>> definitively going to motive voters midterm elects for sure a hot button for a lot of people. >> 35 days away great show. thank you so much great to see you michael, lindsey bell al a american -- have a great day "varney & company" begins right now over to you. >> good morning, good morning, everyone effective in here. that is what we have today. stocks open slightly lower after yesterday's big rally. looking at a modest loss for the dow. maybe 50 points. here is the italian connection. their spending plan breaks europe's financial rules. they are talking about leaving the euro. thanks all around the world. the price of oil has gone to

$75 a barrel and gas prices are rising. there is talk of inflation that is a negative for your money. let's be clear, at this point, italian banks and this talk to not a big selloff make. and now julie sweat nick cannot say that kavanaugh salter appear when asked about spiking transit parties she says i don't know what he did. and, her ex-boyfriend tells fox that ms. swetnick threatened to kill his unborn child and never once did she mention kavanaugh. it appears republicans have had enough. mitch mcconnell says they will be a vote on friday. just wait until you hear what president trump had to say about all of this at a big jampacked rally in tennessee tonight. there is something to look forward to! "varney & co." is about to begin.

>> week call him -- for 15 years as the attorney general of connecticut, he went around telling war stories. he was never in vietnam, it was a lie! and then he is up they are saying, we want the truth! from judge kavanaugh. >> you heard it. the president slamming richard blumenthal of connecticut at the big rally in tennessee last night. i will have more on that later in the show. now listen to what the president said about democrats and the stock markets. >> a democratic takeover of congress will plunge our country into gridlock and chaos.and take away all that i've heard in the last 20 months. >> and think of this, the stock

market at record levels, now the highest, will drop. now we have market watcher, michelle mckinnon. do you think he is right? if democrats win the house in november does the stock market go down? that's the question. >> i mean, we have no idea. i can sit here and tell you that the odds of the democrats winning and then the odds at the market going down or what have you, and past performance it is not indicative of the future result. but i encourage investors, what do we know? we know that donald trump made the corporate tax rate go from 35 to 21. that is huge. we also know that deregulation, half $1 billion worth of this for companies but it will stay and put no matter what happens to the house or the senate. i encourage investors to invest on that it is great news. any pullback in november is

opportunity. >> is just temporary. if there were to be a pullback. if the democrats win the house. it is a temporary pullback in the stock market. >> i think so. >> are you still holding to your view? you told us many times we end the year higher than where we are now. >> i think so. just because of corporate earnings coming of unemployment on the way down. consumer confidence up, you too little pullback from consumer confidence and see whatever happens in the election. but again, earnings drive markets, we have earnings. >> stay there we have more for you. hold on please. let's go back to politics and bring in lawrence jones with campus reform. if democrats win in november, is the trump growth agenda over? similar question for you? >> it does, because the democrats want socialism. that is what we know right now. you can expect the democrats to block everything that this

president wants, which is to improve the economy which we have seen. you've covered the markets every single day. we are seeing consumer confidence up and american people excited because i get to keep more of their money. expect them to undo all of that. >> could they do that? michelle just said there's a lot of stuff in place. like tax cuts, they are in place. you cannot reverse that. >> well, remember, the sick congress that wants to do another set of tax cuts. do you think the democrats will go along with this? they did not, not one democrat voted for the first set of tax cuts. you can expect them to not go along with the second one. >> okay, what is your reading as of right now? do the democrats win back the house in november? >> look, at first i thought they may have some potential. but this entire kavanaugh nonsense has completely destroyed the momentum. i've never seen the republican party so fired up. the fact of the matter is this.

they do not believe in the rule of law.they do not believe in due process, they do not believe that you should be able to face your accuser. they do not believe your innocent until proven guilty. i come on your show every week and i talked about the madness on the college campuses. we reported first, that this nonsense was happening on the college campus.when they don't believe in the due process and rule of law. we saw this where without getting all of the fact that reported on a story and destroyed a young people, young men's lives. i think right now the republican party is afraid. most americans are afraid. although they support women, they believe in due process and that is why the republican party is fired up. stuart: got it, lawrence jones, thank you very much, sir. i'm sure we will see you soon. >> thanks brother. stuart: he is coming back after this, all right! [laughter] the price of oil is $75 a

barrel as of this morning and gas prices are rising. if you heard of the top of the show the pundits, economists, some are worried about inflation. michelle mckinnon, who is still here, are you worried about inflation? >> no. if inflation was not happening i would be more worried. right? if we were seeing zero percent, one percent. we are seeing two or 2 and a half percent. it is reasonable. very normal we can deal with that. number two in regards to oil. we are producing a lot of our own oil. when you compare that to back in 2011 we had $100 prices on a barrel of oil, we were not producing as much. i think we will feel the effects a lot less now that we are producing a lot more. and number three, i was investors need to seize the day and invest in things like oil, infrastructure as well as commodities as a hedge for inflation. it is not as bad as it was a few years ago. particularly since we are predicting a ton of more oil in the united states.

stuart: and other upbeat and lively performance!now i am getting back to lawrence jones. sorry to dismiss you earlier. >> it's okay, brother.stuart: as you know, a third accuser, julie swetnick is rolling back claims that kavanaugh used her. >> i was physically assaulted in every way you can physically assault a woman. it was horrible. >> everyone is wondering if one of those people was brett kavanaugh. >> i cannot specifically say that he was one of the ones who assaulted me. stuart: she cannot specifically say was one of those who assaulted her. many, many years ago. mitch mcconnell, pushing for a vote friday. do you think it will happen, lawrence? a friday vote. >> it appears the republicans can get a spot. you have jeff flake, who is so flaky! at the moment.

i do not know, i expect when we got, when they asked us to give them the house. when they asked us to give them the senate, given the presidency, that the republican presidency will get their act together.but i'm not so sure. stuart: i think they take the vote and let the chips lie where they fall. >> well, you more confident than republicans and i do, i have been fighting for them for a long time. and like many americans, if they don't get this done, you can kiss the majority goodbye. either they get it done this friday or there will be more people that come out with false stories. because with the exception of doctor ford, none of the other people are credible. none of them. either have the vote or we are done. stuart: good stuff, we will see you soon. back to the markets where we are going to open.

a big game yesterday down 40 or 50 points us want to protest the stocks coming off yesterday, elon musk will stay ceo.the company just said they delivered 83,500 vehicles over the summer, that is 80 percent more than what they delivered during all of last year. tesla up six dollars this morning. do not forget, ge, the chief is out. the company warned profit and cash would fall short. the stock is holding at $12 per share. amazon making a really big headline this morning. raising the minimum wage for all u.s. employees to $15 an hour. how many employees are talking about? >> 250,000 workers in the united states. plus another 100,000 seasonal workers. this is full-time, part-time, temporary and seasonal workers. it varies widely right now, $10 an hour at a warehouse in austin, $13.50 an hour at a warehouse in new jersey. everyone next month goes to

$15. it shows the pressure on amazon work from the bernie sanders brigade and everyone else. jeff bezos said we decided what we wanted to do. $15 no minimum starting next month. stuart: big deal! we are still looking at about a 40 point loss for the dow industrial when we get going. wait for it. roll that tape. ran into a bar, this is not the start of a joke. do not believe that. you have to see this. a runaway horse charging three sports bar in france. tables turned over, customers panicked.you have to believe this. >> why the long face? [laughter] stuart: you had to do it! you do not get to say that very often, do you? and the sports tournaments over the weekend really feeling the place. so much so that colleges are offering a degree in e sports management. this is a gaming revolution. it is our story and we have it for you.now this, the feds

forced a prospect to unlock his iphone using facial recognition.an uncharted territory here. digital search and seizure. and this judge in the middle of it. he has a viewpoint, after this.

stuart: let's have a look at the stock price of pepsi. sales fell short down $1.62 about one half percent. a dollar nine cents on pepsi this morning. hackers are selling stolen passwords on the dark web. passwords to facebook that is. two dollars. $2.60 you can get a facebook login. credit card information, $14, debit card is $19.50. what they found after researching this dark web, under $1000 you can buy someone's entire online

identity. including access to shopping accounts, entertainment services, social media platforms, home address, phone number, you name it. for under $1000 but is a huge problem. they did this in the uk. they did research. 24 percent of cases ranged in losses of $653 to $63,200. you go to the dark web and by peoples information. >> a real problem! >> for two dollars you get into everything. >> yes. more tech free. a longtime facebook executive has taken over instagram. this is important. >> he was a former vp for all of facebook. he is the new ceo. there were clashes with mark zuckerberg, instagram is seen as a crown jewel for the future of facebook and the successor has moved in as vp of product of instagram not huge --

stuart: their grabbing firm control of instagram. >> correct. stuart: thank you, susan. now for the first time ever, the fbi agents have used a suspects face to open up his iphone x and look for evidence of crime. judge napolitano is here. >> this is a child pornography case i believe. they want to get into his iphone. so they held it up to his face and his facial recognition, bingo! they are in his iphone. >> have a search warrant. and the search warrant allows them to enter the home and search for a variety of things including the contents of the phone. then they say to him, without telling him, you do not have to cooperate, would you please look at the phone and smile so that we can replace your password. your password is your face. he could have said, no. i'm not going to look at the phone and smile. some phones, notably, samsung, there is no record i'm aware of

that iphone being tricked with a photograph it is a very troublesome area. and i think if use the right phrase earlier it is virgin territory for the law. this has not happened before. i hope that when he is prosecuted, his lawyers challenge this. the court can give guidance so that fbi agents and police will know what they can do in the future. stuart: if they could not get into the phone, because the gentleman refused to cooperate. if that were the situation, what then could the authorities do? . >> they have a search warrant they've demonstrated to a judge is more likely than not that inside that is evidence of the crime. turns out that their demonstration was correct. when they got on the phone there was child pornography. it was stored in there. but without the cooperation of the owner of the phone, for the

password whether it is alphanumeric it would have been to hire some israeli corporation that knows how to trick the phone. stuart: but we do not have precedent.>> that is why i say that we do need the ruling from the court. >> would be the ruling? if you had to illness. you are libertarian. >> the government cannot require you to cooperate in your own prosecution. by giving you our government the password. but if the government has a search warrant for the phone they can do anything rational to get in that phone. short of compelling you to help them. that is the law. whether libertarian or progressive, that is the law. [laughter] stuart: you are killing me! we are opening the market in 11 minutes time. we will be down but not very much. take a look at this.

airport baggage handlers caught throwing luggage. like if flying is not stressful. we will take the story behind this video. wait for it. you will see it. we will be back.

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names are stacking up. as we go toward the opening of the market. they are all down! facebook, amazon, apple, all on the downside. not by much but they are down. you always worry about it when you check baggage, right? i do. well, i never check baggage. [laughter] >> there is a reason why! stuart: baggage handlers caught throwing luggage around. i hate to pick on laguardia but i am.but this is not laguardia, this is in hong kong. this is a very highly rated airline. there luggage handlers as you can see our throwing -- this was shot by a passenger on the plane. this has been seen 5 million times. cardboard boxes being tossed in there. if it were analytics what they would be gold medal winners. [laughter] people have called it disgusting, they are lazy, they should be fired. the company says they are aware of it and have spoken to the

workers in question. it is not safe there being fired but this day and age everyone has a camera and a video recorder. that is what you get. it is unusual. you would not expect to see that in hong kong. with cathay pacific. >> highly rated. stuart: and general mills going back to the 90s with his trix serial. >> silly rabbit, trix offer kids. i am more of a cap'n crunch kind of girl but general mills received more than 20,000 inquiries to bring back the fruit shaped serial trix. millennials, they are consumers. stuart: five years old? >> they like the different colors and shapes. stuart: is a serious financial -- we've got it. check it out, please. the dow industrial will be down about 30 points, who cares?

we were way up yesterday. back with the opening bell after this.

stuart: the dow jones industrial average will open in approximately 20 seconds. please remember that yesterday we had a very nice day, we went

straight up. the dow closed with a gain of 192 points. closing at 26,651. in 10 seconds will find out how far down we are going this morning. a few points, the last time i mentioned italian banks are a problem for us this morning. here we go, 9:30 am eastern time. we are down two, down eight, down 12, not exactly a rapidfire decline. weird four. marginal loss, can i call it that? x fractional loss down eight points. that is all we have on the dow. from the s&p, .07 percent. how about the nasdaq? where is that ongoing? it is down .13 percent every such slight losses across the board. the same with amazon down seven dollars at $19.96. a pay raise all of their

workers at $15 an hour. more on that in a second. joining us, mike murphy, susan lee, ashley webster. amazon. they are giving a pay raise moving up to $15 an hour for 350,000 workers. it starts on november 1. >> i think it is great for the workers. as we talked about the program, there is a demand for workers right now. they have to pay up to get the workers. but watch quarterly earnings because it will have an impact on numbers. they are spending a lot more money. have great perks for employees already. by basically doubling minimum wage for employees, it will have a major impact. stuart: of course. but with threats and bernie sanders. jeff bezos being worth hundred $65 billion. >> yes. but remember, the company is priced based on profits, earnings. that will be affected by this.

it will be interesting when the new quarter comes out. stuart: would you buy it? >> i still love amazon. i still believe it has 50 percent in the next two years. i am a continual buyer of amazon until further notice. >> really? stuart: i mean, i find it really a brave move. $2000 stock, we are going to keep buying it. >> they going to keep innovating. they are getting ahead of this. mike is right but they are getting ahead of this. so that they do not have to go begging for permission to keep operating in the same fashion. stuart: i'm just shocked and amazed. i really am! let's move on. let's have a look at the price of oil. as of right now $75 a barrel. that is a four year high. look at the price of gas, it is beginning to moveup. now we have the average at $2.88 , up one penny from yesterday.

essentially, going up. is this an inflation problem? >> i don't think it is. what you'll see now is more oil on the market. we talked about how technology has impacted the energy space in general. i think more oil, companies in the u.s. will pump more oil, we will not have a major impact. what they want to save people at home should not run out and buy energy stocks based on the fact that oil is going higher. that would be a bad move. stuart: why?>> because it does not trickle down to the bottom line necessarily. energy has underperformed a long time, a lot people have tried to take a bottom on energy. i will stick with where the growth is and i would not try to run out and reallocate to the energy space. stuart: a problem with italian banks.maybe a touch of inflation has worn off. >> it is, i would take a slightly opposite side of mike on this. i believe some inflation is a good thing during -- it shows that we are growing and the little bit of inflation is a good thing. the bigger picture we have to worry about is wage inflation. we have not seen that yet coming into the numbers. when that does start to show

up, that might make the fed act more vigorously. that is the one thing i'm watching. stuart: and i canceled my netflix account on the grounds that i never used it. maybe i will use it more because of this. they're going to get interactive. they're going to let viewers decide the storyline. i do not know how this works but susan does. >> there some the cold black mirror. some people call graham, a darker sitcom. it has not been performing well. according to netflix they're going to let the audience vote on how you want an episode to end. so getting more interactive, asking the audience what do you want to see? maybe more of what they want to watch these days. stuart: i am not buying, i do not want netflix. >> how do you want the episode to end?

i'm curious. stuart: i could care less. [laughter] >> melancholic, positive? >> there so much content on the right now you can only watch so many programs at once. even though they may be good, you cannot watch them appear. >> this is content escalation. they're taking it to the next level thing we can do content better than everyone else. we're going to make other companies spend more on content and we will do it better. stuart: you got me!i am still not buying it. [laughter] italian banks, who cares! we are up 19 points, pepsico fell short, we are down about nearly $2 on pepsi. harley-davidson, have an agreement to sell clothing on amazon. very little movement there. amazon down for other reasons. harley-davidson virtually unchanged. don't ever forget about ge.

chief flannery out after profits and cash fell short. the stock holding actual dollars a share. vehicle sales done 11 percent in the month of september. still selling a lot of the trucks, the f-150 for example and expedition are up 27 percent. overall they are down on the stark it is barely holding at nine dollars per share. tesla, they just said this morning that they delivered 83,500 vehicles over the summer. that is 80 percent more than they delivered over the whole year of 2017.stock is up a little bit. >> big numbers 53,239 model three produced. delivered a few more than that. the big thing is they promise between 50 and 55,000. they made the number. if we did not have the big bump yesterday, this would be at more than just a percent or three quarters of a percentage. this is a little positive news

on the tesla coming at the top of the big positive news yesterday. >> i still missed the model three, facing big tariffs on china. still plenty of challenges out there appear better than it used to be but still, -- >> i think it is positive and profitable. cash flow positive for the quarter. it helps the model three. [multiple speakers] >> regardless of how many cars they make or sell, the company is not priced like an auto company. you need more there than just better delivery to get the stock price higher.stuart: all right, general motors. a three month test, they used in car wi-fi to track the habits of drivers. listening habits that is pretty want to make money from understanding how the car drivers, what they listen to. why do i always want to be

looked at? >> you are the product, that's why! >> you are the product. here though, gm giving them credit, they did it right. the promise is that when you hear an ad, going to hear an ad. it will be more targeted to something that you might want to hear.instead of something that you don't care about. that is why people opted and this is the future. wise amazon number three? because they are the best at targeting because they get all of the data from the people that shop there. the wave of the future. stuart: you destroyed my argument. >> people are spending more and more time in the back of cars with uber and lyft. in that time the big companies want to know how to profit from that. whether it is companies that we -- they are now looking to sell you songs, music and ads. some way to monetize you. >> 3 and a half billion dollars from pandora.

that is against spotify. and big money makers. stuart: i want to get too far off the subject, do you remember when ronald reagan drove a chrysler car off of the lot in the 1980s? >> it was a commercial? stuart: yes he was supposed to get the driver seat but he was so use to -- [laughter] a little entertainment. disneyland in california. reportedly, they are taking away seats for visitors. they're trying to help guests flow. a lot people not happy about this especially seniors and kids, those unable to move around easily. especially in the hot summer months you need somewhere to sit in the shade. >> what about the lineups? what about when it is two hours to get on magic mountain? stuart: what to make of this? >> i think the economy is doing great more people will go to disney regardless. i do not necessarily agree with

this. let people sit where they want to say. they are spending a ton of money in your pocket. stuart: more than $100 to get in for one day! >> imagine bringing eight people in there. >> that a huge chunk coming into the new star wars opening trying to help flow and disney's brilliant. they will continue to make the customer experience great. they will figure this out. stuart: whose side is he on? >> thank you, mr. disney. [laughter] and ever such a slight gain. six, seven point for the dow industrial. president trump crisscrosses the country holding jampacked rallies but he feeds off the crowd. that is a style p what does that mean for the midterms in november? we have a spokesperson to discuss that in our 11:00 hour. do you like his style, are used to it?

good question pearson a majority leader, mitch mcconnell says, there will be a vote on brett kavanaugh friday of this week. does the nomination turn off female voters? will ask iowa senator, that question. and will kavanaugh be confirmed? a republican senator joined us next about the confirmation. yes or no?

stuart: i want to get this because larry kudlow, the top economic guide of the present is speaking to reporters. we should listen in. >> i think the north american story is actually stronger. you know, a bunch of things are going on here. number one, we are helping our

manufacturing workers. who have had a good run. we broke through on dairy. milk, which was always -- we actually broke through on that. wheat and some other grains. i think the continent as a whole, now stand united on what i will call unfair trading practices by you know who. it starts with a "c" and ends with a "a". >> canada? >> no, nice try! i think that we can say to china that we are acting as one. i think that's very good. also, i like the provision -- i think i would like to see the g 20 worldwide with cooperation. and coordination rather than currency wars, things of that

-- i mean, i understand nothing is perfect in life. but i figure it is a solid deal, progrowth deal. by itself, we have improved the supply chain, tariffs. a tariff free zone in effect, supply chain will be there, businesses will not be disrupted. it is a good deal. i think the president deserves some credit. >> let me ask about two companies in the news. >> he is the smartest. >> we often defer to him. in aluminum and steel tariffs can you walk us through the next line to cross? what happens next, what are we watching for? >> discussions. i'd do not -- that is not my domain. discussions. >> me ask if i can broadly about and let me say this, constructive discussions. we are all working together now.

it is very important. the call between prime minister justin trudeau and president trump was very good yesterday. >> what is the risk to democrats? obviously there's concern the congress has to ratify this. it could happen after the midterms. the democrats could win back the house and midterms paid what is a risk for democrats if they do not support the president on the trade deal? >> the democrats will have -- they will go with the deeper we consulted with them. all the way, we had meetings in the white house. i was at some of them. i'm sorry my sinuses are dribbling, i cannot help that. they want to help working folks, they will go with the deal. that is my view. it is tailor-made for them, what they asked for. republicans will be happy. we got the deal, with no disruption.the supply chains will continue. a lot of protection, a lot of movement for financial services. for example pay which gop folks wanted. a lot here for both sides whether that works out, i don't

know. >> speaking of working folks, amazon raising minimum wage. what do you make of that? is it a good thing? >> good for them! i am in favor of higher wages. a pretty good businessman. how did the stock do on the announcement? i think it went up. look, i'm fine. me, he is a smart guy. higher wages, terrific! by the way, more people working and prospering is not inflationary, it is not a good thing or bad thing is just what's happening in the economy. what's happening in the economy! the numbers on blue-collar workers, the surgeon blue-collar workers. published in the famous supply-side. the newspaper above, the "washington post". blue-collar workers rising. i love that. >> let me ask you about google. because you met with the ceo last week. how would you characterize the

discussions, did they alleviate any concerns that you have about google? >> we had a great meeting. a great meeting. i admire and respect them, very constructive back-and-forth. extremely cooperative. i really enjoyed it, he committed to combat the white house. we will have a conference, the present will preside over it. will have the big internet companies, big social media companies, search companies and some who are dissatisfied with those companies. i didn't know if we have set it yet but i reckon it will be middle of october. he was very good man. >> google, twitter -- >> that is our hope. [multiple speakers] >> what signal do you think that they should take? >> there is a trade coalition of the willing. that is to fix broken areas in

the international trading system. and getting on the same page and cooperating. and that coalition will stand up to china. and there unfair trading practices, barriers. the ip, technology, you know the story. i do not think it's got enough play. the so-called a-- agreement. i brought him out and he spoke to it. i think that is very important. the eu, japan and us. it is a signal to the chinese. we are not doing this alone. we are not doing this alone. i think president trump would go alone but we getting a lot of support from our allies. and of course, the north american deal, usa, let me get this right, usa mc it is a

signal, it is also a reality. i hope that the chinese are listening. the rest of the world wants them to play fair. quit breaking the rules. we will talk, we will talk secretary mnuchin and others, the president, good terms with president xi we will talk. >> last week they accuse china of election interference. do you think there should be sanctions for that? >> i will leave that to the president. i will not pronounce on that. [inaudible question] >> i think there's a lot of room in a rising economy for total reform of immigration system.and you know, new calculus and formulas for legal

immigration. i think that is a key priority for the president. of course, he is right. the system is a mess, illegals are a mess. what they do afterwards is a mess. i'm not an expert on this but that includes border security, it includes the wall, merit. there is no right to just walk into america and so, this a good time to do that. if the country process, yes, absolutely. >> larry kudlow, chief economic advisor to the president of the united states. talking mostly about the deal with canada, the usnca, he says they are now united against china. that is what the sheep in economic advisor had to say. i would like to move back to the kavanaugh hearings. because it really has gripped the nation and it will continue to grip it this week. mitch mcconnell says the full senate will hold the kavanaugh confirmation vote on friday.

will do it! he says pugin is now a republican from mississippi. mr. senator, are you convinced, are you sure that it will be a yes vote on friday? can you rein in the somewhat reluctant republicans, makowski and mr. flake? can you rein them in and make sure that -- >> i do not think we can be sure of anything until they've made announcements. here is what i know, the proposal was made. these three republicans distilled questions. that we pause for a week and that gave the leader an opportunity to sort of solidify their votes. and the fbi investigation is going on now per their request. i think unless something startling comes out, and i do not think after all the time, anything will. i think they will feel comfortable giving the president his choice on the supreme court after all.

he has been a great judge and has been a solid judge. he has had a lifetime of dependable service to the country. stuart: are you worried that he could lose women voters in the midterms if judge kavanaugh is confirmed? >> you know, i think the politics will take care of itself. and i think american people, whether it is men or women, elderly or young voters that are just now starting out. i think there's a sense of fair play out there. and i think the fact that this investigation has been extended at the request of some of the people who had concerns and the fact that there was one major charge, doctor ford that has not been substantiated by any of the witnesses she gave. as a matter fact they reviewed it in large part by the witnesses that she listed. i think it argues in favor of

fair play and also, let me say this. there are more women voters than men voters. those women have sons, husbands, dads. and if something like this should come up in their families, they want them to be treated with a presumption of innocence and not have an undue burden placed on their loved ones. stuart: mr. senator, thank you for being with us. >> thank you for letting me listen to larry kudlow. [laughter] >> sorry to cut you short. mr. senator, thank you. during the interview situation there with larry kudlow we so the market turn and go up a little bit. now we are up 15 points on the dow industrial average. i want to get to trade and mr. kudlow, what he was talk about the new pact with canada and mexico.

joining now a frequent guest on the show, a businessman who does business in the united states and in mexico. are you happy with this deal? >> good to see you. yes! i am very happy here the country is very happy. i agree with mr. trump, it is a huge deal. we're talking about $1 trillion pact and by the way that is about 20 percent of the whole trade between china, germany and the us.it is definitely big. mexico is happy, i think canada is happy and the u.s. is happy. stuart: what does mexico get out of this? >> mexico, the first thing it gets is tranquility. and you know, there is now you can look at the future. the manufacturing sector primarily, the car sector is happy. i think it is going to provoke investment into the auto parts industry in mexico.

stuart: president trump just won a significant pay raise for mexican autoworkers. [laughter] yes, you are right. that will take a little bit of time. there is a timeframe until 2023 to accomplish the $16 an hour. if it does not happen that fast, there is a provision for some 2.5 percent tariff. if you do not meet the guideline. i think it is good for the country as well in that aspect. stuart: thank you for joining us, gaston pereira. i'm sorry it was so short but larry kudlow was talking and we took it. gaston pereira. >> thank you. stuart: back to the kavanaugh nomination. democrats pulling out all of the stops to block it. dragging his name and his family through the mud. i think they have gone overboard. my take on that is next.

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stuart: they have jumped the shark. that is the democrats have gone overboard with their destruction of judge kavanaugh's character and family. we can see through it. they're not interested in truth or justice, just slime the guy, ruin him, say anything, engage in any scheme to knock him out of the supreme court. i don't think the american people are buying it. in fact i think the american people are increasingly angry at the un-american circus that the left has created. innocent until proven guilty. isn't that the baseline of our justice system? well, senator hirono who sits on the committee that questioned kavanaugh concluded he is more likely to be guilty because he a conservative and she says men should shut up. do you have a husband, brother, son, who ought to shut up when accused? senator blumenthal also sits on the judiciary committee. he insists kavanaugh must prove his innocence. again that is the opposite of

our judicial system. do you have a husband, brother, son, who might be caught like this? senator blumenthal said he served in vietnam. he did not. i believe that is called stolen valor. it is senator dianne feinstein who orchestrated this stealth attack on kavanaugh. she knew about dr. ford's allegation months ago but only brought it out at the very last minute. that was a deliberate and dishonorable plan to pervert the nomination process. the democrats think this circus will swing the november elections their way. they hope their destruction of brett kavanaugh will bring out the women's vote. the republicans have found a backbone. senator lindsey graham eloquently leads the republican resistance. leader mcconnell says the senate will vote friday. good. let's have it out. as a newly-minted american citizen i have to say this, i signed on to a constitutional republic. i signed on to the rule of law, to freedom and liberty, not repeat not to the rule after

democrat mob hell-bent on destroying supreme court nominees. the second hour of "varney & company" is about to begin. ♪ little change on the market this morning. we're up just a little tiny bit of a big gain jed. the dow at 26,600. tesla delivered 83,000 vehicles over the summer, way more than all 2017. the stock is down five bucks but holds at $300 a share. ge, rbc raised its price target from 13 to 15. that is not helping the stock. it has gone down to 11. oil, that's a four-year high. we're right there at $75 a barrel. more on that in a moment. do, please as we always do, check the big-name tech stocks, mostly lower, just a modest

gain, two bucks higher for apple. alphabet up five bucks. back to my editorial, and the democrats and kavanaugh. look i say, the democrats jumped the shark to coin an american expression. katie pavlich, "town hall" editor with me now. what do you think, have they jumped shark, gone beyond belief? >> i think that is the minimum they have done. the media is complicit. as a journalist you're supposed to take allegations of this nature seriously and take them, especially in a political context and make sure that there are more sources than just the one person making them before it is blasted all over the place and yet here we are, with a conservative supreme court justice who has been accused by three different women, two of which stories are completely fallen apart. i would argue, dr. ford's story based on what the prosecutor came out over the weekend with the memo, her credibility is

also diminished here, yet it is blasted everywhere. one thing not pointed out democrat keep saying this is not a trial, right? there is not a trial. there is no expectation we reach those thresholds of legality, but the truth is democrats in the media don't want a trial. because a trial would require some sense of fairness and some sense of proof. they want to lobby allegations against any conservative they choose to get away with it in a political context. you keep hearing this is not a trial. why you continue to see people like dianne feinstein put into the congressional record accusations not been corroborated by a single other person. stuart: now the democrats think that they will attract women voters in the midterms because women are supposed to be under, assumed to be opposed to kavanaugh. do you think that works? >> i think it depends on what kind of woman you're trying to target. will it benefit leftist, woman?

sure. i tell you stuart, talking to my conservative friends how i have been feeling over the last week about the situation with brett kavanaugh, they are on the warpath. they are more upset about this and treatment of brett kavanaugh than i have seen them upset in years to be quite honest. and so i think it has, depends who you are talking to. it is split down the middle in terms of party, whether you believe kavanaugh or not. i would really like to be removed from this narrative women believe, you know the women who are accusing brett kavanaugh. that is not necessarily true. there is a lot of women on the right who believe in evidence and due process. we don't want to be lumped in with women who want to destroy the lives of men because of an accusation without any evidence to corroborate claims. stuart: there will be a vote on friday. do you think that senators collins, murkowski and flake will say yes on friday? >> i'm not sure. i mean jeff flake told us last friday morning he was going to vote for judge kavanaugh and

then a couple hours later went back on his word and back on his statement he sent out to the entire country, and said he wouldn't vote on the senate floor unless there is a fbi investigation. i hope he sticks to his word. i'm not confident until i see the votes come in. stuart: got it. appreciate you as always be with us. >> thank you, stuart. stuart: oil is a market mover today, it is $75 a barrel. more on scott shellady, you've been a oil trader. commodity trader. i think, i'm pretty sure of that. do you think that this oil price at $75 a barrel raises a realistic worry about inflation? >> no, i don't think so, stuart. i mean it has been, it has been drug up brent crude what they trade over in europe. that is their standard here. it has gone higher. there is geopolitical reasons for that to be the case. our stockpiles are lower because we're exporting so much which is a good thing, right? there will be a short term

thing. if anything, seeing the difference between brent crude and wti, our standard. that might widen. brent crude trade a lot higher then it has been. we don't see anything taking off like we saw, you know, the tech stocks of the 90s or say the oil dipped about 10 years ago, 140, 150 bucks a barrel. nothing will run away. economy is doing well. we'll get out in front of it to be planned. i don't think anything will last a long time. stuart: at the top of the show this morning, scott, i asked for some slack on the grounds i had to talk about italy and italian banks. turned out, in the middle of the night it was a big negative for us and our money. now it turned into something less than that. what is this about italian banks? should we really be concerned here? >> well, a little bit because of what the knock-on effect would be going over the pond. but really the to simplify it, they're talking about what% of

gdp their deficit will be. leave it to the italians to argue between 2% and 2.4%. really? that is what it came down to, there is talk if they had their own currency they would be in a better position. i stated this for a long time. i'm not a fan of the euro. i think it is difficult to keep 28 countries with no common language and history together. we barely keep texas and california in the united states. they're not a big fan of us. with no news coming out italy. things have recovered over. there i think that is being played out in the u.s. markets now as we speak. stuart: scott shellady, thank you very much. i want to take you to the floor of the united states where mitch mcconnell is talking about the kavanaugh nomination. >> it has been breathlessly, breathlessly paraded around. shortly after dr. ford's confidential letter made its way into the press the mud and muck opened entirely on

brett kavanaugh and his family. out of the woodwork came one uncorroborated allegation after another, each seemingly more outlandish than the last. a tabloid lawyer organized a red carpet rollout for someone who wanted to accuse brett kavanaugh masterminding some high school drug and serial sexual assault ring. one party after another with sexual violence where there happened to be zero witnesses, zero witnesses but plenty of people to refute the claims. this didn't say in the tabloids by the way this fantastic story was effectively read into the record of the judiciary committee bit ranking member who decided it deserved mention in her remarks in last thursday's hearing. every democratic member of the judiciary committee seized on

that outlandish tale in a formal letter in which they called on judge kavanaugh to withdraw his name from consideration. this is how desperate some became for any way to stop this stunningly-qualified nominee. i guess upholding any standards of any kind was just too much to ask. we have heard another, anonymous, unattributed and now thoroughly debunked account. this time anonymous accusation from colorado, alleging physical abuse 20 years ago. sitting federal district judge quickly stepped up to bat down that anonymous smear. we heard that judge kavanaugh was supposedly responsible for a sexual assault on a boat in newport, rhode island until the accuser recanted the story completely but not before many in the media had begun eating it

up. in short democrats mishandling of dr. ford's letter opened the floodgates for a deluge of uncorroborated, unbelievable mud. and the mudslide was cheered on and capitalized on at every turn by the far left that has been so eager to stop this nomination. just politics? i don't think so. and on the other extreme some of the other lines of attack have been completely trivial. last night "the new york times" unleashed this major story, get this, judge kavanaugh may have been accused of throwing some ice across a college bar in the mid 1980s. talk about a bombshell?

one can only imagine what new bombshell might be published today or tomorrow. but here is what we know, madam president. one thing for sure, the senate will vote on judge kavanaugh here on this floor this week. here on this floor this week. our democratic friends will try to move the goalpost yet again. just yesterday they submitted a list of 24 people who they wanted the fbi to interview. so i'm confident we'll hear that even the very same supplemental investigation democrats had so loudly demanded is now magically no longer sufficient. well, after the fbi share what is they have found senators will have the opportunity to vote.

we'll have the opportunity to vote no on politics of personal destruction. we'll have the opportunity to vote yes on this fine nominee. now, madam president, on an entirely different matter, u.s. economy continues to deliver very good news. my home state of kentucky is certainly no exception. >> that is senate leader mitch mcconnell on the floor of the united states senate in unaccustomed, we're not used to seeing him speak like this. he is combat i have it, occasionally angry and he has called out senator diane feinstein for putting on the congressional record wild stories about sex and drug parties where there are no, zero witnesses to what is allegedly, what allegedly transpired. mitch mcconnell very firm on this. he says the democrats have

mishandled this nomination and opened the door to a flood of mud. and the character sassization of judge kavanaugh. he says there will be a vote on the politics of personal destruction and it will be friday. not used to the -- ashley: right on the money. let's be honest. stuart: in my opinion, yes. almost exactly what we said at the top of the hour. ashley: the ice-throwing incident, come on. stuart: really. headline in "the new york times" with a arch sarcastic fashion mitch mcconnell, what a bombshell. he may have thrown ice in a bar in 1985. good point, mr. senator, good point. are we going back to listen to him briefly on the economy? okay. that is how he came across to me. i said at the top of the hour that the democrats have jumped the shark. i do believe they have. ashley: i think so. stuart: if you latch on to a "new york times" story, oh, he may have thrown ice in 1985, if

that is your reason for denying him a seat on the supreme court that's jumping the shark. ashley: yep. >> goalposts are moved. the democrats will move the goalposts regardless what the fbi investigation finds. >> the republicans have a backbone. they will vote on friday, come what may they will vote. ashley: yep. stuart: i'm going to be -- the whole country will be interested to see where this goes. no impact on the stock market what we've been hearing from senator mcconnell. the dow is still up a small amount. 15, 16 points, up 26,600. general electric, check the stock. charlie gasparino, our own guy, reporting they are on the verge of a downgrade by moody's which he says almost guaranties the dividend will be cut or eliminated. fine reporting there. the stock is moving on that. it is down 20 cents at 11.87.

that is ge at this moment. we have a big hour for you this tuesday. senator mitch mcconnell says there will be a vote on kavanaugh on friday but i want to know does kavanaugh's appointment to the supreme court or his nomination help or hurt female voters? i will ask senator joni ernst that question later this hour. tesla making a record number of cars this quarter. musk settled with the sec and here's the question, could musk be out of the woods? we have a hardcore tesla fan coming up on that one. plus we've been all over the gaming revolution. now you can get a degree on the subject? yes. we cover it all. you're watching the second hour of "varney & company." ♪

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stuart: pepsi's stock down two bucks. sales fell short apparently. 108 on pepsi. harley will sell clothing and accessories on amazon's website. no impact on amazon and harley down 10 cents on that news. the world of competitive video gaming. i think it's a brand new sport, i think it is, a new competitive sport, a packed crowd at an esports tournament over the weekend in new york city. 10,000 people attended. they paid an average of $100 a ticket. that was the physical attendance at the barclays center. 15 million people watched online. now one university in england is offering courses on esports management. bring in gail dickey, gamer world news entertainment ceo.

this is a brand new industry. you just arrived in it. now this degree, it is not to teach people how to be good gamers, is it, it is how to manage the industry, isn't it? >> yes. contrary to belief you will not play videogames for four years. what stafford university is focusing on management. each student will sponsor their own event, activation, social media and that will be their class and teaching them -- stuart: that is a signal, isn't it? a signal that you have arrive. it is a valid industry. >> yes. stuart: it is new and it needs organizing? >> yes, but, i will tell you i spoke to alan retoco at becker college here in the u.s., they have a holistic approach to the esports management degree, they will teach students top to

bottom, how to run a company, business plans, a broader focus off the esports business and i think this is just the tip of the iceberg. we're going to see the real cool entrepreneurs coming along with the esports management disease. it will give more focus to game design, game designers. in fact in part of my conversation with alan we talked about the fact that universities now recognize that the female audience is the biggest crowd. so don't be surprised if females apply for esports management degrees and come out bigger and better games for female audience where the demographic is 40 to 65 years old. stuart: now there is a study, analysis of 24 studies from all around the world and it found there is a link between violent video games and physical aggression. what do you make of that? >> well, what i make about it is we will be debating this from now until eternity. i think you know, you have to

approach this from the standpoint of what makes sense. if you have a student in junior high school and high school they're playing videogames before they do their homework, that is a problem. i still don't basically leads to aggression. there is counterbalance. there they prove it helps with autism and hdhd and alzheimer's for the older crowd. i think it is about taking a step back looking at this what makes sense in terms of how many hours and these aggressive games, i heard an 11-year-old told me last week he is learning about world war ii playing call of duty. i think it is him wanting to play the game. i don't mean to make light of it, at at the same time, it will take a lot more to prove it is a link to play a violent videogame and commit some act of aggression. stuart: interesting take there. i have to go into one of these tournaments. i'm not going to play. i would really like to see the

atmosphere, get the feel for it. what average age is. i think i would be oldest guy in the room. >> i don't think so. stuart: gail, thanks for being our reporter on a brand new, burgeoning industry. we're fascinated by it. appreciate your help. >> help to be here. thanks so much. stuart: the nhl hockey season starts tomorrow. they're expecting to bring in a ton of money from, legalized sports betting. ashley: how much? 260 million a year they believe through a variety of deals, advertising, data, sponsorship. they also believe that because of the ability to, you know, regulate sports betting it will increase viewership. you get more annual revenue from media rights. media sponsorship, merchandise, ticket sales will go up 3 1/2% because of interactive -- susan: nature? ashley: nature, thank you, that is the word i was looking for

betting on sports. let's be honest all professional sports will benefit from legalized betting. susan: pales in comparison to the nfl which is expected to bring in billions, $2.3 billion more in revenue because of legal sports betting and other types of revenue as well. ashley: baseball looking, want to make sure, baseball has a history of people betting on games? may be. i'm just saying, they are making sure when it is put in place it is aboveboard and everyone happy the way it is set up. stuart: a big number. all right. we came across a extraordinary story. a mom filing a lawsuit after her son failed to make the varsity soccer team. yeah, really. we'll have details on this. and by the way we'll get brian kilmeade's reaction. going to court? new week for elon musk, settlement with the sec. record production numbers. here's the question, is musk out

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not days. plus, allstate can pay your claim in minutes. now that you know the truth... are you in good hands? ♪ the. stuart: that is a good one. ashley: great. stuart: we constantly go back to early beatles, don't we? susan: my favorite. stuart: producer's favorite song. ashley: fair enough. stuart: close your eyes i will kiss you because tomorrow i will miss you. good line. i have used it. ashley: really? [laughter] stuart: now i'm in trouble. we're up 26 points on the dow

industrials. at 26,679. facebook, amazon, microsoft down. apple up a buck 90 at 229. that right there on apple. this bears repeating. fbn's charlie gasparino reports today that ge is on the verge of a downgrade by moody's. he says that almost guaranties that the dividend will be cut or eliminated and ge's stock is down on that news. it is back down to $11 a share. how about tesla? elon musk will stay on as ceo. tesla said this morning they delivered 83,000 cars this summer way more than they delivered all last year. welcome to the program because i know that you are a hardcore musk supporter, a hardcore fan of tesla, so my question is musk

out of woods at this point? >> he has gone from production hell to delivery hell. the next thing will be support hell. these are the problems he has been dreaming about having too many cars to deliver and how do we support all these customers. so this is great for him. he is very happy about this. stuart: you're with him all the way? you like the product. you like the guy. you think he should stay. will you buy more tesla stock? >> i don't buy stocks. you know, to make sure i'm neutral. but i own a tesla. i had a tesla since the first model s came out. i had three of them so far. i love the car. i love the company. it is changing the world. you have to realize his vision will have a very positive effect on the world, now, electric cars are coming, there are some new electric cars coming we're accepting this is the future. battery industry, space industry. i consider elon to be greatest innovator of our time over

einstein and edison combined. that is what a fan i am. stuart: you're a hardcore fan. you will stick with it regardless, okay. if you're such a fan of tesla and boy wonder musk, why are you not a fan of facebook with boy wonder mark zuckerberg? >> i used to be a fan of zuckerberg. in fact i, you know, i've been in touch with him and sheryl sandberg and so on. the trouble is, i think he has lost his way. he is doing damage to the world now. facebook has sold its soul. it has been gathering data, unimaginable. they are obsessed with gathering information and selling it. they're not concerned enough about the protection of the consumers. it is money, money, money. i used to be a big fan of zuck. i exchanged many emails through him and executives trying to guide them through this thing. they keep making excuses and

keep lying and we have this disaster that is happening. stuart: you used a expression that they keep lying. that is strong stuff. >> read the interview from the founder of instagram. one of the reasons he left the company made him lie to european regulators. they keep coming up with apologies and excuses, doing it again and again. the company is obsessed with gathering data. mark zuckerberg is becoming big brother the way he is going. he has to wake up and realize he is off track. he better do something about it. otherwise his legacy will be very negative. he wanted to be a presidential contender being despised over course of a year-and-a-half because of his, lack of ethics his company is showing. facebook needs to wake up. stuart: should leave, not leave the company but leave his role in the company? >> he has too much control. this is a company where needs an independent chairman, independent board members. they need to get people like peter thiel off the board,

people who are not contributing in a positive way. they need to get people from all over the world on the board because it's a global company and he need to start listening. he has supreme power right now, it has gone to his head. he is not really listening to anyone else. that is the problem. stuart: would you make the same criticism of jeff bezos who runs and co-founded amazon? same critique? >> i'm worried about amazon having too much power also. it is becoming a monopoly. both facebook and allison did great things to a point but after a while they gained so much power, monopoly powers. they are modern monopolies. bezos needs to be reined in. there need to be checks and balances. stuart: bezos will not be reined in and will not leave the company. i suspect zuckerberg will not be reined in and leave the company. >> regulatory needs to step in and we used to have standard oil and oil barons before.

now we have the tech barons. it is time to applying a modern lens to our laws and understand the type of monopolies being created and to break them up. facebook for example, should be broken up into instagram, whatsapp, and facebook. that is easy to do. amazon is in multiple businesses. it should be broken up along those lines. that business should be allowed to compete with each other. that is competition and the american way, competition and demolishing monopolies. stuart: come back soon. this is extraordinary stuff. you're okay with elon musk smoking weed, putting out wild tweets in the middle of the night but you're not okay with zuckerberg and with bezos. we have to discuss this. >> i live in silicon valley. everyone here smokes. that is how bad it is. i don't consume marijuana itself but it is common over here. it is part of the culture this is why elon musk bother me. as far as tweeting goes, the president is tweeter-in-chief.

tweeting is cool now. stuart: i think wadhwa, please come back. this is really good stuff. we like it. >> anytime. stuart: that was different. >> very good. stuart: articulate, dynamic guy. love it. joining us on the radio, brian kilmeade. brian, welcome, good to see you, sir. first of all, i want you to listen to what mitch mcconnell said about kavanaugh and the hearings just moments ago on the senate floor. roll tape . stuart: sarcasm if you ask me. what do you make of "the new york times" story? he may have thrown ice at a

party in 1985? >> it is unbelievable. they say the headline is sensational but the story isn't. basically in a bar. someone said he threw ice. someone got cut in fight that broke out afterwards. he answered a few questions. there was no problem. chris dudley, a former nba player, a goo friend his, went to bat as character reference, nothing that happened. let's be honest, nothing happened in the 90s that is negative. nothing happened after 1985 that is negative. nothing happened from 2000 to 2018 that is negative. we're debating what is in a high school year back. what somebody in 10th grade yearbook said about a 12 grade brett kavanaugh. he said it never happened. his best friend said it never happened. the farcical carnival on nbc with kate snow and the third accuser, he claims he walked around with a solo cup and

handed it to people. it might have been water, it might have been fright, it might have been fresca because fresca was hot in the '80s. we don't know. the assault she sadly went through, i don't want anyone to go through that has nothing even to do with brett calf -- kavanaugh. he may have been there, he said he is not even close to there. debbie ramirez says she was so drunk as a yale student she barely remembers brett kavanaugh and you will destroy somebody's life? >> i think they jumped the shark, if you ask me, i think they really did. i want to get to this, a missouri mom suing her son's school in federal court because he didn't make the soccer team. explode. go with what you like, kilmeade. >> i know this, especially missouri, that is a hotbed of soccer. i'm not kidding. st. louis sells out. proteams, even did indoor soccer in the '80s. they play. this kid got cut from the

varsity team and he junior. the school policy on the boy's side, 10th grader, can't play. wait a second, the girls are allowed if you get cut from varsity to play on jv. the guy says i don't care. that is our policy. so she says her son will be irreparably harmed if he can't play soccer three months in the fall on a soccer team. she is suing because of gender bias as well as i guess defamation or something legal. here to me, every kid watching right now, every parent experiences the fact unless you're michael jordan you will get cut from something. you will be benched from something. you have to deal with the adversity, give me example of my team, my town, we have the baseball team that is phenomenal. some juniors get caught end up playing division i programs. known sued. it is called competitive. i'm here in a baseball town. they're in a soccer town. we're carter, come back stronger. don't tell me i'm usually better

than the players in club soccer. that is part of this suit. they have letters saying he is better. not in that coach's eyes enough. stuart varney, how many people on your staff feel as you though you treat them as your favorite and others feel they're underappreciated? i will do some investigative work. i'm sure it is true. what if they sued you, sued you because you -- ashley: good idea. wait a minute. stuart: will you stop already, kilmeade? >> don't you have people on the panel you like better than other people? point out favorites. have the others sue you because they're treated unfairly. welcome to life! game on. life is not fair. grow up, missouri teen. stop having your mommy do your battles and getting a lawyer retained. you will reget it the rest of your life. stuart: by the way, the judge threw out the suit. thank you, brian kilmeade. >> i gave my word. stuart: he may or may not be back next week. thank you, brian, you're all

right despite it all. susan: who is your favorite? stuart: i don't have favorites. it's a great show and it works. stop it. don't sue me, okay? 75 bucks a barrel on the price of oil. there it is, four-day high. four-year high, sorry. this is days after president trump accused opec of ripping off the world. are these higher prices the result of what opec's doing? we'll discuss that. first though senate majority leader mitch mcconnell says there will be a vote on kavanaugh this week. i wonder if this will turn off female voters. i will certainly ask senator joanie mitchell bit. she is next. ♪

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stuart: toyota sales down 10% last month, compared to one year ago. the stock price actually is up, 70 cents at $125 a share. how about general motors? their third quarter vehicle sales down 11%. again that is compared to the same period last year. gm back to 33 as of right now. the kavanaugh fight, mitch mcconnell reaffirmed earlier this hour there will be a vote this week. joining us now iowa senator joni ernst. senator, welcome back to the program. >> thank you. stuart: are you concerned, a little worried that kavanaugh's confirmmation could turn off some female voters? >> well i think we have a lot of female voters across the united states that truly understand our country is based upon innocence until proven guilty. we have mothers of sonses. we have brothers, we have husbands. i think it is important we make sure when accusations are made they can be corroborated which

is exactly why we have the fbi supplemental investigation. stuart: so you're not -- i mean obviously you're concerned about which way the vote will go and how it will be affecting the midterms but you're not concerned that women voters will desert the gop because of kavanaugh? >> no. many women voters are concerned that we proceed with a very important vote. this is a extremely important seat on the united states supreme court. we know judge kavanaugh is very well-qualified for this position. so depending on this report, unless there is information that would corroborate miss ford's testimony, then i see that we will move ahead with this vote and i do believe that he will be confirmed. stuart: the trade deal with canada and mexico, you're on the agriculture committee. you're from a big farm state. from iowa. is this a good deal for iowa

farmers? >> it is a very good deal for iowa farmers and ranchers and our businessmen and women as well, too, and i want to thank president trump for engaging in these discussions getting the deal done with mexico and canada. we've seen expansion of the commodity products. we'll go into canada, levels the playing field for our wheat farmers. we'll see expanded access for poultry eggs, specifically important to us, of course, dairy. stuart: but china did focus on the farm belt and imposed tariffs on american farm belt products going to china. >> yes, they did. stuart: that's still there. that is still a negative for iowa farmers. >> it is although we are feeling a pinch right now. there is no doubt about it. we continue to push the president very hard on getting a good deal in place for china. they are important consumers of iowa products, we understand

that, but i'll share with you too at the end of one of my farmers roundtables not all that long ago, i had a farmer stood up, we support trump, we understand he is doing, what i don't understand why we don't have a president that did this sooner. stuart: i think that is a good last line. senator joni ernst, thanks very much. >> thank you, stuart. stuart: president trump heads to mississippi tonight. another make america great again rally. this time he is campaigning for senator cindy hyde smith. she will join us in our next hour. more "varney" after this. ♪ how do you win at business? stay at la quinta. where we're changing with stylish make-overs. then at your next meeting, set your seat height to its maximum level. bravo, tall meeting man. start winning today. book now at lq.com

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1209 is your price. oil, the price is now $75 a barrel. i believe we're there, just down a fraction there. jeff flock is with us. he is at the cme in chicago. jeff, are gas prices going up as well? reporter: quick answer is yes and by no small amount. according to those who know. i just talked to phil flynn, price futures group, our guy over there who has a forecast that gasoline prices will rise. we're 2.8 right now. will rise 25 cents by the end of the year, three months, almost 10% of an increase. he says crude during that same period will be up $10 a barrel to about $84 a barrel. where as i said, you said, it is $75 right now. just before you came to us, we got below 75. 74.99, as soon as that level hit buying came back in although we're down on the day. the easy answer to your question

is, yeah, we will get some increase in gas prices. i would remind you of this, stuart, this time of year coming off more from the summer blends which cost more, we typically see a decline in gas prices. instead we're seeing a increase and probably a significant one. stuart: jeff, summarize this, our guy, phil flynn is saying up 25 cents by the end of the year. that would mean $3 gas all across the country easily? reporter: that is significant because it's a psychological factor. if you have get a two in front of the gas it is one thing. if you have a three in front of it, it is a different mind set. it's a strong economy. a lot of people think we can withstand 25 cents. stuart: jeff flock, thank you very much indeed. the dow industrials up 85 points. that is where we are. we had a sudden move up in the last few minutes. the dow at 26,737. this is the session high at this moment, up, 86. ashley: yep. stuart: i said this before and

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stuart: president trump crisscrosses the country holding jam-packed rallies and feeds off the crowd and they roar approval. who can remember anything like this? he holds extended press conferences on any and all subjects. he feeds off the media, they respond with outrage. who can remember anything like this? truth is, none of us have seen

anything like this. the president's style and tone is radically different. his whole approach to the presidency is radically different. the twitter account, the insults, the nicknames, ability to engage with his audience, it's all new, you know what, i like it. it's entertaining, it's honest and america needs this, enough with the conventional politicians who seem scared to say what they really feel, we need the direct-full-on approach because this president set out to achieve great things, rearrange world trade order, revitalize the economy, confront china, rethink the nuclear deal and takes a new kind of presidency to tackle all of this, this is what we will be voting on in november. brand-new policies from a brand-new and very different president. he takes some getting used to because as we say so often we've

never seen anything like this before. ain't that the truth. the third hour of varney & company is about to begin. ♪ ♪ stuart: you know i do believe the rant should have been longer. i think i had a good point to make. i should have made it more forcefully. [laughter] >> pretty good. stuart:ly take it. the dow industrials not a huge rally, we are up 75 points, 26,728. all right, now look at this headline, it's from the wall street journal, editorial, it's called a new nafta relief. now, the article, the paper says, the new trade deal with canada and méxico is worse than the nafta deal. we need expert advice on this one, economist peter marici.

first of all, peter, is this deal, it's called the u.s. mca deal, is it worst than nafta in your opinion? >> it's a lot better than nafta, ensures, for example that the mexicans continue import, dump chinese steel and dump chinese auto parts, put them together in a car and send them across the border and cost american workers their jobs. there was no internet, there wasn't high-tech revolution and all of that when we wrote nafta. i was present at creation of nafta, it was a good agreement and has been made a lot better by these negotiations. stuart: so you like it? >> there are some things i don't like but on balance i like it. stuart: let me turn to joel, you have been consistently bullish on the stock market. is that good for the market? >> it's going to have modest effect in terms of the relationship that we currently have with canada and méxico, i

mean, they are going to trip it will wage in méxico, they will put restrictions, i think the 75% will have big effect in european manufacturing because now it's going to limit what they can bring in. a lot of people are not focusing on that piece. it was helpful for u.s. dairy in canada and also with the wine import into british colombia, the bigger part of this and the reason i like it is we see china deal coming down the road. china deal coming down the road that's going to have big effects on the market. stuart: everybody is not ganging up on china, there's some unity against china, you think that's a good thing? >> i think it's a huge thing. stuart: push china towards a deal? >> a lot of people are anticipating that, we are going to fourth quarter, we will have a very strong christmas, i think we are going to end this year on a very good note. stuart: okay, got it. i want to turn to peter on this one, the new tax law doesn't

lead to big gains in wages, new survey and says only 4% of companies plan any tax cut payments for salary increases, you know, the left is going the use that as ammunition against the tax cuts, peter? >> i know they will but it's a false thesis, the tax cuts were put in place because american taxes were overtaxed relative to competitors abroad and people were investing. businesses are now investing and the market is growing and the economy is growing faster. we have to remember we live in a different age. it's not putting up steel mills that cost a great deal. the shortage of capital and human capital, businesses are investing very heavily in human capital. they are rolling out training programs like we haven't seen since 60's, examples of people moving boxes around that become software engineers thanks to in-house training after all you can't rely on american universities to invest in people, so my feeling is that --

look at the senate last week, that's what university gives us these days. those kind of irrational people. they do. businesses have to train basically high school graduates on the spot to do the tough jobs that colleges can't do because they are too busy with other stuff, so, you know, this is great, if you think the tax cuts were too expensive cut federal aid to universities, it'll do everybody some good. [laughter] stuart: you know, it's a really good job that you have retired from teaching position at the university because you couldn't set foot on campus these days. >> actually i came off of one radio interview one day and the chairman of finance committee put shoulder to me into the halls, the trouble was like he was 6'2 and weighed 200 pounds. [laughter] stuart: okay, i don't know where you're going with this, peter -- >> it gets dangerous up there. stuart: joel -- >> you know i'm a college professor, right? >> i feel sorry -- that's terrible, that's terrible.

you have my sympathy. [laughter] >> how much time do we have, really? we don't get any benefits from college professors, from universities? >> not these days, 40% of college students are unprepared for professional work. >> no, i'm sorry. >> ly -- i will show you the data. >> i teach entrepreneurship, we are turning out new leaders in the marketplace, creative kids are coming out with new products, new services, where does he think it's coming from? [laughter] >> go to women's stupid department. >> i'm right next to it. >> i mean, we have never had a quality, crop of students that we have right now. our tech students are better than ever, we are bringing them in from around the world, around the world coming to the u.s. to train, they are not going any other place, they are training

in the u.s. if his statement was correct they wouldn't be coming to the u.s. they study at harvard, east coast, stanford, we have great students around the world, they come and they stay and they're building our tech products, creating new consumer discretionary products, building the future economy. stuart: let me jump outside of this argument because i have no standing here. you're a market guy? >> yes. stuart: you're bullish? >> yes. stuart: significant wage increases for many people is not a plus for the market. >> okay, well so here is the thing, we are tracking this very closely. we track entrepreneurial companies and we track nonentrepreneurial companies and the thing that we are looking at is r&d investment. many entrepreneurial companies per 30% in last 5 years into r&d and they are channeling more money from federal profits and ,

many nonentrepreneurial companies are buying back stock. the average worker is getting modest increases, the thing we are looking at now which we are really concerned about are corporate executives going to give themselves big profits, big bonuses your end, we are closely watching and we are seeing nonentrepreneurial companies going 3 times, 4 times last year's wages for june and end quarter, we are seeing some signs that executives are taking it to themselves, that's not a good thing. stuart: last word. >> well, my feeling is that corporations are doing a great deal on the training side which is very, very important and the tax cuts that were put in place to create these kinds of investments and r&d and training, businesses are spending money on things like bonuses because after all they have to be cautious if the economy slows, then they won't be able to afford $15 an hour. stuart: okay, i've got. peter, joel, that was a good discussion and i'm sure we will return to it because it's good stuff. >> if i'm not assassinated

first. [laughter] stuart: don't set foot on college campus, simple as that. thank you, gentlemen, appreciate it. looking at individual stocks, pepsi sales falling short about 1%, that's it. amazon very interesting story, raising their minimum wage to $15 an hour. 350,000 amazon workers get a pay increase november the first, big deal. harley davidson, they are going to sell clothing and and accessories on amazon's website, makes no difference to the stock, how about ge, fbn:am charlie gasparino says that puts mood at risk, the

. stuart: feeling good, aren't you? >> feeling good, the house is still our worry. stuart: i understand that entirely. thank you very much indeed. >> all right, stuart.

stuart: michigan is enforcing new work requirements on people on food stamps. if you won't find a job in three months or volunteer for 20 hours a week you lose your benefits. that is michigan today. as you can see on your screen, dow industrials are up well over 100 points. 26,700 where we are. the price of gold, sharply higher today, $19 up at 1211. price of oil, $75 a barrel, right at 75, down about 20 cents. 75 bucks as of now. average for regular across the country is now 2.88, up a penny yesterday. we had forecasts three bucks a gallon by the end. year. a judge in california has thrown out the sanctuary state law at least for one city.

judge napolitano. coming up on that. which state has the best performing economy since president trump took office? we'll tell you in a moment. here is a hint. it is not california. the answer after the break. >> dow did indeed hit a all-time high. the new high is 26,771. you saw it here. hopefully you will see it again. we'll be back. how do you win at business? stay at laquinta. where we're changing with contemporary make-overs.

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stuart: the dow is up 100 points, 102 to be precise, one dow stock intel moving sharply high, that's helping the overall market. intel is up 4 bucks, did you say? >> 4 and a half, dow component. stuart: it'll help. got it. now, on your screens momentarily a robot that can -- here you go, can store drywall and do other construction jobs, it's made in japan, more flexible than humans and can hoist up boreds, -- boards and tighten them with screwdriver. what does the construction union say about that?

i don't know. we asked you before the break, which state's economy is the top performer before trump took office and the answer is new mexico, who knew? new mexico leads the other states in job and wage gains, nevada second. followed by arizona, california and georgia. look at the stock price of netflix, it's going to let viewers pick the story lines for some of its shows, that would be interactive, you tell it how you think it's going to close out. i don't really care about that but the stock up nearly a buck at 382. what you're laughing at. [laughter] >> don't care. stuart: i really don't. amazon raising minimum wage for american employees, all those in america, maybe in part to avoid unionization, 15 bucks, 350,000 people. the live action presidency rolls on, mr. trump is getting ready to head to mississippi for a big rally tonight. we will tell you all about it.

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stuart: all right. we are holding at 100 point gain for the dow industrials, 26,752 at the moment. we hit an all-time high just moments ago. look at microsoft. i think it's pulled back a little. the trumpet a little early there. a few moments ago, we were at a brand new record high, well above $115 a share. slight retreat since then. look at amazon. it is raising its minimum wage for 350,000 workers stateside. they will get $15 an hour starting november 1st. this is a big story. joining us now, fox news contributor, scott martin. scott, would you buy amazon stock now that they have just taken on this big new wage cost that they just accepted? >> i would, stuart. maybe not so much for the wage rate other than the fact that is

good for them, a good sign the company's in good financial health that they can do this. hopefully they're not doing this via pressure from d.c. or other politicians who are taking aim at amazon but i would buy for other reasons. the fact the cloud domination of theirs has just started. the fact that amazon prime remains the gateway drug to massive internet spending and the fact that amazon is becoming a marketing and advertising firm in itself. there's a lot of reasons to like amazon here and the fact you are getting it at $2,000 a share seems pretty cheap. stuart: wait a minute. it takes a strong stomach for an ordinary investor to plunk down 2,000 bucks a share on a stock that's already gone through the roof. >> yes. and i'm no ordinary investor, having a few years under my belt now. listen, the tough part is about stock price, is that yes, it's a number and it's one that does take a little bit more cash than, say, sirius satellite radio, for example, at like $6, but the reality is this.

the valuation of the company is what matters. the revenue growth is what matters. the cash flow that amazon has is what matters. that's why amazon to me remains one of the best stocks on the street. stuart: i want more on amazon. zane is a guy we know well on this show. he runs at last count i think 43 apple biz, are you up or down from that? >> down. consolidation of the marketplace. stuart: what do you make of amazon paying 15 bucks an hour to 350,000 american workers? >> i think it has absolutely nothing to do -- start with what percentage of their total cost is labor. i would suspect it's a small percentage, and the sliver of what that cost is vis a vis the products they're selling. if you are selling consumer products in the thousands of dollars, they should pay their guys $20, $30 an hour, quite frankly, because of the margins that they have.

it's very much like doing the news without printing a newspaper, delivering it to the newsstands, having the newsstands take -- they cut all that out and sell directly to you and me. that's all margin. stuart: but are they doing it because they fear unionization, or are they doing it because it's a very tight labor market and they cannot afford to be short of workers at the holiday season? >> exactly right. in fact, as you and i have talked about, there's a huge trucking shortage of drivers, right? they got to deliver that stuff. there are not drones yet, the last i looked. yes, they have to attract people and we pay, we in our labor market of the restaurant business which has slivers in all fairness, we really do, we pay $18, $20 an hour to a good cook. a server can make $40, $50 an hour with their tips added on to the minimum wage. stuart: wait a minute. wait a minute. wait a minute. a server can make $40 or $50 an hour? >> including tips. yes. sure. on a weekend, they will make

$150 per shift, sometimes $200. down here on 42nd street they will make $200. they are probably watching me now and, you know -- stuart: you're in trouble. >> no, because i know i'm always monitored by thousands of our people. i have to be very cautious. it comes down to margin. their margins can afford that and then there's the competitive set to attract people. they are growing so fast, they need people. stuart: okay. you are in the restaurant business. you are also in the oil business. director of an energy company. >> i am. stuart: what do you make of president trump saying hey, opec, they're the ones who have got the price of oil up, we don't like it? what do you make of that statement? >> i think there's some truth to that statement, but i think the oil industry is a conundrum right now. more geopolitical than it is supply and demand. it's a fungible commodity. the iranians, i think everybody is getting ready for the iranian

embargoes to now squeeze a little bit more. i assume you know, of course you know, there's been rioting in iran. they blew up a well yesterday. i forget which stan it is, but they blew up a well. and that doesn't bode well even with embargo for iranian oil, number one. number two, i believe the saudis have committed to the president that they are going to help him get reelected. high gasoline prices at the pump do not bode well for a voter. low gasoline prices at the pump, that's what i mean, it's a conundrum. it's geopolitical. it's our local domestic politics. it's a commitment to the president. they obviously would like to see donald trump re-elected. he's closely aligned, it's the israelis putting pressure on as well. it's a martini shaken, not stirred. stuart: let me bring in jerry bailey, former exxon arabian

gulf president thereof. why is the price of oil today at $75 a barrel? >> zane did a good speech for me there. there are so many different things in being part of the influencing. i said it's going to stay between $70 and $80 and the word is geopolitical. there's so many things. you have libya, nigeria, iran, all of this stuff is affecting. it's not really opec. stuart: okay. we have american producers who want to produce as well. >> that's good. that brings american producers in. stuart: we have saudi arabia, they want to raise production because they don't want $3, $4 a gallon in america. >> they don't but they are pretty much up at the top. most of the opec guys are producing at high levels. we should take that as it will open up more work for people, more jobs, more things here in the united states. we have got things particularly in alaska that really needs to

produce more. my company now, this petrotech energy where you unlock oil sands in utah, we are now starting to produce. there's millions of barrels there. just this week, a group i'm working with doing some help down in south texas had calls from mexico people, oil people, said you can help us improve our production. stuart: got to get back to scott martin. you've got an oil play, an energy play, in other words, how to play the energy market for profit. tell us. reporter: i do, stuart. just like the gentlemen were saying previously, it's kind of sickening to think about all the oil wells that we have drilled here in the states, the massive barrels that are in west texas alone that are untapped. amlp is an etf that takes advantage of oil infrastructure. think about drilling equipment, think about transportation, pipelines, and things like that that are basically essential to getting that oil out of the ground. it's coming out of a three-year bear market, it's got a nice

yield on it at 8%. i think this is the way to take advantage of what is going to be i think a booming oil industry here going forward. stuart: okay. before we close this out, i want a prediction. jerry, where is the price of oil going to for the rest of this year? >> it will be up to $80. stuart: it will hit 80? >> yes. stuart: okay. zane? >> jerry agreed with me on everything. i have to agree with him. absolutely, no doubt. stuart: $80 a barrel? >> it may be better. one last thing, technology is changing as well. we left that out of the equation. we have much bigger horse power drills. we have rigs, rather. we have bits now that don't have to come up and be changed every time. i'm an investor in a technology company in houston, texas that is doing things that are mind-boggling. stuart: anything you have not invested in? >> you. stuart: buy me lunch if you like. i want to thank everybody here. scott, jerry, zane. gentlemen, good discussion. very good. thanks very much, everyone. couple things.

whirlpool is down, goldman sachs says sell that thing. it expects whirlpool to be hit by more domestic competition. down 2%. stitch fix, online personal stylist, client growth slowing. what's doing with that stock? can we show it? i never heard of the company. i don't know what the service is. >> it's down. stuart: down 30%. there you go. taking it on the chin. not funny if you own the stock. president trump will campaign today in mississippi for the candidate up for re-election. we'll deal with that in a moment. a new study found hackers are selling facebook log-ins. you won't believe the price. that story in 90 seconds.

let's check the markets and facebook right now. we are seeing declines, technology leading the advance today of both the s&p 500 and the dow jones industrials. but facebook as we have been hearing about this hack, down about 1.5%. meantime, amazon seeing interesting moves after they have initiated a $15 minimum wage. big tech the focus today. facebook is down but amazon seeing gains. we are also looking at apple as

well. we have hit intraday record levels for the dow and are looking for a new record close today off of the s&p 500 on track for similar gains as well. this is after a cloud had been cleared from the overhang of this renegotiation of nafta 2.0. more after this. hey there people eligible for medicare. gimme one minute... and i'll tell you some important things to know about medicare.

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stuart: jet blue is planning to introduce basic economy fares. i thought that's what they did anyway. these fares, they say it's going to attract more price-conscious customers. the tickets won't go on sale until late next year. okay. now this. a judge has ruled that the state of california cannot require huntington beach, california to limit a state law that limits collaboration between local police officials and i.c.e., in other words, sanctuary city rules don't apply in huntington beach. so says that judge. how about this judge, judge andrew napolitano. is this a negation of sanctuary cities? >> it is unique to california because the cities and towns are creatures of the state legislature. they are municipal corporations authorized by the state legislature so the legislature which created them can take back some of their power. not according to a state judge in california so even though

california is a sanctuary state where all who work for local, county or state government are prohibited from cooperating with i.c.e. or other federal immigration authorities, if a local municipality exempts you from that prohibition, hope we are not too into the weeds here, that exemption stands. stuart: in other words -- >> california is more of a mess than we thought. stuart: huntington beach can opt out of this no cooperation with i.c.e.? >> yes. and you will probably begin to see that now, particularly in orange county, california and other places where there's likely to be more of an inclination to work with i.c.e. rather than resist it. stuart: good. >> i'm telling you, it's unique to california. i don't know that this will be upheld if it goes to the california supreme court because it's really crazy to have the laws meaning different things in different cities. stuart: i wonder what i would have done in the 1970s when i first came to america as a green card holder, as an immigrant --

>> and lived in california. stuart: and i did. lived in san francisco. there's no such thing as a sanctuary state rule there. nonsense. everybody knew you overstayed your visa, you broke the law, you did a criminal act, you are out. you are out. >> overstaying your visa is not a criminal act. stuart: okay. but if i had done that, if i had a visa in 1972-73, and i overstayed it, they would have thrown me out. >> let me ask you this. when exactly did you renounce the queen? did you not? stuart: i did. what else you want to say? >> no further questions. stuart: let's talk -- wait, i'm going to give the questions here. don't just launch on me. mitch mcconnell on the floor of the senate today saying there's going to be a vote on friday and he mocked the "new york times" for their headline saying

kavanaugh was questioned by police in a bar in 1985. stories all about he may, he may have thrown some ice. >> i don't blame that mockery at all. that "times" story is preposterous, ridiculous and absurd. the only thing that is relevant in his youth now is evidence that might contradict something he said under oath and i don't think he spoke at all about being interrogated by police for throwing an ice cube which, when you put it that way, sounds ridiculous. stuart: the "times" is making a mockery of our rule of law. >> they are making a mockery of this. stuart: if we think about rejecting a justice of the supreme court because he may or may not 35 years ago have been involved in an altercation in a bar with ice, if we reject him on those grounds, there's something wrong with america. >> i agree with you but hopefully the rejection or affirmation will have nothing to do with an incident in a bar

with an ice cube. remember, if he creates the impression that he was a choir boy and he wasn't, that is relevant. stuart: okay. >> so i don't know what the fbi will come up with. when is the last time a nominee was approved by the committee and then the fbi investigation took place after approval? what happens if some evidence comes back they should have had before they voted to approve? is the committee going to sit again? we are in virgin territory as you said this morning. stuart: it's very uncomfortable. >> uncomfortable for everybody, whether you want him confirmed, whether you are indifferent or whether you don't want him confirmed. it's virgin territory and is very uncomfortable. stuart: would you agree with the following, start of a new bombshell, he will be confirmed by the full senate on friday? >> i think this extra fbi investigation has given some comfort to those who were wavering. and also some of the democrats running for re-election in

states that donald trump carried handily in 2016. heitkamp and manchin and donnelly. i think this extra investigation has given them some comfort. stuart: you agree with me? on friday, he's confirmed? >> no, i don't think so, because of the 30 hours of debate. schumer won't give up one minute of those 30 hours. stuart: there will be 30 hours of debate? >> yeah. i don't know if it's 30 consecutive hours or eight-hour days. but i don't believe that that vote can happen this week. i think the challenge articulated by senator mcconnell, the vote will happen this week, was meant as a metaphor, not literally. stuart: you don't think it's going to happen? >> it's going to happen but i don't think it will happen the next two or three days. because of senate rules that require that there be this availability for debate. if the democrats want to take this time, they can. stuart: 30 hours. >> yes. stuart: you don't know whether it's consecutive or spread out? >> correct. i don't. i imagine if they debate at 3:00 in the morning who would be

listening? stuart: who cares. it would be the responsibility of the senate to debate the 30 hours and mitch mcconnell will set the rules. get on with it. >> he will set the agenda, not the rules. the rules have already been set. that's the 30 hours. stuart: yes. well, he would set the rules as to whether it's broken up or 30 consecutive hours and when the 30 hours begins. he will set that. >> you are probably right. you are probably right. but i don't think he can do that until the fbi returns its report to the president and he gives it to senator grassley, who shares it with the members of the committee. stuart: okay. all right. i will be quiet. >> oh, i want a tape of that. stuart: thanks, judge. see you tomorrow. >> any time. stuart: i think this is very close to the high of the day. we are up 123. the old high was -- i'm searching here -- >> new record close, 26,679 i

think was the record close. we need to get above this level. we are close to it, though. stuart: okay. the new intraday high is 26,779. i think we are all clear on this. thank you for that assist. all right. what is gasparino up to now? did you read the prompter? i think you did. charlie gasparino reports that general electric is on the verge of a downgrade by moody's. he says that almost guarantees the dividend of ge will be cut or eliminated. that is hurting the stock. it had a pop in the last couple days but is all the way back down to $12 a share as of right now. president trump will campaign for senator hyde-smith in mississippi who is up for re-election. she was supposed to be on this show but had a change of plans. a new study found hackers are selling your facebook

log-ins and selling them really cheap. that's amazing. that's after this. how do you win at business? stay at laquinta. where we're changing with contemporary make-overs. then, use the ultimate power handshake, the upper hander with a double palm grab. who has the upper hand now? start winning today. book now at lq.com.

what do you look for i want free access to research. yep, td ameritrade's got that. free access to every platform. yeah, that too. i don't want any trade minimums. yeah, i totally agree, they don't have any of those. i want to know what i'm paying upfront. yes, absolutely. do you just say yes to everything? hm. well i say no to kale. mm. yeah, they say if you blanch it it's better, but that seems like a lot of work. no hidden fees. no platform fees. no trade minimums. and yes, it's all at one low price. td ameritrade. ♪ stuart: high of the day, here we are. we are up 129 points, 26,780.

never been higher. i do declare, if we close with a gain of more than 92 points, we will close at the 102nd record high for the dow since the election of president trump. okay. so the dow is up a half percentage point. show me the s&p, please, because that too is higher. only .16%. how about the nasdaq, what's that doing? that is up but just .15%. in other words, there are a couple of dow stocks like apple, for example, which are propelling the overall average much higher. intel is another of those dow stocks. susan: boeing, caterpillar, 3m. lot of industrial stocks today. very interesting. stuart: that's why the dow is up more than the s&p and nasdaq. all right. look at apple. there you have it. $229.59, that's a high. politics. president trump is heading to mississippi at this hour. he will hold a campaign rally for senator cindy hyde-smith tonight. the senator was supposed to join

us on this program at this hour, but at the last minute, she got a ride with the president on air force one. now, we entirely understand the cancellation for that reason. we hope to have her back on the show very, very soon. facebook hackers are selling stolen passwords on the dark web. they are going for as little as $2.60 per log-in. susan: per user, yeah. stuart: this is from a study from the money guru. that study also found you can buy somebody's complete online identity, name, address, online shopping account info, social media profiles, you can get it all for less than $1,000. i'm going to call that expedited identity theft. that's really bad news. less than 1,000 bucks to take you over. i think we're out of time almost. there will be a fraction more "varney" after this.

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stuart: what a date on the markets. didn't start particularly well. we have new records all over the place. susan, tell me how many records for the dow since the election of trump and since the inauguration of mr. trump? >> the dow is on pace for 102 record close since the election, right in november of 2016 under the inauguration or after the inauguration under president trump. 85th record close for the dow. stuart: let me try to put this in dollar terms. if you look at value of all stocks since the election they have gone up by $9 trillion. that is an astonishing number. that is our national wealth expanding by 9 trillion.

susan: economy is only 20 trillion, if you think about it. the gains are already half what the economy is worth. you will like this. microsoft, apple hitting all-time highs today. stuart: love it. thank you, susan. time's up. neil, all yours. neil: nine trillion. how much of that is yours, stuart? stuart: just a smidgen. neil: this is the second strong day going into the final quarter of the year. there are all sorts of funny little stats on that, the start of the first week of the first vital quarter goes. it interesting developments that go on for a third day, then it could portend very good things for the fourth quarter, for the year. who knows if any of that stuff is accurate. like chicken entrails and tea leaves. people follow it. i follow it with some interests. we'll see if this continues here. talking about a surge of the markets since donald trump was elected. a 4