the term biological women, i was told was transferred against contributor to hetero normative at a even though i had good work and since then i have received hundreds of messages from students saying this is happening to me at my school or

i am afraid to access my opinion. i am an ambassador at the riley gains center and we help students across the country for fighting issues like this and trying to stop women from becoming history. ashley: did you try to fight for your grade? >> i've been in contact with the deans of the school for two weeks until it was changed. my professor -- i have spoken up about it on social media especially because of the messages i received. 65% of students feeling campuses their free speech and opinions are being suppressed in case they offend someone else on campus. ashley: you say people oppose this movement have been canceled, penalized and attacked. is that the state of affairs? >> students are being failed,

women being forced to dress and undress in front of men, being forced to be in a sorority with a man who is peeping on them and they can't kick him out because that's trans phobic, no one else speaking up about it. ashley: we are glad to that you are. thank you for sharing your experience with us and we wish you the best of luck. some universities are bringing back mandatory sat scores. which schools are we talking about? lauren: what an about face, brown, university of texas, austin, the latest which let's add in purdue, mit, dartmouth, yale, georgetown and others. many universities made the sat optional during covid. they wanted to make the admissions process more fair under the assumption certain applicants were better equipped for the test because they could

afford them. this is what they said specifically. ut says we looked at the students that did not submit their scores because it was optional and they are not faring as well in school, isn't that a no-brainer? not saying the sat is the end all be all to get to a good school. but included as part of a larger package that looks at how you did in school, extracurriculars and even include your circumstances. ashley: preaching to the choir. interesting story. now this. deadspin sold to a european startup, the entire staff was fired without notice. we have that story. consumer price index coming in harder than expected, 3.2% the last 12 months. brian brenberg will tell us which areas are getting hit the hardest by inflation. it's coming up next. ♪

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ashley: the markets going for an hour, the dow up 240 points, the s&p and nasdaq on the upside. back to this. the consumer price index coming in harder than expected. brian brenberg joins me now. take us through where inflation has been. brian: you heard the president say he inherited an economy on the brink. we got great progress on inflation. let's look at where we were and

where we are now. start with your primary residence where the are renting your house or owning your home, your 20% since biden took office. that fica mortgage payment that goes up $700 a month so we are talking real money. any money left over to eat away your cost to eat out, 20 one%, took the family out for lunch this weekend, trying to figure out which kid ordered caviar. how did the bill get so high? it up 21% so whether you are out or at home you're paying a lot now. say you want to make yourself a chicken sandwich, your chicken costs are up 21%, 26%, even worse than that since biden took office, bread costs are up 30% since biden took office and that's the kind of food you are

eating but those with a sweet tooth, let's talk sugar and butter, sugar costs up 34%, butter up 27%. you are probably cutting down on that but some of us aren't and makes life less fun when you've got to pay so much for that. is the point. the president can't seem to convince people things have gotten better, though he think the date is on his side. when you look at the data you get why people say life is so unaffordable, they don't have confidence in what the president is doing on the economy right now. ashley: your absolutely right. i hear everywhere you go but you are clearly misinformed on my economic situation. stay right there. president biden trying to convince people his policies have benefits. come back in here. what exactly is he saying? lauren: be patient, you will see the benefits of my policies

in time. watch. >> president biden: people have really been banged around for a while now. without of the delegation, that's not hyperbole, that's a factor. we got things passed, no one thought we would get past. everything from infrastructure bill to veterans bills, all the stuff we've got to pass and much without a single republican vote. not one. we knew it would take time to see the benefits. it is a big country and there's a lot. lauren: without republican votes, many republicans don't want to sign on to these big spending plans that create inflation and keep prices high. ashley: it goes around and around. americans treating their

401(k)s like cash machines. lauren: vanguard says 3.6% of participants have taken early withdrawals, 3.6% highest ever. 40% of them taking out money to avoid foreclosing on their homes. so many of us, more than ever have 401(k) because you are automatically enrolled when you get a job. we have access to this money, we are increasingly tapping those funds because we need the money. the irs have relaxed some penalties around early withdrawals. maybe they'll laminate the 10% fee that you would take for taking the money out before you are 59 years old. people take a loan without the 10% fee, same for medical emergencies and the like.

you need approval, documentation but with all this money sitting in the 401(k) plan and americans not having what they need now, using it like an atm. ashley: brian brenberg, a good idea? brian: of the fact that people are having to do that easier than it used to be but needing to borrow from their retirement to pay for bread and chicken and eggs is the problem. they are so real, prices aren't going down, 401(k) balances make up for it. ashley: not a good idea. fantastic stuff, see you at 1:00 pm on "the big money show". the fire department scalding firefighters who food new york attorney general leticia james. we will take that our next.

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ashley: it is 10:51 on the east coast. brian kilmeade joins us. he's on television and radio and today doing both at the same time. last week when new york attorney general leticia james was booed at that event. >> oh, come on, we are in a house of god. first, simmer down. i want to thank commissioner cavanagh and chief hodgins for that recognition. ashley: you can hear them chanting trump trump trump in the background. the fdny is scalding those 5. when you are not on duty, feel however you want about politicians, protest, that is your right, but don't do it on the job's time. what is your thought on that?

brian: going into the background of this, not a firefighter but i respect what they do. i know this. on these promotional ceremonies it is usually raucous in a carnival like atmosphere. that touts described in the past. if they were chanting biden biden biden it might have been a different reaction. number 2, she comes out because she was invited to do it. if she didn't go out on the camera and just -- trump top, unintended, to bankrupt him multiple times and turned him on twitter, you better expect this type of repercussions if you go to an area that doesn't support those antics. ashley webster, if you went to a public event to watch president biden give a speech, adam schiff to give a speech, pro-hamas protesters, i watched

a bunch of celebrities get stopped by a bunch of protesters, that happens when you're a public figure, when you're front and center and not expect if you go in front of a crowd in and unscrewed did situation, to act out, there's plenty of jobs at a private law firm. ashley: if you dish it out you have to take it. donald trump's lawyers filed a motion to delay his hush money trial until after the supreme court rules on presidential immunity. the trial set to begin on march 25th. do you 25. do you think it will be delayed? brian: because it is new york, no. and michael cohen and stormy daniels, their testimony tossed out because they were thought to have lied in the past. this is the time to get started

in a couple weeks. it's always a risk. i get it but if you look at this case, from what we know, you thought a 9-0 supreme court decision was momentum for the former president, if he could go and stared down out and brag, his attorneys are up for this challenge, he has got a lot going on including statute of limitations, this is a case he can win and a time you want it, before you need to be on the campaign trail. ashley: deadspin, to a european startup. it comes months after they were forced to apologize for wrongfully accusing the kansas city chiefs fan of wearing black face. it has been a rough time for deadspin but they put themselves in the hot seat.

brian: deadspin was an ng organization for a few years, extremely funny, seems to have lost that edge. my question to you, you are the business guy, if you purchase deadspin don't you want people with the attitude and the writers, are you buying a mask or the office space? if you fired everybody you get for followers and subscribers, i don't know many people to go what is deadspin before i start my day, this european company thinks it's best to fire everybody, probably some great people have to wonder where their next paycheck is coming from. what did they say prior to the sale? did they promise to keep them in their jobs? that's the key to the story. ashley: very much. terrific stuff as always. thank you. appreciate it. still ahead. texas congressman on robert hur defending his report that he

called the president and elderly man with a poor memory. jimmy faila on whether he was allowed to take questions before clicking the press out and how the housing market is improving. the 11:00 hour of "varney and company" is next. ♪ okay y'all we got ten orders coming in... big orders! starting a business is never easy, but starting it eight months pregnant... that's a different story. i couldn't slow down. we were starting a business from the ground up. people were showing up left and right. and so did our business needs the chase ink card made it easy. when you go for something big like this, your kids see that. and they believe they can do the same. earn unlimited 1.5% cash back on every purchase with the chase ink business unlimited card. make more of what's yours. ♪ ♪ next.

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