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stuart: good morning. it is 10:00 eastern, tuesday, june 4th. the rate to the money, not much price movement, without a turnaround for the dow industrials, we are up 80 points, a fractional loss for the s&p, small loss for the nasdaq. the treasury yield continues to come down. it is down to 4.33%. the price of oil down today at $72 a barrel. bitcoin holding firm at $69,600. an important indicator just released after the number of open job openings. lauren: the number came in at 8.059 million. labor market is weaker. that number is the lowest level

in three years, february 2021. quits came in at 3.5 million in march. stuart: interesting numbers job openings down to 8 million, lowest in three years suggesting a slowing economy. it is not happening. we are up 50 on the dow, down 50 on the nasdaq. now this. president biden slipped into a wealthy town monday, we don't know what he raised in greenwich, connecticut, he is going full on trump as convicted felon. it is personal. he calls his challenger unhinged a. trump is to been driven crazy by his loss in 2020. is relying on fear, anger and a dose of trump hatred to keep his presidency.

in any normal election year with 5 months to the vote, a sitting president would hype any and all successes. biden has a hard time with that. it is not going his way. he season guilty verdicts, delivering the required results, guilty verdicts, that was his strategy all along. make sure he is convicted and run against him as a convicted felon. the president used that expression for the first time last night and it won't be the last. it's rolling the dice. it to gamble. you've got nothing on the issues and rely on trump hatred. last item. of cbs poll find 70% of republicans and 40% of independents have less confidence in the justice system following the guilty verdict. hard to convince these voters trump, the convicted felon, got a fair trial. second hour of varney just

getting started. roy murdock with me. biden's new strategies to attack trump as a convicted felon. he uses those words. will it work? >> this is an extension of the lawfair strategy that was used for a year and a half, trials in new york and atlanta and washington dc and all over the place and as these efforts against trump to get him locked up in court keep him off the campaign trail his numbers have continued to go up. the conviction last thursday, you see an increase, $200 million in donations. mitt romney coming to his defense. right, left and behind trump because they don't think it's a fair shake. stuart: the republican party,

mitt romney, mitch mcconnell. not trump fans but rallied behind him that his trial wasn't fair. you've got an op-ed, the terminal crile judge. the case against trump was rigged. >> basically the judge turned it into a crime scene. i found a dozen examples of where he made decisions, rulings which weren't just unusual or unorthodox but for law, state rules, broke the constitution. new york uniform rule of courts say you need a method of selection of judges, random process for picking judges, see was handpicked, you go work on this case, already done two trials against the trump organization. six minutes, the issue aware of what the charges against you, charges against trump, the tax case, the option of find him guilty of tax violations didn't come up until judge's

instructions, no evidence presented about this. the jurors were unanimous on all allotments of the crime. this goes back to 1367, 667 years of anglo-american common-law thrown in the trash and the jurors were talking, you can pick this crime and maligning up by any civil crime, never seen before, something that 657 years of common-law. stuart: i was surprised when those 34 guilty verdicts came down. i would not be surprised if he went to jail. >> i would be surprised. as much as they want to get trump, if he is locked up, he is going to win the election. the american people say -- my guess is they will put him on probation or something but make my day, lock him up. stuart: the trial and guilty verdict help trump? >> i do. these people overplayed their

hand, miscalculated and turned trump into a sympathetic figure and made people sorry for him. stuart: up all of voters after guilty verdicts, which way do they lean on this. >> daily mail poll showed his favorability went up 6 points. showing up in new york at this wrestling match, not exactly trump country people screaming we want trump. stuart: we covered that big time. thanks a lot. see you again soon. the georgia appeals court said trump's court date for october, wants to get the prosecutor off the case. what does that october court date mean. >> it is unlikely this case goes to trial before november 5th. this is one of three remaining criminal cases for the former president accused of participating in a sprawling scheme to overturn the 2020 election in georgia.

the da on the case, fani will us on the case and a remains in ship with the prosecutor nathan wade it was no longer in the case, trump and 8 defendeds want lewis removed too. oral arguments for that, october 4th, one month before the election. it is very unlikely. stuart: it is a big deal. biden's law fair is falling apart because he's not going to get the trial. rate lauren: if you do this again, if you put him in court, in jail he wins the election. stuart: there you go. let's check of the markets real fast. green for the dow industrials, 22 points, nasdaq down 50. look at the jolt number, 8.059 billion jobs open.

that alone number. what is your read on that? >> it proves what we've seen, the economy is weakening. with steady, stubborn inflation. steady stubborn inflation and last thing we have to keep an eye on his unemployment, jobs that start on friday. and what everyone is talking about lately is called stagflation. that's why everybody is nervous and what the markets are acting like. they don't want to get surprised but they can see the economy is weakening and inflation is not going anywhere. we start to see jobs falter. we could see trouble. stuart: we have been warned. you are highlighting new research suggesting americans prefer a recession to inflation. really? >> couldn't believe it.

looking under the hood, it makes sense. it was from a labor leader, his numbers would rather have a recession than inflation. that goes against common thinking. people losing their jobs. depression is when you lose your job. in a recession when you do lose your job if you lose your job there's a lot of support with your family, your friends, they can pick you up, say i'm doing okay, pick up the slack for you, put you on your feet at some point but what this labor leader said is when we have an inflationary time and having trouble, everybody else is going through trouble. there is nowhere to turn. you can't get help from anybody because they are paying the same thing. there's less help in inflationary times than in recessionary times which flies in the face of common thinking. stuart: the worst of all worlds is a recession with inflation,

as in stagflation which is what you are warning about. thanks for joining us. the left-hand side of the screen the 10 year treasury yield, 4.35%. we are back to 4. 5%. we come down specifically. let's see what's going on. apple is down a few cents. looking at the movers. lauren: the information is reporting they held talks with china mobile to bring apple tv plus to china, subscription service, more revenue the story is important. apple is down half of 1%. stuart: what is flatter entertainment. lauren: oppenheimer initiating coverage at 190 now going to $240 a share. they keep market share and are positioned to absorb, more states increasing taxes for online gaming.

stuart: flutter is the slang word in england, taking out flutter, that's the name of the company. lauren: flutter your eyelashes. without losing money. stuart: core scientific. lauren: it to crypto currency block chain infrastructure. with an ai company, to help them provide more infrastructure and operations. stuart: migrant accused of shooting two new york city police officers reported across the border last year and already had his immigration case dismissed. the chances of the us getting into a war increases by the day. our military might not be prepared. that's the warning from congressman pat phelan. remember when the president said this about mess on the southern border. >> president biden: i've done all i can do. give me the power.

i asked the first day i got into office. we went today he is expected to announce new executive action on the border. what changed? will it be enough? that is next. ♪ ♪ ♪ 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.

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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, not much movement, the dow is up 70, nasdaq down 70. show me big tech, all of them are down. apple, amazon, meta-platforms, technology, all down today.

president biden is expected to sign an executive order to limit the number of asylum-seekers on the southern border. reportedly the president wants to limit the number of migrants crossing per day. how would it work? >> reporter: we haven't seen the text of these executive actions that are coming but fox has learned in the last 24 hours, there have been 5100 border encounters according to cvp sources. let's go, under this action, the border would effectively close after 2500 daily encounters and only open once encounters falter 1500 a day. under this action the border would close today. the president will use section 212 of the immigration nationality act, the same authority trump used to band

some muslim countries from entering. here's the key text part, quote, whenever the president finds the entry of any aliens into the us would be detrimental, he may by proclamation for such period as he shall deem necessary suspend entry of all aliens or class of aliens. former acting dhs secretary chad wolf had this criticism. >> there are holes in this plan. this plan does nothing to stop the asylum abuse or parole abuse this administration has done, nothing to stop catch and release. i see a lot of holes here. i don't think it is going to work, too little too late. >> reporter: it is unclear if this will tackle the number of known got aways, 1.8 million since biden took office, those are the ones evading capture, not seeking asylum, impose the greatest threat to national security and the question of

why now after three years is the administration, all of a sudden five month before the election they take this action. if it goes into effect today because it has been over 5000 for several days, required to be shutdown, how will they enforce it? is mexico's new president, elected on sunday, willing to take thousands a day back across the border? could be 35,000 a week upwards of 100,000. stuart: bottom line, it's a nightmare anyway you slice it. no leaf blower behind the him today. see you again soon. pat fallon from texas, congressman, your fellow lawmakers senator ted cruz had this to say about biden's border crisis. >> we've seen an invasion at the southern border.

we've seen 11 million people come into this country illegally under president biden, the worst illegal immigration in our nation's history, people are being murdered, children are being raped by violent illegal aliens that president biden and the democrats are releasing and doing it every day. stuart: do you think biden's executive order will do anything to curb illegal migration? cut down the numbers at all? >> you have to consider, if i were donald trump, i would ask why did it take 42 months to take any action? that is almost 1300 days, would have taken donald trump 13 minutes to solve something like this, in fact he had a trickle that became a flood, president biden didn't want to have expedited, build a wall. he also said congress needs to act. a broken record for three years, he finally take some action because people will be starting to vote early in the november election in october and that is why he's trying

smoke and mirrors. stuart: how do you implement the changes being suggested? 2500 a day, have a bell ring when you reach that number? to me, it doesn't make sense. don't see how it is going to work. >> you want to send a message from those countries where they are coming across in droves and say if you come all this way, pay a substantial amount of money and take on the dangers of transit in mexico, you will wait in mexico anyway. if word comes back, don't bother coming in the first place but this is the opposite, he calls them, gives them parole and they call back home and say this is great. stuart: russia says the us could face fatal consequences if we allow ukraine to use us weapons on targets inside russia.

this comes as biden is going to skip the ukraine peace conference and attend a campaign fundraiser with george clooney instead and send vice president harris to the ukraine conference. do you believe the military is prepared to face this new world order? >> if he's going to send kamala harris, i'm sure our problems will be solved. that something else. the problem with russia and ukraine, is russia saber rattles and president biden responds. how about acting instead of reacting? that's that vitamin putin for three years. the fact of the matter is if we set deterrence before the war started might never happen. we don't know that for sure but vladimir putin sensed weakness after afghanistan and that is why he went into ukraine. vladimir putin didn't have any new adventures when donald trump was in office for those four years. of the when you are on the house armed services committee. is our military up to speed, up

to the strength needed for the new world order? >> i wrote an op-ed posted in the hell, we have to be innovative and flexible and client in this new world order, because of technology. some of our weapon systems were working effectively in ukraine for two weeks. we had excalibur and russia used electronic warfare to jam the man suddenly the targets, not hitting the targets or hitting the spots. we have to adapt when they adapt and china is watching. of china deems us a worthy adversary they will invade taiwan. stuart: thanks for joining us, see you again soon. the president has a new warning about election meddling. lauren: there's evidence china is trying to interfere. this is in an interview with time magazine, president biden

says, quote, i think china would have an interest in meddling. all the bad guys are rooting for trump, not a joke. he didn't go into detail but these comments match up with what antony blinken said in april, there were signs that china was trying to influence or interfere in our elections. not just china but also russia. stuart: i would think the bad guys would want more of biden. lauren: i would agree with you because it's an easier hand to play. stuart: thanks. you know things are bad when even the white house can't explain what the president does all day. roll tape. >> share what he did today. we didn't see him all day, no schedule of what he did. >> what i can say is the president, as you know, made some calls. stuart: we will have jimmy failla.

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stuart: on the market this morning the dow is up 90 points, nasdaq down off 42. look at the price of oil. it's coming down, that implies that gasoline is going to become cheaper in the weeks to come. $73 a barrel for crude oil. new york taking steps to prevent social media companies from controlling what children see online. new york wants to give parents more control. how did they do that? lauren: new york wants to require parents have the opportunity to improve before social media companies can use automatic feeds or algorithms and steer content to kids. they want parents to consent to overnight notifications so without parental controls the

content would be listed chronologically. codex say that's important because the algorithms are prioritizing content designed to get attention but it is also addictive and harmful. new york's planus championed by kathy hochul and it would be the first in the nation to regulate how social media content is delivered but the empire state is not alone. it's joining a growing list of and red states taking action in the absence of federal legislation. florida passed one of the most restrictive laws in the country banning kids under 14 from having social media accounts regardless of parents approval, that law will take effect in january. some tech experts say legislation is needed because parents are outmatched by social media technologies but companies are pushing back. a lobbying group tells fox

business politicians are trying to take over the internet and this law is unconstitutional because it violates the first amendment by denying editorial rights of webpages to display, organize and promote content how they want but the clock is ticking, this is the last week of new yorkers later session. stuart: a tricky job. staying in new york, the migrant accused of shooting two nypd officers in new york city reportedly crossed into the us just last year, the new york post says he artie had his immigration case dismissed. john levine joins us now. do we know why his case was dismissed so quickly? >> we don't know where they are going, there's millions coming in. i worry about the ones we don't know about. the migrant encounters, we have no idea who we are not catching. this executive action from president biden to close the

border when it reachedes 2500 or some numbers the most phony thing, where has he been the last three years. this is an election year stunt, the second he wins reelection that will get repealed and i take issue with the word migrant the we just used. i break into your home and refused to leave. am i a migrant? is that what you would call me? i have a different word for that. i would not say migrant, breaking and entering, trespassing criminal is more appropriate term. stuart: what are we going to do about it? the damage is done. >> the damage is done. the only, if you want change at the border you need a change of management, that is the only -- do you think -- stuart: the answer to the border. >> i think that i don't know that he's the answer to the border but i think it is a different kind of approach than we have now.

stuart: michael douglas went to visit israel, spoke to the president, suggested that anti-israel protesters on college campuses have been brainwashed. strong word? >> if the shoe fits. that is partly true. if you go on tiktok it is all nonstop hamas is great, usama bin laden is great, drink bleach, never do your homework challenge, always something horrible. that's only part of the story. when the you look at dearborn, michigan, and see these protests and rallies, i don't know that these are brainwashed people. we had population changes in our country that are very disturbing. as i mentioned on this show before, 57% of american muslims said they believe what hamas did was, quote, justified. that was a poll done shortly after the attacks. i don't know that everyone is brainwashed. there's a lot of people that

genuinely believe and support our enemies and the enemies of western civilization and they are right here in our country right now. stuart: some folks are putting their money where their mouth is like a club you graduate who is giving $260 million to a university in israel. that's quite a move. >> for anyone watching the show right now, if you are thinking of donating to an american university, the most patriotic thing you can do is take that check, rip it up and throw it in the garbage. short of that, give it to a fabulous university in israel, so much amazing research going on, look at the number of nobel prize is israelis and jews have won. can't think of a better place to park your money. at the end of the day, the only way american universities like columbia are going to learn actions have consequences and you can't just spew this vile anti-semitism and anti-americanism. it is a brought anti-western program they have been pushing, not just israel. israel is the tip of the spear. they hate everything.

the ayatollah in iran tweeting go students can we are with you, study islam. it is while. stuart: strong stuff, john levine of the new york post. anti-israel protesters storm the israeli consulate yesterday, monday. how many people were there? lauren: they stormed the lobby of a building that houses the israeli consulate. they were asked please leave, they did not. the police department came in, arrested 70 of them, put them in a police van. neil: san francisco. stuart: in san francisco what are you charged with. spend the night in prison. i would like to hear these things. all right, i will move on. a totally different story. a kindergartner crashed a congressman's speech on capitol hill.

we will tell you what he was doing on the house floor. global orange shortage pushing the price of juice to an all-time high and forcing orange juicemakers to get creative to make ends meet. ashley has the report from central florida. reports after this. ♪ ♪ ♪ (alarm sound) ♪ amelia, turn off alarm. amelia, weather. 70 degrees and sunny today. amelia, unlock the door. i'm afraid i can't do that, jen. ♪ (suspenseful music) ♪ why not?

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stuart: the dow is up 75, nasdaq down 22. burger chain burgerfy filing for bankruptcy. are they going away? lauren: they are a high end

mcdonald's, they just closed another 8 locations, sales are down double digits, losses up double digits, can't pay back their loans, delisted from the nasdaq and considering chapter 11 bankruptcy filing like red lobster. they have many in the south. anthony's coal fired pizza is expensive, good but always packed. don't know what the problem is. stuart: the price of orange juice hit an all-time high thanks to things like disease and supply chains. ashley webster is in the middle of orange grove in florida. how much more is a carton of juice this year compared to last year? ashley: if you love orange juice for breakfast, you are paying a pretty penny. let's look at the numbers.

a 12 ounce can of oj, average national retail price at $4.27, up 83% since january 2021. there are less oranges being produced. things like hurricanes, freezes, greening disease, bringing down production. i find this revealing. florida orange production is down 92% since 2003-2004. 20 years ago, which raises the question, if the prices are so high, you're making out like a bandit. let's ask glenn back whose family has been growing oranges for centuries. you must be doing very well. >> absolutely to the contrary. the elevated price goes along with production.

anyone still engaged does not have sufficient production to cover the cost, many farmers. ashley: have given up their land. they sold to developers. land is so valuable. have you considered throwing in the towel? >> no. i am fourth-generation and there's a fifth-generation neck, waiting in the wings, we will stay engaged if at all possible. ashley: before mickey mouse and the theme parks and the tourists, there was the florida orange. the license plate all have oranges on them. a final step, final step, to let you know how bad it is. they are expecting 20 million boxes of oranges. at its peak in the 90s they would've produced 240 million boxes. that's a huge decline. expect to pay more for your oj. ashley: now we are talking

inflation in orange juice, let's talk about energy bills. how much more are we paying this summer for ac? ashley: up 7. 5% year-over-year. lauren: $719 over summer in three months between june and september. look at that, 51% increase in the past decade. that's nationality. highest in the south. average $858. the reason is it is hotter outside and the power grid is overworked. ashley: we all go to evs. travel agents in turkey cashing in on biden's border crisis, you can purchase an almost luxurious illegal entry, biden opened the gates and we didn't get the vote on it. doctor fauci denies trying to suppress the covid lab leak theory.

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stuart: john roads outshined by his own son on the house floor. ashley: he is 6 years old and graduated kindergarten, sticking his tongue out and eventually you will see him sticking his tongue out. he gestures his hands and when he does of this, he is spelling s a.m. that' s his little brother whose home with mom while he went to work with dad. this is on c-span and the guy went viral. here's the duo on fox and friends earlier. >> you were with your dad, what does a congressman do? what does your dad do all day? >> boring stuff. >> it's a very interesting job. i've learned lots of things you learn from constituents.

lauren: if you want an honest opinion about anything, ask your kid. he does boring stuff. he just graduated kindergarten. they are from tennessee. sand, history-year-old brother, was home with mom and he spent the week in dc with dad. stuart: it is good stuff. check of the markets police, dow industrials up 50, nasdaq down 30. not much price. check big tech police. earlier, mostly down, still mostly, they are all down, our from, amazon, alphabet, apple is back to 193.98. a tiny loss. the price of oil is intriguing, $73 a barrel, on the way down, you can expect gas prices to come down a few more cents in the next few days. currently we are at $3.50 one cents. we will see. 10:51 eastern time.

brian kilmeade, doctor fauci called out for downplaying the lab leak theory. watch this. >> do you agree there was a push to downplay the lab leak theory. >> not on my part. >> really? i think most of the country will find that amazing. 11 seconds. >> i've kept an open mind throughout the entire process. stuart: e-mails from doctor fauci in 2,020 show he called the lab leak theory a shiny object that will go away. what do you make of this? brian: turned it around. is a big critical fox but jon stewart on the stephen colbert show said the wuhan laboratory next year or a platypus, and everyone laughed, use logic. if you went against anthony fauci you might like donald trump and if you agree with anthony fauci you might, you

know for sure you will be invited to all the parties and hang out with president biden. and to kill people. and people like ron johnson saying what's wrong with all these drugs, why aren't you open to more of these remedies and cures being jamming a tube down somebody's 40, a respirator killing them, people die alone in her hospital room is not saving us and instead of being open to not knowing what was hitting us they had no tests, that wasn't his fault. they didn't have hospital beds or anything for doctors to wear. no responsibly for him. when it comes to 6 feet apart, you blame james redfield, can't be critical of the cdc, you spend your whole time being critical of the former president but you have no problem you have to worry about the cdc. stuart: what do you want to do?

some congressman think fauci could be arrested. want to go that far? brian: i don't care what happens to anthony fauci. i would love to see some humility and transparency. i would like to get to his emails. how about the fact the advisory for 20 years, came out and we have text messages showing he talked a back channel. keep this free from the freedom of information act. when asked about it yesterday, don't know what he's talking about. he was your advisor. that was his title but he never advised me. senator menendez throwing his wife under the bus was pretty bad. probably the worst. this might be the second-worst. my good friend and advisor for 20 years, don't know what he does or what he was talking about talking about back channel to me, got to be kidding. stuart: you know stephen smith, he spoke out about the hard

powell on caitlin clark, waste may be involved. >> there are girls, young ladies in the wnba who are jealous of caitlin clark. he -- he is a white girl that is coming to the league. she has burst onto the scene, she hasn't proven herself yet. where the resentment comes in is the hard work, commitment, dedication, pounding of the pavement and all the efforts were in vain until this girl comes along and takes the lead by storm. stuart: i don't think this is good for the wnba. brian: i think you are wrong. we are talking about it. if she came income averaged 11 points a game, they are at 7 and 9, i think they've gotten two wins, i saw the hard powell in real time.

two daughters who play basketball and soccer, i love women's sports and want the best. it's a reason to watch, indiana has a team, i don't know how bad they are the last two years, caitlin clark, lebron james is on her side, pretty sure he's a bladder. charles barkley, i'm pretty sure he is black. they go back to michael jordan not accepting to this day lebron james when he burst on the scene at 18, kobe bryant had trouble being accepted by his teammates. not sure it's black-and-white. stuart: if i want to go see a fight at a sporting event, i will go to a hockey game. kilmeade on the air with us. we will see you later. still had. jimmy failand, kj peak, struggling to figure out what biden does all day. pete hegseth on calling the american flag a symbol of hate. stephen moore tells us why the trump tax cuts should be made permanent.

james comber says congress could be arresting fauci. the 11:00 hour is minutes away. ♪ ♪

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