♪ maria: l. 30 minutes before the opening bell sounds for a wednesday, markets are going to open lower, dow industrials down 143. want to thank this incredible panel. ladies, thank you so much. great to have you. and don't miss our coverage live from the republican national convention tomorrow at 6 a.m. to 9 a.m. eastern right here lye from the floor -- live from the floor. stu, take it away. stuart: good morning, everyone. politics and money, that's what we do, and we have news on both. first off, the republicans in

milwaukee. nikki haley said, quote, donald trump has my strong endorsement, period. she went on to say we must not only be a unified party, we must also expand our party. unity was the theme of the night. former rivals ron desantis and vivek ramaswamy made rousing speeches supporting trump the. tonight j.d. vance takes the stage. saturday trump and vance take their show on the road with a joint campaign appearance in michigan. now, on the democrat side the president is pushing two aggressive policies, national rent control and reform of the supreme court. tuesday he gave an angry speech to the naacp. today he's in vegas addressing hispanic voters. you know, it's been a big week for him. his handlers are trying to keep him well rested. he'll be at his beach house by tonight. to the markets, huge rally tuesday. a lot of selling today especially in tech stocks. the dow up 700 yesterday, down about 140 today and look at that

a nasdaq, way up yesterday, down 300 in premarket action this morning. bitcoin, we're looking at a $64,700 a coin. interest rates, the 10-year is at 4.19%. and the 2-year, 4.46 -- no, now it's 4.48. oil still in the low 80s, $81 is 1.63. no change for gas at $3.51, no change a for diesel at $3.85. all right, let's go to politics. the movement to get biden to step aside appears to have stalled. democrats worried about unseating a sitting president after the assassination attempt. now the biden team is trying to to lock in the president by holding, soon, a virtual roll call of dell gates. on the show today, has the assassination attempt changed donald trump? he seemed like a different guy when he walked into the convention monday. there may be a parallel with ronald reagan. after he was shot in 1981, he said his life had indeed changed, he'd been uplifted by

his survival. he went on to a very successful two-term presidency. elon musk leaving california. he's taking spacex and x to texas. he doesn't like california's new rules for transgender students. wednesday, july 17th, 2024, "varney & company" is about to begin. ♪ ♪ >> i was the survivor of a politically motivated shooting in 2017. not many know that while i was fighting for my life, donald trump was one of the first to come console my family at the hospital. >> donald trump is the president who will actually unite this country not through empty words, but through action. because you know what? success is unifying. >> i'll start by making one thing perfectly clear.

donald trump has my strong endorsement, period. [cheers and applause] >> we need a commander in chief who can lead 24 hours a day and 7 days a week. america cannot afford four more years of a weekend at a bernie's presidency. [laughter] stuart: that was good. lauren: favorite movie. stuart: that was a good speech by desantis. there you have it, just some of the big speeches from last night at the rmc. now, the star of the night was trump's main rival in the primaries. no rivalry last night. no. nikki haley says the party must unite around trump. roll it. >> president trump asked me to speak to this convention in the name of unity. we should acknowledge if that there are some americans who don't agree with donald trump 100% of the time. you don't have to agree with trump 1000 of the time -- 100 topercent% of the time to vote

for him. i'm here tonight because we have a country to save. and a unified republican party is essential for saving her. [laughter] stuart: all right. come on in, molly hemingway. she was addressing the independents last night, trying to win them the over. do you think that works? >> it was a really interesting night last night. it wasn't just nikki haley, it was most of the people that donald trump had defeated in either 2016 or 2024. so you had vivek ramaswamy, ron desantis from this cycle, you also had ben carson, marco rubio, ted cruz. and so it really did send this message of overwhelming unity and showing that you can be from a different faction, but the party is united around this candidate. but i also think last night was really special noter for the big name political speakers, but for those everyday americans, some of whose stories were just so con pelling. people were -- compelling.

people were crying listening to them talk about what happens with no border, with fentanyl coming over, with crime, with other problems. and i think that really encapsulates this new republican party which is going to serve the working class, the middle class and really be a governing party going forward. stuart: president biden's reportedly planning to endorse major changes to the supreme court. he wants to establish term limits for justices and impose an enforceable ethics code. listen to biden, i'm going to call it fear mongering, about what trump would do with the supreme court if he had a second term. roll it. >> well, they're going -- there are going to probably be two two more appointments to the court. there's probably two people resign. not resign, retire. just imagine what that means forever. stuart: i call that fear-mongering, mollie. i think it was maybe a last minute hail mary. what do you think? >> well, yeah. and it's threatening the court. he has been threatening the court, actually, since he ran in 2020 saying if you don't rule

the way i want you to rule, i will attack, i will pack the court, i will do other things to destroy the integrity of the court. it's not the first time we've seen this. famously, fdr did this when he wasn't getting his way on some of the ways he was trying to subvert constitutional governance. but the supreme court is really the one institution not controlled by the left right now. also a, you know, might be worth noting the one institution that seems to actually be operating in a functioning manner. but this steams more like -- seems more like a threat than something he could easily accomplish. he's proposing a constitutional amendment to hurt the court. i'm not sure how much the states would support that. [laughter] stuart: mollie hemingway, thanks for being with us. see you again soon, i do hope. >> thank you. stuart: special coverage for day three of the republican convention continues tonight, 7 p.m. right here on fox business. some democrats want to delay a virtual roll call that's scheduled for next week.

that virtual roll call would formally and officially nominate biden. what are they saying? lauren: and shut down all the talk that a there's someone better. so the replace biden movement is back. the new york times is reporting that behind the scenes a group of democratic lawmakers is trying to to get joe to go. they don't want the dnc to nominate him early. a virtual roll call could make him the nominee as a early as the 321st and that's -- 21st, and that's about a month for the d -- before the dnc, august 19th. jared or huffman of california has requested a delay. if you look at polling, it shows at least four democrats beat biden by five points in the swing states. so don't blindly make biden the nominee early or kamala harris. make it open, they're saying, and let governor wes moore, josh shapiro, gretchen whitmer make their case. i'll put in senator mark kelly from arizona. he polls well. stuart: trump and vance are off

together in michigan, i think it's this weekend. lauren: grand rapids on saturday. the themes are make america affordable and safe once again. how to kill inflation and restore law and order. it would be trump's fourth trip to michigan but the first rally with vance. and so biden won michigan in 2020. trump won many 2016. it's -- in 2016. it's going to be tight. how does this midwestern, mostly middle class state take to j.d.? stuart: we shall see. you're not supposed to say it, but only time will tell -- [laughter] lauren: it's new. it's going to be fresh for us, the reaction. stuart: we've got a star on the set with me now, ain't that that right, kevin o'leary? >> good to be here, thank you, stuart. stuart: good to see you. i've got some red on the screen premarket action, a lot of selling after yesterday's big rally. now, the rally that we've seen, i call it a trump rally. what say you? >> i call it a policy rally because that that way i can stay bipartisan. but the market is anticipating

change in policy to be more accommodative for business. i'll give you an example. energy. energy policy. it is very punitive right now. the regulatory environment's difficult. we've stalled nat gas shipping, all of that stuff is an issue. capacity issues, we're not drilling as a much as we could, anwrs has remained shut -- has remained shut. you heard a rather interesting speech by who potentially could be the secretary of energy, and that is burgum. he talked about using the balance sheet of america -- and i'm an investor and i'm listening and, believe me, there's billions of dollars beside me listening -- to reduce debt. that would mean open anwr and tithe it like the norwegians do to a pay down the debt. very interesting idea. if i want to get on that, i want to to go long the energy sector, one of the most important sectors in the s&p, but how do i mow with certainty that we're going to get that a policy. so if you told me -- this is where it goes back to this whole thing about who's the vice

president, who's the president on the democratic side. if if the ticket stays the same on august 7th i triple down on energy. if they swap out the vice president, which is making me nervous because the way to solve this whole thing with biden so to to put someone in there that people actually want to vote for as president. that could be gretchen in michigan. then i'm a little more nervous about tripling down on energy. stuart: okay. next one for you, kevin. we've got the president -- trump, a rather, i'm sorry, he would consider jpmorgan ceo for treasury secretary if he's elected in november, what do you say to that? >> rumor on the street here in new york is dimon wants that job. i think it's a wonderful outcome because he's known as a pragmatic, good banker. i mean, this is really what you want on policy, to bring many talented individuals into the cabinet that both sides like -- stuart: yep. >> i mean, it's brilliant. if this is the new trump 2.0, i

like what i see. stuart: it's winnable guy, isn't it? >> i mean, is he going to be a different kind of president in this second term, it looks like. stuart: please stay with me for the hour, if you will. still ahead, elon musk says he's done with california. he's moving the headquarters of x and spacex to texas. missing directly blames gavin newsom's law which says schools do not need to notify parents if their child changes their gender identity. we're on it. homeland security received intelligence on an iranian plot to aa saws nate trump. senator rick scott on that. the senator is next. ♪

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stuart: futures point to some selling at the opening bell this morning. of course, there was a big rally yesterday. dow's going to be down about 130, but it was up over 700 yesterday. down 300 toon the nasdaq. day three at the republican national convention, and today's theme, make america strong once again. grady trimble is with us. he's actually there at the convention. grady, the focus tonight, presumably, is on foreign policy, right? >> reporter: for sure, stu. that'll be a big focus tonight. but the head of the rnc says that tonight's theme, make america strong once again, actually covers a broad range of the most important issues this election. >> when we talk about this election cycle, it comes down to one question, it is strength versus weakness, and we think that when all a americans take a look at where america was under donald trump, we had a strong

economy, we had a strong southern border and a strong standing in the world, and so right now none of that is the case. and americans want to get back to where we are a strong country. >> reporter: last night it was a display of unity from the gop. we heard from former president trump's primary opponent who stayed in the race the longest, former south carolina governor nikki haley. she called on voters to the the cast their ballots for trump even if they don't agree with him 100% of the time. another former president trump ebbs-political rival, florida governor ron desantis, he went after president biden over concerns of his age anding cognitive -- and cognitive ability. >> as a citizen, as a husband and as a father, i am alarmed that the current president of the united states lacks the capability to the to discharge the duties of his office. america cannot afford four more

years of a weekend at bernie's presidency. >> reporter: and probably the biggest speech tonight is from senator j.d. vance, his first since trump tapped him as a his running mate. what we expect him to do in his speech, stu, is talk a lot about a his upbringing growing up in poverty and his rise to a united states senator and then tying that to the america first agenda. stu? if. stuart: well, he's got a good story. grady trimble, thanks very much. fox sources say the secret service recently increased donald trump's security. homeland security had received intelligence on an iranian plot to assassinate trump. rick scott joins us now, the great senator from the great state of florida, republican. mr. senator, what more do we know about this iranian plot, and why are we being told about it now? >> we don't know enough. so i think it's important for the homeland security, for secretary mayorkas, for the

director of the secret service, for the, for christopher wray all to come out and give us more information. my, you know, we -- because here's what's going to happen. if they don't, it's going to be all a innuendo. this is the problem with our federal law enforcement agencies. we have wonderful people that work there, secret service, fbi agents, they're wonderful. they're try trying to do their job. the leadership has got to be transparent. this is what we know. this is what happened and this is how somebody's going to be held accountable, because somebody messed up. i mean, we should never -- there never should have been shots at the president. so we've got to find this out. they need to explain what iran's trying to do, why this shooter was on this roof. it just doesn't make sense to america. when you look at that video, the shooter was there, what, a minute and a half before the shots were fired and no one stopped him? this doesn't make any sense to americans. stuart: kimberly cheatle is the director of the secret service. she says it's solely her

respondent for security at that trump rally. should she resign or should she be fired? >> she has to be the -- taking responsibility sometimes means you have to say, look, i failed, and i've got to to leave my job. that's what happens, unfortunately. so if it was her responsibility to make sure this was done right, i don't know how she can continue to keep her job. it doesn't make -- the american public expects accountability. in companies we have accountability. i mean, everybody knows that when they go to work. if they don't do their job, they lose their job. well, the federal government doesn't do that, and that's one thing that frustrates americans. if she's the one who set up the security protocols, all this stuff and didn't do the right -- then she has to leave. if it was somebody else, they have to leave. but transparent and tell us how this is not going to happen again. we do not want whether it's biden or trump or harris or vance, we don't want our politicians shot at. it's not right. stuart: there is a suspicion that that iranian plot, which we don't know enough about, is a

plot timed to shake america because we're, there's a degree of turmoil in our domestic politics with biden and his cognitive decline and the assassination attempt on trump. do you get the feeling that maybe now we're going to be tested? >> absolutely. well, first off a, you know, biden has been very weak. he's been very weak on especially take iran. he's allowed iran to have all the a resources now to do all the bad things in the middle east. but the biggest, probably one of the biggest problems we've got is an open southern border. christopher wray testified now, what, almost a year ago that as a result of an open southern border, we now have terror cells across the country. okay? they're going to act at some point. and we've had 10 million plus people come into this country unvetted? if 70,000 people that are not american citizens not with special visas we brought in from afghanistan, we have no idea where they are and we think nobody's going to do anything wrong? that's not realisticment i think we all have to be on high alert.

we have to assume the worst and prepare, prepare to get ready to stop this. we've go if to, we've got to understand there's people that want to harm us. stuart: indeed. >> they want to harm our politicians and our citizens. stuart: senator rick scott from florida, thanks for joining us, sir. i know we'll see you again. >> bye, stuart. stuart: kevin o'leary, should the leader of the secret service be fired or should she resign? >> in any leadership situation, bring them into your office and say, look, what's occurred recently has undermined your leadership. and let's have an open forum, disclose what you know and give them a chance to make their case. this is what i do in the private sector. i've done it hundreds of times with executives. they deserve their chance to make their case openly and transparently as rick scott suggested should happen. however, if it's clear that there has been a breach in leadership or the executional skills are lacking, which may be the case i don't know, but at least they got their chance, then what you say to them is, look, i'm going to fire you, but

i'm going to give you the option to resign. and you can spend more time with your family, which is the classic press release lease. i've got that paragraph i've been using for decades, spend time with their family. it means you whacked them. that's at least the fair way to do it. stuart: kevin, thank you very much, indeed. please stay there. we've got some red ink for the dow. up 700 yesterday, down 13000 now. the opening bell -- 130 now. opening bell's next, and we'll take you there. ♪ ♪ ameritrade is now part of schwab. bringing you an elevated experience, tailor-made for trader minds. ♪

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call or go online to request your free quote today. stuart: a little selling this morning after yesterday's big rally. dow's down 120, nasdaq down 324. shah ghailani with us this morning. i want to know this, when is this rally going to come to an end, and what will bring this rally to an end? >> stuart, there's so much going for the market as far as the rally. there's only going to be a few things going to interrupt it, and it's likely going to be technical things. real frothiness is in some of the indices such as the russell 2000, that's worrisome to some

degree. we saw the russell 2000 up 11.5% in 5 sessions. that's extraordinary. and i think while it's good because in one sense it speaks to the so-called rotation trade where people are looking for, investors are looking for bargains in mid caps and value stocks and small caps, that kind of move says, okay, there's a little frothiness going on here, and i think we're seeing a little frothiness in the financials which have helped lead this market rally. it's all good until it isn't. right now the momentum is on the side of the market. today may be a blip, or it may be the beginning of something which is probably long overdue which is a correction. i don't see it. loild -- i would love to see it because i want to buy any dips that we get. stuart: you think the long-term trend is still up, no question about it to you. >> yes, no question. and i think, again, are we going to the see some overbought conditions and opportunities, they may be ahead of us in the near term. but long term this market has a

lot higher to go. stuart: is it in a goldilocks market? >> yes. it's shaping up to be that. and it's also shaping up to be something of a goldilocks economy. we look at the big picture fundamentals here. inflation numbers are coming down, a pretty great unemployment situation, justin about 4.1% -- just about 4.1% unemployment, and we know that the fed is going to cut eventually. those are all positives for the economy. we've got positives for the economy, momentum happening in the market, so long term i think we can continue to go a a lot higher. stuart: you can almost expect biden to be reelected, couldn't you, with a backdrop like that? [laughter] stock market -- >> maybe not that. stuart: what's going wrong here? [laughter] shah ghailani, thanks for joining us. see you later. the market is about to open. we will be opening on the downside, especially the nasdaq composite. nasdaq up yesterday bigtime, down bigtime this morning. we'll start with the dow industrials. that market has opened, and we're down just 70 points on the

dow, that's it. 40,800 is the level. there's an even split for the dow 30 stocks, winners and loser. s&p 500 this morning opening on the downside, but it's not a huge loss. 1% down. not bad. the nasdaq composite, show me that, please, and that is down 11.7%. 1.7%. 320 the points in the early going. let's have a looked at a big tech, all of them down. alphabet is down just $11. amazon nearly $32. microsoft is -- amazon nearly $2. meta down $13, way below $50900 a share. -- 5000 a share. -- 5000 a share. -- 5090 -- 50 5000 a share. elon musk says he is moving spacex and x out of california. where are they moving? lauren: texas. the reason is immediately

personal. governor gavin newsom of california signed a law, first in the nation, that prevents schools from telling parents about their children's gender identity. can't tell the parent. well, musk's daughter is trans. they are estranged. deeply personal issue for him. so he actually blames her california liberal education for enflaming things. so now he says he's moving spacex headquarters from california to star base, texas, and he's moving, and's headquarters from california to austin, texas. he doesn't think the state should be the parent, and he said he's sick of newsom's policies attacking families and now attacking companies. stuart: kevin, would you as an executive bring your personal feelings into where you locate your headquarters? >> that may be what many people think he's doing, but i personally think that california is a dumpster fire for business. on policy, on the regulatory environment and on taxation. gavin newsom has destroyed his

chance to be considered a presidential candidate because he has so mismanaged that state. it looks like he has no executional skills. and this is just more evidence of i gotta get out of that place. it's great to visit and i do. i would never invest in california. dumpster fire. that's what it is. stuart: got it. finish let me see, take us through some earning before the bell -- i know j&j was out today. lauren: yeah. better report, but their guidance was lower. stock's up about 1%. they've got some great cancer drugs, and their psoriasis drug is a blockbuster, but they lose their patent protection if next year. that would be the but for this story but mostly good. stuart: the dow has now turned positive. it was up 7 to-- 7000 yesterday, now it's up about 101 points. ally financial. lauren: yeah. it's a bank, a fin-tech also. shares are down 3 because they're setting aside more money

for potential credit losses, and their profits fell in the quarter. stuart: citizens financial. lauren: regional bank. their net interest income down. past quarter forecast to continue to be down current quarter because of weaker loan demand. stock is, however, up by 11.5%. stuart: u.s. ban corp.? if. lauren: stock's up 3. stuart: kevin, there is no apparent problem with the banks, regional, small banks, big banks or otherwise. >> i don't buy that. i think the smaller regionals will get consolidated into super regionals. i really believe we'll go from 4,000 down to 2,000 over the next 5 years, but it looks like it's going to be an orderly transition. it's not going to be chaos, and that's a good thing. stuart: the dow is now at an intraday high and awfully close to 411,000. now tell me -- 411,000. -- 41,000. ely lilley, down bigtime -- eli

lilly. i know this is because roche, the swiss company, has a pill, an obesity pill. lauren: a once a day pill and in early trials. you take that pill every day for one month and lose on average 6% of your body weight. that's pretty good. the company does say, look, okay, it's going to be years before these pills are widely available, but it's a great option for people who don't like needles. store stuart absolutely. stuart: absolutely. see, i don't mind needles, but i'd love a pill, kevin. >> it would be much easier. and here's the over thing, you could regulate the dose. in the longevity circles they're talking about this class of drug being able to reduce to occurrence of fatty liver. for gentlemen who drink wine, fatty liver is an issue. i've talked to my own longevity doctors, they say, yes, it looks interesting, but you've got to microdose. you don't lose any weight, but

you save your liver. [laughter] stuart: medical advice from kevin o'leary -- >> no, no, no medical device -- stuart: the dow has a just crossed 41,000. lauren: wow. stuart: how about that? first time -- lauren: we'll see if we close there, but these 1,000-point milestones are happening really fast. just like the $1 trillion milestone for the big tech companies. stuart: that's right. you've got to tell me about taiwan semikicker. they are sharply -- semiconductor. they were sharply lore, and it's got something to do with donald trump, doesn't it? lauren: he's winning in polls. he's up almost 3 points. what he says on foreign policy is now taken as more than campaign rhetoric. and he told bloomberg that the u.s. is like an insurance company for taiwan. and if they should pay us for their desense against -- defense against china. that suggests that a president trump views taiwan's defense as transactional.

add in that they basically own the semikicker space. trump also took aim at the $6.55 billion in subsidies that we gave taiwan semi to build three new factories in the. if he onlies into office, things will change. taiwan's crown jewels are down. stuart: lauren's pounding the table on this one, kevin. what have you got to say? >> it all started in the nato discussions in the first mandate trump had when he asked everyone to pay their tithe. and a lot started to comply because they realized he was serious. i would caution everybody to understand trump's strategy is to use tariffs and these kinds of decisions as weapons to negotiate better deals. and i like that a lot particularly with china, because we need a reciprocal relationship with them. he will squeeze them now that their economy's starting to slow and suffer with tariffs, but that is not the long-term objective. it's to get a reciprocal arrangement. stuart: interesting stuff. coming up, a powerful moment at the republican convention last night.

anne fundner whose 15-year-old son died from fentanyl poisoning blamed biden for his open border policy. roll it. >> i hold joe biden, kamala harris, the border star, what a joke, and gavin newsom and every democrat who supports open borders responsible for the death of my son. this fight is not for me, my son is gone. this fight is for your children. stuart: more on this emotional moment later in the show. a new poll taken after the assassination attempt shows trump leading biden in a major blue state. we'll tell you which one. house democrats warning the dnc against that virtual roll call nomination of biden next week. they say it undermines party unity. karl rove is with us. he'll be talking about that after this. ♪ ♪ come and get your love ♪

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stuart: well, well, well, the dow just hit an all-time high again topping 41,000. it's dropped back a little, but we'll take 41,000. now this. house democrats warning the dnc not to nominate biden through a virtual rule call next week. -- roll call. they think that's a terrible idea, their words. karl rove joins me now. these democrats don't want biden to lock himself into the nomination, do they? can they stop him? >> well, they can by raising a stink about it. and let's step back for a minute. why the virtual rule call? it was a -- roll call? it was a rule adopted in the late spring, early summer by the democratic national committee because at that point ohio state law required both major political parties to to report their, to officially report their candidates to be put on the ballot by august 7th.

and so the democrats said, okay, if we're going to make -- our convention's not until august 19th, we'll have a virtual roll call so that we have biden and harris on the ballot in ohio. ohio legislature came in and said we're passing a law signed by governor dewine that moves that deadline to september 1st. that should have mooted the question of having the virtual roll call, but instead, the biden team, team biden, is so concerned about the growing dissatisfaction with him inside the democratic party that they're going to try and short circuit the convention itself for no purpose at all a except to short circuit it. they don't need to do it in order to get it on the ballot in ohio. stuart: nancy pelosi is reportedly working behind the scenes with democrats who are concerned about biden's mental fitness. we've got a swing state democrat saying pelosi wanted the distinct impression she wanted the president to take himself off the ticket. karl, seems to me the move to get biden out seems to have

stalled. >> well, it has stall thed because of a couple of things. one is the republican convention and, second of all, the attempt thed assassination of president trump on saturday evening. both of those. but it's a brief hiatus. as soon as the republicans get off of the front page on friday morning, i bet you a dime to a dollar that this effort to remove him from the ballot grows. and this is a reason why. stuart, you're important, so i'm using the white board, the first use of the white board during the republican national convention is on your show, let the record show. take a look at the fox poll that a came out on sunday morning. not much attention paid in the aftermath of saturday night's attack, but it asked a quick three questions near the end of the poll. do you think that joe biden's mental fitness and physical stamina, quote, puts u.s. national security at risk? 63% say, yes, including 632% of independents -- 6222% of independents. and 38% of democrats say that. that he's putting our national

security at risk. is he involved in making major decision decisions? if only somewhat or not at all is 63%. so they don't think he's making the decisions inside the white house. and finally, the white house hasn't been honest and transparent about his mental fitness, 71%. so, first of all, they've got deep doubt about him, and then they're not going to trust what they hear prosecute white house about, oh, don't worry about it, he's doing great. it was a cold, you know, it was just -- he'd been on a big international trip. we don't believe that anymore. so the democrats in battleground states and in battleground congressional districts, they're looking at numbers like this in their own individual circumstance. stuart: thank you for betting -- getting the white board out, and the information on it was really good. >> yes, sir. stuart: karl rove, see you later. special coverage for day three of the convention continues tonight 7 p.m. eastern here on fox business.

kevin, is bind going to be the nominee or not? -- biden going to be the nominee? >> i believe he will be. the only chance to change the ticket, to make it stronger to independents is to swap out harris, the vice president, who is probably the most unpopular vice president in history. stuart: and that can't happen, can it? >> well, it could. the it's a compromise situation. if he doesn't want to go, i don't see how they're going to kick him out. but to make the text more appealing to independents particularly in places like michigan, bring in gretchen from michigan. put her in the vp position, and that would make it -- stuart: democrats would go nuts. >> right now the polls don't look good, stuart, and if you're a democrat, you're saying what can we do outside of just removing biden? bring in a vice president that people want to vote for. if you have concerns about his longevity, bring in somebody that you would vote for as president. that's not harris. stuart: okay, we can argue -- >> i think i've done a great case in arguing this idea. [laughter] stuart: you've ignored the reality of -- >> we yes, but you asked me for solutions, and i brought them.

thank you. stuart: thank you, kevin. great to have you on the show. coming up, the momentum was building against biden. looked like he would soon be leaving office. then came the assassination attempt and suddenly the move to get him out stalled. that's my take, top of the hour. trump says he's for tiktok. he argues we need competition in social media. kevin o'leary wants to buy big doc, so kevin's going to deal with that after this. ♪ i wait worried about it. ♪ -- i ain't worried about it ♪ (♪)

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stuart: president biden is reportedly planning to endorse major changes at the supreme court. he wants to establish term limits for justices and impose an enforceable ethics code. west virginia attorney general patrick morrisey joins me now. mr. attorney general, what do you make of that? should the supreme court be reformed in this way? if. >> look, i think what's going on right now is that president biden is looking at the polls, he's desperate and he's going to try to use every lever of power out there to try to obtain victory in the fall. and i think's wrong on every

level. everyone in america knows that the supreme court is meant to be kind of a cooling place. you're not looking for radical changes like biden is proposing. you have individuals who are sitting there, it takes a long time to effectuate change. i give the example of some of the major changes we've made to go after the administrative state getting rid of chevron deference. i've been a.g. for 12 years, we've been working on it for that long. biden is trying to short circuit the process in order to guarantee that his side wins? that's not what the court system's all about, and i think this is a frivolous attempt to influence the election. stuart: two points. they're making this reform move because they don't like the decisions that have come down from the supreme court. >> that's right. stuart: point number one. point number two, it'll take forever if to do what they want to do with the supreme court because it requires changing the constitution. >> i think that's right. you know, just to address the second point first, the reality

is that it should take a while to make changes for the supreme court. you should not mess around with that very easily. and there have been efforts over the years. people remember they were trying to pack the court consistent with what you had finish fdr doing earlier in our history. and i think that american people know this court has actually been doing correct decisions on many of the cases that have come before them. and i know people get a little bit sore, but we've been making really correct rule of law decisions, for instance, proper delegation the federal agencies and deferring to the states. these are things that american people want to have happen. and i would urge everyone take a step back and let the constitutional structure that we have work. stuart: mr. attorney general, thank you very much for being with us today on an important subject. we appreciate it. thanks very much, indeed. >> hey, thanks so much. stuart: sure thing. i want to move on to tiktok and support from mr. trump. trump said and i'm quoting now, i'm for tiktok because you need

competition. if you don't have tiktok, you have facebook and instagram, and that's zuckerberg. kevin, you want to buy tiktok. what do you make of trump's comments? >> i speak to -- i spoke to trump directly about this issue just prior to the senate vote on tiktok when it was becoming the law of the land. he already said prior to or in that he wants competition. that's a known thing. however, now this is the law of the land. he's not against changing, is and this is systems on my part, but -- assumption on my part, he doesn't care who owns it as long as it exists. the law of the land says it has to change ownership into american-controlled hands. now, is trump going to reverse that decision of the nat? i don't think that's at the top of his list. so, yes, i want to buy it, i've set up a web site, wonderful tiktok.com if you want to learn more about it. i just want to make tiktok wonderful again, that's all. stuart: mr. wonderful -- [laughter] >> absolutely. but i don't think trump's going to stop me from buying it, he

just wants it around. stuart: i've got to point out the dow has hit 41,000 for the first time. the nasdaq though, much lower this morning, down 300 points. it's the semiconductors which are falling out of business. that -- bed. that's taken the index down. kevin, thanks so much for being with us. still ahead, guy benson on a photographer calling the image of trump raising his fist dangerous and a propaganda machine. we will deal with it. charles payne on biden repeating his promise to tax the wealthy. i don't think charles likes that. and boston globe editorial board member says, she says women are moving towards trump. 10:00 hour of "varney" is next. ♪ ♪

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