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ashley: celebration on a beautiful day in new york city, fourth of july holiday week of the markets closed on thursday, holiday shortened week. budget just feels good. it is 10:00 eastern. i'm ashley webster in for stuart varney and let's get to your money. all slightly lower across the board, we will come back a little bit on the dow, offer hundred points or more, now just down slightly, same story on the s&p and on the nasdaq essentially flat. let's look at the 10 year treasury yield which has been slightly lower and that continues down 3.3 basis points. let's look at the price of oil, gained double ground yesterday come up again today, $0.25, 8362 and bitcoin was down slightly, down 435 points, 62,578. some data for you, just got the

latest read on jolts. lauren: jobs that are open on the final day of the month of may. came in harder than we thought at 8.4 million. 8. 4 million is the total number for may that suggests this labor market is tight. ashley: a lot of jobs for sure. 90, 90 jobs or people every job out there per hundred. it's not coming down as fast as they thought it would. the market taking the jolts number very marginal indeed, the dow, s&p and the nasdaq down ever so slightly, we had the june jobs report on friday which some investors have been waiting for but my good friend gary called bomb --kaltbaum is

there adult on the market? what say you? >> reporter: not really, not just one number, it's the trend. idea leave the we are softening a little bit but not that much. i had the same thought process for a while with all the debt outstanding. if we do lose the job market, there's big trouble ahead but so far so good and amazingly so. there are pockets of weakness in different areas but so far so good. the one area i'm watching closely as building, housing, construction, stocks are acting get terribly and i'm watching to see whether that's going to come in because if we lose that part of the economy we will have some things to talk about. ashley: i know you have your money in the big tech as do many but you are worried about other areas,

which areas, you mentioned housing, areas do you think are most at risk? >> this whole year, all i had to own was big tech and it scares the living heck out of me. when we do our scans every night we scan 200 sectors, 1500 stocks. a whole bunch of areas that not only aren't anticipating but are getting trashed. that has to change and could change. one thing we could wake up, transports going again but every day it doesn't happen in the more concentrated we get, the more possible trouble going forward. the good man eddie ghabour said usually there's a repercussion but so far so good at i got to tell you apple, amazon, facebook, and a few others doing the job, fingers crossed it lasts a while but we know

the outcome. i remember what happened in the year 201,999, 10 to 20 stocks ahead of them for life and they all dropped 80%. neil: let's hope that doesn't happen but we hear your message, thank you for taking the time to be here. now this. bargain retailers reportedly driving up airfreight rates. why are these apps costing more to shop? lauren: don't know what it is, a place to buy big macs, they come from china, take a little bit of time to ship your. the issue is they are taking up a lot of space on cargo jets that come out of china, that's pushing rates up in some cases 40% and it might get worse because from member we did the

store that amazon is planning a summer discount service out of china to compete. if you think of airfreight, it used to be expensive, smart phones, laptops, now it's cheap stuff coming in from china and one of the reasons it is so popular, if you bring something in, the costs under $800 you don't have to pay tariffs, it's benefiting the chinese companies. ashley: i will never forget that. looking at some movers, ozone pick -- ozempic. lauren: eli lilly, and a shocker, president biden wants to cut the price ease of diabetes and other drugs. bernie sanders the saying you

got to cut the prices. it to play for votes, to make healthcare and drugs more affordable. take a look at paramount, barry dillard's iac taking control of paramount, the latest twist in a complex effort to sell the company. media companies have offered discounts. everyone is trying to compete with netflix, they have 270 million subscribers, paramount has 70 million. this is video that is disturbing, talking about bowing up one person. there was a flight in europe where 30 passengers were injured after a boeing dreamliner faced severe turbulence, passengers flew out of their seats, one got stuck in the overhead bin. the other make an emergency landing. the seat ripped off the jet because of turbulence.

ashley: that's remarkable. by the way i am flying on friday so that's not a great story for me. the biden campaign is playing defense after the president's poor debate performs, actio spoke with top biden officials and advisers and they say the plan for biden now to survive boils down to this, when, convince the public it was one bad night, 2, use polls to show the debate didn't change minds, 3, worn of the chaos if he drops out and dissent from top democrats, keep elected officials close, reassure the voters, prove his vitality, ignore the media calling out biden and engage the media defending him. lisa booth joins me now. will biden be able to convince

the voters he can be president for four more years, run down that list, we all saw what happened in the debate with donald trump, i don't think any of that really works, what say you? >> i don't believe it works with voters but it might work with his party to keep him in this race as a democrat nominee. can i admit something to you? i'm loving watching this implosion happening. i'm enjoying it, i want to get my popcorn out and watch it. this is a crisis of their own making, they are content with lying to us, trying to present joe biden as if he's mentally equipped to do this job which he know he's not and what we saw on the stages someone who's clearly not here, he's mentally vacant but this is something we have known, something fox business, fox news has pointed out, people have been bringing to america's attention but we were lied to by a lot of the media, they tried to tell us now, don't believe your lying eyes, republicans are pouncing,

the conservative media pouncing, whatever it is, they were perfectly content lying to us and hiding this from the public and now with the debate, it reinforced president biden's biggest liability which is his age and so now they are scrambling so i am enjoying watching them reaping what they sowed. ashley: you think they would have known better because he only operates on a higher level between 10 a.m. and 4 p.m. so with such a late debate they should have seen that coming but there are those including nikki haley who say watch out, there's a possibility if biden drops out he could be replaced by someone younger, more dynamic, more charismatic and that could present a challenge to trump. i can't think of any potential biden replacements who fit the bill but when he would continue? >> i work in politics for a long time on capitol hill, never underestimate your

opponent even if it's joe biden, never want to underestimate your opponent, we shall have a sentencing for donald trump coming up in a couple weeks, with a judge who donated in 2020 to stop republicans, maybe this is his donation this election cycle to try to give donald trump a prison sentence. we don't know but democrats have real issues with the money the biden campaign has raised, their only option the way i see it is kamala harris. if she answers the question on the age but how does she do with michigan, pennsylvania, don't see her connecting with working-class voters. he did terrible in a democrat primary, she's very unlikable vice president but never underestimate the propaganda machine we see behind her, the media would present her as the second coming. i subscribed the mindset never underestimate your opponent, run as if you are 10 points

behind, donald trump should take this race very seriously which i know he is. ashley: he is but it is incredibly fascinating to follow. lisa, thank you very much, appreciate that. now this. cnn host jake tapper going after democrats for defending biden's debate performance. >> he says into gas lighting the american people and pretty rare criticism. >> there's a pattern, discernible pattern of democrat official trying to convince you the public to not believe what you saw and what you heard with your eyes and your ears on thursday night, democratic officials tried to spin this in many ways but behind the scenes most democratic officials witnessed the same spectacle you did.

>> reporter: panic, and the spin continues. reelect joe biden because the supreme court handed trump immunity and unhinged power on everything. ashley: a different argument tomorrow but fascinating to follow. alexandria ocasio cortez says she's going to file articles of impeachment. in response to the trump immunity ruling. in manhattan just hours after the high court's ruling, the very latest on palm beach florida. ♪

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ashley: we were lower at the open and still lower an hour later. the s&p and the nasdaq down less than 10%. look at big tech, stuart varney is smiling because microsoft just hit an all-time high, trading at 456 a share, up slightly, apple up 100%. donald trump is expected to look to overturn his conviction after the supreme court ruled

presidents can't be held criminally liable for official acts. brian, what has been the reaction? >> reporter: this morning, fox can confirm the trump's lawyers filed a letter asking the court to throw out his conviction in light of the supreme court's immunity decision. if he agrees to take this up it could postpone the sentencing hearing which is set on july 11th. 11. the judge could also decide not to take this issue up. the deadline for filing posttrial motions passed a few weeks ago and he could instead direct trump's lawyers to appeal the conviction after trump is sentenced next week. the supreme court ruled presidents have immunity for

official actions taken while in office. in this case trump's 34 felony convictions for falsifying business records is actions he took as president but also as a candidate. the supreme court ruled testimony for private records of a president or his advisors cannot be admitted as evidence at a trial. the legal wrangling begins, ratifications continue playing out, president biden slamming the supreme court and urging people to vote for him. >> president biden: now the american people have to do what the court should have been willing to do. america will have to render a judgment of donald trump's behavior. >> reporter: last night trump reacted to biden's speech posting another attack against his political opponent. this is a bad and incompetent guy, wanted to deflect from his horrible campaign performance. according to a usa today

suffolk university paul the race was tied before last week's debate but after biden's performance trump has a three point advantage with registered voters nationwide. 31% of voters said they were more likely to vote for trump at the debate, 10% said they were more likely to vote for biden. ashley: very interesting. appreciate that. aoc called the ruling and assault on democracy. she plans to file articles of impeachment against the supreme court justices, don't know which ones but we will see. congressman carlos jimenez from florida, this is purely symbolic, this isn't going to go anywhere in the house. >> reporter: good luck with that, shouldn't go anywhere.

the supreme court has affirmed 200 years of precedent in terms of what a president can be charged with. their hair is on fire but that is what happens with democrats when they don't get their way. ashley: looking at comments, predictable, one of them said the founding fathers did not intend for our nation to be ruled by a king who would act with absolute impunity. is that an overreaction or what? >> absolutely an overreaction, and can't prosecute a president for official actions because that will handcuff the president in making decisions, be prosecuted later on. that's what third world

companies do, what america does in its ruling, affirming 200 years of precedent in this country that worked pretty well for the united states. ashley: secretary of state antony blinken came to biden's defense for the poor debate performance. >> what the world has experienced, not in one night, is exactly the kind of leadership he has brought to bear, around the world. you see again and again that confidence in american leadership has gone up dramatically the last 31/2 years. a product of choices, the product of policies we pursue, the product of our engagement and they see president biden having led the way in all those areas.

ashley: the administration clearly on defense. can they convince the world that president biden can lead? >> the world is on fire. a lot of it has to do with the fact that secretary blinken, the worst secretary of state in american history is leading the charge, defending biden's administration and his decision. this is the same guy that orchestrated the 51 former intelligence officials to write a letter saying of a hunter biden laptop was russian disinformation, interfering in the 2,020 election. i don't believe a word that comes out of secretary blinken's mouth, the biggest serial liar. i know how to tell the truth, he never told the truth in his life, everything the democrats say, everything biden says,

blinken says, believe me, it is completely the opposite. the world is on fire, we are in a worse situation than we were under donald trump because president biden is the president and antony blinken is the secretary of state. ashley: that's good place to leave it. congressman jimenez, thanks for joining us today. look at this footage. a man was strangled and robbed on a chicago terrain. four venezuelan migrants due in court today. what are they charged with? >> reporter: aggravated battery and strangulation. fox obtained this exclusive footage of the attack. it happened in february, shows the migrants beating up and robbing the 49-year-old man and we are learning their addresses

as a city run migrant shelter. if convicted on those charges. ashley: thank you very much for that. arkansas, the attorney general says the companies involved in data theft. the supreme court declined to to rule on state laws curbing the power social media companies have when it comes to moderating content on its platforms, the move set the cases on lower courts for further review. the full report next.

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ashley: look at the markets, slightly lower, fed chairman jerome powell participating in a ecb policy. you can see christine lug guard. powell said there's quite a bit

of progress but needs to see more evidence, reducing interest rates can inflation reports from april and may show price pressures are fading, reiterating the fed wants that progress to continue, nothing really changed the markets, saying same as you are. you are looking at other movers, tesla right off the bat, nice and the higher, more than 9%. >> of 5% drop in deliveries, the price cuts worked to spur demand, this is the most undervalued ai play. they have the big robo taxi event next month, they are working on artificial

intelligence, this is the stock of the month. it is upgraded to the equivalent of a buyer. that is about 23%, they can make money from facilitating the transaction process. the buy now pay later stock is lower. they say they believe personal information was compromised not because they were hacked but evolving bank was, a third-party issue were. ashley: thank you very much. back to the supreme court on other issue, side stripped ruling, florida and texas laws limiting how social media company's regular 8 content violates the first amendment, the high court sent the issue to lower courts.

>> social media platforms have a first amendment right to moderate content and states governments can't infringe on it. florida and texas passed these laws preventing sites from censoring content for political candidate. the language of this bipartisan decision makes it difficult to go much further. by interest in better balancing the marketplace of ideas in case after case barring the government from forcing a private speaker to prevent, present views in the spirits, they argue these platforms infringed upon a user's right to free speech. the attorney general say big tech censorship is one of the biggest threats to election integrity.

i will keep fighting for the law that protects texans voices. we spoke to the general counsel in this case who says this ruling isn't backed in for all americans, even conservatives. >> you have the liberal justices making it crystal clear to new york, california, if they want to force conservative websites to host content that holds -- they don't want to host, california and new york and do it. this is a huge win for individual debris, businesses, and free-speech. ashley: in ruling, the first amendment right, in the blue states, can't do the same. more to figure out here. ashley: great stuff. i want to get to this, arkansas

is suing over deceptive tactics to calm consumers. arkansas attorney general griffin joins me now. you claim teemu is involved in data theft. what kind of data? what do you mean by that? >> i've been in the army reserve 28 years and i can tell you the threat from china is not new and i enforced a law that had to do with chinese property here. we have the investment of the chinese from that transaction. as it relates to team you -- teemu, it's not an online marketplace, a data theft

business as a means to a end. it is common for an online marketplace like amazon and walmart to collect consumer data is the normal course of business. what teemu is doing is selling goods at rock-bottom price not to make a profit off of those but as a way to get into your phone, your device and collect data, not just traditional consumer data, to have complete access to information, the code is written in such a way, to

evade detection. several violations here, and we have a violation of the arkansas deceptive trade practices act, against the backdrop of who owns the company, who operates the company which are chinese communist officials. the traditional market. ashley: i want to get to this issue, donald trump is asking the judge to throw out the guilty verdict after the supreme court granted him some presidential immunity, do you think those charges are out?

>> what i would say about the distinction the supreme court made, there's been a lot of hyperbole about it. in the earlier segments, it is slippery making the distinction between official acts, in doing so, to a large degree simply taking precedent, weaving it into what we have in this new opinion. a lot of the wringing of hands and gnashing of teeth as relates to this opinion is misplaced. a lot of it is election year posturing. it is silly season.

ashley: right. attorney general griffin, attorney general of arkansas, thank you for joining us on the issue of teemu but also donald trump as well. we told you how bernie sanders is pushing for four they work, greece became the first country in europe to introduce a 6 day working week, details on that. house republicans tired of waiting on federal agencies, taking gay action. proposing massive cuts to agencies with employees who refuse to show up to work. mike emanuel will have that report next. ♪

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ashley: take a look at these markets. the nasdaq has turned positive but very bodily, the s&p and the dow essentially flat at this hour. house republicans fed up with empty office buildings are taking action to force federal employees back to the office. what are they doing to accomplish that? >> house republicans blasting what they call astronomical numbers showing up for work. targeting a 2,023 office of personnel management, education

is only using 17% of its space in its washington offices, health and human services only using 19% of its face in washington so there's a proposal in the house for 50% cut of the administrative budgets of those agencies. >> we are trying to get back the way it was before covid and make sure we have these buildings in washington dc. there's very few people in it. that's a waste of federal resources. >> reporter: white house chief of staff also raised this concern about federal employees working from home. >> we don't have the return to work levels across the federal government. we are headed in the right direction but that's an area we need to focus on.

>> reporter: the union representing federal and dc government workers says remote work is an important part? >> federal employees make far less then state and local government counterparts, performing the same jobs. the federal government needs every tool they can use to recruit and retain. >> reporter: the change could cause a brain drain of experienced folks leaving government. ashley: one european country introduced a 6 day work week. when i saw that headline, i thought probably germany. it is not. lauren: greece has a 48-hour work week and it just went into effect yesterday.

this is for private businesses, employees can choose to work an additional 8 hour shift every day which gets you the six days or they can keep the 5 day week and work two extra hours every day. greece needs to do this because of their shrinking population and shortage of skilled workers. the labor unions are unhappy, but greece working more than some americans. ashley: you've seen everything just when you think you've seen everything. coming up, msnbc's makeup burzynski was not happy when i guessed suggested kamala harris replace joe biden as a democrats nominee. brian kilmeade will take that on next. ♪

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ashley: we take a look at the markets, they are treading water. it comes up to 10:51 on the east coast if i speak slowly

enough which means brian kilmeade joins me now. take a look at this, bill marr wants biden to step aside and allow an open democratic convention. do you think democrats should push biden out and have an open convention? >> a couple things going on, does not want to see donald trump president, bill marr is also embarrassed about some things democrats stand for. gendered dysphoria as a platform to talk about wigged men dressing in girls bathrooms that we have been seeing, dei programs, the anti-semitism raging on the democratic side, abandonment, i watch his show, are you still like his panel. i used to think that might be a good guest but now he is

horrified by what he is seen but i'm worried about bill maher. he's living in california, thinks he wants gavin newsom to one for president. you got to be kidding me. gavin newsom, 44%, everybody knows, he will secure homelessness, the worst in the country come we know law and order has gone out the window, a crackdown on his outrageous ags, he has failed when it comes to the border and you want him nationwide? forget it. ashley: okay, looks good on camera but he has nothing to back him up. anyone else you think could jump into the spot? brian: if you are governor witmer, if you are the governor of kentucky and fancy your self president why would you jump in

and take on trump? you don't have big recognition, haven't thought about how you want to be profiled. you only have a moment when america is ready and you are ready at the right time. they run again and lost and labeled as a loser, why what i want to take over this mess, democratic party that stands for nothing after 3.5 years of epic failure. you want to pick that up, run with that? legally i understand it. the only person that can utilize the biden money is harris. who is going to go, it's going to be the governor from kentucky will say to the vice president, step aside, i am better than you, what's left of the democratic party as they build each other up.

ashley: msnbc host micah burzynski gets annoyed when her guest suggest kamala harris could replace biden. listen to this. >> we go with someone completely untested, completely inexperienced because they seem cool? i'm not going to do that, someone who has performed this will -- >> the semi-middle ground is kamala harris, there's some experience debating republicans at this level including donald trump, the logical extension. they are tested, big sign here in arabic. ashley: we are almost out of time but wasn't harris always biden's backup? wise that why that option so upsetting? brian: they don't get along, jill doesn't like her, she was forced because of his political correctness. got to pick a woman, got to be

a woman of color, down to two so he picked one that didn't like him. there's only five people according to politico the deal with the president and regulate. everyone else has been locked out including the vice president. we know we've been watching this decline. until somebody has the idea to debate in june and get what they wanted and looking at the carnage afterward. if trump blue up, why did trump accept it? he blue up on his own terms. ashley: we have to leave it there. they should have the debate between 10 am and 4:00 pm. great to see you, thank you. still ahead. brian brenberg will be here, former us attorney guy lewis and patrick morsey. the 11 am hour of "varney and company" is next.

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