maria: welcome back. hats up to this elephant. and elephant takes off a woman's had with his trunk when she was posing for a photo. he did return it. have a great day. "varney and company" begins right now. stuart: good morning, everyone. this is the day after the build back better debacle, the day after another big market selloff and hours before the president's address to the nation on omicron. hardly a slow news day four days before christmas. we start with the money, the

dow down 400 monday bouncing around 300 this morning, should get back above 35,000 level. the s&p up close to 50 points, 40 in nearly going in the nasdaq a very solid gain. it is up and down all week long. that's called volatility, nasdaq up 170 points, the cryptos are bouncing back, 48,000 on bitcoin and ethereum above $4,000 was most stuff is up this morning including interest rates, yields off of luke recent lows, one dollar and $0.46 is the yield on the 10 year treasury yield. that's money this morning most of it going up. this afternoon the president will try to get out in front of omicron, the dominant variant in america. its rapid spread led to a cascade of closures and long

lines at testing sites. the president will announce a plane with 3 main islands, support for hospitals, access to free tests, the government will buy 500 million rapid tests and expanding vaccination capacity. no lockdowns, no new mandates, this is a test of biden's leadership. joe manchin's no one build back better reverberating, bipap staff poisoned the atmosphere. mitch mcconnell said manchin should join the republicans a leader schumer says the senate will vote on parts of build back better next year but we don't know which parts or whether any will be accepted. two years ago we first heard the words covid 19, two years on the covid variant tears through the country slowing the economy and forcing the president to address the nation with a new covid plan. tuesday december 21st, the first day of winter. "varney and company" about to

begin. ♪♪ deck the halls with holly ♪♪ stuart: that is positive news it. i get a downer for an introduction to the show. rather pessimistic across the board. i have a problem with that. the president will address the nation on omicron at 2:30 p.m. eastern time. >> 8 to add to the pessimism but the president will continue to pressure vaccination and the booster, use the military to support hospitals and make 500 million at home tests available for free when you order them

online. there is the problem, two years into this and there are fears hospitals will be overwhelmed when 7 in 10 americans are vaccinated and testing is hard to come by. is not expected to announce a lockdown or further restrictions. many are closing down on their own, the president will say healthy vaccinated people should feel safe celebrating christmas but is an optimistic message going to fall on deaf ears to a frustrated public? stuart: i think so. in increasingly deaf public turning off from all these restrictions. i don't believe the president won't take any questions. lauren: he should. stuart: it is a statement. lauren: what about treatments? we pray little about covid treatments that eradicate the problem if you get fast tracks and available. stuart: jen psaki made it clear

what the president's address was not going to be about. role tape. >> this is not a speech about locking the country down. this is a speech outlining and being direct and clear with the american people about the benefits of being vaccinated, the steps were going to take to increase access, increase testing and the risk to unvaccinated individuals. stuart: how is this going to go down. jason chaffetz with us now. not much new in this plan. do you think it is enough for the president to establish leadership on omicron? >> probably not. as long as doctor fauci is in charge and the mouthpiece for the administration america will look at it and say we need a second opinion. he has lost his trust and if the president wanted to mix things up, science first, put somebody new in that position but he's not going to do that. a forest testing it is the biggest weakness of this administration. they are a year late to get

into serious testing, the president promised december 2nd that everybody would be able to go and get a free test at their local pharmacy. i tried that, had to pay $25 and the fda announced three commercially available testing kits do not attack or register whether or not the omicron is the variant you are testing. they have their hands full. they are woefully behind on testing and i think today will be a testament to that because they will try to put an emphasis on it but 6 months to a year behind. stuart: why did the president insist on an address to the nation as opposed to putting out the plan for the white house and using jen psaki? that's usually a big deal. should be dramatic, usually something new. i don't get the sense this rises to the level of a national address? what about you? >> i think the virus is rampant

and people are frustrated with what is going on. they are being told they are getting locked down. just look at certain communities. it was a couple days ago they talked about this long winter of death. it doesn't get any more dramatic than that so they created a problem for themselves and people are still scratching their head a year into this. president biden promised during the election when he was first elected he was going to lockdown the virus and open up the economy but the opposite has happened. i think he's trying to scramble with a positive message in the christmas weekend but i think he is not the best communicator. stuart: thanks very much, 2:30 p.m. eastern. we are watching closely and it will be on this network. president biden we are now told got close contact with a covid positive staffer. must've been tested.

>> biden spent half an hour near the staffer on air force one friday. as was the staffer. this is the nature of the omicron variant. stuart: you may have been vaccinated but you can still get omicron. lauren: following cdc guidance he's not going to quarantine because usually vaccinated. stuart: check these futures from yesterday. we are going to be up 280 on the dow jones average. luke lloyd joins us. that is a premarket bounce but some market watchers on this program suggested the bull market is over or on its last legs. you are shaking your head, don't think it is over? >> this is just the beginning of a bull market. the game has changed. you can't accept 15% or 30% gains like we saw the last four years.

valuations in mind, they matter more with interest rates rising, doesn't mean stop owning stocks, a high inflation and find it makes it more important with stocks. stuart: this is a new bull market. we've got up since 2006. you've gone straight up, 12, 13, 14 years and you think this is a new bull market just starting? >> i do. we saw covid crash 25%, 30% from the top. that was the end of the bull market cycle. this is a brand-new bull market cycle. everything happening right now is a blessing in disguise. the market can't see it yet. joe manchin saying no to build back better is great, that means no spending, lower taxes, more economic growth. the fed becoming more hawkish to combat inflation means more

power to the middle class which means better and more stable economic growth. omicron is more contagious, but not as dangerous and this is the direction we need covid to go to get past it. stuart: what did you buy yesterday when the dow went straight down? >> tried to get defensive and grow. not 20 years down the road. you can't own growth with valuations, companies losing money hand over fist, you have to on companies generating cash, current cash flow and one of those stocks, mst, a ton of international growth rate, with cannabis infused drinks and attentive current cash flow with energy drink segment and a prime example of defensive growth named as current cash flows with growing future cash flows. stuart: it is a new bull market

said luke lloyd. you are on videotape sayings this. come back soon and answer for what you said. thanks for joining us. i will show you futures to show you there's a balance, it will not recover from all the loss but we are up 280, nasdaq up 173. jen psaki says you know it is a bad news day at the white house when they announce a new pet. >> waiting for a ad news day for that to come out. if you see a tail wagging coming out of the briefing room you know something bad is about to happen. stuart: guess what, the first family just got a new dog and a cat who is coming next month. back to omicron, it now accounts for 70% of covid cases. are we going to be swamped by this? we have a report on it? ♪♪ come down town ♪♪ the rumble in the alley

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stuart: looking at maple grove, minnesota, 13 degrees, it is a white christmas. the bounce is in place, green across the screen. the president delivering 500 million at -- rapid tests. they won't arrive until january. with covid cases surging, mind

our hour-long in some places. hillary vaughan at a testing site in arlington, virginia. >> the line is around the block, they go spend time with their families and how many people are in it you see the line getting longer and longer, the white house and the president's, 500 million free at home tests are going to be made available to people but they will be arriving not in time for the holidays, that's not going to ease any lines and the holiday crunch around the country will announce new federal testing sites around the us and a website so americans can get home tests delivered for free but additionally the white house has been keenly aware testing is not where it needed to be.

earlier this year they said they would investor billion dollars to increase access to testing but the year is over. it is december and that $1 billion is not seemed to ease any of the bottlenecks in virginia. multiple site had to close because covid tests were trapped due to shipping delays so they were is shutting down facilities yesterday. wait times in dc were over an hour, sometimes multiple hours of waiting in line and new york was worse, people were waiting in line 7 or 8 hours just to get a covid tests before christmas. stuart: what a mess. good stuff right there. the nhl hockey league are going to pause the season because of the covid outbreak. >> it is an emergency brake for the league, after the games

tonight, not going to return to the 20 sixth, no player was allowed back before negative tests. one player in the nhl is unvaccinated. 15% of the league is under some type of covid protocol, 31 games were not wade this weekend up next is the olympics. china has a 21 day quarantine. if we head into february with this omicron variant and it is likely he will test positive you have to stay there for 21 days between the lyrics and that. some players are saying i'm not subjecting my family to that. stuart: another example of a mess. one of my granddaughters felt a little ill, had to get tested. two hour wait to get tested. got tested. came back with a negative but she had flew. so there you go. lauren: because the flu still exists, real things are happening on top of covid and

everyone is confused and at a loss of what to do. stuart: 73% of new cases in the country are omicron. doctor frank is with us this morning. i see all these headlines about this huge wave coming to inundate us with omicron. are we going to be swamped? >> we are going to be swamped and we are getting there right now but there is a message here, don't panic about omicron because it really is shown to be a fairly mild strain. i'm seeing that in my office, i've seen a couple cases today. we are seeing a milder strain. i was talking to my colleagues, anybody in the hospital lately? neither have i. we are seeing symptoms that mimic the common cold. earlier on in covid you could smell these cases, this guy has covid, having trouble

breathing, shortness of breath, and they look like they have a common cold. stuart: if omicron is sweeping through so fast and is relatively mild as you say isn't that good news? because it will be over soon. we can see the other side of it. good news, isn't it? >> it is good news. herd immunity is the only way going forward. the single note symphony, has been to a detriment. i say vaccines are an important piece of the puzzle particularly for the at risk populations but so many other pillars we can go after. or the testing, early treatment, availability of monoclonal antibodies. that has been lacking. i was thinking about it and the government spent money, to get a vaccine, one of the lowest risk populations, why don't we take that money and put test in doctors offices? it has been an invaluable tool.

stuart: the president is going to one of the government will push 500 million early tests or rapid tests. do you think that should be the main part of the plan, testing is the big deal here. >> the home tests i won't they are useless because they are not. there are a lot of false negative class with a home test. if it comes up positive it is likely positive so it is a positive move. i like that they are testing more. i would like to see more pcr testing available because it is more accurate and reliable but useful as far as helping stop the spread of it if you know you are sick right away, people are waiting for your 4 days versions care, what's the point

of knowing 3 or 4 days from now but the bottom line is everyone is going to get this at some point whether it is now or 6 months from now everyone is going to get it and herd immunity will get us out of it. stuart: everyone is going to get it? >> that is the sweeping statement but i think most people will come into contact with it. whether they get ill from this we are almost are going to get into contact with it, it will be like the common cold or the flu. stuart: what is the point of these constant suggestions you've got to get vaccinated, boosted, what is the point of this if everybody is going to get it? >> i'm asking the same question. you are looking at a vaccine with the menacing efficacy against these variants. we have to consider omicron a new disease, it is so different from now the in the earlier strain of covid that it is practically indistinguishable. 32 mutations of these like protein the vaccines were designed to work against. when people come in and say i had two vaccines and the booster and still got covid it can help protect from serious

illness with the at risk population but the rest of the people, only vaccines all the time and we have to get broader. stuart: we will remember what you said, everyone eventually is going to get it. thanks, we appreciate it. futures point to a bounce for the dow, the s&p and nasdaq. we take you to "the opening bell" which is next. ♪♪

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stuart: futures point to a bounce up 280 on the dow, 145 on the nasdaq. greg smith joins us. the dow closed yesterday at 34,00932. are you calling that a bottom? >> happy holidays to all. no coincidence it is winter solstice so the shortest and darkest day of the year. maybe that will coincide with the lows you saw yesterday and there are brighter days ahead. the markets, new york city, we woke up to a double whammy of bad news.

first we all learned omicron is like a belly button. we all have one and we are all going to get it. the good news it is not as violent as its predecessor. my friends are not going to the hospital. in the meantime the rockets have gone to miami, broadway shutting down in the new york rangers playing at the garden, we might have seen a lull in the market and there are brighter days ahead. stuart: omicron could actually be a positive in a strange sort of way because if we all get it, rattles through societies very quickly and is relatively mild you can see the other side and that's a positive for the market and the economy. >> yesterday was a day to do nothing, take a snow day and not panic but everybody i speak to in new york is contracting covid, they have mild or no symptoms, hanging out at home and it feels like it will through our communities the

next few weeks and months. it will spread to the rest of america, people will get it but they will recover and the key is hospitalization rates. that will dictate how much impact in terms of closures and what they do but this will rip through. we will get to herd immunity and brighter days ahead. the market reaction might have been overdone. stuart: a down note, after half an hour moving to upbeat mode. see you again soon. the market is open and moving higher, dow industrials at 300 from the start. we showed you the dow 30 on the left-hand side of the screen. all of them were down. this morning left-hand side of the screen the dow 30 almost all of them are up, 27-30 are up but the dow is up 300 points. the s&p 500 is up 0.88%, a 40 point gain and the nasdaq moving higher to the tune of

one.04%. nice rally on the nasdaq. big tech doing well, didn't do well yesterday but this morning is another story. alphabet, amazon, meta-all of them on the upside. nike is up this morning, 6%, strong north american demand. do they see a sales slump? >> china is the second-largest market for growth and sale down by a fifth but the good news is the swamp may be behind nike because there's always disruptions at factories, vietnam is back 80% and north america the biggest market, sales strong, 12%, highest growth and all geographies and nike reiterating their full your outlook, and a single sales growth, saying we are at a much stronger competitive

positions in pre-pandemic. i count around 3 or 400 that raise their price target so on nike jpmorgan can nike down to 185. still some upside according to the market. stuart: still the chipmaker micron doing very well. do they have a strong report? >> not bad for boise idaho-based chipmaker, data center sales are huge for micron thanks to cloud demand, more computing power as they expanded the chip shortage to ease up over the course of next year 2022 come micron bullish on this lifting of the chipmakers. nvidia up 2%, down 15% but they are up by a third in the final 3 months of this year. maybe there are concerns that it is a $40 billion acquisition that could become by several governments around the world including the us, china and the uk but we doubled so far, not

bad. stuart: not bad at all. general mills is down 3.6%. they offer positive guidance with stocks down? >> supply chains and inflation hurting the bottom line. serial supplies, we need them. it will cost more to make ends might be delay but more sales and profits over the summertime, raising sales because people eat at home with demand from omicron, people stay at home. stuart: let's go through our favorite group of stocks, they are getting hit with a hefty fine, fraud charges. how big is the fine? >> overstating their technology in that spec deal, misleading

comments by milton who was kicked out of the company but all investigations at the fcc is bullish for the stock. under investigation, all of these are spack deals including the one with mister trump's social media company. stuart: you know how much money it will cost you can start to move forward. fiska, you got news on some? >> it is not a big deal, there is no breakup there but it is a different story, another electric car name announced a deal with bridgestone for supplying electric car production across france and germany but let's check in at the other electric play,

riveron is recovering, these electric car names were under pressure because of the build back better plan manchen said no to. they had generous electric car rebates in the bill, 12,500 for union made once in 30% credit for commercial electric cars so when manchin said no it hurt a lot of electric car names in that sector. lucid part of the recovery story. stuart: a company called society pass, e-commerce company. >> in southeast asia. >> huge yesterday, down a fraction. what do they do and what is going on with this policy? >> e-commerce loyalty company and the reason i want to show you that it is pretty volatile but explosive because it goes

up 26% as one point because that to the russell 2000 which attracts small caps and added to the russell 2000, billions of dollars index funds have to mirror what is in the index. you like movers. stuart: a huge mover yesterday moving down a little bit today. on your screen the dow winners headed by nike, 7% gain for a huge company like that. the winners, that list is headed by citric systems, there's a takeover possibility. micron, another chipmaker, nike on that list too. nasdaq winners, micron technology, lots of chipmakers, the most active list and biggest gainers list. after 6 minutes worth of business the dow is up 370 points. what is real and a 10 year treasury, one.7%. the price of gold $17.95, bitcoin earlier this morning

49,$000, still there at 48-9. the price of oil $70 a bounce back again. not much but at 386. price of gasoline, regular average, 330, down once and, california still $4.66 a gallon is coming up on the show, he is the brandon that started it all. role tape. >> such an unbelievable movement. >> you also told me the chats from the crowd, let's go brandon. stuart: not quite. the nascar driver speaking out about the chants, what he is saying, backtracking after calling all of west virginia poor, illiterate and strung out. senator joe manchin from west

virginia not backing down to the far left of his party. watch this. >> they figure surely we can move one person. i am from west virginia, not where they are from. stuart: he is not to be bullied but progressives want the president to bypass them altogether. how to do that? we've got the story and reaction from larry kudlow next. ♪♪

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stuart: that is rather strange, looking at capitol hill in washington dc, probably cloudy, 35 degrees. donald trump will hold a news

conference from mara lago on january 6th, the anniversary of the riot at the us capitol. press conference will be held by donald trump january 6th from mara lago. progressives calling on the president to push through his spending plan with out congress. how do you do that? >> executive action. chair of the congressional progressive focus. >> no one should think we are going to be satisfied with a smaller package that leaves people behind the refuses to tackle issues like climate change. it is incumbent on president biden's promise by using the ultimate tool in the toolbox, the tool of executive action in every arena immediately. >> they have canceled joe manchin and the entire democratic process ramming this through.

considers scaling down the cost of this spending bill but senate democrats, they discuss rule changes, if they put that billback letter to a vote, and taking it on the heat for it, a lot are against their agenda. stuart: you can't raise through taxes through executive action. larry kudlow, what do you make of the white house's performance on build back better? >> >> what they should do is save america and kill the bill. stuart: i knew you would say that. >> have to go there. happy new year to everybody. the white house made mistake after mistake. manchin, they are insulting the

voters in western cities, the deplorables, hillary clinton's deplorables, these are the deplorables, not the coastal elites, they ask their senator 100% they do not want massive spending and entitlements without means testing, they don't want to $5 trillion bill that would increase inflation, that will fall so heavily on small businesses and the blue-collar middle-class, they don't want this and manchin is being a terrific senator representing the interests of his group. the white house will simply not accept that the public hates this bill, and fdr and lbj majority to get it. take a page out of bill clinton

and moved to the middle from 1995, the era of big government is over if they get shellacked in the midterm. the political operators, and ron claim and jen psaki, here's another thing. continuing to lie, every economist in the country, and also they lied about the cbo scorecard, permanent versus one year temporary. they won't deal with the fact the bill was never, quote, paid for though i am bad of it. you are not going to bully him or get his vote by attacking his house a vote or attacking him in the garage. you won't get kristen sinema's

vote by attacking her in the ladies room at arizona state. the woke crowd doesn't believe in free speech and politically they are the dumbest people i have ever seen. stuart: do you think manchin should become a republican or run for the presidency in 2024? >> those attempting options. i would love to see him run for president, for all good thinking goodhearted people i think merry christmas, i think the democratic party would help manchin if he ran for president as a democrat. i know that is a long shot but just saying, he could save the party from it self. the other point, if the white house and the president and the progressives and everybody keep attacking manchin said if you

don't want me, they will leave and that is why these tactics may backfire. he could wind up being a republican. it is like reagan said years ago. reagan set i didn't leave the democratic party, the democratic party left me and i think that holds for joe manchin who is an old-style conservative democrat and i love the fact that all these whack job progressive people keep insulting the voters of west virginia. i love the deplorables. they will not look like it but that is where the mind is. stuart: kill the bill. watching you at 4:00 pm on foxbusiness, thanks, see you soon. and there is this. actress beth midler lashed out at west virginians after west virginia senator manchin said he would not vote for build back better.

>> hardly walking them back. beth midler wrote this. joe manchin, what he has done to the rest of america, wants to move forward like his status horrible. and west virginia, poor, illiterate and strung out after receiving a good amount of deserved backlash. i apologize to the good people of west virginia for my last outburst. i'm seeing red. so manchin and his family are committal enterprise. is see the best west virginia had to offer? surely there is someone there who had his state's interest at heart. 74% of them in west virginia are against build back better and democrat in red state joe manchin has a 60% approval rate.

president biden would love that rating. stuart: a potential terrorists from saudi arabia cost at the southern border in arizona, the attorney general of arizona is here to tell us what he knows about that he rest. cruise lines taking a hit from omicron. how can they prevent outbreaks on board? we will take you to a port in florida for that report, that is next. ♪♪ ♪♪ i'm on vacation ♪♪ every single day ♪♪ every single day ♪♪ nvestment objectives, risks, charges and expenses. go to flexshares.com for a prospectus containing this information. read it carefully.

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stuart: we told you about passengers and staff testing positive for cobra border royal caribbean cruise ship. madison allworth is in tampa, cruise should have tight restrictions. will they tighten them some more? >> reporter: they are. if you are unaware caribbean or norwegian cruise, you have to wear a mask inside at all times unless you are actively eating or drinking or in your personal room and you also need to wear your mask outside if you can't maintain six feet of distance so going on vacation with that

mask on the majority of the time and this all comes after 40 passengers on that cruise tested positive, both royal caribbean and norwegian require all passengers over 12 to be vaccinated, and even so covid 19 cases are being reported not just on those two cruise lines but of the 110 cruise ships operating, around 30%, enough covid cases on board for a cdc investigation, travel agents say the step back is not sinking the industry yet. >> we are seeing some cancellations and postponements, they are pushing the date out but this would not be the heaviest cruise season anyway so mostly we are seeing people waiting to see.

>> reporter: the busy cruise season starts after the holiday. 50% of cruises are still off-line as the industry continues to build back. progress continues that omicron doesn't undo that progress the industry could outpace 2019, one of their best years on record. these companies in light of these cases are trying to hold on to the customers they currently have. when it came to reopening the cruise industry was one of the last groups to get the green light from the federal government to start operating again so they don't want to move backwards. stuart: those restrictions are draconian. masks inside or outside on a cruise, spare me. >> hard to imagine going on a cruise and wearing a mask the entire time. stuart: thanks very much indeed. brian kilmeade, sean duffy, eric schmidt and john schneider on a show coming up, the 10:00 hour of varney is next.

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the dow is up 300. it was down 400 yesterday. the nasdaq is up 88 at this point. 10-year treasury yield coming in at one point. you have to show me, i can tell the audience. 1.47%. there you have it everyone. now. i talked to a friend who had a child in school in new york city. i just wanted to know what it is like to be a city kid during the pandemic. now i understand how hard it is for everyone. first of all at the school my friend's child attends the windows are open. today is the first day of winter. so it is cold. so the children have to wear coats and gloves to keep warm, all the time. some parents cut the gloves fingers off so the kids can write more easily. masks must be worn all day, every day, teachers and students alike. i don't know about you, i find it hard to hold a simple conversation when fully masked.

learning must be much more difficult. desks are kept apart. the kids leave their desks to eat in the cafeteria but they may not talk to each other. apart from a the trip to the cafeteria, spend whole day in the same room. don't switch rooms for different subjects. if anyone tests positive, their close contacts go straight home to quarantine for 10 days. in some instances if a parent tests positive, a child is quarantined for 24 days. grim isn't it. can you imagine sitting there in the cold for hours on end, not much learning being done. no after-school activities. no socializing. parents lives disrupted, teachers exhausted. something must be done. young children with these restrictions are not learning to relate to others. they're falling behind academically. we're putting dubious safety measures ahead of learning. that i think has to change. second hour of "varney" just

getting started. ♪ stuart: i want to bring in scott shellady right from the get-go. you heard what i had to say there. i say the safety rules have to change. what say you? >> this is what happens when you put government in charge of keeping you safe. they come in with a hammer. it's overwhelming. they don't know what to do. they make this mistake all the time. it's a very blunt edged sword when you put the government in charge of these type of things. trying to do it with the best intentions to keep you safe most of the time. 191 when the government wanted to keep japanese-americans safe from any backlash from pearl harbor. we interred them. at the time they were trying to keep them safe. that was the government's heavy hammer. now you look back, you think it is ridiculous. i got friends who are teaching.

when children color in coloring books nowadays they put masks on the kids in the coloring book, they don't feel comfortable unless the kid has a mask on. think about the economic and social, psychological damage we're doing to a whole generation of children because of these mandates. i think this is the problem. it is they're trying to do something to keep us safe once again it is a hammer. everything is a nail. they don't want to take the time to think what a smart line of action is. this person has 84 times likelihood dyings of covid than a 10-year-old does but we'll treat them the same with our post government actions. lauren: i'm getting annoyed as scott speaking. i want to know where the off-ramp is. number of infections is bad. put the mask back on. that's fine. beginning of the year we had no

positivity cases in our community. why did the kids have to wear masks then? stuart: where is the off-ramp, lauren makes a good point. enhance this, one of her children goes to school masked up fully. they get a mask break briefly every now and again but putting the kid in the closet. in the closet. that is where they take the mask off. can you believe this? lauren: -- private school either. >> it is stockholm syndrome all over again. the off-ramp when the parents finally stand up to say enough is enough. it is stockholm symptom. we're in love with our captors. we think it's a privilege to get in the clossette to take the mask off for how many seconds. that is the problem. we're so deconditioned and brainwashed to think that is a actual privilege. the off-ramp people stand up, enough is enough. you can't cover us all with the same blanket and say we'll be safe. over situation is going to be different. now these children, it is so bad

that these children will have a lifetime -- back in march on your show stuart i said lockdowns don't work. i got death threats for saying that. i've been proven to be right. you can't take one rule to apply it to everybody. all the kids have to be masked up when we have a drowning problem with children. we don't have a covid problem with children. stockholm syndrome. we're in love with the captors. every time off is a privilege. stuart: scott, you put it correctly. glad you were on the show, scott. see you soon. >> all right. stuart: go back to this, speaker pelosi was talking about, touting the president's agenda. lauren. lauren: she was in san francisco talking about the bipartisan infrastructure deal when she was disrupted by you know this chant. >> this is -- >> "let's go brandon"! >> mark, mark desona.

lauren: she didn't acknowledge it. the nascar at the center of let's go brandon speaking out. brandon brown writes in an op-ed. i have no interest in leading a political fight, i race cars. i will no longer be silent about the situation i find myself in, millions of americans are chanting my name. i hear them even if washington does not. stuart: that is important. >> that is a way of being political without being political. he didn't want to speak up, canceled by his sponsors, his sport. he listened. why are they chanting my name. i hear you. i use a lot of gas, than most people. i race cars. i get it. stuart: what a fascinating story. thanks, lauren. let's get back to the markets. we're up pretty much on the upside. look who is here, david bahnsen, the man himself. david, i will ask you the same question i asked a lot of people

this week and last week too. is the bull market over? >> i'm not sure that the bull market is over but i do think it will slow down, stuart. i think you will have slower rate of growth in the year ahead and particularly some of those high p-e and those growth stocks are going to slow down, you know i'm hear to talk about the dividend stuff. i think those are at low valuations. stuart: i know you brought two dividend picks with you. first off h&r block, tell me how much does it pay, why do you like it? >> it pays close to 4% dividend but i like it because it is undervalued, cheap stock, it doesn't require a lot of capital. it is not dealing with a ton of debt. if they raised interest rates it don't blow out the company. we want to be defensive next year about highly levered companies. so h&r block does not have a debt profile that concerns us and it has growing free cash flow. stuart: what does apollo global management pay? >> like your friends at

blackstone, apollo adjusts their dividend quarter by quarter to the cash flow. stuart: yeah. >> so apollo i can't give you a stable number but it is targeting 5% next year. we think it will beat that and the stock is actually down a little bit in the last couple weeks after being up huge all year. so it's a good entry point. 5% dividend next year. very diversified business. stuart: how do you feel about at&t? because i'm pricing it around $24 a share and at that price is yields i think around 7% if i'm not mistaken. that's a very healthy yield. you don't trust it? you don't think it will be maintained? >> well we know it will not be maintained. they already did a dividend cut. only two things can do to upset david bahnsen right now. one ask a 6-year-old kid to wear a mask and two, cut a dividend. at&t cut their dividend. they're dead to me. stuart: they're dead to you. david, that is pretty clean cut,

i got to say. i appreciate that. david bahnsen, we'll see you again real soon. stuart: market overall, we have movers. rite aid, interesting news on rite aid, up 16%. lauren: investors like it. they're closing 63 stores in the coming months to cut their costs to boost their profitability by estimated $25 million. they will still lose money but less money than wall street anticipated because of vaccines and testing they're doing. stuart: 63 stores to close. i wonder why? they're not coming through properly. lauren: you're probably thinking of the smash-and-grabs and retail theft. you haven't heard anything about that you have to assume that is part of that. stuart: biogen, what is the movement there? lauren: they're expensive alzheimer's drug, $56,000, they cut the price in half to $28,000. that would be good news. you have more access. more of a fordability. yet now, you have a panel of experts now asking the fda to pull it from the market. they don't like the side-effects.

stuart: pull it off the market completely. they cut the price in half, that is not good enough. take it off the markets say the experts. surprised at that. what else we got? citric system, i know that company. there must be a takeover there. lauren: number one on s&p 500. a report that elliot investment management and considering a joint bid for citric that makes work place software. we saw a lot of software deals, oracle an cerner, oracle buying them $28 million. stuart: this one is for you. i find it fascinating. a classic 195porsche, 356 it is called, it completed a an arctic road trip. you tell me nor about that? lauren: the 65-year-old driver didn't preserve her 65-year-old car. she converted it into a snowmobile. look at that, modified with skis on the front, tracks on the back. she was tackling the dangerous union glacier loop for five days

in antarctica. raised the car on all seven continents. raises money for charity. stuart: she is 65? lauren: 65 years old. she does it sometimes with her daughter. rene. edge a is very important to me. lauren: both 65, is that a coincidence? stuart: i love it. let's get serious for a second. a potential terrorist from saudi arabia was arrested at the southern border. we have details for you. no state wide mask mandate in missouri. that is not stopping school districts there making children wear them in class. missouri's attorney general is fighting that. he is on the show to tell us what he is up to. president biden will deliver an address on omicron variant as cases continue to rise. we have a report. he speaks this afternoon. ♪.

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stuart: not laughing at performance of the markets. dow up 370. nasdaq up 111. you are on for a moment there. president biden, yes, exactly. president biden will deliver a speech on omicron this afternoon. edward lawrence is with us. the main point here is all about testing. is that it, edward? reporter: that is exactly right. that is the only thing on the public schedule today, the address he will make later on this afternoon. it is all about testing. the president, we've seen a lot of these long lines, it is hard to get some testing this is exactly what the president will lay out. a number of things, including

the testing but main one is testing. he plans on increasing support for hospitals should there be a surge for cases, with a thousand, military doctors, nurses, paramedics to work in hospitals. administration will set up new testing sites. the federal government is buying half a million at home tests will distribute to americans that want them starting in january. finally he will add pop up vaccination clinics to push the vaccine and boosters. the white house says this will be enough. there will not be a need for any lockdowns. >> the reason we're not going back to a shutdown is because we are now at a very different place we were in a year ago. i was just important for people to hear the president talk about this tomorrow. 200 million americans are vaccinated now. that is a stark difference from where we were a year ago. you will hear the president talk more about that. reporter: president talking today about that. he is trying to turn around his falling poll numbers from

handling of everything from the economy to. 70% of americans feel 2021 was a bad year. you have to go back to 2019 that feeling was 1/3 of americans. 54% of registered voters say they're not hopeful for the future. stuart: we need the tests. you should see the lines around the block here in new york city. long, learning. reporter: what is interesting. this is the united kingdom was ahead of the curve. i was in glascow on climate change. you want the test to arrive at your hotel this is where you send it. this is something the u.s. is behind the curve on. jen psaki was asked about it a week 1/2 ago in a briefing and she brushed it off that we didn't have enough tests. look here they are. stuart: we won't get 500 million tests until mid-january, that is sometime away there. edward, good stuff. thank you very much, sir. throughout the pandemic missouri never issued a statewide mask mandate.

now the state wants to mask kids in schools. eric schmidt is the attorney general of the state of missouri. he joins me now. mr. attorney general, you don't want masks for kids in schools but how do you stop it? >> we're going to take them to court. we sent a letter to all the school districts across the state you have no authority, you don't have any authority to force the masking of five-year-olds, school age kids. a lot of school boards have moved and gone mask optional. the ones that haven't we sent cease and desist levers, 50 school districts, if they don't somal comply with the law, my office will sue them on behalf of the parents. people have had enough of this. they have been lied to too long. there is no data and science to support this. this is about power and control. as the lawyer for people of the state we're fighting back. stuart: i was hoping you were watching the show 20 minutes ago when we had a long editorial of kids in schools and masking. i don't know whether you heard the bit about lauren, my

colleague, a child in school in masks, they're allowed to go maskless briefly by going into a closet, into a literally a cupboard where they can take the mask off. that is truly ridiculous, isn't it? >> it is ridiculous. we've seen images of schoolkids having to eat lunch outside. you know, in the freezing cold. i mean, these measures, first of all these restrictions have not been effective. there is no data or science to support the forced masking of kids. we know there are long-term learning challenges, emotional and psychological problems. it is time to take those things into account. look we've been successful. i have sued st. louis county, the state's largest county tried to impose a mask mandate. we won. we'll take the same fight to the school districts that refuse to follow the law. by the way, we opened up an email hot line for parents to let us know what was going on. there were thousands of emails came in telling us stories of students, letting the administrators know.

but also administrators threatening parents they would call gfs on them if they didn't send their kid in a mask. this stuff has gotten completely out of control. it needs to end this is bigger debate who we are as a country, stuart. we're the freest country in the history of the world. people can make the decisions themselves. stuart: justice brett kavanaugh asked the administration to respond to a flood of vaccine mandate appeals. when can we expect the supreme court to rule on the private businessman dates? >> yeah. you've got three big cases. the federal contractor, the health care work early mandate and osha private employer mandate. all are moving very quickly through the courts. i would expect by the end of the year all of that briefing will be due. missouri is leading the charge on that overreach as well. these are really big discussions we're having in consequential decisions about the role of the federal government. the federal government is supposed to be a government of limited powers. and forces vaccination of

100 million americans isn't one of them. so these are big, important cases. osha is in charge of making sure forklifts beep when they back up, not forcing this kind of, forced vaccination. so i think, these are moving very quickly in the next couple weeks. we expect the some decisions. the deadlines are looming. stuart: mr. attorney general, thank you very much for joining us, sir. we're cheering you on. at least i am. we appreciate it. >> thank you. stuart: the omicron variant continues to spread across the united states. has it already overtaken delta? lauren: yes the dominant strain. it accounts for 73% of all new cases in the u.s. honestly probably all cases in some parts of the country. that is why some hospitals are experiencing a surge in new cases. they need backup. that is what the president, part of what he will address today. he will also say the government will distribute half a billion at home covid tests but the tests need to be ordered on line starting in january and, that's great but is there a way to validate the test?

like if you swab yourself and it is negative. will the airline or the school accept that so you could fly internationally or bring your kid back to school. otherwise you're wasting a test in some cases. you have to get another one to be accepted. i'm curious if he says anything about that. stuart: that is a fascinating problem i could see a mile off. i never thought of that. thanks, lauren. now this, school closures surged 82% compared to last week. several more school districts are planning to go back to remote learning in january. sean duffy has nine children. i will ask him what he makes of all this goings on at the schools. one pharmaceutical company says it has an antibody cocktail that works against all covid variants including omicron. the founder and the ceo of that company is here to talk treatment next. ♪.

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new york city. it is 36 degrees. it is like an ice palace, doesn't it? it is very chilly out there. it is four days to christmas. we have this coming in to us, new york city's mayor bill de blasio, people who get the covid booster will receive $100. sign me up. check the markets, please, the bounce-back holds. not coming back from all of yesterday's losses but halfway there. dow up 260. nasdaq up 50. s&p up about 20. susan looking at movers for us. start with blackberry. susan: blackberry reporting after the bell. blackberry is part of the meme stock trade which has to be financial story of the year, don't you think, stu. upend traditional investors, smart money. there is no such thing as dumb money anymore. blackberry is now a cybersecurity company, licenses out its software. it doesn't actually make the deactual devices anymore.

look at a big mover, kasava sciences a huge spike, 40, 50% at this hour. halted for volatility in between. this biotech has been cleared of any data manipulation stemming from a 2005 publication. they research alzheimer's treatments. if you like movers here is one for you. let's check in on the vaccine makers. this is a case of buy on the rumor, sell on the news. to get eu emergency authorization for its vaccine but today we're down some almost, it was down 18% a few minutes ago. same thing with moderna as well. stuart: by the way i do think that the retail investor was the big story of 2021 in meme stocks and cryptos as well. that was a real break through. susan: shows they know what they're doing. stuart: apparently so. all right, susan. see you later. thanks a lot. i have a first on fox everyone, aradus pharmaceuticals announced a antibody cocktail that works

against omicron other covid variants, sars and merz. the doctor joins me now. doctor, how do i take this antibody cocktail? >> well you know, stuart this antibody cocktail can be taken with any other antibody cocktail through injection but we're developing administration to you can actually take it at home. we think that the vast majority of covid patients are happy at home. they're not taking these e treatments. stuart: can you take it like a nebulizer? you can do that? >> absolutely. stuart: when do i take it. do i take it as preventative or perfectly healthy or take it when i have got the first symptoms? >> exactly. the data is coming in with other monoclonal antibodies take it preventatively even before an

infection and it will prevent serious disease and take it right after you have a covid positive test, a asymptomatic, that will also work. our antibodies work exactly the same way. you can take it earlier. that is when these strains are most effective when you take them well early into the infection cycle. stuart: is your cocktail a breakthrough? is it completely different from other apat-- antibody, whatever cocktails are completely different? >> this is the first time that we know of an antibody cocktail that is discovered directly from patients. convalescent patients this is not new. it is one where it hits, this mechanism that is action the virus uses to infect and cause harm to the patient. all the other monoclonal antibodies that are introduced to market attack one mechanism where the virus finds. it not only what it finds but

also attacks how it enters the home of the host to amplify itself. this is quite a finding. stuart: it would require a doctor's prescription i would take it? >> yes. would require doctor's prescription as with any other covid antibodies? is it on the market now or coming later? >> we'll try to move as fast as we can, knowing the drug works perfectly well with the omicron. also showing data that the antibody cocktail will also protect against sars, animal infected with sars. we had that 20 years ago. there will also be effective against merz, the middle east virus and several common colds. this is quite -- [inaudible]. stuart: dr. thank you for much for joining us, aridis pharmaceutical founder. we wish the best of luck with your product.

>> my pleasure. good to be here. stuart: you got it. bring in lauren again. houston, this is interesting, houston just reported what is believed to be the first death in america from omicron. what do we know? lauren: the man was in his 50s. he was unvaccinated. he had underlying health conditions. so considering that, and the number of omicron cases that we have this awful for him and his family but one death in an unvaccinated man in his 50s with underlying health conditions. take it in stride. stuart: we don't know what the underlying health conditions were. he was obviously vulnerable. bring that into consideration. this is for you too. world health organization issued a warning ahead of the holidays. what is the warning. lauren: an event canceled is better than a life canceled, pretty dire, right? fall on deaf ears. people are frustrated. don't want to lose another christmas with your friends and family. there is rush to get tested here. that is difficult. in europe, where is that line?

stuart: looks like new york. lauren: outdoor gatherings, two people, outdoor, just two people. "the sun" is reporting that the uk might impose a circuit breaker restriction. that is a short lockdown to reverse this spike in infections, but we'll get the announcement soon they're reporting, but that restriction comes after christmas. stuart: i wouldn't want to see those restrictions imposed in america. i don't think americans would stand for it. lauren: they wouldn't listen. stuart: they wouldn't listen. wouldn't stand for it. thanks, lauren. the mayor of chicago putting $400 million into violence prevention however shootings are up in moist of chicago's most violent neighborhoods. we'll have a report from grady trimble. gas prices fall for six straight weeks. but i want to know if we are driving less because of omicron? i'm asking gas buddy's patrick dehaan after this. ♪.

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stuart: we're still holding on to a solid rebound after yesterday's losses. new york city became the largest u.s. city to move banning towards the use of natural gas in new buildings. lydia hu has the story. seems to me that would raise heating bills, right? reporter: yeah. stuart that is exactly right. that is a concern coming from folks here in the city, that this transition is going to come with a hefty price tag that residents of new york city are ultimately going to have to pay for. this proposal passed the city council just last week. it bans natural gas hookups in

smaller, newly constructed apartment build national 2024, larger build national 202. that means all electric heat in the building, no gas stoves. all electric cookware. important to note, there is no apartment in new york city that is currently all electric. so this is a pretty big transition. the move, big apple joins a host of mostly other democratic cities issuing the gas restrictions up in ithaca new york, 54 communities in california and seattle washington there is a dozen towns in massachusetts are advocating bans on natural bans but this issue is putting mostly democratic cities against the more red leaning states. you can see states across the country have taken action to forbid bans on natural gas. these states say they are protecting energy choice for consumers and the bank accounts for households. it already more expensive to heat a home with electricity as

you mentioned, stuart. a household in the northeast, for example, will pay more than $1500 to heat a home with electric this year, compared that to a gas heated homecoming in $856. forcing more people on to the electric grid. well the prices are only going to go up. new york city mayor bill de blasio is expected to sign this proposal into law later this week before he exits office at the end of this year, but, stuart, with the pause on president biden's build back better agenda that included billions of dollars spending on green initiatives, we can expect to see more progressive cities around the country picking up these types of green initiatives, bans on natural gases as we'll not see the immediate federal investment. cities will push the green agenda in the short term. we will be on the watch of that. stuart: who wants to cook with electricity when you have natural gas much cheaper?

lydia, good are report. thank you. reporter: thank you. stuart: that is nat-gas. turn to gasoline. gasoline prices down to six straight weeks, to national average of 3.30 per gallon. oil up to $70 a barrel. look who is here now, gas buddy's patrick dehaan. i want to use you as a economic indicator. are we driving less, is demand for gas down because of omicron? >> stuart, i pulled yesterday's figures, u.s. gasoline demand, it is pretty eye-opening, highest monday so far of one 2001. that is the highest monday also since the pandemic started. so indeed in the run-up to christmas we're seeing an insatiable amount of gasoline demand. would i expect that to continue as we approach the holiday. stuart: i thought it would be the other way around. i thought omicron is really big into slow travel of all kinds. gas demand is so high, going higher, it is not the economic indicator i thought it was. how about gas prices, down for

six weeks in a row, going down some more? >> absolutely, stuart. i think that is part of the reason why demand may be creeping up. more americans may be hitting the road in light of the fact while the national average is only down 12 cents a gallon in the last month, you're seeing some areas of the great lakes, some individual stations, stuart, that have fallen over 50 cents a gallon. my hometown, one station has fallen 76 cents a gallon since november. falling gasoline prices coming in type for the christmas holidays. stuart: how did that happen? if you have got huge demand for gas, almost at record levels right now, but prices continue to fall, not supposed to work like that, is it? >> no, it is not, stuart. you're seeing a hefty disconnect with the price of oil and omicron fears. but a lot of those fears are originating oversees. a lot of lockdowns being issued across europe. potentially asia as well. here in the u.s., a lot of resistance to that. americans fearful and not going

to lose out on another christmas holiday like we did last year. so the signs are very strong that gasoline demand is not going to slow down, at least yet, because of the omicron variant. stuart: you're a, this is a social indicator, not an economic indicator. a social indicator, what you're telling me i'm reading between the lines americans are largely ignoring omicron, not being repressed by it. they're still out and about enjoying life, right? >> looks like gasoline data definitely backs up that sentiment, that americans are not going to be missing out, especially with falling gas prices stuart. there is a lot of protection. of course vaccines are available. americans are not going to be held back this year in gasoline demand data what we're looking at, certainly backs up that narrative. stuart: that was exactly the opposite what i thought you were going to tell us this morning. i'm absolutely delighted to hear it, if we get through omicron quickly, spreads rapidly, mild to, mild symptoms, if we can get through it quickly we can see the other side of this thing.

it looks like americans are seeing the other side. i think that is wildly positive news. last word to you? >> certainly very positive news, stuart. in the a bit of irony, i think omicron may give us a breathing room for supply to give us back up to demand. consumers may see falling gas prices next couple weeks. the biggest question where does oil production go from here? will opec cut production because of what is going on overseas. americans are not slowing down but potentially oil consumption might take a small hit. stuart: got it. patrick dehaan, ga gas buddy. see you again soon. stuart: new poll, president biden's job approval rating sinking to 41%. we'll deal with that story. the white house suggests that the president won't take any questions after his speech on omicron today. roll tape. >> take questions on it? >> he takes questions multiple times a week.

depends who you ask. depends on what you ask. stuart: repeat that, depends what you ask, deep into protection mode, aren't they? we'll be back. ♪. we've been waiting all year to come together. ♪♪

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stuart: for the benefit of radio listeners, the dow up 320. s&p up 21. modest rebound. look at dow winners, nike and boeing, both dow stocks, together they contribute 130 points to the dow jones industrial average. it is 10:51. that means brian kilmeade joins us. good to see you again. >> thanks for simulcasting. stuart: welcome. i want you to listen to what jen psaki said if the president will answer questions after his speech today. roll tape. >> might we hear directly from the president about what happened yesterday? >> i think you will hear from him on how we'll get these done. >> will he take questions on it? >> he takes questions multiple times a week so. depends on what you ask? depends on what you ask. stuart: depends on what you ask.

brian my conclusion from that, they are going to protect him at all costs. what say you? >> i don't know how much money, or if you converted your fortune to dollars yet because i know you're an american citizen now, stuart, but i guarranty you takes questions. stuart: you do? >> i do. and here's why. just too much at stake. if you're that conversant and you want to send a message and you turn your back off those statements, come on. it is not afghanistan. you're supposed to be leading us through a pandemic. how dare you turn away from the people representing us. stuart: that is very dangerous. the president does not answered a lib questions easily. if the answer is not on the teleprompter he has a problem. do you think he will get out there to expose the himself to the media with questions. >> he will use the military to expand the hospitals and going to get 500, half billion dollars in tests, right? after that, you will have a few

inspirational statements which he will squint his way through and then he has got to take questions because after all, he is supposed to be reassuring us. if he does this just leaves, i'm telling you right now, a disaster, whatever he said prior, people will just ignore it. i just think he runs from afghanistan. you know runs from the border questions. evidently this is the only thing sustaining him right now from going below 30% in approval rating. stuart: that is, we'll see. only time will tell, brian, whether he answers questions. >> are we betting, stuart? are we betting? do a gentleman's bet? stuart: one of the few vices i do not have is gambling, you know that. i was the guy who used to go to las vegas take a speech, and leave, taking more money away when i had in the first place because i don't gamble. i'm drolling on. what do you think about him attacking the unvaccinated. will we get that? >> i despise it. i really despise it.

i have to credit the vice president she had a opportunity with margaret brennan with cbs to say the same thing. she said i'm into the here, i'm not here to blame anybody this is not a blame thing. we're in this together that is the attitude. you saw the cut from donald trump with bill o'reilly the other night. he was saying too, take the vaccine. you make your own decision but i got the vaccine and i got beasted. boosted. that is the american attitude. if i got medical advice i don't go to my councilman. i go to medical people, at least with a stethoscope, willing to buy one. i say, what do you hear? that is what he should be urging. go see the doctor, the medical professional you trust. i'm convinced you will end up getting vaccination if you go to a medical doctor, because the vaccine is effective. are they overstating effectiveness of it? are they not quantifying the breakthroughs? yes. there is a huge problem with that. seeing with a lot of these

studies, no longer taking a study at face value. i want to know the science. i want to know where it came from. i will take the time to read the study because i don't trust anything these people are spouting out at us. but i would trust my doctor to say this is what i'm seeing with my patients. for example, i'm seeing reports that moderna on younger people in europe is not recommended from 18 to 30. wait a second. what is that about? why are we not hearing this? little things like that we have to go seek out but doctors would know because they're reading the journals. stuart: have you been outside in new york city yesterday or today? >> yes. stuart: i'm sure you have. have you seen the lines around the block for the test? have you seen the empty street outside here, sixth avenue? new york city seems to be emptying out except attesting centers which are lining up for hours. >> i know you have a break. if you need to travel europe, denmark, which is europe, somewhere in australia, i get it. if you feel fine, you've done

this gotten vaccine why are you getting on line? you're going to see the other people, if you feel as though that person is going to cancer treatment, compromised, diabetes, keep your distance, adjust your life-style but why are people begging to test positive? the nfl changed their strategy. they said don't get tested if you don't need it. i'm for that. that is my lifestyle. i will wear eye black, do what the nfl does. stuart: we hit the hard break. great stuff, brian. have a break. merry christmas to you. >> same to you, stuart. stuart: sean duffy, attorney general of arizona mark brnovich, john schneider. the president in a few hours will address his plan to tackle omicron. i expect of what we've already seen, expanding vaccine capacity and testing. will he attack the unvaccinated? that is "my take" next.

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>> as long as doctor fauci is a mouthpiece for the administration, america will say we need a second opinion. >> it is a fairly mild strain. >> this is the beginning of a bull market. high inflation environment

makes it more important. everything happening is a blessing in disguise. the market can't see it yet. >> menchin is being a terrific senator representing the interest of his group. the white house will simply not accept the fact that the public hates this bill. they are tone deaf. these are the worst political people i have ever seen. ♪♪ stuart: 11:00 eastern time, tuesday these ever 21, the first day of winter, feels like it too. check the markets, good rally going on, the dow is down 400, yesterday up 300 as we speak and the nasdaq back to an 89 point gain. the tenure treasury yield at one.48%. in a few hours the president addresses the nation.

don't expect questions. it's the outlining of the president and his plan to tackle omicron. a test of his leadership. two days after the build back better debacle, and he knows what he's doing. and and make sure they don't run short of supplies. the government will buy 500 rapid trysts, expand vaccination capacity. this is not a new direction but what we've already seen. there is something else that may be returning today, that is singling out the unvaccinated. a few days ago the president warned the unvaccinated would overwhelm hospitals. in this winter of illness and death. this is the first day of winter. it's been two years and the

word covid 19 first appeared. many of us have covid fatigue, fed up with it. the president has to break through that. biden suggested trump bungle but covid response. now he has to show the country he can rally us right before christmas was that the tough job because we are fed up with it. third hour of varney starts right now. the president is battling omicron and his approval rating is down to 41% in an npr survey. the latest npr poll, 55% disapprove of the president's job performance. sean duffy, you were in politics, you know about polls and being on the downside. how can you recover on a loss like that?

>> i was never that bad when i was in congress. this is very rough. here's what i think the american people recognize. covid and omicron are spreading, do they blame president biden? i don't think so. what is happening with the economy, safety, inflation, those things the president could change course on and go a different direction and focus on kitchen table issues that may people's lives better and he's responsible for those things. continues to borrow and print and spend, the das and the mayors who are different defund the police and the criminals and victims, he's not going to get out of the doldrums. republicans will join them and the squat and a lot of democrats will join them.

every american, they don't care about politics. they care about the country. let's get the country moving and put politics second and for the 2024 election second in the midterm second. let's get of america roaring again, and if president biden is going to republicans and say -- stuart: get the schools roaring again. there has been any a 2% increase in school closures compared to last week. many colleges going to remote for the winter semester. you are the father of 9, big family. how much do these kids lose when they go on remote? >> if you get one or 2 kids that is tough because the parents and teachers, one parent can't go back to work, one parent can but if you have more than two kids utep on your internet and your computers and parent running back and forth trying to be instructor whether you are in kindergarten, third

grade, it is really hard. the standard is dropped because teachers know they can't learn as much. our kids are falling behind and let's talk about how many kids are infected with covid or omicron, how many kids are hospitalized or dying which means shutdown schools? don't think you will see the numbers, reflecting at homeschooling. that has so many parents frustrated. follow the science and the kids aren't getting sick put them back in school and get them learning. stuart: get them out of those masks and let them talk to each other and converse, let them learn. we had an example, my colleague lauren, one of her children has to wear a mask all day long, they get a mask break very briefly by putting the kid without the mask in a closet.

that is how they get a mask break. >> my second-grader went to the dentist and made him put on a mask and out of the dentist doesn't want to take it off. she loves the mask. how psychotic is it for kids to feel more comfortable wearing a mask and shielding their smile and expression as opposed to sharing that with the world? we will see long-term effects of this on the learning side and the social side and this isn't science i don't think. this is kabuki theater. stuart: i've got to move on but you are dead right. you will have a chance to win sean's new book all-american christmas, stick around. it is the prize for the first person to get the critter be a question right. hundreds of entries, we will do it again today. president biden has a new dog in the white house. it will be joined by a cat in january.

jackie, the new family member, not a surprise. what did jen psaki say about pets in the white house. >> let's listen to jen psaki in her own words and i will elaborate. >> we are waiting for bad news day for that to come out. if you see a tail wagging coming out of the briefing room you will know something bad is about to happen. >> the bad news is the former dog major is leaving the white house. he is going to live with family, the dog had some incidents with biting. a german shepherd, siberian husky when i was little bit people and my parents said he went to live at a farm. the new dog is commander, the president announced his arrival by sweet and has a gift for family for the holidays. stuart: analysis on a bad news day. the markets, i noticed the dow

is up 400 so it is canceled out yesterday's 400 point loss. mike murphy, the man himself. i was going to ask you the same question i asked everybody else last couple days. is the bull market over? >> absolutely not. next question. not by a long shot. we have these pull backs that are opportunities. we are with a couple percentage points and their earnings coming out support the market at these levels. unequivocally i can't say strong enough the bull market is not over. stuart: do you buy the dip? monday's dip was a big dip? did you buy and what did you buy? >> as i have been preaching i am looking at the buying from

an overall market, money that went to work on friday and monday was in the s&p 500, 500 largest companies. stuart: i want you are stocking suffer stocks, something we can buy this holiday season that will be a solid stock to keep and hold next year. what have you got? >> it is a big pop this morning after strong earnings and it is still trading off of recent highs. even though it is a big today over 5% it is a great opportunity to buy the stock and hold the stock for the long-term. you have so many reasons to buy nike. one of them is the macro tailwind. it used to be cool to have $400 leather italian shoes coming out of school to have $400 nike goods. not only the kids but television and everywhere, sneakers are the new fashion statement and what nike is

doing, sneaker company and apparel company, but a tech company, so many things nike can do going forward, if someone wants to buy a company the next two years, nike is as good as any. stuart: we will take it. see you again soon. shows on broadway closing because of covid. one musician not letting the virus slow him down, he played for thousands of fans in new york's biggest venue. migrants jump off of the boat and run on to the beach, this happened in florida where illegal immigration is surging right now. here is an op-ed in the journal. smash and grab question mark? don't come to arizona. we take retail theft seriously. the attorney general of arizona wrote that and joins me after this. ♪♪

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conditions in the countries from which they are fleeing. it is happening in florida practically once a week, sometimes more. a boat comes close to shore full of illegal migrants. it happened on this very beach on sunday. that is one of two boat landings that way all in front of beach boaters around fort lauderdale was a boat pulled up to the shore, nine boaters jump into the surf with their bag, didn't get far before being taken into custody. these were said to be jamaican and colombiaand. in jupiter, same thing, 26 men and women starling beachgoers and now in custody to be sent back where they came from. often paid off human smugglers, many boats live desperate people crossing the florida straits into the keys or the state's east coast are spotted and interdicted at sea by the coast guard. a surge in this migration flow, asians fleeing gangs

lawlessness and kidnappings in a country and chaos, when experts say cubans have their own reasons to head north. >> the pandemic, the economy, social unrest, lack of human rights, people wanting a better future. >> reporter: post -- coast guard numbers show introductions are up 16%, last fiscal year, 8:38, before that, 39 after wet food drive and ended. before that happened it was nearly 1500. it is unknown how many migrants end up drowning out at sea. not as easy as waiting across the rio grande into texas was whether can turn into instant waves that can toss you overboard and in the atlantic there are an abundance of sharks. stuart: there are indeed. border patrol agents arrested a

potential terrorists, that is their words, from saudi arabia. arrested him at the southern border in arizona. mister attorney general, what that person's connection to terror. >> there is limited information out there right now, but the reality is this is not the first person apprehended from the middle east. we've had people on the terror watch list apprehended this year and individual countries in the middle east wearing first responder uniforms, coming into the desert in the middle of the night and you've got to ask yourself when we have millions of people illegally entering just this year what are these folks coming from the middle east, what are there intentions? that is why we always said border security is national security and i've done everything i can to be on the

forefront of filing lawsuits to force -- force the biden demonstration to make sure we build the wall, and forced existing law and people who have deportation orders and secure the border because we are all dealing with the pandemic and there is an epidemic of drugs coming into the country as well. this is not just people from middle eastern countries and the terror watch list but this is also about the flow of fentanyl and methamphetamines and throughout the country. stuart: mister attorney general, am i right in saying you don't want any mandates in your state whether it is masks or vaccines and you are trying to get rid of any and all mandates in arizona? is that accurate? >> i have filed several lawsuits because i am pro-constitution and the constitution can't be distanced, masked or canceled. that is what we have seen the biden administration doing so many times, constitutional rights, no president, republican or democrat, has the authority to tell anyone they

have to inject anything into their body. it is clearly unconstitutional. stuart: you hope to win? you expect to win? >> always hope for the best, the constitution does not give any president the authority, it is a boneheaded idea that is unconstitutional. the courts should be on our side. stuart: smash and grab, soft on crime, retail theft seriously, smash and grab in arizona. >> we have an organized retail theft task force, and united states attorney, one of the reasons for seat social compact, we have to have rule of law, whether it is the law at the southern border or

unconstitutional mandates or left-wing prosecutors undermining police department or not prosecuting crimes, when you incentivize and criminalize activity you get more of it ended liberal cities like san francisco, cook county, illinois, you are seeing more and more property crimes because they defunded the police department and will not prosecute those crimes. it is important we have folks that understand the need for the rule of law and their property rights are essential to political freedom and economic prosperity. stuart: real fast, mister attorney general, do you think arizona has become a more conservative state, talking politically now, more conservative politically in the last year? >> i don't know. i grew up in arizona and we always had that strong spirit of rugged individualism and healthy distrust. we remind people states created the federal government and the federal government didn't create the state. i'm carrying on the long arizona tradition of pushing back against federal overreach

and making sure we uphold the constitution, that is something in our dna for folks in arizona. stuart: thanks for joining us, hope to see you again soon. we keep you in touch with the expanding pandemic and caseload, a 20% increase in new covid cases in the last 14 days. are all these new cases, crime? >> not all of them but 73% as of last week are omicron so it is spreading rapidly as we were warned about this and it has increased 6fold as of november, delta was a primary variant, 95% of cases where delta. moderna is saying it will work on an omicron booster, my question is you got the regular booster and are fully

vaccinated, now you get an omicron booster, how many shops do you have to take? stuart: we don't know. that is up in the air. there is, what do you think of this? there may be a positive side. if omicron sweeps through rapidly and look like it is going through rapidly and is relatively not severe, mild, isn't that good news? we could see the other side of it. >> i think it is, doctors like doctor marty macarrie are thing to a certain extent this is director the healthy population before we can eradicate it was all we did was slowing the curve and whatever we had to do in the beginning but all we did was prolong everything that is happening here and that is why you're dealing with issues a lockdown two years into a pandemic. anyone and the president will deal with this afternoon at 10:30 eastern time. remember the let's go brandon chand? remember how it started? watch this. >> such an unbelievable moment. >> brandon, you also told me you hear the chand from the

crowd. let's go brandon. stuart: or something like that. the nascar driver who accidentally inspired the chand is speaking out, we will tell you what he is saying, spiderman no way home has the second biggest box office opening ever. young people want to see movies. how do you get everybody else to go back? hollywood star john schneider after this. ♪♪ ♪♪ ♪♪

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rocking around the christmas tree ♪♪ have a happy holiday ♪♪ stuart: you are looking at the all-american christmas tree, fox square right outside studios today. if you're in new york take a picture in front of the tree and send it to us, varneyviewers@fox.com. check those markets please. we estimate rebound mode. the dow is up 368, the nasdaq up 133.

pfizer and merck are both down sharply. what is the story? >> i'm surprised stocks are down. they will likely approve covid drugs as soon as this week according to many reports. these two will be the first at home covid treatments approved by the fda, necessary timing with concerns over the omicron spread with chip stocks that were flying, they pare back these games and this is after a huge quarter of growth in data center chips the power of the cloud and company it spending and chip shortages, wells fargo, a top pick for next year, ubs as nvidia is the topic for 2022. as for the dow, nike, boeing power the 400 point rally and mikey put in strong numbers,

north america is great, one of the highest and fastest-growing growth regions across the world for them. other factors are back to 80% capacity helping nike out in china but analysts basically hiking target prices this morning except for jpmorgan, that is the bullish -- what you are seeing now. stuart: our next guest reopened the drive in movie theater in louisiana. you know this. actor john schneider joins me now. >> good morning. stuart: i would like to know who goes to see movies at a drive-in? i suspect youngsters and those are the people who go to movies these days as opposed to older folks. >> it is youngsters because they never experienced a drive in but their parents, people my age and a little younger remember drive ins and that is

one of the things that flourished when the country started to shutdown. all the amc theaters, all the theater james shutdown and many of them did not survive. however drive-ins did well, ones that were in existence did great, ones that had been abandoned were purchased and renewed and they are doing well. hours was torn down by hurricane ida. we are in the process, we have a huge temporary blowup screen we use. we are in the process of building a new permanent screen. my version of permanent and hurricane's version of permanent may be two things. we will take advantage of that and it did well for us last year and i think hollywood doesn't realize, spiderman had the best opening weekend ever, but what hollywood doesn't realize is when all the theater

chains close down all of those revenue streams were basically abandoned. at the same time hollywood stopped making movies because they had strict rules with regard to people not being on camera together, with regard to how movies were made and covid testing and all this kind of stuff that basically shut hollywood down so the machine that made it shutdown and the distribution platforms all shutdown so now such a time for someone like myself and my wife to not only have our drive in but make independent films. tyrus and dion, i'm autographing these. we sell 1000 units of these two movies a day so hollywood's abandonment of the audience has

been a godsend for us but we had to have something to sell so we made these two movies during the last two years and it is the best thing we have ever done. stuart: i think of you as a conservative. >> absolutely. stuart: i know you are conservative. have you ever lost business, lost a role because you are conservative? >> i think you don't really lose a role, you're just not looked at, not considered for something but i really did brush the dust of hollywood off my feet in 2011 and i like to say you can't cancel me, i quit. i have been doing really well. my wife and i, independent filmmakers, musicians, i don't believe in complaining about a system you still currently use. if you're going to complain about the powers that be in

hollywood what you really need to have already done is pick up your shovel and bucket and leave the sandbox and start your own. in my world that sandbox is johnschneiderstudios.com. if i have another couple seconds here i have some research that says young people would really rather go either to a drive in or would rather watch a movie on their phone or their tablet or, i am on the side of the road by the way, on their -- in their home movie theater. i think the conventional movie theater model we have done because it's gone by the wayside, sorry to say that because i love going to the movies, i love that experience but sadly i think with the current and next generation these last two years have thrown the baby and the

bathwater. stuart: a bit of time left. can i go back to the drive in? what is your pricing policy, do you charge per person or per car? >> you charge per car so if you charged per person it would be, we wouldn't be able to fit everybody and we also want to encourage families to come out, people to spend time together. that is what entertainment used to be and that is what we are trying. stuart: how much for a car? what is it? $20. $20 for car. stuart: take the family and you have a bargain. john schneider, there you go, case closed. you are great, thanks for joining us. >> donschneiderstudios.com. stuart: the new year's new rules just arrived, new york city, the numbers that light up

times square at midnight on new year's eve. this year, there might not be a crowded in person. we will tell you all about that. the mayor of chicago, $400 million into violence prevention, too little too late, shootings are up in every neighborhood, grady trouble has the report from chicago next. ♪♪ care. it has the power to change the way we see things. ♪♪ it inspires us to go further. ♪♪ it has our back. and goes out of its way to help.

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because he held a concert in new york, thousands packed madison square garden, one of them came 3000 miles from the uk to see the concert, down the street more broadway shows, canceled performances because of covid outbreaks, jagged little pill has closed forever, new york is going to decide whether or not to hold new year's eve celebrations in times square with people actually in times square. some cities are already canceled. >> la is going to put their celebration online so you can stream and watch it on your computer in your house and in new york city we are waiting with baited breath, everyone has to be vaccinated. there were new rules, now we are monitoring omicron and we will see what happens. two years a row with no when in times square. will be tough for the morale of

the city. stuart: even if they do allow people to go there we checked points where you have to show your covid passport and id. >> they will oppose a mask mandate as well. when shoulder to shoulder like that, shoulder to shoulder people screaming that kind of thing, something we have to guard against but we have to balance that with trying to live life. stuart: when will we get through this? thanks very much. the mayor of chicago is putting $400 million to fight crime in the city. grady trimble is on the negative% mario. what are they using the money for? don't tell me more police, in chicago? >> the mayor does once more law enforcement but from the federal government inform of atf agents. merely life it is spending $400 million on affordable housing, outreach, and

community develop and aimed at curbing crime in 15 of the city's most dangerous neighborhoods. >> investing people and places, stabilizes family and make neighborhoods vibrant and important and safe. >> critics say the plan just doesn't working, theft is up 20%, shootings at 9%, all of those crimes higher year over year. is worse in those particularly violent neighborhoods. the mayor is throwing taxpayer dollars at this program while not dealing with more immediate concerns like arise in smash and grab robberies on the city's magnificent mile, the mayor needs to come up with a new plan to deal with the smash and grab burglaries on michigan avenue in the long-standing problem of gun violence in chicago.

this comes after mayor lightfoot was criticized for saying retailers are not doing enough to stop those smash and grabs. stuart: thanks very much. i will give you a sense of the market because we turned north, the dow is up 500 points, and 3 quarters of the dow 30 are in the green soda rally has resumed and is solid. after years of working and waiting, nick adams just became an american citizen. he is the guy with a strong australian accent. he is going to join me with his legal immigration story next. ♪♪

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stuart: the nascar driver who inspired the let's go brandon shanta speaking out. what is he saying? >> he's making a statement, i understand millions of people are struggling and frustrated, struggling to get by and build a solid life for themselves and their families and wondering

why their government only seems to make it worse. people have a right to frustration. even anger. we all know now what let's go brandon means. stuart: he doesn't want to be political but in a way he is being political. he's sidestepping this but being slightly political. >> this administration had a year. they said they were going to fix it and here we are again. stuart: two years in. our next guest was born and raised in australia and -- i will use my normal accent. today he joins us as a newly minted american citizen. nick adams. welcome back to the show. congratulations. in your best australian accent take us through your american dream story. >> caught up with you. yesterday i cup as an australian and i went to bed as

an american. one of the best days of my life. i'm a little bit horse because in great australian tradition i was partying all night. wanted to be an american citizen for a long time, took me 12 years, it was a long journey, took me for a half years to get my green card. i got my extraordinary ability green card back in 2016. did my five years. the moment i was eligible i submit by application to become a citizen. sure enough 6 month later he we are. stuart: how come when you took the pledge how come that was on c-span? >> i guess it worked out for i was a friend of stuart varney. i've been on "varney and company" occasionally and i was the kind of person they wanted to cover. stuart: i want you to respond to the following question with an american accent if you can do it.

how do you feel about america? >> i love america. nothing better than america. stuart: that wasn't bad. >> give me a couple teams and i will be okay. stuart: can you do an english accent? >> absolutely i can. i can imitate you. stuart: go on. >> stuart varney here. i love you adams. i had him on here the last nine years. stuart: why did you go up an octave when imitating me? why did you do that in high voice? i don't have a high voice. >> all of us have flaws but when i hear your voice -- stuart: flattery is the mother's milk of television as i often say. can you do a scotch accent? >> scottish accent. i wish you prepared me. i would have practiced.

i must say i don't know. i have a few more drinks before i do that. stuart: 11:52 eastern time, not a good idea. where do you live by the way, you are in florida? >> yes, sir. stuart: why florida? >> freest state in the freest country in the world, beautiful place. i love it. reminds me a lot of where i grew up. great seafood and all that stuff. stuart: you run a company called flag. what does flag do? >> flag is the foundation for liberty and american greatness, wrote nonprofit dedicated to teaching civic center promoting patriotism and we do it three ways to classroom visits, creation and distribution of friendly resources relating to the founding documents and

professional development training for teachers where we teach teachers how to teach civics the way it used to be taught. stuart: you feel like this about america before you got here or did it grow on you after you got here? >> america was better than i imagined i have been upset with the united states from a very early age. my mother and father took me over as a 14-year-old to europe and showed me all around everywhere and our final stop was my mother country in your native land on westminster bridge and my father said to me different countries you have a good time. i said yes, dad but i would have preferred to have gone to america. stuart: before we close, is there one thing you don't like about america? >> don't like the latest example. >> it really is the worst and strangely, newark is one of the

better airports. you flown into newark, not too bad. >> not too shabby. stuart: that's right. congratulations, glad you joined the club. we are proud members of the american citizens club and a great club to be part of, see you again soon. that is me, in november of 2015. back to you on the left-hand side. got to go, thanks for being here, we will see you again soon and i promise. thanks very much. time for the tuesday trivia question. in which modern-day country was saint nicholas born? email your answer to varneyviewers@fox.com. you have a chance to win a signed copy of all-american christmas, the new book by sean duffy and rachel campos study,

the prize will go to the first correct answer we received but you've got to include your name and address. we have 250 emails in a matter of seconds yesterday. the answer after this. take of. 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. thanks. we'll see ya. ah, they're getting so smart. choose the app that fits your investing style. . . .

stuart: all right, question, in which modern day country was st. nicholas born. you want to do a quick guess ? >> i said austria f you want the book don't go with my guess.

stuart: turkey. we have a winner. today's winner is john vereb, from indian, he will be receiving a signed company of the "all-american christmas." if you didn't want today, you have chances all week long. we have 200 emails coming at us in the first few seconds of the contest, amazing. time's up for me. neil. it's yours. neil: thank you, very, very much, stuart. we're following what is going on with the markets today, obviously rebounding, coming back off the worst levels here. the notion the administration will lay out guidelines to get through this, maybe get more people, you know, at least home tests, maybe half a billion of them out to the public in martie of weeks. that is easing some concerns that we were falling behind the curve on this, we might still be but the fact of the matter across the board, major markets and so-called recovery stocks are back in recovery mode.