maria: welcome back. we are 30 minutes away from the opening bell. check markets here h dow industrial ares up 2323 points right -- 232 point e points at the moment final thoughts, cheryl casone, mike baker, mark tepper, great to have you this morning. >> thank you. >> more earnings this week, maria, we'll keep on 'em. maria: thanking -- thanks, everybody. "varney & company" ticks it up. stu, take it away. stuart: good morning, everyone.

it was outrageous. treasured be consequences. anti-us trial protesters blocked traffic in cities across the country. it was deliberate disruption, it was coordinated. there were shouts of to america, the stars and stripes burn. ing a young man waved a hezbollah flag in america. nothing from the president, nothing from leading democrats, but senator marsha blackburn will introduce a bill to make the deliberate blocking of highways a federal climb. a good thing too. crime. in israel the military chief says we have no choice but to real kuwait for iran's weekend aback -- retaliationuate. there are some reports some form of retaliation is imminent. no serious bounceback after monday's selling. the dow should open with a solid gain around 200 points helped where solid results from unitedhealth. the s&p, the nasdaq much higher or but that's not much of a gain after yesterday's very big losses. bitcoin continues to fall. the so-called halving takes place this week, but it's not

rescuing bitcoin. will $63,000 right now. oil staying around the mid $80 a barrel range despite all the talk eau of retaliatory action by israel. gasp up 1 cent, $3.64. diesel up 1 cent, $4.04. gold below $2,400 an ounce, 2,391, to be precise. politics. the president starts a campaign tour through pennsylvania today. that is a swing state, so it'll get a lot of attention. biden will talk about taxes. the former prime minister of britain, liz trues, has some advice for donald trump -- liz truss. she says watch out for the deep state. she believes the bureaucrats in government are taking power for themselves, denying the will of elected officials. on the hoe today, the intense debate about time off work when you're grieving for a pet. we will play both sides. caitlin clark of the wn if ba draft, she gets a 4-year

contract with indiana that totals only $338 thousand. i thought it would be a lot more. one last one. to olympic torch was lit in greece this morning. the flame will make its way to paris where the olympics start on july the 26th. that's not that far away on this tuesday, april 16th, 2024. "varney & company" is about to begin. ♪ ♪ stuart: all right. we're start out this morning with the latest from from the mideast. israel's war cabinet met for a second day to discuss a response to iran's drone and missile attack over the weekend. lauren, what's the latest? lauren: they're going to meet for a third day today to determine israel's ponce to that attack by iran. the question is when and how, not if. nbc news reporting this morning israel's response may be, quote, imminent. israel's chief of staff vowing that iran will face

consequences, adding that all options are on the table. so this could be anything from sanctions or a cyber attack to a direct hit on one of their military facilities or even their nuclear facilities. stuart: across the board. lauren: but the world is watching -- stuart: we don't know exactly what's happening but probably will come, got it. anti-israel protests across major cities monday. in san francisco the cops just watched them. in chicago they blocked lanes leading to hair airport. we -- to a hair airport9. people trying to drag their luggage to get to a flight. in new york city police were forced to step in as protesters tried to shut down the brooklyn bridge. will cain with me this morning. is this a fifth column operating within or our country, opposing our interests? >> if it is a fifth column, you know, standing army ready to pounce into action the minute

the moment presents itself, i'll tell you this, it's one that we imported ourselves, stuart. if you want a real conversation about what we saw, people chanting death to america, we often talk about the border and how do we account for them and how many people on the terrorist watch list. you know what we don't discuss quite enough? the people that are legal immigrants that share those sentiments that are probably the majority of the people that you see on those streets. and the question is, are we going to continue to bring people into this country that hate this country? and, by the way, that's the only takeaway to have. they hate america. because even the people in iran don't protest like this in support of iran, not unless it's staged and organized by the regime. these are countries like iran where the people themselves would hike a change in power, but here in america when there is an attack on israel, we see support for iran which, by extension, really just means hatred of israel and, by extension, america. stuart: yep, you're right. when i say fifth column, i don't mean a standing a army ready to

pounce, i mean an organization which does not have america's interest at heart and directly compromises those interests whenever possible. i'm not going quite so far as to say standing army, but you mow what i mean. >> then, yes. stuart: i'm sure you saw this, or will. former prime minister of britain, liz truss, she has a warning for donald trump. roll tape. >> unelected officials have got more and more power, and those bodies, those government agencies have been captured by the left are. heft. whether it's woke ideology, whether it's extreme environmentalism, whether it's anti-capitalism. but what i found is that i faced a massive problem actually delivering conservative policies because the people who were meant to be working for me were actually against maine. stuart: she's saying the deep state forced her out x she says if trump's reelected, america's deep state will come after him

again. what do you make of that, will? >> well, i will defer to you, stuart, on the intricacies of liz truss' 49-day tenure as prime minister of the u.k. but with, i mean, if she believes there's an administrative state in england, i can just tell you there is one in the united states. the administrative state, we don't even need the example of what happened in the u.k., we just have the first four years of donald trump's presidency to prove of its own existence. and, yes, i'm sure it's there. it's -- i don't think it's waiting, i think it's probably working right now to ensure that she's not president again. and i think -- he's not president again. and i i think it's one of the most concerning things that sounds conspiratorial that is real about the united states. and something has to be done, stuart. and easy for me to say, hard to do. vivek ramaswamy said cut it by 30%. i think that would be a good step forward. we've not to get the bureaucrats out of running america. stuart: well said. >> permanent bureaucrats. stuart: well said, will cain. always a pleasure if having you on the show.

don't forget, don't miss the will cain show podcast, mondays through thursdays, 12 p.m. eastern on foxnews.com. now this, republicans are calling for the department of justice to investigate the activists who chanted death to america at a michigan rally. this was a couple of weeks ago. not yesterday, a couple of weeks ago. or what are they saying? lauren: good. five republicans in michigan are calling on merrick garland's department of justice to investigate those activists. in a letter they write -- [inaudible] the palestinian cause. these events were, instead, platforms for inciting terrorism and violence. adding that it's evidence that terrorist sympathy, i think that's a good word, sympathies exist here at home. and i don't know if i'm going too far in saying that could people who are willing to chant to the country that you live in, death to america, be sympathetic to a terrorist act here on our soil? stuart: i would suggest you're

right. lauren: i never thought i'd say words like that especially after 9/11 and what we just witnessed. but these young people don't even learn about 9/11 in school. stuart: the young people demonstrate thing yesterday against iran have no clue what iran is up to in its own country. it's extraordinary to me, young women supporting iran are where they torture and kill women if they're not wearing a hijab. lauren: don't let them go to school -- stuart: they're know-nothings. make me mad as hell. let's move on to the market, shall we? first of all, here's where we're going to open, up for the dow. united health is making a big impact on the dow 30. a smaller gain for the s&p and the nasdaq after yesterday's big losses. mike lee joins us now. michael, are you -- this is a big dip. are you buying it? >> yeah, absolutely, stuart. i think we, you know, since the end of the first quarter, we've seen some selling which has been compounded by some ugly inflation data and, obviously of

course middle east conflict. i don't expect the inflation data to change very much. i don't know that we're going into a reacceleration, and i believe cooler heads will prevail in the middle east. and i do not think this will be a large scale, prolonged war over there. and in addition to that, i think in a couple of weeks we're going to start seeing earnings from some of our tech giants, and that's going to reassume the rally that we kind of have stopped as of a couple weeks ago. stuart: earnings in particular for which companies? microsoft and amazon, i think you picked them out. they're going to do well? >> yeah. absolutely, stuart. so if you remember going back three months ago, the market was looking a little bit shaky, and earnings from these companies took the us to the next level because what's going on, you know, with a.i. coming in, you need a place to put it, you need somewhere to actually do the computing that's needed, and it's on amazon's cloud. it's on microsoft's cloud. microsoft if with their own a.i.

platform through, you know, chatgpt and putting the a.i. button on their keyboard for their office use going forward, i think we're going to have spectacular earn earnings that exceed the street. wall street countously gets these numbers wrong in terms of underestimating the speed and adoption of technology and the amount of money spend on -- spent on new trends. cybersecurity is the best example of that. we're now seeing it in the cloud, and i think a.i. is the next trend. stuart: mike lee, strong earnings will overcome problems of higher interest rates and inflation. mike lee back to his bullish mode and buying the dip. mike, thanks very much. see you again real soon. coming up, president biden used a cheat sheet during his meeting with iraq's prime minister. the sheet even told him when to pause. how does biden look on the world stage? brian kilmeade on that. a bill to stop iran from accessing our financial system passed the house last night. would this cut iran off from the

money spigot? congressman bill high zynga introduced the bill, and he is next -- bill huizenga. ♪

stuart: you better take a look at united health. it is adding 235 points to the dow jones industrial -- it's a dow stock. it's adding 235, so without unitedhealth, the dow would be in negative territory. even after yesterday's big losses. how about that? and then we have lawmakers under increasing pressure to pass a foreign aid bill, this after iran's drone strike on israel, of course. speaker johnson announced he will put up separate bills for israel, ukraine and the undo pacific p. aishah hasnie, will all of these pass?

>> reporter: hey, stuart. well, that is the multibillion dollar question. good morning to you. look, most of the conference, republican conference, does appreciate the fact that these bills are separated. they like to do things in regular order. but there is already some pushback from conservatives over the lack of or border provisions in this deal. it's really just not in there at all. so here's the plan. johnson is dividing up israel, ukraine and taiwan into three separate foreign aid bills. a fourth bill, stuart, offers conservative ideas like a lend-lease deal for military aid for ukraine, it includes provisions to sell off seized russian assets, and the tiktok ban is thrown in as a nice sweetener. this is for folks who don't want to just cut ukraine a blank check. bottom line, the speaker is giving people political cover for take tough coats. >> every member will be able to vote their own conscience and everyone have an opportunity to

weigh in and bring the amendment as that they think are suitable. >> reporter: but again, like i said, some conservatives out there already saying they've got a big problem with this because it totally leaves out border security. >> i didn't like the fact that we're seemingly abandoning the border which is the hill we said we were going to die on for a long time. >> reporter: in fact, border is why marjorie taylor greene is already a big no on the rule that allows the bill to make it to the floor. republicans, as we know, can only lose two on the rule if all democrats vote against it, so the question is, will johnson be able to get some democrats onboard. that, at this moment, is unclear. leader jeffreys isn't committing to anything until he sees the text. we're expecting to see the text later today with a vote set up, or at least four different votes set up for later friday. stuart? stuart: got it. aishah, thank you very much. members of the house foreign affairs committee p a member, that is, bill huizenga joins me

now. congressman, the house just passed your bill to stop iran from accessing our financial system. okay. does that cut iran off from the money spigot? >> well, not totally because we have to have the cooperation from treasury. treasury, as you well know, issues licenses when there's sanctions that are going on. but what this would do is it would make sure that they are out, they are not allowed to access the world bank or the imf, and in fact, in 2021, not that long ago, iran accessed the special drawing rights from the imf which brought 'em $5 billion. so we're trying to put as much pressure if as we can. the problem, or stuart, has been this administration has rolled back and softened the sanctions that have been put in place over previous years. and, you know, a lot of us are questioning the why of this. frankly, we had leadership on the democrat side as well as

treasury whipping against my bill last night. and it just makes you scratch your head as to why. stuart: well, we're talking a lot on this program today about the deep state and its influence on american politics. it occurs to me that you're up against the deep tate at the treasury, because you want to cut the iranians off from the money spigot, and maybe they don't want to let you do that. you up against the deep state. >> we're constantly that. i honestly do think, my thinking on this this, is that the democrats have put so much into iran, you look at the iranian nuclear agreement starting with obama, right? i think they view iran as a pivot point within the middle east. wrongly, in my opinion. but there's no other explanation why they would allow electricity sales and gas sales to be accumulating billions of dollars. oil sales have increased by, like, four or fivefold from what they had been under the last administration if with the maximum pressure campaign. you know, this is maximum

appeasement campaign. stuart: i've got 30 seconds, congressman. do you support a stand-alone aid bill for israel as speaker johnson proposes? >> yeah. we reel, absolutely. and -- with israel, absolutely. and as aishah was saying in an earlier segment, there's all these components that have to fit together. the border is going to be one of those things that's going to be discussed. right now i stepped out of that a conference meet being, i'm going to be going back in to the conference meeting as speaker johnson is sort of laying out the game plan if moving forward. so i'm hoping we're going to be able to take these as individual bites and votes, and the senate's going to have to deal with it. chuck schumer's been sitting on individual israeli aid now for a couple of months. stuart: yeah. well, don't leapt us hold you up, congressman. bill huizenga -- >> good to be with you, thanks. stuart: yes, sir. mike michael moore if is warning biden about what? lauren: losing the election unless he pulls back his support

for's israel. for israel. >> president biden, you can end this now. you know it's wrong, i know you know it's wrong. and i know if i sound like a broken record. and i know that you know that you're going to lose this election in part because too many people are going to stay home. they're not going to vote for trump, or they're not going to switch their vote from you to trump. no. that is not how this is going to play out. as what happened to hillary in michigan, she lost by two votes per precinct. two for the whole state. two. and that's what's going to happen to you. lauren: and michael moore says that's what could happen all these years later to joe biden. but that's the problem in the democrat party. stuart: sure. lauren: michael moore and all these activists want a ceasefire. he wants reparations for people living in gaza, but they don't want a ceasefire when the rockets are aim ad at israel. how does biden manage this? he might lose michigan.

if he loses michigan like hillary did, he could lose the election. stuart: actually, michael moore is right, is he not? the. lauren: politically speak, he is right. heal said young people in general don't like war and, guess what? there's a lot of wars going on. stuart: iran did not listen to biden's don't warning. you remember this, a series of don't, don't, don't? so how's the white house responding now to -- how is the white house defending the failure of don't? the. [laughter] lauren: it's hardly a defense. national security spokesperson john kirby, who we've increasingly seen at the podium. said biden's don't was heated because the attack was a failure and an embarrassment for iran. >> reporter: has president biden considered maybe beefing up the public iran posture to be with more than just one word? >> you're referring to don't. >> reporter: yeah. so now what a? >> let's talk about what we did, peter. of let's talk about don't and did. let's talk about saturday night. we made it clear that he didn't want to sees calculation in the

region. he -- to seeslation. he added military resource to the region right after october 7th. then we had an inkling that this kind of thing was coming, he added even more military resources to the region. lauren: but they still did. and just because they were not successful doesn't mean everything's okay. what if you have iran attacking directly and you have their proxies from syria, from yemen, from lebanon also attacking at the same time? can israel's defense system and our support of that defense system counter all of that? if i sure hope so, but who's to say it can? stuart: got it. quick check of futures before we go to the opening bell right now we're looking at the upside at the opening bell, minor leagues gains for s&p and the nasdaqful we'll take you to wall street, the opening bell is next. ♪ keep me in my mind somewhere down the road, you might get lonely ♪

trading at schwab is now powered by ameritrade, unlocking the power of thinkorswim, the award-winning trading platforms. bring your trades into focus on thinkorswim desktop with robust charting and analysis tools, including over 400 technical studies. tailor the platforms to your unique needs with nearly endless customization. and track market trends with up-to-the-minute news and insights. trade brilliantly with schwab. when enamel is gone, you cannot get it back. but you can repair it with pronamel repair. it penetrates deep into the tooth to actively repair acid weakened enamel. i recommend pronamel repair. with new pronamel repair mouthwash you can enhance that repair beyond brushing. they work great together. with dexcom g7, the most accurate cgm, you can achieve diabetes results without fingersticks. see how exercise affects your glucose, making it easier to spend time in range and lower your a1c.

♪ ♪

stuart: dow's up 200 but, again, that's mostly on the strength of unitedhealth. minor gain for s&p, now the nasdaq is in negative territory. david nicholas with me. i want to talk about netflix. they report after the bell thursday. the stock is currently $609. the record was $691.

you think it's going to reach a new high soon? >> yeah, stuart, i do. netflix did a lot of things right in the last year to send the stock skyrocketing. they did this password crackdown and, remember, there's a lot of users that were sharing passwords. they also added a cheaper subscription option, an ad-supported option, so that increased subscriber growth and also increased their average revenue per user. is they got that right. so that,s i think, is going to impact the stock. i think we'll see it hit new highs. the other thing that's exciting is sports. i don't know if you heard about this jake paul and mike tyson fight, it is the going to be streamed exclusivelien on -- exclusively on netflix. that excites me a lot. stuart: $691 is the high, where's it going, over $700 on the strength of the report? that that a that's what you're saying? >> absolutely,ing stuart. stuart: there's a forecast i can live with. how are you playing higher energy prices assuming energy

goes up in price? >> yeah, stuart, it's really unfortunate what we're seeing in the middle east. when you look at this israel-iranian conflict, weave seen israel have conflict, but this is in direct conflict with iran. the challenge here is iranian production. so when trump put sanctions on iran, they were doing 4 million barrels a day,, that number's all the way down to 2 million barrels. so if conflict escalates, you'll see iranian production cut significantly. i think that means energy prices go up. there's some simple ways to the play this. xle is an etf that owns energy companies, or you can buy uso which is another etf that directly tracks the price of energy. so those are two pretty simple ways, stuart, to track energy. stuart: okay, we got it. thanks for joining -- i'm sorry, david, good to see you again. i know we'll see you again real soon. okay, we'll take you to wall street right now to show you how things open up this morning. we've just got two seconds to go. bang, it's 9:30.

press the button, the market is open. as expected, the dow has indeed opened way to the upside. well, not that much. the dow is up 200 points at the opening bell. we've got a big gain for unitedhealth. united health is up, and that is adding 216 points to the dow. in other words, without united health, the dow would be dead flat to negative. the s&p 500 opening just a fraction if higher, a point on a 5,000 index, that's not much of a gain. the nasdaq composite, that is un .11%. so no bounceback this morning for the vast number of stocks that were way down yesterday. finish show me big tech, please, let's have a look. what's up, what's down? microsoft is up, only just, 97 cents. that's it. amazon, apple, meta, alphabet down. now, we did get the bank earning, more bank earning, before the bell. lauren's got the list. start with morgan stanley? if. lauren: 3.8 gain. their investment banking rev knew if recovered, up 16%.

in the quarter that boosted profits overall a, america more i finishes os coming to market. that's really good business for banks like morgan. also their more stable wealth management business booming, $7 trillion of client assets across their investment management. stuart: that's a lot of money. lauren: my if mouth waters. stuart: bofa, bank of america. lauren: the stock was gyrating in the premarket, now it's down decisively 1%. like morgan and goldman, revenue in their investment banking and wealth management divisions did rise. but now the stock, despite icively -- decisively lower. stuart: i want to take a look at live nation, it's way down this morning, down nearly 9%. the justice department's suing them. lauren: yeah. "the wall street journal"'s reporting that they prepared to sue them, and that suit could come next month. for keeping an illegal monopoly on the live event ticketing market. remember the taylor swift eras

tour, even taylor swift said this was a complete fiasco. i mean, they -- she used ticketmaster, and customers couldn't get tickets. it was awful. and this, the justice department has been probing live nation for quite some time now. i say years. and they are expected to say that this is a a monopoly because it was a violation and a violation of the consent decree back in 2010 that allowed them to merge. stuart: the stock is down 9%. but there's no guarantee that the government wins this suit. they've got a very spotty record going after big companies and drying to split if -- trying to split them up. i wonder what happens when they finally lay the charges. we'll see. i know we've got donald trump's social media stock, i know it was down 18% yesterday with, fractional gain today. very complicated situation. lauren: i know. but they're not down again today, that's the good news. now they have an idea and a new revenue stream perhaps. they're about to launch a live tv streaming service.

they'll roll this out in three different phases. think you have your social media plus you get news, you get religious content, family-friendly content even canceled content all on one streaming platform. stuart: okay. lauren: it's good news for donald trump because it could bring in more revenue. as you know, he's got 79 million shares of trump media, but his stake has been more than halved. when this first went out of the gate march 26th, his -- donald trump's worth, his stake in the company was $5 million and that's been cut to maybe $2 billion. i said million if, it's billion. stuart: when you started your report, the stock was up a fraction, now it's down -- lauren: well, it's also a meme stock in many ways. it's extremely volatile. yeah. stuart: my prompter says who's bullish on nvidia? everybody's bullish on nvidia. lauren: i know. some more than ever. ever core isi is initiating coverage at outif perform, $1,160 price target. they say investors underestimate the ecosystem that the nvidia

created and is playing if not monopolizing, and this computing error or could last 15-20 years. stuart: okay. lauren: long-term play. stuart: yes, it is. disney. i know they want to make a change to disney+. what's the change? lauren: yeah. like an always on mode. i just think of this as a traditional tv, kind of, you know, when you go into people 's houses, the tv is always on, background noise? kind of like that. see, that would drive me crazy. a lot of people are like that. this way you don't have to select what you want to watch. the queue would automatically populate for you. no down time, in other words. stuart: i do that with fox news and fox business. on all the tile. lauren: really? i get a headache after a while. stuart: it's muted, of course. let's go to -- not fizz disney, we got that. johnson & johnson, they reported before the bell. what's wrong? lauren: they're down 1% because revenue was flat. in fact, it missed the street's expect takes. they have several blockbuster drugs, one of them for

psoriasis, it really disappointed, and they're preparing to lose exclusivity of it. stuart: let's get to unitedhealth. straight the up helping the dow to the tune of 200 points. what's the story? lauren: do you remember back in february they had this massive cyber attack at their chain health care unit? their clinics couldn't get paid. these are clinics that do chemo treatment and radiation. it was unbelievable. they are now for the first time public wily disclosing the financial impact of that hack, and they say they can take up to $1.6 billion, that's the size of the hit from that cyber attack in february of this year. i guess they're getting the news out there, responding to it. investors are digesting it. and despite that warning, their profits still came in stronger than expected in this quarter. hence, you have a 5.5% gain. stuart: i want to hear about peloton because i know they're down 60% in the past year, and i believe they're trying for a turn-around. it's not working, down 2% -- lauren: so they tried to entice

all these new users with you get this free app for a limited amount of time. the hope is you use it, love it and become a paid subscriber. problem is, they're not converting many people into paid subscribers. so they're going to get rid of the free app, and you have two options, $12.99 a month or $24 a month. stock's down 45% this year, and i think their market cap's now a billion dollars. it was $46 billion during covid? i think it was. stuart: yeah. i remember in my apartment building peloton after a peloton arriving -- lauren: getting delivered. it was all the a rage. now it's -- you see them at garage sales. stuart: you've got to talk to me about gold, just shy of $2400 per ounce, $2390 at the moment. lauren: how about $3,000? that could happen in the next if six months to one and a half years. citi says gold is a safe haven, it is an inflation hedge. they are not the only ones. goldman sachs on friday said gold's in an unshakable bull

market, and they see 2700 this year. stuart: my goodness -- lauren: strong words. shines like a diamond, that's what citi says. stuart: really? o.k.. thank you very much, lauren. coming up, california suing huntington beach over that city's new law which requires voters to show ed. id. in the anal of massive legal migration, what is wrong with requiring official ids? tell me. i'll put that to congressman darrell issa coming up. we told you about employers considering adding pet bereavement leave policies. we wanted to know what you think. your e-mails came flooding in. we're going to read some of your responses later in the show. it's day two of jury selection in trump's hush money trial. day one more than half said they could not be fair and impartial and were immediately dismissed. is there any way for trump to get a fair trial here? former u.s. attorney guy lewissen on that. he's next. ♪ -- guy lewis. ♪ where do you go, my lovely? ♪ where do you go ♪

[city noise] investment opportunities are everywhere you turn. do you charge forward? freeze in your tracks? (♪) or, let curiosity light the way. at t. rowe price, we're asking smart questions about opportunities like clean water. and how clean water advances can help transform our tomorrows. better questions. better outcomes. t. rowe price when it comes to investing, we live in uncertain times.

some assets can evaporate at the click of a button. others can deflate with a single policy change. savvy investors know that gold has stood the test of time as a reliable real asset. so how do you invest in gold? sandstorm gold royalties is a publicly traded company offering a diversified portfolio of mining royalties in one simple investment. learn more about a brighter way to invest in gold at sandstormgold.com.

it's odd how in an instant things can transform. slipping out of balance into freefall. (the stock market is now down 23%). this is happening people. where there are so few certainties... (laughing) look around you. you deserve to know. as we navigate a future unknown. i'm glad i found stability amidst it all. gold. standing the test of time.

stuart: on the markets this morning 12 minutes into the trading session, i'm afraid it's a continuation of the selling certainly on the nasdaq can, a little bit on the s&p. very small gain for the dow and all of that gain is premised on unitedhealth. so it looks like we've got a continuation of the selling overall. and then there's jury selection. it resumes today for trump's new york city hush money trial. eric shawn's at the courthouse for us. what can we expect from today's proceedings, eric? >> reporter: hello, stu. well, we hope more progress than they had yesterday and much better welcome -- luck, because yesterday more than half of the prospective jurors said they could not be fair to former purpose. the proceedings just have

started again finish president trump. the president has a arrived just a few moments ago. yesterday more than6 of witnesses -- jurors were called in -- 96, and they were asked to raise their hands if they could not be fair to the president or impartial, and 50 of them did. so they were immediately dismissed. 18 jurors were then put in the jury box for questioning about the case. all this as the president continues to slam the trial. >> it's a scam. it's a political witch hunt. it continues, it continues forever. can and we're not going to be given a fair trial. it's a very, very sad thing. finish. >> reporter: the jurors will remain anonymous throughout this proceeding. some could be seen reacting to the former president as he sat in the courtroom, staring at a them. one in the rear of the courtroom, a woman, actually could be heard giggling at one point. one prospective juror, a manhattan bookseller said, quote, i feel no one is above the law.

one woman left the courtroom telling a court officer, i just couldn't do it. finish but others said they could be fair to many trump. most of the juror withs said they get their news from "the new york times" and cnn, a few do watch fox news and read "the new york post." lawyers say people who may want to try to get on the jury with an agenda to swing it will likely be found out, and they think a fair jury can be seated. >> they're going to be aim to -- able to weed out, i think in my humble opinion, all of what i call stealth jurors because you worry in high profile cases that you will have stealth jurors. that's your biggest fear as a trial lawyer. >> reporter: at the heard of -- heart of this case, of course, is the alleged scheme to pay off stormy daniels, the porn star, for her allegedded affair with the president that he denies. those payments from michael cohen, the former president's former lawyer and fixer, were

reimbursed by the trump organization, but just a few moments ago the former president said he thought those payments were legal expenses. that is what he could be telling the jury if he, indeed, does testify. stu? stuart: thank, eric. joining me now is a former u.s. attorney. guy lewis is with us. guy, is trump being treated fairly in this trial? >> short answer, stuart, no. no. in my experience, the put this in perspective having tried a lot of high profile cases, that first day maybe you get one, two or three jurors that raise their hand and say, hey, i can't be fair in this case. never have i seen in 40 years of practice 50, more than half the panel, raise their hand and say i can't give the guy a fair trial. terrible. stuart: i want you to listen to trump speaking after the trial yesterday. roll that tape, please.

>> we've got a real problem with this judge, got a real problem with a lot of things having to do with this trial including the d.a.. i can't go to my son's graduation, i can't go to the united states supreme court that i'm not in georgia or florida or north carolina campaigning like i should be. it's perfect for the radical left democrats. that's exactly what they want. this is about a election interference. that's all a it's about. stuart: okay. now, do those comments violate the judge's gag ordersome because the judge wants him to say virtually nothing, if he was opening his mouth bigtime right there. >> it's funny you ask that, i talked to a judge down here in miami yesterday and i said, judge, have you ever, ever entered that kind of gag order on a defendant. he said, no, having done it for a long, long time, never have. i don't think those comments violate the order. surely the defendant's first amendment rights still exist,

and i think he can comment on his perception of the trial and how it's proceeding. stuart: real fast, do you think this trial, this case is going to be thrown out on a appeal? >> i think there's a lot of appellate problems. i don't think a verdict, if there is a guilty verdict, is going to last very far long in this case. very long in this case. i think it's going to be reversed on appeal. stuart: guy lewis, thank for the if lending us your expertise. see you again soon. are we going to get any comments from the president on trump's trial? lauren: likely not, or not much. "the new york times" is reporting that democrats think trump in the courtroom four times a week for eight weeks is doing the work for them. you know, there's polling that does show independent voters, if there is a conviction, would not vote for trump. but the fact that he's in the courtroom for potentially through the middle of june keeps him off the trail while biden campaigns on his record, while

he's in pennsylvania for the 30th time since taking office this week. the other thing is the optics. trump keeps saying this is the a political prosecution. persecution. so if biden is commenting on his rival being politically persecuted, that might seem like he's engineering the scenario. stuart: it's a deliberate tactic to keep the president, or former president, in court as long as possible, as much as a possible before the election. lauren: yeah. stuart: and get a guilty verdict at all costs. it's a political tack tactic -- tactic. they're abusing the pretty -- the system, in my opinion. lauren: keep him in court to hoe how much the justice system is rigged against him. stuart: do independents feel like that? who knows these days. lauren: does it change if we get a guilty verdict? stuart: coming up, liz truss was britain's prime minister. she lasted only 49 days. she says she was done in by britain's deep state, and now

she has a warning to donald trump. of if he's reelected, the deep state will come after him even more fiercely than in his first term. that's my take, top of the hour. there were more than 300 medication shortages in the first if three months of this year. that's a record high. what's the problem? if full report next.. -- full report next. ♪ i can't get enough of you, baby. ♪ if i can't get enough of you baby, right or wong ♪ tamra, izzy, and emma... they respond to emails with phone calls... and they don't 'circle back', they're already there. they wear business sneakers and pad their keyboards with something that makes their clickety-clacking... clickety-clackier. but no one loves logistics as much as they do. you need tamra, izzy, and emma. they need a retirement plan. work with principal so we can help you with a retirement

and benefits plan that's right for your team. let our expertise round out yours.

♪ me and my friends ♪ ♪ ♪ it's feeling right, ♪ ♪ we're loving life when we're together ♪ ♪ me and my friends ♪ ♪ ♪ we feel the height of lustful life ♪ ♪ when we're together ♪ life is better with the credit gods are on your side. rewards once available to the few are now accessible to the many. credit one bank. get cash back rewards, and live large.

stuart: we have a record drug shortaging in this country. over 300 active medication shortages in the first three months of the year. lydia hu's with me. why is this the happening? >> reporter: well, stuart, it depends on what type of drug we're talking about. in some cases, demand is outstripping supply, and that's certainly what we're seeing in the weight loss drug category. but in other cases, the shortages are a product of offshoring our supply chain. many of our drug ingredients are coming from overseas. almost half of approved makers of drug ingredients, they're in india. you can see that here. 13%, they're in china. this means our country, the united states, can't even predict when a shortage is going

to happen let alone respond adequately. shortages for critical chemotherapy drugs have worsened over a 5-year period. drugs to treat attention deficit disorder are harder to get. shortages in antibiotics are climbing. one pediatrician the told me she believes drug companies are not incentivized to make more medications that children need. watch. >> i feel like children are disproportionately affected by the drug shortage which just seems to me that children are not prioritized by our health care system. children bring the least amount of money into the health care system. they don't get hospitalized as much. >> reporter: so now there are various proposals to fix the system. the fda, they want more power to collect information from drug makers. the white house wants to hold hospitals accountable. and the ftc and health and human services are also a trying to understand how the drug wholesalers, those are the middlemen, how they are impacting the drug market. right now, stuart, there's a public comment period happening.

anyone can give feedback with. one comment that jumped out to me morning from someone who said they are an adult with adhd, she writes this: every month i have to call my pharmacy and find out, there continues to be a back order of the generic and request the brand name at a cost of five times the amount. she goes on to say this: the u.s. government has has an obligation to change this. i'm appalled, frankly, that this is occurring in the 21st century america. and, stuart, i think a lot of people would agree with her. stuart: i think you're right. lydia, thank you very much, indeed. still ahead, nfr suspended editor iewrly berliner, the editor who called out the outlet's left-wing bias against trump. i think he was punished for telling the truth. mary katharine ham takes that to pieces later. after iran's attacks, what should ills reel do? retired lieutenant colonel james carafano has some good ideas. more than half of americans say they need more sleep. doesn't it vary from individual

to individual? doc siegel takes it on. and jimmy failla, well, he used to be a cab driver in new york city. how would he have felt if he were stuck to the -- in the anti-israel gone strayses on the brooklyn bridge? -- demonstrations. i'm looking for fire from jimmy. the 10:00 hour is next. ♪ you're better off alone. ♪ do you think you're better off alone ♪ ..