>> finally this morning we have a new addition with the morning with maria family meet miles logan hauser the lead senior producer, he is 6 pounds 9 ounces and 20 inches long, mom and baby are doing fantastic, congratulations rachel and andy, we send you our love, she did it with no drama, she worked until the last day, she went to the hospital, had a baby in six hours and welcome this beautiful precious baby. >> what a little peanut, we are so happy for them. >> congratulations, you are a superstar, "varney & company" begins right now. david asman in for varney. >> welcome miles, welcome to the

world. good morning, everyone i'm david asman and for stuart entere. a second virus wave in your, that continues to weigh on investors minds today but there are hopeful signs as you can see green on the screen, meanwhile big tech is trading in the green, amazon is seeing the biggest premarket pop, they just got an upgrade from bernstein to outperform maintaining the $3400 price target, amazing, battery day for tesla which continues to plow ahead, it's awful little bit and premarket activity but elon musk say we will see the new product announced until a serious high-volume, until 2022, that's when the new battery will be coming out, the market is waiting on that, and politics versus the supreme court, still in focus, trump met with amy

coney barrett on monday, multiple sources telling fox news that she is the front runner to succeed justice ginsburg. senate judiciary chairman telling lindsey graham and sean hannity that republicans have enough votes to confirm a replacement, today we hear from mitt romney on whether the one republican who voted to convict trump on impeachment will also oppose them on a supreme court pick, were 42 days away from an election in president trump continues to travel across the country, he he is in ohio were something interesting happened, republican governor was booed with trump at his side, wait until you hear president trump's full reaction, we have the tape, the president is heading to pennsylvania tonight meanwhile biden has another day with a flag schedule, not a zip but his campaign is spending a lot of money on tv ads in key battleground states, will ads alone be enough be able to swig

a trump state blue, be with us, "varney & company" begins right now. ♪. david: futures right now as you can see are mixed, let's bring in market watcher mike murphy, investors are bracing for months of big market swings as a virus and political chaos, now the supreme court are weighing on it, how much longer will we have the volatility, do we have to wait until all of the votes are counted? >> the short answer, probably yes, there's a lot of uncertainty in the market right now, whether you talked about coronavirus, whether you talk about the election, whether you talk about stimulus, there's so many things out there that investors can focus on the negative side and that's where you see the volatility, i think

for people watching at home is headset pretty easy when you see apple trade from almost 140 down to 110, if you were kicking yourself up at 140 saying i wish there was a pullback that i could buy, this is a great time to buy as we talked about a lot, we will get past coronavirus and we will have a winner of the election and once the market has less uncertainty, there's enough behind it with the corporate earnings to support higher prices. david: if the winner of the election is joe biden, we know taxes are going up $3 trillion, that's how much money will be moved from the private sector to the government and a lot of people think that will lead to lower profit and therefore lower stocks. >> i think a biden presidency, taxes would be one of the things, not the most pressing thing, i think national security would be the most pressing

issues. but any tax hike, remember does not happen overnight or the day after inauguration, if biden would win but i don't see happening, if it were to happen, the tax hikes would be gradual and i think corporate america the s&p 500 the largest companies out there are going to figure out the best ways to keep their most of their profit and they're going to figure out in earnings are going to be fine, the short-term hit, not a long-term or tradable event for investors. david: i think it's interesting that you see the international concerns that people are going to be focusing on with regard to a biden presidency, you think biden would not do as well internationally as president trump has? >> i think you have a 47 year track record to compare it to an eight year record as vice president, i think china and the chinese government are pulling very hard to not have to go up against president trump, they would much rather deal with the president biden then abide in a

administration, i think the best thing of what president trump and his administration has done is really put america in a leadership position and not given to international parties. so if biden were to lose, president trump loses the election, there is going to be a massive reset to back where we were under the obama administration, that is not good for the u.s. and not good for u.s. prophets. david: we know how that works out, plus we have the piece deals that the president worked out in the midst of all the chaos. interesting perspective, mike murphy, thank you very much. let's go to great britain, they are seen as surgeon coronavirus cases, look at this chart right here, a clear second wave rising, government scientists are warning they may face, emphasis on the word may, 50000 new cases per day by mid-october if things keep progressing as

they are, let's bring in doctor marc siegel and health professor. good to see you doctor, thank you for coming in. we should emphasize again that these projections, the scariest projections that we saw yesterday are not necessarily going to pan out if people do what they're supposed to do. right? >> that's the key david, were seen differences across europe. italy which had the most severe outbreak to begin with has about 1500 new cases a day, united kingdom which you mentioned 3700 but france and spain are getting hit the hardest between 10 - 11000 new cases per day, the reason is italy has maintained its physical distancing, masking, not having the gatherings, that has really played a big role in not getting near people who are most at risk, that's another thing italy has done right. david: let me keep it on the uk for second, that is what spooked investors yesterday, will happen

in the uk and their decision to pull back on the reopening, it is not a close down and they're not locking down again, they are closing the pubs at 10:00 p.m. as opposed to later, a lot of them are not of been opened yet. susan li is laughing at that, she knows the details on that. specifically are we going to see the same reversal inner economic opening that you see now in the uk. >> i certainly hope not, i'm not even talking about curfews. that's not really the issue. more severely the lockdown, the more marginal the advantage in terms of the virus and the more severe the outcome of terms of the economy, mental and physical problems that we are seen as physicians, i'm extremely worried about this, in france, they are cutting off alcohol in france, i cannot believe that the country would restrict alcohol of all places. in their cutting down on public gatherings, i'm okay with cutting down on public gatherings to stop the spread of the virus but the key is a physical distancing.

david: the key is also what happens when the vaccine comes out, a lot of people are afraid and we have fear being generated by democrats, some who are suggesting they would not trust a vaccine coming out during the trump administration. what are the details we had health secretary alex azar talking about that, what is the very latest on a vaccine. david: first of all and deeply disturbed about the politicized nation of this vaccine, i thought it was the one area all hands on deck, are you kidding nobody's pushing this because of an election, what is happening the science is emerging which is really exciting, pfizer has 44000 people in study, 22000 are getting the actual vaccine, across-the-board with several vaccine manufacturers and there's three and phase three trials in the united states, you are not hearing about severe side effects, you have a data safety monitoring board in the

u.s., hhs looking very carefully at this, what secretaries are said yesterday, we may see different vaccines emerge for different people but i'm most concerned with a high risk groups, the obese, people import neighborhoods and especially with healthcare workers on the front line fighting covid-19, if you ask us as a group, healthcare workers, we are going to say we want the vaccine early and were more afraid of the virus then an emerging vaccine that is scientifically tested. >> it's extraordinary with tens of thousands of people taking the vaccine, you have the one case so far, that's extraordinarily good news, let's focus on the good news, other good news you have a new book out it is called covid, the politics of fear and power of science by doctor marc siegel, you can buy it now, great to see you. thank you very much. david: tesla, we have the shares

down after elon musk tweeted a warning about battery day today, susan li come in with the latest. susan: we are tempering down expectation, not exactly elon musk style but that's what he's doing today anticipation of the battery day. we are looking for and unveil when it comes to a long-term production, let's bring up the tweet if we can, this affects long-term production especially in roadsters, now we preach serious high-volume production until 2022, bottom line nothing in the media but the take away is analysts are still expecting some battery sale which will be introduced later on today and musk did tweet that this is not exactly terrible for the panasonic and the lg's who they have been buying in tandem with to produce the batteries and analysts are still bullish on the battery business and they expect an announcement of a battery sale today maybe longer range instead of 200 miles you get 400 miles per hour charge,

credit suisse says the battery business is worth $100 billion on its own because they expect tesla to sell batteries and other futures. david: if they can double the margin that would be extraordinary. 405, i might think about it for 400. check the features, they are mixed, the dow futures, forgive me they are not mixed at all, they came up into the green, they are all in the green, not by much but an encouraging sign, a lot of people wonder what yesterday's losses would extend into another day of this week, so far not, we will see what happens in about 15 minutes. florida governor ron desantis is proposing a sweeping set of laws that will crackdown on writers and cities vowing to defend the cities. >> we also have a provision that says any minutes apology that the funds a police which is just an insane policy like cutting

off your nose despite your face, if you do that the state government is going to defund you. david: he's taken a hard line stance against the lawlessness taking place in cities all over the country. we will break this down in his new bill coming up with our guest. nancy pelosi is not taking impeachment off the table, gop members say it's time for her to be removed as speaker, andy biggs is one of them in leading the charge and he joins me next hour, with all the election chaos, where does that leave a potential second stimulus, steve is here to react in just a moment. ♪ non-valvular afib can mean a lifetime of blood thinners.

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david: now this chinese leaders are considering releasing a blacklist of u.s. companies according to the wall street journal, some of their leaders are actually hesitant to publish this list. why is that. susan: they want to wait until after the election they don't want to sway the vote in november, the blacklist in retaliation for the ban on huawei and we chat, also for the for-sale tick tock, blacklist the company's and individuals and they would be banned from selling and buying from china and from investing in the country, it's a really tricky balancing act for the chinese leadership as a way to hit back at washington without inflicting long-term damage with the business relations between the two largest economies in the world, one company to hit the list and beyond is quoted by the journal because it's directly competing with huawei when it comes to telecom equipment, the trying to blacklist companies, we know the white house and the administration say they could hit back harder and their

threatening changes on china's biggest companies like ali baba of the world and the smic in china mobile, it is reality that the u.s. has more arrows in their quiver than china does. david: this could get ugly with tit for tat going on, we will see what happens, thank you, live look for the capital on your screen it is late september and there is no stimulus plan on the table. let's bring in steve, good to see you steve. there are deals being cut between the trouble administration and individual states and things like the federal unemployment extra bonus, it is now $300 instead of $600 but still states have a lot of unemployed workers and their anxious to get money to them and they figure that 300 is better than nothing and all that we hear from democrats are promis promises. >> this is one of the big holdup in terms of getting a deal,

nancy pelosi is sticking to her position that it should be $600 a week which by the way, that causes huge problems in getting people back to work, talk to any small business employer and anybody who runs a store or factory and i'll tell you it inhibited people getting back to work, $300 is kind of a compromise, the problem is the federal government is running out of the emergency money for the benefit, that is issue number one, issue number two is the big elephant in the room, what are you going to do about the blue state bailout that nancy pelosi, obviously in california and schumer of new york, the two states in the worst physical shape are desperate to get federal money, meanwhile you have most of the republican states by now that are balance their budgets and are saying wait a minute we don't need more federal money and that's what the holdup is.

david: the president has been clear, he's not going to spend a trillion dollars as nancy pelosi wants them to bailing out a bad pension deal. that seems to be a dealbreaker. >> even $500 billion which is what some democrats are offering a compromise, $500 billion is a huge amount of money and what is interesting about this, i went back from the time that nancy pelosi actually passed the three have true you dollars spending bill which was back several months ago and today and what is different the economy has done much better than anybody expected, nobody expected ten and a half million jobs in four months and nobody expected we would have a second or third quarter gdp that looks like it will come in at 30%, what is happening, the huge physical problems that the states anticipated, they have not

happened except for a few states, new york, illinois, connecticut, new jersey and california, all blue states. david: usual suspects as we state. anyway small businesses can cut some kind of deal with the trouble administration, maybe another executive order for a bailout because they are really hurting, something similar that happened to the unappointed checks. >> that's exactly what trump was doing right now, trying to get money to the small businesses and how we can continue the unappointed benefits without a deal for pelosi and the democrats for the congress will challenge and not recover. david: then he can accuse them for being anti--- >> i totally agree, the odds are less than 50/50 that they're going to get a deal, at this point what i told the president, even if you get the money it's not going -- the money will not get out the door until 2021, what is the point. david: steve moore, good to see you, thank you for coming in. keeping washington street if you can, next case facebook claiming

they've helped millions register to vote, how many millions. susan: it is national voter registration day, facebook wants to register 4 million voters by election day, so far to answer your question, to have million people signing up to cast their ballots for november 3 so how does facebook help you register to vote, if you notice at the top of instagram or messenger pages you will see a notification, that direction to states information page and list key deadline, pulling our invoke by mail option, one more thing in about two hours from now, there's going to be a virtual vote of son that is going to be live streamed on facebook with tons of celebrities explaining why it is important to cast a ballot in ruth bader ginsburg news may have just energized a lot of people on both sides. david: exactly, very good point, although the embassies are in positive territory, just for nasdaq which has a very secure

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david: according to new data when the new york city hospitality nearly 90% of the city bars and restaurants could not pay august rent, this is extraordinary, bradley tusk wrote an op-ed saying work is changing profoundly in new york city will not be able to adapt, bradley, it's a depressing column but not just new york, you think of l.a., chicago, all of these major cities, the major hubs in the universe where people are not coming back, how do you get back to normal? >> it is really a problem, in some ways it echoes what we saw in the second half of the 20th century with manufacturing from the u.s. to other countries all over the world, what happened there when manufacturing started realizing i can make the goods in different parts of asia or latin america at a fraction of

the price with roughly similar quality, makes sense to do so and over a period of decade is exactly what happened, up until now, it's just an assumption that office jobs have to be in an office, white-collar job where people work every single day and those were mainly in cities like new york, los angeles, san francisco and so on and what i think the market has learned the last six months, you don't really have to be anywhe anywhere. david: let me push back a little bit, reed hastings for example made a lot of money in netflix and he says there is 0 positive would not coming to work, there is something that happens with person-to-person contact that you cannot get via virtual mechanisms. >> reed is running an incredibly successful technology company that is unlike 99% of businesses in this country, i think a place

like netflix that will give them so much creativity and that may be true but your typical insurance company or healthcare company or whatever else is just done on people's computers at their desks anyway, i think what employers see that can reduce their cost significantly, a lot are going to do in a city like new york, l.a. or chicago, you don't need all the jobs to go away for the city to be in big trouble, there is 20% of businesses. david: forgive me for interrupting but we have the opening bell on the market and a lot of people watching that are curious as to what is going to happen, we did have modest positive gains, those are accelerating at least on the dow even though you see more red on the screen then green but nasdaq has a very interesting positive move much more so than the s&p were the dow, it's about a half a percentage point gain of

14.55, excuse me 89.31 is the nasdaq gain right now and before it was s&p, that the most a 1% gain on the nasdaq and big tech as you can see is mostly in green, i'm wondering where their heading. susan: were looking for rebound and the dow's worst day, for straight sessions of losses, the longest losing streaks u since september, it is done roughly 6% for the nasdaq has tumbled over 8% for the worst september going back to the financial crisis 2008, we had a lot of frost coming out of the market, apple and bear market territory which is down 20% for recent peaks to $137 is the record high but some people say is profit-taking given that you see such a big run up so far this year and is not just apple that is come off of it, the rest of big tech, amazon was trading below $2900 yesterday, facebook and alphabet

and i want to bring up the travel stocks because they really got battered in the session since we know there might be more cases coming in europe, we have trouble possibly being tendered and then also a second lockdown and the rest of the world but a bit of a comeback today. david: it's hard to go any low lower, by the way amazon which is about 2% right now did have an upgrade and that was very good news, really good news for amazon, thank you for the fight over the supreme court vacancy hurting the healthcare stocks, the justice may help decide the future of obamacare. tell us details on that and how it's affecting stocks. ashley: good morning, the looming battle to confirm ruth bader ginsburg replacement has created a level of uncertainty over the future of the affordable care act or obamacare, here is what's going on and resulted in shares of health insurance and hospitals essentially sell enough, we saw yesterday and seen a marginally

again today, as republicans push for a new nominee before the new administration, the concern is that aca will be repealed, shares of medicaid insurance like 17 fell sharply in yesterday's session, you can see the recovering today, hospital operator stocks also dropping including tenet healthcare, universal health services, investors they worry if aca is repealed, millions can lose their health coverage and in turn hospitals will be faced with higher uncompensated rates, in other words they don't get money for the services they provide, the high court is said to hear the latest constitutional challenge to obamacare on november the tenth, even if the justice were be seated in time, it could push the balance of the court in favor of repeal, that's white's affecting the sectors. >> that's white's become a political hot potato and we will see more of that and talk more

about in the coming hours, good to see you. thank you very much, fears over the coronavirus and reopening are giving a boost to stay at home stocks, we were just talking about that to bradley task and i want to say goodbye to bradley, he was great as usual but what's the latest on this. lauren: this is a new economy where your home for more than time, the names on the screen, zoom and dock you sign were down five or 6% yesterday and peloton and after and slack gaining 4%, you can see most of them up again today and also a lot of the name names like electronic or blizzard because what we are seeing in the uk that their issuing curfews and telling people to stay home, there is a fear as the cases worldwide spread that that can happen here in the u.s. and if you were going into the office and sent back home and doing more work at home and play at home, those are the names unfortunately that

would do well in a situation like that so what it does overall a cast doubt on the recovery that we have seen. david: always a way to make money even if there are the slight downturns concerning the virus as well. thank you very much. one work for you, u.s. cruise line say they will test every single passenger for covid-19 once they resume sailing, wha hw will that work out. ashley: it will be a long line to get on the boat, all crews will be tested before they can get on the cruise ship and begin sailing again, it's about trying to create confidence among passengers, cruise lines will require passengers and crew to wear masks while on board whenever physical distancing cannot be maintained, the new safety plan does allow limited sure excursions but requires passengers to wear a mask and stay apart from other people during those excursions, don't hang out in a crowd, passengers that don't comply will not be allowed to reboard, so far no

data being sent for the resumption of cruising in the u.s., the caribbean or mexico, the cdc has a no sale order for u.s. border to the end of this month, that order has been extended twice since march but once the cdc finally lifts the band it will take operators another month to prepare their ships and trained the crew before they can sail again, at least we are talking about it but it is still a little ways off. david: as much as a mess it's going to be to get back in order, there's a lot of people desperate to go on a cruise, there are hundreds of thousands of people who live for these crews. they will probably take the time, we wish them luck. a quick check of the big board, modest gains all across the big board, the dow jones industrial up about 75 - 80 points today and nasdaq has the biggest gains, right now although s&p is doing quite well also, even gold is doing pretty well, gold is up

about $8 an ounce if we can see it up there $10.20 an ounce, oil took a big meeting yesterday with the news from the uk about not a lockdown but a pullback from the opening, it took a heck of a beating today, it up about 63 cents a barrel of oil. coming up according to fox news sources, president trump has met with amy coney barrett to fill the vacancy of late justice ruth bader ginsburg, meanwhile senate judiciary chair lindsey graham is confident that the gop does have the votes to confirm ginsberg's replacement before the election, rotate. >> is pretty obviously one outcome to destroy anybody's life to keep the seats open. if seen the movie before it's not going to work, did not work with kavanaugh, we have the votes to confirm justice

ginsburg replacement before the election. david: with 42 days until the election, can republicans pull this off, more on that coming up and nikola taken a huge hit after accusations of fraud after former executive chairman trevor milton overhyped its capabilities, andrew said he saw this coming and he will make his case next. ♪ ♪ i'm hector. i'm a delivery operations manager in san diego, california. we've had a ton of obstacles in finding ways to be more sustainable for a big company.

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he still has a lot of stock, the stock is worth more than the money have to pay back. susan: he's giving back $166 million in restricted shares but he walks away with over $3 billion, he also has the forfeit $20 million in consulting fees, still not a bad payday for trevor milton, he walks away as executive chairman of the company that he founded after the d.o.j. and sec announced investigations into fraudulent claims made by trevor milton in a state working demonstration of a truck that did not work, or short seller hindenburg, nikola stock fell over 20% yesterday and traded under $25 which is the lowest opening price for the company since it went public on june the fourth, despite all the controversy general motors sticking with the investment with 11% of the company and the gm executive took over for milton as executive chairman of nikola and they say they did their due diligence examining the company before they made their investment, deutsche bank cutting the price target to $29

from $50 on concern that the milton message sends the market. david: the dividing market overhyping something and out and out fraud. susan: fine line as they say in someone who knows that well is elon musk. david: he hypes and then he pulls back, we have to wait two years for full battery. thank you susan, let's bring in andrew left with citroen research, and are you really called this. >> i saw in june, trevor is no elon musk, his claims were playful and you can see it was not there if you look at the team that was assembled, very important to know one thing about elon musk, tesla was not a phenomenon until it was launched in the model s and it's a best vehicle out there, before that tesla was $30 a share for years, everybody wants but just because you want to be does not mean you

are. david: trevor really went beyond just typing, he promised things that will never be delivered. >> all you have to do is watch trevor on his twitter feed, he sounds extremely amateurish, ignorant for a better term and you can tell he is no elon musk. when all of the revelations came out about him deceiving wall street's, to me it was no surprise whatsoever. david: if you judge somebody by their twitter feed, even elon musk would have something to apologize for, let's move on to the market down from the recent highs, is it a good time to bite and the dip or still too volatile. >> i was on the show like 20% higher on the nasdaq were 15% higher, you buy things that you don't mind holding through this, i own amazon, it goes lower and i'll continue to own amazon is not going to change but if you take the high flyers hoping they get back to where they were, you

might have to rethink things. david: what about repositioning, maybe getting out of the high flyers and into something more stable. >> i think we'll see that more pc vaccine, maybe if it's away from tech but tech is the way to go and has estate home stocks and there's no indication that that is going to change in the near future. david: the big question of what is more vital in investors minds right now, whether the virus itself and the reopening of the economy all over the world or whether the political election and all the political discontent that is going on in the united states right now. >> the election will affect the market overall possibly but the virus in opening up affects different sectors, exactly what you're talking about with carnival cruise lines which i own carnival cruise lines because any bit of good news could make the stock have a pull

tire, you will see realignment when it comes to vaccines but the overall economy will be more effective by their market with an election. good stuff and good work on nikola. that was extraordinary, speaking of another issue that is infectinaffecting investors, wee breaking news, trumped weeding out i will announce my supreme court nominee on saturday at the white house, exact time, to be announced, he told him he told the "fox & friends" people that will happen sometimes this weekend, now it's specific, saturday is the day we will hear about his nominee, video streaming service we be mason be up for sale, they are still struggling to get subscribers. lauren: their launch in april has been oh so good for streaming but they are the streaming site founded by jeffrey and ron by meg, show short videos on your phone meant for viewers on the go with people at home and have more

time than ever, they have time to watch something longer than ten minutes. right now they are signing off for its rival instead of quibi, it is exploring the its sales and going public to raise money. david: it is quibi, thank you very much. another one, mulan turned out to be a big hit for disney+ even with a high price tag, you pay for the subscription and then on top of that you have to pay for the movie but it did pretty well. lauren: because of the 30 box, mulan is profitable, just reached the milestone a week after disney put the movie directly on disney+ for $30, that was on labor day weekend, if you look at data it shows 29% of households that subscribe to disney+ and also shelled out 30 bucks for mulan, if you do the

math that is $270 million for a movie that cost 200 million to make, it is profitable already, the next question is this, was the direct on disney+ a one off or is this a new strategy for disney and others, either way what disney did and what the success proves as they have a stronger hand when it comes to negotiations with movie theaters when everything is back open again and they're putting their movies in theaters, they can negotiate better terms for themselves and also maybe a tiered service on streaming, there is a disney+ premium, will people be willing to pay for that, i think the answer may be yes. david: very quickly, did you buy it? lauren: no, kids don't really sit through movies, they were short attention span. david: thank you, let's take a look at protesters shouting and blaring horns in the middle of the night outside of lindsey graham's house following his

support to move forward with president trump's nomination to fill the supreme court seat vacated by ruth bader ginsburg death over the weekend, isn't this a form of intimidation and maybe a form of violence, i know brian kilmeade is fired up about this, are the days of black friday shoppers rushing for deals over, a lot of people are not crazy about the crowds but the folks who on the retail shops love them, the pandemic has surely changed how we shop, we will debate whether the end of this crowd is a good thing or not. that is next. ♪ it's a thirteen-hour flight, that's not a weekend trip. fifteen minutes until we board. oh yeah, we gotta take off. you downloaded the td ameritrade mobile app so you can quickly check the markets? yeah, actually i'm taking one last look at my dashboard before we board. excellent. and you have thinkorswim mobile- -so i can finish analyzing the risk on this position. you two are all set. have a great flight.

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be historic in many ways and i think some of those cherished traditions are memorable traditions are going to be upended in different ways but our retailers are prepared and they know this is going to be a different season, among the many things are going to change, we are going to be launching a couple of new traditions at the beginning of next week and a major of campaign devoting a lot of resources educating consumers to adopt to new traditions, that is to shop safe and to start early, we think that will help and consumers will respond. david: you say start early, will there be bonuses if you are there early. will you have a virtual rush maybe in terms of online sales. >> a couple of weeks ago we had a conversation a number of her ceos and the secretary of the treasury steven mnuchin and we talked to vice president pence and other administration leaders about this, we think the consumer and small businesses

need more relief, the consumer is in good shape, there is about a trillion dollars in firepower sitting out there, 900 billion in savings and 100 billion in deleverage consumer credit debt, consumers are pretty healthy notwithstanding the fact that we need more relief and target for small businesses and for consumers and we think it has the potential to be pretty good and there will be deals out early, many businesses and retailers will start the deals in october, consumers will have the resources to respond, i think they're going to have a pretty good season, remember last month, year over year was 3.6, very good season. david: we wish you the very be best, so many thousands of retailers out there, we want them to succeed, i'm glad the retail business is still strong, good to see matthew, i appreciate it. david: nancy pelosi, were going to be talking about her coming up in just a moment.

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- [female voice] are you looking for a peace that can withstand any hardship life can bring? visit findingtruepeace.com to find answers. again, that's findingtruepeace.com. (calm inspirational music) david: get a look at the markets. the dow again is in the red. this is what it looked like before the markets opened. modest gain. s&p 500, modest gain. this is mitt romney, he came out with surprising endorsement of allowing the president's nominee for the supreme court justice to reach the senate floor where he would vote on it.

we'll present, this is tape of mitt romney moments ago. no, this is live. let's listen. >> my liberal friends over many decades got used to the idea of having a liberal court. that is not written? the stars. i know a lot of people are saying gosh, we don't want that change. i understand the energy is with that perspective but it is also appropriate for a nation, if you will center right to have a court which reflect as center right points of view, which are not changing the law from what it states but instead following the law and following the constitution. reporter: senator romney, supreme court nominations take some time, there isn't a lot of time before the election. would you support a lame duck vote if democrats win the majority? >> i will not look at hypotheticals might occur. i laid out what i intend to do, that would be depending upon, excuse me, not dependent upon the timing. i don't know whether the

decision will be made before or after the election. meaning file al vote before or after the election. reporter: would you be all right with the final vote before the election? >> my state applies to the current circumstance which means the timing will be decided by the judiciary committee and the majority leader when it gets to the floor per port if biden wins you would be okay in lame-duck session with the -- there are many possibilities we could go through. i indicated what i intend to do is proceed with the consideration process and if a nominee actually reaches the floor, i will vote based on the qualifications of that nominee. reporter: 2016 you disagreed with your parties decision to stop merrick garland? >> i wasn't there. there is some perception gee what happened with merrick garland was unfair. i don't agree with that. i don't know, you think it was a

good decision or not it was not unfair. it was consistent with history t was consistent with precedent. it was consistent with the conestution. 9 idea merrick garland decision was unfair and made up by doing something which also wouldn't make a lot of sense, saying to president trump you can't get your nominee either. that doesn't follow. the garland decision was consistent with history. the decision to proceed with the new nominee was consistent with history and precedent. that is where i come out. >> reporter: senator romney you said you will look at nominee on his or her qualifications. the president has a list of 40 people. have you studied on the list, would you support anyone on the list? >> i have not studied the full list, nor have i done the qualification valuation i would want to do before i decided to support any one on that list.

i presume there are at least one or two on the list i would support. or maybe one or two i wouldn't. i haven't looked at qualifications but i will before the process -- reporter: what about amy coney barrett? david: that is mitt romney. one-time presidential candidate. he came out with a statement that blue a lot of people away, if the nominee reaches senate floor i intend to vote based on the qualifications. it comes down to math. there are 53 republicans in the senate. they need 51, if it is a tie, you have the vice president break the tie. two of those 53 republican senators have said they will not consider this vote. susan collins and lisa murkowski from alaska. it all depended on mitt romney whether there would be a tie vote. of course he he voted in favor of convicting the president, the president's impeachment trial in the senate. he said he would follow the

constitution. he is willing to give an open learing. he will vote for the supreme court nominee of president trump when it comes to the floor of the senate. this is huge news. let me bring in arizona congressman andy biggs from arizona to talk about this. a lot of people, congressman, were surprised by this. he did vote in favor of conviction in the impeachment trial in the senate. many people thought he had the digs in for president trump but he is going along at least, if it does come to a vote in the senate before the election, romney will vote and of course based on the qualifications of the candidate will volt either aye or ney. but he will vote for the president's appointment. >> yeah, david, that is good news. i think it is important news. i think it was a measured response by senator romney because when he is saying look, we're not going to take into account merrick garland what happened there because, whether that was fair or not fair it

followed historical precedent. we're going to follow historical precedent and constitution in this case too, which means president trump gets to nominate. i thought senator romney was right on, look it is up to the judiciary committee and up to the majority leader. i will make my vote based on the qualifications of the candidate. i think that is appropriate. it leaves me with some small home of optimism there. david: on the other hand, you have democrats, nancy pelosi suggesting that she might go for another impeachment if the president continues on the course he is going with regard to the supreme court. you have aoc and chuck schumer saying by any means necessary we're going to stop this. what does this do to the steam in their engine? >> well i think it takes a little bit of the gas out of their car for sure but, they have basically said that this is going to be a scorched retaliation project on their part. they will do anything to stop

this that means nancy pelosi is threatening impeachment. that means schumer and aoc want to impeach not just the president but william barr. i read where people said they would physically lay down to try to prevent senators from getting into the building. this is kind of conduct that is outrageous. and what would they impeach him on? for making a constitutional appointment, full stilling his constitutional duty? that outrageous misconduct on part of democrat leadership in house and senate right now. david: this will take a little bit, i'm mixing metaphors, this will take a little wind out of that sale. >> yes. david: president trump is delivering a taped address to the united nations. would you hang in there for a second, congressman. i want to dip into that. go ahead. president trump: i am proudly putting america first, just as you should be putting your countries first. that's okay. that's what you should be doing. i am supremely confident that next year, when we gather in

person we will be in the midst of one of the greatest years in our history and frankly, hopefully in the history of the world. thank you, god bless you all. god bless america and god bless the united nations. david: congressman, that was a virtual address to the united nations, the role the united states has played in international affairs. this president has changed dramatically the position of the united states. we were leading from behind during the obama administration. now we're leading up front. and, a lot of members of the u.n. are not happy about that. they were happy with the united states leading from behind. what do you think voters think about all of this? >> i think voters will look and say president trump has brought prestige back to us as a nation in the international community. that is a good thing, when the u.s. is strong, we project power and that creates stability throughout the world. i'm looking at the mid-east with

the recent u.a.e. and bahrain peace agreement and normalization of relations with israel. that is the type of thing that the u.s. does when it is leading. and i think that is really good. i think many in the u.n., their delegations won't see that, but back home across the world people understand that when the u.s. is strong and leading there is more peaceful, more stability. actually more economic growth in the world economy as well. david: congressman andy biggs, you bounced around very nicely with us in all the breaking news. we didn't plan any of this. thank you for staying with us in all the breaking stuff. >> you bet, david. david: look at markets all in the green. the dow is barely in the green we'll take it anyway we can after what happened yesterday. one of the contributing factors in yesterday's debacle was the rise of cases in parts of europe, specifically the united kingdom. prime minister boris johnson now

pausing some reopening plans. still not a lockdown but, he is pulling back just a little bit from opening up. let's bring in market watcher scott shellady. scott, you spent a lot of time living in the uk, what do you think about their response to the surge that they're going through right now? >> well, a couple of things. number one, there has to be a better idea than lockdowns. david: this is not a lockdown. forgive me for interrupting. what they're doing, pulling back from complete opening. for example, pubs, will still be open but only until 10:00 at night. that is not quite a lockdown. >> because the virus goes to bed at 10:00 too. that type of thing is more ridiculous, if you ask me. if you look at numbers, david, "the daily mail" said, yeah, we're having a spike in cases but we're not having a spike in deaths. next thing they will say, a two week lagging indicator, say that the next six weeks even though deaths are not still spiking.

number three, in order to get through the pandemic, we need many of people possibly have get it, the host, the virus can't survive anymore. so it really should be good news we have a lot of people coming down with it and they're not dying, that means they're stronger and healthier and the virus is weaker. we'll note hear that from anybody in the media. david: we're hearing it from you, you're in the media, so we're hearing it from one source. it is clear the therapeutics, new protocol, not immediately putting people on ven et cetera, are having tremendous effect keeping people alive. if you have it, chances of dieing are much less than the beginning. it is still very up pleasant thing. you want a vaccine. you say vaccines are not the answer. why not? >> it will be part of the answer but it will not be the answer. once we get a vaccine out, you will see a euphoric run on the markets and everybody will be happy. you have friends, maybe have

outside in central park, somebody have mask on, still have masks on, still do half moon around each other, with masks on more than six feet apart. if that is happening they can see visibly the person wearing their immune system on the face, what happens when we antibodies or vaccine where people are not wearing masks? i think that will inhibit growth. that will be a big mistrust out there with the anti-vacsers anyway that will take time. the only real way to get out of this problem as fast as we possibly can. open everything up. if you don't want to go it, don't go out. stay home. we can't do that. for seem reason we have governors, look at new york. 90% of the restaurants last month couldn't make rent? are they trying to kill the city? i mean i just don't understand where this -- david: i know. >> the american has been so battered and bruised with the investor trading as well, that to try to get the confidence back in the markets david will

be like putting toothpaste back in the tube. it will take so long. that is the problem this is a three-to-five year thing. not a vaccine tomorrow thing. david: scott shellady, good news and bad news from scott today. good to see you, my friend. appreciate it. trump out and about on the campaign trail where his supporters booed a person sitting next to him, ohio governor dewine. when they heard hayes name they booed it and trump's response to the booing. new polling shows trump's supporters are more enthusiastic but younger voters prefer joe biden. will they turn out and vote. that is problem for democrats in the past. we heard from senator mitt romney. the president will announce his scotus speak, that is supreme court of the united states pick on saturday. the news coming thick and fast today. the second hour of "varney & company" just getting started. stay with us.

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♪. david: let's get back to the supreme court. we just heard from senator mitt romney, really shocking a lot of people as he confirmed that he will support a vote on president trump's supreme court nominee. the president is going to announce his supreme court nomination on saturday. let's bring in fox news contributor kiron skinner. great to see you. it is a little surprising when you think of the animosity between mitt romney and president trump to put it lightly. that he did come out pretty fairly, mitt did, and say of

course it depends on the nominee and qualifications of that nominee, he said specifically i will quote him here, if the nominee reaches the senate floor i intend to vote based on their qualifications. some of the qualifications are indisputable of some of these nominees. >> absolutely. it is not as much as a surprise for me as it is for many others because if you look at the constitution and the article ii responsibility of the president and the history of american judicial process, this is what should happen now. more than two dozen times in our history presidents have faced the responsibility of selecting a judicial nominee in a presidential election year or prior to inauguration. and it has happened. and, we've had three times in recent history justices stevens,

o'connor and ginsburg, all who were selected in less than 45 days. david: that's right. >> in the case of justice stevens, there was 19 days. there is pattern, history of doing this. david: kiron despite precedent on this, there is precedent on all of this, some of the rules regarding supreme court justices how many, are not necessarily locked in by the constitution and democrats are already threatening to pack the court if they receive the presidency and take over the senate? >> david, you have a great point there. it is a lot, it is very unfortunate. it creates a lot of noise. the fact remains that the current president of the united states and the current senate of the united states have a responsibility to fill the position. it has been done before. there is support in the senate. we saw with senator romney today to make this happen. the votes are there on the republican side.

it will be great if democrats would join as well but this is something that president trump has done twice before. he has shown that he knows how to do it. he has been consistent with the types of nominees that he puts forth. those who are consistent with the philosophy and views of the huge political base that the president has. i would take this out of american politics. i know that's asking too much. david: in this environment i think it is impossible i think before the election but i do want to talk about who he is going to nominate because we already know it is going to be a woman. he said so. let me play the tape and get your reaction. >> i would say on friday or saturday i will be announcing the pick. it's, five woman are looked at and vetted very carefully. there is a great deal of time before the election. that will be up to mitch in the senate but i would certainly much rather have the vote.

i think it sends a good signal. david: on the screen these are the possible front-runners. we have aim amy coney barrett, barbara lagoa, allison rushing. do you have any favorites? >> i don't want to get ahead of the president. they're enormously qualified. they're consistent with the philosophy. they have been some ways already vetted. what has been interesting about donald trump, with the supreme court and he has taken this so seriously. starting with the 2016 campaign, he had a list even then of potential nominees and that list has continued to develop and grow and be refined. there has been a vetting process that has been going on for all could of years. david: yeah. >> so i think the women are strong on all the dimensions that will be needed for a quick vote and approval of them so they could sit on the court. david: as you mentioned they

have been already vetted by, for their appointments to other courts as well. so that part of it is out of the way. kiron skinner, great to see you. thank you very much. >> appreciate it. david: amazon getting an upgrade from bernstein to outperform. they plan to launch an exercise bike to compete with peloton. their stuck up 2 and 3/4. susan: yeah. pell ton is down today because of the announcement. think of a 500-dollar prime bike. that is partnership in the works for a short while according to reports between echelon and amazon. bike maker echelon is up to make the lower cost connected spin bike that is exclusive for prime subscribers there is over 140 million of them in america. yes a big market. a prime bike has many hardware features found on echelon other bikes, with additional extras scrubbed off to keep the price

lower. echelon has similar model with deal walmart, that costs roughly around $500. unlike the pell ton bike there is not a big tablet screen on the bike itself. you have to supply your own screen to connect to the bike to access classes on demand. when amazon gets into any business you have to be scared when the 800-pound gorilla gets in the jungle. you saw whole foods they bought, kroger and other supermarket chains fell in reaction. david: peloton has a brand now. they have personalities doing the peloton, virtual exercise stuff. amazon will have to work hard to compete with that. good stuff, susan. next case, fedex criticized shareholders allegedly pressuring d.c. to drop the names redskins. what is this all about. susan: not a typical shareholder meeting question. fedex ceo and chairman fred smith asked by a shareholder who argued that the company alienated a wide swath of

customers sick to death of loud wokeness and asked if fedex will back off on the issue. the company responded they look forward to the next step's of the teams rebranding this is done deal according to fedex. fedex was one of self sponsors publicly pressured washington majority owner dan snyder to rebrand the franchise. fred smith is minority stakeholder in the washington football team, which might turn out to be permanent name of the franchise. if fans like it. david: like it? boring, generic. fred smith is a pretty conservative guy. so i think he will come up with a new name. just my guess. i don't have any inside information. susan: any guesses? david: no, good lord. we'll have to wait and see. susan thank you. the nfl not messing around with mask policy. three head coaches and teams fined a million bucks for not wearing them. brian kilmeade weigh in on this in next hour. president trump in ohio, where

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♪. president trump: we're joined today by a real good friend of mine, somebody that has been with me from the beginning and i've been with him from the beginning, ohio governor mike dewine. where is mike? where is mike? [applause] [booing] he is opening up. david: ohio governor mike dewine getting booed when the president introduced him or mentioned him at a rally last night in ohio. come in mike braun, indiana republican senator. the president himself seemed pretty surprised by the booking, senator, were you? >> you know in this business remember, when you win in a landslide, 40% of people either

disagree with you or don't like you. so i think in this case dewine maybe took a different approach to where the base of the party thought it should be on how covid was handled but kind of goes along with the job i would say. david: i'm wondering, you mentioned the key, i think most republican out there are against the lockdowns. most republicans want this economy to open up, probably of all the republican governments, governor dewine has been most resistant to complete opening. he has been, he would say more careful. other people would say too cautious. what do you think? >> you know that straddle is tricky because of the uncertainty of the disease out of the gate but i did a couple floor speeches before we left in march and said that tricky dynamic was going to be the key how we come out of it and all along these one size fits all, blanket shutdowns, to me, it wasn't going to work.

i think we've seen that play out in the 50 states. florida, for instance, the most vulnerable population, i think governor desantis has done a heck of a job because he had such a low fatality rate. we had to do two things at once and i know that president trump's supporters knew that and i think the places that did it will have the numbers that prove you can do both things and do it safely. david: notwithstanding the boos dewine got, there are some people, particularly in the suburban areas of ohio, that are pulling back from the republican support. the president won ohio, by eight percentage points a huge margin for a presidential election. they say as ohio goes, so goes the nation. that big advantage that the president had has been shrinking. is the same happening in indiana? >> i think indiana has much wider margin of error and i don't think so.

indiana, in the part that i live in, the southern third, was pretty well solid blue dog democrat 10, 15 years ago. now i think due to the faculty rally and physically the most conservative part of the state has transitioned to be mostly republican. ohio followed suit. it just has a few more urban areas, indy, maybe the northwest, fort wayne, we're basically a rural state. we have turned more conservative over time. so i don't think there is any issue with indiana. david: senator, i have to ask you about breaking news mitt romney announcing he will support a vote on president trump's supreme court come knee. first of all are you surprised at m.i.t.'s decision? secondly, do you think the president's nominee will be confirmed by the senate before the election? >> so, i'm not surprised in this case with mitt. he likes to look at precedent, history. in the history of our country this has occurred about 15 times. eight of which have been where

the president and senate have been of the same party and seven out of eight of them you had a nominee and a vote, it was successful. the one that didn't happen was due to a ethics issue or something that disqualified the nominee. thank goodness we're doing it. legislatively on policy we get so little done and if we do not take the opportunity exactly what democrats would do, first of all they would probably have no defections from their rank-and-file. and they would even do it more quickly, if the shoe were on the other foot. david: prediction, will there be a confirmation before the election? >> i hope there will be and i think it is within our capability to do it. i will be disappointed if it is not before the election. too many variables come into play postelection. david: senator mike braun, good to see you, senator. >> good to be on. david: we have a lot of breaking news this morning. i want to get back to the latest

on history existing home sales. lauren has the number. lauren. lauren: lauren: best number in 14 years. record high over $310,000. why? the lack of supply. the risk of that. we started seeing this slightly in august. first-time home buyers on a budget, they started to get pushed out of the market t could offset the benefit of record low mortgage rates. still the market is booming t took a record low 22 days to sell a home in the month of august. david: wow. that shows also that there is a lot of room for hiring for ememploying people who build houses that may increase the supplies. lauren: absolutely. david: another argument in favor of opening up little bit. florida governor desan tis cracking down on rioters and looters. watch this. >> increased penalties for people involved in violent demonstrations, that includes things like toppling statues,

blocking roadways. we're not going to be sending you money if you're doing things like that. david: you can bet brian kilmeade has something to say. probably a lot to say about this. it will be hard to shut him up, frankly. surge in home improvement putting a squeeze on building supplies. will they run out? i will be asking this question right after a short break.

david: checking the markets. we're all in the grown but very modest gains, particularly on the dow. so we will continue to monitor the situation. but as the lockdown continues, people are finding projects, more of them, around the house to do, this increased demand is causing massive delays what can

be supplied to those homebuilders. come in grady trimble. life in gary, indiana. you're currently at a business struggling to keep up with demand. what are you hearing? >> i'm actually in a house, david, that is being flipped right now. it would be ready to go on the market except for the fact that the kitchen has no apply answers they have been trying to get them. there are felon available. ryan steel is the man behind the house flipping project. it is combination, the work stoppage earlier this year, so demand, you know, shrunk. and then demand boomed when people were stuck at home. >> people are sitting at home looking at refrigerators, appliances, time to get a new one. they ordered. there is only so much supply in the warehouse nationally until it getting backfilled. it has been bought out. they can't fill it up. reporter: we're standing where the fridge should be. you have no appliances here. how long will it take to get them. >> we ordered them two weeks

ago. they won't arrive until october third. refrigerator i had to get special. that one is normally six to seven weeks earliest. reporter: not just people doing it professionally, david. people looking to buy fridges regular consumers dealing with these problems. ryan was looking to buy a smart fridge from his own home. he wasn't able to do that either. certainly a challenge for the people who are flipping their houses or just want to upgrade the appliances that they already have. david. david: a challenge, but a wonderful opportunity f you're looking for a bounceback story, this will be it. a vacuum like that doesn't stay a vacuum for long in a free market. as long as we start opening up, we can rebuild. there will be a lot of businesses for folks manufacturing. grady, great story. appreciate that. staying with home improvement. look at lowe's and home depot. these stocks got a nice boost during the pandemic for the reasons grady just mention the. how are they doing now?

lauren: if you look at home depot and lowe's, they're up 25 and 33% respectively this year because what the coronavirus has been one extreme home makeover. you're not watching it on tv. you're doing it yourself right now. we're seeing higher wage easterners, retirers, less hit by the recession. everyone poured money into their homes because we're spending more times in our home. oppenheimer says the excuse is getting old. they recently downgraded both names simply because they got too expensive the outlook is bullish on both. i-shares, home construction etf, it is heavily weighted in the homebuilders. they're confident, as you know a record high. quickly s&p etf. this is broader play on housing. you have material names in there. retail related names in there. so that is the broader play. after that good existing home sales report, they're up today. david: absolutely. good suggestions, lauren.

thank you very much. meanwhile online car sellers on your screen, they're way up. carvana up 27%. ashley, this is extraordinary. why are they up so much now? ashley: again a different world after the pandemic, david. a couple of stocks in this online used car business gaining i hate to say it but i'm going to, some nice traction. david: oh, ashley. ashley: i know. stu would kill me. start with vroom, upping price target from $62 from 60 bucks. it has a long way to go for the online platform. vroom is expected to take market share from small auto dealers because of covid-19. as a result gross profits are being pushed higher there. then we should take a quick look if we can at the online used car retailer car vanna. that is boasting about its recent performance.

look at that graph. how about that? you can see what it did on tuesday. this is y the company says it expects record revenue and retail sales in the third quarter, thanks to a strong rebound in demand for vehicles after the lockdowns begun to ease. goldman also raising the stock to a buy from neutral and raising its price target from 178 to 205. right now it is 219. a couple of used car companies that rely online doing very well, david. david: this again is a story about repressed demand. demand has been so repressed by the various lockdowns all over the world that one can expect a pretty sharp recovery. we have been seeing that so far. i think there is a lot more to come. ashley, thank you, very much. well the election chaos is coming. federal judge in wisconsin now extending absentee ballot voting by one week. another judge in another state by two weeks.

isn't this going to set back the election outcome by at least that long? what about this? protesters descending on senator lindsey graham's doorstep in the middle of the night demanding that he vote against approving any supreme court nomination by the president. brian kilmeade has a lot to say about this, and a lot more. he is on the show, joining us next. ♪.

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david: check the markets. the dow is now down not by a lot. it is significant that it came down just as we were getting headlines from president xi from china at virtual u.n. conference. what are those? susan: china is developing their own coronavirus vaccine. president xi says coronavirus will make coronavirus vaccines available as global public good. they will provide to developing countries on a priority basis. they are in phase three clinical trials. same thing here in the u.s. as well. we heard president trump talk about astrazeneca, pfizer, johnson & johnson, j&j, moderna also in phase three clinical trials. it's a global race to see who

gets the global coronavirus vaccine first. david: they're looking for some way to undermine our efforts. that is my suggestion. susan: some way to read into it. david: some way to do it. russians tried, turned out they were in phase two, and would release it before they got into phase three which is a big no-no. susan. thank you very much. it is 10:51 on the dot. you know what that means, brian kilmeade to join us. great to see you, my friend. talk about the protesters who went in the middle of the night banging these pots causing a scene outside of senator lindsey graham's house demanding he vote against any supreme court nomination for any reason. that word any, any means necessary. that is what these people are out to do. egged on of course by aoc and other radicals in congress. >> it is unbelievable. they did it at mitch mcconnell's house. did it against the homeland security secretary's house. this is beginning to be a pattern. congratulations. i just texted graham es people, what happened? 100 people showed up.

senator was not there. he feels bad for his neighbors. about 100 people did show up. the cops ticked off. you have to leave or but i will be arrested on the spot. that is the way they do it in south carolina. not the way they do it in new york city. they went to the supreme court around screamed and yelled, played the base drum. that is what they're trying to do. they are saying votes you take, it is personal. we will disrupt your life. they're moving more and more, david, to the suburbs out of cities to the suburbs. they want to bring the action to you. i'm not sure this effectively converts anyone to their cause. at home, you make the call. david: again, it brings up the issue how much law and order will be seen in terms of favoring donald trump against favoring a lot of the democrats who are egging on these protesters. i would call them violent protesters. hasn't gotten violent in terms of any physical confrontation you know where this leads you.

ratcheting up the pressure. florida governor ron desan tis wants to impose stricter punishments on violent rioters all over the country. here is what he told tucker carlson. listen. >> increased penalties for people involved in the violent demonstrations that includes things like toppling statues, blocking roadways. we have a provision that says any municipality that defunds the police, which is an insane policy, like cutting off your nose to spite your face, if you do that the state government will defund you. we'll not send you money if you're doing things like that. david: i saw judge nap on your show this morning on "fox & friends." he says this is all constitutional what desantis wants to do. the coming doj is designating new york city, portland, seattle as anarchist cities. what do you make of this? >> you might have a great cause. there is a strong argument to almost every controversial

issue. or every supreme court just necessary nomination. when you start blitzing people's lives, stop them getting to work, keep them up all through the night. you understand, people go, okay, i was 50/50. now you disrupted my life. you stopped my kids from getting rest. they have school the next day. they will not being be sympathetic to your cause. contrast what governor desantis said ahead of time. i'm not taking sides. i demand some decorum, you pull down a statue you pay the price. in new york, they let everybody go wild. governor criticized mayor. people's businesses are destroyed. people cannot start up the lives again. they're using national guard they say on november 3rd to guard the polls but won't bring the national guard in to guard the city, people's way of life. i find that despicable. david: absolutely. absolutely. by the way you had some wonderful law enforcement guys on this morning, formerly from professional sports, terrific guys. while there are a lot of

resignations going on in the police force across the nation, there are really good people getting involved, god bless them. i also want to talk about sports with regard to the fines some coaches in the nfl, got over a million bucks for not wearing masks. what do you think about that? >> i'm trying to think, the rate. the coaches got 100,000-dollar fine. david: wow. >> shanahan, fangio, pete carroll, got fined for not wearing a mask. i understand. i hope they got a warning, $100,000 may be $10 to them. the teams got fined, they're trying to send a message. the other thing, you do a job. only staring straight ahead. people are not necessarily in your face. you got to do a job. for the most part, i happen to know nfl locker rooms have been incredibly disciplined. these guys playing they don't want to be the one to infect their team. they are saying home. going right to home. what we've seen in the nfl,

outside the bubble, unlike the nba in the bubble, not that they need discipline, takes more to work outside like baseball, football, has been phenomenal. the one thing football coaches have to do. they have to win the game. if they are reminded i think it is way over the top. i watched bill belichick. they are afraid of belichick, had it just over his nose and his mouth was open? should he get a 50,000-dollar fine? david: i wish we had an hour together. appreciate it. president trump narrowing in on the economy as his hard-line law and order message struggleses with voters. is trump support going down in ohio? i'm asking trump 2020 guy tim murtagh. that is coming up. ♪. stay restless

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[background sounds] david: we have the opening bell on the market, and there are a lot of people watching that are curious as to what is going to happen. tesla, all right, we're going to -- shares are down after elon musk tweeted a warning about bat ily day today. >> looking at a slight rebound. worst day in two weeks yesterday, four straight sessions of losses. david: we have some breaking news right now, trump just tweeting out: i will be

announcing my supreme court nominee on saturday. >> would you support a lame duck vote if democrats win the majority? >> i'm not going to look at all the hypotheticals that might occur, but i've laid out what i intend to do, and that would be dependent -- excuse me, not dependent upon the timing. >> to try to get the confidence back in the markets, david, is going to be like putting toothpaste back in the tube. ♪ ♪ david: live action, that's the phrase that stuart varney use ares, and it is a huge show so far. we're only getting started too. good morning and welcome to the third hour of "varney & company." we're talking supreme court, the election, the virus and, of course, the markets. i'm david asman in for stuart varney. it is now 11 a.m. on the east coast, and the markets are trading down. we had the fed chairman talking right now, we're not going to bore you with what he's saying, put a mask on. everybody's got the duh vieders,

they're -- dividers, they're more than 6 feet apart, but what he's saying is not encouraging the markets. not terrible or, nothing like what happened yesterday, but markets are down with some exceptions. a quick look at the airlines, there was a lot of concern about a second virus wave in europe, particularly in the u.k. that was weighing in on investors' minds, but some of that news may have been baked in yesterday, and now we see some green on the screen for airlines. american airlines unchanged, delta and jetblue are up. and then we have the drugmakers. china's president xi, as susan li just reported, saying that chinese vaccines are now in phase three clinical trials. of course, not everybody would take that at face value. we are keeping an eye on that as well. and check on big tech leading stocks higher earlier today, apple is down a little though right now. that is a reversal, rather large reverse aal from where it was after the markets opened.

alpha bet and microsoft still trading in plus territory but, again, a little unpleasant news, let's put it, from the chairman of the federal reserve board. let's get right to the race for the white house. it is now only 42 days away. it seems like it's been forever. a federal judge just extending wisconsin's mail-in voting deadline by one week. that means ballots are going to be accepted until november 9th, six days after election day. come in, mark smith, constitutional attorney and 2016 trump transition team member. good to see you, mark. wisconsin is, of course, one of those swing states. does this ruling guarantee election chaos? >> well, this specific ruling right this second doesn't, and9 reason why, it's very interesting, this federal judge said that he wants to extend the deadline for when absentee ballots may be received and then counted, but he did something very interesting, david. he specifically said that my ruling is not going into effect right now.

i'm going to wait a week to give the parties time to appeal to higher courts because he said, look, i'm sure this is going to be appealed, and courts above me will make a decision on what to do in terms of extending these absentee ballot counting deadlines. and what he's, of course, signaling, that at some point, as you know, probably the u.s. supreme court is going to have to weigh in on this kind of election law question and probably many others. david: by the way, it's worse in michigan where a local judge has given voters until two weeks, 14 days after the election. so it could be extended even more. i ebb mean, the point is, mark, we are 42 days away from an election. don't voters have time to do all of their mail-in, to get the ballots and mail them back in? 42 days, mark. i mean, if you walk into an election booth a week after the election, you'll be told -- or even a day of after the election, you'll be told to get out of here. you can't vote after the election. we now have 42 days to mail in the votes.

why can't people do it on time? >> you're absolutely right. for example, in the state of wisconsin you could actually start the process of voting on september 17th. so you could already have voted at this point. so i think what's going on here, david, is really very simple. i think as a general rule the repalins view election day -- republicans view election day as the day where everyone shows up, they vote and express their preference, and we, the people, speak. but if you look at the democratic strategy of extending deadlines, making it more complicated, they want to make -- i think the democrats want to make the voting system more complicated across the country. and the reason whew i think that helps the democrats, at least the democrats think it helps the democrats, is because you start moving the discussion making away from we, the people, and into the hands of they, the unelected judges, the bureaucrats, the secretary the of states, and they create ambiguity. keep in mind in the new york primary for congresswoman carolyn maloney, it took six

weeks to figure out whether or not she'd won her primary, and that was in a single congressional destruct in new york state. what is it going to be like when you extend this out across a major state like wisconsin that has 5.5 million people? david: you put your finger on it. judicial activism, rewriting election law from the judicial bench, a lot of these activist judges, they've gone way beyond -- that's why the supreme court is going to be so so critical in the days surrounding the election. mark smith, good to see you, my friend. thank you very much for being here. >> thank you, david. always a pleasure. david: jason katz is managing director at ubc, let's bring him in. -- which is a greater turn to investors right now, the political concerns that we spoke about with mark or concerns about the virus and the economic openings? which do you think takes precedent? >> obviously, they both, david, have an influencing factor, but i would say the former of the two really is what's weighing on most investors' minds.

i'll tell you anecdotally in conversations with my clients, their concern is with the uncertainty -- as your previous guest pointed out -- with respect to knowing the outcome of the elections or the rancor that's going on now with respect to the supreme court seat, that leads to not only market uncertainty, but what does it mean for fiscal stimulus. in our view, it's unlikely that we're going to get it before the election. david: well, and i don't think we will either, although there are bits and pieces of this grand scheme that democrats have out there, their $3 trillion plan, there are bits and pieces already being worked out between the trump administration is and states, in particular the unemployment checks that are going out. i think there are over 30 states now that have made deal with the feds to do that. so maybe in piecemeal there will be ways that it can get done between now and the election. >> a skinny deal would certainly appease the markets, but what they ultimately need to see is funding of the government and that next round of stimulus.

and certainly, the outcome of the election to say the least. david: all right. i'm happy if the government doesn't get that much money, but that's just me. jason katz, good to see you, friend, thank you very much. now to tesla. elon musk is tweeting about battery day. susan, we've talked about that, he's not exactly puffing it up. >> tempering down expect thattations, really unlike -- expect takes, really unlike elon. system mys, roadsters, but what -- not experience high volume production until 2022. so even if they build more of their own batteries, the good news is opinion panasonic and lg, they'll still continue to buy bat ilys from them. maybe we'll get a new battery cell unveiled today, new battery technology, longer charges and hopefully longer battery life. maybe not the million mile battery that he's been talking about, but still something is

also encouraging. however, we do have tesla up some 400% this year, down a little bit because of elon musk not being i e elon musk and saying hold your horses. david: you know, he plays a game. he plays good cop and bad cop with himself, with his own company. [laughter] you never know what you're going to get. >> he's his own best hype man, as we call it. david: yeah. what's the psychological term, big ups and big downs? nothing is middle, it's east way up or way down. >> that's right. david: let's check nikola are, bouncing back after the steep drop from trevor milton's resignation on monday. of course, charges that he was involved in fraud. wasn't just pumping up his business, but actually going beyond. he's still being investigated. he's pulled back from the company, left with $3 billion worth of tock. the company's -- of stock. and caravan that, the stock is surging after the company released projections for record

growth this quarter. they are up right now almost 28%. huge, huge jump for carvana. let's check ralph lauren. lauren, they are make a big cut to their work force. that's not always good. >> no. and it's not helping the stock right now. 3700 workers will lose their jobs by the end of the year, that's 15% of their global work force. but, look, are you buying expensive handbags or accessories right now? my work bag has been in my closet for six months. so ralph lauren is pithing, they're going to -- pivoting, they're going to focus heavily on their digital business where the strength is. but, look, consumers are still spending money, just in different ways. listen. >> the holiday season has the potential to be pretty good, so there'll be deals out early. many businesses, many retailers are going to start those deals in october. >> yeah. that's from the national retail ped -- federation, david. october will be the unofficial

kickoff of the holiday season to end help the shippers because we're all sitting home ordering from our phones, that's a lot of volume. david: just want to clarify, it's never good when people are fired, never good. but sometimes -- >> no! david: -- the market takes it as a positive because expenses go down. but, again, you have to think of the human -- >> and usually the stock goes up, but in this case ralph lauren is down a bit. david: lauren, thank you very much. >> now, are you buying expensive handbags these days, david? david: not i, not i. [laughter] no, actually, even briefcases -- i was never a briefcase kind of guy. >> no. but maybe handbags. [laughter] david: no. actuallying, even if i was a woman, i would look at the price tag first. [laughter] david: all right. what's your handbag of choice? >> my handbag of choice, for dallas how about an hermes bag. david: don't look for my name at the bottom of that gift card. [laughter] president trump touts himself as

the law and order candidate amid protests from coast to coast, but is that message really resonating with voters? rachel campos duffy weighing in in just a few moments on that. and a new warning as democrats like jerry nadler threaten to pack the supreme court. roll tape. >> what democrats are threatening to do, violate structural integrity of the constitution in massive new ways. david: what does wyoming senator john barrasso think about that? we'll be asking him next. ♪ keeping your oysters business growing

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david: well, the markets are down. a lot of it has to do with the conference going on with the chairman of the fed and the treasury secretary, and susan li's been following it, has a succinct description of why markets react badly, although now nasdaq and s&p have gone up. >> yeah, it's pretty much a flat session. after we heard from steve mnuchin saying that there isn't much more we can do to approve lending through the fed facilities. however, we did hear from jerome powell, the head of the federal reserve, saying there has to be a coordinated stimulus coming from the fiscal side which means the government and the strang central bank -- david: as stuart varney would probably say, gobbledygook. that's for you, stuart, i said that. [laughter] and then there was this, take a listen. >> we've got the votes to confirm justice ginsburg's replacement before the election. we're going to move forward in the committee. we're going to report the nomination out of the committee to the floor of the united states senate so we can vote before the election.

that's the constitutional process. after kavanaugh, everything changed with me. they're not going to intimidate me. mitch mcconnell, anybody else. david: senate judiciary chairman lindsey graham saying that republicans do have enough votes right now to confirm a replacement for supreme court justice ruth bader ginsburg. earlier utah senator mitt romney announced he will support -- he didn't say he'll support president trump's nominee, if qualified, he will support the nominee. that has to go through the qualification process. and, of course, the president will announce his pick on saturday. come in, wyoming senator john brass mow. good to see you -- john barrasso. can we get a confirmation before the election? is there enough time for that? >> well, there's certainly plenty of time to get a confirmation, david. and, you know, the president is going to make his nomination this saturday from the list that i'd look for, each one of these is a very highly qualified woman who will be a tremendous addition to the court.

members are all going to want to actually hear what she has to say, study the record, go to the hearings. and let's take a look at what the democrats are going to do. we know their playbook. they did it with kavanaugh, with gorsuch. they are going to go on a seek and destroy mission. when they put kavanaugh through that meat grinder, they went back to his high school yearbook. that is the same playbook that the democrats are going to do now any way they can to undermine who will, i am sure, be a very highly qualified nominee. david: well, you've already seen them disparaging one of the nominees because, god forbid, she's catholic. and, therefore, must have certain views on certain issues that the supreme court will vote on. will we see attacks on people's religion? >> well, dianne feinstein, who is the ranking member of the judiciary committee, actually did attack that judge when she was up for a lower court and

attacked her specifically on her religion, being a catholic. so i am thinking they're going to come at every angle that they can, different members will attack in different withdraws. kamala harris, the vice presidential nominee, is on the committee. i imagine that she will be especially vicious in her attack on this nominee. i think it's just going to be something to see with the hearing, but i think our members will want to proceed with the vote after we get the nomination and the hearings. david: all right. senator, beyond this particular nomination, there are some democrats like congressman jerry nadler who want to expand and pack the supreme court if joe biden wins the election and democrats take over the senate. listen to what conservative commentator ben shapiro has to say about that. roll tape. >> what democrats are threatening to do, violate the structural integrity of the constitution in massive new ways, violate every norm, break institutions of the constitution, what they are threatening to do can, in fact, split the country apart.

and they're using this as blackmail in order to prevent republicans from fulfilling their constitutional to fill that seat. duty to fill that seat. david: senator, we've seen attempts to do this in the past. fdr tried to do it back in the '30 and failed -- actually, i guess it was into the '40s when he tried to do that. what would a packed court mean for the country? >> i i think this would be very destructive, and ruth bader ginsburg said the same thing in an interview last year. she said that nine is the right number, she said it would politicize the court, that the democrats shouldn't try to do that. let's take a step back and say this is what you would get if you have a biden presidency and chuck schumer in the majority in the senate and nan i city pelosi. they have -- nancy pelosi. they have a playbook and a war room dedicated to it, and it would be adding additional members to the supreme court, also adding d.c. as a state, so they'd have new democrat senators here. there's an entire parade of horribles that one would get if

the democrats had all three on the freight train heading over the cliff of the far left which is why republicans are working so hard to reelect president trump and to maintain a majority in the united states senate. david: let me just can you about one point that democrats made that even some republicans favor which is limiting the term from a lifetime term to one of maybe 18 years. what do you think of that? >> well, we know the way i it works right now, and this appointee, the nominee that president trump will be coming up with, is for a life time appointment, and i want to make sure it's somebody who realizes that the job of a justice -- and i know he will nominate somebody this way -- is to apply the law, not legislate from the bench. what we have done with nominating and putting in place over 200 judges for president trump is we have eliminated the era of activist judges. david: senator john barrasso, great to see you. thank you very much for coming in, appreciate it. >> great to be with you, david, thank you. david: now to some stocks. first up, amazon. they are up -- although it's

been kind of up and down, but they are up now after they were upgraded by bernstein to outperform. they say now is a good opportunity the buy. the stock is up over 2.5% right now. and walmart, they are partnering up with goldman sachs to provide lines of credit to third-party sellers on walmart.com. that's very interesting and very good for small businesses, by the way. a lot of them are squeezed out of the loan market, so this may give this many an alternative. they are working on deliver -- they're also working on drone delivery of coronavirus test kits? >> yeah, very exciting. partnering with one of the biggest testing companies out there, quest diagnostics, to test drone delivery of collection kits in north las vegas and parts of new york starts next month. no word on the financial terms of this partnership, but walmart -- this is walmart's latest effort in drone delivery, so the retail giant already has drone trials underway and a

separate test for certain health and wellness products, a covid-19 test will build on that effort. more contactless in the future that we're looking at here. but isn't this exciting? once you get the drone delivery of this test kit whether it's in your driveway, front sidewalk, backyard or even your customer's home driveway and the sidewalk next to your house, you have to send it back by a shipping label, so a drone does not pick it up. teaferred david you just wonder whether the air space would get too crowded. where was that place in new york? i mean, i don't think there's a lot of air a traffic, you wouldn't have to worry, but manhattan could be a butt of a problem. >> yeah. david: awe to zone posting -- autozone posting big numbers last quarter, break it down for us, ashley. >> pretty impressive, easily beating expectations in its fiscal fourth quarter report for both profit and sales. the company reporting net profit

of $740 million. net sales increasing 14% to $4.5 billion. and by the way, domestic same-store sales grew by nearly 22%. that is double the estimates. now, autozone says it saw consistent sales growth, but it did note in the report a decline in the last four weeks when unemployment benefits ran out. which is interesting, we've heard that from other companies as well. david cawfd yeah, that is a problem. people gotta get back to work, it's that simple. thank you, ashley. president trump stopped in ohio yesterday and next stop is pennsylvania. meanwhile, joe biden only doing virtual fundraisers today but spending bigtime on tv ads. is this a winning strategy for the former vice president? we're talking to the trump campaign about that the next. ♪ ♪

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least on the dow. edward lawrence live from washington. some of the headlines have affected the market. they go down and then they come up, and it depends on what they say, right is? >> reporter: what they say and who's asking the question. i mean, this really has been a tale of two questions here. you've got the glass a half empty, glass half full, rerepublicans saying the economy is improving in their questions, showing 11 million people back at work, about a half of the jobs we lost. democrats are saying, wait a minute, the american people need more, the administration should do more for the american people. jerome powell, the chairman of the fed you see on your screen, is telling the committee that the path of the economy is linked to the path of the virus. he says they're going to use all the tools necessary that they have as long as it takes to make sure this economic recovery is strong. now, steven mnuchin, the treasury secretary, is getting a lot of questions about the next covid relief package. he says that it needs to be a targeted package that does go forward, he specifically mentioned hotels, travel industry and a second bite at

the apple for the awe payroll protection program. he says the administration is willing and able to make an agreement, a bipartisan agreement if democrats come to the table. back to you. david: edward, thank you so much. appreciate it. and go now to president trump who praises himself on being the law and order candidate as we see protests and riots from coast to coast, but is that the message that's really getting through to voters, to trump supporters in particular? or are they more focused on what's happening with the economy where the president clearly is doing better than biden? come in rachel campos duffy. rachel, you're in wisconsin. we know what happened in kenosha, i'm sure there are a lot of people there focused on the law and order issue. but it does seem that the campaign is pithing more to the economy -- pivoting more to the economy right now than law and order. why is that? >> well, i think they're both important messages, and the economy mattered very much to people in wisconsin. they had the best economy

they've ever had in the three years prior to this pandemic coming out. so it is an important message, and donald trump is on very strong ground. joe biden was here this past week, he went to an aluminum foundry in and, you know, look, this is an area that obama and biden won but 8 points in 2016 -- david: right. >> donald trump won it by 21 points. david: wow. >> this is the kind of ground that they have to make up to win these blue collar workers that feel very burned by globalist policies that obama and biden over his 47 years have supported. david: you know, rachel, i just have to ask, i want you to be specific now -- >> sure. david: -- because all issues are not equal. which has more power with voters right now, the question of their economic future or safety on the streets, law and order? >> they're both important, and they're both important in different parts of the state. so suburban moms who are worried

about safety in their neighborhoods for their kids, saw what happened in kenosha, and they freaked out. they thought this was just stuff that happened in chicago, but it happened in little kenosha. so that matters to voters a lot. wisconsinirk tes overall love their police. this idea of denigrating law enforcement doesn't work here in wisconsin. we love our cops. but the economy is also very important, and this is a big decision for blue collar workers, this is a huge manufacturing state. under obama and biden, 200,000 manufacturing jobs were lost. under president trump prior to the pandemic, 400,000 jobs were gained in manufacturing, so this matters intensely to blue collar workers hear in wisconsin. david: yeah. by the way, just so you know what we've been showing with your picture, as much as we'd like to stay on your picture, we've also been showing the rioting going on in kenosha, and you have the look at that and wonder why anybody would -- you

can't do any business if you have riots in the streets. so i think that still has power. but there's another issue, the fight to fill the supreme court seat. but joe biden never mentioned it at his rally. instead, he attacked president trump about the virus. roll tape. >> trump panic. the virus was too big for him. all his life, donald trump has been bailed out. he just wasn't up to it. he froze. he failed to act. he panicked. and america's paid the worst price of any nation in the world. david: rachel, how much impact does that have with the wisconsin voters? >> well, first of all, just from a visual you have donald trump who was here last week, and by the way, is coming -- and is wisconsin just about every other week no mask, strong speech, looking like a leader, looking like someone who isn't afraid of anything. there you have joe biden indoors with a mask with people, you know, very much social distanced

away from him. david: but his poll numbers have been doing good despite the fact that he's been underground with a a mask on. >> well, you know not to believe those polls in wisconsin, david. [laughter] there are a lot of silent voters, a lot of people who haven't made up their mind. but if you're on the ground here, it definitely feels like it's trending towards, towards donald trump. the reason why joe biden did not bring up the supreme court seat is, a, he has a lot of work to do undermining donald trump's record in wisconsin with blue collar workers. he needs to do that that because he is way behind with them. and two, you know, the supreme court just reminds many of these conservative democrats that the party that joe biden leads now is a a radical party that's changed very much. many of these blue collar workers are pro-lifers, they're christians. they don't like the attacks they see coming from the left, and so i think that this was the message he needed to do. he actually went there and tried

to say that, you know, he actually admitted we didn't listen to you during the biden/obama years, i'm sorry, we forgot about you. you went respected. but it's going to be different this time. that's a really weird message to sell in an aluminum foundry when donald trump actually put fair riffs on the country -- tariffs on the companies that were dumping aluminum. it's going to be hard to convince them that donald trump wasn't fighting for them and looking out for them. he has a heavy lift here, and i don't think based on that speech and from what i saw that he actually sealed that deal. david: rachel campos duffy, great to see you again. thanks very much, appreciate it. >> great to see you, david. david: nike, lauren, they're reporting earnings today after the bell, right? >> yeah. they've been a pandemic winner as well because, well, let's face it, we're choosing comfort at home. supply chain issues because of the virus, they're struggling to restock shelves. they cut the number of stores

that they send merchandise to. however, analysts overall are bullish especially on digital demand and customer loyalty. so we can expect revenues to come in around $9 billion and, yes, nike will return to profitability. plus as sports come back, that is a plus for nike. so nike a pandemic winner, david. david: sports comeback. i can't wait. i can't wait. we still don't have it full bore. thank you, lauren. we are now just 42 days away from the election. president trump heading to the battleground state of pennsylvania today. and joe biden? he has no campaign event ares scheduled, none. another day without downing much. so will biden's strategy of staying home and buying ads work, or do voters really want to see their candidate pound the pavement? that's next. ♪ ♪

♪ ♪ david: president trump rallying in ohio night, and today he heads to pittsburgh, pennsylvania. meanwhile, joe widen is staying home -- joe biden is staying home, no campaign events scheduled today. but the biden campaign is spending big money on campaign ads. come in tim murtaugh, director of communications for the trump campaign. i have to ask you about something the president was talking about night. he said go ahead and impeach me, nancy pelosi, because she's been threatening to do that about the supreme court nomination, it'll be good for me. what do you think of what the president said? >> well, the fact that democrats would even entertain impeaching the president over something that is clearly spelled out in the constitution, that it is his to appoint supreme court justice to a vacancy, that just proves that impeachment was always an election tool for them. it was an election tool the first time, it was a campaign tack tuck for -- tactic for this

many, it is again now. this just shows you what a prisoner of the left all the democrats are, including joe biden. they have to go along with the left because the radical. [laughter] is in charge of joe biden and nancy pelosi and everyone on down the line. so -- david: hard to argue with that when you look at the policies and the changes that biden particularly has made on social issues, on economic issues and now on the supreme court. i just want to deal with the ground game though for guys and getting back to ohio, the president won ohio by 8 percentage points, a big margin, in 2016. but this time around there's a lot of talk about how the race is tightening quite a bit, particularly in suburban areas. are you worried about that, and what are you doing? because you can't deny that it is tightening in those suburban areas. what are you doing to widen the old gains you guys had in 2016? >> well, the president's going to one ohio, there's no question of that, and i think the democrats, if they're being truthful, would recognize that as well. we're running tv ads, tracking

the early voting states and running ads like all campaigns do, but we're also mounting a traditional campaign as well. the president with a very aggressive travel schedule. you mentioned pennsylvania, he'll be in florida as well and we just announced a rally that is close to the virginia/north carolina border, so some north carolina residents can go as well. the president has been to michigan and wisconsin and minnesota and arizona and new hampshire. he's going to a lot of battleground states, and at the same time, we've got an absolute army for trump on the ground. 2.1 million volunteers have made contact with 102 million people in this country, 102 million voter contacts either by door knocks or phone calls. joe biden's doing none of that, none of that -- david: what joe biden is doing is spending a lot of money, and he has more money, they have more money, cash, than you guys do by over $100 million. they're spending a lot of it on tv. now, hundt, it should be -- hillary clinton, it should be

mentioned, spent a lot more money than the trump campaign in 2016 and, of course, she ended up losing the election. they spent, i think, 50 times the amount on tv ads in the state of florida the trump team did, and you guys won florida. so i'm just wondering, do you think that they're wasting money? i don't know that you don't want to give them advice, but where are you spending your money if not on tvsome. >> well, let me point out that the president was outspent last time by about 2 to 1 by hillary clinton, and this time around in the closing days of the campaign the president will have two or three times the amount of money that he had in 2016. so the president's message will absolutely get out. but let me point out here that joe biden is placing a huge bet that he can do nothing but buy tv ads. you mentioned how he's not really campaigning. we're a taking a look at this, what's called calling a lid, which means an announcement by the campaign to the press corps that there will be no more news that day, they're calling a lid at 8:30 in the morning

sometimes. [laughter] and on the weekends after labor day, before a presidential election, after labor day, the biden campaign is telling reporters at 8:30 a.m. not going to to be any news here today, fellas, so y'all might as well go golfing. david: it is bizarre. >> that's exactly what the biden campaign is doing. he travels really infrequently, and when he does, he shuts out the local media. the local media in minnesota was in open revolt because he didn't allow any of them into his event. he had a one-on-one interview scheduled that got canceled. so there was a local anchor in minneapolis saying why even come to minnesota if this is how -- david: my producers are going to kill me, but i have to ask do you think that given all that the, he is going to show up for the debate? quickly. >> well, i don't know. i think the democrats are trying to give him a lot of excuses not to because he won't be able to defend his radical agenda. if he does show up, we do expect joe biden to be tuned in because he has shown that he can be very good on the debate stage.

he's been in washington 47 years, he knows how to do that kind of stuff. david: yeah. >> if joe biden does show up, we expect him to actually be quite good at the debate. david: well, we'll see. tim murtaugh, good to see you. thank you very much, appreciate it. president trump is meeting with state attorneys general today. ashley, what's on the agenda? >> well, yes. he's set to meet with themed today, we'll have to wait and see. but the key issue here is revising a key law that shields social media companies from liability for content posted by their users and that allows them to remove lawful but objectionable posts. now, back in may president trump signed an executive order that calls for new regulatory oversight of tech firms' content decisions, also backing legislation to scrap, basically, or at least weaken the law. now, the white house says it goes beyond free speech arguments, adding that it's really about protecting consumers and unsuring that they

are -- insuring that they are informed of their rights and have the resources to fight back. now, earlier this month the republican state attorneys general of texas, louisiana, indiana and missouri all argued that social media platforms cannot be truly free unless the participants understand the rules of the forum and competition is able to provide alternatives when speech restrictions go too far. it's a hot button issue. david: oh, it's the issue with regard to social platforms. of course, these are more than platforms because they're making editorial decisions. >> right. david: they are censoring material that comes in, and that's more than a platform, that's a publication. they should play by the same rules. ash, thank you very much. well, the mayor of chicago promised to ease up on parking tickets as the city emptied out during the pandemic, but more than 35,000 drivers have been ticketed since march. what happened?

a live report from the windy city right after this. ♪ the shift has begun. the antes been upped. to lead the charge... good had to be amazing...

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david: well, the city of chicago's on e hot seat after pledging to ease up on parking tickets and then reversing course. i hate it when they do that. jeff flock is live in chicago. what's going on there, jeff? >> reporter: oh, you hate it, boy, a lot of people hate it here. it's funny, this is oak street. this is one of the toughest places to park in the city. and if you don't pay, this gentleman right here, he's a very nice man. i've talked to him. but i tell ya, he's got that little thing there, he's going to write you a ticket if you don't pay what you owe. now, here's the deal. the mayor, during the pandemic, said -- and i'm going to quite quote her now, david, this is mayor lightboot on march 18th, the only ticketing that's going to be happening is if there's a car or other vehicle that's posing some kind of public safety threat like if you're blocking the intersection or in front of the hydrant or something. but what actually happened? here's what the chicago tribune found. 35,000 tickets got written during that period.

to the tune of almost a million dollars worth of fines. amazing. people were not happy, but most of them actually have paid, over half a million dollars in fines have been paid. what do people think about this? well, i tell you, it's funny, we've just been out here on oak street, this lady up here just got a ticket. she wasn't too happy. but now, it's just a ticket, again, but here's a quote from one woman who said it is a betrayal. it's absolutely ridiculous. it puts people in a tough financial position at the absolute worst time, in the middle of a pandemic, and it's just a shadety thing to do -- shade duh thing to do. and apparently some of the folks that write the ticket didn't get the message from the mayor that they weren't supposed to write tickets during the pandemic. so there you go. in chicago, you know, they're a little tight on funds anyway, and so -- david: yeah. but, still, you don't rewrite rules, like rewriting the rule of football right in the mud -- middle of the game. it's not father.

it's -- it's not fair. that's why we love you, thank you very much, jeff flock. appreciate it. let's check the big board very quickly, the dow jones industrial is down about 74 points. more "varney" right after this. . . . - i'm norm.

- i'm szasz. [norm] and we live in columbia, missouri. we do consulting, but we also write. [szasz] we take care of ourselves constantly; it's important. we walk three to five times a week, a couple miles at a time. - we've both been taking prevagen for a little more than 11 years now. after about 30 days of taking it, we noticed clarity that we didn't notice before. - it's still helping me. i still notice a difference. prevagen. healthier brain. better life.

david: quick reminder, send in your "friday feedback" messages before the end of the week of course. you can email varney

varneyviewers@foxbusiness.com, or go to our twitter or facebook pages, send questions, comments, videos if you have them. you might be featured on friday's show. send them before friday. we're not the u.s. government dealing with an election. you have to send it before the actual show. i'm sure you will get it. we just learned that the u.s., very sober news, the u.s. crossed that 200,000 death level from the virus, awful to have to report that. 200,000 dead from the coronavirus since it began in march when we had the shutdown in march. markets trading where we when which opened today. susan li? susan: johns hopkins, 6.2 million cases. u.s. has highest number of fatalities in the world. david: do you believe the high numbers coming out of china? >> i they have to have higher

death numbers. david: they're totalitarian but at same time their numbers seem used fully suspicious? >> small. relative. david: relative to the rest of the world. susan, pleasure working with you, to all of you. neil cavuto is here to take it from here. hi, neal. neil: to bring you up to speed, jerome powell and treasury secretary testifying on capitol hill. they're sending out strongest signals that more stimulus would be better than no stimulus at all. special guests with us today, john boehner, joe crowley. john boehner has a become coming out. i don't think it will come out to the spring. you have to see this. it does austin powers, barry white