president biden put in place to make it hard for americans to make a living. cheryl: yeah. it's still going to go back to the the economy and inflation, and maybe this is all a distraction in the election, to your point, because when it comes down to kitchen table issue, people are going to vote in november like those two voters in georgia that i mentioned earlier in the show. >> i think that's one of the reasons why trump continues to rise in the polls. one thing we talked about today is whether or not voters have to turn out for that. but that being said, i think the stock market's going to continue to position all around that trump victory. one thing i cited last week, if the incumbent loses in an election year, typically the market draws down 16-17%. cheryl heller a lot to watch. luke -- cheryl: a lot to watch. ashley ashley webster or's in for stuart varney. hey, ash. ashley: good morning to you. good morning, everyone. yes, i'm in for stu today. let's get right to it.

president biden giving his first public address since his debate against former president trump. he condemned the supreme court's immunity ruling in a 5-minute if scripted speech and, oh, yes, he ignored questions from reporters. meanwhile, former president trump moving to overturn his new york fraud conviction after the supreme court ruled presidents cannot be held criminally liable for official acts x. if this afternoon a for the first time since the debate, the biden administration will be taking questions at the white house. that should be interesting. it comes as a axios veals that biden's aides have given him a, quote, survival strategy after his poor if debate performance which includes calming donors, proving vitality and warning about chaos. we'll see how that works out. let's take a look at the markets for you. the dow futures heading down, the dow off nearly 100 points, s&p and nasdaq down about a half a percent. the nasdaq reported a record

close yesterday, the 21st of the year. take a look at the 10-year yield, down nearly 3 basis points at 4.43%. meanwhile, the 2-year treasury yield, also a down by 1.5 basis points at 4.74%. and what about bitcoin? we like to keep track of bitcoin, see what that is doing and and, yes, it is down slightly. $229 at $62,774. on the show today, a judge dealing a major blow to the biden administration's climate agenda. after more than 20 statements fought back. states fought if back. and and four migrants due in courted today facing attempted murder charges after attacking and robbing a chicago man on a train in broad daylight. and fox has exclusive video of the attack. and, get this, they all listed their home addresses that match if state-funded migrant shelters. it is tuesday, july 2nd, 2024. guess what? "varney & company" is about to begin. ♪

♪ can't hurry love, no, you just have to wait. ♪ she said, love don't come easy, it's a game of give and take ♪ stuart: you have to run away. i love that, diana ross, you can't hurry love. maybe in reference to the democrats trying to get mr. biden elected early? i don't know. as you take a look down sixth avenue on this holiday week, not bad weather for the 2nd of july. if let's get right to the it. democrats want to squash any talk of swapping out president biden at the democratic national convention. good morning, lauren. lauren: morning. ashley: what are the democrats planning to do? lauren: according to a report, hay want to powrmally nominate him about a month before the democratic national convention, so this would be july the 21st. the date insures he's on the

ballot and there isn't an open convention in august. july 21st, actually, is also the day the convention credentials committee meets virtually, so they're trying to do everything they can to say he is the only person that can beat donald trump. ashley: okay. well, we shall see. lauren, thank you very much. now this, a new poll shows 66% of people do have doubts about president biden's mental fitness after a watching the debate. only 66%. 74% say biden is showing that he's too old to be president. well, kaylee mcghee white joins me now to talk about it. kaylee, how do these numbers translate in november? i think they're kind of low after what happened in that debate. >> they might be a little low, but keep in mind that these numbers have been pretty steady throughout this entire election cycling. a majority of americans have been saying for months now that they do not think that biden is mentally fit to serve another four years in office, especially my demographic, young gen-z

voters. we have been sounding the alarm about a biden's mental fitness for the past four years. every single time young voters were asked about a biden's mental fitness, they were the most likely group to say that they did not think that biden was fit to serve another four years. the debate simply confirmed what most americans already felt. and now it's impossible to move past this for the biden campaign because it was such a public display of degeneration on the president's part that you can't just shove this back inside the box. you can't make it go away. that image is permanently seared in voters' minds. so it's really going to be interesting to see how they try and spin this moving forward. ashley: you know, they say they're going to -- well, they're thinking about, kaylee, a kind of a town hall to try and let him recover everything that he's lost, but in my mind after seeing that debate, a town hall would not be a good idea. >> no. the best hinge for biden to do is -- thing for biden to do is go back into the basement at this point, but they clearly a

in panic -- are in panic mode because they're going to have him take questions, unvetted questions, or reportedly, which is a big change from the past several months. and, of course, they're committing to a second debate against donald trump knowing how poorly the first one went. and so this confirms that joe biden has no intention of voluntarily stepping aside. they are committed to seeing this race through even if it harms the democratic ticket in the long run. ashley: i want to get your thoughts on this. bill maher is urging president biden to step aside in a new op-ed. maher says in part, let's move the plot line forward. democrats could not buy with all of george soros' money the enthusiasm engagement and interest they would get from if having an open convention, and in chicago no less, famous for democratic convention drama. this may sound like i'm doing a bit here, but i'm deadly serious that this would be good for the democrats and give them a better chance of winning.

what -- do you think we could see an open convention from the if democrats, kaylee? >> i don't think so. the risk that democrat run of staging an open convention at this point is pure chaos. they would be launching an intraparty civil war because the fact is they have no alternative to joe biden who could really consolidate all of the factions of the democratic party within a very short amount of time. and to bill maher, i would just say where were you two years ago? you know, biden promised to be a single-term president, and and yet no one said anything when he decided to run for election even though the vast majority of americans were expressing concerns about his mental fitness at that point. so, you know, if some of these top democrats would have simply called for more people to primary if bind at the time, maybe they wouldn't be in the situation they're in right now -- bind at the time. -- biden at the time. stuart: very good point. caylee mcguy white, thank you for joining us.

even democrat strategist james carville, he who said it's about the economy, stupid, he's urging biden to step aside. what exactly did he say? lauren: he makes a lot of sense. he's visibly frustrated, you can even say whats if rated, and he says the party and the president need to give the people what they want. watch here. >> we have a country that's 72% want something different. if the democratic party can't produce something different that 72% of people want, then why do we exist in what are we here for? i mean, the country is clamoring for change. and what are we going to offer a them, the same stuff? it doesn't make any sense, jake. give the pima what they want -- people what they want. they want something different. let's give it to 'em. i don't know, it'll be messy. it'll be a mess. and, you know i, that's what change is. lauren: yeah.

that's some raw honesty there. ashley: yes. lauren: he asks that existential question, right? why does the democratic party exist if it can't deliver what the people want, ashley? ashley: that's exactly right. vox pop lie, the people's voice. i haven't heard that for a long time. lauren, thank you very much. let's get to the markets now, drifting a little lower in the premarket. let's bring in kyle wall who joins us now. kyle, okay, you've got some stock picks, and you start with the biggie, really, nvidia. where does this stock go and why do you still like it? >> i think it's more than just nvidia, it's the world of a. a i. now, and the market has been driven by a.i. you look at these stocks, nvidia, it's up 150% once bench -- again. super micro up 1180%. and if you -- 180. and its pe ratio is only 45. the stock's still pretty cheap because earnings have been outgrowing and if moving faster than the price of the stock.

ashley: are there any if other stocks in this space that you like? i mean, insled ya get -- nvidia gets all the headlines, and we know why, it's a behemoth. but what else in the same space that a you like? >> like i said, i really like super micro at these price, but i also like the ancillary industries around a a.i. if you look at some of these nuclear stocks, constellation energies it's up 80%. there was a great article in the "wall street journal" yesterday about amazon and microsoft, they want to start purchasing energy directly from the nuclear facilities. a.i. is driving the need for energy, and the best source of energy is not wind. wind creates energy when it blows, the same as solar. it is nuclear, and you're going to continue to see point of center nuclear where you have these small react sores next to these massive data center, so i think there's a lot more upside to these nuclear stocks as well. ashley: are you generally bullish for the rest of the year?

we're just starting the second half, the markets continue to grind higher. anything out there that worries you? >> there's always things that worry me, like in your last segment you were just talking about the president of the united states and what's going if on with the convention, and we have the election coming up. there's a lot of uncentiabout that. -- uncertainly about that. i think with a lot of these new a.i. companies on the private side like xai, elon musk's new company, they're spending a lot of money. i think he said he's going to spend $9 billion, and that money's going to go into nvidia and super micro. i'm still bullish but with a little bit of a cause of an election -- pause of an election right around the corner. ashley: yeah. you and a number of other, i'm sure. kyle, thank you so much for joining us. appreciate it. coming up next, i want to talk about this, four venezuelan migrants due in court today charged with strangling and robbing a man on a chicago train in broad daylight. you can see the video right there. we've got the full story.

vice president harris, meantime, has become more vocal as concerns grow over president biden's fitness for office. she's reportedly furious that she isn't being considered to potentially take over for joe biden. we'll have the full report next. ♪ ♪ and the world's gonna know your name ♪

what will you do when the power goes out?

power outages can be unpredictable and inconvenient, but with a generac home standby generator, your life goes on uninterrupted. because when your generac detects a power outage, it automatically powers up, giving your family the security and peace of mind they deserve. we don't have to worry about whether we lose power or not. if the utility company does not come through, our generac does. after the hurricane happened, we just want to be prepared for anything. 8 out of 10 home generators are generac, with thousands of satisfied customers. number one thing to prepare for is extended power outages. don't make it so hard on yourself, have a generac home standby generator. and owning a generator is easier than ever. special financing and low monthly payment options are available, and if you call now, you will also receive a free 5 year warranty valued at over $500. call or go online now to request your free quote.

ashley: the opening bell will ring in about 14 minutes from now, and as a you can see, we're expecting a lower open. the dow in the premarket off by about a, well, 119 points, about a third of a percent. now this. vice president kamala harris is in the spotlight as questions are being raised over president biden's ability to run the for re-election. edward lawrence is at the white house this morning and, edward, she's making more appearances but, apparently, that's creating more criticism, right? >> reporter: exactly. and the criticism, you know, what have you done for me ever? the vice president, kamala harris, holds a numb of czar tightens -- titles, but critics struggle to see where she has that made an impact. the vice president trying to raise her profile within the administration over the past three months.

she's made a dozen campaign and official visits in las vegas last week, for example. she tried to help the president move on from his debate disaster. >> this race will not be decided by one might anything june -- night in june. this race will be decided by you. by us. who states -- sits in the white house next year will be determined by what we together do in these next 130 days. >> reporter: the republicans say the fact that she has to do that scares them. >> when i'm in the district, i did a lot of events this weekend, the one question i get from constituents all the time is, who is running the joint? who is in charge at the white house right now? and i think before when robert klain was there, we all knew i the chief of staff was running the joint. we have no idea what's going on over there right now. >> reporter: so in speeches, the vice president talks about

biden's student bailout, also the abortion issue. however, the vice president getting a fact check on x. she wrongly claimed former president trump would ban abortion nationwide. elon musk himself added, when will politicians learn lying on this platform if does not work anymore? the vice president now in california for a campaign speech later on today. she will be speaking in san francisco, and now we're starting to hear a chorus, growing color chorus of people saying maybe the vice president should replace the president on the ticket. ashley, back to you. ashley: hhm. interesting stuff, edward. thank you very much. now this, the ceo of the make america great again super pac said it would be impossible for democrats to replace biden, and any attempt of doing so would just create chaos. congressman byron donalds, republican from florida, joins us now. great to see you, congressman. look, it'sst the big question right now, it's the big one that's hanging over all of this, do you think democrats are going

to drop joe biden? >> i don't know. and to be honest with you with, that's their problem, not mine. i'm much more concerned that joe biden's going to be president for the next six months or so and what does that mean for us when it comes to national security and all the a other issues that the office of the presidency has to deal with? if that's an issue that, frankly, joe biden and kamala harris need to work out, and they need to work that out immediately. when it comes to the presidential election, donald trump's going to be the next president because, number one, we know that joe biden can't do the job. number two, the democrats and the media hid the fact that joe biden is not cable of doing his job -- capable of doing his job. and number three, their agenda has been a disaster. so people are sick of the agenda anyway, then we find out they've been lying to us. so i think they're going to lose no the matter who they put up. the bigger issue is who's running the country and how does that work for the american people for the next six months or so until the next

inauguration. ashley: right. all right. next one for you, congressman. i want you to listen to what president biden had to say about the supreme court's ruling on presidential immunity. listen to this. >> this is a fundamentally new principle, and if it's a dangerous precedent because the power of the office will no longer be constrained by the law even including the supreme court of the united states. i know i will respect the limits of the presidential powers i have for three and a half years, but any president including donald trump the will now be free to ignore the law. ashley: free to ignore the law. that's not true. what's your reaction to biden's comments? >> america, i'm so sorry. i had to roll my eyes because joe biden is the one who has ignored the limits of presidential power. he has ignored federal immigration law and the federal border security law. it is his responsibility to faithfully execute that law. he has not done that.

he's refused -- he's actually done the complete opposite. the supreme court has told him not once, but twice that his student loan bailout is unconstitutional, and he just keeps going around trying to find a new way. that's not being observant of the law. and it is well known that the offices of the government are not allowed to suppress the free speech of the american people. joe biden's administration if did that all through covid-19. they're, frankly, still doing it now. they've tried to stand up some government agency talking about being the office of speech or speech, whatever they want to call that office. they had to shut that down because they were shamed by everybody. this guy has the the unmitigated gall to talk about the powers of the presidency? he has abused those powers every step of the way. so i don't care what he has to say. the truth is when donald trump was president, he lived within the confines of presidential power. he obeyed supreme court rules, he even, he even agreed with congress even when nancy employees she was running the

place -- pelosi was running the place. that's how much he respected the presidency and the rule of law. joe biden has not done that. ashley: talking of eye rolls, one more for you. [laughter] squad member congresswoman alexandria ocasio-cortez threatening to impeach the supreme court justices after their immunity ruling. she said, quote, the supreme court has become consumed by a corruption crisis beyond its control. today's ruling represents an assault on american democracy. it is up to congress to defend you are our nation from this authoritarian capture. i intend on filing article as of impeachment -- article as of impeachment upon our return. your comment on that, congressman. >> i got no comment to her. she should have saved those articles for joe biden just like all the issues i just laid out. the truth of the matter is the supreme court was put into a bind by the lawfare from the biden administration. it's the biden administration that decided to turn and weaponize the department of

justice against their political rivals. so what is the supreme court supposed to do, watch it happen knowing that they're doing things that are unconstitutional against the office of the presidency for political gain? the court made the right decision. we all know that there was an implied immunity for presidents -- [audio difficulty] when they leave office. if they didn't do that, then you have a situation where barack obama is brought up on murder charges because he ordered a drone strike on an american citizen overseas with no due process. ashley: right. >> but that's within the confineses of the office of the presidency. aoc does not care about what a constitutional republic is. she just wants her way, and now shah she doesn't have -- that she doesn't have control over the supreme court, now she's big mad. those articles aren't going anywhere -- aaron ash we'll have to leave it there, but we hear you loud and clear. congressman dons, thank you so much for joining us. the futures heading lore. guess what in the opening bell coming up next.

(luke) this will be a gold mine of local intel. (marci) so, tell us about this corn festival. (stylist) oooh you got your corn pudding... (marci) so...is it safe around here? (stylist) sometimes. [luke gasping] (marci) no eyebrows? (luke) think of how light it'll feel in the summer. we gotta run. eleven thousand more neighborhoods to go! (vo) ding dong! homes-dot-com. introducing new advil targeted relief. the only topical pain reliever with 4 powerful pain-fighting ingredients that start working on contact to target tough pain at the source. for up to 8 hours of powerful relief. new advil targeted relief. things will go wrong for your customers. but your business can make it right, with watsonx assistant. ai that can help resolve problems by understanding your customer requests with 90 percent accuracy.

let's create customer service in service of customers, with watsonx assistant. ibm. let's create.

ashley: all right, let's get what back to these markets. just minutes away from the opening bell on wall street. the markets, as a you can see, pointing to a slower lightly open. let's bring in eddie ghabour. eddie, what are you buying on the dip in big tech? we talk about nvidia every day.

do you think we're in the late innings of this rally? how does that affect your investing? >> right now this market has gotten more narrow hand that -- than i've ever seen in my career, so we have really sold a lot of areas that are out of favor. and it really concentrated into the mega-cap tech names because that continues on the higher quality names, and that's where the money's flowing into. we still have google, amazon, nvidia, qqq account for a majority of our holdings right now. and so we have been buying those on dips. our concern is that this market continues to get weaker in other areas. eventually they'll come after these names, and that's when you'll need to be able to sell. but right now those names still the look really strong, the money flows are still going many in that direction, and they're still performing well. so we're going to continue to ride this thing up as long as a possible but, again, we are -- looks like we are getting to the late innings before we should get some type of correction, and we'll be ready for it. so we're out of the low quality

and focusing on higher quality names here in these late innings. ashley: and also the bond market concerns you. why? >> so the 10-year bond over the last couple of days has really had a big move hire. when you look at a bonds and you look at a oil, it's telling you that the fight with inflation is not over. the one thing this market does not have priced in is an inflation number, a headline cpi number that reaccelerates. and i think there's a high likelihood that happens toward the end of the year. right now it's okay, but we need to get a little breather here over the two weeks on the 10-year. but if we start reaching 4.75 and going towards 5%, the market won't be able to handle that. that's a story for later in the year, but right now it's definitely a warning sign. ashley: right. a cautious eddie gabor this morning. we are now up and running on tuesday, july the 2nd.

it's a holiday-shortened week -- >> thank you. ashley: -- the market's closed for the fourth of july on thursday. let's take a look at the big board right off the gate. the dow off about a 78, 76 points. finish we have -- we have some stocks, more in the red, certainly, than in the green as you would expect. the laggards, microsoft, travelers, salesforce.com. let's take a look at the s&p if we can. we expect that to be slightly lower, indeed, it is. only down about a quarter of a percent. down 16 points and taking a look at the nasdaq as well, of course, the tech-heavy nasdaq had another record close yesterday. that, too, down about a third of a percent, down 68 points. and let's take a look at those familiar big tech names. amazon, apple, alphabet, microsoft, meta. guess what? they are all down. modestly so, meta down almost -- well, it is down 1%. all right, let's take a look at a some of the individual stocks. let's take a look at a trump

media. lauren, they just added to the russell indexes. it's down 2.6%. what's it all about? lauren: wall street is shrugging it off. this is all a part of the annual reconstitution of the russell indices. it prompts a fund manager to adjust their portfolios to reflect the new weightings, and now that includes trump media. stock down 3. ashley: all right. nvidia. of course, we talk about this almost every other sentence it feels like, but anyway, it's a big story. big story in a.i. it's reportedly facing antitrust charges where else? in europe, in france. what's the grounds for this? lauren: so this is, what seems to me, the first a.i. antitrust charges. remember, france raided nvidia's offices a back in september, all part of a larger investigation into the cloud. now there are reports that nvidia's set to be charged by french authorities for things

that could include potentially price fixing, restricting product, setting unfair contractual conditions. we to the not know this -- do not know this. this is what's expected according to report, but it is unlikely now that france has potentially moved in that the european commission does the same. that would be unlikely. ash you know -- ashley: you know, it's one of the main ways that they, you know, make money, isn't it, by taking on american companies -- [laughter] and fining them for whatever. lauren: i mean, it's unbelievable, ashley. i understand that nvidia has this, in some cases it's estimated to be like an 80% market share, but they do have rivals. there are definitely rivals out there. so to make an allegation potentially like this seems unfair to a $3 trillion american gem. if. ashley: yeah. it's par for the course in europe though. let's take a look at uber. s what is, what are the company doing to the cater to tourists in europe? lauren: oh, let me just hail an

uber yacht. it's water transportation -- [laughter] for really popular hot spots in europe. think i brees saw. is that how the brits say it, ibiza. lauren a lauren it makes sense because uber is a global company. it's right there on your phone, and it's highly trusted. [laughter] ashley: do you remember the ads, excuse me, do you have any grey poupon? that's what i think about when i think about hailing a yacht. [laughter] let's move on, take a look at tesla if we can. that stock is up 5%. what's going with on? lauren: yeah. so they just released their second quarter production and their delivery numbers. 444,000 vehicles delivered in the second quarter with, that's down about 5% from last year because of the price cuts. why is the stock up a 5%? the numbers are much better than feared. in this suggests that tesla will extend their low interest rate

financing into this current quarter rather than additional price cuts. so in total, talk about elon musk and the comeback story, tesla has delivered 6.2 million vehicles since 2012. dan ives of wed bush calls this musk comeback story. he says the worst is behind them. cheeps his price target on tesla $275. ashley: that is having very bullish. let's move on to salesforce. shareholders there just voted on a new compensation package for the ceo. did they approve it? lauren: no. marc benioff will not get a second equity award worth about $20 billion. he god a -- got a total salary of just shy of $40 million for 2024, but salesforce second quarter profit and revenue below street expectations, so shareholders voted down that pay a package. and it's not the first time. in recent years other pay packages have been voted down including at bp and 3m.

stuart: yep. if you don't deliver, i guess with you don't get the bonus. now let's talk about microsoft, apparently consolidating retail stores in china? lauren: yeah. presumably because they're just not making enough money with the bricks and mortars. so their products will only be available on their web site and through authorized retailers. so they don't have a direct brick and mortar in china, but they do use third-party retail stores and branded franchise shops. many of them reportedly set to close. microsoft is down $3, $453 a share. ashley: all right, next one for you. tyson making a major change, apparently, to its beef production. what are they doing? lauren: so they're treating cattle with antibiotics more. so what happened about two the decades ago, the consumer wanted more natural meat. so the companies were doing antibiotic-free meet. -- meat. that cost them more because they had to give the herds more

space, better hygiene so they wouldn't get sick. macro, the beef herd is the smallest in 700 years. beef prices -- 70 years. beef prices already ebb pensive, so they're pulling back a little bit on that change. does wall street like it? i don't know, shares up a little bit, 20 cents. 57 each. ashley: kind of a shrug of the shoulders. john deere, very famous company, of course, laying off employees. how many are we talking about? lauren: 600 at a factories in illinois and iowa. typically, you would see the stock price go up in the name of job cut, but this reflects a big problem. there's reduced demand in general for deere's product, and those are the products these factories make. they laid off hundreds of workers earlier this year. interest rates are high, crop prices are low. farmers are buying less because, you know, they can't make do anymore, so this is a sign of of the times. even hundreds of additional job cuts not pushing the success

price up. ashley: a yeah, not at all. lauren, great stuff. thank you very much. coming up, a new setback for biden's climate agenda. a federal judge has stopped the administration's pause on liquified natch at -- natch natural gas exports. meantime, it's mika brzezinski says it's not biden that needs to be changed, it's his staff. listen to this. >> do there need to be changes? yes. managing him, management to his schedule. changes maybe even to those around a him. if. stuart: changes to those around him. brian kilmeade will be all over that story and more. and donald trump is moving to overturn his manhattan criminal conviction after the supreme court ruled that he has immunity for official presidential act as. so how strong is his case? we'll talk about that next. ♪ i told you, homeboy, you can't

touch this ♪

ashley: democrats are blasting the supreme court after its ruling on presidential immunity. they are vowing to reprimand the high court for their decision. aishah hasnie joins us now. aishah, good morning to you. democrats vow to represent the high court? how so? >> reporter: uh-huh. yeah, good morning to you as well. well, things are going to get a little spicy when congress returns next week because progressive firebrand aoc is threatening to file articles of impeachment against the supreme court. it's not clear exactly who she is going after or whether she'll go after all six of those conservative-appointed justices. take a look, ashley, this is what she wrote on x shortly

after that decision on immunity came down yesterday. she writes this: the supreme court has become consume by a corruption crisis beyond its control. i intend on filing articles of impeachment upon our return. now, here's former a.g. bill barr on what this could all mean for the country. >> we're going to do long-term institutional a damage to the united states. and i think the supreme court's doing just the opposite. i think they're protecting our institutions and the processes we have against being disfigured by the passions of the moment. >> reporter: now, that's not all. house democratic leader hakeem jeffries is also promising that democrats will come back and engage in, quote, aggressive oversight and legislative activity to bring those far-right justices, in his words, into compliance with the constitution. over in the senate, ashley, some angry democrats there are calling these justices politicians in robes. and and senate judiciary

chairman dick durbin blasting chief justice roberts in specific here for not forcing justices alito and thomas to recuse themselves. he's also saying he's going to continue to pursue this democratic ethics bill they really want a vote on. it would require scotus to adopt a binding and enforce enforceable code of ethics. back to aoc's impeachment articles. remember, this is just going to be for show, ashley, because democrats are in the minority over in the house, won't get enough votes. ashley? ashley: that's very true, but that doesn't stop aoc. aishah, thank you so much. great stuff. we should also a mention that donald trump quickly moving to overturn his man hat tan conviction after the supreme court's -- manhattan after the supreme court's a ruling. criminal defense attorney mark eiglarsh joins uh-uh -- us now. thank you for jumping in yesterday as well when the opinion was released. i guess with regard to donald trump, what happens next with

regard to the appeal of his conviction? if. >> well, it's a very creative argument. i think politically it's a home run because it gives people hope that there's a chance that somehow that conviction might go away. if the reality, however, solely in the legal framework, i think the chances of judge merchan and some of his higher-ups granting that motion of throwing away the new york conviction -- ashley: yeah. >> -- are about as strong as my chances of finally making it into the finishes ba, and and understand that -- nba, and understand that i'm 56 and my jump shot stinks. it just is not good, it's not. [laughter] ashley: so we can put that one asiding, i'm assuming. i want to move on to this, mark. justice clarence thomas took a swipe at special counsel jack smith's appointment following the immunity ruling. he said, quote, the constitution also secures liberty by separating the powers to create and fill offices, and there are

the serious questions whether the attorney general has violated that structure by creating an office a of the special counsel that has not been established by law. pretty strong words. what was your to that? >> it's interesting, i mean, it's not law. it's a guy who on the supreme court did write in his concurring opinion regarding a different matter that this is yet another barrier to to getting trump that you've got to move prove that jack smith constitutional. in other words, you know, liberty requires a finding that he is properly appointed. and the argument some have made is you can ask taylor swift to prosecute trump, and there'll be just as much legality and constitutionality to it. so that's yet another argument that's going to be made if he's convicted of these crimes. ashley: we'll have to live it

there, mike eiglarsh. thank you very much, mark. and keep practicing the jump shot. keep the dream alive of the nba. [laughter] all right. president biden's campaign already campaigning off of the supreme court's immunity ruling. come back in here, lauren. what exactly are they doing? lauren: they're setting up their new narrative. they're -- we can call this a campaign refresh after the debate. they're a saying if trump wins, he will be on an unthinged quest for power with the -- unhinged quest for power with the supreme court at his back, and voters must not let that happen by reelecting joe biden. so before the supreme court ruling that showed the president does have some immunity, the biden campaign raised $127 million in the month of june, its best fund raising month yet. let's see after this decision that came down yesterday from the high court if those big numbers continue. ashley: be interesting, thank you very much. axios reporting that biden's aides have given him a survival

strategy after a his poor if debate performance, included in the guide, ignore the media. well, he does already. and claim he works so hard that he drains even his young staff. yeah, whatever. we're all over that one. also a, time to hit the road. we're getting an inside look at a america's first smart highway in michigan but what exactly makes this stretch of road so smart? we're going to explain next. ♪ ♪ life is a highway, i wanna if ride it all night long ♪ (♪) car, this isn't the way home. that's right james, it isn't. car, where are we going? we're here. (♪) surprise!!!

the future isn't scary. not investing in it is. car, were you in on this? nothing gets by you james. nasdaq-100 innovators. one etf. before investing, carefully read and consider fund investment objectives, risks, charges, expenses and more in prospectus at invesco.com

ashley: well, america's first smart highway has just been completed in michigan. kelly saberi is there. all right, kelly, what exactly makes this stretch of road so smart? [no audio] ashley: it froze? to no. don't tell me that. apparently, we can't get hold of, of kelly -- oh, we got her back. let's go back. kelly, can you hear us? if. >> reporter: hi, ash. [laughter] this smart highway can

communicate with basically every smart car which makes the possibilities endless. [background sounds] if. >> reporter: congestion, traffic, delays, could all three soon be a thing of the past? >> what are you talking about? that sounds way too much like the jetsons. >> reporter: that's what tyler duvall would have told you 20 years ago when he was a transportation potential. but now he says autonomous vehicles could make driving headaches disappear. >> they're going to be making these vehicles. within the next 10 years you're probably going to have, say, 20-25% of the vehicles sold will have this capability. >> reporter: duval is now the ceo of a company piloting the world's first smart highway here in michigan. the project stretches 3 miles along a portion of i-94 connecting detroit to ann arbor, michigan. using poles in the median outfitted with cameras, radar sensors and wireless radio equipment, eventually the company will be able to communicate with every car along

the entire with corridor. >> the roadway will be talking to the cars, cars will be talking to each other. we can use technology to start allowing these vehicles to operate more efficiently. >> reporter: the towers essentially act as a router connecting to each car and creating a network of information. what one car sees can be instantly communicated to cars behind them by giving vehicles a better sense of what lies ahead. all drivers are safer. >> the analogy i've used is slavuation with. we can tell when there are hazards in the air space that other planes need to adapt to. >> reporter: and, ash a, this isn't just something that's just so neat and futuristic, it's also so important for the safety of our families. the national highway transportation safety administration says the u.s. spends about $3000 billion -- 3000 billion after fatalities in 2023, there were about 40,000 traffic accidents that ended up with somebody dying, so this is a really important step in changing our infrastructure. back to you with.

ashley: any smartness on the roads, i'll take it. kelly, great report. thank you very much and glad we got that in. technology finally smiled on us. quick look at the market as we head towards the end of the hour. the dow still off but we're coming back a little bit. the s&p and nasdaq essentially flat. nasdaq slightly higher now. all right, still ahead on the show, lisa breathe -- booth on the president's survival strategy. congressman carlos gimenez on how the world views america you should biden's leadership. brian brenberg considering a -- on biden considering a town hall, and hal lambert on trump's fundraising haul after that a debate w. the 10 a.m. hour of "varney & company" is next. ♪ i need your love ♪

you know, when i take the bike out like this, all my stresses just melt away. i hear that. this bad boy can fix anything. yep, tough day at work, .. i'm not even thinking about my painful cavity. well, you shouldn't ignore that. and every time i get stressed about having to pay my bills, i just hop on the bike, man. oh, come on, man, you got to pay your bills. you don't have to worry about anything when you're protected by america's number-one motorcycle insurer. well, you definitely do. those things aren't related, so... ah, yee! oh, that is a vibrating pain. power outages can be unpredictable, inconvenient, and disruptive to your life, posing a real threat to your family's comfort and safety. when the power goes out, you have no lights, no refrigeration, no heating or air conditioning. the winds are not letting up at all here. we're going to see some power outages. number one thing to prepare for is extended power outages.

are you prepared? you can be with a generac home standby generator. when a power outage occurs, your generac home standby generator automatically powers up, using your home's existing natural gas or propane, so your life goes on without disruption. you and your family are comfortable, safe, and secure. stay tuned, to get over a $500 value free on the most popular home standby generator in the world. with the generac, we don't have to worry about whether we lose power or not. if the utility company does not come through, our generac does. having a generac takes a lot of the anxiety out of, there's going to be a storm. after the hurricane happened, we just want to be prepared for anything. generac generators are designed, engineered and built in the usa. 8 out of 10 home generators are generac, and have thousands of satisfied customers. how many times have you heard people say,

i never want to go through that again? well, the next time you go through it, don't make it so hard on yourself. have a generac home standby generator. call or go online now to request your free quote with one of generac's nationwide dealers. special financing and low monthly payment options are available, and if you call now, you will also receive a free 5 year warranty valued at over $500. the call is free, the quote is free, and there's no obligation to buy. call or go online now, so the next time there's a power outage, your home powers up. power your life with generac. call or go online to request your free quote today.

olukai sandals capture the feeling of stepping barefoot into wet sand. the perfect balance of instant comfort and lasting support. say aloha to olukai. anywhere comfort. anywhere aloha. (♪)