>> thank you, so long to marie, mike, the fabulous steve forbes and we hope flood rat is okay. stuart, take it away. stuart: good morning, flood rat, dagen and all. good morning, everyone. we're close to yet another record high for the dow industrials. it would be the umteenth record for the trump era. despite everything, toxic politics and all, we're in rally mode on wall street. the dow will open with a triple-digit gain. the old record high, 26,616, we're real close. strong growth, massive profits, that is fueling the good news for your 401(k). how about this for a booming economy? first time claims for unemployment benefits, that is the firing indicator at the lowest level since 1969.

look at amazon, stepping out in front of the crowd again. they may open to 3,000 cashierless stores. they experimented. it worked. you swipe your phone walking in the door, pick up when you walk out, the bill appears on your phone. to my knowledge, nobody is doing this yet. the kavanaugh mess. she has yet to accept the invitation to appear before the judiciary committee. she and her lawyers keep moving the goalpost, changing the rules as the process moves forward. the democrats are deliberately delaying his confirmation. as we said, despite it all, the market rallying again this thursday morning. "varney & company" is about to begin. ♪ >> we are specifically talking

about we will create, you know, supporting one million small business, especially in the midwest of america. small business on the platform selling products, agriculture products and american services to china and asia. stuart: remember when jack ma said that, that was january 2017. i understand, ashley he is backtracking? ashley: he is. that statement came after he met with then president-elect trump just before his inauguration back in january of 2017. he said one million jobs linked to merchants selling goods on the alibaba platform within five years. it was something the president touted of course. now he is backtracking. why? because he says the promise was made on the premise of friendly u.s.-china partnership and rational trade relations. he says that premise no longer exists today, so our promise cannot be fulfilled. many were skeptical saying that was a pretty lofty goal in the

first place. given him an out. nevertheless the relations between u.s. and china says, he says it's a real mess and could have decades-long impact. stuart: jack ma is in the middle of the trade fight with china. ashley: put himself in there. stuart: more with jack ma. he says this trade war with china could last for decades. decades, literally decades. joining us brian brenberg, business professor at kings college in manhattan. decades what do you say? >> if china wants it to last for decades, it could last decades. it is their policies at the root of this thing. i don't think president trump wants it to last for decades. he is upping upping the ante ifu want to get something done. stuart: jack ma says it will drag out for couple decades and very destruck tiff to both sides. >> i think china has much more to lose here. think how dependent the chinese economy is trade with u.s. an

investment from u.s. business. in the middle of this trade war china still has been courting u.s. businesses saying please come over, please invest. if their economy is going to evolve they need u.s. innovation. that is at the root of this thing, stuart. it was the theft of u.s. innovation is at the root of this. they can't stop that spigot flow now. stuart: got to bring this to your attention. first of all president trump tweeting about the economy first thing this morning. i have got it on your screens. financial jobs numbers are fantastic. plenty of new high-paying jobs available in the new vibrant economy. if you're not happy where you are, start looking. our economy is only getting better. vote in midterms. there was a nice rally on the market yesterday. looks like we'll go up again this morning. i have another indicator, brian, that is the first-time jobless benefits claims. that is the technical word for it. it is the firing indicator. it is at a low since 1969. >> the firing indicator is at a

low but job quitting indicator is at a high which is better news. people are excited about finding new jobs and getting higher wages. the stock market doesn't care about stuff at headline level. not because it cares about what is going on in the world. cares about the u.s. economy. cares about blue-collar jobs and unemployment and growth. there is a lot of good thing happening beneath the headlines. stuart: you agree with the president? this is rip-roaring economy and he did it? >> in middle america we care about what is going on in our pockets. this resonates. he is right about that. we miss it some time in the media. under the surface, good things happening, day-to-day main street stuff. people care about that. stuart: brian, get it straight, we in the media have not missed the trump growth agenda. >> you've been on it, stuart but you have got to admit this does not get the play it deserves. ashley: not all media. stuart: absolutely. >> doesn't get the play it

deserves. stuart: we have been out front. >> you have been but one of the few. stuart: all right. brenberg, you can come back. >> all right. stuart: "wall street journal" reports that republicans plan to push ahead on a kavanaugh confirmation. senate judiciary chair chuck grassily senator feinstein slamming her for the handling of accusations against him. judge napolitano is here. can you predict any endgame on the confirmation process? >> if dr. ford testifies and judge kavanaugh testifies, the impression, this isn't a jury, there are not rules who has to win the case, the impression is he more credible than she they will be voted out of the committee. that is a big if. there is problematic issue, should he go under oath deny what is essentially a newspaper article which is insufficient in

any court in the land to trigger a complaint against anybody. stuart: as i understand it though, if she does not wish to appear in any capacity in any forum on monday, then mr. grassley would just go forward and have a confirmation vote -- he will have a vote in the committee, to vote it out of the committee pronto. >> except that he is confronted with a white house and a nominee who wants to try to remove the taint from his skin. stuart, this is the problem with these kind of allegations. unless he wins this on the merits, unless both sides testify and the consensus among senators and americans at 5:00 monday afternoon is, this is nonsense. this never happened, he will have to taint on his skin for the rest of his career. justice thomas has been on the court for 27 years and this taint still keeps coming back. stuart: i have a real problem with this, judge. >> i agree with you. stuart: judge thomas and justice

kavanaugh will sit on the court on this cloud that will go on forever. where do you get your reputation can't you? can't. you can't. that is not what our country is all about. >> when anita hill made her allegations about then judge thomas, the chair of the senate judiciary committee dispatched to the fbi to interrogate her. then the senators used the fbi notes as, material with which to cross-examination her. the version she pave the public and cameras was different than the version she gave to the the fbi. the late arlen specter conducted a deep cross-examination of professor hill. so the fbi notes, were they to happen, were dr. ford to speak to the fbi, might actually help the senate get to the bottom of this. stuart: almost dropped your phone. >> yes. stuart: that's okay. you can get carried away anytime you like, lad. see you again in the 11:00 hour. >> yes of course. stuart: i say vote, vote soon and let the chips lie where they

fall. >> appears to prevailing view of committee. maybe they subpoena here. she went to a newspaper about it, not the senate. >> how would it look like gop, white males, many of them subpoenaing her. >> ganging up on a female technically a victim of sexual assault politically looks very bad. stuart: thank you, judge. amazon considering a plan to open up to 3,000 cashierless stores by 20212. brenberg i will still with us. i call that real innovation. >> i don't think they get 3,000 by 2021 the plans are not quite laid for that. this will first other retailers to get on board. walmart got hit in the stock market on the news. watch target hit in the stock market on that news. they will have to bounce back to find a way to do it themselves. stuart: i like the idea, walking in, scanning your phone, get your stuff, walk out.

>> you want know human interaction. stuart: that is precisely right. >> if you could have robots -- stuart: that's it in a nutshell. ashley: look at me. don't talk to me. stuart: are you done? ashley: sorry, too easy. stuart: check futures, you like what you're going to see. i is is thursday morn i do declare. we're up triple digits. look at that. the old high for the dow industrials is 26,616. if we get there, we got a new record high. now look at this, i will show you a stock chart for tilray, a canadian marijuana grower. huge pop yesterday. the stock came all the way back down again. it will be up a bit today when the market opens. this thing is on a tear. here is the question. is it time to get serious about investing in pot? we're asking our market watchers that very question. breaking news this morning, north korea leader kim jong-un wants another summit with president trump. we're on it.

more "varney" after this. battered, but never broken, it stands for the resilience within us all. ♪

stuart: take a look at futures. we have comcast and fox going to settle their 35 billion-dollar takeover battle for sky in a weekend auction. that is kind of unusual, isn't it, susan? susan: definitely is. three round of bidding between fox and disney versus comcast and brian roberts. they're pitting this billionaire versus billionaire. if you look at sky, we're trading higher. last bid at fox, 14 pounds a share. comcast put a higher bid of 14.75-pound as share. that values sky at close to $34 billion. some say we go much higher above that. very reminiscent what happened

in 1988, barbarians at the gate. rjr and nabisco. stuart: how much is that in dollars. susan: 35 billion in u.s. dollars. currently. stuart: it will be settled this weekend done and saturday it is gone? susan: 21 months. stuart: dallas mavericks, owner mark cuban have been sanctioned by the nba. is this something to do with harrassment? ashley: sexual harrassment of the front office of the dallas mavericks. mark cuban is the owner. he is not being accused of any wrongdoing. as overall supervisor. he let things go. i should have fired people on the spot. he is paying $10 million to women's leadership and domestic violence organizations. the mavericks have to file quarterly reports to show progress they're making and take work place training cuban himself will undergo. stuart: got it.

thank you ash. kim jong-un wants another summit with president trump. this is to speed up denuclearization. james carafano with the heritage foundation is here. seems like the north and south are moving toward reunification, i'm not sure something america wants and certainly not something that china wants. where are we going here? >> i don't think they're going towards reunification. you have three very distinct views here. the north koreans have view of denuclearization, we're pakistan, we keep our nuclear weapons and we promise not to hurt people. that is their definition. south koreans want tit-for-tat. go, see how far we get. the u.s. position was, nothing, you don't get any good deals until you completely denuclearization. these are like three cars headed to an intersection we have to see what happens. but i wouldn't bet on a u.s. summit making -- this president

has had a number of summits. summits are not necessarily where things happen for him. stuart: what about american troops? we've had a continuing except in south korea for decades. are they, are they, sort of a bargaining chip to be gotten rid of or to stay? >> yeah, i don't think so. i think we're a long way from that but, that's why many are concerned about, there is a discussion, well, let's just sign a peace treaty, because if the u.s. signed a peace treaty, the u.n. operation officially comes to an end that creates a mess what happens in the future. the peace treaty is like apple pie, something you get after the meal is over. it is not something you get before you eat your veggies. stuart: you sound a little skeptical that we're making that much progress with negotiations with the north. what say you? >> you know i simply don't know. we know that actually the north koreans have a different definition of denuclearization

than the united states. does that mean if the president held firm on his position, and the north koreans and south koreans bumped up against that wall, that they wouldn't start to negotiate our way? i don't know. i'm not saying that nothing is going to happen. i'm not saying that the president is going to get played, that the north koreans are going to win. i'm not saying that we're not going back to yelling at each other. i'm saying we're coming to an inflection point and we all can't go through the intersection at the same time. somebody here will have to blink. i think we'll see that the next couple months. stuart: james, thanks for joining us. we'll check in with you again. that's a fact. why don't we look at futures, after looking at triple-digit gain might as well look at it frequently. up 130 for the dow industrials. pretty close for the all-time high. president trump and commander of the aren't corps of engineers visiting flood-ravaged north carolina. we'll get an update from that

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i like that. you may need glasses though. yeah. schedule a complimentary goal planning session today with td ameritrade. stuart: to north carolina, joining us now general todd semonite with the army corps of engineers. general, great to have you back joining us on the phone. could you give us -- i'm sorry. you're on camera. i put you on the phone. great to see you, sir. can we get a progress report?

are the waters receding? are you still in rescue mode? >> stuart, last time i talked to you we were really worried about five different basins through about seven states. the waters are receding in the vast majority and the three big basins we're worried about, cape fear and the neuse, these will taylor over next couple days. the very specific problem we're having right now in conway. it is a river called the wacama. let me give you context. before the storm it was four feet. a couple days ago it went to 16 feet. it actually went down. that might have given people impression waters are receding. it is back up to 15 feet. it will go to 18 feet by saturday. we still think it will not crest until tuesday. we have to be cautious in local areas. there is still risk out there. stuart: you were with the president when he toured

affected areas. how was the president received? >> there the president was well-received. a lot of people foal better, when they see the state and local leaders. we work for fema. fema is on the ground. a lot of boots on the ground. the president was very willing to listen to everybody. you probably saw in the hangar, a lot of local people. he went around the table for 45 minutes. asked all elected officials, senators, representatives what are your concerns, what can we do. both across the entire spectrum to help out. where is dod? what is the corps doing. very receptive to the comments. stuart: i believe he said several times he is bringing money with him, lots of money and prepared to supply it and spend itown well? >> of course it did. this is something congress will have to decide later on. we have to see where congress really stepped up after the last big four storms. 80 billion-dollar supplemental

to build resiliency back into these systems. that is what the president was alluding to. stuart: i suspect the president will be judged on the performance of authorities in north carolina and south carolina. and your performance is probably a shining example of success. general, great to have you with us. we hope you come back soon. >> stuart, we're very small part of a great big federal team. stuart: yeah, but you're a good part. general, thanks for joining us. we appreciate it. see you soon. back to the market, why not? we'll only up 128. ashley: only? that's okay. stuart: but we will take it. we'll take to you wall street. the opening bell. records may be coming. ♪ we're in memphis, tennessee, a city with one of the highest increases of women-owned businesses in the u.s. it's really this constant juxtaposition

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♪ stuart: this may be an historic day on wall street. why? why am i saying that? the dow closed yesterday at 26,405. that is about, 210 points away from its all-time record high. one good rally today, and you've got a new high. as i said at the opening of the show, this would be the umteenth record high of the trump era. i'm sure somebody has a number somewhere how many highs we reached since november of 2016. ashley: 54.

stuart: make it up. it is the umteenth record if we get there today. we're literally 200 points away. 10 seconds to go. [opening bell rings] the futures market tells us up we're about 130, 140 right from the get-go. here is the get-go, 9:30 eastern time, we're off and running and where are we? up 120 right in the first send seconds. 146 we're up. 148, 149. rain, we're going up, that is a half percentage point gain. 154 points higher, 26,555. half percentage point gain for the dow. s&p 500, how about that? another rally there? yes. up half a percentage point. 13 points, 14 points higher. nasdaq composite where's that at the opening bell? it is up 49 points, nearly 2/3 of 1% right at 8,000 on the nasdaq index. ashley: we used to go into a

tizzy when the 10-year treasury went up over 3%. went over that yesterday. no impact at all. susan: financial stocks. stuart: nasdaq 8,000. we got there. after for mentioned ashley webster, susan li both with us this morning and scott martin and david dietze. forget political turmoil. forget the toxic politics of d.c., scott, i put it to you. this market just wants to go up. am i right? >> i'm down with that to put it in the words the kids use these days. i want to get to every viewer today, this is important. what is certain to happen, stuart, the market is looking forward. i get it. there is a lot of talk with trade talks. there is a little noise as you mentioned about rising interest rates an inflation. the fed will hike rates couple more times this year. corporate earnings are very strong. there will be a resolution,

virginia, on trade talks with canada and china that is the kind of thing market is looking forward to, not backwards. stuart: the dow is up 200 points. 26,604. we're about a dozen points. ashley: there you go. stuart: we just got an intraday high of 26,617. we just hit that. 26,617. we just hit that mark. the previous closing high was 26,616. let's not get technical here. this is rip-roaring rally. david dietze, the market just wants to go up. >> what i like it is broadening out. dow has not hit a new high since january. the dow is ready to hit a new high. not just about bitcoins and social media. actually the industrials and so forth, consumer staples, they are participating. people are ignoring the so-called trade skirmishes. yes, jamie dimon, thank you. focusing on those fundamentals. ashley: yeah. stuart: we're up 23points.

26,640. right from the opening bell which is only three minutes ago, we jumped up well over 200 points, new record high for the dow industrials. let me talk to you about amazon. as we have said, they are considering opening up to 3,000 cashierless stores by 20 defend one. seems to -- 2021. this seems like a game-changer from the company that is the ultimate game-changer. what do you say. >> amazon is king, changing the game, aren't they? they can pretty much do whatever they want. i'm guessing this will be successful. that's why we own amazon for ourselves and our clients. they opened one downtown in chicago which i plan to go into by the end. week, if you look what they're doing in their stores, even all the way back, ancient history the amazon bookstore experience, these things worked because they change the game, they innovate and appeal to consumers, why people are shopping at cabless

stores. stuart: we're up 206 points. 26,600. new record highs for the dow and by the way for the s&p 500. so it is a broad-based rally big time. the big pop, there was a big pop yesterday for the canadian marijuana grower named tilray. it plans to import cannabis here for clinical trials. so, david, this thing is up and down. it is up today $28 higher. >> another 12%. stuart: did you tell me -- ashley: ipod two months ago at $17. stuart: a pot stock. >> steer clear, investors out there. i'm not, be obviously there will ultimately be a role for cannabis and marijuana in the economy, valuations are completely divorced from any kind of reality. yesterday in terms of tilray, more trading volume than actual float. which means the average stock is not being held for a day. that is speculation.

stuart: susan: only 21 million shares. 30 million changed hands. 20% of the stock is being shorted. highly speculative. these companies don't make money at this point. you talk about pe you can't go there, astronomical. highly speculative. >> got halted five times in an hour because of high volatility. could be headed same direction. stuart: it's a traders stock. that is what it is. is peter thiel involved. susan: he is in a venture backed fund made a lot of money off kill ray. aurora might signed a deal with coca-cola. stuart: what did you say, stock. >> kronos is another one. i have to disagree with david, i forgot what we were talking about talking about marijuana. i adisagree the cannabis industry is getting sea legs. some regulation appealing to cannabis company. a lot are still in the canada. but they're coming into the united states. this industry is one to watch.

>> in 1999 people said same thing about internets. nasdaq took 15 years. >> still around. >> still around but investors lost a lot of money. stuart: check the big board. check it constantly because we're in record territory. the dow is up 230 points. 26,635 where we are. stocks in the news. comcast and fox settle or will settle their 35 billion-dollar takeover battle for sky. there will be a rare weaken auction. that will settle it. rosy out look from the parent company of olive garden. that parent company is darden restaurants. there is dispute about olive garden and its italian ethnicity. ashley: real italian food, stuart. i say that for justin. stuart: darden restaurants is up three bucks at 121. just trying to get the producer -- >> i am. stuart: under armour, will cut 400 jobs. 3% of global workforce. cutting cost as it feels heat from nike and adidas.

the stock is up 3%. tesla, national highway safety traffic administration gave the model 3 a five-star safety rating in every category. who cares about musk and pot? he is a at 300 bucks a share right there. facebook building a war room to battle election meddling. a little late, david? >> this is a total no-win situation, even if they're successful clearing a lot of posts away, people on the left saying they're trashing their posts. people on the right saying same thing. this is why facebook is down 8% so far this year. stuart: but it's a modest bounce to 165 this morning. got it. how about this one? delta following jetblue and united's lead. increasing price or fee, rather, for their first checked bag to $30. one checked bag, 30 bucks please. ashley: yeah. susan: following jetblue and united. tough business talking about

airlines. talking to ashley. how many investors made money in airlines over the years? razor thin margins. stuart: they're doing this, bag fees because they can. susan: jet fuel raised over 100%. if you're paying more more moner jet fuel you have to find it somewhere else. stuart: if they didn't have fuel planes. susan: charging more for seats. whether on the aisle. stuart: i'm making sure i'm on a diet. >> all eyes on american airlines, will they follow suit. people say $5, 4.7 billion american makes on ancillary fees. five bucks makes a lot of difficult recognize. stuart: show me nike's stock. nike said it sold out of merchandise since that colin kaepernick ad. the stock has gone up to $85 a share. hey, scott, love it or hate it, doesn't matter.

nike identified their key audience, sold to it and did well with that ad. what do you say? >> yeah. i think hate it or like it they got some pr maybe got people thinking about, you know, maybe i should look at some new shoes. maybe they bought nikes because they believed in the ad. we bought nike, it was on a roll prior to this political statement, clients calling me, if they do this again we want to sell it. we haven't yet. this is something to keep an eye on because it they're walking a pretty thin line here. stuart: people wanted to sell because they wept political with kaepernick. ashley: senior editor charlie brady who keeps track of these things, since election day if the dow finishes above 26,616, it will be the 100th record close since election day. 100. stuart: really. you guessed at 74. ashley: not that far out. 100.

charlie brady. 26,616. isn't that incredittable? stuart: there you have it, 9:40 eastern time thank you very much even time to david and scott. a record high for the dow. thank you. here is the record high. now we're up 240 points. 26,647. we're up .92%. this is a very solid rally. the president is tweeting about the market. quote, s&p 500, its all-time high. congratulations usa. okay? get it all in there. the trade war with china, will it be worse for us or worse for them? we'll talk to the former deputy direct are to have the commerce department about that. apple wants to use data from your private phone calls and emails to combat fraud. how do you feel about that? more "varney" after this. ♪

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stuart: got to keep checking the market because we keep hitting record highs. we're at a record high. up .85%. a big gain today. google and t-mobile are trying to make it easier for first-responders to call you find you if you call 911 on your phones. >> that is big issue last couple years, especially lately. 80% of 911 calls come from cell phones. google has a deal from t-mobile, transmit data location from android phones to 911 emergency call centers to find out exactly where you are. you can do that on landline phones to get exact location. cell phones are estimated location. this will get you more exact. u.s. has had to play catch-up. google has location tracking

software in place in 14 different countries around the world. now the u.s. is catching up. look for more deals like this. interesting move. stuart: it is indeed. thanks, connell. apple will start using your phone calls and your email date to combat fraud. tell me about that. susan: apple will have devices with trust scores and phone calls and email metadata. to unsure your phone is not stolen and people are not hacking into your apple services account and buying up services you are not actually purchasing. they say they actually don't store some of this information or the content of the communication used but of course, when it comes to this era of data privacy, how much of that do you actually trust? ashley: what privacy? stuart: what privacy? got any left? not so sure. thank you, susan. in the trade war with china, here's the question, who suffers the most? chris garcia is with us, former deputy director at the commerce department. all right, chris, seems to me at the moment china is hurting more

than america. their economy is slowing down. their market is really down. ours is not. how about going into the future, who suffers the most? >> stuart, we have the upper hand. frankly the united states is negotiating with the position of power because president trump has come into office with a right strategy, number one. he came in to say i will deregulate, i will open up job creation, make sure businesses have more money to grow and expand. that was the strategy to begin with. let's put ourselves in position of strength. we can go back to the table with china say, we mean business. talk about china. to think anyone would deny china has engaged in lying sheeting, stealing since they have joined the world trade organization in 2001 is unconscionable. president trump is doing the exact opposite what past leaders have done, perhaps as they say, tucked their tails between their legs and went home because they were afraid of poking the china bear but this is why we have the upper hand. we're in a position of strength, they're in a position of

weakness. stuart: the new york times, suggests, this trade fight, call it what you like a new economic cold war. that it could drag on for a long time. what do you say? >> well i think that is just not right at all. in fact i think it was jack ma said this could perhaps take 20 years. i don't think this will go anywhere near that long. the risk china runs is frankly hurting their consumer base much more than they would hurt ours. we have seen 23% or so of our consumers, mom-and-pop retailers in the stock market. i don't know that this will expand and extend that long. stuart: we're asking for some, a fundamental change in china's policy. we're asking them to stop stealing our intellectual property, and stopping forcibly taking our technology. it is very difficult to get them to agree with that, without them losing face. >> true. it is very important we give them some type of victory back

if you will, to take back to their people. president reagan had a great philosophy for negotiating. i think president trump is employing that. number one, you negotiate in good faith. you show respect to the other side. maybe sure you know you respect them. also you have to give them something to take back to their constituents. if you look at president trump, if you look at his statement released a few days ago he says he does have significant respect and admiration for president xi. hopes they come to amicable solution. this is the federal government's job. president trump is doing it in a position of strength. if not, when else will we do this? stuart: chris, you don't expect any kind of breakthrough agreement before november, do you? likely to drag on after that, isn't it? >> it is very likely. why it so important to have all americans get behind president trump. if we continue to undermine president trump in his initiative to get china to play fair, only shows china we're weak and fractured as a nation. we have to get behind the

president in getting china back to this, more fair trading agreements because we have the moral high ground. we can't deny, nobody can deny china has lied, cheated and stolen since they joined the wto we have to bring them back to the table. have to get them book to the table. more fair deal. as you say you have done a great job informing your viewers about the facts of the matter. this is exactly what we're doing. stuart: chris garcia, thanks for joining us, sir. whatever is going on with the china trade deal is not affecting the market this morning. look at this, dow industrials are up 200 points. we're at 26,612, right at the old record high. 26,616. right at the old record the we're higher than that earlier today. only 47 days until the midterms, what looks like a plan to stop nancy pelosi from becoming speaker, it is emerging in the house. details about a secret petition calling for a change in the party rules. how about that? more "varney" after this.

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find your certified financial planner™ professional i'm 85 years old in a job where. i have to wear a giant hot dog suit. what? where's that coming from? i don't know. i started my 401k early, i diversified... i'm not a big spender. sounds like you're doing a lot. but i still feel like i'm not gonna have enough for retirement.

like there's something else i should be doing. with the right conversation, you might find you're doing okay. so, no hot dog suit? not unless you want to. no. schedule a complimentary goal planning session today with td ameritrade®. stuart: we're glad you're watching because you watched a little history made this morning. fresh all-time highs for the dow jones industrial average and for the s&p 500. you know, ashley, susan, it looks like i'm going to say it again, the market doesn't care

about toxic politics. it just cares about the economy and profits, up we go. ashley: it has been this way for some time. there is always the dark clouds out there, but all the money is pouring into wall street. there is no doubt about it. there have been comments, jamie dimon, saying recently, forget about the worries of the emerging markets. you put turkey and argentina aside, global economy and emerging markets are all doing very well. we know what the u.s. economy is doing, money continues to pour in. interesting the 10-year yield is up to 3%. someone said on our air the other day, once it gets to 4 to 5%, it's a challenge for equities. 3%. no big deal. susan: jamie dimon said 5%. i like rotation in stocks. money is taken out of technologies shares, going to utilities and telecoms. stuart: high dividend yielding stocks. i notice that. we do have a rebel group of democrats in the house pushing a

secret petition to change the party rules when it comes to electing a new speaker. what looks like a secret plan to end the rule of nancy pelosi. brad blakeman should have a smile on his face. he is former deputy assistant of bush 43. this is after the november elections, if the democrats retake the house, then there is this secret cabal which will not have nancy pelosi as the speaker. you think that is going to work? >> i don't know whether the rules change will work but i think that there is trouble on the horizon for nancy pelosi if democrats win. pelosi clearly loses. she can't hold on to the speakership again and here's why. it is not the same party it was when she was the speaker. it is a party of has-beens, steny hoyer, crowley, who was taken out by a socialist democrat in a primary and nancy pelosi and a whole slew of others. on the other side of the coin, self-professed socialist democrats. democrats have an identity

crisis. the fighting that is going to occur will be epic. if they were to take back the house, because, the rule change, assuming it did go through would mean they needed 218 democrats to agree on a speaker, instead of current rules, simple majority. that is hard to get. stuart: you're happy, because nancy pelosi -- >> i'm ecstatic. stuart: you're ecstatic because nancy pelosi will still be your target are to the next 47 days leading up to the november elections and that is what you want. >> you bet. you know why? she is running for speaker. she is running around the country saying we need the majority back so i can return to the speakership. this is what republicans want to see. they want to see dysfunction in the democratic party. we want to see a lack of leadership. because that shows the deep divide within the democrats and change coming if they were to take back the house. stuart: one last question, i have only got 30 seconds left, handicap it for me, do you think the democrats are likely to retake the house?

>> i think right now it is 50/50. history is against us but the good thing we have with us is record. the economy is doing well, as you stated. but we're also doing well on many other fronts, trade, foreign relations. we're looking good. so i'm confident that at least we will defy history because trump has done everything but defy history since he has been president. stuart: got it. brad blakeman, as always thanks for joining us. we appreciate it. good luck. dow industrials up over 200 points, new record highs, how about that? supreme court nominee brett kavanaugh defending his name after acueizations of sexual assault his accuser refuses to testify. what should congress do? my take on that next.

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stuart: now 25, 30 seconds away from getting important numbers on the real estate market that will be existing home sales. at 10:00 precisely we get those numbers and we'll bring them to

you. right now we've got another record setting session for the dow industrials. and for the s&p 500, we're up 200 points on the the dow. putting us at 26,600. if we close above 26,616 if we close above that level today, it will be the 100th record high for the dow industrials since president trump was elected in november of 2016. got the number, existing home sales, suzanne. >> 5.34 million is existing annual rate so for the month of august, now they have been down for past four months or so. that's longest losing streak to month of august unchanged now but stabilizing at this month for housing market and existing home sales represent 90% of home sales in the u.s. so it is a big, big deal. and medium home prices up 4.6% believe it or not so 264,000, 800 dollars up from a year ago

in 2017. so again this goes to show that there are a shortage of homes and that is pushing up prices for the medium home price in the u.s. >> now tell me about a mortgage rate. >> suzanne point not only price is going up but more expensive for your mortgage rate 4.65% that's up from 4.6 that has been a steady rise. it's a challenge for perspective buyers as these prices go up. we can't say that purchase applications have risen for five straight week that's a good sign but it is getting to become more of a challenge especially for first time home buyers as rates goes up monthly mortgage gets more expensive. pretty good for a 30-year fix we say that every week but so good historically it aingt so bad. stuart: after release of that rails number, the housing meter where's the market? still profelling higher. now we're up 221 points and the

also hitting all-time high right after the opening bell this morning. and nasdaq composite it hit 8,000 again. profits and the economy fueling this market rally. now this -- it's called moving goal post challenging rules that cavanaugh nomination goes forward changing rules to ensure endless delay. dr. christine ford's lawyer over the weekend assured the world that the accuser would appear before the senate judiciary committee to answer questions and detail her allegations. then she shared she would not appear but she would appear but not until the fbi completed an investigation. committee chair chuck grassley bent over backwards to offer her privacy and/or a q and a session in california. as of now, dr. ford has not agreed to appear in any format. let's not forget that her charges were first brought to senator dianne feinstein in july.

they didn't see light of day until formal questions of judge kavanaugh was over and senator feinstein never mentioned them during her private meetings with the judge over the summer. that was deliberate delay. timed to ensure maximum disruption and constitutional process ising being gained. and all because the left is desperate for avoid another conservative on the supreme court. the democrats plan to delay kavanaugh confirmation until after the the november elections, when they hope to change the balance of power in the senate and then delay until after the the 2020 election. when they hope to replace president trump. i say enough. schedule a vote. and let the chips lie where they fall. let's see where republicans senators flake and caucus stand. let's see where republicans senators and collins stand, and let's see where those red state democrats stand as well.

take the confirmation vote on schedule and put this well qualified judge on the supreme court where he belongs that's my opinion. the second hour of "varney & company" is about to begin. ♪ >> more about my editorial there i'm saying that democrats strategy is to delay quite intentionally delay brett kavanaugh confirmation. i want to show you a tweet from next guest about what we're calling kavanaugh chaos here it is. my biggest concern with the me too movement is that we have overcorrected as a society. and a man is guilty until profnt innocent there's no due process or fair hearing in the court of public opinion for the accused. making it almost impossible as someone to clear their name. person who wrote that tweet is lisa fox news contradict tore

with us now. a lot of slack for that didn't you? >> i did but i also got positive comments as with and more people than not agreeing with that stance and having concern if they have a son if they have a husband, of the men in their lives that they love, possibly being on fairly aligned i think the the problem of me too movement as i mentioned in my tweet me too movement was important questioning fact that women far too like they would not be met, you know, fairly they would not be examined they would not be investigated. so it served a purpose but i think the problem is we way overcorrected as a society and now if a man is indicted in allegation almost impossible to clear their name look at judge kavanaugh for instance he won't get a fair hearing or public opinion an you look at allegations they're from 36 years ago. she wreb where, when how she got or home yet we're being told because of a me too movement that we're automatically

supposed to believe her smoas central claim simply because of her gender. >> gillibrand democrat in new york said yes she should be given the benefit of the doubt. ping hillary clinton said something rather similar to that. give the woman the benefit of the doubt. but does that leave kavanaugh? >> hillary clinton believes that until someone her staff accused of doing stuff and took the guy side instead of a woman and hypocrite when it comes to point but examine the facts and sad thing is that allegations are are for 36 years ago and so many holes there's also been inconsistencies with what she said both with therapist had notes that state that there were four men involved when said it was a mistake also had her attorney introduced a woman into the equation that was not into the account that ford gave "the washington post." so there have been inking the cities here as well. as well as holes. so the point being is we should not automatically believe the

veracity of her account. his life and future should be in consideration he's a husband, and he's a father do you not think his little girls are going to look at him differently because of the way he's being projected in the media right now? >> absolutely. i agree entirely. what about my premise here -- that they strategy of the democrats is to delay until after the november elections when they hope to change the balance of power in the senate an the house. and then delay until after 2020 when they hope to -- replace president trump. that's their strategy. >> 100% stuart i mean democrats before president trump named judge kavanaugh as his nominee were already against whoever president trump was going chose they cam out against him before he was named. kirsten say that women will die in judge kavanaugh is confirmed looking for any avenue to rerail his kifnlings now weaponnizing these allegations from 36 years ago to try to do just that. >> let me talk to you about dnc

co-chair keith ellison and his ex-girlfriend, she claims he abused her. the ex-girlfriend says that democrats are completely ignoring her sets up argument is this a double standard? >> of course it is a double starngd and this absolutely highlights the the hypocrisy of the left and media and way they cover things. i as no different than exteption of the democrat party but i will say also in this instance in fairness, i would implore this woman to take this information to law enforcement. i believe the allegations from 2017 my understanding she's said there's video evidence to bring that to law enforcement to bring hmm to justice. also another rout that she could take is bring this forward in congress to the ethics committee having them investigate and do due diligence so she considering from 2017 she has avenues in front of her and i also prepght another point of hypocrisy with the left cory booker in his college --

column said that he groped a woman when she was 15. when i think he was of similar age who was drunk and talked about that incident. so if we're taking these allegations from that many years ago as disqualifying, then to the left seem stance he wouldn't be able to run for president in 2020. >> that's news to me i have not heard this. cory booker. reported it when cory booker was running for office i think -- for, you know, when he had first ran for the senate it is in his college newspaper he wrote it himself talking about trials and friblation of, you know, basically coming to as a man things that he's learned along the way and he wrote about the distinct and he said she was a a friend and drubbing and talked about the incident. written it be and he wrote in his own words. >> he had a spartacus moment but point being is plenty of hypocrisy but we need to look at the facts to get these things right baa it is man's life that hangs in the balance as well. >> thank you stuart i appreciate it. >> we appreciate it. thank you.

check the big board still in -- still? record territory at least we have been. we're up 200 points that's three quarters of one percent that is a rally. look at the big text, they're all up this morning. not much. but they're ul up i have facebook up $3. i have amazon up $15. apple is up $3. alphabet $11. almost 2 higher on microsoft big techs are part of this rally by the way amazon is considering opening up to 3,000 of cashierless stores by 2021. how about tesla good news today. it is model three got a five-star safety rating from the nhtsa now stock is above 300 a share. [laughter] no comment. >> test on this one. parent company of olive garden record high, and it raised its outlook that's always good for the stock. 118 dollars a share on darden

don't forget oil, president trump demanding opec get prices down for the price of oil is up at 71 dollars a barrel as iran faces oil exfort sanctions. general electric and talk much about them recently a blade problem in a new turbine model. the stock is down 12 dollars share 44 cents lower. we have a big hour coming up for you. remember this -- the flooding in newburn, north carolina when hurricane florence hit, residents pretty much immediately told to move up to their second story or the attic 400 people had to be rescued. president trump went to newburn yesterday we're going to speak to the mayor of that town, next. an pharmaceutical giant abvi got it. accused of bribing doctors to prescribe. despite deadly cases with it best selling drugs hume areira e have it.

they asked student about what they thought about barack obama taking credit for the economy. they actually disagreed i'll be shocked as you are. [laughter] you're going to see it. we'll show it to you guaranteed this is the second hour of "varney & company." ♪

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all right we keep checking big board because we keep hitting new highs, right now we're up 200 points on the dow. 26,608. under armour raising profit outlook to cut about 400 jobs that's roughly 3% of its worldwide work force. the stock is up, 4.5%. flood water continues plague parts of north carolina after florence griff is with.

give us a progress report. has the water receded? >> just a tiny bit stuart, the the sun is out people in fayetteville want to get back to work but flood waters are still making problems let me just let you look this is the the cape fear river that cause so much of the flooding in damage. it cress record 70-year record of 61.5 feet. and they were just out here on the bridge an hour ago. and they measured it's at 59.89. so barely a foot and a half receding with drone footage we can probably show you too shot by the fayetteville city council, councilman jim put a drone out here yesterday, an you just see the wide spread dj that is caused so many businesses, so many homes to go underwater. we're actually hearing that the governor may come here and assess some of that damage sadly, of course, one of the 37 deaths attributed to storm here in fayetteville. but let me just show you a little bit arranged which

because of the sun so bright, we're going try to push in it a dark area you can see how this river which by the way flood stages 35 feet. so it is more than 30 feet over its floods and has really pushed in and still blocking this side access road it is just unbelievable you know i talked to the -- the mayor yesterday a little bit stuart, and you said listen, i'm not sure if it is going to be months or days or months or years, really before fayetteville and some of the businesses can get become on their feet and appreciated the president's visit. to other areas he appreciated president and administration commitment to get resources and money down to the the local level, and he hopes president will keep that promise. stuart. >> you don't recover from a flooded house very quickly that's a fact. thank you very much, sir. president trump was in gnu born, north carolina, he was handing out food to storm victims yesterday. joining us on phone now is city mayor dana outlaw. dana first of all, a status

report. newburn was the first city that we heard about when florence hit how are you doing now? >> status is we're altogether enough of this condition down here, he took out of his -- schedule some here. he uplifted newburn every person in the county. and on the way help is on the way. resources are here and if it doesn't happen as i saw personally start to three homeowners he's going to make it happen. >>what's the status report whene showed newburn last week when florence first hit there was dreadful flooding water rushed into the emergency center, and you trying to rescue couple of hundred people has water receded in newburn? >> it has. but there's a twofold message. it is devastating but i've never seen hope and fate and strength that i see in newburn -- as we continue to evalwit our

situation, and clean out our duct work and pump and refrigerators put them on the street what looked like a 6 million cleanup is probably a 200 million county cleanup we know right now we're 58 million dollars in home losses just in newburn alone, and newburn is compromised of river being trengt wood james city, and bridge and other areas about 50,000. so 22 million dollars in the city in commercial losses. 58 million in residential losses a we're still counting. >> now, sir, if you are subject to flooding, should you rebuild? >> that is a individual decision one would make our areas down on water front that get weigh velocity off the river where we do not have as much that's another consideration. everybody need to individually

mitigate their situation meet with a register surveyor or engineer and decide what they want to do. >> dana outlaw mayor of newburn, north carolina, i know you're very busy but we appreciate you taking time out to be with us today. >> we thank you for -- it thank you. >> sure thing. stuart: we were covering the hurricane as best we could and newburn was the first place that we knew about that had gotten chronically hit. it really was. great to have the mayor on the show this morning. connecticut -- oh, dire financial straights in the next hour we're going to talk to bob a businessman running to be the governor of that state. i want to know how he's going to fix their debt crisis because they've got one. and nike knew their audience selling out to merchandise after their ad starring colin kaepernick we're on that story too. cal: we saved our money and now, we get to spend it - our way.

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fitbit you know they're a wearable company you know the wristbands here they're expanding their partnership with the health insurer humana got a partnership to panned it to allow poem to track their activity get feedback from coaches. market opportunity think much it have down four corrects at 6.07 a share. try this one big pop that was yesterday -- went straight up straight back down again, they plan to inport cannabis into america for clinical trials up this morning that's -- extraordinary chart -- you think it is time to take sees look at manner? >> role of marijuana whatever

shape is around but i think at this space, david dietz said in previous hour it is like cryptocurrency a wild, wild west, and that what happened to that stock yesterday, i mean, this ipo at 17 a share. yesterday at one point it shot up $300 back down to negative, trading in it stock haltedded five times in course of one hour. susan pointed out 20% of the stock was shorting so they were coming in to cover it as a price was going up to cover their positions. for the average investor i say do you want to be involved in that? the stock and there's a lot of options, options actions, you know, 30 million share change hands and 21 million available on the market so you see there's a lot of highly speculative moves taking place but you know i would say that there's a future for marijuana. cannabis partnering up for

psychoactive to pain relief but you don't get high so there's a lot of different ways to play cannabis there aren't a lot of stocks out there so not a lot of breath but there's -- aurora cannabis top names. >> i think ultimately there's a play here. >> yeah. on the the floor of a big industry in the future but at the moment that's a traders market you're in, you're out. that's had the way it is. now this -- senator cory booker democrat, in new jersey say, of course, he's considering a run for the presidency. it would be irresponsible not to. yes, we will tackle that one and we'll tackle it, next.

of course. stuart: all right. well not bad. okay song, i say a little -- >> not obvious classic. stuart: cute song. bitty. ♪ what do you say? >> missing beetles song yesterday that's what i noticed after the show. we didn't get the beelingses in. stuart: a reason i don't remember what the reason was. but back to president trump i believe may have been -- >> could have been. stuart: check the big board lost a little of the rally a little bit it have. we were up well over 200 now up 18 still take it 26,5 84 big tech all of them on upside nicely, though, facebook 165. solid gain you see microsoft down to bottom there up a buck 86. 11356 great day. comcast and fox going to settle

their 35 billion dollar takeover battle for sky. how do they that? well hold a rare weekend auction. that will settle it. staying on the market all time highs for the dow industrials and for the s&p 500. earlier today, no sign that the market is going to slow down market watcher gary with us now. anything on the horizon, with anything on your radar screen which would really start this rally in its tracks? >> right now, no stuart and remember three weeks ago on this show, and i don't usually use these words often. i told you if we get past september we could have a fizzling rally into the end of yore and ting may start happening early right now. so i think markets in good shape and most important thing that is happened is that the the rest of the world which has been dead money for a while i think it is putting a good low right now, and that only helps the cases we move into the end of the year. >> okay. check out amazon. this morning, it's around -- i can't remember exactly where

it is. but it's -- high. yeah it's high. thank you. [laughter] thank you very much. it is at 1,942 per share. okay now you say it is not cheap. but it is still got room to grow even higher. explain. >> well, you know, cheap is when we're bear markets and things are way undervalued. you have a almost a trillion dollar market cap so it is very expensive. but they're growing very well and jeff bezos turned out to be a visionary genius and now doing the vans and they're going to do delivery to go after fedex and ups who knows what's next. i think that stock will go higher into the end of year but call it cheap i don't think so. that's like saying new york giants are a good football team and that aingt happening right now. >> oh -- low blow there. my new york giant. >> your problem then. [laughter] sphwhriewrt okay but wit a second amazon would you buy it at 1,942 per share? >> no.

only for a trade not investment because i think it is getting into what i call a late stage of a move, keep in mind it is up like 100% in the last 10, 11 months that's too far too fast and work to do sitting around for a while. stuart: beef we close would you buy microsoft $113 a slair? >> you asked me that at 80 yes i think it goes higher from here and they've changed company to a majorly cloud company and i think it goes high orer. >> this dude is a fine old guy as far as i'm concerned i own a sliver of that stuff. thanks so much for joining us always appreciate it. look at microsoft now up 192 at 1,061 close to all time highs. i do have to get back to the kavanaugh nodges nomination toxic politics by any other name and former per bush 43 and wall street editorial board. heavy hitter, bill -- thank you.

>> very good. >> you used to work closely with brett kavanaugh and his wife. >> was president bush's secretary on first day i was so clueless i didn't know physically where oval office was. and she was is trying to help me get my way there. >> but you know reasonably well. j reasonably well we're not best friends but we follow each other families on facebook, and stuff. so forth -- >> yo you know his friends and acquaintances. what are they saying about the man and nominations? >> allegation is inking the -- inconsistent with the man we know. it is outis ragous a violation of -- all a of the standard norms and processes i would like to hear from this woman. no one is attacking her and i think republicans have made clear they're willing to have her be heard. she's not allowed to, though, set the terms of her appearance before congress. it's just absolutely ridiculous, and it is somewhat my dad is former fbi agent he does background checks so i kind of consider it family business.

and i, obviously, went through one -- when i was going, it is just this idea that the fbi should take this up now is absurd. >> do you think eventually he'll be confirmed? >> yes. i think that the -- kavanaugh team is fairly confident. i think that things will be moving in his direction. look, there's four votes that really matter right, the democrats cannot defeat brett kavanaugh only republicans can. meaning a republican there's four people jeff flake, bob corker lisa and suzanne collins senators flake and corker have said if woman doesn't appear and give testimony on monday they should proceed to the vote i think senator collins is almost there. and -- i think senator murkowski will follow as well. >> they agree to to a vote he should be confirmed. >> i said at the top of the hour hold the vote. and exactly -- let chips lie where they fall. >> because democrats want to

vote putoff they're hoping that maybe there will be enough pressure that brett withdraws. that's not the way it workings. votes are are about accountable, and you know, you're supposed to be senator what's that you signed up vote against him, fine. >> i think thats in the plan is to delay, deliberately until after the november elections hoping there's a change in power. >> absolutely for some of them running in trump states this is a very difficult vote, and may cost them election. so once you have his -- you know, for you, the the hearings of brett kavanaugh kinches hearings but for kamala harris and cory booker some of the other ones this is a first democratic presidential primary of 2020. and their grand standing so forth may come at the expension of the possibility to get a in the senate. j speaking of cory booker i'm glad you brought the good senator up. he was asked if he's considering run for the white house. here's what he said. i'm going to quote this.

okay he said -- of course. the presidency will be something i consider -- it it will be irresponsible not to. >> i'm shocked right. i think that we knew from his spartacus mommy that he was running he confirmed there. cory booker and i went to the same high school different time. much older than he is, but i -- as a new jersey resident, it's just incredible to me this -- his rise we withdrawal line of a man who rose without a trace his record in newark was very undistinguished. never found out what happened to hundred million dollars that facebook gave to the school system of newark. what happened to it? >> it's just got wasted. life did not improve to the people there. so now he's in the senate a perfect place for people that don't want to have accountability of the united states senate. and the best place is to run from new jersey where we doangts hold people accountable. other senator is bob menendez. >> i too am a resident of new

jersey. never heard that one before -- i qowld take that. bottom line, you think that kavanaugh things will improve for him? >> i do. >> will be confirmed? >> yotd. because i think he's telling the truth. i do think he's telling the truth and i'm willing to be open to evidence that suggest he's not. but to allow precedent after all of the hearings are done, all of the questions i think it was like 1300 questions put to him and answered, all a of the -- opportunities to talk to in private to then allow a single uncorroborated unsubstantiated allegation to sink a nominee i think is outrageous. bill, thank you very much for joining us. see you again soon. all right. campus reforms -- no i have to tell you what's coming up. here we go. all right i have to read what's on prompter. can't digress frommer they are moving goal post changing rules and endless delay. i want to know if bret baier saying it the the same way as i

do. he joins us in next hour. but joe, jim brown two legending taking on the league they want more money, benefit for all retired players. good story, we're on it.

>> the leaders of north and south california wrapping up another summit the the key question is reunification of the korean peninsula the end game here. and james had had told us in the last hour. >> i don't think they're going towards reunification you have three here. the north koreans have a view of denuclearization we're pakistan we get to cope our nuclear weapons and promise not to hurt people. south koreans want to go back to tit for tat let's go see how far we can get, the u.s. position was -- ing nothing you don't get any good deals until you completely denuclearize. now these are like three cars had headed to an intersection and we have to see what happens. but i wouldn't bet on a u.s. summit. making it because this president has had a number of summit ises.

summits are not necessarily where things happen for him.

is the price of gold arranged 1200 an ounce, yes it is, 12.12 to be precise up three a day. stock is up. gold is up slightly. interest rates up. and there you have it. sports -- nike selling out of merchandise since it launched that new ad campaign featuring man on the screen colin kaepernick joining

us fox and friends co-host -- love it or hate it? nike knew its audience went after that audience and looks like they've won. >> no they have a strong brand. the amount of nike stuff i have in my closet i have a choice my minnesota vikings jersey i blacked it out because they were making unhelpful cultural statement holding up kaepernick as if he sacrifices everything let's talk about pat tillman, arizona job you know army ranger talking about guys who served and real service and sacrifice looks like it is offensive but strip out kaepernick it is a powerful add with a really important message in there and if you're a qung kid and love nike you still love nike they have sliced off a bit profit share but they know their brngd and you know, hay listen people are fatigued of the boy cots thing so i have to boycott everything now. nike, but i'm going to make a

choice to buy adidas but clearly a lot of people aren't. >> still on football. from the biggest names in profootball, they're talking we're talking like joe and -- jackie smith. jerry rice -- they are demanding they're going right after the league. the nfl, and saying wait a minute, we sacrificed our blood and sweat and over all of those year, we want better pay or better benefits and we want some comp says for all of these retired players. hall of famers are saying we should give hull health insurance and profit sharing from the league. i mean, hey they're going to hash it out with the nfl i don't have that much empathy for it because you have to look at what are my prime earnings year. it is not the nfl's fault if they made millions of dollars they have prime earning years, and then they failed to plan for the fact that may might node to string that along a little bit for the 20 so at some point you don't get to go back to your

employer and say pay me more and by the way you paid me millions in the process. >> so we didn't know about the equities of concussion back then. >> we didn't know all of the scientific aspects but they knew strong men running into strong men and they played a game where we revered them. if they can make a deal privately with a league, great. but count me as generally unconcerned we can't even deliver health care to vets who go overseas and fought in the combat and they kengt get what they're deserved i'm not all that concerned it and that's a private dispute and we'll see. >> that's looking back to the great of the game who demanding this look forward should there be a new deal for football players? >> i have the same stance. you play a game you make millions of dollars you have great equipment you don't have to go that game you can be a tv host but you play football, which is not flag football. it's a violent sport what do you expect like i was in the 101th airborne what do you expect

explosions stuff like that. it is what it is. so you're playing a violent game and then you're like but i should be fade for the rest of my life because i chose to make millions playing a violent game. >> you were in the air force -- for employment. in iraq, elite unit. >> a good group well they were just a bunch of knuckleen some would say elite yes. i say that with nothing but respect for the guys i served with. they run through a wall for you and that's why they're warriors that's why they should get great health insurance later on but that's a contract with our government not with the league where you play a game on tv. >> general jack said exactly the same thing to me just the oh day saying to him do you miss being in the service? he said, yes. i miss that camaraderie. that band of brothers. you die or for each other. you miss the guys. you miss -- it's a lot of sheer bored but you connect in ways -- it is a brotherhood but exceptionally masculine. >> absolutely it is. by default we serve with female

soldiers as well they do a great job but infantry unit are mostly men and you prm a brotherhood. >> on the show in our next hour, so i'll mention you too. [laughter] thank you pete good stuff. now this, mastercard teams up with league of legends video game maker -- riot games what's riot games? >> riot games is company that puts this out league of legends when you look at this this has been the most popular played video games since 2012 mastercard is jumping in as a major sponsor. but if you look at numbers of this, it is a global e-sport by the way with 14 professional leagues around parking the worls over 800 of these athletes i say athletes are salaried. actually earn salaries, overseen in operated by riot games nowst mastercard is jumping in on this. but we've seen this out of the barclays center in brooklyn. overwatch.

oh, my god it is -- e-sports and a lot of other corporate sponsors now figured out that this is a huge phenomenon arranged the world and they're jumping in putsing their name on it. but -- i think you need benefit for playing violent movies. [laughter] should be -- someday they're collectively bargaining. you have your three minutes. [laughter] stuart: coming up, humira -- humira what's the world's best selling drugs could be because doctors were essentially some of them bribed to prescribe it. that's according to a lawsuit at least. doc siegel break it is down for us after this. ♪ rising demand for lithium used in batteries is exceeding

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>> well i could call for the trumpets why not? ♪ balloons too. microsoft hit all-time high earlier it was at 113.80 so backed off a bit, but all time high for microsoft. told you. the lawsuit claims that the drug

maker abbvie paid doctors cash services to overprescribe humira. that's a very popular drug used to treat auto-immune diseases. despite its potentially deadly side effects joining us now is doctor marc siegel l is it legitimate for doctors to receive cash or lunch or some kind of gift in order to get them to prescribe humira is that legit? >> that is not legit the way you described it and it is what we should be watching out for especially as we get poorer in days of obamacare by the way. we can't afford these fancy dinners anymore. i don't anyone out there to feel sorry for us but along comes attract arive salesperson with a lunch. they invite us out to dinner to a tropical island they used to do that. there's laws against that now. okay so they've been clamped down on what they can do but you better believe they go to offices of doctors who do prescribe these drugs. i do not think it is usually a quid pro quo here's your lunch, then you prescribe the drug.

but they're very aware of who prescribes drugs, what and what amounts. now i want to say, for our viewers, this is a life-saving drug i don't to stamp on this at all. this drug and it is a huge saler over 12 billion there's a year. and ads over $12 billion. a year, one of the top selling drugs in the world. but here's why -- it is used for ten indications rheumatoid arthritis, inflammatory, psoriasis, bowel inflammatory, and they respond to these factor drugs which are fancy way of saying -- they block, we are able now with biologics like humira to block the inflammation an people live pain free lives now because of this. >> abbvie does it warn patients and customers that these are the very negative side effects? side effects? >> that's one of the rubs here because one of the things they're accused of this in

lawsuit is having their own nurses now that sounds worse than it is. nurses may be helping to administer the drug. but one of the complaints is do they block a patient reporting side effects back to the physician? that would be a very serious allegation. because there are higher risks of infection here. there are rashes that you can get from this. people don't tolerate it at the site even in some cases risk of blood cancers but again, rare side effects compared to the great usage of the drug. but of course patients have to be able to report that. they've got to be warned about it. you know this drug blocks decreases your immune response. so you can't take live vaccines you're much more at risk of certain infections and somebody better be telling you that, your physician so we don't want drug companies in the the way but we like that this drug is available. this is a very serious charge. >> 10 billion worth of humira sold prescribed, every single year. 12 billion -- >> 12 billion one of the number one selling drugs in the world.

but very exopinionsive drug. dr. thank you very much. see you again. this is quite a headline -- look at it. why jeff bezos should push for nobody to get as rich as jeff bezos that's part of "the new york times." we're on it. you need a partner that is willing to break free from conventional thinking. we are a different kind of financial company. we are athene, and we are driven to do more. . .

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that's right for you. the call is free. and there's no obligation. you know medicare won't cover all your medical costs. so call now. and see why a medicare supplement plan from a company like humana just might be the answer. stuart: technology, concentrates wealth and power. just look at amazon and founder jeff bezos. they are the classic example of the new technology economy. massive wealth, global power. in is so much money, it was bound to bring out the opposition and the inequality warriors are on the march. quote, why jeff bezos should push for nobody to get as rich as jeff bezos? that is the title of a "new york times" article that offers suggestions on how to rein him in. depending on the stock price bezos is worth about $150 billion. "the times" article says, giving it away, philanthropy, that is

not enough. "the times" wants a more equal distribution. sounds like tax the rich to me. then there is wages that amazon pays. currently $15 an hour plus benefits for full-time workers. not good enough. not a living wage. amazon is not therefore sharing the wealth. so raise the minimum wage and strengthen unions. it is the classic left-wing response to success. tax the rich, legislate wages, and force wealth out of private hands and give it to politicians. okay, so what happens to innovation? would leftist politicians put money into 3,000 cashierless convenience stores as amazon proposes? what happens to entrepreneurial spirit, if a guy with a bright idea faces off against the government? what happens to economic growth when you tax success? let's recognize reality here. technology does indeed concentrate power and wealth. as a society, we're going to

have to come to terms with it. but you don't destroy it. you don't bring it down. technology is now the basis of america's robust economy. we don't want that to change. the third hour of "varney & company" is about to begin. ♪ stuart: you heard what i wanted to say about the concentration of wealth and power in companies. joel schulman, and ron carson. he is with the carson group. ron, you first, what should we do about the concentration of power and wealth at amazon and other technology companies? what should we do? >> well first of all, thank you, jeff bezos for becoming the richest man in the world. you made my life a lot better. you employ a lot of people. capitalism is the most vicious, most efficient economic system

in the world and if you create all the goods and services you will own all the wealth. that is just the way it works. we have government policies redistribute that wealth. we understand why that has to happen but the idea that bezos is somehow go out and say, you know, i'm going to make sure this can never happen again would just kill innovation. who would want to take the risk? sure, if you sat down and and had a great conversation with bezos he would talk about all the sleepless nights, all the effort, all the energy that he put into building amazon to making our lives better, and if he didn't have the incentive, the upside, who on earth would want to do that? so we want to make america so everybody has a lot less because we're making the pie a lot bigger because of people like jeff bezos and amazon. stuart: ron, i think you and i are in agreement here. let's bring in joel to see if he agrees?

>> i completely agree. as your guest says, the entrepreneurs get paid biggest and get paid less. they are the residual claim holders. the entrepreneurs take on a lot of personal risk. there is no one to bail themselves out, no safety net for them if they lose money. not like everybody saying let's bail them out. they're out of business. stuart: when you get a guy with $150 billion worth of wealth, by far the richest man in the world that nestly brings forward a political response. >> we go back 100 years. rockefeller had billion dollars in 1918. that was real money back then. in today that would be worth half a trillion dollars. andrew carnegie had a billion dollars in 1905. that was arguably worth more than rockefeller. carnegie gave us libraries around the world. hook at rockefeller, they

created hospitals and universities. look what bill gates has done. they created enormous foundation. it is their choice to exist money. stuart: the politicians have the choice where that money should go. they want the money. >> the only thing two people agree upon is what a third wants to give. stuart: you got it right. change subjects. talk about the market. we have a lovely rally going on here. all-time highs for the dow and s&p, earlier today. right now the dow is up 238 points. ron carson, i read your stuff. you're cautious, aren't you? what's wrong? >> well, i mean, we've had, what, 50 some days without even a 1% correction? there is a lot of complacency. i travel around the country. i talk to advisors. i talk to retail clients. everybody is going from i want more risk, more upside in the portfolio. it is a classic taking, maybe too much risk too late in the game. you know, the rest of the world,

the u.s. is doing better, protectionism, sabre-rattling with china, while it sim herred here a little bit i think there will be a lot more headlines. make no mistake about it. this economy is strong. people are doing well, inflation is contained, earnings are going. it's good, but things are not inexpensive in here and i just want to caution people to pay attention to how much risk they actually have in their portfolio and as always, hug those risk budgets. stuart: got it. i want to go back to joel. you consistently appeared on the program said, stock prices will end the-year higher than where they are now. so you think the bull run continues? >> still saying the same thing. think about september, if you go back 50 years which we recently did, go back 50 years, september is the weak month out of the 12. down half and 1%. by the way august is the usually second weakest month. we came off an extraordinary august. small caps up over 6%.

the dow is up. the s&p way up. nasdaq was up 5.85%. if you look at that compare, we went back 50 years. if you look at next three, four months, september is usually down a little bit or flat for small caps. the remaining quarter usually up .85%. if we think about traditionally, going into november, december, which are the best return months of the year, right? we're talking about a strong market and strong year. looking at only strong markets we go back, only 15%. i'm still bullish for the year despite the fact we have midterm elections. stuart: joel, thank you very much indeed. we go back to ron. you have a stock pick, electronic arts. it could be the netflix of gaming. make your case please, ron carson? >> in the past, you would have these big releases. you would have xbox and there would be sales and fall off and it was cyclical until the next game. you know now, and we think, they're playing it close to the

vest but we think they're close to actually having streaming, continuous streaming. think of the library of games that they have. only activision blizzard would be another company to pull this off. if they figure out the latency, we think they will, margins would expand. you wouldn't have the variability with boom bust cycles within product. we think there is significant upside in the stock at these prices. actually you have an opportunity to enter the price because they had a delay of one of their games. the stock took a hit. we think it's a good value in here. stuart: i have to ask, do you or your family or the firm, do you own electronic arts? >> yeah. you can rest assured we eat our own cooking here at the carson group. so i will own everything that my clients own and every single strategy. if we're short it, we're short it, if we're long, we're long, that includes myself personally in the company. stuart: got it. that is a fine market coverage if i may say so.

ron carson, thank you very much. joel, gentlemen, all good stuff. some individual stocks making news, i have got their stock prices for you. comcast and fox are going to settle their 35 billion-dollar takeover battle for sky in a weekend auction. that will settle it. darden restaurants, rosy outlook. that is the parent company of the olive garden. capitol grill, longhorn steakhouse. i think lobster, what is the -- ashley: red lobster. stuart: red lobsters thank you very much indeed. but the stock is down despite a rosy outlook. look at disney. espn streaming service surpassed one million subscribers. disney at 110. that is up a buck today. how about this one. facebook will build a war room aimed to battle fake news during the elections. they have 300 people working on this. "the times" reports that conference room will be converted into a war room. i think a bit late.

election is 47 days. senator grassley gave brett kavanaugh's accuser the deadline of tomorrow if she will testify. coming up fox news's bret baier. he has been covering the story from the get-go. i want to know how he thinks this will all play out. plus kim jong-un reportedly wants another meeting with president trump, trying to speed up denuclearization according to them. this as north and south korea appear to be getting pretty close. general jack keane on that. i will ask him about president trump's space force. will cost taxpayers, what, $13 billion in the first five years. that doesn't sound like much money to me. let's see what the general thinks. today president trump heads to vegas for a make america great rally, getting ready to stump for dean heller and danny tarkanian. this is a rally and this is the third hour of "varney & company." ♪

stuart: the rally holds. look at that. we're up 232 points. the record high for the dow. record high for the s&p. it has been an up day today. then we have the senior citizens league. it says social security checks could rise 2.8% next year. if that is the case, it is the largest increase in seven years. the average beneficiary's check could see a boost of what $39 per month. now this. south korea says north korea's kim jong-un wants another summit with president trump and soon, to keep the denuclearization process going. look who is here. general jack keane, fox news senior strategic analyst.

general, seems to me the north and south are moving pretty close together here, maybe talking about reunication. i can't believe that is what america wants or what china wants? >> we have to be a little cautious here. stuart: jumping the gun aren't i? i am jumping it. >> i took counsel from the foreign ministry of japan about south korea. be careful with them, they're so eager to cut a deal with the north koreans. and they are likely to do it at the expense of the regional security. in other words, what are we talking about? they're not as tough an denuclearization as the united states is. they rarely bring it up. so some of these things that are happening, some of them are positive things. opening up a rail line between the two countries. doing family exchanges makes a lot of sense. something that is not making sense they're opening up an industrial park in north korea and providing economic up lift to the north koreans. that is in violation of the sanctions. the leverage we have over north korea is sanctions and

tightening them up, making the noose tighter and also credible military option. we have got to stick with that. there is some openings here that are substantive. the fact we have inspectors at a site, a rocket test site that will be dismantled and destroyed and a missile launch site for satellites. that is a positive thing the inspectors but here is what we have to caution ourselves about, we haven't disabled or dismantled or destroyed a single nuclear weapon or a single ballistic missile. not only that, they haven't given us identification or location of these which is something we asked for in the very first meeting that secretary pompeo had in north korea prior to the summit. so that is what has to happen if we're going to have real progress. stuart: okay. i want to talk to you about the space force, president trump's proposal. we hear it would cost in the region of $13 billion in the first five years.

that doesn't seem like a great deal of money to me, to a new branch of the military? >> first of all, most of these early on estimates are likely understated. stuart: yeah. >> i mean if you just, listen, after 38 years dealing with the pentagon, all right, it is understated. secondly i think it's a mistake. i mean it is not the fact that -- stuart: flat-out, we don't want a space force? >> no. we don't need a space force. space has got to be a priority and there has been some inside bureaucratic things that have prevented it from getting the resources it needs and attention it needs. the way to do that is not by designing a department with civilian oversight, with secretaries and assistant secretaries. if it's a force they have to go out and recruit for it. they have to man it with personnel, oversight. they have to have their own education system. all of those things i'm describing are already in the services. the way to get at that, keep those institutional things in

the services but establish a space command an operational command, a four-star command. when we were having problems with our special operations forces, we needed to get them priority, we didn't build a special operations force. we established a special operations command. and then that got its priority but the services still have responsibility to recruit from the army, navy, marine corps, okay? and they're still responsible to educate those soldiers. they're still responsible to take care of them from a personnel perspective. we don't need all this extra overhead. stuart: it wouldn't cost only $13 billion in five years. you're laughing. >> don't hold your breath. stuart, general, always a pleasure. thanks for being with us, sir. >> take care. stuart: yes, sir. check that big board. yeah, i keep saying it, the rally holds. we've been in business close to two hours this thursday morning. we're still up well over 200

points. we're still well into record territory. that stock is way up. how about bitcoin? we check in this time of day every day, pretty much the same these days. it is $6400 per coin. the same with gold. still around $1200 per ounce. here is movement in oil. we're up to $71 a barrel with sanctions on iranian oil looming. gas, no change, still right there at $2.84 for a gallon of regular nationwide. how about aston martin. that is james bond's car. ashley: yes indeed. stuart: they are moving plans forward to go public. valuing at nearly $7 billion. shares will trade on the london exchange. ashley: that comes with a machine gun and fog machine? stuart: ejector to seat. "money" magazine, out with a legs of best places to live in

the country. factors like affordability and quality of life. we'll tell you which cities came out on the list. any guesses please? ♪

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stuart: in new york a rat has become famous. the road depth taken internet by storm. dubbed the flood rat, caught on video shielding himself, on a subway platform. we had to show it to you. you can just make him out right there. real news. delta air lines charge you 30 bucks for a checked bag. they raised their fee last month. airline cites higher fuel costs as reason for the price jump. by the way a second bag costs you $40. j.d. power out with a new survey on best and worst airports on country. on the screens, best, number one, vegas, orlando, detroit, denver, dallas-ft. worth. they look at categories, food, accessibility, baggage claim. by the way laguardia is not on the list because it is considered a medium size, not a

big airport. ashley: certainly wouldn't be on that list. worst airports. stuart: boston chicago, o'hare, los angeles, newark liberty was dead last. laguardia not on this list either. ashley: no. stuart: before the break we asked you to guess top five places to live. 'frisco, texas. a "money" magazine looked at affordability and quality of life, et cetera et cetera. new poll shows senator ted cruz is falling behind his democrat challenger in his senate race. coming up fox news bret baier, i want to know what this means for republicans if cruz loses to a democrat in texas of all places? then there is connecticut, deep blue state, republican on the screen thinks he can win the governor's race. i want to know what will you do about the state's dire financial

situation? will you lower taxes? probably not. watching your money. all-time high for the dow and s&p. microsoft, all-time high. next a man who says now is the time to buy big tech and he is especially bullish on microsoft. give him the rest of the show, why don't you. we'll be back. ♪ nah. not gonna happen.

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won't cover all your medical costs. so call now. and see why a medicare supplement plan from a company like humana just might be the answer. stuart: the rally holds. look at that every single one of the dow 30 stocks is in the green, meaning it is up and the dow is up 241 points. check out big tech having a pretty good day today. all of them on the upside. they have kind of a mediocre week. ray long is with us. ray, i know you like big tech. you say it is a good time to buy. i put it to you, price on the screen of big tech are very lofty. make your case. >> hey, looks high at the moment but when you're in situations where you have 100 million or more subscribers in a monthly active user, daily active user situation you are poised for long-term growth as well as

short-term growth. stuart: that applies to facebook and apple in particular and google? >> facebook, apple, netflix, google, bob, tencent, baidu, these are 100 million plus platforms. some are multimillion, 500 million to almost a billion active users. stuart: microsoft. everybody knows i own a little bit of it, happy to see it the at record high today, you're very bullish on microsoft even at this price. how high is it going do you think? >> i think there is more room to grope because of what is growing on artificial intelligence and i.t. side. a big conference coming up in a few weeks. there is probably 10 to 20% more on the microsoft high. it is at an all-time high. satya nadella has done a great job. the computing has more to grow. stuart: 10 to 20% more. trying to being do the math,

125, 130 on microsoft, right? >> probably 125 to 128 is the range. stuart: go back to netflix. you say it is still on fire. make your case to buy netflix at 364. >> well netflix we see them going to 400 but really predicated to the fact do they get to 200 million subscribers by 2020? this is the bet on international expansion. a number of deals that are actually going to happen in terms of content distribution deals. you see the one with barte, think about the indian market. there is potentially 700, 800 million folks you can reach at the moment in the indian market. those deals will make a big difference take them where they are today at 130 million subscribers to 200 million in 2020. stuart: okay. let's talk about alibaba's jack ma been in the news recently. now he will not create a million new jobs in america because of a trade dispute in china. i know you're an alibaba fan and

i think you're saying a good time to buy the thing now at 165. again, make your case. >> there are a couple reasons. the new ceo is in place. jack is stepping down but they're still doing tremendous investment. if you look at home delivery product they have gone from 167 million users in growth. that is a pretty big number. the these are large numbers and these are platforms where they cannot only, it is not just going to be goods and services in the traditional sense, they will do payments. they're in commerce. they will distribute digital and non-digital goods. they have the network to do that. if you're bullish on china market you should be bullish on alibaba market. if you don't think the china market will not grow and you should shea i will get out chinese tech stocks. i'm bullish because i think there is long-term growth there. stuart: fascinate what you had to say, this market has been essentially run by big tech. that is where all the money has

flowed. you're saying even at these prices today, even after this huge run-up they have haul had, it is still okay to buy into them at these prices? last 30 seconds to you. >> well here's the reason. it is very hard to create 100 million active user person platform. if you get to 100 million active users you have something to continue the growth on, barrier entry is so high. other countries get in the space are payroll and hr tech, like ultimate software. these folks getting basis being able to reach that many millions of users at one point in time like adp for example. stuart: whole new economy. a whole new market. ray, thanks for joining us. good stuff. see you again soon. >> thanks a lot. stuart: sure. money and now politics. our next guest is running for governor of connecticut. bob stefanowski is with us. welcome to the show, bob, good to have you with us. >> thanks so much for having me on, stuart. stuart: we have covered quite

consistently financial trouble and bridgeport, stamford has, the whole state has, you have got financial trouble. what will you do to fix the financial problems in connecticut if you're elected? >> we need fundamental tax reforms, stuart. we have one of the highest income tax burdens in entire country. we my friend art laffer on. we're a perfect example of laffer curve. we are losing 80 people a day. we have the 48th worst economy of nation. it has been run by democratic governor eight years. my opponent will do the same thing. i will cut taxes, reduce regulation, make government smaller. turn the state around. we need it. stuart: you say 80 people a day leave connecticut. that is because of high taxes. are you expecting an even bigger exodus when the full effects of the latest tax move become apparent? >> well we have a high state income tax my plan to get rid of

it over eight years. as you know the salt deduction, we'll lose that deduction. it will cost people even more money. before 1991, stuart, we did not have a state income tax. connecticut was the fastest growing economy in the entire nation. since that income tack was put in, we're slowest in economic growth and we're only state hasn't recovered jobs from the great recession. it's a fundamental example of flawed tax policy. stuart: can you get elected in a statewide election in the state of connecticut when you're clearly on president trump's side? >> well, listen people are tired of the economy here. in connecticut it is not about what is going on in washington. it is about what is going on in connecticut. if you look at trump's tax policy, lower taxes, less regulation, gdp as you know grew at 4% nationally. our gd, our growth is zero. we could use tax policy in connecticut. that is what people will vote on. that is why i'm going to win

this thing. stuart: if you cut taxes in connecticut, you might get a few new jersey and new york refugees flooding across the state line taking advantage of it. bob, thank you very much. we want a progress report what you're up to. >> we're going to win this thing, thank you very much. stuart: by the way we asked ned lamont to appear on the program. we reached out to him, not got response from ned lamont, the democrat, as of this moment. why don't we show you the big board. why not. ashley: good thing to look at. stuart: it's a wonderful thing. makes you smile. i can do that on a thursday morning. we're up 230. 26,635, record high. under armour cutting 400 jobs, 3% of its global workforce. it is cutting costs because it feels the heat from nike and adidas. how about tesla? the national highway traffic safety administration just gave the model 3 a five-star rating

in every category. earlier tesla had been above 300. now it dropped back three bucks to 295. brett kavanaugh's accuser still has not accepted the invitation to appear before the judiciary committee. looks like democrats are deliberately delaying his confirmation. next, bret baier. i am going to ask him what is the endgame here? can you see anything on the horizon here? we have a number of ultrawealthy people around the world growing. net worth of over $30 million. we'll tell you which country has more ultrawealthy people than any other. apple is giving your device a trust score, based on number of calls you make and emails you receive. details on that in the next 90 seconds. ♪ [ telephone rings ] [ client ] - hey maya.

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♪ >> connell mcshane at the new york stock exchange. apple is a stock to watch today. what happel is going to start doing is using some of the email and phone metadata it collects to, it says try to combat fraud. they will give their device as trust score. some of the tech websites

covering apple noticed this on itunes store privacy page. to identify fraud and information how you use your device and approximate number of phone calls and e-mails you receive will be used to comprise a trust score. they say trust score only takes into account usage patterns, no who you are emailing or calling. the stock is up like most other stocks here at the new york stock exchange. bmo raised its price target on apple. more to come. there is more "varney" after a quick break. don't go away. ♪ cme group can help you navigate risks and capture opportunities. we enable you to reach global markets and drive forward with broader possibilities. cme group - how the world advances. ♪

stuart: before the break we asked you to guess which top five countries where the super-rich live. super-rich people with $30 million or more. number one, the united states of america. over 250,000 ultrawealthy people live here. this is a report from wealthx. this is people with 30 million or more. rounding out the list number two japan, number three china, four, germany, and number five, canada. who knew that? the number of ultrawealthy people grew 13% worldwide from last year. we have apple. it says it will collect data on your phone calls and your emails so it can create a trust score, whatever that might mean. they're not saying by the way. they say it is to combat fraud. seems to me like an excuse to get into your data, your

personal data, more of it too. napolitano as in the judge is here. what do you say to this? >> not too long ago i was in a little town called belagio on the swiss italian border. i used my card at atm to get some euros. 10 munns later chase -- minutes later, chase emailed me did you buy a pair of shoes in milan for $750? no. somebody was monitoring my use of that atm machine and captured my card and used my card to make that purchase. had chase not reached me, or not known about this, or not monitored me, someone would have tell own $750 from my account. the government was not involved in this at all. it was my personal private banker, which happens to be chase, protecting me. this is what apple claims it is going to do for your use of its devices. stuart: do you approve?

>> if you feel a little differently, the angst you had when we were discussing this during the break? stuart: i'm always worried about big tech companies wanting more information about me and how they're going to use it. >> i have too. you have tried so far unsuccessfully to get me to equate big tech's invasion of privacy with the government's invasion of privacy. my answer is the same all the time. i can avoid tech. i can't avoid the government. stuart: i'm not going to get into this argument again. >> i gave you a good example. stuart: you did. it was pretty good. i give you that one. 15 love, judge. okay? the european union starting a probe of amazon. they're starting this probe on antitrust grounds. it seems to me that they, the europeans, are going to be the regulators and we're not. >> well, they have an antitrust chief who is an uber, lower case u, uber regulator. she is about to become a candidate for the presidency of the european commission and she

is a very liberal woman, lawyer and economist and she is running on this platform. so here is what the argument is this morning. if you buy something from amazon, you can buy it directly from amazon or from a merchant that works in cooperation with amazon. how does the merchant decide how to price that item? well amazon gives the merchant a range of prices. here's what your competitors, including us is charging for this. when amazon downloads that information from everybody that sells that product, are they sharing all of it with everybody or are they keeping some of it for themselves to give themselves a competitive advantage? i don't think that is an antitrust violation. because if amazon uses data to lower prices, that is a good thing for the consumer. stuart: doesn't matter. they will win. amazon won't win. the european union will win. >> yes, regrettably correct.

not regretting you're correct. you're accurately stating a regrettable state of the law in eu, if amazon gathers information from the three of us and doesn't share it with the merchant that we're using amazon is engaged in anticompetitive practice even though amazon's prices may go down and we may benefit. that is not the law in the u.s. this is the law in the eu, correct. stuart: you couldn't bring the same case against amazon in the united states. >> correct. there are first amendment implications. secondly you're allowed to look at the ultimate outcome in the u.s. who has been harmed by this. stuart: we were discussing earlier whether or not amazon and jeff bezos should be reined in. my conclusion was no, don't do it. you will mess with -- >> jeff bezos is one of the best things for consumers in our lifetimes. leave him alone. [laughter]. stuart: i would love to have him on the show. he is not likely to appear. judge, thank you very much, sir. >> a pleasure. stuart: take a look at the yield

on the 10-year treasury. not a problem for the market. 3.07%. we were told when interest rates go up, the market would come down. not so, 307 is the yield. up 235 points. that is what is going on with stocks. on a day when most stocks are up, some retailers are down, nordstrom, macy's, kohl's department stores. those three stocks are down today. not sure what the reason is but they're down. senator grassley is giving brett kavanaugh's accuser tomorrow morning to see if she testifies. bret baier, i will ask him, how all of this plays out. does he know? does anyone know at this stage? i will certainly ask. ♪ (vo hand) can we talk?

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stuart: let's get to the kavanaugh chaos, the kavanaugh mess. the vote to confirm him to the supreme court delayed amid sexual assault allegations. bret baier, host of "special report" is with us. bret, can you sort this out and show us a direction towards an endgame here? >> hi, stuart. i think it is coming to a head

here and that the republicans on the committee are going to move forward. if dr. christine blasey ford does not testify, they are going to move forward with a vote. remember, the committee offered not only public testimony but private, closed-door testimony and to send staff out to california to interview her and hear her side of the story. what started out as beginning of the week, yes, she wants to testify, she will do whatever it takes to get the story out, midweek, turned into why the rush? let's delay and let's figure out this fbi investigation request by the democrats. so i think that the republicans are coming to a head here and they're going to stand firm and move forward with the vote. stuart: if there is a full vote in the senate and there will be, it occurs to me it could be republican senators who vote no and finish the confirmation. he is not getting on the supreme court.

senators corker, flake, collins, murkowski. they're all republicans. >> what i'm hearing they're holding the line now. their line in the sand, if she doesn't tell her story either publicly or privately, they are going to come back to where they were, voting on the merits of judge brett kavanaugh, his 300 plus opinions, and in the appeals court, his life's work and if this allegation and this accuser is not coming forward, then they, from what we're hearing on capitol hill are going back to where they were which was yes. stuart: very unsatisfying because if brett kavanaugh makes it to the supreme court, he would be the second justice along with clarence thomas, who is on the supreme court sitting, judging cases under the cloud of sexual harrassment. not a very good situation? >> well, no, it is not ideal. horrible for the kavanaugh family. we should point out if the

accuser's story is true, there would be a vehicle by which she could tell all of her story but the fact that this came out the way it did and with dianne feinstein sitting on it since july a lot of this could have been worked out already through the process. so now you have a situation just like clarence thomas where at the end of the game, this is what the deal is. would it be an asterisk if he is on the supreme court? yes. would people remember it for a lifetime, i don't know. you ask people around the country, stuart, who is on the supreme court and see how many of the nine you get answered? >> fair question. i do want to turn to texas. we have a poll from ipsos reuters, shows democrat congressman beto o'rourke has 2 point lead over gop incumbent ted cruz, a very well-known republican senator. is it possible the democrats could win a statewide race in texas? >> it is very possible.

i will say that poll is, follow as different poll that had cruise up by nine. so the "real clear politics" average in that race is cruz up by 4.5. texas obviously traditionally a red state. beto o'rourke is making a run of it. they will have three debates down. there. democrats feel texas is moving their way, believe it or not because of business. rick perry, moving all kinds of businesses from california and chicago and every place else into texas. thereby changing the average texas voter. stuart: if there is a vote to confirm judge kavanaugh before november, that really puts red state senators in a bind, doesn't it, especially ones voted heavily for trump in 2016? >> it really does. this provides them a little bit more cover i would say. you have seen claire mccaskill come out saying she is voting no already. but you're right, if it goes forward and this accuser doesn't

come forward, dr. christine blasey ford, you have red state democrats would have been released to vote yes who are pretty much going to hold the line with their party i think if push comes to shove. stuart: you know, bret, you're smiling. i think you like this. >> i see it every day. we talk about every week. stuart: we do. bret baier, thanks for joining us, we appreciate it, sir. >> all right, stuart. stuart: more "varney" after this (clock ticking) (bell ringing) it's time. time for a new kind of cloud. the ibm cloud. the cloud that proactively protects your business from threats, : that unlocks insights from all your data and puts it to work with ai. get a faster, more secure journey to the cloud.

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record high since trump was elected. >> exactly right. i was trying to guess earlier, i said 74. 100 record closes for the dow. with everything else going on out there, it doesn't matter, the money continues to pour into wall street. stuart: up 250, we'll take it. neil, it's yours. neil: guys, thank you very much. what's propelling here and great interest to us as interest rates back up, financial stocks look good, technology stocks clawing their way for a comeback. 29 of the dow 30 stocks save chevron and only fractionally are down -- or up, that is the only issue that is down. i stress fractionally, but a lot of this climbing the wall of worry connell mcshane is following closely at the new york stock exchange. connell? reporter: interesting, the great neil cavuto say if the market is worried about a trade war, funny way of showing it. yet again today. record highs all over the place, and a couple of different things going around. number one on trade. some of the announcements