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stuart: back in the new york blue. not sure i want to be back in the new york groove at this moment but a nice day in new york city, senate, 75 °, it's 10:00, straight to your money on a tuesday morning after a long holiday weekend, some green for the nasdaq up 40 points, the dow is up one hundred 37 points as we speak, back to below 39,000. the 10 year treasury yield. is moving closer to 4%, it is. the price of oil not quite at $80 a barrel, $79.20 one cents, bitcoin retreating to $67,500 a coin. latest on consumer confidence could affect the markets, what do we have? >> the numbers one hundred 2. the expectation is 95.9 and this is the highest level since

march so people are getting better about inflation, the job market. stuart: good news for interest rates on the federal reserve. is good news bad news, good news good news. stuart: always a hike on the table are not on the table, we keep hearing from different fed officials. stuart: jason katz is going to get into this any moment now that first this. how many times have we said the alarm bells are ringing at the white house, every bad paul, every gaffe, every policy disaster and the alarm bells are ringing. they are surely ringing now with this from political, quote, dems in full blown freak out over biden. a pervasive sense of fear has settled in at the highest levels of the democratic party and president biden's reelection prospects. it is a gap between the confidence democrats expressed publicly on tv and the palpable trepidation they express in private texts. there's cause for grave concern.

he's raising less money than trump, the trial in new york has become a platform for trump's campaign. are comes under's trial, that can hardly be a positive and overall the image of an aging president the majority thinks is too old for the job. another problem. the democrats can't replace biden as the candidate unless he agreed to it and he shows no intention of walking away. if you did step aside, becomes president kamala harris. you can't move her aside for fear of offending people of color, the democrats are stuck with that ticket. unless there's a shift in the polls and the miraculous return to use and energy for the president the freak out will continue. it won't belong before it becomes much more public. second hour of varney just getting started. look who's here on tuesday morning.

jason chaffetz has returned. can biden turnaround? >> he is so inapt. here he is, memorial day weekend, friday, saturday, sunday, taking a nap on the beach in delaware instead of going to memorial day events in arizona, nevada, georgia, pennsylvania. he personifies tired. elections are about the future, where we are going to go next. imagine what president biden will be like four years from now but i will give him this, the democrats are far superior in getting out the vote. their organizational machine is superior to republicans. they are not going to win this election by going out arguing policy because they lose on every policy issue. they can only but do do it by getting out the vote in demonizing trump but they been demonizing trump for decades and they are not going to make

it worse. even if donald trump has a conviction under his belt, that's not going to move the meter. people have built this in. stuart: listen to what florida democrat gerace moscowitz says about calls for biden to drop out. >> it's not a conversation worth having but this is ridiculous. we are well past that conversation. president biden is going to be the nominee. we are going to have our convention and he is going to win in november. this is going to be between two people. do you want trump back or do you not? that is the crux of the issue and that's what the american people are going to ask themselves what do they want donald trump back or do they not want him back. stuart: from bill mcgurn at the wall street journal, the on single kamala harris. a part of the lives by identity politics is trapped by identity

politics. the democrats really are stuck. >> bill mcgurn hit it on the head, they are stuck with this identity politics. barack obama didn't even like president biden. joe biden is the vice president of the united states, who do they go to? hillary clinton and she loses. he was not winning the race for the white house until they saved him in south carolina and cities the city one but no one was enthusiastic about him. he got there, he became the president but is he an inspiring today. stuart: enthusiasm gap. pennsylvania sealed the deal for biden in 2,020. how is biden doing in the keystone state? >> if you look the really are politics average of policies down two points, 4745, biden

losing the youth vote, the reason paul hasn't on 15 points from 2020, 47% support among young voters. this is black voters, down to 50% among black voters. youth black voters two key constituencies that pushed biden to victory four years ago. it is troubling in a state he calls home and briefly campaigns in. he's going to campaign headquarters. that's troubling. stuart: it is indeed. is pennsylvania a problem for biden? >> the way they vote in philadelphia has been an asset, donald trump had 7000 votes, philadelphia comes up with 700,000 votes, they've got to watch the polls in pennsylvania but look at the other states, arizona, nevada, georgia, wisconsin, michigan. donald trump has the pedal to

the metal and is making the case and doing exceptionally well. pennsylvania i worry how they vote their. stuart: look at the smile on your face. check the markets. we see a lot of red for the dow, 150, nasdaq holding onto 60. jason katz, here's what i picked up, the first fed rate cut might disrupt the rally, might be bad for the market, how so? >> washington is a game of opposites. is completely counterintuitive but when we get the first cut, that won't even happened until the new year. we may see a breather. i don't think it's going to append the market and that's twofold. number one, by the rumor, save the news, we are going to ultimately get that.

the other aspect of this. the economy may slow down too much. the fed had to do it. stuart: the market takes a pause. earnings reports i have been seeing our terrific. >> inflation translate into corporate america being able to pass along high prices and help their margins. 80% of the companies this quarter beat because of the technology investment to they made during covid finally paid off the last two quarters. the better news, the best is yet to come.

we haven't scratched the surface with respect to protect them against, margin gains that will result from ai. blue on the rally continues which i am saying we are in rally mode and you are saying it continues. >> rally between now and the end of the year based on there being no rate hike, i do think we get a modest pullback and i think price action is driven by earnings. there's no earnings recession remotely in the site. in the years ahead i think markets go higher. higher nonetheless. stuart: jason katz, thanks for being with us today. appreciate it. lauren is looking at the movers. tesla? >> goes down 2.5%, the proctor advisory firm said to the shareholders should reject must's proposed $56 billion compensation package when they vote. musk could fail. that's a legitimate risk to the

stock. stuart: okay. that is why it is down 2%. on holdings, they are a sneaker -- >> truest upgrades, they are giving a price target of 46, they say they are stealing market share from nike, this is a new purchase. stuart: so unexciting. $40 now, they say will be 46. jump up and down and purchase that thing. lauren: a warmer price target. stuart: but there now. lauren: the first drop in two days down 7%. other than the fact that it is up 3% so far in may as they are working on vaccines and brought up so much in a short period of time. stuart: trump slam to biden in the democrats for their efforts to regulate cryptos but what's

he saying about bitcoin? lauren: a fan of it and promises to protect it. watch here. >> i will stop president biden's crusade to crush crypto, we are going to stop it. i will ensure the future of crypto in the future of bitcoin will be made in the usa, not driven overseas. i will support the right to self custody to the nation's 50 million crypto holders, i will keep elizabeth warren and her goons away from your bitcoin. i will never allow the creation of a central bank digital currency. lauren: that the shift from 5 years ago when he said, quote, the value of crypto is based on thin air. it's a natural progression. he's taking campaign donations and crypto currency. he has evolved. vivek ramaswamy has his ear,

surrogate. stuart: bitcoin and cryptos have arrived, big ones are not going away. lauren: the etfs, he's partially responsible for that. i call it natural. he was speaking to libertarians and that is what they want to hear. stuart: coming up, president biden visited his daughter in law. she is expected to testify in hunter biden's trial. the white house claims there was nothing fishy about the surprise visit, we have the story. closing arguments underway at the trump trial in president biden getting ready to break his silence on the case. russell fry on that next. ♪

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or symptoms, had a vaccine or plan to, or if ibd symptoms develop or worsen. still workin' for me. ♪see me.♪ stuart: any moment now, the biden harris campaign will hold a press conference outside trump's, probably new york. they will have special guests and immediately following that, the trump campaign expected to have their newser. both campaigns are ratcheting up their messaging as president biden prepares to break his silence on trump's trial. how to the campaigns differ in the messaging? >> reporter: we will find out in new york city, perhaps we will wait a few weeks longer

because we are less than a month from the presidential debate which is earlier than we are used to seeing and probably the best chance for them to regain some ground. he will be back on the campaign trail wednesday holding an event in philadelphia. it may do little to calm anxious democrats. there's a report from politico that a pervasive sense of fear is settling at the highest levels of the party over the president's reelection prospects. even among officeholders and strategists who expressed confidence about the coming battle with donald trump. biden will once again join with the secretary clinton for a fundraiser in virginia and it will be just a few days before the first debate. as for the trump team his schedule is up in the air given the ongoing trial in new york but over the holiday weekend he made appearances in dc and charlotte, trump critic, that is it is sparking fresh

speculation about a potential role in a second trump term. trump says she's not under consideration for vice president on nomination. plenty of names being floated around, trump says he will announce his decision right before the gop convention in milwaukee. stuart: thanks very much. president biden plans to speak on the criminal trial after the jury comes back with a verdict. what do you expect to hear? >> the most predictable political, and he can. so much of their campaign is banking on the idea they will be able to call him a convicted felon. that's what they want to say. there's been a very concerted, coordinated event with all these trials to culminate in the midst of a presidential election. i don't care what president biden has to say about it but it is predictable what he's going to say about it. they have been demonizing donald trump since day one.

it has a rate of diminishing returns. stuart: what is he going to say if trump is acquitted? >> they are in real trouble. they've been calling russia for years but they still talk about russia. they want to beat it into people's heads, i don't know, doesn't make sense to me. stuart: russell fry with me now is a republican. why do you think biden is going to make a statement? >> this is the biden trial, you've got a democrat district attorney in a democrat area so i think he wants to try to make -- you alluded to the fact the democrats are in freak out mode about the trajectory of these trials. with a conviction or without because the american people aren't buying it. a president who is trying to save face, he should be talking

about hostages in israel, the border. you wants to talk about trump. stuart: trump's lawyer says the trump jurors should have been isolated and hidden away over the weekend but they were not sequestered but they should have been. >> these are not sequestered jurors, they should have been sequestered because in my opinion these jurors are handling something unprecedented and unwarranted in america. for them to be able to be out and about on a holiday weekend with friends and family to have opinions, who are watching the news, tv on the background at the pool party, i have concerns. stuart: what is your take on that? >> the judge has discretion to do sequestration but you often see that in high profile cases like o.j. simpson and the like.

it's conceivable that a judge should have done this but even now that the jury is deliberating, very important to do that. look at these trial some jurors were sequestered for 200 days so it's not uncommon for this to happen. this was a huge misstep by this judge. i'm not surprised given the weather court cases gone. of the one president biden made a surprise visit to the home of his son bo's widow, she previously dated hunter biden, expected to testify in his gun trial next month. is worth noting the ninth anniversary of his son's death is thursday. why the visit? >> they take the tragedy of what happened to bo and it looks so improper, even if nothing was discussed it is undue pressure, undue influence

on a witness in a criminal trial. it's irresponsible to do something like this. stuart: thanks for being with us this tuesday morning. chris murphy says biden has a very limited ability to take action on the border. is he playing in the republicans? lauren: of course. it's political cover for either side, democrats can blame trump for urging republicans, not once but twice, keeping the border a mess, quoting senator murphy, here he is. >> should he do something on executive action? >> the president has such limited ability to issue executive orders that have an impact on the border.

he can't conjure resources out of thin air. if he were try to shut down portions of the border the courts would throw that out within a matter of weeks. republicans decided to support it, it's up to donald trump and republicans whether to solve the problem at the border or keep the border a mess because it helps them politically in the upcoming election. lauren: limited ability, day one in office biden signed executive orders to undo everything donald trump did to secure the border and he says the courts would block it, that's an excuse too. the senate two times voted down the bipartisan border agreement. you can blame both sides but i don't think saying it's republicans fought -- stuart: jason chaffetz is itching to get into this. jason:the board is becoming more secure under donald trump,

president biden took 90 plus executive actions in his first hundred days, that's why we have a wide open border, kamala harris has been there exactly one time. senator murphy said was totally irresponsible, the president could lay down the law and forced current law. one of my biggest beef is they don't enforce the current law. and they are not doing that. >> still had on this show, mike tyson suffered a medical emergency on board a flight to los angeles. he prepares to fight jake paul in two months. a type of blood cancer, doctor mike siegel tells us all about that next.

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stuart: one hour into the trading session we have a mixed market, the dow is down 140, nasdaq and about 63 points,

intraday all-time high. there is one huge mover again this morning. it is nvidia. lauren: what does it do? stuart: it's going to $2000. lauren: as long as you have a new record high, $1150 a share. the chipmakers are higher because earnings end their forecast telling the market its ai theme still has legs. semis are up in a big way. stuart: how about the scaler. lauren: they were cut to neutral, the downgrade cost 3.5% today, the price target cut by a couple hundred dollars, worried about attrition as the reports are saying -- stuart: explain this. bit farmers, platforms made a proposal to acquire all shares

of crypto from -- lauren: a merger potential is tuesday. the first trading day of the week. they are coming together, both stocks are up, they are up 8%. stuart: they reported, you explained it, well done. according to a new study, a naturally occurring substance may help prevent alzheimer's. dock siegel, i am all ears. what do these foods do for my memory? >> that the key. i have to tell you the good news. we are talking vitamin b3 and i quickly checked, my b complex vitamin i used to stay afloat, i keep up with you. my wife is a neurologist

recommending it for years keeps me sharp, almost up to your level. vitamin b3, and polyphenols, antioxidants, that is the key to preventing alzheimer's from what we know now. anything that is anti-oxygen, blueberries, strawberries, i don't know why but i love blueberries and pomegranates. and antioxidants. and a combination of vitamin d works well. stuart: pick out those tiny little red things and eat them individually. the way to goes pomegranate juice.

>> put it on your oatmeal, you don't have to sit there, get someone to do it for you. stuart: now you are talking sense. something very serious. another study shows people with tattoos, never liked them, have a 21% higher chance of developing lymphoma, a type of blood cancer. i never liked tattoos but is this a genuine threat? >> i am worried about this. this comes from sweden, i always wonder why scandinavian countries studying americans but they found out almost 50% of americans 30 to 49 are tattooed, at least one tattoo and more and more are coming. i am against them. i help people get rid of them when they need to. or putting a foreign substance on your skin and it stays there

forever and dollars your immune system in ways you may not want your immune system alerted and guess what comes from a wrongly alerted immune system? lymphoma. that's not proof but it is an association that needs further investigation. every viewer of "varney and company," not to get a tattoo please. stuart: my idea for a new successful business would be a chain of tattoo removal parlors across the country. with you think that would work? >> since we are graced great business minds why don't we accompany that with spray on tattoos? i'm okay with that. have a spray on tattoo and have it available and watch on the show and other segments. stuart: we saw the pomegranate and the tattoo, what a show this is. thank you for joining us. see you again soon.

something related to medical stuff. mike tyson got a medical scare on a flight ahead of his fight with jake paul. lauren: an ulcer flare up, he felt nauseous and dizzy on the flight, he was going from miami to los angeles, paramedics boarded the plane on landing so passengers, he is almost 58 years old and is about to fight the 27-year-old jake paul july 20th, what a fight to see. stuart: make an absolute fortune on pay-per-view or wherever it is being streamed. >> jake paul is about to have a medical event of his own. might want some paramedics -- i think he's going to kick his butt. stuart: okay. we will check him out. next case, the biden/harris campaign is now holding a press conference outside trump's criminal trial. the special guest, actor robert

they niro us capitol police officer harry done. 's with the campaign said outside the courthouse. they are not here because of the trump trial but because the press is here. in one month we will see a contrast between trump and biden in the debate, donald trump poses a threat to our democracy, freedom, and economy. they niro says trump just wants to so chaos across the country. we should hear from the trump campaign soon. right now lawyers are giving their closing arguments in the trump trial, elliott feeling deals with that in our next our. home prices have become so unaffordable some homebuyers we now consider co-owning a home with their family and friends. i see problems right there. mitch rachelle on that next.

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stuart: a writer from forbes says the housing crisis has been a long time in the making. one of the reasons home prices are so high is we are not building enough homes. why are we not building homes? >> land, lumber, labor, land prices exorbitantly high, hard to find and very high because inflation and labor, you can't build homes like regular workers, the challenges if you can crack those nuts, we can create more supply, we don't have lawmakers putting laws on

the books that encourage builders. stuart: you've got the 3 wills but you missed regulations. >> we go to five, regulations at the work level. stuart: and you can't just check them off. >> doing that in california. gavin newsom has put laws on the books to encourage builders to build especially affordable housing. if you want a building permit for new construction and its affordable housing. stuart: there will be court challenges to that. >> the only challenges are the not in my backyard crowd and every time they've gone to court to stop one of these projects, why the judges, they agree with gavin newsom. stuart: a debate that i'm intrigued at. some new homebuyers say they

are willing to co-own with friends or family. co-owned the home with friends and family. >> what can possibly go wrong? friends is one story. i have kids, they have roommate issues so i can only be -- family makes a lot of sense for two reasons. say you bought a home with your kids to help them. there's estate planning, reasons for wanting to do that. not a bad idea in terms of shifting wealth, we are in the biggest wealth transfer in history, baby boomers shipping wealth to jen is the or millennial's. there's legitimate reasons to do so but if you look at the report so many are buying homes, getting parents to close sign on the mortgage, so stretched on mortgage payment that the bank from underwriting

perspective, worried about borrower's ability to pay. stuart: there is a danger there. stuart: >> a danger to mom and dad if kids don't pay. even though they could afford the rent, landlords were like a guarantor for lease. stuart: if i co-owner home is that a way of escaping estate taxes. >> if the home appreciates. and not in your estate. >> and appreciating assets. my appreciation doesn't get taxed as well. stuart: what can happen? >> and contributor. >> i see all kinds of things

but if you can avoid estate taxes by doing this i am in favor. >> google family llcs, do your research, google family llcs, that's the mechanism. stuart: the best for last, google family llc. thanks so much. still ahead. president biden vowed to build half-million ev charging stations by 2030, only 8 could be installed. what's the holdup? richardson has that report next our. mcdonald's franchise owner in california says the $20 mineral wage for fast been wage for fast food workers forced him to raise prices overnight, may need to continue to hike prices. we will deal with that next. ♪

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join the movement to end hunger and together we can open endless possibilities for people to thrive. visit feedingamerica.org/actnow her uncle's unhappy. i'm sensing an underlying issue. it's t-mobile. it started when we tried to get him under a new plan. but they they unexpectedly unraveled their “price lock” guarantee. which has made him, a bit... unruly. you called yourself the “un-carrier”. you sing about “price lock” on those commercials. “the price lock, the price lock...” so, if you could change the price, change the name! it's not a lock, i know a lock. so how can we undo the damage? we could all unsubscribe and switch to xfinity. their connection is unreal. and we could all un-experience this whole session. okay, that's uncalled for. stuart: on the market this morning, the dow down a hundred, solve again for the nasdaq, a new high close to 17

it cracked above 17,000 earlier, 80 points as we speak and today is national hamburger they. fast food chains have special deals to celebrate. kelly o'grady, where can i get if i wanted one where can i get really cheap burger? >> mcdonald's, wendy's or burger king. they are doubling down on the deals, separating their 70th birthday all week long. in addition to national hamburger day you can get a free hamburger from burger king with any $0.70 purchase, are they are offering special deals every day through monday but it's not just today, this is part of a broader push, some are calling the value of burger king, they are bringing back the $5 burger for a few months can you get a choice of a sandwich, nuggets, fries and a shake. they are hoping to scoop mcdonald's, running a $5 promo for the next four weeks. these chains are offering discounts because they are

seeing slowing foot traffic due to higher prices and over the last 5 years the rates of a big mac has gone from $3.99 to $8.28, increase of one hundred%. according to lending tree close to 80% of americans consider fast food a luxury. we spoke to some of those americans today. >> have to curtail going out, it increased tremendously. >> not happy about it. it got into my bottom line. >> the prices are ridiculous now. a meal at mcdonald's is almost $20 for a big mac and fries. it has gone up. >> reporter: they hope the deals will get folks in the door, but they will order other items off the menu so it doesn't hurt them online too much. stuart: former restaurant ceo andy pudzner, we have a

franchise owner in california who says he has had because of newsom's $20 an hour minimum wage, raise prices 7% overnight and has more price hikes to go. can those restaurant survive and prosper? >> there will be a lot of restaurants underperforming, going to go away, good performing restaurants become midland or low performing restaurants as more restaurants close, they, there will be more customers and fewer restaurants but people can't afford these prices. only so much you can do to reduce prices. i was talking to a fast food chain ceo a week ago, saying they will take all their ordering at the drive through and have them in india and the philippines, they will not be anybody in the restaurant, a lower minimum wage, doing what

they can to reduce prices but so much pressure particularly in california. stuart: a separate subject, you've got a piece on foxnews.com, biden's taxed assumption, one thing he gets wrong. what is biden's tax deception? >> keep saying the trump tax cuts cost $2 trillion in tax revenue. that's based on an analysis the cbo did in 2018 before the trump tax cuts had any impact, we have 6 years of history of the trump tax cuts and four years with updated projections by the cbo, they know how it has performed. if we look at those numbers rather than the $42 trillion they predicted for the past revenue, they are generating $45 trillion. it's $3 trillion more than cbo projected and if you look at the number they projected with higher tax rates they said if we had higher tax rate it would

be $44.7 trillion. is $1.3 trillion more than you would have with higher rates, this is art laffer's practice, lower tax rates, lower economic growth, more tax revenue, that is where they prove that. the guy who was a social worker, the council of economic advisers need to stop deceiving the public, inflation was 9%, tax cuts cost $2 trillion, they didn't. stuart: would you like to run a fast food chain again? >> no. it would be difficult. it was hard when i did it. very competitive business, very cutthroat but now the government is making it impossible particularly a company like i had which was stationed in california. i moved it to nashville. that's why it is surviving. if you were located in california i don't know how you would survive.

stuart: glad you are on the show. thanks for joining us. appreciate it. also thanks, appreciate you being with us. let's go get a burger. still ahead, lisa booth on cbs anchor grilling pete buttigieg, jimmy failla saying disney needs to change course to be successful again. zach sage fox says they need to ask questions on the war in gaza. no one could give a correct answer. the 11:00 hour is next. ♪ ♪

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don't like what joe biden democrats are doing to politicized judicial system but it's run