>> we'll see the ads at the super bowl. >> to my friend railing against teachers bringing their political agendas and biases in, you go. maria: how about teachers teach about democracy and not politics. stuart varney. stuart:: well, it borders on hysteria, it's unprecedented. the democrats opposition to donald trump knows know bounds. good morning, everyone. last night before the president revealed neil gorsuch as his pick, top democrats and republicans were invited to the white house. every single democrat refused the invitation, at best bad manners. and they refused to attend hearings for mnuchin. and that's obstruction.

even before the supreme court pick was revealed, democrats were having a scorched earth, we have loyal opposition calling our president unpatriotic. stocks are higher this morning and donald trump is dominating the news again, meetings at white house and plans for executive orders. >> it's the live action presidency versus stop everything democrats. "varney & company" is about to begin.

begin. >> today i am keeping another promise to the american people by nominated judge neil gorsuch to be for the united states supreme court. >> that was a great unveiling, the speck cal. >> it was like a tv show. listen to nope. >> as far as your family is concerned, if you breathe air, drink water, eat food, take medicine or any other way interact with the courts, this is a very bad decision. well outside the mainstream of american legal thought, not committed to supreme court precedence. >> i guess she opposes the justice. do you think? get at it. judge andrew napolitano. >> the house of representatives

doesn't get to vote on this. >> i want to advance this for a second. i think that mr. gorsuch will get the 60 votes that he needs in the senate and i say that-- >> you are one of the few who thinks that. >> let's tell you why, those are ten senate democrats all up for reelection next year and all come from states which trump won in the election two months ago. >> yes. >> they're going to be thinking, gee, if i oppose this nominee. >> in order to please chuck schumer, i might not have a job in years. >> that's where i'm coming from, i think he'll get the 60 votes. are you going to take me on on this? >> no, i'm not going to. i admire, i don't necessarily share, but i admire. this is a worthy successor to justice scalia. three areas they'll go after, one, outside the mainstream of judicial thinking, what do they

mean by that? there's a supreme court opinion called chevron, which basically says, for administrative agencies like the epa, the court should defer to their expertise. justice scalia said that's nonsense, they don't have expertise, they're politicians. judge gorsuch agrees. if they want to regulate a mud puddle in your back yard, they get to regulate it you have to prove why they can't. and under scalia gorsuch they have to demonstrate what they're doing on the property, and what the regulation is, is switching the burden of proof. >> let me bring this out here. it seems from what you're saying that justice gorsuch has a different view of the relationship between government and the people. >> yes. >> than most other justices. >> one of the reasons i smiled so much in the past 12 hours because he has a healthy skepticism about government. even more so than justice scalia, particularly with

respect to government when it regulates the economy and interferes with the use of private property. they're about the same on civil liberties like speech and privacy. when it comes to economics, judge gorsuch is more skeptical than justice scalia. >> i've seen a political scale far left, far right. and they put justice gorsuch right around where justice scalia was in terms of conservative politics, would you agree with that? >> i do agree with that. even though he's not as outspoken in his 49 years as justice scalia was in his 79 years, just the little that we know about him is, he is a western leave-me-alone conservative, person who loves the land. values the land, volumes the

government, but so devoted to constitution he will produce decisions for which he disagree for which the process is pure. >> there's the scale on the screen now, justice gorsuch is out there with justice thomas. >> it's probably true and certainly some democrats will jump on. look, one of the reasons they're furious because they wrote a book, in the book there's a the following sentence, who could disagree with this sentence, it's always wrong intentionally to kill an innocent life. the left is going berserk on the one line in the book about euthanasia. we're in for interesting times. ultimately he'll be on, the question is when. how long can they drag it on. >> thank you. i hope we see you in 11:00 hour. we've done politics, now maybe the money. maybe the markets are settling down after jittery.

he had a good day. how about apple adding 37 points to the dow. up almost 5%, premarket with a move like that it must have been a good profit report yesterday and liz, you've got some numbers for me.

tim cook had dinner with ivanka and jared, and-- >> bringing the money back a quarter of a trillion dollar and new visas you want from silicon valley. >> there's lots that the industry wants from the government. >> more from you later. facebook, we've got the numbers later on today. that's later. the focus for facebook, they're looking at streaming on boxes. >> it's a portal for video, it's putting facebook in the tv world and reportedly talking to other media to license-- in other words, you have-- do you have a smart tv? you click on it and it's

operating like a tv channel. >> what do i get on it? >> they're deciding the form, another competitor trying to get investigation ad dollars and this is their future, video. >> i've still got to have my cable connection. >> no you don't need-- you need internet access and that will provide the different-- >> you need your grandkids to help you figure that out. >> starting question, the answer is no. >> i do understand it. >> it's an app that provides content. it's another television channel called facebook. >> my smart tv has a line across the bottom with amazon. >> correct. >> and then it will have the netflix and facebook app, i'll click on it and bingo on my big screen >> whatever they want. >> this is something that people talked to about ten years, you would have one

screen in your house and all that you needed. >> and facebook is up in premarket trading because of that, i do believe. >> you made me understand it, you're all right. well done. we've got another day of action, this is a live action presidency and it's in full progress. two events at the white house that we're watching, 20 minutes from now, the president will be hosting a black history month event. 11:30 eastern, he meets with supreme court groups and you'll see that unfold here on the program and now this, oh, oh, warren buffett bullish on president trump? buffett bought $12 billion worth of stock since the election. are we now to believe that warren buffett backs tax cuts for the rich? because he's cashed in on it. >> yes, he has. >> my goodness. democrats doing everything they can to oppose and obstruct everything president trump does. we've got a laundry list of examples. democrats in california making a serious push to turn the formerly golden state into a

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>> let's get back to politics. we know the market's going to open higher. look at that bottom right-hand corner of your screen. let's do politics. democrats have decided on allout opposition to president trump. i'll give you examples. democrats did not show up for the gorsuch meeting at the white house prior to his selection. the price and mnuchin committees delayed because the democrats did not show up. senator al franken hijacked the sessions hearing. you're going to see that. congressman ellison holding a news conference with the a.c.l.u. and khan about the executive order on immigration. that's identity politics and just listen to democrat leader nancy pelosi caught on a hot mic forcing a fellow congressman to say he's a muslim.

>> a muslim member of congress. >> from the great state of indiana, i'm congressman andre carson. >> yeah. >> not only do i represent indiana 7th congressional district proudly, but i happen to be a muslim and a former police officer. stuart: well, he did get to it. on the prodding of leader pelosi. joining us now, duncan hunter, republican from california. this is allout war against everything trump. could it backfire against the democrats? what say you, sir? >> hey, stuart, yeah, totally. here is what this is. i'm going to take my ball and go home. that's what's happening right now. president donald trump won the election, i think chuck schumer is crying over that still. it's probably going to take democrats a little bit still to realize that they have a new president. it's not hillary clinton, sorry about it. but let's get on with running the nation.

don't actually sit out these hearings because they aren't coming to the hearings and arguing, they're simply not showing up. i think it's pretty childish, frankly. stuart: but it's successful in the same that some cabinet picks have been delayed indefinitely. for senior positions like treasury secretary. you've got to say there's a certain degree of success in this delay program of the democrats. >> sure, but you know, this is going to backfire on the senators that are in states that trump won because the people of this country right now, i think, they just want to get stuff done, including my generation, millennials, they just want stuff done so if you're attitude is i'm going to take my ball and go home and not sit and discuss this, we're not going to have a debate on it, we're just going to not be there at all to delay stuff, yeah, that will backfire on them to some exent. they're not going to back fire in states that wouldn't vote

for trump anyway, new york and california. but they'll back fire on those who want something done in congress. stuart: and there's a serious move to make california a sanctuary state for illegals and looks like a serious effort that might succeed. you're a republican from california, what say you about this? >> it's too bad. the people of california want good employment, national security and they want to have health care work hard, make a living. the liberal elites of the state if they want to cut california off from all federal monies that's infrastructure money for roads and bridges, that's education money for high schools, elementary and middle schools, that's grant funding for universities, that's all the federal monies that go into california, if they want to do that then that's fine. they can be a sanctuary state. get no federal money whatsoever and that's simply going to hurt californians. california is on the leading edge of stupid when it comes to the way that we're governed. we have extremely high taxes,

extremely poor infrastructure. it's being run into the ground. so if the leaders like gavin newsome, guys super far left liberals that run the state if they want to cut out federal monies that's fine and i think that california is going to grab them by the collar and say fine. if you want to play chicken, if you're a sanctuary state, you get no federal money, california. stuart: i'm waiting for california goes republican for a president, and before i'll die. [laughter]. ashley: sales for january, overall sales for fd down 1%, but better than expected, actually. looking at some individual numbers, the f-series trucks, they are the best selling in america, up 13% in january so the truck sales continue to be strong for ford. stuart: as we've been saying all morning and yesterday and the day before, democrats were in an all-out war against

anything trump. is that hurting your money? good story. we're on it next.

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>> money and politics, that's what we do. i'll tell you about money, the stock market is going up this morning. now politics, the democrats were in an all-out war against anything trump. the gentleman on the left-hand side of the screen, steve mnuchin can't be confirmed as treasury secretary because the democrats won't show. and david, you've followed this, stop trump at all costs. my question is, is it hurting our money? >> it could hurt your money because look, the stock market's rallied since the election because of the perception trump's going to get through and the republicans going to accomplish tax reform, but this is not just let's give a nominee a rough time, but if it looks like to the markets that you're going to hold this thing up indefinitely, then the market will pull back on their assumptions about tax reform and what would you do if you're a corporate investor?

officer? you assume right now that you're going to be able to either this year or early next year, you can have complete expensing, immediately, of all investment. now, you have to say, well, what if this is a sign that the-- that we're not going to see that or not going to see that for several years? that's going to be factored in market pricing. stuart: so, we have to follow carefully what mr. trump can actually do this year 'cause that's going to be important. >> absolutely. stuart: david, hold on for us, please. the market opens shortly and i i want your coverage on that one. the market is opening shortly and we'll be up 70, maybe 75 points when that opening bell rings. we'll be back for that.

>> well, we open this market in 45 second. i have to tell you it's wednesday morning, monday and tuesday were kind of rough days for the market. it went down. it wasn't a huge loss, a lot of it was a reaction to the fundamentalbling and the poor implementation of trump's executive order on immigration, and a lot of it was the speculation about a delay in the tax cuts maybe until next year. we haven't heard that repeated, but a delay is possible. those were two big negatives

for the markets in the first two days of the week. as we run up the opening bell the third day this wednesday morning, we are likely to see a gain for the dow, 70, maybe 80 points. maybe the market is stabilizing and normalizing. mr. trump did have a pretty good day yesterday. we're off and running, 62 points straight up out of the opening bell. most of the stocks on the left-hand side are in the green. that means there's a preponderance of stocks going up. dare i say it, president trump had a pretty good day yesterday, maybe the market's settling down after two wobbly days. i've got to bring to your attention apple from the get-go. they had strong numbers yesterday in the profit report and a pile of cash, nearly a quarter trillion dollars. the stock's up 5%. a big move for a company the size of apple. $6 higher. who is going to cover all of this? who is going to help me out. you're on, ashley webster is

here. and liz macdonald, shah gilani is here and david schmick also coming in for the opening bell. apple reporting, remember the cash pile, a quarter trillion. now, president trump, i keep calling him. ashley: donald trump. stuart: president trump he wants the cash back to america. is he going to do a visas for cash deal with apple to bring that money back here? bring the money back and we'll give you visas. what do you think, shah gilani? >> i don't know. i wish he would. i don't think there's any harm. if that cash comes back, i think it's got nowhere to go, but up. stuart: do you think that money will come back somehow or other? >> of course. this is the deal maker, donald trump's mode of operation, first punch you in the face, say something outrageous about your ancestors and sit back and come in later and talk

privately reasonably and strike the deal. stuart: and the money comes back? >> he'll strike the deal and he will be sensitive towards, you know, women and other mierts that have been denied access. stuart: the general motors car sales numbers just coming in. ashley: yes, down 3.8%. they were expecting a gain of 1.2, i know you don't like estimates, but we give it some measure to show you the bad miss for gm although still a positive outlook which may help the stock a little bit. down 20 cents. stuart: okay and dow industrials are now up 83 points, so, can i say that the market settled down a little bit after a couple of wobbly days? settling down, shah gilani? >> yes, it never did drift down too much, it can't go up consistently. there's back sliding in terms of the politics and marks are coming down on that, but it's really firm. anytime there's nothing

negative, the market wants to go up. stuart: it's a raging bull? >> you have to be at this point. stuart: we're 50 points away from 20,000 again, onward and upward from there? >> and we get up there, a lot of folks on the sidelines are coming back in. the market has nowhere to go back up. anything can knock it down, but underneath the-- >> famous last words, the market has nowhere to go up. fervent hillary clinton supporter warren buffett bought $12 billion worth of stock after the election. that's interesting. warren buffett was always opposed to any and all tax cuts, but now he's cashing in on the prospects of tax cuts from president trump. liz: it's a reversal of george soros who lost a billion dollars who went bearish after. what is warren buffett investing? the american airlines, delta, southwest and united. stuart: wait, wait, wait. ashley: the regulatory filing

is coming up, we don't know, we don't know what he bought. liz: he could have been-- >> we don'tnow that he bought $12 billion worthf airlines. liz: we're not saying that, he has bought some airlines. >> and the year end feelings, to see if he made trump plays. stuart: i wonder if he's gone to technology. he doesn't like technology, he's like me, doesn't understand it. >> if i invest in it. stuart: tax cuts, get that straight. i was surprised by this one to say the least. the dow component, caterpillar moving their headquarters from peoria, illinois to chicago. they want to be closer to an international hub for its executives. does that make any sense to you whatsoever david? >> yes, i think they're saying it's an interim move, and if trump is successful it's going to sore and caterpillar 60, 7 p 0% of businesses overseas,

there's so many questions-- >> you're speculator that caterpillar may move off shore. >> i think that caterpillar could be looking at the trump dollar with concern. stuart: president trump would go ballistic if they did that. could lose a couple of government contracts. the dollar is the wild card in the next several years, it's a wild card for janet yellen as well. stuart: what the executives think about moving to chicago, i don't know. but the stock is up just a little bit this morning. check that big board. now we're up almost 100 points. 95 to be precise, here are big names down last session. let's see where they are today. under amour had its biggest drop ever yesterday and today, virtually no rebound, 5 cents higher. that's it. how about ups? they had their biggest drop in a couple of years, i believe, two years. that was yesterday, down some

more today. harley davidson, big loser yesterday. they've got a pile of inventory they can't sell it. they've rebounded just 26, 18 is cents today. that's not a rebound. exxon was also down yesterday. its profits stumbled. no rebound today. it's up 1 cent. how about this? cigarette sales, down again at altria, parent of phillip morris. nicole, the price and the story. nicole: it's down about 2% for altria today. you talked about cigarette sales. cigarette sales are down about 4%. cigar sales did a little better, people are smoking big fat cigars and smokeless tobacco. and despite the sales dropping, they beat on profit. how did they do that? >> they have been cutting costs and a stake in sabmiller they benefitted from on the beer deal of anheuser-busch and

sabmiller. and saving 50 million a year going forward. they're working on ramping up the profits despite the cigarette sales that are slipping. stuart: okay, we now have the dow industrials up 100 points. shah gilani, would you buy what's called a sin stock, liquor, tobacco? >> yes, i do. i don't currently own any, i think they're good stocks because of the dividend yield, but i finertocks more exciting and now industrials are looking exciting. there's a place for stocks in the portfolio because of the yield. stuart: we've got a development at facebook and i tell you this development is the reason why the stock is up this morning. in advance of earnings report later on today. they're developing an app that will stream video onset top boxes. this sets them up to compete with netflix and amazon, would that be accurate. liz: and ashley reported it's a $70 billion ad market. the estimated size of the tv ad market. stuart: that's the deal they're going for, that's where they're

trying to get into. ashley: they want to be a video first company. stuart: so on my smart tv there will be that little blue app from facebook, click on it and i get stuff from facebook on my big screen. ashley: they're trying to get licensing deals now reportedly, but will they go into original content as much as netflix and amazon have. stuart: we shall see. the winners, dow stocks, all up today. amazon opening its own cargo hub in northern kentucky and it will eventually be home to 40 amazon prime airplanes. they have fedex and ups directly in their sights. amazon is up 832, what did you tell me, justin? apple is at its highest level since july of 2015. that's apple this morning, right-hand side of the screen and now center screen. 5% up, big gain. one of president trump's executive orders in the works could limit the number of work

visas. that is a very big deal for technology. do you know anything more about this, liz. liz: what's happening, both democrats and republicans said to silicon valley, wait a second you're saying you're using the hb 1 visa program to create high paying american jobs? no, you're using it to funnel outsourcing jobs to india and they got in trouble in california, dems and republicans said, wait a second, companies are laying off their i.t. guys and replacing them with contractors, via this program. stuart: well, president trump is getting ready an executive order on visas. it is quite possible that he's going right up against and contrary to what silicon valley wants. liz: that's right. stuart: that's the story, isn't it. liz: you'll see ugly, nasty fights because it's going to unearth the truth where the visas went to. stuart: a great negotiation. maybe he says you get your visas, we get your money back, 246 billion back to america. >> you know something was up when the president says to elon

musk in the roosevelt room, who are you again and what company do you represent? basically he was part of the negotiating thing. look, you're just all, you're gods in california, but just a bunch of tech guys here. liz: taking advantage of the system, he's going to say and his administration. stuart: that's a developing fight and there's money in visas, that's what we've got. do you realize we haven't mentioned the federal reserve? i haven't said those words in months on this program. however, there is a decision from the federal reserve coming up this afternoon, i believe. do we care, shah? >> i don't think we care. the fed has been on the back burner for a while now. we know they're probably going to raise rates in 2017, i don't think they're in a rush now. the economy slipping back and gdp numbers, and slip backs, nothing to do nothing r thing and they're not part of the picture. it's all about politics. stuart: and i'm laughing whatever happened to the

cottage industry, the fed watchers. liz: they're at the competition. stuart: that's cruel. liz: and it's true. stuart: true, but cruel, shameless, shameless. you think this afternoon, there are interest rates, stay where they are for now and read the tea leaves whether we get 2 or 3. >> it's unlikely they'll do anything to affect the market. stuart: this is not federal reserve market. janet yellen will have a hard time getting the three rate hikes in this year. and the biggest lobbyist for her not to keep going will be mario draghi, the international pressure, strong dollar, 20 trillion of dollar doe nominated debt. the fed is the world central bank and huge pressure to say go slow. >> and the president is trying to talk down the dollar. liz: and now, these guys-- >> i have breaking news and a cabine confirmation vote. ashley: here we go, the attempted confirmation vote by the state finance committee on

tom price for health and human services and steve mnuchin treasury secretary and orrin hatch said, we'll try it again. the democrats say unless you give us more information, we're not taking part. stuart: that adds to what you said, david, that hurts our money because they can delay president trump's policies. >> it's not the appointments per se, it's kind of the message sent. like, look, we're going scorched earth, going after every policy initiative like this, if that's the case it's going to slow things down, if i were running the congress for the republicans, i would do a flip-flop. i'd start with the budget reconciliation, right now on tax reform, and then do on regular orders. liz: and sell it as a jobs package. stuart: there's a legislative scheduling meeting at the white house today. i wouldn't be surprised if president trump lays down the law and says do it this year,

please. got to do it. hold on, we've got more. ashley: so this battle goes on. now the senate finance committeeing is voting to suspend rules that requires democrats to be present for those votes on both steve mnuchin and tom price, we don't need you anyway, we're going to suspend the rules and move ahead. >> it's a harry reid move. stuart: otherwise-- >> doing this ad nauseam. stuart: it's a parliamentary maneuver, another parliamentary maneuver. so far, there's been no response to the overall stock market. this news broke that the democrats would boycott those two particular committees. ashley: again. stuart: so there couldn't be a vote. the market didn't budge. still up 94 points, still on the upside. now there's news that maybe the republicans will fix that saying we don't need you in the room anyway get on it with and the market is now up 92 points. >> you know what that means? that means nuclear option on the supreme court.

ashley: yes, yes. >> do you think. >> possibly. liz: meaning the dems invoke it? >> the republicans. z: the republicans invoke it. >> gorsuch is in. it's 51 votes. stuart: that's interesting, because you're saying that obviously the democrats are in a scorched earth policy opposing absolutely everything, that would include supreme court nominee, therefore, they ne need-- you only need 51 votes to confirm gorsuch. >> if they're willing to make the change on the committee, then they're willing to-- >> mitch mcconnell says he doesn't want to do that. >> nobody does, but it's 40, 50 years of tradition, but to have the smell of that change coming. stuart: okay, i'm looking at some individual stocks with the market up 90 points, i'm looking at amazon, it's up $9. i'm looking at facebook up $1.30. you're watching orrin hatch at the moment, that's the senate finance committee chair. let's listen in very briefly.

>> robo signing, unquote. according to the measures utilized in that review, one west did not engage in, quote, robo signing, unquote. in other words, mr. mnuchin provided an honest answer. this is the level of minutia we're dealing with here. my colleagues are using their own parsed words and vague questions as justification for their refusal to even vote on these nominations. as a result, we are currently in the midst of a-- of the longest transition period without a confirmed treasury secretary in our nation's history. and the process for vetting and reporting dr. price's nomination has taken longer than that of the last two hhs secretaries con combined. of course, democrat secretaries. at every turn, my colleagues arguments change, but their answer is always the same, delay. then yesterday my colleagues took the unprecedented step of

boycotting a finance committee vote on nominations. long story short, we took some unprecedented actions today due to the unprecedented obstruction on the part of our colleagues. as i noted earlier, the senate finance committ has traditionally been able to nction in even the most divisive political environments, that all changed yesterday. personally, as a long time member of this committee, i've been proud of that distinction and in my time as both ranking member and chairman of this committee, i have bent over backwards to preserve its unique status as one of the few places where republicans ab democrats not only work together, but achieved results and i defy anyone to give an example of a time when i've done otherwise. now, i get that my colleagues think these nominees are controversial, i get that they don't want to see them confirmed, we've all been in that situation, it comes part

and parcel with the job of being a senator and this is hardly the first time a nominee deemed to be controversial-- is seemed to be controversial has come before this committee. i'll remind everyone that nine years ago, this committee proceeded or processed a y controversial. nominee that he had an outstanding tax bill of nearly $40,000 as much as many americans make in a year. and for some of our colleagues, his explanation for the unpaid taxes didn't seem to add up. and he was appointed by a president that our side did not support and with whom we had serious and i mean we had serious disagreement yet again then republicans on this committee showed up to do their jobs. yesterday, rather than accept anything less than their desired outcome, our democrat colleagues chose to cower-- >> let me explain what you're looking at. thises parliamentary

maneuvering with significant consequences. yesterday the democrats refused to vote on mr. mnuchin as treasury secretary. without them there, you can't vote. orrin hatch the chair of the finance committee said okay, we're suspending the rules, we don't need you democrats, we're going to vote anyway, reuters is reporting that the vote has taken place and that steve man nurturen has been for that committee and same for health and human services, same thing there, suspend t rules,e don't need the democrats, we're going to put you in, we're voting. that's what's happening now. yes, this is parliamentary maneuvering, but the stakes are very, very high because the democrats have a scorched earth policy. the republicans are answering that and overriding them with a parliamentary maneuver, that's what's happening. liz: that's correct, and two key things here, obamacare and

tax reform are at issue. stuart: those are two key issues that congress will face we need the secretaries both of them in place as we go through this procedure so the democrats stalling and their opposition has not worked. orrin hatch has overruled them in the senate finance committee. no response on the stock market. the dow industrial average is up 88 points, we're up 80, 90 points higher for the dow higher. apple, reporting good profits, many more iphone sales, more to the point. 246 billion in cash, the stack is up $6. we'll be back. just like the people

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they bought the homes in the biggest market. stuart: oh, that's the-- >> on the belief that home prices are going up and they are. stuart: that's the nugget i'm looking at. they bought thousands, tens of thousands of single family homes across the country. ashley: fascinating. stuart: and now you can buy into them through that. that's the story. thank you very much. now this, we've said it many times this morning, apple has a huge cash pile, to be precise $246 million, nearly a quarter billion. and mashable's chief correspondent, big guy in the business. >> thanks for having me. stuart: what in the devil are they going to do with a quarter trillion dollar cash. >> every year apple buys companies with innovation for their products, obviously, bought beats. stuart: that's a lousy $3

billion. >> it's a high profile acquisition. apple doesn't do a lot of high profile stuff and maybe-- >> when you say high profile buy netflix or twitter. >> i think that a twitter would be more likely than netflix. apple is interested in maybe getting into the content creation side in television and so that's a possibility. but apple, look, they just came out of this incredible quarter where the product that they rely on so heavily, the iphone remains, still is their champion, they sold more than ever. they sold a ton of the iphone 7 plus devices which are more defensive and people just apparently love them. despite the fact that they did something, they took away the iphone jack, the earphone jack. so clearly they understand their market, they understand their consumers, they understand what they should do to sell more and they understand what they probably can't do. stuart: $230 billion of the

$246 billion is overseas, over there. >> tim cook argued for tax reform and he will be comfortable bringing that back. i don't know if having it overseas prevents him from using it to invest here. obviously probably he'll start with the money that's local. i don't think that's a major concern for them. i really don't. i think that they will support some sort of tax reform that makes it better to bring it back here, but they're not going to take any wild action in fear that president trump will do something. stuart: it's the utility. that's what it is. they're milking the iphone, it's a utility. >> services grew 18% and-- >> that's important. liz: more than the ipad. stuart: out of time. we have a commercial break and get money on this program and we do. we'll be back.

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why pause a spontaneous moment? cialis for daily use treats ed and the urinary symptoms of bph. tell your doctor about your medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, or adempas® for pulmonary hypertension, as this may cause an unsafe drop in blood pressure. do not drink alcohol in excess. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have a sudden decrease or loss of hearing or vision, or an allergic reaction, stop taking cialis and get medical help right away. ask your doctor about cialis. stuart: it's2 months until the

next election. you may ask well why i mention this so soon after the last one which was as dramatic as it gets? there are 10 senate democrats counting down to the november vote. they're very aware of their very difficult position. you see these 10 democrats, they represent states that voted for donald trump. are they signing on to their party's blanket rejection of everything that president trump does? are they going to do that? start with senator manchin, democrat, west virginia. donald trump won that state by a whopping 41 points. another heidi heitkamp, democrat, north dakota, trump won that state 35 points. in indiana, it was a 19 point landslide that democrat joe donnelly will be defending his state in vice president mike pence's. claire mccaskill in a state

that went by 18 points. sherr broad brown ohio, tam by baldwin wisconsin,. how far will these senators go to oppose president trump's cabinet picks, his nominee for the supreme court and president's plan for tax reform and deregulation? donald trump is doing what he said he would do. donald trump won. will his supporters allow those 10 democrats to obstruct the voters will? that is a political calculation and they're all making it. the left is making a lot of noise. they have agreed new president with implacable opposition. that is happening right now but those 10 senate democrats will have to figure out what they're going to tell the voters 22 months from now. the second hour of hour of "varney & company" is about to begin. ♪

♪ s. stuart: good choice of music i would say. i fought the law and the law won. that is kneel gores such with on a fly fishing trip with the late judge he is being compared to, the late antonin scalia. last hour the senate finance committee voted to confirm steve mnuchin. they voted without democrats who boycotted the hearing once again. here is senate finance chair orrin hatch. >> this is the level of minutia we're dealing with here. this is damned irritating. my colleagues are using their own parsed words and vague questions as justification for their refusal to vote on nomination. as a result we're currently in the midst of a longest transition period without a confirmed treasury secretary in our nation's history.

stuart: ash and liz, seems to me the democrats were trumped themselves. they tried to stop these two hearings and the republicans changed the rules and overruled them basically. ashley: that is you can do, the vote was 14-0. thank you very much. it goes on to the senate. we could have been stuck in historical cycle forever. i think democrats to your point earlier, really have to think hard about tactics t works both ways. it is getting to the point where there will be a big backlash. liz: next step is tom price. do the same, go to republican vote. this is about obamacare reform. this is about tax reform. it is also about the supreme court pick. here is a reminder, gorsuch was unanimously confirmed by the senate in 2006 with the support of chuck schumer, joe biden, obama and hillary clinton. stuart: unanimously confirmed, 2006. unanimously confirmed. liz: to the lower court. ashley: tom price and steve

mnuchin have moved out of the senate finance and go to full senate for a vote. stuart: go back to the democrats, especially 10 senate democrats up for re-election with states that went heavily for donald trump in the last election. tammy bruce is with us. you heard what i had to say at the top there. >> yeah. stuart: i think those 10 democrats have to think, very, very carefully how much they're going to obstruct president trump if they want to get reelected 22 months from now. >> seems like democrats in general are not accepting they're in the minority. those particular senate democrats at home understand what happened. constituents. it is unusual to filibuster a supreme court justice. only four times with alito with george w. bush and that failed. there are seven of those democrats, even some who are not on the list they will not support a filibuster. that is blumenthal, coombs, heitkamp, manchin, tester and

durbin from illinois. that means one more, donnelly from indiana is not quite on the list yet. the republicans very well will likely have the eight to move it past any kind of a filibuster. but those individuals understand, even dick durbin does in illinois, the mood of the country, americans do not like this. the president is still new. they want to injure the president but by keeping jeff sessions out as an example, they're injuring the country. and the american people understand that. stuart: but that is a verynform. those democrats that you mentioned that you listened they're not on board with the filibuster. >> they have gone public to say we will not support it. we presume they will vote against that we have even claire mccaskill tweeting, we should have a full confirmation hearing and vote on any nominee. these are people they know they're at risk. they understand what the american people want. that includes people not at risk.

i think republicans will be fine and so will gorsuch. stuart: he is in, on that basis the man's in. >> indeed. stuart: let me show you the president making history, announcing judge neil gorsuch, his pick for the supreme court. roll that tape. >> today i am keeping another promise to the american people by nominating judge neil gorsuch. the qualifications of judge gorsuch are beyond dispute. >> i respect too in the fact that our legal order it is for congress and not the courts to write new laws. it is the role of judges to apply, not alter the work of the people's representatives. a judge who likes every outcome he reefs is very likely a bad judge. stuart: i do have to say i thought the reveal by president trump was like a reality tv show, very entertaining. i think a lot of people would watch that, because it was entertaining. now after that, leader nancy pelosi was very quick to

label it a hostile appointment. watch this. >> it is a very hostile appointment. fellow, lovely family, i'm sure, as far as your family is concerned, and all, if you breathe air, drink water, eat food, take medicine, or in any other way interact with the courts, this is a very bad decision. well outside of the mainstream of american legal thought. stuart: well outside the mainstream of american legal thought. leader pelosi. our next guest many years ago was a clerk with judge gorsuch. former white house associate counsel john adams with a great name is with us today. john, welcome to the program. good to see you. >> good to see you, stuart. stuart: you heard leader nancy pelosi say outside the mainstream of american law. what do you say because you know judge gorsuch? >> look, judge gorsuch is not even close to outside the mainstream of american law. he is unanimously well-qualified

by the aba not exactly a group that strays outside of the mainstream too much. most important it was brilliant pick for the administration in part because his brilliance and his qualifications you really can't he question. i think people are already recognizing that but the other thing about judge gorsuch is, he is just a good person. he is very polished. he is very kind and very genuine. i heard you talking about earlier with democrats in states where trump won. one of the main issues on minds of voters was the supreme court. now that question given them an outstanding nominee. i don't think he is outside of the mainstream and i think he will be confirmed. stuart: senator schummer released a statement, it was a statement against the president's supreme court pick. i will read part of it. quote, judge gorsuch has repeatedly sided with corporations overworking people, and demonstrated a hostility toward women's rights. that is senator schummer, leader

of the democrats in the senate. john, what do you make of that statement? >> yeah, the most important thing you heard from judge gorsuch last night, and i think you played a clip of it right before i went on, when he said if you ever see a judge that agrees with every outcome of every case they decide you probably have a bad judge. that is the absolute truth. judges are not lawmakers. judge gorsuch not pro-corporation, not anti-corporation, not pro-citizen, anti-citizen. he is a judge who is pro-constitution. he understands the constitution protects of liberty about of american citizens by restraining the power of government and he will interpret the constitution based on its text. stuart: john, do you think he is a worthy successor to justice scalia? >> for those of us, i had the privilege of clerking at the supreme court for justice thomas and got to know justice scalia. i have a lot of friends who clarked for him and knew him.

the man is a legend and appropriately so. they are enormous shoes to fill. president trump did as good a job as you can. this is highly, highly capable intellectual good person to sit on the united states supreme court. stuart: i want to ask your judgment here because you're a sober judicial kind of guy, hope you don't mind me saying that, john adams, but,. >> i will take it. stuart: what about the presentation last night? it did seem to be a little like a reality show. we were kept on, in suspense as to who the revelation was going to be and the president, here he is, all of a sudden. do you like that kind of style? do you think that is appropriate? >> you know what, i got to tell you, stuart i will disagree with you a little bit. there will always be some level of showmanship when president trump is involved but i actually think the ceremony was incredibly dignified.

i thought it was incredibly well-handled. i don't know how you felt, to me once judge gorsuch got up there and started talking you could feel the presence of a eminently qualified jurist and a food person. so i get the way the rollout was. that is classic sort of trump but i thought it was incredibly appropriate appropriate ceremony for incredibly important thing for this country. stuart: john adams, good having you here sir. i no who historically who john adams was despite my accent. we appreciate it, we really do. >> have a great day. stuart: can we get comment. i really did feel a reality show, not pure entertainment but i think it was laid out as entertaining event. ashley: as john adams pointed out it was incredibly well-managed and went very well, the republicans came back to trump and way it was handled and excellent. >> i thought it was a good blending between regular dynamic

of tradition, presenting a fabulous person who is great. his wife. even the body language of those two, there is a bust of lincoln behind them. it was fabulous. stuart: okay. this is the live action presidency. it is wednesday morning. we've got live action for you. actually we've got a tape of what was live action a few minutes ago. president trump meeting with at the white house with african-american leaders. let's listen in. >> hello, everybody. >> hello, mr. president. >> you have been so helpful there. you have been really really -- with the election, it came out really well. next time we'll triple it up and quadruple it, right? we want to get over 51. at least 51. this is black history month. so this is our little breakfast, our little get together. hi, lynn, hi are you? >> how are you? nice to see you. >> a few notes during this month

we honor the tremendous history of the african-americans throughout our country, throughout the world if you really think about it, right? and their story of unimaginable sacrifice, hard work and faith in america. i've gotten a real glimpse during the campaign. i would go around with ben to a lot of different places that i wasn't so familiar with. they're incredible people. and i want to thank ben carson who will be heading up hud. that is a big job and a job not only housing, it's mind and spirit, right? you understand that. nobody will be better than ben. last month we celebrated the life of reverend martin luther king, jr., whose incredible example is unique in american history. you read all about dr. martin luther king a week ago when somebody said i took the statue out of my office and turned out that was fake news. [laughter]

it is cherished. one of the favorite things in -- we have good once. we have lincoln, we have jefferson and we have dr. martin luther king, and we have -- but they said the statue, the bust of dr. main luther king was taken out of the office. and it was never even touched. so i think it was a disgrace but that is the way the press is, very unfortunate. i am very proud now that we have a museum in the national mall where people can learn about reverend king, so many other things, tread district douglas as annexal -- frederick douglass as somebody done amazing job. recognized more and more i notice. harriet tubman, rosa parks and millions more black americans that made america what it is today. i'm proud to honor this heritage and honoring.

the people at table in almost all cases were the great friends and supporters. i met darrell when he was defends me on television. [laughter]. the people on the other side of the arguesment didn't have a chance, right? paris has done an amazing job and in very hostile cnn community. [laughter] all by himself. seven people, and paris. i will take paris over the seven. [laughter] but i don't watch cnn so i don't get to see you as much. i don't like watching fake news. >> [inaudible]. >> but, fox has treated me very nice wherever fox is, thank you. we're going to need better schools. we need them soon. we need more jobs of the we need better wages, a lot better wages. we'll work very hard on inner-city. ben will do that big league. >> big time. >> one of his things he will be looking at. we need safer communities. we'll do that with law enforcement. we're going to make it safe. make it much better than it is

right now. right now it is terrible. i saw you talking the other night, paris, on something else, you did a fantastic job the other need on a very unrelated show. i'm ready to do my part -- i'm ready to do my part. i will say this. we're going to work together. this is a great group. this is a group that has been so special to me. you really helped me a lot. if you remember i wasn't going to do well with the african-american community. after they heard me speaking and talking about the inner-city and lots of other things we ended up getting i won't go into details we ended up getting substantially more than other candidates that had run in the past years. we'll take that to new levels. i want to thank my television star over here, all -- omarosa is nice person. not everybody knows that. she is very helpful right from the beginning.

i appreciate it. very special. i want to thank everybody for being here. could we go around the room and introduce ourselves and press can stay for that. i'm sure they have no questions about last night because it was such a good launch. we have a fantastic, hopefully new justice of the supreme court. hopefully that will be, he will be approved very, very quickly. outstanding in every way, academically. he has done almost as well as you did, darrell, in college. [laughter]. not quite, right. but he is a great, a great man i think he will be a great, great justice. he has been very well-received it. was a big evening, very big evening. paris, start with you, go ahead. >> glad to be here, mr. president. honored to be. paris denard. thurgood marshall represent the 47 publicly supported black colleges and universities which you are very much supporter of. pleasure to be here. >> they are supportive of me, because i would be all, i would be in the wilderness without

them. you are so effective i appreciate it. thank you. >> bill cleveland, retired capitol police officer. former vice mayor of city of alexandria, and substitute teacher in the alexandria school system. glad to be here. >> bill, thank you. >> bill is also a veteran. i'm earl matthews. work for u.s. department of defense. worn in an hour after you were. veteran, long-time supporter of yours. worked for you this summer and happy to be here. >> good job. that's a good job. >> vice president. we know our vice president. [laughter] >> belinda scott, darrell's scott. revival center. from cleveland, ohio. pastor of new spirit. great amount of support in the african-american community where we are. we love the lord. we love our new president. we're praying for our president on a regular basis. >> amen. >> the one thing i didn't

understand about belinda, i thought they were married five or six years. look how they look so young. should you say how many years you've been married. >> 35? >> been together 38. >> been together 38 but in the lord. [laughter]. >> 35 years. >> three of the 38 under the blood. >> that is amazing. >> can i say this. i'm so greatful that our president gives us an ear, to listen, to the community. to listen. and people like us are just here to constantly put that message out into the community. >> thank you. >> we love you for that. we love you for listening. we thank you for that. >> thank you very much. >> darrell scott, pastor, new spirit revival center and black trump supporter. [laughter] >> great supporter. >> speaking of the community, let me say this real quick. omarosa, i will throw this in.

i was recently contacted by some of the top gang thugs in chicago for a sit-down. they reach out to me because they seat me. they respect you and want a sit-down lowering the body count. couple weeks i'm going into chicago. >> great idea. chicago is totally out of control. >> we have to lower the body count. don't talk about anything else, get the body count down. the principles that can do it, no politicians, straight street guys. they will commit if they lower the body count they lower we will come in social programs. >> if they don't do the right thing we'll solve the problem for them. we have to do something what is happening in chicago shouldn't be happening. >> they want to work with this administration. i didn't reach out to them the they reached out to me. they believe in this administration. they didn't believe in the prior administration. told me this with their mouth. >> i love that. >> mr. president, i'm a member

of the, what we call the media where we try to be fair and objective. not all media seems to be the opposition party. there are those that see good you do. we are proud to have a seat at table. >> it is. a lot of the media is actually the opposition party. they're so biased and really it is a disgrace. some of the media is fantastic and fair, but so much of the media is opposition party. knowingly saying incorrect things. so it is a very sad situation but, we seem to be doing well. you know, almost like, in the meantime we won. so maybe they don't have the influence they think but they really are. they have to straighten out their act. they're very dishonest people james? >> professor james davis. we've been, mr. president we've been a supporter of yours from the beginning alongside mr. michael cohen and dr. darrell scott with the national diversity coalition helped to bring out a huge number in the black community

with respect to the vote. still happy to be in support. >> you've been great, thank you. thank you. lynn -- >> hi, mr. president. yes i ams awe know the former vice president of the wonderful charity your son founded at trump foundation. >> right. >> i've been with the with eight years. was rnc speaker. i will be landing with dr. carson at hud as one of the senior advisors, director of the office of public liaison. >> that's great. you did a fantastic job. >> thank you. >> mr. president, i'm gerard robinson, resident fellow at american enterprise institute. i was proud to be the leader of the education policy team for trump transition. >> thank you. >> thanks a lot. >> ashley bell, behind you, some other. >> ashley. >> mr. president, good to be with you. chair priebus helped run african-american outreach for your campaign.

glad to support omarosa. glad to be here. helping you out at the state department. >> fantastic, thank you very much. >> with the inauguration. >> tucker davis. i ran your campaign west virginia. working for you -- >> we did well in west virginia. [laughter] >> coal miners love you. >> we love the coal miners. we'll put them back to work. >> absolutely. >> leila bell. at the rnc and i helped launch the video series every week, the midweek message that reached out to millenials and college students and helped launch the college republicans -- >> did a great job. >> howard university. >> i heard that. good job. >> first group. we -- [inaudible] >> great job. >> mr. president, monica alexander, executivetant off the public liaison. >> thank you. nice. >> mr. president, gerard smith. with the domestic policy council

andrew remburg's team. focus on urban affairs and resitization. >> fantastic. >> howard graduate. >> howard graduate. >> thank you. >> we'll let the press leave. >> thank you everybody. stuart: that is a remarkable meeting in progress there. what struck me was the tone of the meeting. jovial, friendly, give and take on both sides. what do you say, david webb? one thing i got to point out, who was not there. al sharpton. >> jesse jackson. stuart: "black lives matter." >> congressional black caucus members who are not really there for the black community. naacp, not there. even the united negro college fund, a group partnered with the left more than they have with the education of the black community. who's missing matters. you don't have angry people demanding reparations and payback for some grievance. rather these are people, i know some of these folks.

they're looking for solutions in those neighborhoods. if you start to fix the neighborhoods, it blossoms out to the rest of the community. stuart: i didn't see any victims in that meeting. >> victimology is not here. but they would rather attack issues and deal with the real victims of crimes and drugs. the other victim, someone who doesn't get a good education. who loses potential for a future. liz: to david's point, donald trump wants to fix the inner-cities with the one trillion infrastructure spend. how will he pay for it? wants to cancel spending on things like global climate change, how the u.s. funds that, and stop illegal immigration. he has said that is hurting our african-american low-income worker. stuart: well, is that the next generation of african-american leadership in the united states? >> i will go a little wider. it is the next generation of american leaders. what have we seen as society? we're not static. we've evolved beyond the '60s,

voting rights, civil rights, women's rights. we are where we are today. they put people in blocks or boxes. blacks are black. that is the accident of your it about. you deal with issues from american point of view, the economic issues, the education issues. i go back to ferguson as dr. carson and i did when no one else would. we went back and talked to the folks there. you know what they're looking for? they're not looking for black solutions. economic solutions. education solutions. they want to start a business. get ahead in life with their lives under the american dream. stuart: do those people around the table, left-hand side of your screen, do those people think of themselves as hyphen eighted americans or americans? >> not ones i know. i would care to venture most of them don't. the fact you're black how you're born. emac born a woman. tammy born a woman. ashley, you and i born men. after that up to deal with the issues what really matter. the dollar is green so to speak.

it doesn't care what your color is. if you don't have enough of it, earn enough of it with a good education, how do you get ahead in life whether you're black, hispanic, male, female, whatever the case may be. solve the problem. stuart: how will this be received in the black community? so obviously different from the political that we've seen before? >> well, okay you mentioned victims. no victims are there. i go back to trump's cleveland speech when he spoke to the black community, and he talked about combining a safe community, law enforcement, education, and economic opportunity. you need those and more things combined to help. he is talking to them, not talking at them. not going there for votes but talking to them and engaging the black community in a language and understanding that they live with. and that is why these poo are there. you know else they should have the in the room? charles payne. one of the great voices in this country. charles payne. dineen borelli. another one. we worked together for years on

these issues. honest voices that understand the different challenges. stuart: okay. anybody want to add anything to this whatsoever? most unusual. >> what's fascinating to me, we see these individuals, may be new to many americans watching this program but they have been working, serving the country, working in business. they didn't just show up or created the last year. it is media and activist bureaucracy chosen to highlight a very few angry individuals as representative. liz: very little media coverage this meet something going on. in fact last week, donald trump attacked the media again saying they're dishonest. "washington post" ran out of headlines, trump's plan to help african-americans doesn't look like. of a deal. there is very little media coverage happening right now of this meeting underway. stuart: fair point, yes. don't want to digress too much. don't want to make me the subject of this progress but i'm going to do it. >> but it is your show. go right ahead.

stuart: some of our viewers may remember, not too long ago, pastor scott, one of the gentlemen in that meeting this morning was on this program, i asked him, would you demonstrate for me, with me, a bro hug. roll tape. hold on. it got stuck. the tape got stuck. don't tell me we lost the bro hug tape. liz: you of all people did a bro hug? stuart: i did. pastor scott was sitting there, david. >> right. stuart: what is this about a bro hug? >> we can do it right now. let's do a bro hug. stuart: have we got cameras positioned to do a bro hug standing up? have we got that? yes we can. have to watch my cable. >> i will come to you. put the hand together. stuart: wait, wait. go slow mo, that first. >> bend in. stuart: and then. theryou go. that's it. >> man, bringing it. stuart: what am i supposed to say? >> hi. [laughter] stuart: now, wait a second, i

reliably informed we have the original tape. roll it. >> different style. >> stuart: would you demonstrate with me the correct way of doing a bro hug. >> you got to come in. stuart: okay. we've shaken hands. >> now we dip in shoulder. not full body contact. stuart: oh, just dip towards. >> indid the shoulder. give me a pat. you're my brother. stuart: that's it. >> maybe two or three, depends on intensity. stuart: i gave you three. what a guy. >> like i said, honorary member of african-american community. stuart: do you accept me, david webb? honorary member of the african-american community. >> i say the black community. unless you tell me you have a definitive tie orbiter place like charlize theron, you happen to be american. stuart: i like that. both bro hugs on tape. >> on the record, stu varney not only american of british descent but he is a bro. stuart: okay.

>> our code is enforced. stuart: what we're seeing now the price of crude oil, which is at $53 a barrel. that is a little surprising because the price is up. what we got from the oil inventory number there is an extra 6.4 million barrels in storage, more supply. liz: that was double what wall street was expecting and it is sixth out of seven weeks of build. stuart: why is the price up? if you have more supply, surely the price comes down. it did not. the price is going up 53.15. how about that. liz: interesting. the dow is up 55. stuart: the days when the price of oil had a direct relationship with stocks prices are long gone. ashley: they are. stuart: with low 50s per barrel. what have we got here? this looks like justice gorsuch is about to arrive on capitol hill, coming at any moment. we've got our cameras on the door there to follow him. he will be followed a bit like president trump.

ashley: vice president pence and mitch mcconnell, the majority senate leader. stuart: hes arriving on capitol hill. a little later this morning, president trump at the white house, the roosevelt room i believe will be meeting with supreme court groups, i guess to explain his pick. meanwhile, his pick, there he is, mike pence, i can see coming in there. just arriving on capitol hill. mike pence is with him. we don't have a clear view at this moment. kelly ayote, senator kelly ayote is there as well. former senator, i should say. she is in charge of his presentation to the senate working through the senate. ashley: there you go. stuart: there he is, center screen, that is president trump's nominee to be the replacement, if i can call it that, for justice scalia on the supreme court. introduced last night with a little reality show tv flair, 8:00 eastern time. there he was for all watching, who is the nominee going to be? and the reveal was made.

i want to see the ratings. i want to see the tv ratings for the reveal of the supreme court justice nominee because i suspect the ratings will be very strong. >> it was not only a ratings bonanza, but a way to capture the media cycle. he does it at 8:00 p.m. last night. he captures all the 10 p.m. news rolls across the country depending on time zone. he cap us it the news today. this will continue into tomorrow with reaction of groups like american bridge, that put out a 78-page hit piece on the judge. that came into my in box the minute the announcement was made, it was ready to go. this is going to be a battle. tell you democrats they have little to stand on but they will battle this one out. stuart: we have trouble making money on this program because we don't run commercials. it is a live action show almost every day with a live action president in the white house. listen to this, happening now. committee vote to approve the nomination of jeff sessions for

attorney general. liz -- liz: now underway. the demoats on the senate judiciary committee ed obscure senate rule to day this vote but they are stepping in to do the vote right now. they have been giving lengthy speeches opposing sessions. sessions remains, looks like only guy stuck in committee vote right now. stuart: here's what we've got then. we got the democrats attempting to delay, stall, stop the nomination of steven mnuchin at treasury and dr. tom price at health and human services of the republicans in turn changed the rules. both are now voted in. they will go for a full senate vote. so the republicans overroad the parliamentary tactic of the democrats. same thing happening now. this is with the nomination of senator jeff sessions to be attorney general. the republicans changing the rules, so a vote can take place. liz: there is a big pushback by the democrats over president trump's temporary travel halt, suspending travel from the seven terror hot spots. you know, the question from the

democrats is, can sessions be independent of the president in making his, rendering the job? stuart: those were the questions -- liz: that is what democrats are saying. stuart: frankly at this point it is irrelevant. the republicans changed the rules. he will be voted on. jeff sessions will be the attorney general. i think that is it. poor implementation of the executive order on immigration, that had a, created a real problem for the trump stock market rally. i want to bring in professor peter morici on this. we were saying monday and tuesday that it was the delay in the tax cut which had upset stock market. are you saying, no, it was poor implementation of the executive order on immigration that upset the stock market? >> yes, and i think the two are connected. the poor implementation drew into serious question this inner circle that is advising president trump. really calls into question the competence, judgment and experience of miller, steve bannon and kushner.

should they really be making these calls that they can so badly mishandle something as simple putting in place a travel ban. with proper preparation that should not a problem. if you look at market numbers, the yield curves all those things people write about when they don't have enough to write about they indicate that the rket is pricing in some good bump from trump the first few years but it doesn't have long-term confidence that it will stick. and i think that relates to the notion that can this administration really endure? can it accomplish fundamental change? it will have to behave much morley than it did over the weekend. stuart: are you saying the stock market is dancing to a political drama? that is the main factor in stocks? not the federal reserve meeting and the decision today? not the federal reserve, no, it is politics, is that what you're saying? >> politics strongly impacts the economic environment. the question will we shift out

of the 2% growth mode into something much higher which is possible if we get genuine deregulation which is extraordinarily difficult to accomplish? and we get real tax reform, something congress has been able to do for the last four or so years? that is a tough thing that really becomes a political question. how politically competent is this white house? how well-structured in terms of economic decision making and strategy? look at competing portfolios. these are real questions. stuart: this is show-me market. investor will buy stocks if they are shown a movement towards 4% growth or serious deregulation, a show-me market. >> absolutely. we know that donald trump can cut deals but he can't cut enough deals with enough companies like ford to move the needle on the economy. he has to change the atmospherics fundamentally, systematically, radically, all those fancy prove fest sorely word. it is not just having a photo-op

with black americans or ceos. it comes down to moving things in congress where he insult ad lot of people. democrats are behaving if he seized government by force. actually what i think is going on today will be good for markets because the republicans are announcing to chuck schumer, if you're going to behave like a 16-year-old, orrin hatch is prepared to be your dad. whether you want to characterize this like this or not, that new york brat just got a gd spanking from a utah papa today, and it is a darn good thing. i want to bring him back to the university and fix things there. stuart: professor, go back to that university and fix things. all good stuff. thank you very much indeed, peter. appreciate you being with us. now totally different subject but still germane what is going on in america. california wants to become the first sanctuary state. can you explain this one to us, ash. ashley: yes, sanctuary statewide not just in cities like los angeles and san francisco. it will provide money to pay for

lawyers for immigrants facing deportation. would also try to hamper any effort by the trump administration to create a registry. getting a lot of pushback. san francisco filed suit, claiming trump's order to cut funding for sanctuary cities is unconstitutional that is a question for the judge. this is large-scale pushback on the trump administration with regard to protecting illegal immigrants. stuart: the author of a very good book, called taxifornia, all about taxes and politics. written by james lacy a frequent guest of this program, he is with us today. james, looks to me like this is a very serious effort to make california a sanctuary state, and it looks to me like it is going to happen. all the moves have been in the right place. >> well, you know, it is really an active grandiose political narcissism. the bill.

>> tends to grammar school police. so now california will make certain that high school and grammar school police don't assist the federal government enforcing immigration laws. it is just ridiculous. but the fact is california already is something like a sanctuary state. in 19, in 2014, we passed something called the trust act, and the trust act directed state employees to not assist in the federal enforcement of immigration laws. as a result of that, even the obama administration in the summer of 2016 through loretta lynch threatened to with hold $135 million in a federal grant from the state because of th lack of cooperation. this is one of the reasons why the state legislature hired eric holder at $25,000 a month to he preserve those funds. stuart: james, is it going to happen? is california going to declare itself a sanctuary state?

>> i don't think there is any stopping it but i want to tell you, according to a poll by uc berkeley in late 2015, 74% of the state opposes sanctuary cities. so, this is really a crime issue. crime is on the rise in california. violent crime is up 10%. stuart: all right. >> the sanctuary city policies that are in place now result in 650 criminal aliens being let out on the street every single month. we have this toxic stew the liberals bring to us we'll have more criminals on the street and less money. stuart: i got it, james. i got to run. but you're telling me it is going to happen. that is surprising thing. >> it is. stuart: james lacy, thanks for joining us, sir. we appreciate it. we lost the rally. we were up 100 points. we're up 19. look who is here. after regrettably long absence from "varney & company," that man bernie goldberg returns. sat

polarizing political climate in memory. it is war. president trump versus the obstructionists democrats. goldberg is next. ♪

ashley: president trump picks neil gorsuch to fill antonin scalia's seat on the supreme court. here is what judge andrew napolitano had to say about that. roll tape. >> i would say that even though

he's not as outspoken in his 49 years as justice scalia was in his 79 years, just the little that we know about him is, he is a western, leave me alone conservative, person who loves, values the land, is skeptical of government, but is so devoted to the constitution that he will produce decisions with which he disagrees for the ultimate out come as long as the process is pure.

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for an erection lasting more than four hours. if you have a sudden decrease or loss of hearing or vision, or an allergic reaction, stop taking cialis and get medical help right away. ask your doctor about cialis. stuart: the market rally has fizzled. we were up over 100 points. we're up 20 points. 19,800 is where we are. new inpogoing public. -- new ipo going public. it is called invitation homes. it owns and operate single family homes for lease in the united states. blackrock bought tens of thousands of these homes, packaged them into that company. you can buy a piece of it. that is what is going an. it is up on the first day of trading. apple, that is the stock of the day. they have $246 billion in cash.

their iphones are selling very well indeed. their stock is up 5%, nearly $7 higher. we're clearly sighing, we've outlined in great he detail, we're seeing a pattern of obstruction from democrats. fox news contributor bernie goldberg is here. first of all, berniewhere have you been? welcome back. it is great to see y again r. >> it is entirely my pleasure. stuart: why do you say that this acrimony, this intense be instruction system going to get worse? >> it is going to get worse, stuart, because at least for the past few decades, that is the general direction of things. it is always been getting worse. we're more polarized today than we've been in a very long time. next week we'll be polarized than we are this week. this whole debate about judge gorsuch, everybody knows it isn't even about judge gorsuch. this is about the judge garland

who barack obama nominated and the republicans wouldn't take up. the democrats are going to dress this up as they already have in fancy language about mainstream values and how judge gorsuch is not in the mainstream and about ideology and all that. everybody knows that is not what it is about. it is about you hurt us. now we're going to hurt you. this is tit-for-tat politics. and it is, by the way the reason i say it is going to get worse is because it is going to continue down this downward spiral until somebody says enough. and you know what? i don't see that happening. stuart: well, in 2018 there is another election. it is 22 months away. basically there are 10 senate democrats up for re-election. those 10 senate democrats come from states which were won by donald trump in the election last year. i would have thought that would have put a crimp on how much obstructionism those 10 democrats can engage in because

they have got to go back for re-election in states which voted for donald trump. >> exactly. listen, as the great american philosopher yogi berra supposedly said, predictions are hard, especially when they're about the future. i'm willing to accept, i'm not going to make predictions, i'm expecting nine democrats will come over and that will get republicans 60 votes they need. one way or another, let's be clear on this, judge gorsuch will be on the supreme court because mitch mcconnell, the republican leader in the senate isn't going to lose this nomination. if he has to go nuclear, he is going to go nuclear. and here is the bulletin. if he does, if nine democrats don't come over, democrats are going to really be sorry they let that happen. because the next nominee, the next nominee will be a conservative. and that one may replace not

antonin scalia, but ruth bader ginsburg aned he will, or she will float through with 51 votes. so they better be careful if they block this nomination. stuart: bernie, i want to take 30 seconds to tell our viewers why i'm so pleased that you're back on the show. i remember reading an article that you wrote, must be 25 years ago, outlining how the media had turned liberal. there was establishment media and it had gone liberal. at the time you were working for cbs news. i thought, this guy has not long to go at cbs news. so bernie, i'm out of time. i'm sorry to tell you this. i'm out of time. but it was great to see you back again. thanks for joining us. >> thanks a lot. see you next time. stuart: yes, sir. now this, from the middle east. rebels in yemen use a suicide boat to attack a saudi warship. two sailors killed, three wounded. the escalation means the rebels

are collaborating with al qaeda. check that big board. the dow lost its steam. was up 100 points. now it is up 27. still up but nowhere near what it was. happening right now, attorney general pick jeff sessions, his confirmation hearing going on. as of now, obstructionist democrats want to block him. al franken is speaking. we think he is going to try a mini filibuster. won't work. sessions is going to get the votes.

stuart: we reported austria's plan to ban burkas. elizabeth said, she supports that ban. some of our viewers disagreed. here is a couple comment from tom, first of all. why should the state have anything to say what citizens wear? fair question. stuart, not me, another one, says as long as islam and sharia law do not conflict with local, state and federal laws, they should be protected. i think they do conflict actually, stuart. last one, from debbie, i certainly don't agree with it but it is their choice because it is part of their religion. response, liz? liz: i hear you. i with what france says. disruptive.

about being a secular republic. about wearing over the top expressions of religiosity disruptive in the workforce and public sphere. my point, i hear what it is, it is first amendment free speech right for religious expression, why don't you put imams -- ashley: pay to see that. stuart: you would too, wouldn't you. ashley: also a safety issue. france says, we don't know who is under these burke cast. that is very valid point. they have terrorism. stuart: i'm not suggesting there is a ban in america. but i think it is un-american, that kind of full burka is un-american. we in america are open faced. we're open to the world. we're responding face-to-face, we don't wear masks. liz: by the way, sorry, ashley the point about masks is a good one. inaugural protests, against the law for protesters to wear masks. ashley: symbol of oppression which i don't like. stuart: i think we discussed this. enough. we'll be back.

..

>> this program has developed a new style. throw out the script. politics and money is our bread and butter. we are looking at the reaction to trump's reality tv star introduction, no other president would have done it like this one, no other president would have gotten so many people sufficiently intrigued to watch. this morning the president has held a meeting in the white house with african-american leaders and moved on to a closed-door meeting about the legislative schedule. there is news to be made with this. when do we get the tax cut and working on another executive order that will deal with visas.

look at this live-action style. he starts his workday in the oval office and the country is glued. what is he going to do now? newspapers out of date before they are printed. broadcast networks too late. the president got started at don. it is live-action news programs like this one to keep up with all the action, live-action president. a fascinating hour of "varney and company" about to begin. >> we are up 21 points, and now we are up 20. apple is front and center, stock of the day up 5%. may be a little more. a cash pile of $246 billion, a

gigantic amount of money. look at facebook, developing a video streaming apps for television, reported earnings this afternoon, up in advance of that number. back to my take from top of the hour. karl rove joins us now. have you ever seen anything like this? live-action dominating the news flow by the president of the united states? ever seen this before? >> no and it is a combination of two or three things one of which is the unique nature of this president who is very comfortable acting within reality presidency but the growth of cable news and explosion of social media which is creating a class of people in the united states focused on receiving information to date, real-time and engaged in this. the question is how much of the

american family is that and what impact it will have in years to come. we are in the midst of a dramatic change in media and politics. >> the senator from minnesota, one of the democrats saying no to absolutely everything from donald trump. this is happening right now. do you think this implacable opposition to everything is going to last? is it a good political tactic by the democrats? >> may be minnesota, and not so certain. if you're playing to the democratic base this is the kind of thing, and we are going to burn down the house. if you are sheldon white the house in rhode island, absolutely, nothing trump could do we would agree with or go

along with so in those -- place to the base but american politics, last fall, what wanted for donald trump, people is story click democrat or independent, tended not to vote for republicans for president but broke in states like wisconsin and pennsylvania and michigan, narrowly for him and in 2015 there are lots of democrats up, 10 of them in the senate -- senate seats, the donald trump won but had a problem because their party is further to the left, like the british labour party, might have had a chance to win in the last election, might have a chance in the next election but they are making it harder for themselves by going harder to the left and that is what is happening in america with the democrats. stuart: pictures of the ten senate democrats up for reelection next year, all from states which were won by donald trump in the last election.

pick out a couple here, democrat west virginia senator mention, his date went by 21 points for donald trump, north dakota went to trump by 35 points, indiana by 19, missouri by 18 points, don't see how those, any of the 10 can be so dogmatic in their opposition to everything trump and still get reelected next year. that is the point you have been making but seems to me if you translate that to votes for the supreme court nominee in the senate he is going to get the 60 votes needed. >> he might because west virginia joe mention has two credible opponents, congressman jenkins and the attorney general of the state, both of these men are credible against them in a general election particularly, bob dole, 16 points, george w.

bush, won by six, and the same in north dakota. also careful a little bit, it depends on the quality of the candidates republicans recruit and the quality of their campaign. in north dakota high camp won in 2012 when mitt romney was carrying the state of north dakota. and good campaigns. and too obstructionist, it is a 1-on-1 battle saying i represent the values of west virginia or north dakota better than the incumbent does. stuart: thank you, see you again soon. let's bring back judge andrew napolitano. judge napolitano: it is relevant

to this. of those ten whose names are on the screen ten democrats up for reelection in states trump won handily six have already said they will not support a filibuster against neil gorsuch. the number 2 democrat, dick durbin, they have begun to undermine chuck schumer's leadership to facilitate the easy confirmation of neil gorsuch and think about getting reelected. stuart: they will probably get 60 votes in the senate. judge napolitano: they need only one more. think of this, chuck schumer's deputy, dick durbin, one of the seven, we cannot support a filibuster even one more. stuart: why would dick durbin take that position. he was way out there. judge napolitano: he would be a better minority leader than senator schumer.

stuart: happening now. and thank you. fill in my sentences when you have a chance. here iour frann fromoments ago when it got a little heated. >> when describing this history senator cruz misrepresented what happened. i want to take this opportunity -- >> i object to the senator disparaging a fellow member of the committee our mid-absence. >> he disparaged me to his face. >> let him make his case and we will come back to you. >> we are here to talk about the president's nominee not a colleague and i object to that -- disparaging a colleague on this committee and in the colleague's absence is untoward,

and i object. judge napolitano: it is going to get rougher because the colleague who was not there was senator cruz. another colleague our franken is about to disparage, the nominee himself, senator sessions is a member of the committee, has the right to speak and vote on his own nomination and senator franken is about to object to that. stuart: it doesn't take a difference because the republicans changed the rules this morning and voted in the absence of democrats so steve mnuchin is confirmed treasury, not the full senate vote but committee and tom price confirmed health and human services. judge napolitano: here is the downside of what the democrats have done on the senate judiciary committee, the reason we have the spectacle of the acting deputy attorney general saying no one will defend the president of the united states in federal court and she having to be fired at 9:00 at night is because the democrats won't do the inevitable which is confirmed the president's nominee for attorney general. how much longer will they allow

the justice department to be worthless? stuart: the tide is turning against the democrats, this display of obstructionism is not going down well. judge napolitano: i wonder if this will affect the longevity of senator schumer as minority leader. stuart: who knows but interesting question to ask and glad you brought it up. up next we have special guests, the man who is trusted by the nfl. he was receny -- sup bowl bound atlanta falcons hold their head coach, dan quinn. that gentleman is with us next and has advice for the president on his cabinet picks as well. stay with us please.

stuart: drama on capitol hill, senator our franken, moment ago going after a number member of the committee, and senator franken had a go at ted cruz who was not actually in the room at the time. moment ago ted cruz walked in. you can expect a personal confrontation any moment because he is back in the committee room and our franken is still speaking. our next guest, dan quinn is head coach of the atlanta falcons and the falcons in the super bowl. this is -- weight for it, a vice-chairman there, former nfl coach. you are a head hunter. >> a relationship builder. stuart: you are a head hunter. what are you doing in the nfl? nfl teams need a head hunter? >> we are looking for a coach. what happened -- the owners are

their own society. it is a bottom line business but they talk and want added value and we have been able to bring added value. 48 coaches in the playoffs this year. stuart: is this an ad for jed hughes or the falcons? you think they will win the super bowl? >> it is a combination. we put a process together that links people together and we have been successful. stuart: do you deal with salaries? >> in some instances we are involved in every phase of this. stuart: you are the agent for coaches. >> sometimes we have a proposition to understand what the owner has to pay to get the coach so we manage their expectations that the front end and we are able to work it through so at the end we make of the all happened.

stuart: why was mister quinn a good fit with the falcons? >> unbelievable pedigree, worked with nick sabin. a lot of experiences. he is adaptable, walks in a room, commands it, holds players accountable and players like to play and in this day and age get players to play for you in the locker room is critical. stuart: we are on dangerous ground but is he that asked coach in the nfl. he is not? >> not at this point. >> you placed him in the event going forward. >> let's put it in perspective, the second year making it to the super bowl is unique and special and he has an owner at home depot, unbelievably passionate d supportive, the team around

him has launched a great quarterback. stuart: you are placing leadership, a coach is a leader of the team and you are placing the right leader with the right team. if you are a student of leadership what would you say to president trump? how should you lead his cabinet? >> you need a lineman and you need a vision and you need the people on your team, internally who believe in the vision and communicate the vision. there is enough distraction externally. you can't be fighting internally, therefore your cabinet and people you pick have to be -- stuart: a lot of wealthy people. stuart: he is doing a line in cabinet. >> you have to get approved. he picked people that are aligned with his vision and what he promised in this campaign. stuart: if you want to make real money in the schools and go after the real money in sports you got to go to european soccer, you do realize that. >> absolutely. one of the great things about working in the nfl is they owned

premier teams, just finished the search for the jaguars and their owner owns one of the premier. stuart: have you ever searched for a coach or manager as we call it in the premier league? >> of not done that yet. stuart: you want to? >> absolutely. stuart: real money, these guys make 20 million pounds a year for heaven'ske a difference. it the end of the day you got to have value. stuart: i am always right. this is my show. >> are the falcons going to win? they have a great owner. yes. stuart: mister hughes, thanks for joining us. coming up another special guest, david rex, president, chief executive officer of eli lilly, the drug company. he met with president trump. did he get beaten up in that meeting?

two items from california, another executive order in the works that could limit work visas. of interest to silicon valley of california could become the first sanctuary state, i said state. lawmakers want to protect illegal migrants from president trump all across the formerly golden state. we will be back.

stuart: breaking news, senator jeff sessions has been approved by a committee vote. it was 11-9. jeff sessions will be the next attorney general pending a vote in the senate which is likely to pass him as the next attorney general. moment ago right after the vote there was a disruption in the committee room with demonstrators trying to protest and stop the proceedings, they were subsequently let out as you can see, that is moment ago on capitol hill. the vote in favor of sessions was 11-9.

president trump mason signed an executive order that would limit h numb 1b visas widely used in the tech industry to hire foreign workers. this is a big club and president trump is beating up silicon valley. >> silicon valley has many companies, opposed temporary travel health, this could be coming down to hit their bottom line hard. the trump ministration officials have been arguing this program has been abused by silicon valley, bringing in cheaper paid workers and displacing us jobs. stuart: enough. interesting. california wants to be the first sanctuary state. ashley: a number of bill debated in state legislature doing that, some would argue it already is a sanctuary for illegal immigrants, providing money to pay for attorneys for immigrants and stop any effort by the trump

administration to create a muslim registry. republicans and others pushing back but that is the effort in california. i want to mention texas where the texas governor called the sanctuary city issue an emergency, a bill being introduced in texas getting a lot of support that would ban the creation of sanctuary cities in the state. stuart: california want to become a sanctuary state moving forward with that, texas the governor says no more sanctuary cities, we are going to ban them. ashley: been any city from becoming a sanctuary city. stuart: you got that for us. much more ahead this hour. check the market, the dow is up, 13 points. any minute now we will see the president meeting with supreme court group that the white house. no doubt neil gorsuch will be under discussion. me to reach my goals.e what'se

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stuart: we are down 6 points, dow it 18950. now this was our next guest attended the big farmer roundtable, david rex is with us, the president and ceo of eli lilly. great to have you with us. the president beat you guys up yesterday, he wants to get your prices down and make drugs in america. how did you feel? beaten up? >> we feel positive about the meeting because we talked about a broad range of issues which quite often the pharmaceutical industry gets into this pricing debate. our frame on that is this is about portability for patientss and we would like to work with the white house and congress to address that but we also talk about industrial policy, manufacturing and jobs and their are things in the president's proposed policy that could help us expd operations domestically. stuart: did it put it at you what are you going to do for me on the price of drugs in america? what are you going to do for me

about making those drugs in america? did he come at you like that? >> a pretty collegial meeting. i was pleasantly surprised the president had a good understanding of the importance of the us pharmaceutical innovation that we have, 70% of global r&d in the us, we are working on the next set of cures for cancer and serious conditions americans face. stuart: it is really unusual, almost unique the president of the united states and his first two week in office to invite in by a command performance come in the automakers and drugmaker's. haven't seen anything like this before. >> we certainly welcome it and it is a change with where we were for the last couple terms in terms of having an audience, being able to have an open discussion about the issues which the country faces and

certainly the president has been clear about his concern about what people pay out-of-pocket for prescription medications but also how the industry can work with government to advance their agenda and we had a positive discussion on both those fronts. stuart: right after the meeting the ceo of amgen said yes, we will bring 1600 jobs to the united states. did you make that commitment, we will bring jobs here and invest x number of dollars here and get those prices down? >> no. lily didn't do that but what we did say is with the right policy environment particularly the corporate tax rates which to me are an inhibitor for us to it invest, policies to expand operations in the us. it was a general discussion. stuart: would you indulge me for a second? one of the best ways to t the

price of healthcare down and drugs down has been to do something about lawyers to every aspect of drugmaking and healthcare. do you agree with me on that you >> product liability is a concern, we not only bear that for our products, for generic versions and there are frivolous suits, the we would rather not have in terms of specific tort reform that wasn't a big part of the discussion with the president yesterday. it can be an inhibitor and some changes would be helpful. stuart: there are limits to what you can tell me. you are the ceo of a huge publicly traded corporation, a limit to what you can say. >> the president has ideas, a fool agenda, to shape an

environment and good for business. stuart: you can't come on this program and we are gung ho for this or that or we hate -- you can't say that. you cannot get fired up and make declarative statements. >> when you are running a larger rendition have to be balanced but grounded in the facts and we don't have fact in terms of new policies or actions. stuart: forgive me again but in the 1990s people like me did a lot of interviews with ceos of major corporations was that was the era of the ceo interview which i think that era is gone. do you agree with me? >> i spent my day talking to people on tv about earnings and the trump meeting. perhaps today that is not true. that is my counter. stuart: wonderful of you to come on the show, please come again. fire up. good to see you.

took a few liberties. thank you. president trump with the help of the republicans in congress moving to repeal and replace amacare as their first action. that is important. our next guest says tax reform should have come first. douglas holtz-eakin is here from the american action forum. you can speak freely, you can pound the table, i know you can. >> let talk about lawyers. stuart: fire me up, that is the way to go. i think the president and congress have made a mistake. first things first and that would be a tax cut. are you with me? >> the reality is the first thing that will happen will be tax reform. the first vote that will be taken will be to repeal obamacare but they will attach three year delay dates before they take effect and do tax reform shortly thereafter. the biggest thing for the

economy would be a tax bill and that is what i hope turns fast. stuart: will we get a tax-cut package this year? there is all kind of talk that it is delayed and delayed and delayed. >> this comes down to the white house and the president himself. of the white house pushes hard, tax reform happens. if the white house sits on the sidelines i would be skeptical about seeing it yet done. hard for congress to do a loan, requires a lot of leadership, the president making the case to the american people that this is good for them and we need to see that happen this fall. stuart: a man is fired up, his base wants the tax code reformed.resident push and push very hard? >> we have seen the process starts in the house and the house has a proposal and we see a little bit of confusion about whether they like all pieces of that and i think for purposes of getting it done it will be important for the house to get started and the president to say it is not perfect but they need

to go forward with their proposal and at the end we get what is best for the american people. stuart: i do want to hear your comments on apple, not the stock price, not the sale of iphones but that pile of cash they have got, $246 billion, roughly a quarter trillion. donald trump wants to bring that money back to the united states. do you think cutting the corporate tax rate is enough to get $200 billion plus back here? >> that is a classic example why we need income tax reform. it should be back in the us. the reason it is offshore as we are the only country that taxes are firms on the basis of worldwide profits and if they bring it back, every country has moved something, if you earn abroad and pay taxes abroad, all

that comes back in a heartbeat. >> that is an enormous amount of money. you got to trillion dollars of american corporate profits overseas. you think that is a gigantic stimulus program if it came back. >> that is why tax reform is the one thing that could jumpstart the economy quickly, the best way to get capital investment in the us, the be way to raise quality of jobs and get higher benefits, higher pay, the real sweet spot in terms of things that will raise the growth rate of the economy. stuart: we will talk lawyers, thank you, we appreciate being with you. big-time hillary supporter warren buffett bullish on president trump. he bought $12 billion worth of stock after the election not at berkshire hathaway, bought $12 billion worth of stock. apparently he must be leave the

tax cuts from trump will do the economy good. liz: it is a switch. we don't know what investments or what companies hathaway invested in but a pickup in activity in terms of purchases for berkshire hathaway at stock compared to 2015-16 and should be noted his net worth went up ask billion dollars since the election so he is behind bill gates, worth $74 billion. stuart: he is not in favor of tax cuts. >> achieving a 4% -- and he thinks they are going. and -- and virtually dead flat, the dow industrial the two points, apple the stock of the

day. other big names we are watching, huge drop yesterday, no recovery today. biggest drop in two years yesterday, down some more today. harley-davidson another big loser yesterday with a weak sales forecast, down again today. exxon down yesterday, profits stumbled, down again today, a buck lower for exxon. yesterday's big liberties -- loses begin today. the committee that writes the tax code, i will putto him, when do we get the tax cut in front of the president? we will be back.

nicole: i am nicole pedallides was after three days of selling, 236 points lower on the dow jones industrial average, off of earlier highs, 6 points, the s&p 500 down 3, the nasdaq of 12 as we wait to hear from the fed later today. here are the movers, we are watching apple moving to new annual highs, now it is gaining 6% roughly, and the number one smartphone seller after the holiday, exxon and microsoft are

coming out under pressure. facebook developing and apps for x boxes. there are concerns about revenue growth, stock is up 1/2%. the s&p 500 is a loser, that is down 21%, they make postage meters and mail equipment and invitation homes, a new ipo gained 1.2%. your insurance company won't replace the full value of your totaled new car. the guy says, "you picked the wrong insurance plan." no, i picked the wrong insurance company. with new car replacement™, we'll replace the full value of your car plus depreciation. liberty mutual insurance. (snap) achoo! (snap) achoo! achoo! (snap) (snap) achoo! achoo! feel a cold coming on? zicam cold remedy nasal swabs shorten colds with a snap, and reduce symptom severity by 45%. shorten your cold with a snap, with zicam.

stuart: if you're an investor you want to know when we get a tax-cut package. the market recently sold off because we thought maybe we won't get a tax-cut package this year. congressman pete roscoe, republican from illinois on the committee that writes the tax code. which is writing the tax reform package. can you tell us definitively that we will get a tax-cut package this calendar year? >> i think we will and here is why. this current tax code dissolving underneath us and we are at a national inflection point. people recognize it is not working anymore. people recognize the enforcement agency, the irs has lost credibility and companies leaving will continue to happen so i estimate we have eight

months to get this done, to move this through and that is my hope and expectation. stuart: that takes us into the fall of this year. if we do get -- the president signs it this year. does that mean my tax rate, your tax rate and everybody else's tax rate goes down at that point? >> those a decision yet to be made. there is a lot of interests moving expeditiously as possible, because these companies are continuing to leave the united states and the pressure for them to leave is all coming from our own tax code. there is a sense of clarity that there is a window of opportunity. donald trump came in and flipped the game board of american politics, we think we have the capacity to flip the game board of the tax code which is not working anymore. the time is now in the urgency upon us.

stuart: why wasn't fixing the tax code job one instead of repeal and reform obamacare? that is what the country once. the country wants growth and the way to get growth is cut taxes and stimulate the economy. >> they are not mutually exclusive. the work we are doing on the tax code is happening simultaneously with the treatment of obamacare. he repeal the obamacare taxes which we hope to go, we get more room to work in tax reform. they are moving at a similar pace and president trump made a commitment on the course of the campaign trail first and foremost to remove and replace obamacare and he is following up on that but following right behind it is the reformation of the tax code, change this and get rid of the native american tax and move forward. stuart: the president is having a meeting on the legislative schedule later on today. i expect him to push hard for the tax-cut fast.

you agree? >> he is a man of action, he is impatient, failure is not something he is very tolerant of. the country elected somebody to come in and move things, donald trump is seeing that and when he engages on the legislative side i think that is going to be helpful to move this. stuart: please don't disappoint. thank you. now. the brexit man, nigel virage bless them is the mayor of london over opposition to president trump's travel restrictions. >> calling him a hypocrite. mayor con of london held a summit, invited 100 companies to

talk and many of the countries, pose immigration bandon israeli so he tweets why these nations say been jewish israeli, why don't you oppose them. >> what the mayor said he attacked donald trump, the travel halls, and more leadership, about an open democracy. at the same time the mayor is falling for the uk to rescind the state visit for donald trump. at the same time sitting down with 11 nations that ban israelis from visiting their own country. stuart: i know it when i see it. we are down 11 points, the dow industrials, back to 19-852, we are up 100 and down 11. this is the action presidency. we can hardly keep pace. ♪

stuart: one of the themes of this program and this presidency is it is all action all the time dominating the news from dawn to dusk and beyond. our program reflects that. that is what we cover all the time. in opposition to the president is the stop everything democrat party. "national review" columnist, have i got it right, all action president, stop everything democrats, let me carry this further, i think the democrats of don too far, it backfires against them. >> donald trump's strategy in his business career and political career has been to move so far and so fast that he discombobulated his opposition and constantly changes the subject. he gets more done that way. the opposition to him is, i think, there are parts of it that wants to work with trump butter hamden by their days, their basis of furious at the result of the election and so antithetical toany of trump's ideas they are demanding

democrats opposed trump even on silly things that make them look ridiculous like not showing up for work at a committee hearing which didn't work and made them look silly. stuart: ten senate democrats come from states which donal trump won, some by double-digit margins in the last elections. those ten demoats ase reelection next year. there is a limit to how far they can go to stop everything trump and get reelected. >> democrat north dakota is different democrat in new york, they have a different kind of base, they have to appeal -- which is precisely why those are the democrats trump has said if you want to be as obstructionist as chuck schumer is i will fly my plane into your state and hold rallies all over the place before your next reelection. stuart: are you agreeing with me that it backfires and the democrats cannot -- >> it backfires with the democrats who are up for election in 2018 in the states you mentioned. for democrats in safe states they are massaging their base, doing what their base demands through a primary contest.

stuart: on rare occasions when i talk to people in the democrat base i can tell they are utterly contemptuous of donald trump. i go so far as to say they hate him. >> they do and they hated ronald reagan in the 1980s and underestimated him and ronald reagan loved to be underestimated and donald trump loves to be underestimated and surprise people. stuart: i don't know your politics so i don't know if you are saying yes, donald trump will be wildly successful like reagan was. >> he is an action figure, action figures can fly tall buildings in a single bound and trip over there capes. >> donald trump will be both. donald trump has enormous political momentum behind his ideas which i think are popular and will continue to be popular but the execution we have seen at times can be dumpling.

stuart: the public persona is risk. >> only one persona, the same he is in private except in private he can be really charming one on one. i have known him for 28 years and there is no difference between the public and private. >> you can lean on you. almost as smart as i am. stuart: you saw the revelation of the supreme court nominee. but it was not a game show. it was reality tv. he was brilliantly set up. the man is a showman. the ratings for that performance last night, spectacular. >> he is not only the president but continues to be today's most modern pt barnum. stuart: you are fascinated. >> fascinate everyone. how can so much energy in one human being. stuart: a 70-year-old gentlemen. thank you very much indeed. what we are doing right now is queuing up at a. we have a tape from president

trump this morning during a meeting with some people representing groups for the supreme court, no doubt president trump talking about his nominee and held this meeting, listen in please. >> one person would like to be at the table. i have a lot of them. friends and supporters, number one, the election, appreciate all of the help and deciding who to pick for the supreme court and energy was fantastic and you work and jim dement, don't know if jim is here or not. you really helped. the rollout has been fantastic. don't know how anybody got closer, how anybody can impose, it really has been something.

so we had a very successful event, got to know him reasonably well before we did the announcement and is a spectacular man, tell me how they would go about it. perfect at almost everything. what is the? that is -- >> impeccable. >> federalist, did a great job. what are we talking about you working with the judge and making this a fast process and nominating a justice of the supreme court is one of the most important things i can do as president. always had this as i watch presidents the most important thing, i i find that a little

bit, defense to our country might be now otherwise the supreme court. we are doing well in that regard very well. a lot bigger than people understood. that was something, a lot of problems but we will straighten out those problems and straighten them out very strongly. neil gorsuch is an exceptionally qualified person from the standpoint of expeence and education. columbia, harvard law school, at the highest level. great great student, great intellect, supreme court justice's wife, clerked did that, it is really great to have this meeting. we want to have him go through a republican process