>> but that's kind of a problem that he has been imbued with this sort of cult-like following. if you look at the comments when someone says maybe they have a cash flow problem, they are attacked. it's amazing. maria: have a great weekend, everybody. i'll see you on wall street as well as sunday morning futures. here's stuart. stuart: good morning, earn. all eyes on senator jeff flake and on tesla, two riveting stories here, the kavanaugh vote and the government suit against elon musk. start or with this, roll it. >> what you want to do is destroy this guy's life, hold this seat open and hope you win in 2020. you've said that. when you see sotomayor and kagan, tell 'em that lindsey said hello, because i voted for them. i would never do to them what you've done to this guy. this is the most unethical sham since i've been in politics. stuart: well, we know where he stands, and soon we'll find out

where on the fence senator jeff flake stands because at 9:30 this morning the 11 republicans and 10 democrats on the judiciary committee will prepare to vote. flake is the swing vote. you know, if you walk past any tv yesterday, odds are it was tuned into the kavanaugh hearing. christine blasey ford said she was 100% sure that brett kavanaugh sexually assaulted her. she was treated with respect and civility. then judge kavanaugh took the stand, and he came out swinging. it was an emotion-charged defense of his character and his career, and he went right after the democrats. no holding back. watch this. >> the behavior of several of the democratic members of this committee at my hearing a few weeks ago was an embarrassment. this first allegation was held in secret for weeks by a democratic member of this committee and by staff. this whole two the week effort -- two week effort has been a calculated and orchestrated political hit, revenge on behalf of the

clintons and millions of dollars in money from outside left-wing opposition groups. stuart: now it is decision time. you are see the committee vote this morning. my opinion, if it's a no vote, america will have abandoned fairness and trashed a good man and his family. if it's a yes, respect for the law and the constitution will return to supreme court nomination process. you will see the vote here on this program today. now look at this. tesla's stock down 12%. that is a mass i loss. the regulators have hit ceo elon musk with a lawsuit. they want him out of the ceo's job, and they want him out of any publicly-traded company. they charge fraud in that tweet about going private with secured funding or funding secured. it was false, they say, and misleading, and investors were harmed. the sec says that 420 price was a reference to marijuana and musk did the it to amuse his -- the did it to amuse his

girlfriend. have we got a show for you. or "varney & company"'s about to begin. ♪ ♪ stuart: i'm not sure there's a specific negative in the news background today, but we'll be down 70, 80 points at the opening bell this morning. what have you got? ashley: italian debt, according to all the headlines. you know, it's already sitting on a pile of debt, italy, and now they've made plans to increase their deficit three time the more than the previous government. that has the markets a little spooked. stuart: i was just reluctant to talk about the italian debt -- [laughter] ashley: i know. stuart: that's the truth of it, right. stock of the day, i'm pretty sure it's going to be tesla. it's going to open way down, 12% plus. the government has sued elon musk for fraud. tell me more about this suit, ash. ashley: yeah. listen, the sec recommending that e monomissing -- elon musk pay a penalty. i want to give you a couple of

statements here in the aftermath of what the sec is claiming. first from the board. it says tesla and the board of directors are fully confident in elon, his integrity and his leadership of the company which has resulted in the most successful u.s. auto company in over a century. our focus remains on the continued ramp of model 3 production and delivering for our customers, shareholder, employees. okay? that's from the board. but what about musk himself? what statement did he put out? this is it. this unjustified action by the sec leaves me deeply saddened and disappointed. i have always taken action in the best interests of truth, transparency and investors. integrity is the most important value in my life, and the facts show i never compromised this in any way. by the way, if the stock drops below 278.45, according to charlie brady our senior editor, that means the market value of tesla will fall below that of general motors. stuart: it's right about that level right now. ashley: very close to that. >> market cap at this point but,

yeah, it should fall below gm. ashley: citigroup also just cut it to sell, so that's come anything as well. stuart: yes. citi says it's going to go down to 2225. right now it's 260, nearly 13% down. stay on tesla, market watcher gary kaltbaum with us this morning. gary, i know you're no fan of tesla or musk, do you think he's done at least as ceo at this point? >> well, i'm a big fan of musk as an innovator but not a handler of this company. if you remember, the day after i was on your show this was fraud in plain sight, and that's why i think the sec was able to come out very quickly. that's not normal for the sec to do this. i think least in big trouble. i think they mean business. i'm surprised -- i guess they put a settlement on the table, and musk backed away, but i gather that settlement had a ban of a certain time frame, and they just put the hammer down. and the biggest problem for this

company is they need to raise money going forward. they've had the wind at their back with an easy money environment and a strong stock price. if that changes, not good news for a company that loses a ton of money every time they produce be a car. so next few months going to be the big, big stuff for this because he is tesla. more than any ceo in this country, means more to country -- maybe bezos a little bit more to amazon, but he means more than any other company out there. stuart: so if musk is eventually out of tesla -- and we don't know that, but if he is out at some point -- you're tell thing me that tesla doesn't look like much of a company without him. >> they need to have some people in there that know how to run the cap company and do the better with the financials. by the way, tweet was bad enough, but he has been promising a lot of things for a couple years that never came through, and they're investigating that also. and if i was just giving a

guesstimate, i think he's worth about $100-$150 to stock price if he goes bye-bye. but keep in mind, this is going to be played out over a decent period of time. i'm talking a lot of months, so i don't think this happens anytime soon. but leave no doubt the stock price is going to take a hit and probably going to go lower from even here on the gap to downside. stuart: hold on one second for me, gary. susan, what do you have? susan: yeah. basically, this lifetime bad of being executive at a company for tesla and and elon musk, iley unusual. steve cohen, remember him? sec capital? paid a record fine to settle claims of insider trading. martha stewart went to jail, she was only banned for five years from being a ceo or an executive of any company, a lifetime ban, i mean, doesn't this seem excessive in this case? stuart: it's unusual, that's for sure. gary, one last one. citigroup says tesla stock could

test down to 225. that's about in line with your point of view? >> oh, i think it can go to 100-150. you've got to remember something, even with the drop today it has a market cap just a little bit less than gm, but gm has ten times the sales and makes a ton of money. remember, this is a money-losing company, and he is very lucky we're in a bull market and an easy money environment. if that that also changes, that's going to be a real -- i don't know a death knell for the company, but that's going to be the big trouble. they need to raise money in the next few months. they have a lot of bonds coming due, and if they can't raise that, there's going to be some serious issues, my friend. stuart: thank you, sir, thank you for being with us today. >> you're welcome. stuart: let's get to hearing that really did have the whole nation glued. judge kavanaugh was asked about things you probably thought you would never hear at a confirmation hearing for a supreme court justice. you better roll that tape. >> it appears to be your words, is it, in fact, your words on

your yearbook page? be beach week ralph club biggest contributor. what does the world ralph mean in that? so the vomiting that you reference in the ralph club reference related to the consumption of alcohol. and so when your friend mark judge said, put the same thing back to you, he had the same meaning, it was flatulence. >> judge kavanaugh, you drank on weekdays as well in high school, not just weekends. you drank on weekdays, yes or no, sir? stuart: i mean, really. a yearbook? teenage flatulence? drinking in the summer months as a teenager on a weeknight? ashley: vomiting. stuart: larry o'connor, washington time the associate is editor. what the devil's going on? >> pretty sure oliver wendell holmes, thurgood marshall, i don't think they were asked about these things. it was embarrassing. stuart: it was. >> but, of course, this was when the democrats were on their heels after that electrifying

and righteously indignant opening statement from brett kavanaugh. it really emboldened the republicans on that panel and i think in this country. and it was a much-needed fightback against what we've seen transpire over the last ten days against this good man. stuart: let's see where we stand now. as i've got it, we've got senator corker is a yes, senator manchin, who is a democrat, is maybe a yes. >> yeah. stuart: but it all hangs on senator jeff flake who's a republican. he's kind of on the fence, and he's a member of the judiciary committee. >> that's right. but the fact that manchin's even in the mix is very telling. he comes from west virginia, he's up for re-election in november, and west virginia is one of the most pro-trump states in the union right now. that's interesting because he could be there to give cover to a jeff flake or some other republican who might get cold feet. and remember this too, i know a lot of people are looking at this committee vote today. you know, clarence thomas -- who had a similar situation in the early '90s -- he actually did

not get a committee recommendation. they still took up that vote on the floor of the senate, and he did get confirmed eventually. so i think, listen, today is important. we'll see what happens. but the fact that they've already scheduled a vote tomorrow, stuart, tells me that leader mcconnell -- who is better than anyone in this town about counting votes, he's only failed president trump once and that was with john mccain's vote on the obamacare repeal -- i think he knows he's got the votes tomorrow. that's my hunch based on the schedule. stuart: larry o'connor, thank you very much, sir. we appreciate you being here. back to your money. where's that market going to open? down about 70 points now. okay, the trend is down at the opening bell this morning, but it's not a really big selloff. we've got amazon opening that new store in new york city, selling items from the web site but all rated four stars or higherful we're going to take you down to that store shortly. a big guest in the 11:00 hour, congressman kevin brady. there will be a vote on the tax

reform 2.0, a voted to, will it pass? and even if it does, isn't it dead on arrival in the senate? very important stuff here. we'll talk to him at 11:15. we're awaiting the vote from the senate judiciary committee on judge kavanaugh's nomination. the drama is going to play out on live tv just like yesterday. and you will see it right here. just like yesterday. we think it's time for the financial world to stop acting the same old way. in today's complex world, you need a partner that is driven to provide you with better solutions for these challenging times, one that is willing to disrupt the industry, and break free from conventional thinking. (thudding) we are a different kind of financial company. we are athene, and we are driven to do more.

stuart: the kavanaugh hearing, let's get back to it. joining us, congressman louie gohmert, republican from texas. good to see you, especially on a day like this. i put it to you are, sir, our nation is divided, and it's going to stay guided for the next two years, and there ain't much of a way to get it back together again. >> well, it really is tragic. i've heard some commentators, republican commentators say, you know what? the democrats are really going to regret when we apply this standard to them. but, stuart, we don't do that.

stuart: right. >> something this grossly unfair, we don't do that to people. it was an outrage. and you heard somebody earlier mention to you oliver wendell holmes? you know, it turns out he probably would have trouble today because we know in his9 0s he was standing -- his 90s he was standing on a street corner right near here when a beautiful woman walked by, and he had to kind of shuffle to watch her walk by, and then he shuffled back to his friend with winter in his hair and spring in his heart. he said, oh, to be 80 again. [laughter] so, you know, a guy that thinks that way would probably have trouble today getting confirmedded for the supreme court as he did the back then. stuart: am i allowed to laugh at humor like that, louie? i'm not sure i am, so i'm going to move right on. >> listen, i would be in trouble if i were trying to be confirmed. i really did, i wrote on four or five of my other seniors' yearbooks as you slide down the banister of life, please remember me as a splinter in your career. [laughter] stuart: okay.

>> so anyway -- stuart: no wonder you're popular, louie. >> it's getting really rough around this town the, stuart. and he's got to be confirmed. he's got to be confirmed. stuart: well, will he be confirmed? is there think doubt in your mind that he is? at the end of the day, there'll be a full senate vote probably next tuesday, any doubt in your mind that kavanaugh sits on the supreme courtsome. >> well, there's always reason for doubt in this town, but i tell you what, with differences lindsey graham and i have had, he was dead on, just spot on. and if he hadn't said what he did, i'd be a lot more concerned about people not having the nerve to vote for kavanaugh as they should. stuart: i believe that if we, if we deny kavanaugh be a seat on the supreme court, if he can be destroyed with a record like that, a family like that and and his faith with a 36-year-old, unproven allegation, if you can destroy him, none of us is safe.

we've lost a lot in america. >> you're so right. you're so right. this is a really, it's an important time of testing for the weak-kneed in the senate. stuart: and if we can deny the man a seat on the supreme court because of teenage flatulence and the yearbook that's 36 years old, there's something wrong with us. >> well, we know there's something wrong with us, but kavanaugh is a good man. this was completely uncorroborated. it goes completely against all of the things that this country has stood for since its inception, and this is no time to turn into some socialist state. stuart: well said, louie gohmert. well said, indeed. >> well, as i've said before, the only thing orwell got wrong was the date. it wasn't 1984. [laughter] stuart: he's just a fountain of sound bites. really terrific. you're a rival to senator kennedy from louisiana. you're really good at this. [laughter] that's a compliment. >> well, thank you. that is quite a compliment. stuart: he's a republican, okay?

>> yeah. and he's got a full head of hair too. stuart: don't mention that. [laughter] thanks very much, louie. always a pleasure. >> thank you, stuart. stuart: how are we going to open the market this friday morning? the dow's going to be down about 90 points. i don't know there's any single, big negative here, but we're dipping at the 9:30 open to market. yankees pitcher c.c. sabathia ejected for last night's game for beaning a batter. it is going to cost him a ton of money. we'll explain that for you. all eyes on capitol hill. the judiciary committee set to vote this morning on the kavanaugh nomination. you will see it happen right here live. cal: we saved our money and now, we get to spend it - our way.

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stuart: all right. we're still look at a 90-point loss for the dow industrials. we have boeing won a $9.2 billion contract to build the new trainer jet for the air force. boeing's a buck higher at 3 of 8. -- 368. today google's chief will meet with republicans behind closed doors. susan, do you know what this is all about? susan: this goes back to kevin mccarthy, the majority leader, and he's going to meet with 24 other republicans as well. this is the deal with the concerns of conservative bias in their web searches that the

president has mentioned himself. also this possible china-built censored search engine, or they're looking to build a search engine for china. and also, of course, just their size and scope when it comes to handling 90% of search traffic on the internet. so there's a lot to talk about. stuart: got a lot to explain. and the stock the still barely affected. i'm going to talk sports. c.c. sabathia, he lost a big payday after being ejected from a game. first of all, ash, how much? ashley: he lost $500,000 bonus. why? because in his contract if he completes 155 innings, he gets that bonus. he was two innings short. the yankees were up 11 runs at this point, but this is just the end of what was an escalating retaliation sequence. sabathia had hit someone, a batter earlier in the game on the hand. that triggered another fastball from a tampa player against the

yankees' batter that that just missed under -- a little bit of chin music, as they like to say in baseball. that angered sabathia. he said i don't care about the money, i'm for the team and then threw it straight at the batter there, the next batter up. so he loses the bonus. went to dugout and continued to shout -- stuart: but he completes two innings in the next game -- ashley: yeah, but we're almost at the end of the season. stuart: oh, season's over sunday. susan: well, he's a team player. ashley: absolutely. stuart: four and a half minutes away from the opening of the market. we're going to be down about 90 points, and you're going to see the market when it opens, and you're going to see that, you're going to see the hearing -- it's not a hearing, it's going to be the vote at 9:30, the vote for kavanaugh in the judiciary committee. they're just sitting down, getting ready now. we'll be back.

you're still here? we're voya! we stay with you to and through retirement. i get that voya is with me through retirement, i'm just surprised it means in my kitchen. so, that means no breakfast? voya. helping you to and through retirement. >> this is breaking news and it is about the vote that is coming up on -- judge kavanaugh, jeff flake republican, arizona, will vote yes on the nomination and the confirmation of judge kavanaugh for the supreme court repeat flake will vote yes. there are ten democrats on the judiciary committee there are 11 republicans.

all ten democrats will say no. it now appears that all 11 republicans will vote yes. that is dramatic news coming up a last just as everyone assembles on left hand side bang 9:30 on a friday morning we're off, running and right now we're down 30 points. that's a very early going. down 40, 30 points 26,400. i do not believe that the vote yes by senator flake has any impact on the stock market. i don't believe there's a financial collection there. but nonetheless, the dow is opened down only 30. futures indicated a loss of 90. okay, just saying. so the the dow is down .the 16% show me the s&p please what's that doing? s&p is down -- .18%, similar loss there and as for nasdaq with the technology companies, it is down a bit more. .21%. the stock of this day, no

question -- it is going to be tesla. the government is suing elon musk for fraud. the stock is opened 10% lower, 275 is the price. all right joining us now we have with us today brian brenburg and susan lee ashley webster i'll start with tesla bearing in mind the vote and the the judiciary committee so i might have to interrupt you shortly here. you have been a fan of elon musk -- but do you, does it look like he's out? >> he's probably out i think this is a stupid decision by the fe krrgs and terrible overreaction. i think elon musk clearly violated 10b five a rule on fraud and verbally that's not enough to satisfy that rule. i think it is how you punish him he's taken usa to be leaders in battery, technology and space to remove him from public office because fec is mad because he

turned down a offer harms our country. >> brian, what does tesla look like without elon musk? >> this is the problem tesla doesn't know. they've been burning through executives as fast as cash with no succession plan this is the the raw of the core of the company they're not going to know what to do and stock for all sorts of other reasons will take a huge hit they don't know what future looks like without him. >> so i would argue that tesla without elon musk is probably an electronic car company. with technology that some people have questioning so you do need man at the top. but it is highly indebted a highly indebted car company with a convert thabl comes due in november if they don't 560 a share that won't happen given where we're trading and then they pay another convertible next year that's almost close to billion dollars that they have to pay out in debt. and they have to hit 359 in order to avoid that i don't think that's going to happen either. >> so by the way it is now below that of general motors so --

let's reare pete city group says that tesla is on its way down to 225 dollars share. that would be 50 below where it is in early going. all right. that's where we are. let's check broader or market for a second down 50 points on dow industrials but do remember please big news from the judiciary committee lngd side of the screen e jeff flake has said he will vote on kavanaugh, that means 11 republican yes -- 10 democrat no. looks like he's going to have a committee. >> then they vote and now goes to full senate if -- that is the case. >> now that wasn't market reaction because there was no volume on new york stocks exchange as they watch the kavanaugh testimony. >> i should make very clear here that it is a yes upon confirmation it is not just the the -- judiciary committee vote, jeff flake is saying i will vote to confirm judge kavanaugh, and that will be in the vote of all

senators which is likely to take place next tuesday. that's according to them. so collins two -- republican senators, they are still on the fence we do not know at this point how they will vote. but we do know those two -- senators are not on comet. we know that the committee is solidly 11 yes, yes, 10 noes, got it. with us all morning and quite something i tell you that down 47 on dow jones industrial afnlg. mortgage rates a 7-year high. all right john, this is a big deal for awful lot of people is the era are of easy money flat out over? >> it is. yeah . and this goes back to additionally talked about with tesla so much money without musk they simply keact get it because appetite for risk out there is -- significantly so you have that going against you. you also have a rising rate environment and i think those two things together make the easy money over which is -- a head win on our economy. >> okay.

brian, forgive me for going back to the judiciary hearing but you know, when we were going into the show this morning, with looked like dow was going down 90 points. then we get the news that jeff flake will say yes and a the market is only down 39. is there any connection? >> well the market is all about the trump growth agenda and this issue has a bearing on the midterms which has a bearing on trump's agenda so yes, i think the market is watching this and saying okay there's some momentum here for trump's candidate that could spell good news on the margin for republicans we feel better about his agenda going forward. yes i think there's a connection but market is not obsessed with headlines but they do watch what's happen hadding. >> continuous but i get a point. come on guys. a little credit here. and there's on the upside protecting on a nonconfirms than actual confirmation. >> okay interesting situation, though, isn't it? politics intruding into money, again -- >> it does not much.

we're down 36 points that's it. left-hand side of the screen getting tense right there to vote on -- nomination i'm sorry they're going to bring the nomination out of the committee and that's coming up very is shortly. better take a look at nike it reportedly almost dropped colin kaepernick just months before putting him into that controversial just do it nike ad. that ad has boosted nike's value by 6 billion dollars. >> performer on the dow best dow component it have had year. >> all right you've got it. john, you're a sports kind of guy -- you own nike are you going to buy it? >> i don't. i think it might be a buy here. i was against colin kaepernick ad not anything to do with kneeling but a polarizing guy as your message because it was phenomenal with this commercial but nike seen the runup turns out what they did with colin was a incredible pr, a right thing to do for them but i would not be a buyer here. >> john revenue falling short at

veil resort i guess that's sort of a -- report -- [laughter] their reare sort and down 2%. okay. a physical big pop yesterday after jpmorgan started coverage with an overweight and a target price of 272. this morning it is at 225. how about the price of oil today it has been hovering around 72 up a bit 72, 32 price of gas has begun to rise. the the national average is 287 as we speak. that's up 30 cents gallon from one year ago. all right, j.c. penney chief money guy out after only a year. all right, professor -- well -- he's the third sea level person to leave this year am i right with j.c. penney doing the same thing customers are doing he's finding other opportunities. we don't know where he's going to go. he hasn't said yet but we know that previous executives moved over to home improvement space and may be headed there.

what in the world is j.c. penney doing that's interesting to anybody out there. besides the same old thing they've been doing. we've been talking about great news with with amazon nordstrom doing interesting things. j.c. penney doing nothing. the same -- >> here's what nordstrom is doing they're rolling out stores where you go to pick up an online order. gored online go down to pick it up a little store and -- no, no, no -- go ahead. but you talk about shopping? please -- indulge me. i like this because nordstrom isn't just having people pick things up from little stores they're creating experience where you go in and get your items tailored you have a drink and there's community kind of things. it is different than just selling stuff. is it totally radical no but it is better than what j.c. penney is doing. >> i agree but i think nordstrom is late to the game don't you think. amy dison has started this kroger the the grocery chain you want to talk about an intickty starting delivery.

>> up hill battle but at least they're trying to go up -- >> the chair of the judiciary committee is now speaking and go to hum right now. please. >> from -- can we have -- can we have quiet from the audience? i'm not sure who is talking own how loudly. but chairman grassley has called for quiet in the audience. >> there's somebody from the -- >> listen that can signal to me that the chairs are filled.

and that, that we can have some peace and quiet. i would like to start out today where we left off on september the 13th although this is a new meeting. but i was anticipating a lot of motions from the minority and we did have some motions from the minority. but if you remember, i said that i'll give the minority a chance to make their motions and then i was going to make a motion that we have a time certain to vote. and so i want to make that motion time certain to vote. but if there is a motion from the minority, i would recognize that motion first.

>> mr. chairman. like to make a motion to subpoena march the witness before our committee. >> let me -- >> i would be happy to speak to it but i wanted -- >> hold just a minute. would you -- could you make your remarks short please? and speak now and then we will vote. proceed. >> yes, yes mr. chairman. thank you. we heard yesterday from an extraordinarily courageous, strong, survivor dr. christine blasey ford. every one of us, i think about were rivet ared and powerfully impressed by her truth. we heard her provide details in that story that can be

corroborated and other facts that can be uncovered. if we hear from other witnesses who have very relevant important knowledge about what happened to her on that evening in that room. the third person allegedly in the rule was mark judd evidently never interviewed by the fbi and he's never been questioned by any member of our committee. he has never submitted a detailed account of what he knows. and so i move mr. chairman that we have him before this committee as a witness. he could be interviewed before hand on a bipartisan basis. i recognize that he has submitted a cursory con six

sentence letter not signed by him but from his attorney, and i believe we have a responsibility to subpoena at the very least mark judge before we move to volt. it is our duty to uncover truth after hearing yesterday that compelling testimony from dr. blasey ford and we cannot in good conscience vote without hearing at least from mark judge i would submit with all due respect mr. chairman there are other witnesses essential for us to hear from. we should hear from the sexual assault survivors who have come forward with credible and powerful stories. and that will be also in my view necessary but today i'm moving

that we subpoena mark judge. >> before we vote, i will read a letter that we received from mark judge last night as i stated in my, in my attorney barbara september 18th, 2018, letter. i did not ask to be involved in this matter. nor did anyone ask me to be involved. we've told a committee that i do want to comment when i told the committee that i do not want to comment about these wents publicly as a recovering alcoholic i have struggled with depression and anxiety as a result i avoid public speaking. brett kavanaugh and i were friends in high school but we have not spoken directly in several years. i do not recall are the events described by dr. ford in her testimony before the u.s. senate judiciary committee today.

i never saw brett act in a manner dr. ford describes. i am knowingly submitting this letter under penalty of felony mark judge witnessed by barbra, and he has signed it. >> thank you mr. chairman. mr. chairman, if i may respond. >> to rule on the motion -- >> on the the motion if i may respond. that letter is no substitute for an fbi interview. >> answer is -- >> mr. graham -- >> and it is no substitute for testimony before this committee. [inaudible conversations] [inaudible conversations] mr. flake -- [inaudible conversations] no. >> mr. kennedy. >> no. >> aye. >> durbin. eye. mr. blumenthal. >>eye. >> mr. booker.

>>eye. >> mr. chairman. >> no. vote 11 anyways. the motion is defeated now i move as i said i was going to do that we set the vote to report out judge kavanaugh's nomination at the 1:30 p.m. today. mr. chairman point of order. >> mr. chairman. point of order. >> violating the rule of the committee. yes. >> mr. lee. yay. [names being read] >> no because it violates the customs of this, of this committee.

>> mr. durbin. >> violate it is. no mr. lighthouse? >> no. >> no. >> no. >> blumenthal -- >> strongly october this is ridiculous -- no, no. no. >> mr. booker. >> ms. harris. >> they're not answer aing because this is so unfair mr. chairman. motion carried. i'll go to my opening statement now. >> we have an agenda with ten

judges who are ready to be voted on. brett kavanaugh nominated the supreme court, jonathan nominated the eight circuit, eight district court judges with two bills on the agenda. we will hold over s3178. the justice for victims of lynching act. we will vote on s2785, the deter act by senator durbin and graham this combats observancive election interference by foreign adversaries by dedying entry to any foreign national who has been deaned to engage in election interference. the amendment i would be introducing makes clear that the secretary of homeland security will make this decision on who has engaged in the election interference in the consultation with the attorney general. the director of national intelligence and the secretary

of state. any foreign national who engages or conspires to pen gauge in improper interference in our election should not be allowed to enter our country under any circumstances. except to stand trial. yesterday we heard testimony from dr. christine blasey ford and judge kv kavanaugh regard aring sexual assault allegations that date back to when -- the the two were in high school. it was difficult and emotional for them at the a end of the day about with the three witnesses dr. ford named denied any knowledge of the events she described. judge kavanaugh forcefully denied the allegations. the allege ad behavior is inking the with everything else we know about him. hundreds of people including women he knew in high school attested to his character and fundamental decent city as a

person in high school and now. he's widely regarded as excellent husband, father, friend, coach, professor and judge. he's an exemplary record of being at the forefront of women's advancement in the legal profession. and he's been through six fbi full-time background investigations and no issues of sexual misconduct were uncovered. it's a fundamental aspect of fairness and due process that the accuser have the burden of proving allegations. it's true, yesterday, -- yesterday's hearing was not a trial but trials have rules based on common sense notions of fairness and due process. not the other way around. a person had allegations made against him in a public way and his reputation and livelihood were at stake. it was only fair that his

accuser had the burden of proof in my opinion, this was not met. you folks that are photographers know you're supposed to sit down. maybe you just ought to leave the room if you "don't ask, don't don't know what the rules are. >> i found dr. ford's testimony credible and believe she sincere in the facts but i also found judge kavanaugh's testimony credible and sincere ultimately existing evidence including the statement of three alleged eyewitnesses named by dr. ford refutes dr. ford's version of the facts. there's simply no reason to deny judge kavanaugh a seat on the supreme court on the the basis of evidence presented to us. i reopen the hearing at the assistance of dr. ford and judge kavanaugh.

dr. ford wanted to be heard. and we gave her that opportunity. not one question to dr. ford was disrespectful in any way. she was treated with courtesy and dig ity as i promised her. but the questions my democrat colleagues asked judge kavanaugh were unequivocally and universally hostile. my colleagues first claim that the senate doesn't confirm supreme court nominees in midterm elections. the fast checker said that's false. indeed justice -- can we have quiet please? i would expect the same quiet for other people on the committee when they speak.

anyway, indeed justice breyer and kagan were both confirmed in midterm elections. then the second attempt was to argue that we needed to request all judge kavanaugh's executive branch records but they completely ignored the fact that we did not request all of justice kagan executive branch records indeed her most recent in relevant executive branch records from the general office were not requested. even despite the the fact that judge kavanaugh has spent the last 12 years on the the second most -- even though judge kavanaugh spent last 12 years on second most powerful curt of the country issuing 307 opinions joining hundreds of others we received over 4 80,000 pages of documents from judge kavanaugh

as time on the executive branch. this was more pages of suchments in the last five supreme court nominee combined. in short, it was a most thorough and transparent confirmation process at all. i'm going to put the the rest of my statement of the record because i'm sure a lot of people are -- are irritated right now and i'll let them express that irritation we'll go by seniority so i'll call on senator feinstein put the rest of my statement on the record. >> thank you mr. chairman. i'm very disappointedded that we're here today voting on this nomination especially in light of the system that we heard just yesterday. my republican colleagues spent their time at the hearing focus exclusively on policy and partisanship and process, argued that the sexual assault dr. ford experienced wases nothing more

than a democratic smear campaign that i'm orchestrating my staff and i accused of leaking dr. ford's letter which we did not. we were accused of leaking deborah ramirez's letter which we did not. we were said to have refused to participate in the partisan, quote, investigation end quote. yet it is the republicans who have refused to talk to deb rei ramirez or julie swetnick. republicans also failed to mention democrats were not notified and had no idea that chairman staff had been communicating with mark judge patrick smith leyland kaiser, and apparently at least two other individuals who have not been named instead democrats learned about this outreach when various letters or e-mails appeared in the press and in one case we learned about the republican staff outreach at the 10 p.m. the night before the

hearing. ironically, with my colleagues on other side of the aisle had gone so far to say this whole situation was nothing more than an teat at political theater. understand why they did that. the senate is a political body. however, i was shocked to see judge kavanaugh take the same tone and strategy. candidly in the 25 years on this committee, i have never seen a nominee for any position behave in that manner judge kavanaugh used political rhetoric as my republican colleagues ands what's more he went on the attack. he yelled at democrats for express our frustration for not having access to over 90% of his record and said that had some democratic members were, quote, an embarrassment end quote. he accused democrats of, quote,

lying in weight end quote, and replacing, quote, advice and consent with search and destroy, end quote and went so far as to say that dr. ford's allegations and that, quote, as and orchestrated political hit and anger about president trump in 2018 election -- and revenge on behalf of the clintons. end quote, unbelievable this was not someone who reflected an impartial temperament or fairness and even handedness one would see in the judge. this was someone who was aggressive and belligerent. i have not seen someone who wants to be elevated to the highests court in our country behave in that manner.

in stark contrast the person who testified yesterday and demonstrated a balance temperament was dr. ford an gave powerful testimony about her experience about being physically sexual assaulted by brett kavanaugh. she started by saying how she was terrified to be before the committee. and she felt it was the duty to tell us what happened to her. she recounted her experience. and i tried to yell for help when i did brett put his hand over my mut to stop me from yelling. this is what terrified me the most. and has had the most lasting impact on my life. it was hard for me to breathe. and i thought that brett was accidentally going to kill me. end quote. both brett and mark were drunkenly laughing during the attack. they seemed to be having a really good time another, quote,

brett's assault on me altered my life for a very long i was too afraid and ashamed to tell anyone these details and i didn't want to tell my parents that i at age 15 was in a house without any parent's present drinking beer with boys i convinced myself that because brett did not rape me i should just move on and pretend that it didn't happen. end quote -- she was poised, she was credible. and she should be believed. unfortunately, despite assure dr. ford her allegations would be taken seriously. and she would be treated respectfully, that is not what ultimately happened. as i noted in my statement yesterday, our colleagues on the other side of the aisle had their minds made up before one word was uttered. a week ago, the majority leader

declared, quote, in the near future, judge kavanaugh will be on the united states supreme court. so my friends keep the faith, don't get rattle ared by all of this. we're going to plow right through it. end quote, this was not about ensuring a fair process. this was about doing the bear minimum. and finally to my republican colleagues who are so upset about the time that has passed let's be clear. dr. ford asked for confidentiality, and that's what i did. we all know that if i had referred her allegations to the fbi, when she would not come forward, there would have been nothing to do. the fbi would have had an anonymous allegation with no name, no contact information and no way to follow-up. in addition, dr. ford's allegations were referred to the fbi on september 12th.

over two weeks ago, if the president and the republican majority had asked for the fbi to do an investigation at that time, like we asked, it would likely be finished by now. and most importantly, when judge kavanaugh has talked to republicans repeatedly, none of us have spoken to or questioned mark judge, patrick smith, leyland kaiser on polygraph examiner. none of us have talked to or questioned james roach lynn brooks, liz swisher, tom cain, or chris dudley. not one senator as far as i know has had the opportunity from -- opportunity to or questioned deborah ramirez or julie swetnick. my colleagues are right that we should not rush to judgment. and it is not fair to assume judge kavanaugh is guilty

without gathering the information. but it's equally unfair to have heard from a credible, poised and brave witness and simply ignore what we heard and move forward immediately. i don'tdeborah ramirez i don't w whether her allegations are credible. i don't know judy swetnick. i don't know whether her -- whether her allegations are credible. but i do know this -- dr. ford provided credible, powerful testimony that deserves to be considered and not dismissed as a partisan smear campaign which it was not. in my opening statement yesterday, i talked about the differences between me too and the year of the the woman. and i highlighted the seriousness of sexual assault and harassment. they started out by saying, i

hoped we would do better and show women that our country, our committee has, in fact, changed. this isn't a political battle for power as some have said. this is a serious undertaking with serious allegations. while the republican strategy is no longer attack the victim it is ignore the victim. the the entire country is watching now how we handle these serious allegations. it is, in fact, a real test for the united states senate and for our country to see how we treat women, especially women who are survivors of sexual assault. i believe we can do better. and i hope we are better. thank you. mr. chairman, i would like to submit for the record a longer statement that addresses some of the attacks regarding my office's handle hadding of

dr. ford's allegations an the republican administration. >> obviously, obviously without objection those will be included before i cull on senator since this keeps coming up about the fbi investigation, i would like to repeat what you've heard from me so many time but i guess we never get people understanding -- we -- we can't learn anything from the the fbi that we can't learn ourselves. the senate has their own constitutional duty and our own investigators to follow-up on these allegations. i'm not -- i don't think we should discredit the sentence constitutional duty of oversight as a coequal independent branch of government. if the people in the other side of the aisle sincerely want an fbi investigation i would ask

why -- they did not notify me of dr. ford's then confidential letter way back in july so the fbi could qaig weigh in and honor confidentiality and so would i, and i've had 38 years reputation of protecting confidentiality of whistle blowers, another stand of time for an fbi investigation is, as my democratic colleagues have called for or even more recently people outside calling for would result in another time of brutal attacks on dr. ford and judge calf that and their families they don't deserve those threats they're receiving and it is unacceptable. dr. ford is stated no objections to an fbi investigation so why

has need for an fbi investigation only come to our attention here in the last -- several days. probably less than two weeks it has been 60 days since dr. ford's letter was dr. ford letter was made public. then we've had some comment about why we didn't investigate ramirez when i learned of ms. ramirez allegations, i acted immediately to investigate them. unlike our democratic colleagues some of whom sat only our story apparently conducted their own private -- >> mr. chairman excuse me for interrupting but could we have order? >> in fact, i would grow on the order, the order would be that we go back and forth apparently you can have two republican speak and one democrat --

[inaudible conversations] >> that was the doing -- >> that's what absolutely. yeah. after i get done, and i'm not giving an opening statement but explaining as chairman ought to explain the work of the committee of people who don't understand it. i'll call on senator hatch when i'm done and you senator leeing. when i learned of this ramirez's allegations, i acted immediately to investigate them unlike our democratic colleagues some of who sat on her story apparently conducted their own private investigation resident share it with the chairman. i first learned of her allegations when it became article in the public new yorker of published -- late sunday evening september 23rd. my staff immediately contacted her counsel asking when she was available for an interview with committee investigators. the next afternoon monday september 24th, her counsel

responded that ms. ramirez, quote, as accurately relaided what she recalls to the new yorker. her end of quote -- her counsel added, however, that, quote, she would welcome an a investigation by the fbi into this investigation and would kroorpt cooperate with such and appropriate materials agree to be interviewed in person end quote over -- the 24th and 25th of this month my staff repeatedly asked ms. ramirez counsel two questions before setting up a call to discuss her allegations. so that such a call could actually be meaningful and useful. whether a number one whether she had, quote, any other evidence including other statements in addition to those that are contained in the new yorker article end of quote. and two, whether she was, quote, willing to provide her evidence including her testimony to

committee investigators, end of my staff made clear that it welcomed, quote, receipt of ramirez or anyone else's evidence in form of a letter or e-mail to the chairman ranking member, a letter or e-mail from counsel to the chairman or ranking member or a statement to committee investigators. ms. ramirez counsel has still not provided any evidence to committee staff if evidence emerged, we, of course, would proceed as appropriate. my staff also acted swiftly to set up an interview with judge kavanaugh he unequivocally denied ms. ramirez allegations. i reare great that my democrat colleagues again failed to timely bring this relevant information to his attention. the article makes clear that some -- democratic senators have known of ms. ramirez allegations for

some time. and quotes one democrat member of the committee as saying this allegation, quote, should be fully investigated end of quote. that is exactly what i have done, and what could have been done easier if senate democrats had not kept the information to themselves. and then my last one will deal with the swetnick allegation and came aware of julie swetnick claimed that judge kavanaugh involved in gang rape ring around washington, d.c. area in the 1980s my staff has been trying to obtain evidence of her claim and interview her since sunday. three days before she made her allegations -- >> i'll come away from the hearings for a moment and i want to turn to charlie gasparino with news on the legal team around elon mufng musk at tesla. what do you got? >> hiring or lawyering up --

he's hired a guy named chris clock former u.s. attorney who also got mark cuban out of charges but hired recently to add to his legal team. we also know that musk turned down a time limited ban from the securities industry or from workings at tesla as part of this deal so he really is looking to fight back hiring this guy now he has three lawyers but chris clock is key and helped mark get out of insider trading charges i think stock will go higher on this. musk is fighting back. >> okay. back to you. thank you very much indeed timely report. by the way, the the dow -- i'm sorry tesla stock is still down 11% but this news has to be digested. all right -- gregg jarret is with me. fox news legal guy kind of put it like that. >> you can. you were watching the hearings right there. and i saw chairman grassley sitting right next to dianne

feinstein. and without looking at each other they were going after each other. go. >> dianne feinstein is responsible for the national disgrace, the abomination outrageous behavior of democrats that have victimized not just dr. christine ford but brett kavanaugh and the american people. she's one who had this information for seven long weeks she hid it could have provided it anonymously or confidentially to the committee. there could have been a private and confidential discussion with dr. ford. it didn't have to go this way and so she bears the lion share of the blame for transforming this as kavanaugh said from advising consent to search and destroy. >> hold on a second greg. inside the chamber, the temperature is rising. there is real conflict there and

temperature is rising outside the chamber as well because some democrat senators blumenthal, harris, walked out of hearing room walked out of the committee room, and are now holding forth to the cameras outside. they are angry. they wanted to delay many this vote. they haven't got it. there will be a vote to get the kavanaugh nomination out of the judiciary committee at a 1:30 today. when that was implemented when that was stated it is a vote at 1:30, that is when the democrats started to leave. looking now at herono blumenthal harris right in front of the microphones outside of the hearing room. the temperature is rising all over. now i go back to tesla for a moment. that stock is -- no, okay can we listen in please i think this is important stuff. >> figured that would be to their advantage. >> i'm sorry. whoever heard of a supreme court justice supposed to be on court to be impartial to be that

political it was so nakedly political and when he came up for his nodges nomination hearing in 2006 there were concerns that he was a political operative and showed that in yesterday that that's what he is. we do not need a political operative being on the united states supreme court. >> talking about that what we saw yesterday was a coordinated effort to change the conversation. away from -- the brave courageous survivor of sexual assault because her story was so intensely undeniably credible to a partisan attack. and what judge kavanaugh said yesterday was also a completely change from his saying initially at his first hearing there's no republican or democratic side on the supreme court. now, it's a left wing conspiracy

city out to get and that is demeaning to grave survivor who is have stepped forward. maics sense topic when, in fact, they are belay tangtly. >> i want to get back to tesla as you heard from charely gasparino elon musk is lawyering up this is in the face of an fec charge of fraud against elon musk for that tweet that he sent out where he said, funding secured. the fec says no it wasn't. and that's fraud. and investors were hurt. where are we going with this right now stock is down see%. >> lifetime ban and limited press few times this has ever happenedded and this is as i said excessive if you look at what happened with steve cohen and fec capitol pay largest fine and e alleged insider trading in history. he was basically banned for two years from taking an pecktive

role martha stuart went to jail five year ban and i can go on as well. mark cuban acquitted of wrong doing and taking up the same lawyer. >> same law, so lawyered up. fighting back -- ferlg he's fighting back that's okay. from charlie. gregg jarret covers kavanaugh hearing and tesla. jack-of-all-trades here. what do you make of this fec charge against tesla? against say musk he's in trouble. >> his only defense is misthat is to say that oh gee i kind of screwed up but there was no -- malicious intengt i wasn't trying to manipulate the stock price but look as a corporate officer he has a fiduciary responsibility to be on it and fec is going after him accusing him of not being hobbs. >> i was surprised when i saw the fec spokesperson stand up yesterday and say, by the way, elon musk used the expression

420 as the price that you wanted to take tesla private. 420 is the word used often for reference to marijuana. and the fec guy said musk did that. he called it a 420 to amuse his girlfriend. erchtion yeah, and that is why it would be a little bit better it basically says, you know i was negligent. but there was nothing intentional on my behalf. lawyered up that means it spins itself out and spin itselfs out for a very long time. >> but he has to raise enormous amount of money -- soon. >> liabilities are almost 2 to 3 billion ahead of asset or cash or basically cash assets turn into cash, and convert due in a few minutes 200 million and then another convertible next year at one billion if he doesn't hit a

stock price limit and far, far away from that. >> very hard to understand how someone would lend that kind of money. >> highly indebted to a company where future it was fraud. >> cloudy right now, and i mean stock is still down 11% you're arranged 272. should tell everyone that earlier this morning citi group said look that stock is the new target qowb -- 225 dollars per share. way below where it is even now. and it is down 11%. big trouble wait a second i have more breaking news, edward lawrence is with us you have breaking news on trade. tell us please. >> we're talking about the u.s., mexico agreement i've heard from two sources one on the house side. one on the senate side we're familiar with the trade negotiations that have been going on saying that they are expecting as early as today to get the final language of a u.s.-mexico trade agreement. as you know, with that was the going to be revised nafta but

canada sell off of that this week. the president rejecting a last ditch effort by justin trudeau prime minister candidate to try to talk this out. president saying candidate just wasn't serious. they have a number of demand that just couldn't be met. but now we've learned that as early as today that final language is going to be about in. that language does have to be congressional committees by the 30th of september. by sunday, in order to keep that fast track timeline going. they would like to get that fast track timeline in order to get this revised agreement signedded before the new mexican president comes into office. varney. >> thanks very much indeed edward that is a positive news on trade, i would say. not having much immediate impact on the stock market as we speak. we're down about 8 points for the the dow jones industrial average i want to bring you lindsay grasm senator there who had something to say about proceedings in the kavanaugh judiciary inquiry. let's roll tape on that, please. >> cory gardner received a

anonymous letter with no postmark and he brought it over to the committee several days ago. about alleged incident in 1998 in a restaurant with no details of who it was and no postmark. but he felt like he should turn it over. all i can say is that an anonymous letter if that can make news and, in fact, the outcool of -- outcome of the committee were going to destroy the process, what bothers me about nbc is that he ran with it and what bothers me is somebody on their side gave it to you. you would never have done that. to the democratic nominee. so my friends at nbc, don't write off conservative concerns about nbc to roger l.. you need to think long and hard about what you did.

about the invitation the customs of the committee, chairman grassley bent over backwards to make sure that ms. ford could be heard. and any time of her choosing that a location of her choosing and i was stunned to hear from dr. ford that she did not know it was available to her to testify in california under the conditions that she would request. i find that almost impossible to believe. and i don't doubt her. but i've got communications for that offer was made numerous times why wasn't it accepted? stayed consistent debacle witnessed yesterday and inconsistent when move this is thing forward that's all about delay. so to my good friend senator lei

hi i don't to hear about cuss tolls of this committee, i don't to hear anymore about an fbi investigation. if you really wondered what the fbi could or should do, you would have come forward in a timely manner, the if i is not going to tell us anymore than we know now. as to the accusations, i went through all five and i would say this. there are no statute of limitations in maryland regarding sexual assault. so if somebody wanted to pursue this case, they could go to the appropriate officials in maryland to pieptiond out what town it happened and when it happenedded. and you can make a complaint against judge kavanaugh. if that is taken to court and i'll be first to say we should look at judge kavanaugh i'll be in the nba before that happens that's how you handle

investigations everything about this in my view has been the low, lowest point of the committees since i've been here and it has just ranked with politic and nobody really cared about dr. ford and nobody really cared aboutbred calf that when i hear my democratic colleagues hopely say if we can delay this past mid-materials we take back the senate. we keep this senate unfilled. this seat unfilled -- there from lindsey graham disgusted. judicial crisis network attorney, gail thank you very much for being with us there is a strong reaction going and brewing here. to these last minute accusations and the constant call for an fbi investigation. what do you -- how are you seeing this? >> well senator lindsey graham had it exactly right, and it is

a brazenly unethical sham that the senate democrats have mounted this smear and delay that's nomination. and you're going to see the committee vote this afternoon to confirm judge kavanaugh. because there's no one absolutely no one who is more qualified be on supreme court with impeccable repetition and good character and senate democrats have tried everything they can in a desperate pathetic attempt to smear this good man and we saw that the hearing yesterday was less about dr. ford's credibility as a person. and more about the credibility of her claim and i want to underscore with senator graham that of the three people that she named as witnesses not one of them, not one of them agreed with her claims. there's no evidence. >> so senator feinstein earlier this morning express some anger at judge kavanaugh. because he had questioned some committee members yesterday and gone after him to some degree

and argued with with him. is that a legitimate thing for supreme court nominee to do? >> no, and particularly not given evidence that kale out at the hearing that dr. ford was referred to her lawyer by senator feinstein's office which we also know that senator feinstein sat on this information about this allegation for more than 6 weeks. she had many opportunities to question judge kavanaugh about about it. and not turn it into the national disgris and circus that it was yesterday. and for her to criticize judge kavanaugh for coming out and very powerfully defending his honor, his family's honor and honor of his friends and his high school and the people that are in his community. it is shameful that senator feinstein would make that statement today. >> i've got 30 seconds. real fast, is the -- s at at fear for future nominees to supreme court utterly poisoned? >> you heard judge kavanaugh explain that they were unsuccessful at him so they have

to go to this completely outrageous trying to just completely disaim this man and he was able to rerebut that even though burden of proof shouldn't have been on him but he took up challenge and he delivered yesterday. >> gail thank you very much indeed for being with us today. appreciate it. >> good to be with you watching senate judiciary committee meeting since 9:30 this morning. jim, ohio congressman run for senate against leftist sherrod brown, i want to know if the people of ohio want kavanaugh on the supreme court or not. more varney after this. now i'm thinking...i'd like to retire early. let's talk about this when we meet next week. . . .

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stuart: two big storeries watching for you. judiciary committee meeting ahead of the kavanaugh

nomination vote. that vote is 1:30 eastern time this afternoon. several democrats walked out of the meeting to protest that anymore news from the committee hearing you will get it real fast. move on to tesla. charlie gasparino says elon musk hired a former u.s. attorney for his legal team. it is the same attorney that helped mark cuban avoid insider trading charges. tesla stock still way down. joining us on the phone, colin rush, oppenheimer analyst who follows tesla. you have a buy recommendation on tessa. is it still on? >> yeah, absolutely. we're looking at fundamentals for the company. the legal wranglings are an overhang on the stock. reports are around potential settlement have implications here. there is still a lot to be sorted out but the meantime we're seeing really significant ramp in production. i think pretty healthy gross

margin. we'll get that news next week. as we look where we can be value-added to the our clients we're looking at fundamentals and potential cash flow. stuart: you're saying next week we get the production schedule and product outcome for the model 3, and that is going to be enough to prop up the stock? that is what you're saying? so ignore the legal fight about musk and his tweets. >> let me interrupt. i'm not saying ignore the legal front. you have to consider it in the whole. tesla's brand is very, very closely tied to elon being in a very prominent role with the organization. what we're saying is that the legal risk is hard to quantify at this point and we're going to find out a lot more over the coming weeks. we think they will move quickly toward as settlement that involves elon still being actively involved in the company. stuart: okay. >> in the meantime the news flow will be around fundamentals for the company which we are

actually bullish on. stuart: can i get back to the production of the model 3. there is a trade magazine saying tesla has achieved its production goal with two days to spare. is that the same kind of thing you're seeing? >> absolutely. we're seeing an awful lot of cars coming out through the distribution channel. we're seeing a lot of very happy customers at this point which is different than what we were seeing earlier this year. we upgraded the stock after the last quarter largely on the gross margin guidance. as the guys ramp up to the higher volume of production there is a fair amount of cash flow that gets generated on a per car basis and if that is the case at high volumes they should hit the cash flow, break even or better metrics on the economics. stuart: okay. >> the big question from us from a cash perspective, cash x, how they handle that. we'll look for volume production. looks like tuesday these numbers come out. then gross margins, what they

say about cap-ex. stuart: colin, thanks for joining us this morning very insightful information at the last minute. appreciate night thank you. stuart: switching gears completely, back to politics, pure, naked politics, republican jim recognize -- ren nays system you're running for the senate. how do the people from ohio feel about kavanaugh on the supreme court? i'm sure you will say yes, put him on? >> well, stuart, good morning. again from what i'm hearing from the people of ohio with what the process what is going on. i had somebody call me yesterday, do you really want to go there? i said absolutely, i want to change the process, change what is going on. hypocrisy of what is going on. we have raised a standard of conduct, if anybody has an al decision -- allegation. hold on a second.

senator graham is speaking. if you had one last conversation before you die you would want to have it with joe. you would be around for a while. he is a decent guy. if he runs for president he would be hard to beat. he came to senator thurmond's funeral and gave a long eulogy. i asked him, joe, that was incredible. this can't help you in delaware. i just liked old guy. i didn't agree with him and i didn't like some of the things he did in his life but when i was down and out he was there for me. and to my colleagues on the other side this will end and we'll see what we do next. i hope we can muster the ability to move forward but some observations about where we find ourselves and how we got here. i wrote a book and i think senator blumenthal is the only person i know that actually read

it. it was online. i ran for president and i got 1%. so i have had my time to be president. didn't go very far and i lost. i didn't think trump would win. i ran out of adjectives to describe about how i felt about his campaign. well he won and i lost and he's president. and i will try to help him where i can. say no when i must, and the election is over for me. i would like to tell him that you had a choice to make for the supreme court vacancy of justice kennedy. i think you did a good job, mr. president. the for somebody who supposedly crazy and there is chaos everywhere he did a good job here. now why the difference between gorsuch and kennedy, excuse me, gorsuch and kavanaugh? it is the kennedy seat.

you don't get that you are not paying much attention. gorsuch is an even swap for scalia. this is high stakes stuff. right? this is the seat. where the guy in the middle is at risk. kavanaugh clerked for justice kennedy. would you have picked him? no. but you lost the election. and that does have consequences. when i said it about obama winning, i meant it. merrick garland. scalia dies in the election year, the last year of the term of president obama, the primaries are already underway. not in 100 years has been nominated under that circumstance. i don't think i did anything unfair with garland. as with sotomayor and kagan, i

was told on our side, keep them off the court because they will be a pro-choice vote. they hate guns. on and on and on. i tried to go back to what this committee used to do. strom thurmond voted foreginsberg. you never convince me because believed in her philosophy. i think he saw her as qualify person. fritz who links voted for scalia. same is true, 96, 97 votes. what's happened? most of the nominees to the supreme court never had a hearing. it was always just assumed they're qualified and they're not hacks. that they're going to go forward. elections do matter. when it comes to president trump elections do matter. now, about the law, and to my friends who have been prosecutors. i've been a prosecutor. i've been a defense attorney and

i've been a judge. every woman who has been victim ized needs to be heard, count me on 1000 times over. count me in for the proposition for everyone woman who comes forward, only god knows how many women and children go to their grave with the abuse. if you don't realize that you just don't know this area of life. but you're going to be heard in the united states. i had a young man accused of sexual assault when i was in the air force as a defense attorney. the case eventually fell apart and he almost killed himself. i had women who have been gang-raped and didn't want to testify but they did. along with counselors i sat up with them all night. tough stuff. emotional. who to believe? i've been doing this legal stuff

most of my life. i have never heard a more compelling defense of one's honor and integrity than i did from brett kavanaugh. he looked me in the eye, everybody in the eye, and he was mad, he should have been mad. he can tell you where he was at what he was doing in high school in a way that just blew me away. brett kavanaugh and women. if you're a gang rapist when you're a sophomore and junior in high school, you don't let it go. every woman who actually knows brett kavanaugh has come forward to say he is not that kind of guy. he has been at the highest level of public service, under tremendous scrutiny, six fbi investigations and we missed the sophomore junior gang rapist. we didn't miss it. it is much garbage. we're in "the twilight zone" and

here's what i would say. miss ford, all i expand say about miss ford, i feel sorry for her and i do believe something happened to her and i don't know when and where but i don't believe it was brett kavanaugh and as a prosecutor, you couldn't get out of the batter's box because in america before you can accuse somebody of a crime, you have to tell them when it happened, and where it happened and you have to beyond a reasonable doubt it did happen. the reason this case will never be brought in maryland or anywhere else, you just can't get there. if you wanted to get a warrant, which is a probable cause standard to search or arrest somebody you have got to prove by probable cause where it happened and when it happened. how are you supposed to defend

yourself is the burden really on you to prove that you were not at a party 35 years ago and they won't tell you where it was and when it was? so all i can say, is that under any reasonable standard, any concept of the rule of law, this would not go forward. there have been five allegations here. the fifth allegation was brought to me by senator whitehouse who did absolutely the right thing. somebody contacted him in rhode island and said, a friend of his was on a boat with mark judge and brett kavanaugh and they treated her badly. he went down and beat them up and she won't come forward. i said well, i will make sure, i will join with you, let the fbi look at it. and turned out not to be true. the fourth allegation was anonymous allegation, a letter without a date or a return

address sent to cory gardner just a few days ago. he turned it over to the committee and somebody on that side leaked it to nbc news and it made it on the news, the four four -- the fourth allegation. that really bothers me. i don't know what is going on over there, that is not right. it was somebody over there. now about miss ford, i feel really bad that she wanted to remain anonymous and could not. the one thing i know for sure is that dianne feinstein would not do this and did not do this but i know for sure somebody did. it wasn't chatter from a friend. three groups had this letter that was requested to be anonymous.

dianne feinstein and her staff, the congresswoman from california and her staff, and the lawyers. somebody betrayed her trust and if you can't figure out why you shouldn't be driving. to delay this hearing, to set in motion the destruction of this man to keep this seat open past the election. that i know beyond any, any doubt. what else do i know? about fell out of my chair when dr. ford said yesterday i didn't know you would be willing to come to me. the email interactions between this committee and her lawyers, my staff would still welcome the opportunity to speak at anytime at any place convenient to her.

come to us or we to you. i'm willing to have my staff travel to dr. ford in california, or anywhere else, to obtain her testimony, september the 19th. well that wouldn't fit in the plan. it wouldn't be public. and it would get over with than sooner than people wanted. i don't know what to believe but i tend to believe that dr. ford did not know about this invitation, and i've been a lawyer most of my adult life and somebody needs to ask the question, to her lawyers, how could she not know about this? are you beginning to understand what has been going on for a very long time in this case? it is not that hard to figure out. so if this is the new standard,

the accusation proves itself to those who want to ask questions, you hate women, god help us all. if the flue standard for the committee there is no presumption of anything, that you have to prove why somebody would accuse you, not just say i didn't do it, here's why i didn't do it, but you got to prove the motives of your accuser. god help us all. avenatti moment, tells you what is going to happen if we keep this farce going. plenty of time, plenty of opportunities to get to the truth. this has never been about the truth. this has been about delay, and destruction. and if we reward this, it is the

end of good people wanting to be judges. it is the end of any concept of the rule of law. it's the beginning of a process that will tear this country apart. and if i am chairman next year, if we keep the majority and senator grassley moves over and i hope he doesn't because i think he has done a great job, and i will remember this. there is the process before kavanaugh. and the process africa -- if you want to delay things for the next election you will not.

if you try to destroy somebody, you will not get away with it. jeff is leaving. he has wrestled with this he is trying to be fair. i cannot tell you, jeff, what happened 35 years ago. i can tell you this. that through any legal system this thing would not get out of the batter's box, everything i know about judge kavanaugh screams that this didn't happen and all the other things. so to my good friend, friends on the other side who are struggling, i think an fbi investigation is going to do nothing. it is not going to tell you anymore than we know now. it is just going to keep it going and going and going and he breaks and he won't.

and to the next side that comes forward. i'm going to vote yes and i'm going to tell his two daughters, that i'm proud of your and and really, really, believe he is a good man. and i'm going to tell dr. ford i'm sorry you had to go through this too. >> senator durbin. >> thank you, mr. chairman. thursday was an historic -- stuart: that was senator lindsey graham who lit up the airwaves yesterday with his dramatic yelling at fellow democrats or other democrats on the judiciary committee, repeating virtually the same thing that he said yesterday. jim renacci, republican candidate for senate? the great state of ohio, still with us, listening throughout all of this. , senator graham said the beginning of the process that will tear this country apart and

it is going to keep going. that is a bleak outlook, mr. renacci. is there a way to turn it around? >> people in ohio are upset, republicans, democrats, independents, is saying the same thing. we n.o.w. have a standard of conduct even be substantiated allegations than bring somebody down it is said. especially individuals on the democrat side like ellison or parnell. i give my colleague in the house, tim ryan some credit. he told parnell, who is running in, i think south carolina, he needs to step down because of actual, actual alleged abuse. we also have the guy from i'm running again sherrod brown, has actual alleged abuse. we better be careful they set a standard of conduct, they don't look to each other, wait a minute, if we do this to judge kavanaugh we better look at people around us. the sad thing they won't look. that is why people are so fed up

back home. stuart: i think judge kavanaugh will receive a lot of sympathy because it is quite clearly true that his life, career, family, and children have been severely denigrated by the charges leveled against them the delay in the hearing process. how do you feel about judge kavanaugh? >> i think he is a fine, up standing individual. i side this all along, what senator lindsey graham happened. something happened in dr. ford's life clearly. there is no evidence to prove it was judge kavanaugh. there is a lot of evidence to disprove yet we're still going down this path. i think he is a fine man. he is a great jurist. this is the time we need to move forward in this country. we need to get him, we need to get past this and get him approved and move on but again as senator graham said, this is not about him anymore, this is about people not accepting that donald trump was elected the

president and he is our president. he is doing a great job moving our economy forward. we need to move this forward and get this done. stuart: jim renacci, thank you very much for joining us this morning at a key moment i think in america's history. thanks for being here, sir. appreciate it. tammy bruce is with us, now, independent women's voice president thereof. there is strong, i'm going to call it condemnation of the democrats from the republican side. i got it but this is strong stuff. i have not heard this kind of thing in the senate before. >> a lot of us are kind of shocked, retweeting lindsey graham. those of us who come from the category, mitch mcconnell, lindsey graham. this shows you the universal acceptance of judge kavanaugh, that people who also have not liked the president are coming forward. you heard senator graham's statements about the president. winning does matter and you know we've got the nation's business to handle. there will be a reckoning. the american people saw this and what they saw inherently across the board was a lack of

fairness. this was mean. it was bullying. it was unnecessary. it was obscene. senator feinstein and her staff will have to deal with what it is, how they handled this the fact in a way treated this algation of dr. fords like an ied, to wait, after. if the regular order did not work we'll use this as a hail mary, not caring about the impact on people. if they do that with people in front of them, imagine the decision-making with the average american they will never meet? americans need to take that in mine and vote midterms. this has changed the interest secondtry of the -- trajectory of the midterms. stuart: in the judiciary committee it was announced there would be a vote 1:30 this afternoon. several democrat senators walked out, among them senators hirono and harris. they went straight to the microphones outside of the hearing room and said this, roll tape. >> the american people have got to rise up and recognize this

railroad job for what it is. i just, i have no words left. you know that we've all been very rational and reasonable. we're always being told why don't you observe decorum. are you kidding me? >> can be summarized, no rules, no rules. no norms. no respect. >> exactly. >> what we're going to do is make our case to the american people because they will rise up. the american people are on our side. that is what we're going to do in the next 24 hours. [applause] [inaudible]. >> will you actually be at the vote at 1:30? will you be in the room when they vote at 1:30. >> i will be at the floor of the senate giving a statement i would have made, what a sham it is, to put this person on supreme court with this cloud. out don't you think one person got there on the supreme court under this kind of cloud, we'll put another person there without

investigation that at minimum should have occur. >> so your seats will be empty at 1:30? >> i haven't decided yet, you know. >> we'll do our constitutional duty in the best way we know. >> let's be clear about something. this is part of the, about them ramming it down, we have a democracy. there should not be tyranny of the majority. we have a democracy. and there has not been a fair process in place, from the beginning on this. it should not be about raw power, influencing the outcome of a decision that is about not only a statement about what we hold as being precious and important about our system of justice, but who will sit for a lifetime on the united states supreme court. this has been about raw power. you're seeing that in display in this hearing this morning. you've been seeing it from the process from the beginning. failure to give us the documents. failure to interview all the witnesses. failure to give us the ability to do a sufficient, background

check, to know who this individual is. it has been pushing and pushing and ramming this thing through, because they have the power, as opposed -- stuart: strong stuff indeed from three democrat senators. tammy bruce, blumenthal, senator blumenthal said we will rise up? >> have they no shame? here is a man who lied about serving in vietnam his service there. senator feinstein who employed a chinese spy for 20 years, not just as a driver but as an effective aide. these people are, it is remarkable the fact of the matter is, is that they have been responsible for this debacle. they are the ones who have had, when you talked about rules and norms, these are the same people who said a man is going to be guilty and have to prove his own innocence. they're complaining about an end to rules and norms and how the american society operates. all of this is theater. it is stunts but also an

abandonment of what this country stands for, what americans want. they recognize, they're relying on americans not being fully informed. when she said we didn't get all the documents. are you kidding? the people that withheld the main document that led to this debacle, americans are informed. they will see this for what it is and we've got obviously make sure the american people understand, who do they want in charge here? those kinds of individuals or, conservatives, a least republicans who need to become better. stuart: real fast. yesterday and again today was democracy that we could see. every single american who wanted to be informed about these hearings could see it, watch it, as it happened. tens of millions of people did. they're doing it again today. this is democracy in action. >> it is. stuart: nobody should be complaining about this. >> it is. you have to make judgments. some of this is not normal. i have to say thank goodness for that hearing because they did

finally see judge kavanaugh, in the first hearing they obscured him with protests. stuart: out of time, regrettably, tammy bruce. there will be i promise you this, there will be more "varney" after this. >> yeah. cal: we saved our money and now, we get to spend it - our way.

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the same old way. 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. stuart: whoa, what a week. monday, new, unproven, uncorroborated accusations leveled against judge kavanaugh, leading democrats pronounce him guilty. tuesday, president trump addresses the united nations. an american president announces america first. wednesday, anton niching presidential news conference, rapid fire, direct answers to any and all subjects. oh so different from the obama years. thursday, the nation glued to the kavanaugh hearing. stand out moments, dr. ford 100% sure it was kavanaugh who assaulted her. the judge defends himself, attacks democrats for what he called a calculated, orchestrated, political hit.

senator lindsey graham capped it all off with this. to my republican colleagues, if you vote no you will be legitimatizing the most despicable thing i've seen in my lifetime in politics. as we speak the judiciary committee is meeting, ahead of the vote to send kavanaugh's nomination to the full senate. the vote, 1:30 eastern time this afternoon. what a week. we've got it for you. buckle up. it is not over, the third hour of "varney & company" starts now. ♪ stuart: left-hand side of your screen we're monitoring the judiciary committee meeting on capitol hill. wheel monitor that shortly. we're 45 points. tesla new developments from the sec charges against elon musk .

>> ceo of tesla. he turned it down. he turned around and hired a guy named chris clark, a former u.s. attorney, former assistant u.s. attorney, works at latham right now. he got mark cuban off the s-ec charges everybody thought it was a slammed dunk case against him. he fought back. this guy clark is a killer. i'm not saying he is going to win or casting judgment. i'm all telling you, elon musk

is saying screw you regulators, i'm going to the mat. he turned down a settlement as technical creative advisor. could have done that he said no. he is fighting this out whether this is good for the stock, i can't tell you. a lot of this is based on number, stuart. the numbers are not adding up, stuart, they owe, if the stock doesn't get to 360. they will owe convertible bondholders a billion dollars. where will they get that money? stuart: a trade magazine came out and said they will meet the production goal on the model 3 with two days to spare. that is confirmed by colin rush who is a tesla analyst. he is saying buy that thing. maybe they get the money from selling all of these model threes that they want to sell. >> can they get a bill? i don't think so. i don't think so. stuart: that is one goal they have been aiming for, the one goal he actually hit. >> listen, this is such a vanity

stock, a cultish stock, if he reaches those numbers, it is possible he can buy time get the stock above 360. theoretically possible. this will be a very hard. this is troubled company. he is under pressure. the only thing i can tell you, this you think the board would have stepped in by now hired a number two. just in case. that is something weird about this board. this shows you how bad corporate board are. you can't trust them this is calling out a number two that can be a number one. it is not going there. stuart: this is an incredible story, this is the number one guy, entrepreneurial guy, visionary guy and he might be out of the company he founded. >> when you talk about being a visionary, i don't remember steve jobs taking billions of dollars to build his vision of apple. i'm saying there is a lot of gray matter with tesla. stay tuned. we'll stay on top of it. i think this thing with clark is

major development. he will fight it. he turned down a two-year ban. i would have taken that. if i were the board i would have told him to take it. stuart: charlie, we do thank you very much for coming in the studio this morning. >> anytime. stuart: the stock is down 12%. all right, back to the judiciary committee meeting, listen to what lindsey graham had to say a few minutes ago. roll that tape please. >> this has never been about the truth. this has been about delay and destruction. and if we reward this, it is the end of good people wanting to be judges. it is the end of any concept ofrule of law. it is the beginning of a process

that will tear this country apart. stuart: strong stuff. chad pergram, fox news capital hill producer. when it comes right down to it, when the senate ultimately votes in full probably next tuesday, is it just two republican senators still holding out? is that where we are in the count? >> officially it is two. susan collins of maine and lisa murkowski of alaska. put asterisk of mike enzi republican from wyoming. he doesn't announce his positions on votes until they take the roll call. aboutbrett kavanaugh was closer. it was looking pretty bad after the panel. bob corker republican from tennessee announced he was a yes. dramatic announcement before the judiciary committee started this morning jeff flake announcing he is a yea as well. that gets him much closer, stuart. stuart: what about joe manchin. all kinds of talk maybe he could

be a yes vote. what do you know about that? >> there is huddle, a huddle with flake and mansion and collins and murkowski last night. we don't know, some people also thrown joe donnelly the democratic senator from indiana into the mix as well. both he and manchin are democrats up for competitive reelections this fall. to give you a sense how tough this is. i found jeff flake in the basement of capitol, you could tell from the body language he was anguished about the decision. i still have things to process. does that mean going through paperwork, going through testimony, to prayer? he didn't even want to weigh in. with flake saying he is a yes. he should get out of committee with a favorable rating. it should be 11 to 10. it propels to the senate floor after they get through procedural hurdles there, they officially start the debate on the nomination on saturday. stuart: seems to me senator lindsey graham is leading the

charge for republicans and for brett kavanaugh. >> there was a big shift yesterday. republicans were pretty sad about their chances to maybe get kavanaugh on the court after the first panel, after hearing from christine blasey ford. kavanaugh came pulling no punches. he was backed up by lindsey graham. you kind of compare it to a sports team. the team is down in the 8th or 9th inning the captain comes in the dugout to rally the troops. that is a little bit what lindsey graham seemed to be doing. with the votes of corcoran and flake, it seemed to have helped for kavanaugh. stuart: seems the republicans are scoring the points, not the democrats. that is my judgment. what is yours? >> that is the issue right now, the question is longer term game. the back of the judiciary committee room this morning, there were about 20 house democratic women who came and they stood in the back of the room. this is reflective what happened in 1991 where there was much smaller contingent of house democratic women. they came over to the senate to protest what was happening with anita hill and clarence thomas.

these house members came. what happened in 1992 of the ballot box, year of the woman. they might not have to wait a year. midterm elections come four 1/2 weeks. stuart: chad pergram, busy guy. one day you will get sleep. i want to get back to the markets to see what is going on with money. nike, reportedly, almost dropped colin kaepernick, just months before they put him into that controversial just do it ad. that ad boosted nike by a billion dollars. the stock 85 bucks a share. vail resorts fell 3%. apple got a pop after jpmorgan started coverage. they called it overweight rating. i guess that means buy that thing. they have a price target of 272 by the way. it is at 225, up slightly.

s.e.e.r. traded below one dollar a share for the first time ever. i'm not sure you can stay listed below one dollar per share. ashley: you're right. stuart: 92 cents on sears. ashley: it wishes $92. stuart: of course we're monitoring the judiciary committee meeting. they are now voting be they will vote at 1:30 p.m. eastern today. when there are fireworks in that room, i promise you we will bring them to you. markets right now, the dow is up 41 points n washington a house vote on tax reform, actually, 2.0. up next we'll talk to kevin brady. he is the head of the tax-writing committee. forgot all about this story. i can't believe it. it looks to me like that tax cuts 2.0 doesn't get beyond the senate. we'll ask kevin brady about that. this is the third hour of "varney & company," jam-packed full.

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stuart: real estate market has been shaky recently. shortage of homes on the market, much higher prices, and a big point, seven-year high for mortgage rates. the 30-year fixed-rate loan now is pegged at 4.72%. historically low but rising recently. let's get to taxes. very important subject. the house is expected to pass a tax package, a new tax package, that makes the tax cuts for individuals permanent. joining us now, congressman kevin brady, the chair of the house ways and means committee. great to have you with us. welcome back. >> thanks, stuart. thanks for having me. stuart: let me make sure i got this right. the tax cuts for individual to be made permanent. this new bill would make it easier to save for retirement

and make it easier for businesses to offer 401(k)s, do i have that right? >> yes, sir. and helps expand education savings to be used for apprenticeships and pay down student debt. there is entrepreneur in-- innovation bill that -- stuart: if you can pass this thing it helps the economy. it certainly helps an enormous number of americans, however, it needs 60 votes to get through the senate. i'm a little call is, sir, you will get 60 votes. >> stuart, you're always skeptical about these things. what i love about you. you always challenge. we love that. these are three different bills. yesterday we had 41 democratic votes of support in retirement savings and innovation for start-ups. i think that has very good chance bipartisan support getting to the president this year. the permanency bill is separate. we'll go to the senate after

today. leader mcconnell made it clear, when he see as path for0 votes to bring it forward, that is a fair approach. stuart: i didn't realize it was split. it was all into one and yes or no and 60 votes but it is split up. >> yeah. stuart: sorry i was so skeptical >> actually, everyone thinks the same thing. we did that so people can weigh in on these policies. where i think there is strong republican-democrat support, we ought to improve the tax code every year and making it better for businesses and families and this is a good example what we can do. stuart: congressman, i'm sure you will get all republicans on board today with the house vote. how many democrats can you pick up? >> i don't know. it was zero before. it may well be that. we're in this silly election season. i think perhaps after the election, look there is a lot of democrats i think privately look, these tax cuts, like in

franklin hills, new york, where you're at, franklin lakes, a family of four see as tax cut of $5700, that really matters for them. making that permanent and for main street businesses. i think as we build, this we may gain some support. stuart: sir, can you tell me if you have any plans to make any tax changes in the next two years, beyond this tax cuts 2.0? >> yeah. actually we do. so, first, we have some technical corrections to the bills. we passed and we think we can fine tune some more things on international trade, but i will tell you this, sort of like the apps on your phone, each year wee going to take a look at the tax code, how do we make it fair, competitive, encourage innovation in america and bring those reforms. some of them like the apps and updates on your computer, some years will be bigger updates than others. i believe the way america never falls behind its competitors

like we did, modernize and update it, continuously each year. stuart: congressman, kevin brady, i do so apologize for my skepticism. let me apologize. >> thank you, stuart. stuart: thanks. we check various markets for for for at this time. price of gold, what is it, $1200 an ounce? ashley: has been for a while, oh, just under, 1194. the price of oil $71 a barrel. is it there? whoa!, that is news. $73 per barrel, up a buck. okay, that's a new high for about the last at least six months. ashley: oh, yeah. stuart: price of gas is going up because oil is going up. you have 2.87. right now. that will go up some more. ashley: price of oil goes up, really does. stuart: we all notice that,

don't we? ashley: yes. stuart: boeing landed a 9 billion-dollar with the air force. they will build hundreds of new training jets to replace the air force's current fleet which is 57 years old. boeing stock up 1%. blue origin will supply engines for a new venture between boeing and lockheed martin. they will send military and spy satellites into space. boeing's stock up 24% this year. lockheed martin up seven% this year. look at this, newly-released images from japan's space agency. they show what it is like to stand on an asteroid. the picture was taken by a three inch tall hopping rover. which is, by the way, 200 million miles from earth. you get everything on this show. ashley: you certainly do. ♪

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stuart: amazon opened a new store in new york city, bricks and mortar. the items must have four stars or more from the website. deirdre bolton is right there at it. deirdre, what kind of stuff are they selling? >> tons of stuff, stuart. many things you might personally be interested. one for ashley in particular, a

whole wizarding wonders collection. the whole "harry potter" trivial pursuit version. you talked about these online, i want to show you here what goes on. there is a price if you're a normal person, stuart. here is the price if you are a prime member. so you can see it is 25% off everything is listed like that. and then every single item has at least one review. that is the whole point of this. all of these items have been ranked, have been rated by amazon.com online customers. they all have a rating of at least 4.4 stars. they're calling it the four-star store. look around. our cameraman randall will show you everything available. they have a new triple lift for all your buddies making smoothies in the early morning hours. there is baby, todd letter, preschool. everything is arranged by age group. what is interesting as well, this is completely cashless store.

so you zap your phone, you like something, want to buy something, irobot is very popular. a lot of people basically reading the paper or doing something else while the irobot cleans their floors. this is another big seller. monopoly cheaters edition. what can you get away with? that is maybe a gift coming up. stuart, i have my eye for you, stuart, if you want anything from the "star wars" category for your halloween costume, tell me what to scan and it is all yours. the idea amazon known for the online presence, now going back to brick-and-mortar. first store right here in this neighborhood. stuart: take everything but the "star wars" stuff. deirdre, thank you very much. that is pretty interesting. here is something buried with the extraordinary week we've had. the final read on the economy in the second quarter. it is growing, seriously growing, 4.2% a year. here is the question, which we will address, can you keep that

pace up? the markets right now near, yes, that is the high of the day. we're up 60 points. of course we'll continue to monitor the judiciary committee meeting on kavanaugh. there will be a vote at 1:30. we'll be back. ♪ . .

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stuart: we are up 50 points in the dow industrials, about two-thirds of the dow 30 are in the green. that means they are up. the economy grew at annual rate very strong, 4.2% in the second quarter. brian is with us, he's with the center for supply side economics, he's with us now. brian, this is -- that's very strong growth, 4.2%, is it sustainable? >> you bet it's sustainable when you have tax cuts and deregulation, enormous amount of capital comes out of wood work specifically from abroad. stuart: when you say sustained the recovery i'm insistent on the 4% idea, we are coming to the end actually of the third quarter of the year, are we

going to see 4% growth in this quarter that we are now? >> stuart, it's only now that the economists at the atlanta fed this quarter growth below 4%, that's because we haven't resolved trade disputes, supply chains in the united states and all sorts of economic activity with international trade, the president promise behind end gambit was to get global trade down, if that happens then we will get 4% growth every quarter for the next number of years. stuart: if it doesn't happen, if there are the tariff that is do go into effect big time, how much will that slow america's economy? >> well, we have so many producers in this country, producers, manufacturers in the united states who rely on foreign supply chains so if that promise end game of earlier this year of lower global tariffs doesn't come to pass, we have to expect that hit to come to gdp. that's why we have to continue with lower tax rates, like kevin

brady said, deregulation and free trade for real. stuart: were you listening to kevin brady in program ten years ago? >> i was, he's my congressman in houston. stuart: you to listen to kevin brady, that's for sure. they have the tax cuts 2.0, not bun wig package which would be rejected by the senate and it's broken up and you might get stuff passing through the senate, i take it that would be big help? >> of course, the most important thing is to make those tax rate cuts permanent, the great wall street journal editorial editor used to say taxes have to be permanent marginal and immediate. we forget that one of the reasons we have the 2008 recession is those bush tax cuts were being sunsetted in another year's time, that's when investors starting pulling the money from the market. stuart: we will have a deficit in the neighborhood of 800 to $900 billion this fiscal year even though we've got 4% growth for the economy, is that a big

problem for you guys? >> you know, when i have the ear of my coauthor larry kudlow, nec chairman, i tell him when we have 4% growth in the private sector it's booming, let's cut government spending and we lease government workest into the booming private economy, there's a math to reducing government spending in private employment. stuart: you have to get through the senate and politics and it ain't going to happen. >> well, i mean, americans love their prosperity, we are seeing thousand senators are getting real scared about voting classic democratic things. i think it's going to be enthusiasm 4% growth and you may see action in the senate. stuart: never ignore politics, brian, never ignore politics. you're looking -- you're trying to be optimistic about the senate, you really are trying hard. as i said -- >> democrats voted for tax cuts big time in 1964, larry and i wrote a book about it, jfk and

reagan. the memory of democrats not voting for tax cuts is really short. stuart: well, i'm sorry as i said to congressman brady, i'm still rather skeptical about this and skeptical about this one too. brian, thanks for joining us, we like your outlook and see you again soon, thank you. okay. getting back to tesla, sec is, indeed, suing elon musk for fraud, who is here theresa goody, former sec attorney back with us this morning. theresa, musk was offered a settlement, he rejected it. now, he's going to battle, he's going war with the sec. to me that spells big trouble for him, what say you? >> i think so too and from my understanding he was offered a pretty sweet deal given complaint that the sec has launched against him, he didn't have to admit and couldn't deny the allegations but he didn't have to admit them and there was

a nominal fee, he could be the ceo but not the chairman for a couple of years that was the pretty sweet deal that he let go and he still has the possibility of criminal charges looming over him so -- stuart: i remember the case of jordan belford, he rejected a settlement and as he rejected it the sec went after him big time, is there a parallel here? >> i think so. the sec has increased charges against him. now they are barring from him director or an officer of a public company indefinitely is what the sec is going for now. so that's a lot harsher than original settlement that he was offered and, again, they brought this in the southern district of new york, not in california where they were doing the investigation, they brought in southern district in new york which is also telling, this is very common for the security's fraud and it's also very common

for parallel criminal proceedings to go through the southern district of new york and former sec director is now deputy u.s. attorney at the southern district of new york. so i see the parallel here, yes. stuart: so would you sum it up by saying, elon musk is in real trouble, he faces real danger, do you think he's going to still be ceo of this company, say two years from now? >> i absolutely think he's in real trouble. i don't a crystal ball but i would tend to doubt that he would be the ceo of this company in a few years. stuart: if you were giving him advice, what would be the advice? >> i would advise him no say that it's unjustified and encourage him to show everybody that he gets it, he gets what he did was wrong and he understands so that we know that he won't continue to do this any further and he'll change his conduct, right now he's showing that he really doesn't get it, he still doesn't understand what he did

was wrong. stuart: i don't think he would take your advice, would he? >> unfortunately not. [laughter] stuart: you offered the advice for free. [laughter] stuart: theresa, thank you so much for being with us again. thank you. now this, this comes as surprise for me, kind of shocking, a judge in orange county california ruled that california so-called sanctuary state law is unconstitutional. the judge says the law violates the rights of charter cities and he says they should be allowed to police themselves, that means that huntington beach and all 121 charter cities in california are exempt from complying with the sanctuary law. i would call that a breakthrough. two names for you, first of all, jc penny, their new money guy, he's out, he's only been there one year. rough road for that stock this calendar year 2018, down right now 6, 7%, buck 61, look at

callowaw, tiger's comeback will help the stock. up 1%, $24 a share. judge napolitano is coming up next with the latest on that and breaking now, google's ceo sandar pichai will testify on censoring speech in november, more of that coming up. what a day. ashley: what a week it was here. i couldn't catch my breath.

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planned medical or dental procedures and any kidney or liver problems. learn all you can to help protect yourself from a stroke. talk to your doctor about xarelto®. >> all right, welcome back, everybody, i'm connell mcshane here on the floor of the new york stock exchange. i want to talk about the best performing stock today of all 500 of the s&p 500 and it would be envidia, they raised price target from 300 all the way to 400, that's how positive they are, it all has to do with artificial intelligence, they say most importantly nvidia is on the cusp of tipping point of becoming ai standard platform, that would be huge in terms of money going forward, 30 to 35% for the year 2020 and beyond, we will cover that more and

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1:30 eastern time. democrat senator joe donnelly will vote no. on the phone now judge andrew napolitano, judge, kavanaugh's vigorous defense lindsey graham's vigorous offense against the democrats seemed to be carrying the day, can we say that kavanaugh is in? >> i can say that -- good morning, stuart, i can say that judge kavanaugh moved the dial in his direction and gave wavering republicans comfort to vote for him. i think he probably will be confirmed. i don't know that i would say he is in. i mean, generally if you liked brett kavanaugh you were comfortable with him. if you did not like him you were comfortable with dr. ford yesterday. but two of the holdouts, two of the republican holdouts will have not waived in their resistance to president trump.

that's corker of tennessee and flake of arizona. so we are really waiting for two more republicans, colins of maine and murkowski of alaska and that will seal the deal, i would imagine there's a lot of pressure but i think it looks good. i'm taking the pulse of people even though i'm not in fox and i'm hearing that he moved the dial in his direction. stuart: i think you may have had some influence on this because you on our program yesterday morning and again on fox news later, you suggested that the only -- that the best thing that judge kavanaugh could do would be to come out, make an opening statement that was vigorous in his own defense and that's exactly what he did. you may have had some influence there, judge. >> well, i don't take credit, thank you you say that, stuart, my deer friend, but he did do what i think needed to be done and i also argued that the prosecutor from arizona was doing the republicans no good.

i don't know if lindsey graham was like with steam ready to burst or accepted that deal as well but when it finally came to him he pretty much said forget about it, i'm going to use my own 5 minutes myself. as professional as she was, she was unfamiliar with the congressional procedure, she was just not acquitting the republicans who hired her very well, it's not like she was taking deposition in a civil case rather than trying to challenge the credibility of dr. ford or -- or substantiate. republicans did what they needed to do. stuart: when i was sitting down yesterday i nearly fell off the seat when judge kavanaugh came out with vigorous and strong and well-worded and crafted defense of himself, his career and his family an his values. judge -- >> i think we can reveal that you and i were texting about

that yesterday afternoon, we shared that view. [laughter] stuart: myself and half of fox news actually. there you go. judge, thanks a lot, sir, appreciate it. you too, sir. staying on kavanaugh betsy mccoy with us today, former lieutenant governor of the state of new york, betsy, two -- three democrat senators came out of the judiciary committee meeting today, approached the microphones and richard blumenthal, connecticut, rise up america, we are rising here. >> well, i think that the americans watching them will be deeply offended, stuart, because what they are peddling is the notion that all women accusers are to be believed and therefore that men, their sons, their husbands, their fathers, their grandsons don't have the simple due process rights we've guarantied that you're innocent until there's sufficient proof to prove you guilty and that's

exactly what they are peddling, they are calling miss ford, dr. ford a survivor, it's the same thing you see in rigged campus courts all across this country where young men are accused and automatically booted out of college, smeared their careers ruined, their futures darkened because a young woman accused them of something, maybe she was well intentioned and dr. ford may be well intentioned but where is the proof, dr. ford point to four witnesses, not one of them corroborated, all four told the senate committee investigators that the story was untrue. stuart: okay, decaf few hour. >> i have a grandson who is just coming into this world, he's only 10 months old, do i want him to live in a country where men have fewer rights than women where women are automatically believed and men are not? stuart: i take your point.

>> by the way, this is coming before the supreme court, right now the sixth circuit in michigan struck down another case where the university of michigan booted out a student without due process on the basis of uncorroborated claim by a female student. 50 times now students across the country have gone to court and won against the universities that denied them due process and i hope that judge kavanaugh will be justice kavanaugh and make sure that it doesn't happen in the future. stuart: i have to tell you, betsy, we were sitting here looking at senator blumenthal and we had similar reaction. >> a senator who has lied about war record. ashley: exactly. stuart: that's the point. ashley: don't talk about integrity when you have that on your background. stuart: that was astonishing, he was with senator hirono who said he's guilty, kavanaugh is

guilty. she said it. >> many, many democrats on that committee made their statements long before hearing any evidence, right, that kavanaugh was guilty and what are they doing it, on the basis that kavanaugh is a man and the accuser is a woman, that's un-american. stuart: yeah, you've got it. [laughter] stuart: betsy mccoy, thank you very much, indeed. appreciate it. check the big board, 46 points higher for the dow industrials, look at that, breaking now google's ceosundar pichai will go to capitol hill in november on censoring conservative speech. i thought it was going to be today or certainly much sooner than that. candice owens is next, she says she was censored online.

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stuart: google's chief sundar pichai met with republicans today, he's out of the meeting and saying i will address issue

of conservative speech in november. candace owens, turning point usa director of communications, i want you to tell us how you were censored on twitter, a lot of people don't know how conservative censorship works. >> google it happens in terms to have search results, any positive articles about me you will not find in first page. on twitter this was the whole scandal of new york times where she was openly tweeting antiwhite racist remarks dating back 3 years and she was never taken off of twitter for that, she never received penalties in twitter. i took her tweets, took out the word white and replaced them with the word black and, of course, the tweets sounded racist and i was instantly removed from twitter. i had a hold on my account for 3 days. so this is what they are actively doing.

they are basically saying free speech only applies if you have liberal viewpoints, if you hate white people you can say whatever you want but if you have something to say about minority group that becomes problematic. stuart: what concerns me is the extraordinary degree of power that's concentrated in the hands of few ceo's at social network companies, that's extraordinary degree of power which they have and i can't think of a way as to how we can check that power, can you? >> oh,i certainly can think of a way, sherman antitrust act of 1890, google should be subject to antitrust laws. they have become monopoly. there's no competitors to take on google. when they do they get eaten up by google. when you think of rockefeller, standard and u.s. trial in 1911, that's exactly what needs to happen, united states versus google trial and the company needs to be broken up. they have too much power.

stuart: they say they will reform, they will fix themselves, you're laughing. [laughter] >> i am laughing, i love a joke in the morning, varney. i'm laughing, they will reform themselves, of course, we are big and powerful, we will break ourselves up and share only of the power, that's a good joke. i'm so happy that we have president because he's taking them on head on. he just says what everybody is thinking, he says it and unafraid. i think we are going to see are you resolution for this definitely in the next six years which is how long president trump will be in oval office. stuart: candace owens, so sorry it's short, we have so much news. >> confirm kavanaugh! [laughter] >> more after this.

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stuart: two very big, very important stories, we have covered for you today. first of all the kavanaugh hearings. the judiciary committee will vote at 1:30 today. it will be 11 republicans yes and it will be 10 democrats no. that is what's going to happen. he will be voted out of the committee and goes to the full senate on tuesday of next week, very big deal. next big story is tesla. sec is going after them, suing elon musk specifically for fraud. it was that funding secured tweet. ashley: yes, $420 going private. fraud. misleading investors. he was given a deal. turned it down. high-powered attorney will fight back a lot of questions about his future. stuart: as gasparino reported he

is lawyering up with a high-powered attorney. it is down 11%. one big investment firm says it will go down to 225. two big stories, kavanaugh, tesla, big deal, neil cavuto. it is yours. neil: stuart, thank you very much. ahead of that 1:30 vote to yea or nay to get him out of the committee. the clock would roll on to week long debate we're told on a tuesday vote. what is remarkable ahead had of that, what is going on with the markets. we're finishing the month and the quarter, what is remarkable through all of this, the crosscurrents on the judge, whether he makes it or not to the supreme court. the back and forth on trade. whether we secure a deal with canada, let alone china. all the concerns back and forth about rod rosenstein, whether the president fires him, let's him stay on. stocks have been up in the quarter alone, that