i don't need the xs all that much. >> at least you have a smartphone. my father still has a bag phone. our thoughts and blessings to all the people in the carolinas and southeast and battling against floodwaters. we'll keep covering this story. on to varney company. mr. charles payne. >> dagen, thank you very much. i'm charles payne. stuart is back tomorrow apple getting break from the tariffs. headphones and pods won't be affect the by the next round of tariffs. it is official the rescue diver who elon musk called a chide rapist, filing a defamation

lawsuit against musk in a los angeles court. shares of tesla higher before the market opens. kavanaugh and his accuser were called to testify next week. spacex sending a japanese billionaire in the trip around the moon. floodwaters in the carolinas continue to crest and "varney & company" we're all over it. and we start right now. ♪ charles: let's get right to florence. jeff flock is in wilmington, north carolina with the latest. jeff, where are those floodwaters expected to crest? reporter: i have good news and bad news. i start with good. here in lillington, north carolina. the gauge indicates floodwaters here are going down. that is the glad news. bad news that water, fast moving

water you see headed down toward fayetteville those waters still rising not as quickly as they had been feared. that may be the best news they can hope for. here is the worst news. that is still ahead of the cape fear, will ming son no way in or out. one road was open yesterday. got supplies n those guys are really pinned down there. they are in bad shape. elsewhere across the state. rescues pretty much over. most people got out that need to get out. now we have a mess out there. hear the president is coming. that will cheer folks up, i would think. beyond that the state is not in good state at moment besides the bright sunshine. charles. charles: jeff, appreciate it. president trump will visit the flood zone in north carolina tomorrow. we'll get you more details on the trip when we get them from the white house. to the trade situation here. president trump announcing a 10%

tariff on $200 billion of chinese imports. he tweeted back-to-back. china is taking advantage of the united states on trade for many years. they know i am the one to stop it. there will be great and fast economic retaliation against china, if our farmers, ranchers or industrial workers are targeted. economist peter morici. peter, the battle is joined. the question how long does this last? >> quite a while. 10% isn't much. really just a warning shot. china has lots of leverage. its exchange rate, provinal subsidies, so forth to work around a 10% tariff. even the 25% tariff on 50 billion doesn't have a large consequence according to most economists that were polled so this is just the beginning. apple, i'm amused they need to be exempted from a 10% tariff on

earphones. this is showing weakness by trump, influenced by industry pressure. that is why president xi is doing what he is doing, pressuring farmers and businessmen trying to influence our election. he is almost inviting it letting apple off that way. charles: i'm confused as well. i think apple has been the biggest corporate beneficiary of president trump's policies. back of the envelope i count 39billion from repatriation, those taxes. in the last june quarter they saved $1.3 billion because of trump's lower taxes. all in first year possibly 45 billion-dollars apple gets to keep. they should be opening factories and and training workers should the complaint be that america is not up to task. what i hear a lot of people saying, peter, china can

retaliate by manipulating their currency. the shanghai exchange is down 41% from the june high. the shenzhen is down 50% from the june high in 2015. not only fighting back when we're strong. we are fighting against them when they have serious economic issues. >> they do have economic issues, if you want to bring pressure on china, the only wray to bring pressure that will cause the communist party so xi can move to change sentiment, stock prices going down are troublesome. unemployment going up could be deadly. that is what the chinese are afraid of and they will do anything to avoid that in order to bring that kind of pressure, i was at the white house i told them ten% wasn't going to be very useful. they can get around at what would you start at? that is what i was asked.

i said start at 25, then don't get movement in 90 days, go to 50. charles: we go to 25. peter, i get where you're coming from. i believe the white house does to, they don't have the press on their side. they don't have the globalist on their side. everyone is fighting the white house making like trump picked a fight we all acknowledge someone stealing from us with unfair trade practice. >> trump doesn't have mnuchin and has -- has sit on his side. hard to run a trade war by committee. so everything is compromise solution. if trump wants to win the thing send mr. mnuchin back to new york and get himself a treasury secretary who believes so we get financial sanctions. charles: peter, thank you very. always appreciate your thoughtful opinions. want to stay on trade. of course apple. we hear watches and ear buds spare latest round of tariffs.

joining us veteran market watcher, legendary investor jim awad. jim, always a pleasure seeing you. >> always my pleasure. charles: apple makes a lot of products in china. they came under years of criticism with relationship with foxconn. do you think this hurts them. i don't think it will hurt them as much as it hurts smaller business. >> i agree with you completely. apple is dominating what they do, so creative, so powerful, so flexible in terms of their supply chain. this will not be an event. they will continue to grow and it will hurt weaker competitors. this is football game. it's a lot of blocking and tackling. i think ultimately trump and united states comes out the winner and apple. charles: when will the corporations do blocking and tackling on behalf of the administration? i say that because the companies blame the tariffs. a lot haven't gone into effect when they have their own

individual corporate deficiencies i think if we try to win this thing it should be all hands on deck? >> as the pain escalates and tariffs get implemented and go higher, people realize this is here and now, not something in theory. everybody pulls together with their supply chains so we can change the dynamic in the relationship. charles: jim hold on. there i want to ask but the situation in tesla, with the diver. you remember the rescue attempt. >> yeah. charles: those ugly tweets that went out. now he was called a pedophile by elon musk. now he filed a lawsuit. a chain of ugly events that have nothing to do with the corporation itself, certainly seem to impact the tesla stock. where would you be as an investor? >> what would you hope for. he is creative genius needs professional management and professional spokesman to convey his message. best thing he can do to make enough cars at profitable price. charles: would you say this quarter is do-or-die for him?

>> not necessarily do-or-die but five yard line. he can probably keep it together, keep it going a little bit further. but now or never in terms of 12-month period because the competition is getting stronger. charles: jim, thank you very much. do you think the robot revolution will put you out of a job? there is new report that says automation will create 60 million more jobs than it destroys. peter, guyed buyed to you, but we have to bring you back in particularly when you're all heated about this. university of london put out amazing report that 47% of jobs would be lost because of robots and artificial intelligence. >> and 47% of jobs weren't lost. the problem a lot of wind dose at universities today are painted black. anybody that looks outside would realize that is ridiculous number. there are only 150 million jobs in the united states. do you honestly think if you look around your studio one out

of four people will be replaced by a robot anytime soon? that is absurd. there is a lot of things artificial intelligence simply can't do. charles: peter, i have to go to break. we do have technicians in this building worried about robot cameras, things like that. >> sure. charles: some jobs have been lost in this industry and others. we have to go to break real quick. thank you, very much, peter. we're up 90. now looking up 20. wall street downtown, the canyons of wall street they need this market to go down today to send a message to the white house. we have a big guest coming up. kevin hassett chairman of the council of economic advisors on the show talking tariffs, jobs the economy. a huge get. can't wait, that is 11:15. the cavanagh nomination fight. he and his accuser called both to testify. is the kavanaugh nomination in jeopardy? judge napolitano and his take when "varney & company"

continues.

charles: so china officially retaliating saying they will impose tariffs on 60 billion worth of u.s. goods starting on monday this news was out two hours ago. i don't know this is why the market dropped moments ago. after this news was reported the dow went up, from up 50, to 90, almost 100. i think there is anxiety heading into the open. "wall street journal" reporting that facebook sought access to financial firms customers data. susan you have the details. >> facebook is negotiating with the financial firms over the years and in the partnership deals, financial firms like wells fargo, bank of america, amex, american express, they would sifting some of their usinger data through the messenger app. facebook was trying to wrangle and how much of that data they can actually tour. facebook, doesn't use consumer financial data for so-called ad

targeting or placing ads in front of specific audiences but this tough negotiating stance in light of cambridge analytica, 87 million users and their data exposed users have concerns where that date is being used. charles: should we own some of our data even if we give it away voluntarily. eventually we get a piece of the action. we'll see. susan, thanks a lot. hey to, the kavanaugh confirmation hearings the committee vote has been delayed and kavanaugh and his accuse hears been called to testify next week. here is what president trump had to say about it roll tape. >> we want to go through a full process. i have great confidence in the u.s. senate and their procedures and what they're doing and i think that is probably what they will do, go through a process to hear everybody out. i think it is important. i believe they think it is important. charles: all rise, judge andrew napolitano is here. kavanaugh maintains this never

happened. >> right. charles: so they both show up next monday, they both testify, they both sound credible where us did it go from there? >> you know, charles, we were talking about this, you, susan and i during the break, there are no ground rules here. does dr. ford have to prove her case if this were a court of law with what we call a preponderance of the evidence, more evidence to support her allegations then against isn't does judge kavanaugh have to prove his case he is worthy of being on the bench? does effectively have to prove a negative, that some event didn't happen? what happens if it's a tie? we're not talking about a jury talking about guilt or innocence or a civil case, whether the plaintiff has made her case out. we're talking about general impressions. charles: right. >> what will the impression be at 5:00 monday afternoon as to who was telling the truth, dr. ford or judge kavanaugh. that impression is not only on

us, not only on the members of the senate judiciary committee but on the rest of the senators, particularly four. senator flake, who is on the committee. senator corker who is not. senator collins who is not. senator murkowski are not. these four republicans who have expressed doubts about judge kavanaugh from and after these call mitigations. charles: does the senate approach this the way you have a legal case? is there presumption of innocence? >> that is a great question. i don't think so. if you like judge kavanaugh, you want him to be confirmed you will believe him. if you don't like judge kavanaugh, don't like the president or don't want judge kavanaugh confirmed, you're disposed to believe the allegations of this victim, dr. ford and then there is those people in the middle. i tell you what's missing. arlen specter. the former philadelphia district attorney, then a senator from

pennsylvania, who demolished anita hill with a cross-examination so brilliant that law students study it in law school. that cannot happen today because of the me-too movement, she cannot be treated as aggressively as arlen specter and senate judiciary and ford can't be as anita hill was. charles: quickly, how important is it that judge kavanaugh has been vetted by the fbi six different times? that he was vetted by these very same senators already leading up to this. his life has been under a fair amount of scrutiny for almost his entire adult life? >> means a lot to me having been vetted myself for my judicial appointments. i don't think it means anything to the senators because of dr. ford's personal stories, she repressed memories until it kim out in a counsel session with a her husband and counselor. how long will it go? eside will call one verifying

witness. we may hear from four people. we certainly know who the other two are, dr. ford and judge kavanaugh. charles: okay. got to go. >> see you in the 11. charles: look at futures with 11 minutes full the market opening. futures holding up pretty good. keep an eye on nasdaq. that is under extraordinary pressure after being virtually bulletproof for two years. meet the man, elon musk revealed. the first private passenger to take the space trip around the moon. we have got details on him and his big trip next. ♪

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charles: spacex, big falcon rocket will take one lucky passenger for a trip around the moon. who is it, susan. susan: it costs a lot of money. you can imagine the man has a lot of change, a japanese billionaire that own as largest online retailer. set to blast off in 23 years. he is quite wealthy, worth about a billion dollars. they didn't disclose a price tag for the lunar joyride, but he says he bought all the seats on the aircraft, he will invite six to eight artists to participate

in the lunar voyage. the timeline is a bit questionable, given spacex was five years late lifting the falcon heavy. charles: he looks young. looks like he will be ready no matter when it lifts off. susan: he is an adventurer, is that what you're saying. charles: he. there was big night at the netflix. susan: nail biting race between hbo and netflix. they went through 118 emmy categories. came down to one final won. "game of thrones" announced the best drama series on television. so that gave hbo the win that it needed to tie netflix for most emmy this is year. so each network having 23 statuettes over all and three prime time emmy ceremonies. "game of thrones" best drama. best comedy series, i don't know if you watched it on amazon, the

marvelous mrs. mazell. charles: no, i'm a more documentary film guy. people are shocked at all the shows i have never seen. susan: proposal was touching part of the ceremony. i watched highlights. as core cast director proposing stage -- oscars. charles: we'll have a moment later on. market is tugging back and forth. we open positive despite retaliatory tariffs from china. president trump making it official, 10% on 200 billion. interesting reaction if this indeed holds up. all three major indices will be opening to the upside. more "varney & company" coming right up.

♪ charles: well the opening bell less than a minute away and let's set the stage for you because the market has been in a stealth rally. since the march 23 low the dow is up 2600 points. the other indices have done even better. yesterday was the first day that the s&p was down and five since the dow was down. we've been in a real health rally. it was interrupted yesterday but not big. it is enough to have people scratching that are heads and wondering. beyond tariffs not a lot of

catalysts. next week earnings season comes back. between now and then the market is really grappling if you will for direction, a catalyst. [opening bell rings] what will get this market moving decidedly higher or maybe even lower. so there is a lot of anxiety out there. that means you can get a lot of volatility. we have the opening bell running. first print for the dow is up 15 points. led by caterpillar yesterday. that also opened the market higher. disney fractionally lower. again a nice mixed mixture. war is boeing. boeing and caterpillar are always your catalysts, i'm sorry your proxies for the china trade war. boeing is now unchanged. look at the s&p 500. again a real strong string of wins every single session last week. it is fractionally higher this morning. of course there is nasdaq under a fair amount of pressure that people are getting concerned. it closed right above the 50-day moving average. it is important that it holds

here and makes some sort of a stand. joining us eddie gabor, jim awad, susan li. president trump announcing 200 billion in tariffs on chinese imports. eddie, do you have any idea how long this will go and the market impact? >> the market is pricing a resolution in the next six months. i don't think this will be really drawn out. the reason i say that we're in a position of strength right now. these negotiations are happening because our economy is booming right now and we have the luxury to hold stance real fat where we are right now. china is struggling right now. their stork market hit a four-year low. they basically import a lot than we do. they need us more than we need them. charles: ironic, shanghai and shenzhen, shanghai up 1.8% on this news. hong kong is up. the nikkei is at a seven-month high on this news. so maybe you're right. maybe this actually pushes us closer to resolution.

maybe not deeper into the abyss. what do you think, jim? >> i think absolutely there will be a realistic conclusion. we're the chinese can save face and trump can declare victory and united states will be better off. charles: isn't that the issue here? how do both president xi and president trump declare victory? that is an interesting situation. how do they both craft a resolution where they both can go back and say, i won? >> a lot of quiet negotiations and backdoor rooms at lower levels. they come out and frame it beautifully with flowers for each of them to face their populations. and i think that's highly likely what's going to happen. there is a chance to fall apart. you never know. there are black swans everywhere but everybody loses if we don't come to a conclusion and i think in this case trump's got the upper hand. charles: this ultimately could be a pyric victory for president trump if it lingers too long. i think that is why he came out with the tweet, if you keep going after farmers, keep going

after certain industrial and ranchers and it is going to get uglier. china understands the political ramifications. they know who to go after, who to upset. they understand midterms are coming. they want a impact on that, which by the way violates wto rules but that inconsequential. before we get to the next topic, eddie, how important our economy is booming in the mid of all of this? >> it is the reason we're in this position of strength. says a lot for the economy. labor market is strong. businesses are growing up. businesses are investing more into the economy. it's a perfect scenario to have these tough negotiations at this time. susan: what about the win from apple, tim cook, chief negotiator, i would say, airbus and watches away out of the group? that is unbelievable for a company that manufactures and assembles most of their goods

out of china. charles: they were spared at least those items, eddie at least in this first round. i think some of these corporations in the midst of this anti-capitalism push could overplay their hands and the reason i say that, in the second quarter corporations made $2 trillion, $2 trillion. for them to suggest that they have, they must pass on additional costs to the consumer rather than eat some of it, they can't produce jobs in this country it, to me it sets up the bernie sanders and elizabeth warrens perfectly. >> yeah, right now these companies are in a good position and they should eat some of that costs. some of the companies are starting to see labor costs increase. that is a good thing. here in our economy wage growth is very important. something we're seeing for years. it is starting to happen. that has not trickled into the economy. economic numbers should continue to be strong at least the next two quarters. my concern long term, the trade war goes too far.

we see inflation. the fed accelerates rate hikes. that could be something decelerates markets. charles: jim, speaking of the fed, not own lit new fed chief, even the number two guy at the fed now has our back. when i say our back, i'm not just talking wall street, but main street. they will not derail this thing at the first sign of prosperity on main street. >> no but i also think if you do fet wages an inflation going up they will be persist sent and consistent increases rates. charles: what does that mean for the market if not for the right reasons? you remember when janet yellen hiked rates, it seemed like for the wrong reese son. the market took a serious hit. she learned a lesson from that. what does it mean for this rally? >> profits prevail. the profit rally is powerful for the foreseeable future. if you look what could go wrong, a lot of debt put on a lot of sectors of society with easy

money. rates are going up. at some point rates go up to start to hurt to affect people but not yet. you're talking 12, 18, 24 months out. right now i think profits prevail. susan: isn't that a tough position for the fed because tariffs go up and paying more for iphones or in the future because of tariffs? charles: i will say this, in the last quarter, iphone selling price is up 19% year-over-year. is there any american, out there, let me know, tweet me, did you get a 19% raise year-over-year? that is how much the average apple phone sold for last quarter. they're going up. charles: without the tariffs. by the way apple, initial stocks on apple iphones and watches sold out. susan: sold out. charles: anyone here? did you get the watch? >> i've got the watch. charles: checking the blood pressure. you're looking at me. i'm scared to check mine.

that is only thing i need a heart attack. susan: i go for the max. i like the big korean. replaces my ipad. charles: everyone in the house has apple but me. i'm like jim. we're old school. get paper checks. read old school newspaper. >> i wish they wrote out airline tickets on pieces of paper. charles: we've been open for seven minutes. clear the market wants to rally higher. the dow up 80 points. up 98 i see where we break through. that was the preopening high. usually that sets the bar in trading. meanwhile last night after the bell oracle first quarter revenue missed the estimate. the stock was under a little bit of pressure. maybe the conference call went okay. autozone profits beat but sales miss. that is taking a real big hit. inconsistent revenue and earnings from the company. general mills, no margins, there is no pricing power with consumer staple stocks.

we'll reminded of this once again. teva, new drug for migraine sufferers. consequential for the stock. charles: audi has a brand new car to. tesla has first mover advantage but everyone is coming at them. >> they are. tesla has challenge with leadership. challenges with elon musk with some of the things that he has done. that opens up the door for the competition to get a leg up on them. charles: as an investor, seeing the ceo with weed and whiskey, does that turn you off? does it turn you off he would do it in public or overall pattern of behavior? >> over al pattern of behavior is bad for an investment. you want that your leader is on solid ground and knows the direction they're going. that is a bad message for investors and scares them off. susan: not just audi coming out

with all electric suv jaguar is coming out with the i-pace and audi with the e-tron. charles: a company like audi would you consider that as an investment? they are sort of off a lot of investment radar screens right now? >> it is dominant franchise or world class player and not everything i looked at. you having asked the question, i next time i see you i will have the precise answer. charles: death of the car. last month was the first time in history that cars were less than 30% of all autos. you know what that tells me, eddie. people are not afraid to spend extra money. they're spending up for suvs. but these stocks are down. how do you, how do you find a winner in this group? >> you know that space definitely had challenges with auto sales. they had to bring up a lot of incentives. that is why the tariffs on auto industry not as impactful as

many thought with the price hikes. they had to bring down prices of vehicles with incentives to attract. charles: are you looking at any of these stocks? would you look at an audi or look at a ford or look at a general motors? >> i am not. i like better spaces than. >> these are cyclical companies not growth companies. susan: put this in perspective? we've been at 17 million car sales pace. that is a little bit off. charles: that is beautiful thing. the composition has changed. we're talking to the president of audi america at 10:45. we'll ask him how does he compete in this world where no one is buying cars and everyone rushing to electric. eddie, great meeting you. you were fantastic. jim, you're a legend. >> my pleasure. charles: not quick check of the big board. i think we're near the highs of the session. the dow up 86 points this is the high of the morning. ten minutes into the market. retail workers shortage.

it may impact holiday shopping plans, people have to get paid. it is good for the economy and a great news story. there is aldi german grocery store chain is expanding delivery services in 35 cities. we'll tell you why they're doing ♪

charles: checking the big board. you're at session highs in part because of boeing and caterpillar. interesting those proxies for trade having a pretty good session this morning. now to energy. a new report says right now north dakota's producing as much oil as the entire country of venezuela. susan that is a heck of a

statement. a a testment to our independence. susan: state of north dakota is making more oil than venezuela. we're looking 1.27 billion barrels a day in the month of july according to bloomberg. that is approximately the same level as venezuela and it is four times what they were producing at the peak of the previous peak back in the 1980s but if you couple north dakota with texas, north dakota only second to texas at this point, we're producing more energy than the saudi arabia according to eia. isn't that amazing. charles: those are great, great jobs. susan: decline of venezuela which has the most proven reserves in opec because of the political situation, they're just wasting their -- charles: they kicked out western expertise. you know, they cheated us on contracts and they dug themselves in a heck of a hole. susan: it is incredible. charles: it is. thanks a lot, susan. if you hit the mall this holiday season might take a little bit longer to get help.

there are more retail jobs out there than workers to fill them. retail watcher burt flickenger. dare i say this is amazing sign of the economy. one of the best ways to measure the economy, particularly brick-and-mortar. >> charles, as you indicated, as you and susan just referenced on north dakota, you look at chris and emily coburns and coburns cashwise stores in north dakota, they can't get workers. floyd wilson, halcyon energy, they can't get trailers. they can't build man and worker camps fast enough. it's a boom across america. as you referenced, a shortage of workers, even with a number of retailers paying 12, costco paying $20 an hour. they pay benefits. they keep workers but a lot of other workers that don't pay those kind of wages can't get them. charles: a lot is the testament to brick-and-mortar guys getting their act together. this omni channel approach is

working for survivors, isn't it? >> omni channel working. it is like the roman empire of retailing. where, the key ones, particularly off price, are winning but with oil going up, luxury is doing well, but as you said, omni channel, look at the winners, amazon, walmart.com with jet, the big news will be take off technologies as they're partnering with retailers across america with micro fulfillment centers. you could be brick-and-mortars mechanized delivery a million a week in facilities across the country. omni channel, traditional retail. charles: they're helping in the front end and full nilment shortage. this workers shortage will become more acute, right? >> more acute but a leading indicator for the economy. workers make more, they spend more, get more ot or overtime they're spending even more. halloween will be a little light

being on a wednesday this year. so, tough news for party city and spirit stores but great momentum going into the holidays and next year. as you and susan referenced with apple, apple not paying tariffs, you will see more apple products sooner in the stores that will help target, best buy and a number of others. charles: talk about the grocery chain, german giant aldi which invaded america a year or so ago. they're ramp up delivery times into thanksgiving. making a next push into american households. how do you think it will be going? >> to your point, the twin powers of tower in germany, literally annual mart out of europe. it sold all the operations to use money to buy flipkart. all the winco and lidel, worst nightmare for a lot of retailers. aldi, winco, low-priced leaders and shopping, moving to low-priced leaders especially

low-priced leaders with energy responsible and solar. charles: ready to deliver. aldis albert direct. >> secretly owned trader joe's for decades. charles: thank you very much. always a pleasure. >> likewise. charles: let's check on the market. the 98 area. we pulled back. that will be your resistance. keep an eye on that if we break through early in the session. president trump declassifies documents related to the fbi's russia investigation. former congressman jason chaffetz will tell us what we can expect to see next. how do you win at business? stay at laquinta. where we're changing with contemporary make-overs. then, use the ultimate power handshake, the upper hander with a double palm grab.

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ythen you turn 40 ande everything goes. tell me about it. you know, it's made me think, i'm closer to my retirement days than i am my college days. hm. i'm thinking... will i have enough?

should i change something? well, you're asking the right questions. i just want to know, am i gonna be okay? i know people who specialize in "am i going to be okay." i like that. you may need glasses though. yeah. schedule a complimentary goal planning session today with td ameritrade. charles: secretary of state putting a cap on refugee admissions. susan has details. susan: record low ceiling of 30,000 admissions according to secretary of state mike pompeo. he says this is because they want to focus on backlog of cases, efforts to reduce the number of applicants. they have a backlog of 800,000 refugee asylum cases to look through. 800,000. this is record low. 30,000 accepted applications next year. compare that to the last year of president obama's administration, his presidency. they actually had admissions standing at 85,000 in 2016.

this is less than half that wait. >> wow. all right. thanks a lot, susan. president trump moves to declassify documents and text messages related to russia investigation. joining us fox news contributor areas son chaffetz, of course he is an author, his new book, "the deep state" goes on sale. congratulations. secondly what will which fet in details. >> i spent eight 1/2 years in congress. when i first got there i didn't know what the deep state was. i came out as a true believer. this is this element fights against president trump. they don't like a disruptive president. they did everything they could to protect barack obama. they are brazen in their approach. real life stories from secret service to irs to the state department, right on down the line. charles: jason, i think, whenever we have an epiphany in life it is after a series of many eureka moments. do you remember like the first

one that kind of made you say, hey, something isn't right? not to give up the whole book. i will get back to questioning in a minute? >> i was first member of congress after attack in benghazi to go to libya. the state department sent somebody. not because they want the illuminate things, not to help in libya, they were there essentially to spy on me. i realized how this is how an administration manipulates congress. charles: is it possible when we get the disinformation that president trump will classify we see some of that stuff? general public will see some of that themselves? >> unfortunately seen the upper echelon in the fbi playing out in real time. text messages they never thought they would be revealed. because they thought hillary clinton would be the next president. now we get to see these. i applaud the president for declassifying this and the fisa application because the government works for the american people. it is not the other way around. we deserve and should see this

information. charles: where are we now wall of this? wall street they always use the baseball as analogy, innings, right? it feels like it has gone on so long and going different directions that we didn't think it would go? where is this going to come? we're used to things never being resolved in washington, d.c. >> very few people get held accountable, that is the problem with the deep state. but what you're not see something the work ever the inspector general, who is looking into the fisa abuse. you do have john huber, the, the the u.s. attorney in utah working with general sessions it is on the qt, it is pretty quiet. people at senior level at fbi could be potentially prosecuted. charles: some people being held accountable, particularly those who abuse their power. >> they have gotten away with it too often. "fast & furious," irs, there has to be be accountability. charles: the book is the deep

state. it is out today. congratulations. >> thank you. charles: larry kudlow, president trump's top economic advisor says he doesn't think republicans will be able to pass round two of tax reform before the midterms. what will grover norquist say about that? well he is coming up next. ♪ a oser to my retirement days than i am my college days. hm. i'm thinking... will i have enough? should i change something? well, you're asking the right questions. i just want to know, am i gonna be okay? i know people who specialize in "am i going to be okay." i like that. you may need glasses though. yeah. schedule a complimentary goal planning session today with td ameritrade. when it comes to managing your type 2 diabetes, what matters to you? step up to the stage here. feeling good about that? let's see- most of you say 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 of a fatal heart attack or stroke. jardiance is the only type 2 diabetes pill with a lifesaving cardiovascular benefit for adults who have type 2 diabetes and heart disease. jardiance significantly reduces the risk of dying from a cardiovascular event... ...and lowers a1c, with diet and exercise. let's give it another try. 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. so-what do you think? well i'm definitely thinking differently than i was yesterday. ask your doctor about jardiance- and get to the heart of what matters. (john foley) i was there in chicago when bob barnett made the first commercial wireless phone call in 1983. yes, this is bob barnett in chicago. (john) we were both working on that first network that would eventually become verizon's. back then, the idea of a nationwide wireless network was completely unreasonable. but think about how important that first call was to our lives. it opened the door to the billions of mobile calls that we've all made in the last 34 years. sometimes being first means being unreasonable. i'm proud i was part of that first call, and i'm proud that i'm here now as we build america's first and only 5g ultra wideband network with unprecedented wireless capacity

that will not only allow for phones to be connected, but almost everything-- transforming how we all live, once again. (bob barnett) as you know, this call today is the first call that we've made on the cellular system. ♪ u.s. goods after president both going into effect on monday and this is one of -- this is one chinese most recognized business leader warren that this trade war could go on for decades we're on top of that, and sun finally peaking through north carolina but it is gone warning with that the worst could still be yet to come. president trump heading to that state torming and get a view he'll get a view on ground and we'll be there with him and, of course, another round of tax

cuts that question is can we have them before midterm and he'll tell me if it is actually in cards. plus audi unveiling alternative to tesla called e-tron. immaterial to i want to know if they're sworn with orders. hour two of varney starts now. ♪ ♪ checking big board giving up some ground up almost 100 points still, higher caterpillar biggest gainer on dow right now. looking pretty good here, and again something of a approximately in trade war. big tech names that we check every day, up arrows today, apple driving that dow higher also amazon bouncing become after falling 3% yesterday. reported estimates and then netflix tied with hbo for most

emmy win last night and now to trade war alibaba sod it could last for two decades i want to bring in market watcher scott she so decades how do you model for decades? [laughter] >> number one you can't. and number two he's wrong. so look both sides of this have is something at stake. number one donald trump has got some political good will capitol but that is not bottomless, and two is china has economy melting before their very eyes so both sides have a state in the business where things are kind of melting in front of them and not last forever. i think donald trump thinks he can jot last chinese and they can outlast donald. see how it ends but longer than today and less than 20 years an somewhere in between with that volatility. >> i'll put you down on that one. [laughter] finally interesting that markets are up not just our markets but shanghai up, and on the news --

>> no i'm kind of excited about it charles here's why. we've done such a great job of energy inoil fields was pumping out that's bigger than venezuela so done a great job there, but they said it right that china is the hill that trump is ruling to die it on right it is general customer moment and trying to get to eu and -- disrupt world trade order and get it back in line and that's eu japan, and u.s. to take on china, watch that in space. >> on that note we haven't talked about it in a while how important critical then is this nafta negotiation and ham away as you suggested there's a united front. >> well, i think if you take into consideration the president trump trying to get to japan onboard, to take on china and mexico is already with where

does that leave canada they have to do a deal whether or not they want to or not an how they can without losing face so canada will come onboard to get another bump in the market but wait until we see what that market does when we finally see trade wars on. so look at the bump with mexico, and what's going to happen with china and it is not going to last for very long. i don't think it will last for a very is long time. >> justin trudeau was smart with this because he came out extraordinarily defensive about their cultural protection of the dairy industry knowing it is drop in the bucket. so once he concedes on that, with he'll look like he gave up a lot but economically he probably won't and really ultimately he can get a deal that he want it is to or at least closer to a bill that he wants. >> yeah, you're exactly right, and because of such a close thing to the canada hearts and also to those wisconsin dairy farmers hearts it is not that big of a trade deal anyway he has that be the little one he lets go in the trade negotiations and he'll look like he did something great you're

exactly right and come onboard and everybody will be able to slap each other on the become and walk arranged shaking handle and doing high-five but they have to come onboard because this is what donald trump is trying to do is recreate this world trade order. and take on the chinese for what they've been doing last 20 to 30 years. >> great to have the guy talking about dairy. [laughter] >> hey, scott, overall trading -- is really interesting to me because we're in a stealth bull market since march 23rd lows we've done very well. but feel like more recently, the markets grappling. it feels like it needs to catalyst do you sense that? if so what would it be? >> well, i do because remember we were talking about that dow transport trade theory about a week ago now, and dow was lagging behind the transport and i think what that tells me is this: is there is some positive sentiment out there but hard to put that money to work until we with get clarity with the tariffs in china. i think we get that clarity sooner rather than later. so until that happens, we're

going sit here in languish but there's still too people charles trying to buy the dips and it is not working with out for them and a lot of money that has to be put to work so we're not getting big downdraftses that we're waiting for and some time sideways until we get positive news out of china. >> always a pleasure talking to you scott is thank you very much. >> all right see you well brett kavanaugh and accuser expected to testify before the the senate judiciary committee next week joining us now katy fox news contradict tore katy, good morning. how much of a problem now do you think this will be for republicans with respect to the midterm? >> it just depends on what goes on on monday? i do want to point out that brett kavanaugh accuser is not answering phone calls from the senate judiciary committee chairman chuck grassley was on an interview with phil hewitt called her multiple times and she hasn't had officially responded or accepted invitation to testify she has, though, said

that she will but brett kavanaugh is on board and testify on monday confirmed that he'll do so. so in terms of the mid-material it is depends on what we hear from both sides of the parties here or not. depending on whether she actually decides to accept that invitation. >> and you know spoke with judge napolitano, obviously, this is ultimately going to come down to i guess who seems more credible but we have to be honest about the political, the political situation in the sense that there's sen people there that don't want cavanaugh to be confirm and certain people -- so the four main senators in question how -- how do you do, do you believe they'll all look into this strictly on the credibility that each of them seems to exude and make a decision based on that? >> the credibility issue and suzanne collins said if brett kavanaugh lied about that

situation she would be disqualified and did the in accuse him of doing so and she also very heavily beraided dianne feinstein ranking member on the committee for bringing this to the committee in the 11th hour without showing her republican colleagues without showing her democrat colleagues and bottom line is, that democrats on the committee, the ten of them who are nangding an fbi investigation into the situation have already said in july they would oppose brett calf that nomination and you have senators like richard blumenthal calling for fbi investigation who said beforebred kavanaugh was named that he would oppose any candidate that president trump put up so politics on mostly on democratic side when it comes to the issue and dianne feinstein is facing a lot of heat for the way that she handled this situation because she's put a burden on the witness here. the accuser, and also is unfair to brett kavanaugh by not asking about a private session with when she knew about this in

july. so whether those details are reported across mainstream media that's another question but politically we'll see how this really plays out before the mid-material ors, the fact is that majority of voters want the nominee confirmed before the midterm unlike what chuck schumer has been say about delaying it until after that election. >> katy thank you very much. >> thanks. now there's this, facebook reportedly requested access to a customer information from banks. suzanne you have the details. >> over years facebook, of course, negotiating with a lot of these financial firms that includes wells fargo bank of america and american express papal among those and they're negotiating partnerships so financial firms basically give data to facebook, and use via chat fox anding messager service to commute but facebook wanted to store data wases linked over messager now these financial firms have some problems that that's facebook fighting back as well. but in the end, according to

pouk, you know, none of this financial information was stored no ads they were not used for ads targeting some of their customers as well. >> wow with all right thank you very much. now there's this north carolina governor warning high water took days and weeks jeff flock in the thick of it and see what's happening on the ground and here's a question for you. do you want to know words to major networks used to describe president trump the most? how about volcanic hot head, going ballistic that's according to a new study of course all on that and unveiling their answer to nike ad starring colin kaepernick highlighting one hand haded seattle sea hawks player. i want to know what brian thinks of it. i have goose bumps when i saw it. second hour of "varney & company" is just getting started. hi, i'm joan lunden with a place for mom,

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checking big board market here drift just a bit. after opening up extremely strong, meanwhile autozone profits beef up sales and stocks taking a pretty big hit down 3%. same thing with general mills revenue lower margins no pricing power and stocks down 8% now switch gears japanese billionaire first private tourist to fly to moon aboard spacex big falcon rocket. listen to this. >> it is dangerous to be clear. this is dangerous. this is no you know walk in the park here. when you are pushing frontier, it is not a sure thing. you know, it's not like just taking air flight somewhere -- but there's some chance that something could go wrong. >> suzanne who is the guy? dangerous also very expensive. so billionaire japanese

billionaire who owns the online japanese clothing retailer zozo volunteered he's raised his hand paying for this price tag not disclosed for this lunar joy ride elon musk did say when he asked about development cost it could be 5 billion he doesn't think it is more than 10 billion not less than 2. contradicting to those development costs as price of his tickets and passengers will bring onboard to go to the moon. you know only 24 people have made that quarter million mile journey to the moon all apollo program. bringing six astronauts. artists yeah he wants to travel with artists. nice guy. >> thanks a lot i want to bring in zach harvard law school distinguished fellow. so the question i guess for some is why musk flying billionaire to the moon when he's having problems with tesla technically delivering that model three. >> it's a different company spacex is doing xreal well.

they're now taking on the giants. i mean they've been -- launching rockets for fraction of the cost of the company. so it is a very successful company and has which is different than tesla and i wish he had asked me by the way. i would love to go to visit the the moon. [laughter] >> you have 30 million you can get on the list. [laughter] you know, i agree with you and you know, spacex is taken on a chunk of market share, with and you know people wonder why they can't, you know, can he apply that same business to tesla. here's one for you. elon musk saying that the company will handle most of their collision repairs in house. do you think this is a good step? >> yeah. first of all, tesla is now producing 6, 7,000 cars week. they are going to be profitable and end with cost with dropping and as profitable as any other car company if not greater. secondly, the collision thing i think it is brilliant because i wanted to test for seven years now and i've crashed it three times.

i tell you going to local stores to get repair that's painful dealing with body shops is awful to start with with is people very rude and rip you off with tesla so few of them that it is a nightmare. so other beauty of the tesla is like lego blockses that clip together. whole car has been designed with few parts to tesla can do its own repairs and it is wonderful. all you know all of the service you want from one company, so i love the company by the way, and i disagree request the criticism of tesla largely. >> do you, disagree, though, the evaluation in other words okay perhaps listen, he's a visionary he's doing things he's been -- he's been a leader in industry. but should it be a 300 dollar stock at this point? >> why not? if you think about over next three or four years fully involved autonomist capability. at 150 billion dollar and it is a self-driving software. tesla has be the reis they're now building platforms for --

you know for energy for -- you know, transportation and so on and so on. so company is in a car company it is a platform company, and it is giving silicon valley the advantage and it loves so much because it is the architectingture and way they think. >> you know it was producing profitable as any other autocompany those regular autostocks haven't faired well at all so you know that's not necessarily where you want to be a care son to many were saying ultimately batteryic mas a difference explain to folks why this battery is so revolutionary why it is so -- so valued so importantly with respect to stock price. >> right. so you know, with what tesla is -- is iphone on wheels literally. it is computer software and hardware and a motor, an sos it not engine like you have, but it is a motor so battery is key component of it that gives it range and that's where value is

and tesla is also making battery available to other industries they can't produce enough for thelses but they also plan to provide it for houses they could be selling bright light rei itself and it could be creating new engines. so -- they are building with battery but using batteries so this new platform creating for energy on it battery is the platform, and they'll have many different companies building on top of it so form a long-term perspective they really are geared to own the future in several different industries. so this is what the critics don't understand they keep comparing to general motor and ford an they don't understand that depth and vision that e elon musk has to create this platform. >> well i will tell you this. this shorts wall street nay sayers have been crushed time and again, going against elon musk and i would not be surprised if he does it again. thank you very much for the insight. >> absolutely. big night for netflix and amazon

at the emmy and sue disas has details. >> hb organization and netflix won 23, they each and best drama series no need to guess "game of thrones" winning best comedy series. this was surprising, amazon the marvelous "mrs. maisel" and netflix that is amazing i have seen that and i highly recommend it but this is a battle of the traditionallal television channels versus the online giants like amazon. like netflix and scariest part of it taken them less than half a decade to get here to win the most emmys. >> remarkable. it is incredible. been great, though, it has. and billions that they're pouring into these productions. right, it is just a matter of time. >> all right suzanne thank you very much. audi unveiling answer to tesla last night 74,000 dollars i want to know if people have already begun to order it i'll be asking

ahead later in this hour. more varney right after this. (guard) i've seen things i shouldn't have.

unnatural things. these people they don't sleep... like ever. they reveal in extremes and defy limitations. these pursuits may seem unnecessary. but the scariest thing i can imagine is a world where this, doesn't exist.

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ythen you turn 40 ande everything goes. tell me about it. you know, it's made me think, i'm closer to my retirement days than i am my college days. hm. i'm thinking... will i have enough? should i change something? well, you're asking the right questions. i just want to know, am i gonna be okay? i know people who specialize in "am i going to be okay." i like that. you may need glasses though. yeah. schedule a complimentary goal planning session today with td ameritrade. all right checking price of oil big day for crude, gets to 74 maybe off to races look really good here this morning, of course, let's get a check of gold. 1200 range has been stuck there for a long period of time. maybe some of the buyers will block to bit coin also i want you to take a look at the major flooding near north carolina from earlier today jeff flock is a little further north from

there in north carolinaing. with things are looking like there, jeff. >> yeah, north of wilmington, of course, water all had headed down to wilmington but look at this this is cape fear far off in the distance maybe you can see it back there running. but way with out of its banks and i tell you there's a lot of roads numerous roads really and north carolina that look just like this one which is getting overwashed and if you see it here this is over -- compromising the road beds on these roads so when this flood water goes away there's a lot to do. funny i've seen now two fish fairly decent size fish and i'm not a fish story -- but have come through here, obviously, when these flood waters go off a of their banks with it comes the fish and everything else that's in the river. and this is moving pretty fast this water is moving pretty fast and maybe you can see down here where they tell you be careful doapght wash, drive over it and if road beds have been compromised boom, you drive a

car on there and you have problems. we crested here south of here in fayetteville cresting today and wilmington further down the road so -- it's still here slowest moving disaster -- [laughter] that i've ever seen in materials of a hurricane. hurricanes not so bad aftermath -- that's a bummer. >> that made it so significant right, how slow it moves and -- compoundedded to devastation. jeff flock thank you very much buddy appreciate it. good to see you sir. now there's this paul ryan said that house would vote on tax cuts 2.0 this month so i want to know -- if we could see it as law with me next and starring in seattle sea hawks one handed line becomer and inspiring story -- seem like their answer to nike colin kaepernick will give us a take.

♪ [laughter] okay. you know what i mean. okay i know this one. standing there -- and on air stuart varney who will be back tomorrow by the way. >> yes. yes to the beatles let's check on big board starting to get a little bit of umph back and look at 26, 165 on the dow that could be the breakout point to get some acceleration until then we are holding up gains from early this morning big tech names all

higher inverse of yesterday, being led to amazon biggest percentage gain remember it took 3% yesterday, and then there's fedex company missed on their profits. yesterday it stock is now 5% in trading so far this morning. now take a look at this number, now this is according to "the wall street journal" u.s. companies have brought back just 143 billion in overseas cash since tax bill was passed joining us now grover americans for tax reform, now you think this actual number is a lot higher. >> well there are a lot of -- there are a lot of quotation marks arranged his article. richard ruben does understand that the commerce department founded in the first quarter. the first three months only. 305 billion dollars came back. he limb it is it to certain companies that he's looking at doesn't include smaller companies and only does it by asking people. one of the challenges you have is that companies do not have to

report how much money they have overseas what they bring back, it is not part of their, you know, requirement with the fcc. and apple announced that such money held in france has the same legal status is a bank in texas or we're not even reporting to our shareholders because it doesn't matter anymore. it used to matter if you're -- you know 250 billion dollars as apple had with cash was stuck overseas. they announced they're bringing it all become and see how much they bring back over the period of time. >> one time tax on the repatriatuation already? >> they have to pay a tax whether they did or not so there's won time hit on all cash held overseas. from now on, from, you know, from this time on, yowpts you want to bring money back there's no cost to moving it to texas and -- taking it out of japan. it used to be could be a ten or 15 or 20 or even more percent

tax on it which is why a lot of money didn't come back. so the repratuation according to commerce was 305 the first quarter and then another 200 billion this quarter that will be announced -- september 19th and folks who looked at this the most has been looking at it going back to 204 he had better numbers than the treasury department did at that time because went out and checked with each of these companies he's expecting about 700 billion dollars back this year 1.7 trillion. 1.7 trillion over two-year period it is a very large number coming back. but the the 700 billion this year on track to do and so it is very good news. but also it doesn't matter where it is held right now. apple says all of its money 250 billion it is all coming back it

just when they need to use it. >> next one for you. do you think we're going to get these under the circumstances it. tax cuts 2.0 because larry kutd kudlow top economic chief has his doubts. >> well, the reallies are putting forward on the house side. it would pass that -- house it would pass the senate if all you needed was a republican vote and you could pass with 51 votes in the senate because senate has gone crazy, and democrats are not going to pass anything no matter how good it is for the the economy, and it takes 60 votes to pass a tax bill in the senate. it may pass house and not senate right now but do reconciliation next year. republicans hold house and senate 2.0 will pass. it will pass if republicans hold house in senate. this election is all about whether your taxes go up or down so vote. >> but there were some republicans grover who were talking, you know, the blue

state republicans who were saying hey, maybe, maybe wouldn't be a good idea, the impact from salt has been much deeper than they anticipated maybe it wouldn't be a good idea to go with 2.0. >> well the worst time republicans and blue states -- who didn't vote for it the the first time but not enough to stop bill from passing, bill would pass and it would be some said i'm concerned about x, the challenge if you live in new york or illinois or new jersey or california high tax state your state's taxes are too high. your city taxes are too high that makes salt important. so they node to work on electing better governors in california and new york and new jersey and better legislators. >> new jersey resident i would say amen appreciate it. >> good to see you. now this german automakers what's going on here? >> american european car manufacturers like volkswagen, caught cheating on emission

testing and european commission sent in these surprise visits to the likes of bmw and like and they found listen to what they found. no evidence of the companies working together to cheat on regulatory testing. when they did find, though, was collusion to limit the development of these technologies that could limit emissions in the the future. so this is sthng that they're going to look into. did they collude? and this makes no sense to me because whether or not you're a climate change believer or not you want cleaner air. so why would car companies limit technology that reduce emissions? >> but harmful to your health? >> to have these cafe standards if you will that -- and that's federal government like a state led california where there's so many cars to influence this as well and doing this technology to meet to increase government regulations and press -- >> makes no sense to e me. so we don't know just yet that that's whatting in the house. >> possible collusion. possible collusion and meantime stocks are a little bit higher.

you know it is interesting because we have had had a fair amount of scandals from volkswagen and the like. all right thank you very much. suzanne joining us now live on the radio it is bryant, of course he's the host of the bryant kilmeade show. i have to start with this -- brian, they put out this ad is one handed nfl linebacker griffin i want to share it with the audience. roll tape. >> give you better understanding -- it's all about work. putting in the work. putting in the work. and she believed, they believed -- i'm never going to stop and never going to give up. wow, pretty amazing. you know, he's a great story he was born that way. he's got one of these -- it was an amniotic problem in the womb and dad had him playing wept to university of central florida and now he's a pro. but he fought through this kind

of adversity and you know, when you hear about people sack sacrificing things to clear hurdle, the physical hurdle physically it is a remarkable story this is something i think everyone could gravitate to. >> look he was also used as a cut in the nike ad which i loved. everything except i believe the only person who didn't belong there was colin kaepernick because all of these others doing great things on court where they came from, ad is great a minute or two and this ad is fantastic. i love the personal story it is makes us feel a reason why we catch sports. for stories like that and jill the is smart to say listen i'm not going to polarize you or say go on red team or blue team but say -- understand this story and get on his team. use it to -- to inspire your during or your son to not necessarily go pro. but to focus on whatever you want and don't worry about obstacles they can be cleared if the focus is air if you do not make excuses colin kaepernick

basically is making a lot more money and doesn't have to play football and he stands against law enforcement america and feel as though they have unequal enforcement of law when it comeses to minorities in america that's what he stands for, and he sacrifice careers he steams to do so. >> did he sacrifice his career or -- was he at the end of the career some people saying he was sort of -- last 12 games or so he didn't do very well i think one in 11 record, and he be playing charles -- no question, i mean -- >> so the league is punishing him -- >> no they don't want the distraction and what they're doing when he decides to sue the league and say collusion kept him out of the league i know that great word, collusion. kept him out of the league, was does league do? you're seeing me let me hire you so he essentially went on sideline and had lawyers fight it out with a big nike contract coming in big speaking fees cascading in too. but late 20s gone to his super bowl his team rebuilding.

there was so many opportunities for quarterbacks who were emerging for teams that are there. they just need a quarterback with experience. he would have been on a roster especially with the the way he runs. now, he was down with the 49ers. he was backup quarterback some to believe it i'm one of them that if he was a starter and that team was okay he never would have taken a seat. the guy was bummed he got benched. casually was asked to question next you know he's a national movement. >> i have -- i think you know the movement itself is one that is, you know, people, people in the black community feel deeply about. i have problems done with it done during national anthem. >> look at nike stock you know this better than anybody i know. it has gone up. so now you have -- you the celebrities doing red carpet yesterday where nike shirts. so nike may be smarter than all of us. >> it is early to evaluate that and stock hasn't done that well in the last three years so adidas eating market share and

stock gapes see how market gain is. >> go get them. >> i will. word that brett kavanaugh is at the white house we get any information bring it straight to you. meanwhile my is on fire we are with clicking on all cylinders right now and talk to kevin, the counsel of economic advisors and i'll ask him about tariffs and just how far the administration is willing to go. we also have been teasing all show about audi e-tron and so cool -- that it is coming out of pretty interesting time too. remember tesla under all of the fire. this is audi rolls out electric car. we have it next. you're headed down the highway

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♪ >> president trump authorizing tariffs on 200 billion dollars worth of chinese goods yesterday and last hour, legendary investor jim told us that he believe it is that apple will continue to grow. those smaller competitors might feel some pain. >> the apple is so dominant in what they do so innovative so creative so financially powerful, so flexible in term of their supply chain that this will not be event they will continue to grow and it will

hurt and weaker competitors but this is a football game and a lot of blocking and tackling, and i think when it is all said and done i agree with your point that i think ultimately trump and united states coming out winner and of course apple. 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.

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quick check of the big board we're near highs of the session market showing some resolve ed tay. good news there. also watch out tesla, audi unveiled a first all electric suv called the e-tron. joining us now scott congratulations if i first of a. >> thank you charles, thank you very much. >> tell us about the e-tron because it ain't cheap. [laughter] >> i disagree. i think it is a perfect price. i think the first thing is we unveiled it 1600 people from around the world here in san francisco. it is audi first all electronic vehicle, first it is an suv second it is beautiful, and third it drives really fantastically. so we couldn't be more excited to bring this technology here in the state. >> let's talk about that a moment because if, of course, tesla is enjoyed being the first mover advantage, and now almost every day we look and seem like another car company is getting into -- getting into the electric space particularly when it comes to suvs. what distinguishes your new

e-tron from the crowd? >> yeah look i think there's a lot of people making proclamation but what is physically here driving and on the ground, obviously, you have tesla and then, of course, you have our vehicle here. what distinguish it first and foremost is as audi by being that build quality is phenomenal and latest technology it drives like an audi with two electric motor so handle and dynamic are phenomenal. another crucial thing is we are a national brand with 302 dealers spread across america. ready to get behind this i think if you look at our scores we have high customer sphrax. customer report saying we make best cars in the world when you package that together, with electric we think it gives us a massive competitive advantage. >> scott is what about some of the it shall distance anxieties that are so shaded with electric cars people are concerned to run out of juice while on the road. >> yeah. i think these are fair, i think you use keyword anxiety and those in life as we all know need to be explained and frankly

they're not anxieties. i think this car has a 95 kilowatt battery so range will be good. and in my mind there's three big things. one we're partners with amazon and amazon will be handling home installations. so ewe start every day if you will with a full tank of gas. we have a electrify america investing two billion in charging network across the state we'll have thousands of charging stations by the time we launch vehicle and third one again is our dealer network. these are americans committed to this technology. they are putting infrastructure in our 302 dealerships. so piffle very confident. we have that piece of mind, and look at it other thing is just -- the reality. most americans are driving 30, 40, 28 miles a day this car will dramatically cover that. and so just got to get over as you said on anxiety. >> well, go deeper for us because i didn't know about the amazon part, and this sort of is this charging the car at home? >> exactly. and basically it is a simple as

going to our website or going to amazon website you click on a button. they'll come to your house, and they'll obl look at the electric architecture of your home they'll install a charger. flat fee, of course, they'll vet the electrician so certify with happiness guarantee so if you're not happy they'll take it out and give you money back and these are the kind of things we want to put in place. so we can get consumers who haven't gone electric to go electric. so we think it is a powerful thing and this is by the way, the first time amazon has done this and partner with us on it. >> i will say scott look like you're on a role momentum so people know audi stock sup 25% general motors up only 9% so ford down 2% and this country alone last month -- your toalings sales up.4% so something is going on out there. audi is on a real role there. >> charles you have the numbers better than me. i think why it is we've been

building consistent plan. we treat our customers well. we launch phenomenal cars frankly our products are right for the times we bring latest technology. weft latest designs. and audi brand has become a cool, high-tech car and that's what you want to have in this market and as you said, we've been growing for 92 consecutive months. we doubled our sales. just five years ago, and it feels good and time is right for an electric car for us. trchg that's a beautiful e-tron behind you. scott congratulations and thanks for coming on the show this morning. >> appreciate it very much. thank you. >> all right coming up we know -- mainstream media has some contempt for the president but you would be shocked to hear the words they use to describe the president most often or maybe you won't be shocked. but it is next. ♪

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>> quick check big board now hanging in there. can't break out but it is holding gains and showing some resolve this morning. now i want to switch gears -- a new media research center reports shows that mainstream media uses words like furious,

volcanic, and hot head to describe president trump. joining us now howard kurts media buzz host, not surprise to see those words. howard, you know, listen they did great work media research center in uncovering this stuff and tracking it. i think a lot of people wonder does it -- really reflect, though, a bias against president trump? with respect to the mainstream media. >> this makes me really feel volcanic i have to tell you and i can't say i'm shocked because i watch a lot of tv. and you don't need to rely on that group because harvard showed 90% by the network pps real thing here in addition to volcanic and so forth and hot head there's some liberal pundits but we're seeing this putting him on could have what's his mood? the kavanaugh nomination ran in trouble what's his mood, is he angry michael cohen pleaded gts and president said to be lived.

all relying on secondhand sours nots saying it is not some times true. but there is this sort of media fixation on the president's temperament. >> also even when there's a positive when they have to toss in talent and doing well like the economy it is followed by a but manufacture jobs have final come back, but -- you know, so it just feels like they don't hide it at all that their animosity towards this president they never if they wear it on their sleeve and i think wear it proudly. >> i do think there's some fair journalists out there even in the television business but essential the overwhelming tone of most of the mainstream media coverage is antagonistic is president is screwing up you turn on morning shows like how do you screw today and then also you know, that he's not only -- that he's unhinged that he is -- you know a bit crazy. we have to talk about his mental

health. and some of this comes from the guests that are put on. and of course some of these panels on some of the nighttime opinion programs on cnn, msnbc are all anti-trump and it does seem that the the guy can't catch a break you're with right. my is doing well. or if he has a foreign policy success, that his reported but it is minimized or challenged or as you say word but is used. thanks a lot appreciate it. good to see you charles. jack says this is so liberal that conservatives working there do not feel comfortable speaking their mind. next hour we're going to talk to conserve whoif who says she was shadow banned. more coming up. ♪ as moms, we send our kids out into the world, full of hope. and we don't want something like meningitis b

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charles: 11:00 a.m. here in new york.

8:00 a.m. out in california. we're starting off with your money. check that big board. a majority of stocks as you can see higher led by nike which is starting to pick up momentum. the your biggest loser at the moment happens to be dupont. we're joined by steve forbes, forbes media editor-in-chief. steve, the market up could we say despite the trade warhead lines or maybe because of it? maybe the theory this takes us closer to some eventual resolution? >> i think it is in spite of. if you waved a magic wand, got rid of all trade disputes, everybody is happy again, you would see the market go up on the dow 5000 points. 20%. this economy is on a roll. earnings, profits are going up. market always tries to look to the future. if the sunshine has no clouds like the trade clouds, boy you would see, people would say, jeez, it is still too late to get in. charles: are you saying if it was like it was when trump came in we would be okay with that? the market was be okay with that but some people would be

complaining. they don't have a voice. maybe they live in beauty, montana, boise, idaho, people were complaining about effects of trade for a long time before trump was elected. >> as we've seen we have job shortages in the economy. skilled jobs, unskilled jobs. it is amazing. we haven't seen anything like this since the '60s, or the '80s, early '90s. things are moving for war. for trade, you have to make the distinction between normal trade and trade abuses. china is engaging in trade abuses taking our technology f we had done from the beginning they're talking about, uniting with allies like european canadians, these are the abuses, you're not playing by the rules, these are the steps we're owing to take i think we have gotten this resolved. charles: do you really think? think about the iranian nuke deal. they want to stay in that. how much nerve will or chutzpah

will they go against china when they're economically depending on them. seems their economic weakness the fighting partner out of the gate. i don't think you are europe would have stood with u.s. >> they just want to get the deals now. they will not go against us now that we pulled out of that crazy bad deal. they will not defy those sanctions. already big companies in europe made it very clear. charles: everyone was going to stand up in china after not doing it for 30 years i don't know that they would have. >> because there was no leadership. the u.s. takes leadership on china. they have real issues with china. they don't like their stuff being stolen. charles: of course not. >> if we take the lead so they're not out there alone, bitablely you get things done. so the key thing is, how best to deal with the abuses. i don't think putting sales taxes which is tariffs, putting sales taxes on american businesses and consumers -- charles: how would you do it, how would president forbes do

it? because statecraft has been attempted in the last few years and it never worked. >> they didn't really attempt statecraft. they would make noises about it but they never followed through. the chinese knew it, the iranians knew it, the north koreans knew it, they all knew our lines in the sand didn't mean anything. this president meant it. so if you make very clear, this is a real issue. you increase naval patrols in the south china sea. we're not being patsies anymore. charles: right. >> you pick a chinese, major chinese bank and say, you're engaged in money laundering, that doesn't stop we'll kick you out of the international banking system. charles: have follow through on the threat. >> that is huge. that is what the president did in syria. he sent missiles in. once they see that you're serious then good things can follow. we weren't serious up to now. charles: we're at this point. president trump decided to go the route he has gone. we're in the thick of it. companies like fedex which missed last night complain about tariffs. you had other companies, some i

think is you know, can't bring ford focus. there is no demand for cars in this country, particularly ford's cars. corporate america should be fighting back on this? because here's my concern. when we had the tentative deal with mexico and they said we would have greater share of automobiles built in this country the corporate world, the globalists said, that means higher prices for the consumer. you know, would, there is not a chicken and egg thing, steve. it doesn't matter what the prices are if i don't have a job. they were saying they didn't like the idea of more jobs in america because prices would go higher. seems disingenuous, what they're saying their margins would get a little bit lower. >> well in terms of jobs, again you can't hire people. you have wanted signs all over the place. in skilled jobs, hvac, can't get people, pays 80, $100,000 a year. we have a booming auto industry in tennessee, alabama,

south carolina. we revived manufacturing. how do you revive manufacturing? get a booming economy. that is very different from trade abuses. charles: they will have to make investments. they may have to take a little off the bottom line for investments, these major investments. i mean i just think they're anti-capitalists pushing this country and getting a big help from corporations which took in $2 trillion in the last three months and they're talking about passing on any incremental cost from tariffs to the american customers. i think they're blowing it. >> some companies will raise prices some try to take market share. that is what competition is all about. that is what you're starting to see. one of the most encouraging things about this economy in the last six months new business formations reached a level we haven't seen in a generation. charles: phenomenal. >> that is always our great strength. once you start, president got it right. once you start to get off the backs of american people, deregulation, starting with a tax cut, should go for a real

tax cut 2.0, you're going to see booming, as we said we'll win so much we'll not know what we're going to do. charles: there is so much upside potential, steve. i really do. we're at beginning we could be renaissance no one believes. >> countries won't give us credit. they will do after the reagan changes in the '80s, they will imitate us as they denounce us. charles: best form of flattery. steve, we're with us for the hour. switch gears to get to the kavanaugh nomination fight. cavanagh meeting ahead of testimony this week. his accuse hears been called to testify. she has not yet to respond. i want to bring in kayleigh mcenany rnc spokes certain. a lot of speculation this morning. everyone is drawing battle lines and, it is, going to be, monday will be and i amazing day. how do you see it playing out? >> will be.

we haven't gotten confirmation yet, miss ford the accuser will testify, as the white house said we want both individuals to testify but when is so sad about this, charles, so sad, is that democrats have had so many opportunities to ask about this. they have known since july. in 1278 follow-up questions they wrote, the 30 hours of testimony, the 65 meetings, not a single democrat asked about this because they are using this as a political means to stop the nomination of brett kavanaugh. how it will play isn't i do think he will end up being confirmed because he is a man of up standing character. charles: there is a report out of "the hill," cavanagh may have lost report from women who vouch for him. expect articles coming out. i'm sure the 65 women don't want to be political pawns. stands to reason, hey, don't bother me right now. don't bring me into this. how does this set up monday where kavanaugh i think is, there will be a certain burden on him to be able to exude credibility.

i don't know how you do that, you know, everyone, how does he do that? >> yeah. it's a one person's word against another and what i think we know about judge kavanaugh just from watching those hearings, he is very calm. he is very sincere when he speaks. i expect we will see that in a very forceful denial. he is categorically unequivocally denied this. in his words. i think you have to look at the track record. judge kavanaugh has been tested for his character, been attested for by 65 women in high school. hundreds of women have said he just didn't help advance my career in his office, he helped me when i left. no longer even in his office. these are women who say this is man of character, we've got to listen to those women. charles: got to listen to both sides. we will. we'll know a lot more on monday. between now and then it will get even uglier. cay leigh, thanks for joining us. >> thanks, charles. charles: facebook sought

financial data from firms. apple, iwatch, the air buds won't be impacting by the next round of tariffs. stocks fractionally higher this morning. happening this hour president trump will sign an order aimed at threatening our country from viral threats and pandemics. any headlines from there you will get them first. and we have a record number of job openings up not enough to steve forbes' point to fill them. they don't have the skills. we'll talk to the white house what kind of plan they have to get the people up 6.9 million jobs going begging right now? will we continue the 4% growth right now? the atlanta fed says yes. we have a lot of questions to ask so stay with us. the their hour of "varney & company" is just getting started. ♪

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charles: now this the white house holding its first meeting of the president's national council for the american worker. the goal there is to address the skills gap. want to bring in kevin hassett, white house council economic advisors chairman. kevin, all right, 6.9 million job openings, maybe 6.4 million workers. we hear from small businesses, large business, we got the jobs, we can't get the training. what role will the white house, what role will the government play closing that gap? >> this is one of the things. we had our first meeting in the roosevelt room and president was. there this disconnect with job openings and how many workers we have we view at the white house a tremendous opportunity to reconnect people to society. it is not just the 6.1 million who are unemployed we're targeting but people got discouraged in the economy last few years gave up looking for

work, have a chance to come back. what we're really doing, ramping up evidents to give people training they need to get a job and also encourage them to use bully pulpit like right here to encourage people to get back and try. there are some job openings. if you're sitting at home. discouraged, stopped applying for jobs because they rejected you, you need to go out and apply. what you find the programs we're already starting to put in place will help motivate employers to give you training they need to take jobs. charles: tell us about these programs. one of the miracles of this economy is there are people who thought they would never work again. >> they're coming back. charles: felons or people who, at the bottom of the skills rung. they are coming back into the labor force. what are these programs? >> sure. there are a couple things. one thing we found there is problem of free rider problem in training. you and i might have firms then i train the guys go to the cost

to do that, and you will steal them from me. one of the things we've done is spread the message to the employers, now is the time for everybody to invest in training. we have the long list we talked about, employers all around the country, large and small, who agreed to train millions and millions of american workers. what that does, fix the free rider problem. the second thing i think in the end will be more important, we found there are job training programs that the government runs, scattered across a zillion agencies. they're not accountable. they don't show they helped people get jobs. people haven't really evaluated them carefully, these work, those don't. what we're doing, with a real sense of urgency, we're putting together a council, a second council that reports to us that will evaluate all those training programs. tell us which ones work. if none of them work we'll find other things to do. charles: a lot of them don't. when i was growing up in harlem, we had those kind of programs. it was a way to create a few jobs in the neighborhood for people that worked in them, there was never accountability.

never skills really taught. never job placement. i thought they were phony and disingenuous. glad to hear you on that. >> can i add one other thing. charles: sure. >> i left out one of the important things, chris liddell, deputy chief of staff has been coordinating to help get information out there. suppose you see there is a mining job available, i always wanted to work at a mine, well then, like how do you go from that thought to getting job? the government has data to make decisions hey, if you get this training you can get that job, but don't have it available on easy place in the internet. we have the big information initiative will take all the information the government has and help people make choices that reconnects them to the labor force. they see what works and what doesn't. charles: i hope you guys focus on high schools. i sat in rooms, kids graduating the next day, they had zero idea what they were going to do. zero. focus on high schools where these kids can't afford to go to

college. i want to ask you about the booming economy though. listen, atlanta fed is back and forth. we ended the week surging again. 4.4 is their number. can we get back-to-back 4% growth? >> i think we can. the odds are probably 50/50 that happens. i tend to, in the white house play down expectations here because folks get really excited at the blips at the atlanta fed and you have to remember early in the quarter before we have lots of data there is a big margin of error for them. charles: we're near the end of the quarter, come on, kevin, give me something. >> my number is 3 1/2. i haven't budged off of that in a few weeks. i'm hoping for better than that i think you're right the economy is incredibly strong and we come to that. we're expecting we might get successive 4% quarters. that is how strong the economy is. that is my job. i get paid to worry. charles: you've been cautious when it comes to discussing trade in china, right? >> sure. charles: let me see what i can get out of you.

you can get everything out of me. it is all out there. china is retaliating, there will be 60 billion, i think the number will be 25% which is interesting. the next round is only 10% on these goods. china can only go so far. they obviously export a whole lot more to us than we do them. as this thing ratchets higher, where does it go? you know, wall street says you guys are making gargantuan mistake. historians saying you're making gargantuan mistakes. almost everyone is against the white house and using tariffs as a tool. >> i just disagree with almost everyone. there are a lot of people who have seen the great trade deal we made with mexico. progress we made with europe of the fact we're still moving forward with the canadians, suggesting, we've got the koreans, so on. the president has been renegotiating and improving deals. the biggest challenge of course is china. the cea put out an estimate last fall china is stealing through intellectual property theft and forced transfer one to 3% of our

gdp every year because they're not adhering to the wto rules. china has to show up, hopefully they will soon and come to us with an offer basically says we'll join the community of nations, we're going to behave like an adult country. they haven't been doing that. charles: right. >> if they don't do that, as you mentioned we got all the ammo. china is out of ammo. we've been measured considering what they have been doing to us. charles: kevin, i hope you look at some human rights abuses and the supply chain. there is still a lot of that exists. it doesn't reflect american values. if you will win this thing, i think that could be a good component to go after as well. >> the good news we have really top team of people that will be working negotiating with china if it comes to that. in the meantime we're putting a lot of pressure on china. don't forget these things interact. so under the old nafta deal if we put tariffs on china to try to stop the misbehavior they can funnel nell the stuff through

mexico. we have really good transfer rules, there is no relief valve for them to go this mexico. the reason we ratchet up, isn't because we don't like them. he likes president xi. charles: all about doing the right thing, kevin. >> all about getting right deal. we're moving forwards. charles: we have to wrap it up. are you worried about a robot taking your job? the world economic forum says the robots will create many more jobs than they destroy. we'll tell you exactly how many before the break. ♪ this isn't just any moving day.

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tell me about it. you know, it's made me think, i'm closer to my retirement days than i am my college days. hm. i'm thinking... will i have enough? should i change something? well, you're asking the right questions. i just want to know, am i gonna be okay? i know people who specialize in "am i going to be okay." i like that. you may need glasses though. yeah. schedule a complimentary goal planning session today with td ameritrade. charles: the world economic forum has a warning about robots taking your job, susan but it is good news? >> susan: good news. but let's get to the bad news first. they predict ai and robots kill 45 million jobs. good news they will create as many as 133 million new jobs. more than half of all tasks in the work place will be carried out by machines by the year 2025. some of those at-risk industries include accounting, secretarial,

industrial, postal sectors. client management as well. if you're in the creative field, e-commerce, social media, customer service, marketing you have a bright future. charles: steve, this is creative destruction on steroids, should we embrace it? >> absolutely. should get over scare things like artificial intelligence like my friend mike mills says says we don't call cars artificial horses. we don't call planes artificial birds. it will create jobs because frees up to do things we like to do. charles: ludite envy, forget about it? >> always ignore it. food times coming. but they will never replace you. charles: thank you. ii want to go to wilmington, north carolina, essentially shut off from the rest of the state after hurricane florence. we'll go live there to see what the conditions are right now. plus we'll talk to a north carolina congressman to see how the recovery is going. we'll talk to a man that he

can see the growth maybe 4% or more. that's right, he is bullish. you will want to hear what he has to say. ♪ at fidelity, our online u.s. equity trades are just $4.95. so no matter what you trade, or where you trade, you'll only pay $4.95. fidelity. open an account today.

charles: checking the big board. check this out, folks. we broke through the early resistance point. now majority of dow components are higher led by dow, caterpillar, boeing, visa. now there is this. "qunnipiac poll" found just 12% of the people citing the economy biggest issue facing the country. that is a record low. we want to bring in a laugher center for supply side economics associate. brian, i hope i didn't botch your name too badly. ironically, i thought it was "gallup poll," i thought this 12% number could backfire on republicans because it is no longer that important going into the midterm elections. >> everybody forgets about the economy when it turns out to be great. what donald rumsfeld used to say

about air. when it is plentiful you don't worry about it. only when the economy tanks, that you worry about it. the american people love their prosperity. if we have consecutive quarters of 4% growth the americans people will get into like never before. charles: what do you think when we see broader polls, particularly political polls that suggest the republicans are struggling here, it seems to me, when this sort of job creation, with the folks coming back into the labor force, wages are going up, is it just the republicans are not articulating this enough? >> let's remember something about the polling business. it is now matured throughout very slow growth period of the long 2,000s. the last 18 years when we had slow growth. the polling business is not ready for big-time economic growth. maybe the polling business hasn't captured the excitement that electorate really will have, if we have four to 5% growth like we did in the early ronald reagan years. charles: i got to agree.

anecdotally, voters will be driving by malls, by shopping centers, and all you see are help-wanted signs out there. in fact the same poll says 64% now, it is best time to find a job. that is another record high. so what does that tell you? because this optimism, people are feeling it. forget about the headlines. they are feeling this, aren't they? >> we're seeing not only optimism right now but the conquering of pessimism which is two different things. over the long great recession semirecovery for eight years, pessimism really got entrenched. that is hard to pick up off the floor. when you have optimism coupled with people deciding, i'm going out there to take a whack at the ball again, that is a double barreled push. i think we'll have a lot of enthusiasm for this economy way into next year, years beyond if we have four or 5% growth every year. charles: to your point, brian the sentiment number from the university of michigan, the highest since 2004 but what

people missed we still haven't reached the 2000 high. does that suggest we have expo mention upside potential here? >> well, sure. labor force participation sunk like a stone throughout this entire millennium. we have a lot of people quit on the idea going to work. that is one of the reasons why the unemployment rate is so low. it only tracks people still into getting a job. we'll pull people out of the woodwork on order of five to 10 million. that will lead to so much productivity and prosperity in this economy it will remind us of the way it used to be. >> brian, a quick question, do you worry about the fed thinking we're too prosperous and trying to slow this thing down, overheating or getting too hot because we're prosperous? >> i'm worried about the dollar. the dollar has to stay stable against gold, against the euro, against the fed. if the fed has anything to do with that, stablize the dollar against gold, $1200 an ounce f it does that the economy will

run like never before. charles: the rate hikes don't matter as long as they don't destablize the dollar, is that what you're saying. >> there is plenty of euro-dollar liquidity. stablize the dollar against classic measures like gold. everything will work out. charles: brian, thanks very much. great stuff. flooding is still is serious problem in the carolinas because of flooding. rick leventhal in wilmington where there are long lines for ice. rick? reporter: half of wilmington is still without power and they don't have refrigerators and freezers to keep things cold. the line is a little shorter at rose ice. i spoke to a guy with his ice. he was in line hour 1/2. yesterday he was in line 2 1/2 hours to get ice. there is ambulance here. elderly woman was dehydrated and fell so they had to call an ambulance for her, she was willing to risk health because

she needs ice like all others do, bringing coolers. a guy with a wheelbarrow. rolling suitcase, anything they can carry ice home in. they have shopping carts and dollies. come over this way, where gentlemen passing out ice. $4 for 20-pound bags. they have not raised prices. normally they would deliver the ice to convenience stores. most of the stores are closed. that is where they keep the bulge of it and keep distributing it as long as people need it. it's a dry day. it is sunny, there are still flood warnings in effect here in parts of new hanover county and across north carolina because rivers are continuing to rise. may not crest for a couple more days. the flood concerns remain for many portions of this state. people are still dying in the aftermath of florence. charles: rick, thank you very much be. really appreciate it. i want to stay on florence. as rick just alluded to, wilmington is virtually an island.

it is cut off from the rest of the state. there is no power. you see long lines for ice. i want to bring in a congressman whose district covers wilmington. congressman, overall how is your district doing? what's the latest? >> well over all the district is completely totally underwater for the most part. that's not an exaggeration. i have traveled courtesy of the coast guard all throughout the district, and a number of rescue and supply missions have been in place by more than 111 of those. obviously when you have flooding of this magnitude it just makes life very, very difficult. makes it difficult to get power on. makes it difficult to get supplies in to these communities. you have a lot of small towns which as well wilmington as well is basically roped off bit floodwaters. so it has made life very, very difficult. this is a recovery that will require a lot of patience, a lot

of community cooperation. i'm with brock long, the administrator of fema and the governor. we are all going to be there in wilmington later on this afternoon. i know the president obviously is heavily engaged, will be making trips to north carolina as well. here soon. so it is, i can't stress enough the fact that patience really is a virtue. it will be very much required during this recovery process. which quite frankly is going to be long and arduous. it is going to take a tremendous amount of effort and time to get power restored in all of these places. when you have a flood of this magnitude it just makes life that much more difficult and we're seeing remnants of that right now. charles: people are eager to get back home, see what the damage is, start to clean up. do you have an idea when perhaps it will be sort of an all clear to allow that to start

happening? >> they need to listen to the local officials. pay close attention to what they tell you. just because an evacuation order has been rescinded, it does not mean it is safe to come back home. in fact, if they have shelter, food and water, electricity where they're at, i would encourage them to stay put for at least a couple more days to allow the linemen and other crews out there to clean up the debris. i know we've got a tremendous amount of damage along i 40. i-40 may be out for some time. parts of i-40 looks like parts of cape fear river. i never seen flooding to this magnitude. i have nine counts in my congressional district and eight are disaster areas with significant flooding. charles: hold on, congressman. i want to bring in steve forbes. human cost, as we move on reality of economic costs as well. how do you see this playing out,

steve? >> i think it will be a quick recovery. resources is there. willingness is there. unlike say what happened in puerto rico, the carolinas have a very good electricity grid. so you don't have the disaster, won't have that kind of disaster, so the ingredients are. there it will have a short-term effect. i think it will come back quicker than a lot of experts believe. charles: steve, thanks. congressman, thank you very much. it is a trying time. appreciate you taking out the time with us. get back to the stocks. oracle reported numbers after the bell. missed on revenue. autozone on the other hand. top line missed. stock is down 3%. meanwhile senate approving legislation to combat the nations opioid passed in a senate bill passed 99-1. opioids and drugs being shipped into the country. the legislation adds to the house. up next, amy cramer, founder

of women for trump. her group she says was shadow-banned by twitter. what does she think about jack dorsey saying conservative employees don't feel safe expressing their opinions. >> talking about electric cars, we'll tell you what that is, next. ♪

♪ >> apple's smartwatches and ear buds will be exempt from president trump's latest round of tariffs. earlier on in the program legendary investor jim awad told us that he believes apple will still continue to grow through, those smaller competitors might feel some pain from the trade war. >> apple is so dominant what they do, so innovative, so creative, so financially powerful, so flexible in terms of their supply chain that this will not be an event. they will continue to grow and it will hurt weaker competitors but this is a football game. it's a lot of blocking and tackling. i think all said and done i agree with your point ultimately trump and united states comes out the winner. of course apple also. ♪

charles: now. mcdonald's workers in 10 cities plan a walk out to protest sexual harrassment. workers say they will highlight the struggle and call on the company to take action. the strike is expected to start within the next hour. twitter ceo jack dorsey says his company is so liberal that its conservative employees don't feel safe expressing their own opinions.

joining me, amy cramer, women for trump cofounder. amy, you yourself were shadow-banned from twitter not long ago. here is the thing, every time i bring it up to experts and other folks they sort of dismiss it out of hand. that it is not real. somehow and others like you were just imagining it. >> right. and, charles, it is very real and actually what is interesting is that it wasn't my personal account t was a women for trump account and two days before jack was to testify in front of congress all of sudden our numbers started growing, we started gaining more followers. it was over a holiday weekend, there wasn't any extra activity on the account. i guess they lifted the shadow ban. i'm not surprised by what jack has admitted about a hostile working environment. conservatives are afraid to express their views there. i mean i commend him for admitting it. the question is, what is he going to do about it, charles? that's the real question and i am not one that believes we need to go to start other platforms

to get our voice out. we need to stay on the same play ground in the town square otherwise we're singing to the choir. i don't plan on going anywhere, neither does women for trump. we will be heard one way or another. charles: what do you want to see them to do? what do you think is the right solution? >> i think he should meet with conservative leaders, maybe put an internal board or advisory board with some conservatives and independents and then progressives and let them deal with any complaints. other than that, you know, i don't know that there is an answer to this. i mean it has to be consumer driven and i think people would be pushing on him. the interesting thing is, these tech companies don't seem to respond to pressure from consumers. charles: tell you what. his stock took a huge r huge hit. so did facebooks. maybe they will. i know for a fact jack dorsey

met with dozens of conservative leaders. he may listen to you to do what you want but again it is good he has taken this action. it is good there is an admission. everyone is still waiting to see some action will be taken. meantime are you concerned about what the impact is between now and the midterm election? >> i am concerned but i'll tell you i'm not so concerned about social media. i'm more concerned about republicans getting out the vote. and being complacent. that is what i am really concerned about. we use social media, use every platform we can. but the bottom line i think this is the most consequential election of our lifetime. more so than 2016. if you like the tax cuts that president trump has given you, you like his negotiating on trade, all these things, then you need to get out and vote. if you vote for a democrat, might as well take a checkbook, write the check for 2500 bubs because you will give it back to pelosi and team. charles: amy,. >> great to see you, charles.

charles: what is your reaction to what you heard? you're involved in a major media company right now. you run one. >> i'm glad jack dorsey admitted and taking real action on it. the others are way, way behind. i am on the s-list with facebook. i have continuous problems with facebook. if you are right of center you're targeted about by these so-called algorithms t will be pressure and constant pressure. i'm astonished that these people, heads of major companies, don't realize if you don't reach out to everyone, you're going to get hurt. it is everyone will get hurt. charles: same form of arrogance. center left or someone big enough of consequence to testify before congress. >> they should take a cue from the old at&t when it was natural monopoly. they covered every base possible, every newspaper, every magazine, every "politico," they made sure they were covered

people were satisfied with service. these people should take a cue from the old at&t. charles: or they may end up like the old at&t. >> and get regulation like they got in the late 1800's. took decades to recover from that. charles: thanks a lot, steve. lawmakers in california pass as measure takes a big perk away of driver from electric cars. susan: a big sticker on zero or low emission cars, 200,000 of them, if you have had the sticker can go through the carpool lane. this program started in 2012 they're looking to take that away. starting on january 1st, drivers that receive white and green clean air stickers before 2017 you have to purchase a new vehicle in order to qualify. so that means, that carpool lanes could be a little bit less congested in the future. but of course, road rage, drivers are up in arms about this. charles: thank you very much. ibm, sued for age discrimination after thousands of older workers were laid off. we're on that story next with the judge. now we're getting word of more

legal troubles for elon musk involving the justice department. that's next. ♪ you're still here? we're voya! we stay with you to and through retirement. i get that voya is with me through retirement, i'm just surprised it means in my kitchen. so, that means no breakfast? voya. helping you to and through retirement.

charles: all right. check, check tesla. the stock getting hammered now on a report justice department launching a criminal probe into musk's statements about taking the company private. judge napolitano is here with that. it was up fractionally at the open. now we're down 5%. >> when this first happened we talked about the near certainty of an sec investigation because you can't make a statement like this and tell people, financing secured, and expect them to rely on it unless it's truthful. the criminal allegation would be this is some sort of an intention plot by him to affect the value of his stock. so they must have some evidence that somehow he gained by this or someone in collaboration with him gained by this. one thing to make a material misrepresentation. it is another thing to make a material misrepresentation in order to dupe people, they rely

on it, you benefit. that is called the crime of fraud. charles: what if his animosity to the shorts was so intense his goal was to lift the stock to make shares higher but didn't immediately benefit other than the shares he owned? >> close one. that is a close one. you engage in what is called preindictment advocacy. you're a white color criminal defense lawyers and economist or guy like charles payne would go to the federal prosecutors to explain why this really wasn't a crime. that is a close one. let's face it, he has caused a lot of people in the establishment a lot of animosity lately. he has really made himself a target. charles: and a lot of money. people were short on this stock, wall street from the 30s. >> yes. charles: when it went up on earnings report, it was biggest losing day in the history of the shorts. they are out there that may want to break him because he went overboard. >> intentional manipulation to

help him or hurt or thes would fit into the category of fraud, federal category of fraud. charles: ibm, judge, that judge is being sued for age discrimination. thousands of older employees were laid off at once. >> you can make out a prima facia case of age discrimination, you were fired, laid off, replaced by somebody significantly younger than you are. that makes out the prima facia case. that forces ibm to come back and justify each one of those dismissals and each one of those younger hires. not an easy thing to do, especially talking about thousands. so these lawyers -- they are having a filth, these lawyers may have a gold mine for legal fees here. what happens to the laid off ibm workers, it is going to be up to a federal judge. charles: good stuff, judge. thanks a lot. >> you're welcome. all happened in the past ten minutes. charles: i know. by the way i do want to let the audience know we reached out to ibm for a comment. we'll bring it to you as soon as

we get it. more "varney" after this. ♪ :

. >> let's check on tesla shares again, down 15 bucks, near the lows of the session. word that the d.o.j. launching a criminal probe that elon musk's statements about taking that company private. here's a guy who has tremendous animosity against the shorts, always has and anger jeopardized not only shareholders but himself. >> this is what happens when you shoot from the hip, and it's one thing if you're in a certain position, you might get away with that, but when you are under securities laws and everything else, got to be careful, and he wasn't. >> now securities regulators are looking into this and the

department of justice as well. >> we're near the high of the session. dow jones industrial average up 140 points, not what you thought at close when you heard about the tariffs. neil cavuto, it's all yours. neil: buddy, thank you very much. we're going to look into that and why the markets would be up on trade war that looks to be getting worse. a lot of this could have to do with the chinese response of the $60 billion of goods today it targeted, with 10% tariffs, not all. 10%. remember the original threat they would be 20% or more tariffs, so the markets are gleaning from, that first of all, it's not a larger number of goods. nothing greater than 60 billion. some thought it could go as high as 100 billion and others are interpreting the fact that tariffs roll out on the 10%. be that as it may, doesn't indicate we're closer to a deal. the administration continued to promise it will make good on threats of its own with tariffs now across some $200 billion worth of goods that could have a direct effect on you if this lingers