other than maybe the fact of me being assigned this seat at the end of the desk is thailand. i mean, there are some serious heros that have emerged over in thailand to get all those boys and their coach out to hats off to everybody. maria: great point. have a great day, everybody. tune into guy's radio show vincent and harp 6:00 p.m. eastern on fox news radio. stu, over to you. stuart: good morning, maria and good morning, everyone. well it didn't take long did it? the explosion of rage began the moment president trump announced his supreme court pick that is judge brett kavanaugh the political action committee said this. the pick will directly lead to the deaths of countless women. the women's march put out a statement, a death sentence for thousands of women, it said. democrat senator elizabeth warren, kavanaugh thinks presidents like trump are above the law that's what she said. total opposition from democrat leadership and on the streets it

turned rowdy and that's putting it mildly. fox news shannon breen was forced to take her program indoors. judge kavanaugh himself spoke moments after the president introduced him. he pledged to keep an open mind in every case and said he would strive to preserve the constitution of the rule of law. the administration wants the confirmation wrapped up by october 1. as republican senator john kennedy of louisiana said, get ready for "a rough, tough, down in the dirt ear-pulling nose- biting fight." i think he's putting it mildly. he's on the show three minutes from now. president trump, he is now on board air force one flying to europe lands first in brussels where he would demand the europeans pay more for their own defense and he has complaints about trade too. he's dealing from a position of strength. america has a booming economy. europe is weak, divided and close to political chaos. before he left he said it's going to be a big, beautiful

week. yeah, so sit back, please, and watch history unfold. varney & company is about to begin. stuart: now, we're going to start with the best good news story in a long long time. the boys in the cave and their coach are out. they are out. it took three days but finally the last boy in that cave with the coach, the 25-year-old coach were brought out but still waiting for a medic and three drivers before we can call it a total success but they're making their way out. it's a four to five hour journey from where this soccer team was trapped to the exit of the cave system. this is remarkable they were down there for 18 days this whole ordeal began when they went missing. they were trapped in the cave for nine days in the pitch dark, two british drivers found them just popped their head up as they started that search and saw the soccer team staring back at

them. that was phase i. phase ii was getting these kids out. a majority of them couldn't swim , they certainly have never even done any diving, and to get out of there, there were section s that were so narrow they had to swim and dive by themselves, which is remarkable when you consider they were weak , malnourished. there was a lot of things counting against them but they managed to pull this off and it wasn't just the thai people were obviously elated but people from all over the world descended on thailand to volunteer their help in any way they could. this is a real feel-good story and a happy ending. >> case closed well great story that's what it is terrific stuff all right now look at this. we will talk your money for a moment the dow is up 300 points yesterday. this is a summer rally. it looks like it's all again, this tuesday morning. we're going to be up about 60 odd points for the dow when the market opens. big profits coming strong growth , that get you going. here is market watcher mike murphy. >> good morning. stuart: i'm calling this a

summer rally you going to take me on? >> no i'm with you we're up about 4% year-to-date now but we've had great underlying economic strength to this market , so although we've seen a lot of volatility recently it's not too long ago stuart where we were talking about no volatility in the market. we've seen a lot of volatility now but overall i think the underlying fundamentals are enough to push us higher so summer rally correct. stuart: okay here is the economic fundamentals. small business optimism remains at very very strong historically high levels, susan tell us? >> beating heart of american commerce still feeling confident , a bit of a dampening in the month of june so yes we fell back a few points but still above the historically 45-year average, so small business in america still feeling confident thanks for the tax cuts and deregulation of the trump adminitration. stuart: all good signs for the market? >> all great signs for the market. the biggest problem a lot of small and medium-sized businesses are finding are

finding qualified workers to hire so a massive shift to where we were a year or two years ago in this economy. stuart: we did that nfib poll that was the hiring intentions best level in a generation. they want to hire people they want it. let me get back to the supreme court nomination senator john kennedy right after it was announced he said "i hope i'm wrong but i surveillances this is going to be a rough, tough, down in the dirt, ear-pulling nose-biting fight" you have it on your screen if you want to read it out to yourself. the man himself is with us. senator kennedy welcome back to the show. you're a remember of the senate judiciary committee, you've had strong words there but at the end of the day, is judge kavanaugh going to be confirmed by october 1? >> i certainly hope so and i like what i see so far. i'm disappointed, stuart, that some of my colleagues have mainly on the democratic side have already dismissed him, they don't even know him.

i'm going to do my job now as a member of judiciary and confirmation. i want to cross as i've said before between socrates and dirty harry, a person of wisdom but courage that has the courage of his convictions. i need to know what's in the man 's head but i want to know what's in his heart. i'm impressed that he went to yale. that's an impressive thing. i'm impressed he went to george town prep but i want to know if he ever had a first job, if he ever had to worry about where his tuition was coming from or if he ever spent hot august on top of a roof nailing down plywood and all that will come out in confirmation. stuart: sir you're a wonderful guest on this prom and you're known for your one-liners. you want a cross between socrate s and dirty harry. >> yes. stuart: did you spend yesterday creating that one-liner, planning to deliver it on our show? >> no i said the same thing about justice gorsuch. now i realize that's an ideal that no one can achieve but i

want a close approximation of it and i thought justice gorsuch came pretty close and i want to see if judge kavanaugh can come close. part of wisdom and courage in a good judge is understanding the role of the judiciary and the supreme court. i don't want a legislator. i want a judge. i want somebody who will be a neutral arbitor, who will follow the law. you can't be a good judge unless sometimes you reach a decision on the basis of the law that you may personally disagree with, but you reach that decision anyway because that's what the law commands. i don't want an activist. i don't want somebody whose not going to try to rewrite the constitution every thursday. now if you want to be an activist and ledge legislate run for congress but you don't need to be on the supreme court. stuart: president trump as you know is heading to the nato summit in brussels as we speak. i'm going to listen to what he said before departing for europe

this morning. roll tape, please. president trump: nato has not treated us fairly but i think we'll work something out. we pay far too much and they pay far too little but we will work it out and all countries will be happy. stuart: senator it sounds to me i believe president trump is going there from a position of strength. what say you? >> i do too, stuart and here is what i hear the president saying our alliance with the nato countries is an extraordinarily valuable asset. i guarantee you russia and china would love to have that asset. having said that, everybody's got to carry their own weight and the president is absolutely right. for 30 years, at least, the nato countries have not paid their fair share in our mutual defense agreement and the american taxpayers had to carry the load, and all the president's saying as i interpret it, he's not

saying nato isn't a good organization. it is. it's valuable, but everybody needs to pull their weight and the nato countries have got to pay more. we're paying 70% of the freight now and that's not fair to the american taxpayer. stuart: fair enough senator we appreciate you being with us and we hope to see you again real soon. thank you. >> thanks, stuart. stuart: yes, sir let's get back to money. where are we going to open this market in approximately 20 minutes time we're going to be up again looks like a 70 point gain on top of the 300 point gain that we had yesterday. summer rally. look at pepsico, please. higher profit, better sales the stock is up nearly 3% good gain there. now look at tesla. elon musk is going to china this week, actually the stock is up pre-market 2% nice gain there. tell me about the plan. you're going to build a plant? >> a massive plant in shanghai, in the suburbs of shanghai capable of making 500,000 vehicles per year. this is according to media

outlets in china. it's already apparently assigned agreements with the shanghai municipal government, the development agency there. interesting how does this play into mr. trump's bring it back to america, made in america, that's going to be interesting to see what tweets we get from the president when this is announced, but interesting move and the pre-market has shown the tesla shares have gone up from this news. stuart: and they've gone up again this morning up about another 2%. >> there you go. >> and also the factory will build not only cars and batteries as well that's what elon musk said on the conference call will be for the future any factory they build will build batteries and cars. stuart: and doesn't need trump's permission to build that plant in china. doesn't need it. >> nope. stuart: okay got it. look at kroger. a grocery store chain, yes it is well it's getting into the clothing business. kroger fashion, there's a headline for you launching its own line of apparel trying to compete with wal-mart and amazon will you be a shopper? >> well if it's next to the can

telopex special maybe. it's supposed to be grab and go and the line is going to be called "dips." stuart: can't resist you look like a dip. politics, president trump is en route to europe visiting nato first after the uk where we're expecting big protests, including this. can you see that? that's a giant blimp, a giant baby trump i believe its got diapers on. >> [laughter] stuart: this is a balloon flying in the skies above london. the mayor of london gave protesters the go ahead to fly this thing it's a flat out insult brought to us by the mayor of london. how about that? >> thank you very much. stuart: all right, big story of the day, president trump nominated brett kavanaugh to the supreme court this is a big shift taking politics away from the judiciary, judge napolitano passes judgment, next. with expedia's add-on advantage, booking a flight unlocks discounts on select hotels until the day you leave for your trip.

add-on advantage. only when you book with expedia.

stuart: well let's get back to the kavanaugh nomination. the women's march jumps the gun,

sent a statement not even naming him. tell me what happened. >> well it's pre-written and poorly edited. let's show you how it looked last night, a statement from the women's march. basically became the subject of machery on twitter on monday night so the femininist group blasted at the statement saying xxx in response to donald trump 's nomination congratulations and basically sean spicer saying agreed, luck you'll it they went with xxx, but basic think they spelled the name wrong as well. >> [laughter] >> so this is an oops that went out on monday night. stuart: it got worse from there on out. all right susan let's get more on the nomination you know whose here. i don't think he's laughed yet, judge andrew napolitano. >> thank you. stuart: look, to me, this is getting, you have a move away from legislating from the bench. legislating from the supreme court. i think this moves away from that. >> i wish i could share that

view, so you have the social conservatives pushing judge barrett the mother of seven children and overtly catholic. you had the intellectual conservatives pushing judge keth ledge whose a splitting image of justice gorsuch, the president's sister pushing judge hardeman, and the republican establishment formerly known as the swamp pushing judge kavanaugh who was the decision of the president eventually made when justice kennedy went to the president to say that i'm about to retire, he had a secret mission. to recommend his successor. the recommendation? judge kavanaugh. unprecedented that a supreme court justice at the moment of resignation would suggest to the president who should replace him , so there are arguments on both sides here. conservatives that don't like him for letting hillary clinton off the hook as a young prosecutor in the vince foster investigation. there are conservatives who love him because he wants to dial back the administrator state

because he's pro-life, because he's pro-gun and pro-police. there are libertarians not crazy about him because he's pro- spying and not a fan of the fourth amendment so when you say no legislation, he brings settled ideas to the court about how the constitution should be interpreted, as any nominee would. stuart: he says i'm going to keep an open mind in every case. always strive to preserve the constitution of the united states and the rule of law, and i will interpret the constitution, not make law. >> well that would -- stuart: isn't that taking politics out of the judiciary? surely it is. >> but that is a plain vanilla statement which you would expect a nominee to make. you would expect a liberal nominee to make the same statement at that moment but once the black reason is on and it's on for life, this person will be guided by his instincts and those instincts are -- stuart: to preserve the

constitution. >> washington establishment instincts. exactly what donald trump said he'd run against. stuart: it's the exact opposite of the shadings which were written into judgment in the early 1970s. specifically roe v. wade. >> do you know what those numbers protect? your privacy in the bedroom. without those the government with legislate in the bedroom. do we want to go back to that? stuart: i don't want to go back to that. >> thank you. stuart: but i do want to go to the point where my vote counts on the important issues of the day, which affect me and at the moment my vote does not count for anything. >> so that's why you have a person whose ways of looking at the world are a lot closer to donald trump's than they are to hillary clintons because elections matter, and that's why there will be a basically conservative majority on the court but it will also be a big

government, anti-civil liberties , pro-spying majority. is that what you want? stuart: big government? no. he's going to, he may well reign in the regulatory state. but not the power of the agencies. >> i wish he would rollback the power of the agency called the n sa. instead he supported capturing every keystroke and phone conversation we macon our iphone s. stuart: well you regard it as a strict interpretation of the constitution. you're more strict than i am. you wouldn't read -- >> i'm more strict than almost anybody. stuart: exactly. taxation is theft. you are still trying to argue that one. >> yes. stuart: thank you. >> [laughter] i love you stuart. stuart: got him in the last five seconds. >> and a belated happy birthday i won't say the number. >> [laughter] stuart: just before the show started i was saying i don't want to make a big deal out of my birthday. thank you. >> [laughter] it's a big number. stuart: yes it is.

a really big number. >> [laughter] stuart: concentrate on the market look at that we're going to go up again at the opening bell 300 up yesterday up about 70 maybe 80 this morning i'm calling it a summer rally and listen to this. the church of england says it's divesting from any company that doesn't support the paris climate accord. they say they're making the move to safeguard god's creation. i am currently an episcopalian whether i am after this break is another story. >> [laughter] and now for the rings. (♪) i'm a four-year-old ring bearer with a bad habit of swallowing stuff. still won't eat my broccoli, though. and if you don't have the right overage, you could be paying for that pricey love band yourself.

so get an allstate agent, and be better protected from mayhem. like me. can a ring bearer get a snack around here?

stuart: of course you might want to see this for the benefit of our radio listeners we'll tell you we're going to go up again about 70 odd points at the opening bell this morning. yes, summer rally. look at the big techs please, on a terror recently how are they doing this morning? well facebook is unchanged at 2.04, amazon is down but apple, microsoft and alphabet all up. now this the church of england wants to, wants companies, it says look if you're a company and you don't, wait a minute, wait a minute. can you explain this? >> please. >> [laughter] >> the church of england says two companies that it invests in if you don't get in line with the regulations and beliefs behind the paris climate accord we're going to divest out of you

not very christian is it threatening people? i don't know but anyway they said you have to do it by 2020 and now they did an extension to 2023 and if by 2023 you haven't taken steps to become greedy then we're out of your company. it's interesting. they said before they used to try and influence behavior. that hasn't worked now they're threatening to take the money away full scale. stuart: the church of england has gone back to its pagan roots but how does a catholic feel about this? >> i don't know if you'll like my response here but it's their money and they can invest it where they like how they like it if they want to put it in a church. stuart: but i contributed that money. >> you do and you have a choice to make there. so you can move away from the church but i believe impact investing which is kind of what this is kind of disguised as is becoming a big thing. people want more to say with the dollars they invest so i'm sorry but that's my take on this.

stuart: you're asking to leave the episcopal church that's what you're doing. say it. say it. the dow is going to go up about 60 odd points when the opening bell rings stay with us because we'll take you right there. watch that market go. we'll be back. jardiance asked: when it comes to managing your type 2 diabetes, what matters to you? you got a1c, heart, diet, and exercise. slide 'em up or slide 'em down. so let's see. for most of you, it's lower a1c. but only a few of you are thinking about your heart. fact is, even though it helps to manage a1c, type 2 diabetes still increases your risk . . es and heart disease,

significantly reducing the risk of dying from a cardiovascular event and lowering a1c, along with diet and exercise. this really changes things. jardiance can cause serious side effects including dehydration. this may cause you to feel dizzy, faint, or lightheaded, or weak upon standing. ketoacidosis is a serious side effect that may be fatal. symptoms include nausea, vomiting, stomach pain, tiredness, and trouble breathing. stop taking jardiance and call your doctor right away if you have symptoms of ketoacidosis or an allergic reaction. symptoms of an allergic reaction include rash, swelling, and difficulty breathing or swallowing. do not take jardiance if you are on dialysis or have severe kidney problems. other side effects are sudden kidney problems, genital yeast infections, increased bad cholesterol, and urinary tract infections, which may be serious. taking jardiance with a sulfonylurea or insulin may cause low blood sugar. tell your doctor about all the medicines you take and if you have any medical conditions. man: ask your doctor about jardiance and get to the heart of what matters.

♪ stuart: i'm calling it a summerallly. the dow went up 300 points yesterday. it was up a couple hundred points closing part of last week. i call that a summerallly. when the bell stops ringing, they start trading i expect the rally to continue. [opening bell rings] bang. it is tuesday morning we're off. 48 points, 55 points, 57 points. we're up right from the get-go on wall street this. s&p, similar gain, show me, please? yes, similar, five 1/2 points. nasdaq home of the technology stocks, with is that? up a bit less, about .17%. a nice gain for the dow and s&p. a decent gain for the nasdaq. how about big names, big tech technology companies. facebook down a fraction, 20 cents. amazon down a fraction, 23

cents. apple down 190. alphabet, 1168, it is up. microsoft as 102. small business optimism at historically high levels. market started rally mode. there are red flags on the horizon. for example, a fed study, says tax cuts won't give much of a boost to the economy. guggenheim head of investing, scott minerd says the rally in stocks is the last hurrah. i see some people dying to have a go at that. susan li is with us. ashley webster is back, mike murphy and dr barton. first of all, murph, throwingp your hands. >> sell everything, and wait for scott minerd to tell you when to get back in. stuart: you don't agree with that? >> i couldn't disagree more. to say the rally is over, sounds like a political call and not a

market call. not sound financial advice from anybody on the face of the earth. stuart: wonder if we hear from scott minerd? >> happy to discuss it with him. stuart: you see the red flags, you take them into the account? >> i see growing yellow flags but not yet. remember over the past 67 years, stuart. july has been the strongest market month. not many people know that. stuart: i didn't know that. >> this is good summerallly. i'm with you full on board for your summerallly, i think, minerd is a smart guy. i read some of his stuff before, premature, premature. stuart: russell 2000, another all-time high. moments ago, we're off, we're running, summerallly. what i call it. look at grocery store chain, kroger. announced a fashion line, getting into the apparel business. >> what? convenience. stuart: competing with amazon and walmart. wait a second, kroger is now a player in that marketplace. >> yeah. they want to compete with

amazon. why they're introducing dip, which is basically grab and go. that is the theme they're trying to trade on. not for everybody. i think for busy moms, shopping in the grocery aisles, might as well pick up some clothes. >> bringing in a 30-year vet who has a lot of credibility at the fashion market. he worked at some great brands. maybe that can make it work. it's a long way to go to say they're competing with amazon. >> sales are up 66%. stuart: that is interesting. crowinger is trying. they're pulling out all the stops. they're doing something and opposed getting back being bought by somebody. >> great idea. horrible name. not even susan li can say dip without laughing. you're already there. you're already there. they're already selling clothes. what they're doing is bringing in more profit margin for the company. not seeing big reaction yet. stuart: would you buy it at

28.90? >> i like kroger here. stuart: tesla planning to build a new plant in china? ashley: in last minute they signed a memoranda of understanding with the shanghai government to build a plant in the chinese city of shanghai. capacity of half a million cars annually, 500,000. eel loon musk is in shanghai, meeting officials, pressing the flesh. off to beijing later this week. >> something we've been talking a lot about. they have already of course hyped up. this will abdul factory in the future for batteries and cars as opposed to individual ones. stuart: market likes it. 327 on tesla at the moment. big board up nicely, solid gain this tuesday morning. 85 points higher, 24,800. pepsi, better profits, better sales, stock is up 2%. oil prices holding close to four-year high, i think this is

four-year high. the price of gas is not yet moving up. i think it will but not yet. still at $2.86 per gallon the national average, same as yesterday by the way. house lawmakers, they want answers from alphabet and apple, how those two big tech companies handle user personal information. here we go again, on the stand, answering questions about using person small information. it goes nowhere. the stocks are like teflon. >> goes nowhere. in this day and age you have your information, it's out there, people have access to it. if you have something to hide you shouldn't use a cell phone or any sort of computer. people do have access to your information. ashley: there is no expectation of privacy think more. if you think you have it you're sadly mistaken. stuart: there is no expectations that politicians rein in big tech where they have to change their business model. ashley: would have happened by now. stuart: facebooks of this world at 204, $205 a share. all-time high.

>> i think they're still concerned about splitting open the golden goose instead of allowing it to lay the golden eggs. if you do too deeply. they are giving free services in exchange for information. everyone understands that contract as ashley said. as long as we understand that accordingly everybody profits. >> s&p expecting double-digit growth in the quarter. stuart: how about that? another big techer to. microsoft will roll out, they are already maybe, they rolled out a small tablet, about 400 bucks. mike murphy, why wouldn't you buy one? >> i think tablet market as a whole phones gotten bigger and better, very niche market that goes for apple's ipad and this microsoft. they're trying to keep up with apple. i think the phone is where the future is. stuart: are you talking down the stock? >> i talked it up to you several times. i love what microsoft is doing. i love what they're building so

many different fronts, cloud, gaming, xbox, this isn't a big mover. stuart: you're wait for me to retire, ashley. microsoft at 1000 bucks a share. ashley: you will never retire. you're having too much unfun. stuart: i'm too old. ashley: too old to retire. stuart: i'm older then, i'm younger than that now. remember the kerfuffle i shall put it, ihop changing its name? ihop admits it was a publicity stunt. total failure, ashley. ashley: i think so. other was disagree. it is a waste of time. we're talking about it but i still don't think it is a bigger deal. >> i think money well-spent. we are talking about it. got pub lusty we're looking for. -- publicity. ashley: twice. >> got a good bang for their buck. ashley: what was achieved? we're talking about ihop. we didn't know it was there.

>> got their name out there. people went to visit, wonder what this is about. they got burgers out there. ashley: no, no. >> we're talking about it again because -- >> they planned on switching name to burgers, there was such backlash they went back. stuart: you're probably right. you're probably right. here is another below the horizon story, mgm is joining hyatt and starbucks banning plastic straus. do we need to talk about this. does anyone want to say anything about this? >> paper straws they're using in place are completely useless. plastic leads are useless. using paper straw has no use, it frays. good for the environment. seems like a lot of big corporations. >> mcdonald's as well. >> mcdonald's is looking at it. they are going that way. it is visibility issue. you can only see suffering marine animal pictures before you start getting sympathy for this cause. i think it is very small margin issue that people will jump on board with.

stuart: interesting story, isn't it? ashley: are there such pictures? ocean is full of plastic straws. >> england would like this move. stuart: i can get on board with that, if that is the price, i will take a paper straw, thanks very much. i never thought i would say that. let's get serious. bright economic news, small business optimism at historically high levels. susan. >> month of june, a bit of dampening, 45 year average of small business. they reaped benefits from tax cuts and deregulation. stuart: look at that market go. russell, all-time high, there you have it, 1708. dow up 108 points. both our guests, dr, mike murphy, you said this is summer rally. >> yes. stuart: right indeed, gentlemen. thanks everyone. check the big board one more time. we're up 104 as we speak.

24,800. next case, boston's democrat-led city council may let non-citizens vote in local elections. the woman who wants to unseat massachusetts senator elizabeth warren coming up to comment on that. smucker's selling off the pillsbury unit. >> what? >> how about that? the doughboy going private. this is 375 million-dollar deal. we'll tell you all about it in just a moment. >> oh, pillsbury. ashley: just a lot of hot air. ♪ copd makes it hard to breathe. so to breathe better, i go with anoro. ♪ go your own way copd tries to say, "go this way." i say, "i'll go my own way, with anoro." ♪ go your own way

once-daily anoro contains two medicines called bronchodilators that work together to significantly improve lung function all day and all night. anoro is not for asthma. it contains a type of medicine that increases risk of death in people with asthma. the risk is unknown in copd. anoro won't replace rescue inhalers for sudden symptoms and should not be used more than once a day. tell your doctor if you have a heart condition, high blood pressure, glaucoma, prostate, bladder, or urinary problems. these may worsen with anoro. call your doctor if you have worsened breathing, chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain while taking anoro. ask your doctor about anoro. ♪ go your own way get your first prescription free at anoro.com.

at crowne plaza, we know business travel isn't just business. there's this. a bit of this. why not? your hotel should make it easy to do all the things you do. which is what we do. crowne plaza. we're all business, mostly. stuart: rally is holding. we're up 100 points in very early going this tuesday morning. smucker selling its pillsbury unit for $375 million.

nicole, better come into this. tell me what is going on here. >> you won't see the pillsbury doughboy with smucker's anymore. they sold it off to a private equity firm. they bought this whole brand back in 2004 for 840 million. they had canned milk with it. they sold that part off. they're selling off the baking business. no one is buying it anymore. they have intense competition from pinnacle foods, duncan heinz, that they are not buying preprepared cake mixes from the shelf. they want fresh foods. general mills sold off green giant. nestle sold off butter finger, baby ruth. you know what that is? coffee and pet food. watch for folgers to get a whole makeover. 1965, the bills bury doughboy, might see it in some way, shape or form but not owned by smucker's. stuart: nicole, thank you very much indeed. do you want to pay off your

student debt in we have a game show to tell you about. >> 44 million americans, $1.3 trillion in student debt. this trutv game show, call "paid off," contestants mostly 20s, 30s, a chance to wipe away 100% of their show. trivia show to test depths of their knowledge when it comes to degrees. psychology majors. ashley: if you didn't pay attention in college, you're screwed. >> how much debt will wipe away, but some people have debt, owing as much as 50,000 and up, as you know. stuart: above, actually. great idea, what is wrong with that. >> there aren't that many contestants. how many people get their loans, wiped away. stuart: good idea for a game show in my opinion. if i owed a fortune i would be on the show. let's get back to the supreme court. i want to show you judge kavanaugh discussing his

philosophy right after he was nominated. roll tape. >> my judicial philosophy is straightforward. a judge must be independent and must interpret the law, not make the law. a judge must interpret statutes as written. and a judge must interpret the constitution as written, informed by history, tradition, and precedent. stuart: joining us is carrie severino. judicial crisis network. former clerk to justice thomas. welcome to the program. you're spending big to get judge kavanaugh appointed and confirmed. the bottom of all of this, do you want to overturn roe v. wade and gay marriage? >> no. at the bottom of this we want the kind of judge, the justice judge kavanaugh described, faithful to the law, faithful to the constitution. this is not about a laundry list of issues. some treat the court this way.

my philosophy and thankfully from the president, we want someone with judicial principles, american people's representatives, congress, people make the laws. we have judges apply them without substituting their own policy preferences. stuart: is this the man, or this is the person, or this is the judge you would have preferred because he fits your image of trait with the constitution? >> i was very happy with all the finalists on the list, but i have to say i've been really impressed with the applause we're getting about kavanaugh, even from people on the left. people like yale law professor, solid liberal, saying look, guys, give this guy a chance because this is someone who is incredibly qualified, one of the leading judges on the federal beech, known nationwide, regularly cited by supreme court. i found a dozen cases where the supreme court adopted his reasoning. so well-respected. peel on the left, we might not agree with president trump and everything, but for a trump

nominee even though think it will not get better than that. people who agree with trump, will be overjoyed. stuart: as you know, obviously it will be a brutal, drag-out fight. you will be spending money during that fight to try to get justice kavanaugh confirmed. how will you spend the money? >> we launched a campaign with democrat senators but red states like alabama, north dakota, west virginia, indiana. as well as we have a website, called, confirm kavanaugh.com. learn about his bio and major issues he ruled on. huge grass root and network campaign. 200 plus conservative organizations. a lot of different fronts where we make sure people hear about the justices. stuart: i want to jump in for a second. you are targeting those democrat senators who are up for re-election in states which mr. trump won very well and very

easily in 2016 i'm thinking west virginia, north dakota, and indiana. you're targeting those three democrat senators there up for re-election. >> that's right. as well as alabama where we have senator jones who wasn't here during the gorsuch confirmation, obviously alabama a very red state. somewhere where president trump is very popular. of all the things trump is popular for, this is the absolute winner. supreme court nominees something drove people to the polls for the president. they have been very happy with and particularly those three up for re-election, they voted for gorsuch. i don't see how you can vote for justice gorsuch and look at brett kavanaugh, not say someone in the same lines. he has even more experience on the bench, more of a reputation in legal circles than justice kavanaugh or justice gorsuch. should be easy decision. they will get a lot of pressure from the far liberal fringes. we'll see how they walk the

tightrope. stuart: thanks for joining us this morning. appreciate it. thanks. back to your money, where is the market, up 100 points. that is the story in brief. we have 25 of the dow 30 in the green. they are up, four-days in a row the dow has gone up. the mayor of london giving anti-trump protesters permission to fly a giant baby trump balloon over the city of london while mr. trump visits britain. in my opinion? that is a disgrace. more "varney" after this.

we have got a problem. a few problems actually. we've got aging roadways, aging power grids, ...aging everything. we also have the age-old problem of bias in the workplace. really... never heard of it. the question is... who's going to fix all of this? an actor? probably not. but you know who can solve it? business. because solving big problems is what business does best. so let's take on the wage gap, the opportunity gap, the achievement gap. whatever the problem, business can help. and i know who can help them do it.

streaming "must see tv" lhas never been easier. paying for things is a breeze. and getting into new places is even simpler. with xfinity mobile saving money is effortless too. it's the only network that combines america's largest most reliable 4g lte with the most wifi hotspots and it can be included with xfinity internet. which could save you hundreds of dollars a year. it's a new kind of network designed to save you money. click, call or visit a store today. so, howell...going? we had a vacation early in our marriage that kinda put us in a hole. go someplace exotic? yeah, bermuda. a hospital in bermuda. a hospital in bermuda. what? what happened? i got a little over-confident on a moped. even with insurance, we had to dip into our 401(k) so it set us back a little bit.

sometimes you don't have a choice. but it doesn't mean you can't get back on track. great. yeah, great. i'd like to go back to bermuda. i hear it's nice. yeah, i'd like to see it. no judgment. just guidance. td ameritrade.

stuart: president trump left this morning for his whirlwind tour of europe. he starts with nato. then goes on to britain. goes on to britain meets the queen. while in britain the mayor of london will allow a giant baby trump balloon to fly over the city. come on in steve hilton, former strategy director for david cameron, britain's former prime minister. david, i get right to it, i think that balloon is absolute insult and disgrace. what say you? >> i agree. that is how it is intended. president trump will have the last laugh here, because he is arriving in the uk off back of booming economy as a result from his policies, a big historic

move on the supreme court he is widely praised for while the uk is in total shambles over "brexit." one last thing to remember is that, frankly if england beat croatia tomorrow, no one will give a flying balloon about anything than the world cup finals. stuart: about the same when the president arrives in brussels today, right about the time france plays belgium in the other semifinal, then goes on to england and britain. there is the other semifinal, england, croatia, you're quite right. i'm having hard time getting over insult from the mayor of london. can you imagine a similar balloon flying over new york city with angela merkel in a diaper? can you imagine such an insult? of course it will not happen. this is my opinion, i will get to you. "brexit," do you think it will ever happen? do you think the brits will ever extricate themselves from european socialism?

>> i really hope so, stuart. it is hard to see. this is the consequence. what we're seeing here, the consequence having someone leading "brexit" process and theresa may, who doesn't believe in "brexit." she campaigned against it, voted against it. her whole mind set on "brexit," seeing some kind of a threat to be minimized rather than opportunity to be seized. the problem is, it is very hard to see how you can get rid of her and replace her with someone who truly believes in "brexit" like michael gough. who would be great. they think she is terrible but no mechanism to look challenging her. the parcel american terri a arithmetic keeps her safe. looks like britain women stumble on in this semi"brexit" as boris

johnson said in his resignation. stuart: they desperately need us, desperately need president trump and a trade deal. >> that is the most stupid thing about the "brexit" proposal that theresa may put together which boris johnson resigned over. that proposal would actually block the uk from doing the kind of big, beautiful trade deal that the president actually wants to do. it is completely mad. stuart: well-said. well-said indeed, steve hilton. anytime you want to come on this program you are very welcome, sir. thanks for being here. >> always a pleasure. see you soon. stuart: gotcha, steve. it seems simple, doesn't it? the way it was meant to be. congress should legislate and judiciary should judge. i think that is how it is supposed to be. my take on that in a moment.

..

stuart: congress should legislate. is there some day wrong with that statement? i don't think so. that is our constitutional system. that is how we're supposed to operate. our judiciary has strayed a long way from a separation of power and function. policy has all too often been handed down by judges. this is what worries so many people and this is why so many people want the rule of law to be respect and by our supreme court. is this going to be a problem for democrats? the last generation they relied on the supreme court to legislate them. they didn't have to go fight for votes for their causes and martial majority. they went to the supreme court about what they want. but it does enormous resentment. so many people felt that policy, which affected them directly with set by unelected judges. there broke meant nothing. political power had been usurped

by the judiciary. president trump is rebalancing our constitutional republic. first it's just a score such and if confirmed. he would strive to preserve the constitution of the united states in the rule of law. they would not make law. the constitution and they organize a bright and shining society. judge kavanaugh will keep it that when president trump will make a positive mark on america for decades to come. the second hour of "varney & company" is about to begin. 10 minutes from now, leonard leo helped president trump take breath someone, also helped get neil gorsuch on the bench.

he will join the moments from now. let's check your money. up 100 points for the dow industrials and where 26 of the dow 30 on the upside. what is driving the dow? two stocks in particular. they are out nicer this morning. exxon up 1%. 125%. all prices are today. the big tech names with most of them are today with the exception of facebook to see what we've got. $203 a share. amazon 1740. apple 190. alphabet 1170. microsoft 102. moving on, higher profit and sales at pepsi. however, going to tell you beverage sales in north america fell for the fourth quarter in a row. who cares. profits are up 4% higher.

stocks up for days in a row today. joining us today today on managing director, scott shellady. are you on board it back? >> two things could drive a pier number one earnings this week at number two the economy definitely doing better than it was. i'm not one that's going to say it's red-hot, but it's definitely doing better. mulhall drive the stock market. steve knight the president is about to go to britain. you're in london. you are there they are going to fly this loan over london. what is the feeling on the ground about our president? >> on the ground they think she's fantastic.

there is a groundswell of support for donald trump and in a crazy way he might be able to save theresa may. there has been a groundswell of support having donald trump in brussels this week. maybe we could solve two things at once with donald trump doing our work. stuart: only here his contempt for president. i never heard anyone except you today say there's a groundswell of support for president. >> the mayor of london was on one of the television shows early this morning and he was absolutely ripped apart for the baby boom on friday picking a much applicable in a barack obama or hillary clinton. you cannot imagine not because it would never happen. the man on the street thinks they would love to have a fire person like donald trump run

this country. >> stay there. i want more from you. stay there, please. the president speaking to reporters at his european trip. roll tape. >> we cannot be taken advantage of. we are being taken advantage of by the european union. we lost $151 billion last year on trade and on top of that was spent at least 70% for nader when it helps them a lot more than it helps us. here is the european council president donald tusk responding to a president trump just said. >> after all you don't -- [inaudible]

does the president have a point about nato and the europeans paying their share? >> the president does have a point. you have eight of 29 allies meeting the 2% threshold committed in 2016. about eight of 29 plan to meet back, but that leaves a gap in president trump has the right to criticize allies. they focus on burden sharing at the summit because there's a lot of positive things that can come out and support u.s. interests. >> like straight for example. a trade deal on autos and auto terrace with germany not out of the question. a trade deal with the prince who desperately need trade support. can we see something there? >> they will not talk about trade, but the president will unleash a double-barreled on trade-in on burden sharing. as a result, there is a way to

find her at a u.s. frustration and u.s. commitment and make the united states have a strong stance is president trump meets putin. stuart: do you think he would get something on his trip to europe? >> the president could take a big tour that. he could showcase because of its pressure from allies or started to increase defense spending. there are a number of allies of the threshold made by 2024. because of the we've done that. i think he wants to put more pressure on allies and he will be punishing them for their lack of needing the 2% threshold, which is in. stuart: what is he going to say to the russians? egos there right after these contentious meetings with european spears >> a strange aspect is yes much

more control meetings with adversaries than allies. he will be much more comfortable meeting with putin. he's not going to be criticizing them. they can come up with the big deal on ukraine in north korea. will that substance benefit the united states and will there be any concessions or risks potentially like a decrease of u.s. military exercises in eastern europe similar to what the president committee to unilaterally at the singapore summit with the koreans. stuart: way before he left, the president said going to be a big company beautiful week. from the point of view of the president, from the point of view of america's interest, will he come back and will he be able to say it was indeed a big company beautiful week. >> in terms of optics, they will claim he had a big company beautiful week. in terms of substance further strengthen the nato alliance come his posturing rhetoric will undermine the alliance. in terms of his meeting with

putin, concrete progress in removing russians from ukraine in getting political settlement in syria and to commit to sustaining sanctions on north korea. that remains to be seen. most importantly, is putin willing in trump willing to do an actual commitment not to meddle in the 2018 elections? it will be difficult to get that commitment. stuart: i'll put you down as a skeptic. >> i think that's a fair assessment. we appreciate you being here. scott shellady still with us. are you aware that chick-fil-a is off wearing free food to anyone who dresses like a cow today? >> all i have to say if there must be a god. i'm 100% behind us.

stuart: are you blocking the streets of london dressed like that? >> i have and it elicits a little bit of attention every now and then. once in a while and recognized in the streets of london and israel untrammeled -- italy. stuart: your recognized because of the show? >> when a percent. they say the cattle guard from "varney & company" ever single time. stuart: i have no idea where the chick-fil-a is in london to be honest. you can't see it, but there's a picture of your brand of the cal motive. is that still back in america? >> we bring the gospel to people and it's not that hard. it's common sense. looks good, tastes good, probably could. at the end of the day lower

taxes, lower regulations will work out just fine. >> come back down for free food. here's what's coming up for you. big day for brett kavanaugh. he will meet senator mcconnell and grassley. white house press secretary sarah huckabee sanders confirmed by october 1st. help the president take mr. mr. kavanaugh. leonard leo is with us next. condemning cynthia nixon running for governor of new york. she called i see terrorist organization. president trump this morning said we need to support them not condemn them like the democrats do. we are on it. boston allowed in most collections.

lindstrom, one of the republican candidates taken on elizabeth warren and massachusetts is with us later this hour. you are watching the second hour of "varney & company." ♪

stuart: we are off and running. a big day. look at this market. i call this a summer rally up 130 points. 24,900 is where we are. price of oil going up somewhere. at $74 a barrel, .79%, to $74 per barrel. gasoline not yet responded to the recent run-up in oil prices, which is still 286. that is for now the national average. the next case, look at this video. hundreds of protesters rallied

out by the supreme court after president trump picked brett kavanaugh for the supreme court. shannon bream had stuart: have a live show from the court. then she tweeted she felt threatened and had to be. here is what she said. literally had to bail on our live show from scotus, that's the intimidation model going on out there. joining us now, adviser to the judicial nominations, leonard leo, favorite guest on all kinds of tv shows including this one. >> great to be here. stuart: let the legislative legislate and lead judges judge. does the nomination of judge kavanaugh bovis towards the constitutional position? >> assured us. that is what judge kavanaugh believes. a judge is most clear when he or she interprets the law as it enforces limits on government power in the constitution as favors understood them.

stuart: i see this as a problem to the democrat on the left in particular. they simply let the supreme court. >> one of the reasons why they are out there on the steps as you saw is because they get most of their policy results. you understand it's not their role. it's going to be done to the political process. stuart: roe v. wade and gay marriage is now under card. >> i don't think we should assume not at all. brett kavanaugh understands the president has to be respect it and he'll do it. he struggles with that, grapples with the. in fact come is one of the authors of the leading book a need for president. stuart: has he said that? president is president will be respected. >> with that, struggled with, respected. he is someone who is very

fairness in predetermined cases before he hears them. stuart: did you suggest judge kavanaugh? >> at the end of the day this president is in the driver seat in a way no one has been in my professional life. he ran on my list. he owns. he propelled himself to election on part of this issue. he continued the momentum and this was an intense process over the last couple weeks where he interviewed candidates. >> have you spoken to the president to the president one-on-one offered advice on the nominations? >> economy on a number of occasions to talk about it, but it generally drives those conversations and that's the way you want a habit. you want a president who understands it's his most important legacy and he does believe that. stuart: sarah huckabee sanders, press secretary, said she hoped to get the nomination wrapped up

in confirmed by october 1st. is that a realistic timetable? >> event. the president is doing great. this is a fabulous nominee. why not. >> the republicans have only 50 votes. 50 senators in the united states senate. they need every single one to get this confirmed. >> the democrats have three or four members who are not exactly riding high right now. stuart: if you had to guess, i hate cabbies regulate, the du think those three senators in particular from north dakota are from indiana using public to confirm it? >> senator joe manchin has been extraordinarily reasonable and thoughtful with regard to other judicial nominations. i think it's going to get right, not a fair shake here and i don't know what is going to do, but we look at the issue carefully and fairly. the same can be said for a couple of other democrat

senators. i think you will get done. stuart: is an exaggeration to say president trump have been nominated and confirmed justice kavanaugh and now judge kavanaugh will reshape the court for generations? is that valid, is that too far? >> is helping reshape the court in one important day. the way it's being reshaped as we are going to have a larger majority that's going to believe the line is interpreted as it's written. is there something about government power they need to be respected and enforced. stuart: you played a big role in the nomination. do you still have a big role and not to get him confirmed? >> by responsibility right now is help educate the president about to brett someone is. stuart: can i have you back on the show? >> that is up to you.

stuart: leo, pleasure to have you. president trump is in belgium. getting all of the attention, belgium plays francis aftergood as he heads to belgium. we will take you there. we will take you to europe next. ♪

so, i have this recurring dream. i'm 85 years old in a job where i have to wear a giant hot dog suit. what? where's that coming from?

i don't know. i started my 401k early, i diversified... i'm not a big spender. sounds like you're doing a lot. but i still feel like i'm not gonna have enough for retirement. like there's something else i should be doing. with the right conversation, you might find you're doing okay. so, no hot dog suit? not unless you want to. no. schedule a complimentary goal planning session today with td ameritrade®.

trained to belgium is in the spotlight today. president trump length of russell's, belgium in a couple hours to brussels belgium will focus on something else entirely. that would be the world cup. blake berman is in brussels. what are they talking about? the trump visitor the world cup. which is it? >> how about this for timing could they send me to belgium in the world cup game live in brussels. what they are talking about, i don't see much of a president trump is that footprint at all. when you travel with the president all across the world one thing we've learned over the last 18 months or so is the story, number one frontpage come everyone talking about it on television. no 5:00 local time, safe to say the eyes of the camera lens will not be focused on him because at 8:00, that is in belgium placed france in the semifinals of the world cup.

belgium has abandoned this position since 1986. some 32 years from now, 32 years ago the game is about three and a half hours ago. the street starting to fill up a little bit, see more and more of the jersey, more and more of the fans who are lively, shall we say. they are getting ready for this thing tomorrow i can pretty much guarantee no matter what happened that is going be the front-page story here in brussels and all across the country. stuart: which may take some of the pressure off president trump. like berman, thank you for joining us. we will get you a little later. the left clearly take over president trump's supreme court. democrat senators are about to rally against judge kavanaugh. match lap, american conservative union chaired was judge kavanaugh. he is next.

stuart: something went wrong. ladies and gentlemen, if you're just joining us, if you're new to the show every morning at 10:30 a.m. eastern time replay a brief clip from the beatles to matter what the weather is outside. something went wrong moments ago. we get to tomorrow. check the big board, please. some good news out there up 130 points. 24,900. how about a big tent? today, only facebook is down, but he still a $203 a share. amazon, apple, alphabet, microsoft could look at them go

to the upside. southwest airlines will no monger serve peanuts on its flights. the risk to people with severe allergies is far too great. they will still hand out free pretzels and cookies, but no peanuts. that does not affect the stock price. the price of gold $1254 per ounce down and even five bucks. happening right now, senate democrats outside the supreme court are rallying, protesting president trump supreme court pick. they call brett kavanaugh and extremist who will cost when in their lives. senator kabbalah harris is one of them. she said she would've nothing to do with confirming judge kavanaugh. our next guest wrote this headline. with brett kavanaugh, america will have a bold, brilliant supreme court justice. matt schaub, american conservative union. you pushed for judge kavanaugh.

>> i know that he loves the constitution and that's all i want is a supreme court justice. stuart: do you want to see roe v. wade or gay marriage overturned? is that where you're coming from? >> where i'm coming from is i want rick kavanaugh is a justice to look at what's in the constitution. there is nobody who will tell you that roe v. wade was correctly decided. but the real question is this. it's not whether you make abortion legal or illegal. the question is how you regulate abortion. most conservatives and constitutionalists believe it goes to the states to make those determinations, which is happening anyway its viability is pushed back earlier and earlier. roe v. wade itself allows for regulations. stuart: i said at the top of

this hour that justice course gorsuch would rebalance our constitutional society, rebalance it more in favor of legislators legislating and judges judging. i think the president trump specs will have quite an effect on our society as a whole for generations to come. am i going too far? >> you're not good the term i use this constitutional restoration. the people who wrote the constitution intentionally chose words that have specific meanings. we have to go back to what those meanings are. society we've lost the idea the definition of words. look what john roberts did with obamacare. he acted like a county commissioner fixing it here, amending that, amending the pair, finding a way to make it illegal. what you're saying it would be saying is that the role of a judge. >> the left does apple put it

about this. senators are holding a rally right now. they want to oppose it at all cost. they want to confirm by october 1st. it's not a legitimate reasonable timeframe? >> yes, justice kagan was confirmed in less than 70 days, nominated and confirmed in less than 70 days. no reason why brett kavanaugh can be confirmed. by the way, for all the left-wingers who are protesting the supreme court, if brett kavanaugh to such an extreme case in such nick straightened nominee, why did just as why did justice elaina kagan hire him to teach classes at harvard law school? the more people know about brett kavanaugh, the more the left wingers will look foolish and attacking him before they even know him. trade to match lap is a happy man this morning. we appreciate your appearance on our program. that two-year money in the markets.

it's a southern rally very close to the height of the day up 140 at points right now. 24,900. david eads is with us point the wealth management. i say this is a summer rally. what are you? >> what i'd like to see broadening out of the market is participation and dow stocks, energy stocks, financial stocks. stuart: will it keep going? looking that's a pretty strong profits. 4% growth to the economy. >> there so many reasons why it will keep going. number one of course his earnings. 20% year-over-year earnings growth. and then you've got this low interest rate environment. but the 2.9% treasury, who will take their money out of the market and put there for the long-term future. stranger you been on this program a couple years. you consistently said the market is going on. so tell me, i think you brought three stocks with you that you

are buying. give me the first. >> white house financial, very little load. the newly division. but life getting a world-class stock. it is one of the cheapest financials in the stock market day should earn $5 this year, $6 next year because they are part of my life. >> i know him. what do they do? >> they provide all the distribution of health care supplies. one thing we know about health care, more usage will happen. this talk is about 175 in january. the murmurs of amazon sniffing around. the stock is from 179.

but we saw that with kroger. kroger is back up to 20. the bark is worse than its actual bite. stuart: here is the intriguing stock. >> people say volkswagen, the diesel challenge company and they asked them, like audi? do you like lamborghini? you like porsche? what does that have to do with volkswagen? they are all made by volkswagen all over the world trade at the same time it's the cheapest car company in the world. there's your profits. >> they have to recover from diesel emission scandals and number two at data, i'm some kind of tariffs we might impose coming over here. you think that'll do it? >> so when the terror cells and ultimately will be settled. stuart: you are all right. thank you appreciated. >> looking to expand its

operations in china feared suzanne, tell me when to do it. >> they are signed a memorandum of understanding to build this battery and electric car factory in shanghai. they say will not affect the u.s. manufacturing base. but it will take two years before any cars rolled off the production line. the second-largest market in the world has 17,000 vehicles there. the most important part of the memorandum, they wholly on it instead of having to partner up with the chinese carmaker. that means they keep all the revenue. stuart: technology transfer. >> that is not part of the process commenced in the end it's a very good deal for tesla. transferring that the chinese tesla -- [inaudible] train to the market loves it. the stock is up again.

the dow is now up 152. that is the high of the day. here is the headline of 249. headlines you've heard before. president trump wants to establish a border force to combat illegal immigration and drug smuggling except this time for the newly elected president of mexico. i said it was president trump. it's not. we are on the story. san francisco's homeless problem so bad conventions are fine out of the city. tourism coming down. third alder. third altar, voice of reason from california joins us next hour. and now by popular demand, the lost beatles track. ♪ hi, i'm joan lunden with a place for mom,

the nation's largest senior-living referral service. for the past five years, i've spoken with hundreds of families and visited senior-care communities around the country. and i've got to tell you, today's senior-living communities are better than ever. these days, there are amazing amenities, like movie theaters, exercise rooms and swimming pools, public cafes, bars, and bistros, even pet-care services. and nobody understands your options like the advisers at a place for mom. these are local, expert advisers that will partner with you to find the perfect place and determine the right level of care,

whether that's just a helping hand or full-time memory care. best of all, it's a free service. there is never any cost to you. senior living has never been better, and there's never been an easier way to get great advice. call today. a place for mom -- you know your family, we know senior living. together we'll make the right choice. >> judge brett kavanaugh hopes to be the next supreme court next supreme court justice putin last hour, louisiana senator john kennedy told us what he wants the judge to be. roll the tape. >> i walk across. i want a person of wisdom, but courage that has the courage of his convictions. i need to know what is in the man's head, but i want to know what's in his heart. i am impressed that he went to

yale. that is an impressive thing. i'm impressed he went to georgetown prep. but i want to know if he ever had a crummy first job. i want to know if you ever had to worry about for his tuition was coming from or if you ever spent a hot august on top of the roof laying down fire would. all of that will come out during confirmation. and this is frank's record shop. frank knowns northern soul, but how to set up a limited liability company... what's that mean? not so much. so he turned to his friends at legalzoom. yup! they hooked me up. we helped with his llc, contracts, and some other stuff that's part of running a business. so frank can focus on the beat. you hear that? this is frank's record shop. and this is where life meets legal.

stuart: the drugmaker reporting positive results of the trial for a new breast cancer treatment. the market kind of like that, up about 1%. a new ticker debuting today. ktp stands for cherry dr. pepper, the merger of kubrick green mountain and dr. pepper snapple group of 5 cents at $20 a share. the left continues to call for the abolition of cents six. protesters all over with politicians who support those goals. here is what president trump said about that today. >> as far as i.c.e. is concerned, the people finding subs takes is a disgrace. these people go into harms way. there's nobody under greater danger. i miss 13 and everything else.

we ought to support i.c.e., not do what the democrats are doing. stuart: meanwhile, cynthia nixon as a candidate for governor of new york. she calls i.c.e. a terrorist organization. joining us now, andy biggs, republican from arizona, a border state of course. we'll come back to the show. good to see you. that is inflammatory when someone running for the governorship of new york calls i.c.e. a terrorist organization. that's beyond the pale. >> absolutely. inexcusable. they are doing a tough job. they are going after people who are here illegally who have criminal convictions or warrants. these are dangerous people. i.c.e. endanger themselves when they go to these occasions that it shows the ignorance and the one-sided myopic side of the left. it's unfortunate. it is terrible. stuart: i think the democrats,

the left in general when the political battle. they came out about looking good if you move forward, i don't think they've still got open borders and i don't know what they're going to do with the next tens of thousands of people approaching the border. if it is still their policy. >> i was just out last week with guys and ladies, also the leaders down there. i will tell you, we are unprepared. we have border patrol sectors that are down 50% of what their compliment should be. we've got people going out one agent many people as dangerous. this agitation from the left is going to make it even worse. we've got to secure our borders. stuart: mexico's president-elect is proposing a border force to

stop illegal immigration and drug trafficking coming into mexico from central america. what do you make of that? >> i'm happy to hear it. the use to really that they went there appeared under a few different presidents were they slow that down. i'm glad to hear he wants to do that. he is also talking about it and it barriers and fences. sovereignty has got to prevail in the way you do that to secure your border with border patrol. stuart: i wanted thank you for joining us this morning. my apologies i kept it rather short because we've got some breaking news. thanks for being with us. we'll see you again real soon. stuart: president trump has issued another pardon. who was there for? a >> full pardons to her father and son and ranchers from oregon of a wildlife refuge. we are talking about dwight hammond junior, 76ers old. his son 40 niner sold are both

the ends of arson in 2012. five years in jail on federal land where they had grazing rights for their cattle and also inspired other pro-choice as well across the country and some turned deadly. stuart: full pardon. just announced. boston, the city of boston massachusetts considering letting illegal votes in local elections. beth lindstrom, republican candidate taking on most of its 1% of massachusetts will give us her take on not in just a moment. ♪ ed this truck down to me, that's the same thing i want to do with you. it's an emotional thing to watch your child grow up and especially get behind the wheel. i want to keep you know, stacking up the memories and the miles and the years. he's gonna get mine -but i'm gonna get a new one. -oh yeah when it's time for your old chevy truck to become their new chevy truck,

there's truck month. get 18% of msrp cash back on all silverado 1500 crew cab lt pickups when you finance with gm financial. that's $9,000 on this silverado. plus, during truck month make no monthly payments for 90 days.

stuart: this is a surprise. resident tribe to reading about lisa page and peter stzrok. i hear the lovers are getting cold feet on testifying about the raid which kind headed by 13 angry democrats and people to work for obama for eight years. total disgrace. as an air force one headed to a nato meeting.

stuart: he's got lots of time on his hands. they argued to testify. stuart: lisa page tomorrow behind closed doors. out in public i believe. the president said they're getting cold feet. i am going to switch gears. the city of boston is thinking about letting immigrants with legal status vote in local elections. maybe make an exception. massachusetts senate candidate again. good to see you. >> good to see you. thanks for having me. this is legal immigrant from a green card people. they want to let them vote in local elections in boston. would you say to that? i think voting is a privilege of citizenship and we don't let foreign nationals but in our country just like i would next her to go vote in another

country unless i had dual citizenship. this whole issue of illegal immigration issue and you're talking about you're talking to elizabeth warren wanting to abolish i.c.e. issue goes around advocating for sanctuary cities. we have to stop telling people that they should come here illegally rather than legally. stuart: i would like to know what is the democratic position on immigration? what is their policy because fairly soon we will have a lot of people arriving on our southern border who demand entry and i want to know what the democrats are going to do. what would you do? >> elizabeth warren is having people false hopes. that is just wrong. she is part of the problem and that's why she doesn't represent the majority people in massachusetts and i want to go to washington and do that. stuart: you're in a primary race with a republican to go against elizabeth warren in november. the primary takes place when? >> september 4th at the tuesday after labor day.

stuart: listen to the president. a dna test to prove her heritage. >> we will very gently take back kit and slowly tossed it, hoping it doesn't hit her and injure her arm, even though it only weighs probably two ounces. and we will say, i will give you a million dollars to your favorite charity if you take the test and it shows you're an indian. stuart: okay, would you ask senator warren for a dna test? >> let me comment on that video that i said president trump and elizabeth warren don't bring out the best in each other. we certainly don't need a dna test to see where she stands on issues. she is so far to the left, supporting progressives on her presidential 2020 big. look at the whole thing with judge kavanaugh. within hours, she's tweeting out

no. when vice president pence box and around today, which aired he slammed the door in your place? people in massachusetts are more polite than that. unfortunately i don't think she represents represents massachusetts well enough when running for the office. stuart: beth lindstrom, thank you for being with us. democrat of brett kavanaugh's nomination could senate majority leader chuck schumer said it opposed him with everything he's got. rnc spokesperson katie mcinerny will respond in our next hour. vidal is at its high of the day, up almost 160 points now. 24,900. this is a summer rally. ♪ ♪ hawaii is in the middle of the pacific ocean. we're the most isolated population on the planet.

♪ hawaii is the first state in the u.s. to have 100% renewable energy goal. we're a very small electric utility. but, if we don't make this move we're going to have changes in our environment, and have a negative impact to hawaii's economy. ♪ . . . .

stuart: probably the most

financial, most remarkable financial story in a generation. it is just unfolding. but it is being ignored. certainly being overlooked. talking about the return to prosperity, the return to strong economic growth. 4% growth or perhaps even more. we haven't seen that in years. prosperity is more than just statistics. it is a feeling. it is an atmosphere. the money is flowing. opportunity opening up. record number of people leaving their jobs, going for something better. there is optimism in the air. if you're in 20s or early 30s, this is something you've not seen before. all you have known is slow growth and social division. suddenly trump is in the white house talking up america, the economy is booming, incomes are rising. look at this, 42% feel better off now than in the obama years. only 26% say they're worse off. that is extraordinary reversal. remember ronald reagan? are you better off now than you

were four years ago? mr. trump could say that right now. so now, the president's on his trip to europe. he will be holding contentious meeting and insult and insult. the media will lap it up. they hate him like they hate judge kavanaugh. you will hear very little about the extraordinary success of the trump economic program. what a shame. what ha media disgrace. prosperity is the glue that will bind america together again. so far that is president trump's outstanding success. the third hour of "varney & company" is about to begin. ♪ stuart: well you heard it. my take there. let's get reaction none other than charles payne, who is waiting eagerly to take over this chair. he actually acts as wildly

successful spin off. [laughter]. "making money with charles payne". >> it is true. it's a spin-off. stuart: sort of. >> sort of. i appreciate it. yeah, okay. absolutely. stuart: so i say it is summer rally, we returned to prosperity. what say you? >> i think more than summer rally. continuation and reepiphany if you will. i think by the markets, trade tariff stuff, when you crutch numbers really ridiculous. stuart: what ways? >> think about 34 billion, say both sides, 68 billion in combined economies of america and china, $30 trillion. you know, then china's retaliatory tariffs aimed at red starts. they export 500 billion to china. at most, it will be .8 of a percent at most. then you start to juxtapose that against what we saw friday with those jobs reports, with that jobs report number, against what we've seen with manufacturing, services. it is interesting, you just

mentioned that poll, 42% feel better than two years ago. i'm saying tonight on my show i think the new swing vote will be hispanics. in that same pole 62% of hispanics say they are better off right now than two years ago. 62%. remember last week, when the harvard "harris poll" came out and trump's approval of hispanics went up 10 percentage points, people are trying to figure out where did that come from? on friday we got a glimpse why it happened. last month in the jobs market, hispanic labor force participation went up 164,000. hispanic, 250,000 more hispanics went up and unemployment rate 4.6%, all-time low for all the right reasons. this is the, the same tide is lifting all ships. stuart: talk about burying the news. i mean that is burying it completely. >> it's phenomenal, really face nominal. stuart: 62% of hispanic people at this moment feel better off

than they did just two years ago. >> emerson poll it is remarkable. ashley: does that translate into votes for the gop? stuart: it translates into feeling of prosperity. >> right. stuart: if 62% of hispanic people feel better off now than two years ago, they're feeling it. they have got it. >> underscores the fact that it is not an economy geared only for the rich. really knocks on a whole lot of talking points from the mainstream media and democrats. i think it is remarkable. i do. stuart: check the big board. we have another new high for the day. we're up 155 points, 24,931. back to you, charles, this to me is a summer rally. 29 out of 30 dow stocks are up. 15 points away from all-time high. summer rally. does it continue? >> i think it continues. frito-lay came out much better than expected. beverages were down but not as

much. europe, africa, up 11%. friday, we have the financials. financials underperformed massively. the stage is set for them to beat. stuart: that is vice president pence on your screens right now. judge kavanaugh walking up steps to capitol hill. the vice president will introduce judge kavanaugh to various senators who will be involved in his confirmmation hearing. that is a photo-op quite clearly taken from behind. judge kavanaugh on the left, vice president pence on the right, climbing steps. there will be series of meetings for those senators asked to confirm or deny confirmation to judge kavanaugh. we heard from sarah huckabee sanders believes nomination will be complete and he will be confirmed by october the 1st. some say that is ambitious schedule, on program this morning, expert leonard leo said, not sensational at all.

could you see this wrapped up before october the 1st. so things are in motion. things are moving along very nicely. i interrupted charles payne in mid-flight. i want to ask you this, one last thing. >> sure. stuart: quarter profits, we're about to hear how much money corporations made, we hear up 20% from where it was a year ago. >> right. stuart: what say you? >> i think we'll hit the number. the key will be guidance. this will be the first back-to-back 20% plus quarters we've had in years. can we keep momentum going? wall street is looking for, what i love, so far we have not mad many earnings warnings. in two weeks before earnings season we get warnings. we haven't had that many. that is great. ashley on your question about the polls? ashley: yeah. >> in november 2016 when gallup asked americans what do they expect from president trump, elected, number one was reduce unemployment create jobs, 62%. number two was improve the economy, 60%. he is living up to the top two

things people talked about. stuart: prosperity is wonderful thing. susan, you're too young to remember it. some of us go back away. >> i will enjoy some. stuart: you will, you will. charles, you're all right. >> thanks a lot. stuart: now president trump called out the pharmaceutical company pfizer because they raised prices, drug prices. here's the tweet. pfizer and others should be ashamed they have raised drug prices for no reason. they're merely taking advantage of the poor, others unable to defend themselves, while at the same time given bargain basement prices to other countries and europe elsewhere. we will respond,! betsy mccaughey. >> jfk did the same thing when the steel industry talked about raising prices. it is very good politics because

americans are suffering from pharmaceutical sticker shock. stuart: will pfizer respond to the jawboning from the president? do you think they will? >> the most important thing the president said the second half of the statement, which he pointed to the problem, foreign freeloading. americans consume of 46% of patented medication, but provide 70% of profits. they are storing entire r&d cost and europeans negotiate prices barely above marginal costs producing the next pill. trump identified this as major trade problem and he is is going to fix it through trade negotiations as the bush administration did in one example with australia. it will work. stuart: he is going to make foreigners pay more for drugs which are researched and developed in the united states? >> that's right. that is far more sensible approach than pushing down with price controls, after all, there are families all across this country who have loved one which

is currently considered incurrable condition. they don't want to put kibosh on r&d. stuart: if we make them pay more, does it mean we pay less? >> yes. the pharmaceutical companies overall maintain same profitability level, about 17%. as now. and provide some price relief here. stuart: i got a big problem here because all i ever see is drug prices going up and up and up and up and up. i never see them come down, or moderate. >> not to defend pfizer but i did take a look at their drug pricing. they raised pricing on 100 of their 400 products. they have also lowered some prices. the prices haven't gone up that much this year. i think this tongue-lashing will be good for preventative medicine. stuart: you think so? >> i do. it worked with jfk. stuart: it is certainly strong stuff. >> it is strong stuff. i'm certain the public ate it up. he is going to foreign traders

for solution. stuart: you really like the president? >> i do. prosperity, prosperity, prosperity. stuart: that's my line. [laughter]. betsy, thanks for joining us. appreciate it, ma'am. thank you. now this, florida first-responders going beyond the call of duty after a man had a heart attack working on his lawn. after rushing the man to the hospital the firefighters and paramedics returned to finish his yard work, laying down sod as he recovered. that's florida. all right. group in california, launching an effort to reverse state law that allows illegal immigrants to get driver's licenses. the group says the law makes it easy for them to vote illegally. protests breaking out after brett kavanaugh's nomination in the supreme court. democrat leadership calling for total opposition. rnc spokesperson kayleigh mcenany tells us why she thinks it is a losing strategy for the democrats. she is next.

♪ ♪ a hotel can make or break a trip. and at expedia, we don't think you should be rushed into booking one. that's why we created expedia's add-on advantage. now after booking your flight, you unlock discounts on select hotels right until the day you leave. ♪ add-on advantage. discounted hotel rates when you add on to your trip. only when you book with expedia.

stuart: this was just moments ago. vice president pence about to walk up the steps on capitol hill. he is with supreme court nominee brett kavanaugh. they will be meeting with senate leaders this hour. lots of meetings as of now. there will be lots more before the confirmmation process begins but the left, man, are they getting ready for a fight. listen to what senator schumer had to say. roll tape. >> i will oppose this nominee with everything i've got. we will get a majority in the senate to vote against him. i know it is uphill fight. they said we couldn't do it with health care and we did. stuart: look at this headline. it is from our next guest. i will read it for you. kavanaugh's nomination leaves red state democrats with dilemma

of a lifetime. betray the party or the voters. who wrote that? kayleigh mcenany, rrrnc specs person. >> good morning. stuart: are you referring to the democrats in red states that trump won handily in 2016? >> that is what i'm referring to. there are 10 of them. several in states i won handily. joe manchin, trump won the state by 41 points. how will he a month before the election, tell the voters i'm with the trump adenda, i did not vote for his nominee. it doesn't make sense but democrats often do not make sense. stuart: you got it, senator durbin in the other day insisting all senate democrats vote against the nominee. like asking the senator joe manchins of this world to commit political suicide. >> he said they need to put politics aside and realize there is bigger things. but these democrats, joe

manchin, joe donnelly, heidi heitkamp, they're self-interested democrats care more about their seat than their party. they will tell the voters they're with trump. fall on hollow ears. stuart: you're targeting three democrats. >> yes. stuart: you're going right after them. >> we're going right after them, especially when liberal yale law professor, akilamarr penned an on end for judge kavanaugh. liberal voting law professor. joe manchin, joe donnellly, heidi heitkamp not voting for him? stuart: you referred to the op-ed in "new york times," not in the print edition. online edition. she is liberal. >> he is a liberal. i voted for hillary clinton but i tell you there is no one more credentialed than judge kavanaugh. we'll put that against these images of leftists rebelling, engaging violent protests we

saw. exposes their real hypocrisy and weak argument. stuart: you will play on that as well? play on the extreme statements from some of opponents, roughness of protests and language used. you will use that to your advantage or try to. >> no doubt. they are listening to maxine waters. doing exactly what she said. we will expose that. the average voter of this country wants civility. they don't want violent protests. don't want harrassment of trump officials in public. they want civil discourse and bipartisanship. >> how long have you been in the job as rnc spokesperson? >> coming up on a year on august 7th. stuart: it has been a tough year, hasn't it. >> it has been a great year. stuart: now i suspect you will begin to have fun. >> i am having a lot of fun. we have a great chairwoman. stuart: yeah, yeah. but the president's growth agenda is clearly working. you've been hammering that a long time. the nomination of gorsuch that went through. kavanaugh, is looking very, very

promising. going over to europe and sticking it to them, and america loves it. >> mesh loves it. the poll you showed all you need to know. morning in america again to quote reagan again. stuart: you're just having so much fun. it is not even funny. is your mom watching? >> she is watching. stuart: great shoutout to mom. your daughter is doing all right. kayleigh, thanks for joining us. >> thank you. stuart: a big critic of amazon is joining the federal trade commission. ash, does this sound like they're going to start maybe mount an antitrust thing? ashley: i think ftc will start looking at these giant tech firms under the antitrust scrutiny, i think what we're equaling it. this woman's name is lena khan, rising to prominence among antitrust crowd. she wrote a big paper for yale law school while attending there, calling it amazon's paradox, the current framework in place to address antitrust

concerns is not good enough, not capable of handling what amazon is doing to the business and competition it faces. stuart: kayleigh mcenany thought the interview was over. >> i did. stuart: it is not. what do you think about amazon, run by jeff bezos, a virulent critic of president trump, would you like to go after him on antitrust ground. >> he owns the liberal "washington post" perennial critical of president trump this agenda, unfair, bias. jeff buys soes not a big fan. stuart: that was good stuff. kayleigh, now you're gone. thank you very much. >> this is a story that everybody on the entire planet is happy about. all 12 of those boys and the coach rescued from the cave in thailand. we'll have details on how the crews reached the last remaining boys. we have the story for you. uber bracing or branching out from cars, investing in a startup that makes scooters? we have details on that for you.

now a look at the beautiful new york city skyline on this fine july 10th, with the sunshining. we'll be back. i'm to your bumper, cause.... i don't think enough people heard about your big day. but nothing says "we got married" like a 12 ounce piece of scrap metal. yo! we got married! honk if you like joint assets. now you're so busy soaking up all this attention, you don't see the car in front of you. and if i can crash your "perfect day", imagine what i can do to the rest of 'em. so get allstate, and be better protected from mayhem. like me. and i recently had hi, ia heart attack. it changed my life. but i'm a survivor. after my heart attack, my doctor prescribed brilinta. it's for people who have been hospitalized for a heart attack.

brilinta is taken with a low-dose aspirin. no more than 100 milligrams as it affects how well brilinta works. brilinta helps keep platelets from sticking together and forming a clot. in a clinical study, brilinta worked better than plavix. brilinta reduced the chance of having another heart attack... ...or dying from one. don't stop taking brilinta without talking to your doctor, since stopping it too soon increases your risk of clots in your stent, heart attack, stroke, and even death. brilinta may cause bruising or bleeding more easily, or serious, sometimes fatal bleeding. don't take brilinta if you have bleeding, like stomach ulcers, a history of bleeding in the brain, or severe liver problems. slow heart rhythm has been reported. tell your doctor about bleeding new or unexpected shortness of breath any planned surgery, and all medicines you take. if you recently had a heart attack, ask your doctor if brilinta is right for you. my heart is worth brilinta. if you can't afford your medication, astrazeneca may be able to help. that's it. i'm calling kohler about their walk-in bath. nah. not gonna happen. my name is ken. how may i help you? hi, i'm calling about kohler's walk-in bath.

excellent! happy to help. huh? hold one moment please... [ finger snaps ] hmm. the kohler walk-in bath features an extra-wide opening and a low step-in at three inches, which is 25 to 60% lower than some leading competitors. the bath fills and drains quickly, while the heated seat soothes your back, neck and shoulders. kohler is an expert in bathing, so you can count on a deep soaking experience. are you seeing this? the kohler walk-in bath comes with fully adjustable hydrotherapy jets and our exclusive bubblemassage. everything is installed in as little as a day by a kohler-certified installer. and it's made by kohler- america's leading plumbing brand. we need this bath. yes. yes you do. a kohler walk-in bath provides independence with peace of mind. call for a free kohler nightlight toilet seat with consultation, or visit kohlerwalkinbath.com for more info. retail. under pressure like never before. and it's connected technology that's moving companies forward fast. e-commerce. real time inventory.

virtual changing rooms. that's why retailers rely on comcast business to deliver consistent network speed across multiple locations. every corporate office, warehouse and store near or far covered. leaving every competitor, threat and challenge outmaneuvered. comcast business outmaneuver.

stuart: uber branching out, not just cars, it is scooters. what are they up to? ashley: this company lime, lime has scooters across 70 cities in the u.s. and europe. use them, pay for them, leave them on the street, someone picks them up. becoming very popular. what is interesting about this. we don't know actual amount of money. lime is on fund-raising round. uber-will have it as part of its app. the logo will be on lime scooters. what is interesting, people say, wouldn't that self-cannibalize because people getting, cheaper, alternative means of transport that is cheaper but uber says no. we want to invest in the area. we believe there is a lot of advantage that will offset whatever they lose on the rides. stuart: wherever you want to go, however you want to go, uber wants to do it. >> some cities ban use of scooters. that is adoption. stuart: that is understandable, too. ashley: when you start driving them on the sidewalk. >> there is competition.

byrd is worth 2 billion in valuation. they raised $300 million. byrd is a santa monica-based scooter company. ashley: very knowledgeable. >> i lived in california. stuart: is your mom watching? >> she might be. hi, mom. stuart: got a story for you. walmart is trying to take on amazon, here in new york city. okay. >> don't get too excited. it is not a store. not a walmart store in manhattan. e-commerce fulfillment center based in the bronx. it will be operated by jet.com which is the online retailer walmart paid $3.3 billion to buy. this will open up in the fall. jet.com wants to open the center, expand, faster, same day, maybe next day grocery delivery in new york city. we know walmart has been trying to do that. they have been planning to offer same day in 100 cities. you should try it at some point. i know you like to shop for you

fruits and vegetables in person. ashley: i do. stu can't operate his thermostat at home. i'm not sure he can order food. stuart: ordering food is beyond me. i get it. i walk to get it. all right. lots of news out of california for you. a new effort underway to keep illegal i immigrants getting a driver's license. gavin newsom, top contender for governorcalifornia, backing away from single-payer health care system. larry elder, voice of reason from the formerly golden state will weigh in. lisa page, peter strzok expected to testify on capitol hill this week but president trump says, maybe they're getting cold feet. that is what he tweeted from air force one. the judge on that. now take a look at sacramento, california, the capital of the formerly golden state. ♪

metastatic breast cancer is relentless, but i'm relentless too. mbc doesn't take a day off, and neither will i. and i treat my mbc with new everyday verzenio- the only one of its kind that can be taken every day. in fact, verzenio is a cdk4 & 6 inhibitor for postmenopausal women with hr+, her2- mbc, approved, with hormonal therapy, as an everyday treatment for a relentless disease. verzenio + an ai is proven to help women have significantly more time without disease progression, and more than half of women saw their tumors shrink vs an ai. diarrhea is common, may be severe, and may cause dehydration or infection. before taking verzenio, tell your doctor if you have fever, chills, or other signs of infection. verzenio may cause low white blood cell counts, which may cause serious infection

that can lead to death. serious liver problems can occur. symptoms may include tiredness, loss of appetite, stomach pain, and bleeding or bruising more easily than normal. blood clots that can lead to death have also occurred. talk to your doctor right away if you notice pain or swelling in your arms or legs, shortness of breath, chest pain or rapid breathing or heart rate. tell your doctor if you are pregnant, breastfeeding, or plan to become pregnant. common side effects include nausea, infections, low red and white blood cells and platelets, decreased appetite, headache, abdominal pain, tiredness, vomiting, and hair thinning or loss. i'm relentless. and my doctor and i choose to treat my mbc with verzenio. be relentless. ask your doctor about everyday verzenio.

stuart: all right, now, we're up 120 points for the dow. 26 of the dow 30 are in the green. that means they're up. this is summer rally. president trump tweeting about the embattled fbi agents strzok and page.

here's the tweet. i'm on air force one flying to nato. i hear reports that the fbi lovers, peter strzok, lisa page, are getting cold feet about testifying about the rigged witch-hunt headed by 13 angry democrats and people that worked for obama for eight years. total disgrace! judge napolitano is here. >> laughing because that is a mouthful from the president. so to try and distract, we obviously know what he is talking about. 13 angry democrats, talking about the initial choice of prosecutors by bob mueller, in president's view, 13 were democrats. there is another 13. we don't know what the political affiliation is. stuart: we didn't know about the strzok and page getting cold feet. >> we didn't. strzok's initial testimony which was in secret was voluntary. strzok asked for a public interrogation because he wants to be able to get his own explanation out there, but he

has asked for some limits on it. in the negotiation for the limits, like, duration of time, and limitation of subject matter there has been some disagreements. page, tomorrow, is having her interrogation in secret. we don't know if there will be a public one. so the president may be mixing apples and oranges here. to be diplomatic. stuart: flying to a nato meeting, flying to a meeting with putin, talking about back home. >> tell you something i know he is doing on air force one? watching varney. stuart: you know that? >> i don't know it personally but i know of his affinity for this show. stuart: okay, okay. unless you can say definitely don't say it, because he might be watching anyway and turn off. got this one for you, president trump, he pardoned two oregon ranch customers, that pock pages of a wildlife refuge. tell me the story and your reaction to the pardon. >> my reaction is 110% bravo for

doing this. this is classic property rights case where cattle wandered on to public lands on their own, and the bureau of land management was so heavy-handed in the manner in which it treated the owners of the cattle, they and their colleagues came to prevent the bureau of land management from seizing the cattle. now it ended up in a violent standoff and these people were convicted. perhaps there shouldn't have been the violence but a major victory for property rights. my hat is off. i can't say enough good things about this decision. stuart: cattle wandered on to federal land. >> what a horrible crime, cattle wandered on to federal land. they tried to seize the cattle! stuart: underneath this all, was it the feds having a go at private enterprise? >> that's exactly. the president of the united states recognized this. this is bit of nose thumbing to the obama administration which spent a fortune trying to

prosecute these people. the bundys, remember that case, they were acquitted. the government lost that. these two in oregon the government won. stuart: did they ever go to prison? >> yes they did. i think they're out of prison. >> five-year sentence. >> five years. >> the pardon, you know, saves them for the future. can't pay them back for the five years they spent in jail. stuart: what were they convicted of? ashley: arson started a fire spread on to federal lands. >> yeah. it got rough. it got rough. it was instigated by a federal disrespect for private property. the cattle. stuart: got it. the cattle. >> the cattle. stuart: not even italian. bravissmo. >> senor precedente. stuart: he is on air force one. >> he as other things on his

mind. stuart: thanks, judge. california, yes, there is an initiative would reverse a law that allows illegals to get a driver's license, could be on the ballot in 2020. larry elder is with us. we call him the voice of reason from the formerly golden state. what gets my back up here, if you give illegal as driver's license, it does actually make it easier for them to vote illegally. where am i going wrong? >> you're not going wrong. now that is not supposed to happen. they are supposed to get a driver's license that will not register them to vote. believe me the possibility of illegal aliens voting is increased substantially. a lot of people don't like it. the man pushing initiative, had a son murdered by illegal alien. he believes that giving illegal aliens driver's licenses is a magnet, attracting more illegal aliens coming to california. we ought to do something we can to discourage illegal aliens,

not encourage them. in california not only i will illegals drive cars, get in-state tuition and want to come from out-of-state here to california. that is outrageous. i don't believe we should ever give illegals aliens drivers licenses i don't know about that he has to gather 350,000 signatures by the fall. unclear whether it will happen. stuart: i have to press this. if they get the signatures required and the initiative does get on the 2020 ballot you're not prepared to say it will pass, prepared to say they will be denied driver's licenses? >> i'm not prepared to say that. this is california, stuart. majority of californians are with illegal aliens driving. the majority of californians are okay with in-state tuition. most californians are okay with sanctuary laws, for crying out loud. i will vote for it.

doesn't mean it will pass. stuart: you're the voice of reason. you're getting all excited here. here is another one for you here. california's lieutenant governor, that is gavin newsom, he is the front-runner in the gubernatorial race. >> right. stuart: he has not said anything about a single-payer plan for health care in california. what do you make of that? >> well, he is earnly did during the primary season. in fact he was pushing it. antonio villaraigosa, the other democrat a lot of people would finish second called it fiscally irresponsible yet gavin newsom won. a lot of people are puzzled why he pulled away. my answer he crunched the numbers, would cost $400 billion for single-payer. 10 grand for every citizen. the money is not there. given john cox won, number two, maybe john cox might show gavin newsom is fiscally irresponsible if he is pushing this plan.

that is why he backed down a little bit from it. stuart: fiscal irresponsibility has never lost an election in california to my knowledge, has it? >> well, we may this time. we are about a trillion dollars unfunded pension liabilities. there are 10,000 former government employees here in california, stuart, that are making over $100,000 a year or more in pensions, some as high as $400,000. it is outrain just. we run out of money -- outrageous. gavin knew some recognizes that he may have vulnerability against john cox if he pushes single-payer. stuart: larry elder, you're all right. see you soon. >> see you next week. stuart: i want to get to the remarkable rescue mission in thailand. the ash the latest is they're all out? ashley: they're all out. the medic and three divers are also now out safely. that's it. three days worth of a remarkable rescue mission. head of all this in northern thailand said we did something

nobody thought possible. that is absolutely true. don't forget they were missing for nine days. they were found on the 10th day. that is the beginning of this crazy adventure. they had to teach them how to swim, how to dive. a five to six hour journey where they were trapped by floodwaters to the actual exit of the cave. just a side note. fifa invited them to go to the world cup final, they're a soccer team, the wild boars. they are not going to be well enough or strong enough to fly. but manchester united said we love the story. we love the fact that they're big soccer fans. we'll invite them to come to manchester to watch a home game whenever they want. stuart: just a little question here. ashley: yeah. stuart: they were underground, the last ones out, the coach, for example,. ashley: yes. stuart: they were underground in the cave 18 days? ashley: two weeks. pitch black, first nine and 10. once they were able to get in,

they would provide life. oxygen levels weren't great. they are definitely okay but definitely need medical inattention to make sure they didn't pick up any infections. a volunteer, veteran diver died at beginning of this, trying to establish the route out of the cave. obviously was extremely heroic. unfortunately lost his life. stuart: what a extraordinary story. very extraordinary. a new report says 51% of immigrants in this country are on some type of welfare. a man leading the a group calling for fair immigration reform, not happy about that. he is coming up in a moment. meanwhile that is chicago. i can't tell whether it is windy there or not. i see a flag flying. i presume it is. that is chicago as of right now. ♪ ean to you?

well, it means i can trade after the market closes. it's true. so all... evening long. ooh, so close. yes, but also all... night through its entirety. come on, all... the time from sunset to sunrise. right. but you can trade... from, from... from darkness to light. ♪ you're not gonna say it are you?

♪ >> i'm nicole petallides with your fox business brief. google's youtube will have a new news format in order to filter out fake news and misinformation. this is according to the company's post. you have seen now that alphabet google is up one quarter of 1% but they wanted to be a better news experience. in fact they're partnering with encyclopedia britannica. like this one you see right

here, breaking news shelf, would highlight videos from news organizations, eventually youtube homepage right there. it is all to filter out conspiracy theories and fake news. this will roll out soon. they will use authoritative sources in order to move forward with their algorithms and their searches. they're spending hundreds of millions of dollars in order to filter out fake news. of course google is, year-to-date is up about 11%. ♪ (vo) progress is in the pursuit. audi will cover your first month's lease payment on select models during summer of audi sales event.

stuart: report from the center of immigration studies, 51% of immigrants get one kind of welfare benefit. we have dan stein, president of americans for immigration reform. dan, what kind of welfare are we talking about? >> these are immigrant-headed households we're talking about. the data is based on census income and population participation survey. we're talking about medicaid, food stamps, school lunch programs, variety of anti-poverty programs. even immigrant headed households who have been here more than 20 years. they show 48% of those households using one of those forms of welfare. obviously public education is a big cost here. stuart: wait a second is, dan. now these folks, you're talking about, they're legal immigrants? these are not illegals across the border, stood in line, did

paperwork, got green cards and on welfare, half of them? >> legal and illegal. so it is combined. the census bureau doesn't make that distinction. the point is, legal immigrants, coming here, get on welfare, in large part, if you have two years of college or less, income earning ability, trying to raise a family will need public assistance of some kind or another, food stamps in particular. it is really basically income redistribution program going on, at a time with americans out of the labor force. wages are flat and stagnant. you see tremendous impact of importing all low-skilled, low-wage labor, not only displaced americans, reduced wages, but costing taxpayers millions of dollars. stuart: what would you do about it? you come here legally or illegally, no welfare period? >> stuart, you see broad variations where people come from, certain regions of the world. central americans have very high welfare use participation rate, southeast asians much lower.

are you selecting for skills competition or merit system? are you selecting immigrants what they know, not who they know nepotism based bad, move to merit-based system. don't have extended family, brothers, sisters, that deskills the flow, costs taxpayers millions and billions of dollars, displaces american workers. stuart: am i right in saying that president trump favors an immigration plan, an immigration system, that would not allow someone who comes here legally, to walk away with food stamps or earned income tax credit or anything else? is that the system that the president wants, no welfare for immigrants, period? that is what he wants? >> he wants an immigration serves we the american people for a change. talking about revitalizing the old public charge bar for immigrants using welfare. they're out of here. this would be very contentious. that is what the law has been

1916. you have to come here to have the earning ability to make a contribution and earn enough to cover the costs and not drain the social safety net. stuart: do you think the public opinion, the tide is switching a little, more towards your position away from the left? >> there is no question about it. this is slam dunk, this and trade are two issues got trump elected. look at major areas where hillary clinton lost in key states, people like they have been left behind. whether globalization of financial markets, loss of national unity or coherence or the sense of social license of capitalism left the little guy behind in this globalization. americans want and yearn for a patriotic nationalism that thinks about the welfare of americans and importance of an economic system that actually raises up the living standards for american workers. not just foreign-born. stuart: dan, we hear you. come back and see us again soon. dan stein.

check your money, why not. we'll start with, big tech. only facebook is down. that's only down 67 cents. facebook is at $204 per share. amazon, 1747. alphabet, 1171. microsoft pushing above $102 per share. big tech continues its role. look at pepsi. beverage sales in north america fell for the fourth quarter in a row. no big deal because sales and profits actually went up elsewhere. the stock is up 3%. america's energy dominance, whoa, is it on full display in west texas. oil production at record high level, however they have a infrastructure problem. they can't get the oil to the marketplace, to their customers. next, texas' main energy guy, in the studio with me, i want to know what texas is going to do about that. meanwhile, speaking of oil, this is houston. very humid in july in houston. ashley: that's an

understatement. stuart: gets worse in august. we'll be right back. ♪ you shouldn't be rushed into booking a hotel. with expedia's add-on advantage, booking a flight unlocks discounts on select hotels until the day you leave for your trip. add-on advantage. only when you book with expedia.

stuart: texas, the permian basin, know about that?

a gigantic lake of oil under the ground. they're pumping so much out of that oil lake, can't get it to the customers and the market. don't have enough pipeline capacity. don't have the workers. what are they going to do about it. we have ryan. he is texas railroad commissioner. mainly the energy guy in the great state of texas. is that right. >> you're exactly right. what about railroads? can you do something about the crossing near my house all the time. stuart: you're pumping oil out of permanent myian basin, can't get it out, what are you doing about it. >> i'm not doing anything about. they're building new pipelines to get oil and natural gas from permanent myian basin permanentian basin.

>> most of the new capacity will come online. talk about six to eight month window there is not enough capacity. that is a big shock. a lot of producers are concerned or watching things very carefully. stuart: is that the biggest oil lake, virtually anywhere? >> not like i call it lake. for all the folks at home, it is stuck in a lot of porous rock, when they drill, they are opening up rock reservoirs to pull all the oil out. the permian basin when you look at all the plays, one of the largest reservoirs in the world. some people claim a trillion barrels of oil are the in permian basin. stuart: in the past you drill a well down, you pump it up. you drill down and drill sideways, that is what you do now? >> yes, two, 2 1/2 miles you do sideways. the whole way you hear when hydraulic fracturing.

multistage hydraulic fracturing, pushing water and small pellets to open up fissures, sometimes as many as 70, 80 stages you're fracturing. that enables you to push out all the oil. stuart: you're the railroad guy. >> you come to the railroad commission to get a permit and follow our rules. stuart: you guys in texas you want them to drill and build the pipeline? >> i'm a statewide elected official. in most states people like me are appointed by the governor. in the texas we're proud we're elected. at the end of the day, every texan regardless of political persuasion we want the energy industry to do well. it is our number one industry. we know it is our way of commanding markets and driving economies around the world. stuart: environmentalists hate you. >> i speak with you. we hear about things like flaring, natural gas emissions. if you believe that methane and co2 are the primary cause of global warming, you would say, produce as much energy as we can in texas because when people

around the world do it, places like russia, places like south america, places like the middle east, they are not near as environmentally conscious tan we are. we produce less co2, less methane emissions per amount of btus of energy than anywhere in the world. stuart: i'm glad you found time to spend three minutes with me in new york city. >> glad to do it. stuart: ryan sitton. good stuff. there will be more "varney" after this. ♪ and exercise. and maybe even, unproven fish oil supplements. not all omega-3s are clinically proven or the same. discover prescription omega-3 vascepa. the one that's this pure... and fda approved. .. .. is clinically proven to lower very high triglycerides by 33% in adults,

without raising bad cholesterol. that's pure power. proven to work. vascepa is not right for everyone. do not take vascepa if you are allergic to icosapent ethyl or any inactive ingredient in vascepa. tell your doctor if you are allergic to fish, have liver problems... or other medical conditions and about any medications you take, especially those that may affect blood clotting. 2.3% of patients reported joint pain. it's clear. there's only one vascepa. ask your doctor about pure epa prescription vascepa. ♪

stuart: drumroll, please. chris rinaldo is leaving madrid. where is it going? ashley: italy. this is a huge move. we still have three years left and there's a billion dollars -- billion euro will take 10%. 100 million euros to let them

go. he's been in a fight with the tax man. he finally settled for 18 million. he paid the bill. stuart: user tax refugee. suzanne, ashley, many thanks. neo, it is yours. neil: thank you very, very much. 150 points. worries about whether someone will be the next supreme court justice or whether to trade tips with nato involved with the g-7 countries, with china appeared with china. that is weighing on the market and has a funny way of showing it. let's take a look at where we stand right now with the dow just at around 2419. this is a rally that has been led by the same advancing on the notion that there will be no trade at all. wave and get that far until you