dagen i know you've watched along the way as well and we are both incredibly grateful. dagen: i'm very grateful, but i think a mutual dedication to work, and remembering where we came from and remembering the ethic that was taught to us by our families. maria: absolutely. spot-on, dagen mcdowell, great to spend the day with you thanks so much have a great weekend, everybody. that'll do it for us, "varney" & company begins right now, here is david asman. david: good morning, maria, happy friday to you and happy friday to everyone. well, president trump is demanding the immediate release of warrant documents used in the raided mar-a-lago. so when will we see and what will we see that's the big question. why not the affidavit that actually led to the raid? we've got legal experts to help figure all this out and a new fox poll showing inflation is still by far the most important issue to voters and in the mid-terms, so why is the white house trying to take a victory lap by saying biden's economic agenda is working, and

we have zero inflation while we still have near-record inflation let's check the markets. all indices are on pace for another positive week, that's good news. the dow 155 points to the plus, s&p is up 23 to the plus side, and nasdaq 85 to the plus side in pre-market activity. well the cdc easing covid guidelines admitting that we need to learn to live with the virus, of course everybody has known that for a long time. we'll tell you about the big changes and take a look at this las vegas hit with another round of torrential rains and flash flooding. the flooding causing major power outages across the city. we have the details, we have a big show for you congressman byron donalds, general jack keane, congressman michael waltz , and sandra smith, it is friday, august 12, 2022. "varney" & company is about to begin.

>> hi, stuart it's dianne from "the rocking" tv ranch in nevada and i watch "varney" & company everyday and i'm sure our cattle would too if they could. you're all right ♪ i knew you were trouble when you walked in ♪ david: all righty, it doesn't tell you who this is, there it is it's taylor. oh, okay, i've got it. well the justice department has broken its silence about the raid on president trump's mar-a-lago home. president trump has responded, ashley webster is pretty near ground zero in palm beach for details. take us through it, ashley. ashley: yeah, good morning to you, david. well, donald trump says absolutely go ahead and release the fbi search warrant. we just don't know when.

it's now up to district judge bruce reinhart to unseal the warrant, david, but the judy miller says yes, donald trump says yes, so there's no reason why he wouldn't. we just don't know when, but we do know it will only be the cover sheet of the warrant, plus, probably an itemized list of those documents and those things taken from mar-a-lago here on monday, so in other words, that list may say 12 boxes of documents but we'll have no idea what those document s actually are related to. the actual nuts and bolts of the feds case will be contained in that affidavit and that will likely remain sealed and that's the heart of what the feds have been investigating. there are reports and they have been going on now since late last night that the fbi made its unprecedented move because they were looking for some documents related to nuclear weapons. now the washington post says it's unclear whether those weapons were related to the united states or some other country, but donald trump

responded those allegations this morning with some pretty strong words. take a listen to this. donald trump saying nuclear weapons is a hoax. just like russia russia russia was a hoax, to impeachments were a hoax, and much more. same sleazy people involved. why wouldn't the fbi allow the inspection of areas of mar-a-lago with our lawyers or others present? made them wait outside in the heat. wouldn't let them get even close , said absolutely not, planting information, anyone? reminds me of christopher steele dossier so that's strong words from donald trump. meanwhile republican lawmakers continue to believe, they say, that the justice department used this raid as a political weapon. take a listen. >> the question to me that i have as a lawyer is where's the motion to compel before you take this extreme action to do this sensational type of raid to try to embarrass and humiliate

the president, yet again. i look at this as this raid is basically the fourth impeachment ashley: so, the big question, david, is were there classified documents hauled out of mar-a-lago here on monday? did some of them deal with very sensitive nuclear weapons issues we don't know. we're hoping at some point today that warrant will be unsealed but exactly how much of the really meaty details we'll get , we're really not too sure. back to you. david: ashley thank you very much for that. well greg jarrot is here and greg, we really want to see the affidavit that the fbi gave to the magistrate to allow the raid. that's where hanky panky went on in the past, right? >> yeah, merit garfunkle and, i guess, assumes most americans are completely stupid, and he's unscrupulous and in principled by standing in front of the american people saying i'm demanding now that the warrant

be released. he was very careful. he just said the warrant in the inventory list, the warrant is simply a boiler point form. doesn't tell you anything, neither does the inventory. it's a general description of, you know, a box this size. it doesn't tell you the contents of boxes and files. the meat of it is always in the affidavits in support of the probable cause. it tells you the reasons, the basis, the so-called evidence that the fbi and the doj has. garland wants to keep that concealed, and i surveillances he'll succeed. david: well we remember what happened with operation cross fire hurricane when we saw the affidavits, it led to actually a guilty plea by kevin klinesmith, the fbi attorney, who doctored some of the information that was given to a court that led to bugs in that case. >> yeah, forgive me if i just don't trust the fbi and the department of justice given

their track record of deception. you'll recall that the department of justice eventually said oh, yeah, two of the four warrants were completely lawless and invalid and in fact the fisa court when they discovered they had been lied to and a fraud perpetrated on that court banned any of the fbi officials involved from ever appearing before the court or filing any papers so my concern here, david, is that the magistrate, who by the way is not a federal judge, district court judge, he's hired by the district to do grunt work. he's not experienced but he could have easily been snookered i doubt very much if the fbi and the doj told him all of the background of the earlier subpoena and donald trump's compliance fully with that subpoena. i suspect that reinhart was deceived. david: do we have that sound bite from garland yesterday?

roll that, just the nut of what we heard from garland. roll tape. >> first, i personally approved the decision to seek a search warrant in this matter. second. the department does not take such decision lightly. where possibility is standard practice to seek less intrusive means as an alternative to a search and to narrowly scope any search that is undertaken. david: now, of course, garland did not say there what made it impossible to useless intrusive means. >> right. david: that's what the affidavit would tell us, correct? >> oh, absolutely it would, and you know, he undermined his own argument. he said it's standard practice to useless intrusive means. they use that standard practice in early june with a subpoena and it was complied with, so if you want more documents, issue yet another subpoena and a good judge, a district court judge

and there should have been one on something of this magnitude, would have said wait a minute, fbi and doj. why don't, if you want more documents, you succeeded before with a subpoena. do that now. no, that was just a pre-text by garland and christopher wray. they wanted to go into mar-a-lago, turn it up side down , ran sack it, in search of evidence of a crime. any crime. they're that desperate -- david: it's very simple, greg, we've got to run but they are trying to prevent him from running in 2024. that's at the bottom of all of this. greg jarot, great to see you terrific analysis. thank you very much. let's check the futures, they are all up right now. this is the fourth straight good week that we've had, nice change from the previous months. david bahnsen is here for the hour, david. looking to open with a modest rally is it time to get off off the sidelines and get back into the markets? >> it wasn't ever time to get on the sidelines because that timing in and out of it just doesn't work out for people

it doesn't work out for professionals. it doesn't work out for novices. it's very hard to do. the reason wyoming i'd be fully invested right now is for us we're dividend investors so we're always collecting dividend s, but i think you want to eliminate the risk of timing. the problem is, people are thinking that means to go back into the highly speculative stuff, the real overpriced things and some of the stocks were 70, 80, 90% we don't want to do back there. david: by the way, my marines son is all about, he's learning to invest because he's about to leave the marines going into the private sector he's gotten into a lot of dividend funds, these broad s&p funds is that the right place to go instead of picking particular stocks with good dividends? >> well since that's what we do for a living i'm the wrong guy to ask that because we actively manage but i think if one wants to go buy an index fund i rather they buy an index of dividend growing stocks than the whole s&p, but yeah, we really prefer to buy them individually but each investor has a different objective and situation. david: and again checking the

futures it looks like we're doing pretty well particularly in the nasdaq if we can go back to them. as we can see the dow is up 143 right now but nasdaq is up more than a half a percentage point up 76 in pre-market activity. coming up the administration accused of keeping the iran assassination threat of former national security advisor john bolton quiet in order to keep going with those nuclear talks. we'll bring you the details on that plus president biden is taking a victory lap over what he calls zero inflation. roll tape. >> i just want to say a number, zero. our economy had zero percent inflation in the month of july. david: congressman byron donald s is slamming the administration for that. he says the white house is " dilutional and doesn't understand economics." the congressman is joining me next. all my secrets away ♪

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savings in order to pay the extra money you have to do to shop for groceries and stuff. lauren? good to see you a lot of people are dipping into their savings to pay for basics. lauren: one-third of adults 36% to be exact say they withdrew an average of $617 from their savings between january and june , so in the first six months of the year, according to new york life. just to pay bills to get by. that's why we saw the savings rate fall from 8.7% december of 2021 to 5.1% this june. inflation in june, 9.1%. it has cooled to 8.5% in july, but the bottom line is dealing with inflation you save less, you spend more. david: it's not zero that's for darn sure. david come on back in. how do you see people dealing with inflation now? >> i think that the inflation is becoming very specific to different areas. people have to drive a lot are still dealing with energy inflation. gas prices have come down, but again, they're still elevated

from where they were before. it's housing price inflation i'm most curious about because i think those prices were way too high. i want house prices to come down , i think they were in a bit of a bubble, but i also think that the fed can actually control that. most of the inflation we've seen , i don't think there's much the fed can do about housing is a little different. david: by the way don't forget about rents because rents are still going up. that's what was shown in the consumer prices this week. >> that's right. david: david and lauren thank you very much. the latest fox poll showing the number one issue, by far, right now, for voters is inflation. look at that 41%. fox also found 54% of voters believing the republicans are better suited to handle the issue. congressman byron donalds republican from florida joins me right now so congressman the white house is trying to claim we have zero inflation, while americans say it is by far the number one issue still. >> look, first of all, nobody believes this white house, because they've been wrong on everything.

joe biden saying zero percent is a flat out joke. butter is up 26%, eggs are up 38 %. the price of electricity is up 15% year-over-year, so while the overall cpi number came down when you compare it to last month, the reason why it's coming down is mostly because of energy prices and that's because joe biden put us into a recession. this guy has no idea how an economy actually functions. that is why the american people are struggling, but it's not just joe biden. you have democrat members of the united states senate, they just voted for this monstrocity we're voting on later today that will increase prices on energy production, increase taxes on small business owners. these guys are out to lunch, have no clue and that's why the american people have had enough. david: by the way is the super- sizing of the irs is there any chance that can be stripped out of this bill or is that in there for good. >> from what we're hearing nancy pelosi isn't allowing amendments.

this bill deblasio not go through any committee in the house. she just threw it on the floor so once again and i want to be clear. if you're voting in pennsylvania , new hampshire, georgia, colorado, arizona, or nevada, you have democrat senators that did not want to protect you from the irs. they're perfectly fine with people making $80,000 a year, being auditedded by 87,000 new irs agents. david: it hits the middle class no doubt about it but let's switch to the raid of donald trump's mar-a-lago house. take a look at the headline from the new york times. "garland faces growing pressure as january 6 investigation widen s, as recently as late last year, mr. biden confined to his inner circle. he believed former president donald trump was a threat to democracy and should be prosecuted." is that what is behind all of this? they didn't get enough info from the january 6 hearing so they are going for a raid? >> listen, this has been the concern of congressional republicans this entire time, as you have members of the

department of justice, the fbi, we already know how ridiculous this january 6 committee is, and they have picked their target as donald trump and it is a matter by hook or by crook, they are going to do anything possible to try to get their man. this is atrocious for a constitutional repun lick. we should not be targeting using pieces of our government to target citizens let alone a former president. david: and their fellow members of congress, republican, one republican congressman had his cell phone just grabbed by an fbi agent on the street. i mean, there seems to be an effort to actually go so hard that you maybe violating the fourth amendment in terms of illegal search and seizure of information. >> look, i totally agree but let's also be very clear. the democrats don't care about the fourth amendment. they don't care about due process or fifth amendment. their only concern was what they

have been after this entire time , they will not stop but i want the american people to understand something. if you're truly concerned about saving the soul of america what we cannot have are agencies against citizens of our country. people have due process rights. the former president of the united states, he has due process rights. if they wanted documents they could have simply subpoenaed the documents. they don't talk about how they were in negotiation with the president's lawyers, and look, listen, donald trump is absolutely right. he put out a statement last night basically saying release it, go ahead, because there's nothing to see here. it's all politics, and it's all this stuff we've been seeing from the democrats for quite sometime. david: we would like to see the affidavit that led to the raid. that is likely to have more specific information about whether the fbi was doing sort of a fishing net expedition to find anything they could, but unfortunately, we won't see the affidavit. congressman, thank you for being here. have a great weekend, appreciate

it. >> thanks. david: let's check the futures they are up once again looks like we'll have another good trading day in the markets and that is good for your money. the opening bell is next. made in america ♪

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david: futures are up and that's good news. mark mahaney is here, let's focus on tech because that's doing best in pre-market activity right now and it has been largely as fears about inflation, but easing a little bit. what are your top big tech picks >> well, i continue to like amazon, meta, booking, and uber, and the way you set it up, david is right. if you're a tech analyst you're an inflation analyst so if inflation continues to moderate a think growth equities can do well but this could change on a month basis just as it has the last couple months if inflation gets worse again, for structural reasons or one-time shocks you'll get a hit to growth equities but

anyway our top picks working our way through, amazon, meta, uber, and booking. david: wow uber is doing pretty well. are you surprised that uber managed to get out of a ditch that it seemed to be in a few months ago? >> i think the ditch, what i'm most worried about with uber is the delivery side of the best the restaurant delivery and convenience store delivery if we go into a deeper recession that's consumer discretionary spend. that part of the business could be negatively impacted, but we're through the worst for the mobility business. that business was cut at the knees back two years ago during the covid crisis as people are going out socializing more, they have gone back to the airports, back in the office that mobility business recovered nicely and now you got a free cash flow inflection story on uber for the first time ever this company is generating free cash flow and i think it will continue to do that. there's a lot more to this stock i like uber here. david: yeah, by the way you're

not buying into the administration's claim that we have zero inflation right now , are you? >> i think the numbers 8.5% so i think that's the cpi number but what the markets going to do , david, we're looking at the derivative so if it gets a little bit better, stocks go up if it gets a little bit worse, stocks go down, so that's what we're focused on is the rate of change. david: are investors still have a very itchy trigger finger either way? is that what you're saying? >> i think so. i also think though for a lot of investors, i don't think they thought back in on this market yet. we had a buyer strike for growth in tech equities and the first half of this year for good reasons. we had inflation risks, rising recession risks, you did not want to be in tech in growth equities. you need to be super cautious. i don't think people are putting their toes in the water, nobody is jumping back into the growth equities tech equities pool yet. david: mark the bells are ring ing for you over the weekend i hear you're getting married

right? >> thank you, david. thank you. david: congratulations. that's on sunday? >> yes, that's right. thank you very much, david. david: well i've had 33 years at it and it works, if you work at it it works so good luck to you, and have a wonderful wonderful -- >> thank you. >> [opening bell ringing. >> dean: i guess you won't be back on monday. the opening bell is ringing and again it looks like we are going to be opening with a lot of green on the screen. all of the indices are up in a very healthy way it seems, and look at this. all green right now, so far no red, that may change but it looks like we're doing pretty well. the big board, do we have the big board number yet? let's see. we are looking at, do we have the dow up yet? no? okay, well, the s&p, do we have those numbers up? there we go. dow jones is up 120. the s&p is up about 20 right now , about a half a percentage

point gain on both the s&p and the dow, and if we turn to the nasdaq, we see a very healthy gain, 81 points on the nasdaq. that's .64% to the plus side. let's take a look at all the big tech. you can see apple up about 1.5 bucks right now, amazon is up about a buck, meta is up about three, alphabet is up about 1.5 and microsoft is up as well. stuart will be glad about that. rivian motor automotive, you have information about that, lauren? why is the stock, it was, we were expecting a rise there. it's down about 2.5% now what's going on? lauren: they say they are going to meet their delivery goals for the year but it costs a lot more to do so, so good news and bad news. they want to produce 25,000 rivian by the end of the year. lithium prices are soaring. one example of the inflation that they face, they are going to ship their cars and vehicles by rail.

it's cheaper than doing so by truck. the bad news is their net loss nearly tripled to $1.7 billion in the quarter. we know they're cutting about 6% of their staff because they don't want to tap the capital markets for money. they don't feel confident doing that, so, you know, not to mention the federal tax credits don't really apply to rivian so i think those reasons are why the stock is down 2.5. david: johnson & johnson no more talc-based powder, of course they have been stopping domestically. lauren: for the past two years they do not sell baby powder that is talc-based in north america. next year they aren't going to sell it anywhere. they are dealing with 38,000 consumer safety lawsuits over alleged asbestos, a carcinogen in the product and they are transitioning to acorn starch baby powder in the meantime. david: illumina, was down in pre-market activity. down about 10%. what's going on? lauren: this is a gene sequencing company they cut their earnings guidance for the year. they expect revenue to grow

let's say 4% down from the previous forecast of 14%, so they took that down in a big way they are blaming the macro environment, fine, but they also see potential fines and penalt ies from europe associated with the way they handle handled a merger with a cancer drug company. david: by the way, lauren before we go on i want to ask david about illumina. is this a canary in the coal mine? >> look i think all of these biotech and pharma companies have their own situations so it's very hard to look at monolithic. i was looking the other day because i thought the bill the senate passed be really damaging to pharma, and a lot of companies were down from it. they are going to negotiate prices of medicare and a lot were up so you have to look at these case-by-case. david: you gotta do your homework. let's look to a boston-based company called "toast." what do they do and what's behind the surge it's up almost 17%. lauren: they are not toast. so this is like a digital platform for restaurants. it helps them with their mobile ordering, digital menus, they

did everything right. they boosted their revenue and earnings outlook for the year. still reported a loss, but it was narrower. revenue over 58% and the number of restaurants using toast up 40 % at 68,000. david: good for them. lauren: toast comes in handy. david: yeah a good stock to own lauren thank you very much. david ursino you are our dividend guy. my son goes for a whole bunch of stocks in one basket. let's start with intel by the way? >> i went into a couple old tech names today, because its been a while and these are the most out of favor of all of the things we own. we have all this energy stuff done so well this year. intel has really struggled. now it hasn't struggled as much as the other chipmakers but it's down about 30% and we love that entry point where you look, you have a dividend yield in the mid -threes and they are reinventing around some of this manufacturing, onshoring chip production. david: they have that chips

bill to support their back. >> i don't think it affects them as much as other companies but it helps them. i don't like the bill very much, but it is for intel; however, i think that this chip manufacturing onshore is going to be a great growth story, one, two, three years out. takes a while to get online and the market is punished intel, i mean it's trading at a very low pe ratio so i think it's going to be a story. david: by the way if china invades taiwan which produces so many chips of its own does that help out intel and other chip manufactures outside of taiwan? >> it obviously would, especially if by then ohio and arizona are online, so there's a national security story there as well. david: cisco. what's happening there? >> cisco is a great company still growing free cash flow and yet down on the year with a 4% dividend yield and you have a really really neat reinvention where they are getting more recurring revenue. a subscription model and their software services that supplements that old network and router business, so they are

just, i think, great old tech story that is well positioned for new economy. david: let's pullback and look at the big board if we can. the dow is up about 150 right now, all of the indices are up. they've been so in pre-market activity. they are holding steady at about that level now, about a half a percentage point. take a look at the dow winners, you can see them on the board we got walt disney, merck -- lauren: this is the second day doing really well. david: mcdonald's interesting to see them winning today, verizon as well. the s&p winners, pfizer, we were just talking about them. we have a whole bunch. lauren: oracle is on there. david: oracle as well so it looks good and finally, we have the nasdaq. paypal. elon musk's company originally. well, they are all doing pretty well on nasdaq as well. the 10 year if we can check the 10-year yield it is down 4.6 basis points, down the yield is

now 2.84. gold up a little bit, up about four bucks right now to 1,811 and bitcoin is down about 455 bucks still trading well over $20,000 at $23, 700. oil is down a couple of ticks down about 2.5% to $92 a barrel, and natural gas is down as well. the average price for a gallon of regular, by the way, is there 3.97. yes it's below $4 and of course in california it's at $5.37. your hometown of california there. all right, coming up the cdc loosening coronavirus guidance but did the cdc's rulebook ever reduce covid rates? karol markowicz doesn't seem to think so. she's going to be joining me next hour, plus, districts across the nation are trying to hire more teachers. there are over 300,000 openings. so how is florida trying to

solve the shortage? well, we're going to bring you the details coming up and then there is this. the white house has lower gas prices saying they are the reason why gas prices are going down, but will prices go back up and what do they say then? i'm going to be asking stephen schork, next.

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david: check the markets and they are still up although they've, it looks like they topped out a little bit. nasdaq is up about three-quarter s of a percent. they're doing best of all of the indices. s&p and dow jones hanging up about a half a percentage point. well the price of gas, now, at $ 3.97 nationwide, that's almost $0.70 down in a month, but now we are learning that there have been a number of pipeline

outages. gerri willis has that story. gerri was there a leak? gerri: yeah, actually there was a leak. two pipelines have been shutdown , and six oil & gas fields so a major disruption to oil production in this country, all centered around the gulf of mexico, and how did this start? well it was a leak of the louisiana booster platform, booster station, that is, and it's exactly what it sounds like it's a place where they took the oil under pressure so it will scoot along the pipelines. now i should tell you right away , shell is saying this is going to get fixed and soon possibly as early as today, but in the balance hangs american wallets because that will push prices higher, if it isn't fixed right away. now i want to dig into the details with this so let's put up that map so you can see exactly where this is happening. shell, yesterday, shutting down two pipelines, mars and amber jack and then three oil fields, mars, and olympus, so a

big shutdown in production they are not the only company doing this. we also have chevron shutting down three oil fields as well, so big changes there. i'm told that this could be as much as one-third of production across the country, so big disruptions and i have to tell you that this comes at a bad time, right? because our inventories are super slim and that means we're going to draw those down even further. you'll remember biden bringing down those inventories to 37- year lows. now let's take a look at gas prices right now, right here at the station we're standing at the bp in heartsdale, the average is 4.19 but as you know its dropped below $4 a share across the country. those numbers overnight from triple a, regular unleaded at $ 3.97. yesterday it was 3.99 so we've really established ourselves below the $4 mark, but remember, last year it was $3.18, so we're

well-above last year levels. now, the big question, what will happen to gas prices? well if this situation persists, we're going to see those gas prices go higher, and certainly, inventories will play a role. they are 5% lower than the five- year national average. david back to you. david: gerri thank you very much well the white house of course is taking a victory lap on falling gas prices. they say "the average national gas price dropped below $4 a gallon with over $1 drop in just 58 days. this is the fastest decline in gas prices in over a decade and they claim it's because of their policies, because gas prices are still up as gerri was saying almost $0.80 from a year ago. stephen schork joins me now, so stephen where are prices going from here? >> well, you know, david, unless the administration has built a new oil refinery over the past month that i'm not aware of, it's pretty egregious

that they are claiming victory that they're the ones responsible for lowering gasoline prices. clearly, what has lowered gasoline prices is the lack of demand. we had tremendous demand destruction so now we know what the pain point is. it used to be $3.60 or $3.70 at the pump before you started to see consumers bauk at those prices with the advent of substitutes in the market, electric vehicle, changing work patterns working from home that pain point moved higher so clearly high four, low $5 is now that pain point, so when you look at demand, now gasoline demand is very volatile, so we smooth it out and take a three- week moving average and when we look that demand destruction we're 450,000-barrel s a day lower year-over-year and we're 200,00r below normal seasonally adjusted, so to answer your question, where do we go here? we're about to transition into the fall which we start to transition into winter-grade gasoline. that is cheaper to manufacture,

so from that standpoint, prices will move lower, because we're putting cheaper product on to the market, but the big concern now is that there was a massive disconnect between the physical price of gasoline in new york harbor and the futures market. futures market are well-below where the physical market is trading, and this makes sense, because the physical market in new york harbor and i want to reiterate, this is the delivery point of the nymex contract so those two prices must converge at delivery, where the low because these supplies in new york harbor are at near-record lows, so still a situation where yes, we will get a reprieve in price, because we transition to a cheaper gasoline, but we're still looking at very low supplies, will help keep energy prices elevated heading into the winter. david: stephen i have to ask for a very quick answer on this but goldman sachs is predicting now that we're going to have $5 a gallon gas again

before the end of the year. are they on target or not? >> i do believe. i'm normally become the lagger heads with goldman, they are great analysts over there, and this time around, i'm on board. i do think that we have not addressed the global imbalance between supply and demand so i do see oil prices higher. david: there may be some crow eating from the white house if in fact that happens stephen schork good to see you. coming up donald trump signed a law back in 2018 that made the mishandling of classified information a felony. could that come back to haunt him? brett tolman will join me later to take that on and los angeles is looking to hotels to solve the homeless crisis. they want to house homeless next door to paying customers and force hotels to do it. kelly o'grady has that report, coming up next.

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david: the hotels in los angeles may soon be forced to house the homeless next to paying guests, and now the hotel industry as you can imagine is pushing back. kelly o'grady has the report, so how is this going to work out,

kelly? reporter: good to see you, david so basically the ordinance would force hotels to report their available rooms after 2:00 p.m. each day and then issue nightly vouchers at a fair market-rate, who pays for this and how that rates determined is still a mystery. now the ordinance stems from the growing homeless crisis in los angeles. the last count shows 41, 200 in the city alone but that was before covid. let's talk about the number of hotel owners and each emphasized their compassion but most are small business owners and frustrated the burden to solve the problem should fall on them and not the government and as the tourism industry seeks to recover from covid the fear is travelers would choose to stay outside the city, rather than risk exposing themselves or families to potentially dangerous situations. now, homeless suffer from addiction and mental health issues but many do and this program wouldn't even provide any food or wrap around care. instead, hotel employees may become the new social workers. >> what does this mean for the front desk clerk? what does this mean for the

housekeepers, for the entire staff of the hotel, where now suddenly they have to be trying to monitor this. there's nothing in the ordinance that talks about what would happen if there was damage to the rooms. reporter: and that impacts an owner's ability to get insurance for their hotel. the video you're seeing from damage done during similar programs. the pandemic saw the voluntary project room key where hotels opened their doors to the homeless but many cases owners tell us drugs were being dealt, the rooms were trashed. this going to hill the bat local in 2024 but the feel is it's an optic solution that doesn't help the homeless long term. david imagine you're a guest swimming in the pool behind me or a hotel manager. how do you tell someone that well you just got to pack up and leave after one night. david: and as you say, i mean, business owners are not social workers. it's not their job. it's that simple. all right, kelly, thank you very much. david, you are a california guy and a new york guy, because you love paying more taxes.

i know that's the reason, but bottom line is, i mean, there's so many cases recently where business owners are forced to either be cops, checking vaccine records or new, being social workers. it just doesn't make sense to me >> well and we were talking about how in upper west side they tried in new york city post -covid where there were hotels taking in homeless and it really converted whole neighborhoods. they were not equipped -- david: although in fairness that was a voluntary, they had these empty rooms, and they made a deal with the city government to fill the empty rooms, and this is forcing businesses, and i just can't, what it seems to me being they failed miserably to cure the homeless problem from a public policy point of view, and they're passing the buck to business owners. >> first of all they didn't even acknowledge the homeless problem was a problem. they almost looked at it as if there was something glamorous about it and they setup these tent encampments so until we first recognize that it's not

dignifying the human beings to be homeless and to stay in their drug abuse, mental illness and other economic and social problems you have to care about the human person enough to fix it but you don't fix it by blending it in an unsafe situation with other families and tourists and so forth. this policy idea is a disaster. david: you know, you probably weren't around when this happened but the way guiliani dealt with it when he was mayor and dealt with it extraordinarily well, sent a cop with a social worker to every homeless person they could find on the streets and said you have many options, go with the social worker, get food, get a job, whatever you need but you don't have the option of staying here. if you stay here, the policeman is going to escort you away. if you go with the social worker all is solved and the problem is essentially solved that way. david, great to see you for the hour thank you very much >> great to be here, david. david: appreciate it still ahead we got a lot coming up stay with us we'll be right back . is the planning effect.

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>> it is a green monday and the stocks are doing well today on this friday. happy friday, good morning. it is 10:00 eastern time. i am david in for stuart varney. let's get straight to your money. all the indexes are in positive territory, well in positive terror. it's a nice, easy rally going on and not a spectacular rally and looking solid and ten year yield

is down a bit and seems to be helping nasdaq a bit and at 2.86% right now. crude oil is down a little bit as well, down about $2.50 and a barrel at $92.16. bitcoin down to 23,730. we're trading in pretty good territory right now. we just got the latest read on consumer sentiment. what's the number like, lauren? lauren: the number is good and the market is coming down and positive but off the highs. the number for august, 55.1. much stronger than expected and up for the second month in a row. this is the index that is so correlated to gas prices. we've seen gas prices come down so this number goes up. it makes sense. what do consumers think of inflation 12 months ahead of time? see it up 5% and five year inflation is up 3.4%. that's an idea. david: thank you very much. back to ashley webster.

he's in palm beach, not far from ground zero where the trump raid took place. ash, what's the latest? ashley: yeah, david, we are continuing to wait to find out when florida magistrate judge bruce rinehart will go ahead and unseal the government's search warrant. we're not expecting a whole lot of detail and we'll get an inventory of what was taken from mar-a-lago behind me on monday, but not in great detail. maybe just the fact that they took boxes. we won't get a look, that's for sure, at the affidavit, which actually, you know, lays out the government's case. the details we should point out that persuaded that judge to go ahead and rubber stamp the search that took place here on monday. there are reports that the fbi moved on such a large scale because they believe some of the classified documents were related to nuclear weapons. we have no hard proof that that is indeed the case, but donald trump put out a statement

several hours ago making very strong reaction to that statement. he said "nuclear weapons issue is a hoax just like russia, russia, russia was a hoax. two impeachments were a hoax, and much more ". same sleazily people involved says trump. why wouldn't the fbi allow the lawyers and others present and made them wait outside in the heat and wouldn't let them get close and said absolutely not. planting information anyone? reminds me of a christopher steel dossier". that was donald trump. meantime a trump attorney who was here at mar-a-lago when the feds turned up early monday morning said, look, the justice department she believes had to come up with something to justify such a large scale operation. take a listen. >> they're not on solid ground so they had to come up with something that would potentially terrify the american public into

freely giving up their constitutional freedom. if we are on the verge of nuclear war and it violated the constitutional right. ashley: unsealing of the search warrant and not expecting significant details and it'll be a boilerplate document and we do not know what was taken out of mar-a-lago on monday and how sensitive some of the documents may be. we'll have to wait and find out. david: ashley, thank you very much. andy mccarthy joins me now, former federal prosecutor. yesterday we had ag garland come out and chastise people for criticizing the fbi. it was a short statement and didn't take any questions and less than five minutes or thereabout. of course we praise the fb and i recollects those who work hard in the fbi but we have to keep in mind what happened with the operation cross fire hurricane, when you had people like peter

struck, andy mccabe, lisa page, and kevin clinesmith who admitted, pled guilty to falsifying information that he gave to a judge to justify some of the spying that was going on. that's why we want to see the affidavit here. >> yeah, david, i noticed that he didn't include in his criticism the justice department's own inspector general who reports to the attorney general and who has written hundreds of pages of reports about recent years of fbi abuses of its power, including systematic abuse of its authority not just in connection with trump but virtually every place you look at where they exercise their national security authority, there were problems. so, you know, if the american people are concerned about the fbi as a institution, they are at one with not only the justice department's own spector general, but a lot of former fbi agents that look at their former

agency and a lot of former justice department people like me who look at a institution they revered and are very concerned about it. david: andy, we know the way they operate. not only did they falsify information they were handing to judges but they used the media and floated all this junk with the media and the media ate it up like candy. it looks like now their doing the same idea that oh my goodness, donald trump had nuclear codes and he was -- i don't know, about to start world war iii. forgive me but i'm spect cal. it sounds like what they were doing with the cross fire hurricane. >> well, look, i think a big difference here is this is the criminal justice system and we'll get to see whether they made accurate representations or not but, look, if they're suddenly concerned about nuclear secrets, i wish they were as concerned about that with respect to iran as they are with trump, but at least it's the

right thing to be concerned about. but the other thing i would say is, you know, we keep hearing that the white house didn't know anything about this because biden in a constitutionally ill literally way claims like the justice department is this independent fourth branch of government he can't go near. that's wrong but even if what he's talking about is the law enforcement and justice department, this isn't law enforcement. this is national security and how does dieden conceivably -- biden conceivably not know about it? david: i don't know. we went back and looked at details of the codes involved here and essentially the reason why they're using this right now more than anything else, we know they don't want donald trump to run for politics again and there's a prevision in that code that says if you violate the act, you can never run for public office again. then you think of ways that

other people were dealt with this. hillary clinton, for goodness sakes, she bleached out information, confidential information was on her server and then sandy berger. i went back to a documentary i did in 2007 about sandy berger. he was the national security adviser caught stuffing documents at the archives into his socks and then dis-troying them later on. destroying them later on. here's what you had to say at the time about sandy berger. roll tape. >> i take no joy in saying this, because i'm an old justice department guy, and i admire the justice department greatly, but it's inexplicable the way this case was handled. >> how did they handle it? >> he ends up getting the sweet heart deal of all time. >> this is a felony in your mind? >> beyond question and probably more than one. david: berger got a sweetheart

deal and hillary clinton got off and what do you make about unequal justice? >> the unequal justice is what has people riled up. i appreciate that's a good looking couple of young guys there. there. david: well, you for one. you haven't aged. >> but look, what has people really angry in the country, i think, is the two-tiered justice system we had and for the attorney general to look them in the eye yesterday and say on my watch, we do justice without fear or favor and completely unbiased. we treat everyone the same. it's laughable. david: it is. >> it's a joke. it's not even -- we would spend the whole day itemizing how they don't do that and i think he insults people's intelligence by saying that kind of nonsense. david: andy mccarthy, great to see you, my friend. and you haven't aged since 2007. much revered. it's a good day for the market and for kenny to guide us through. kenny, inflation seems to be

cooling a little and administration thinks it's at zero. we really can't relax yet, can we? >> no, absolutely not. it's fine that the data is moving lower. everyone appreciates that, but you can't sit here and say that there's no inflation when it is actually running at 8.5% year over year, which only tells you that you have to remain a bit cautious and you can't through out the party tools as if it doesn't exist because it does. the caution is that we may see it, you know, kind of dip a bit but then start heading higher like it did in 1980 and '81 when it started to cool, the fed pivoted early and started to cut rates and suddenly inflation took off again and the fed had to re-pivot and start to raise rates and ultimately push them up to 21%. i just say, it's great but don't celebrate just yet. david: you know, their track record is horrible whether you're talking about janet yellen, jerome powell or of course the president himself,

they were all totally wrong about inflation a year ago. nobody believes them now and 81% of voters are telling fox that they think the national economy is in bad shape. do you agree with the voters? >> i do agree. i am in that camp and i've been in that camp and saying we're in a recession while the government and administration tries to tell us that we're not. i am in the camp that we are. it might be a rolling recession and height not be horrible in every sector but we're there and we'll get into a deeper one i think. david: kenny, great to see you. happy friday. an irs job posting is quite the stir. it says or said before they pulled it: agents must "carry a firearm and be willing to use deadly force". florida congressman mike malls here to deal with that and john bolton calls the iran assassination plot against him an act of war and wants the white house to terminate all

negotiations with iran on the nuke deal. we'll have reactions next.

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all in one privacy app with a built in search engine, web browser, one click data clearing and more stop companies like google from watching you, by downloading the app today. duckduckgo: privacy, simplified. >> president biden is facing accusations that he kept the assassination threats to former secretary of state mike pompeo owe and john bollton's secret. why? lauren: he kept it hush hush to preserve the nuclear talks he wants to return to. the justice department unsealed the indictment of that operative two days after those talks wrapped up. the final talk is awaiting approval. if agreed to, anxiouses on iowa hawkeyes -- sanctions on iran are listed and then you're giving iran billions of dollars in oil money. what are they going to do with that? >> i don't trust them to do good

things with it. lauren: it emboldens iran and seems to want more trade and less terrorism and that's the thinking of the administration and obama administration. david: the timing of this released right after the meetings. >> take a listen to this next topic. >> i was embarrassed at the low price and thought it would have been higher but i guess it was the exchange rate problem or something and i read the document was great interest hi not seen it before and i was not aware of many of the specifics and obviously i had long had a general understanding of what the threat was. david: jack keen joins me now. i'm glad that john could joke about it but how serious is this threat from the iowa hawkeyes iranians?>> very serious.

obviously this is in response to killing solamani back in january of 2020 who has as much american blood on his hands as 9/11 bombers did in new york city and the pentagon. listen, there's scores of u.s. government officials that are on this list, somewhere over 50. they're dead serious about this, and i don't believe it's just one target. i think they're trying to do multiple targets and obviously we have an iranian agent operating on american soil attempting to kill americans on american soil. that's pretty serious, about as serious as it can get. i agree with ambassador bolton, why we would continue to negotiate with the iranians while they're trying to kill government officials in america is preposterous on the surface.

david: we're doing so through the russians. >> yeah, and also through the eu, they're trying to get the iranians to make a concession here and remove the investigation that the un is conducting as a result of finding nuclear materials on a clandestine site, not one of the public sites, which always goes back to the original premise we all had, that the iranians will always attempt to make a nuclear weapon separate from the parallel system in other words they'll make a nuclear weapon at con distantly and covertly regardless of the nuclear deal. that is where they are. that's where they've always been. we know that, but this administration has been unable to deal with those facts. david: got you. general, i want to switch to china because that seems to be a real immediate threat. a lot of folks are focusing on

the possible invasion of taiwan, but a blockade is another way of taking over the island. what could we do if they decide to blockade taiwan? >> well, it's interesting that you mention this because everybody does focus on the d-day invasion sort of scenario, which is all out, air and missile attack. amphibious assault and challenging over 100 miles of sea and parachute assault, helicopter assault, the like. very aggressive complicated campaign. but more likely is the quarantine or blockade as you suggest, and a little bit of that we saw just recently over the last four or five days. it would be a little different from that, but nonetheless i think that was more of a rehearsal for a quarantine or blockade than a d-day invasion and kind of plays into the prc's

hands here, david, because their basic premise all along has been to gain leverage and advantage in the indo pacific region and primarily in the western pacific and not firing a shot and predatory nature and that's what they've been doing to taiwan to get them to capitulate, but they don't want to capitulate, and they definitely will capitulate. their resolve has been strengthened but the blockade and quarantine is out of that play book because you're not going to fire any weapons to do it and you'll enroach on the air and maritime, and then the own s is on taiwan to fire a shot or take aggressive action and i think the unit would assist taiwan attempting to demonstrate certainly to the prc and their

mel tear we're dead serious about it and we're not going to put up with this quarantine and blockade. that is absolutely the most realistic option i think for the chinese. david: got ya. of course, that philosophy goes back thousands of years in china where you can win by not firing a shot, use that. general, great to see you and thank you for being here. have a great weekend. now this, some lawmakers priorities are being called into question over the recent stock trades. this as a bill cracking down on congressional stock trading stalls. hillary vaughn is on capitol hill and i'm not shocked this bill has stalled, hilary. hilary: t not stalled but there's a vote in september when they return from august recess and that's the plan since the house administration committee wrapped up putting together all the lawmakers and banning all the lawmakers and spouses from trading while in office and

another lawmaker's stock trades are coming into question. ethics watch dogs are calling for an investigation into congresswoman kathy manning filing a complaint with the office of congressional evident icks for her delays disclosures and it says she improperly failed to report stock trades her and her spouse made last year worth up to $1.2 million. win was nvidia, a chips company and manning sold the stock before the vote on the house, in the house of the chips legislation, which would give $50 billion in government subsidies to the industry and she's not the only lawmakers that bought the nvidia stock and speaker pelosi's husband came under fire for the purchase of nvidia and dumped the stock before the vote and not before conflict of interest swirled around her and her husband. speaker pelosi is facing additional controversy for bringing her son, 53-year-old paul pelosi jr. on her trip to

asia. he holds a stake in a chinese tech company and pelosi insisted her son tacking along was -- tagging along was personal and no business was done on the side. >> his plan was to be my escort. usually we invite spouses and not all come come. i had him come and i was proud he was there and it was fun for me. >> did he have any business dealings? >> he did not. of course he did not. hillary: paul pelosi's name was not on that list that officials released of people accompanying her on the trip. david. david: another top politician whose son has business dealings in china. sounds all so familiar. hillary, thank you so much. appreciate it. parents revolving after a school board in north dakota scrapping the pledge of allegiance from their meeting. and crime is spiraling out of control and could get a whole lot worse and police departments

from coast to coast struggling to fill their ranks and madison has that story next.

david: checks the markets, we're still in the green. dow jones industrial up about a third of a percentage point and s&p up about a half of a percentage point and the winner, nasdaq up almost a full percentage point 1206 to the+ side. lauren -- 126 to the plus side. lauren: yeah, we have disney that's a dow component and no new news today and it was up 13% this week and up another 2.5% today. you can see the fruits of its labor and big five years ago on streaming. this future analysis and we have disney, espn and hulu together and more subscribers than netflix. david: yeah code diagnostics. lauren: yeah, this is the covid testing company. both personal testing. people aren't running home to swap themselves anymore and

mandated testing, your company is saying you have to test. they're both down on demand. they reported a surprise loss and revenue of $5 million versus an estimate of $20 million. david: that's a big drop. we trade, china based firm. lauren: never heard of it but you will now because it's up 48%. they've inked a $50 million deal with a medical company to sell monkeypox. the rise in polio because it was found in a new york city sewage. david: major cities struggling to contain crime spikes and police staffing shortages could make things worse. how bad is the shortage, madison? madison: david, yeah, we're seeing a shortage across the country. cities are really struggling to hold onto their police officers. taking a look at some of the cities that we've taken interest in, new york city of course, they're seeing record numbers of

retirement here and what's even more concerning arguably, is on top of that number, there's 1,000 more officers that have quit. they're leaving the force early before they can get their pensions and we spoke to one officer that explained why this is happening. >> you're going to take a job that's dangerous where you're not going to be appreciated. you're also going to be blamed, and you're not going to get paid like a professional. we can't get them in the door and if we do, they see what their going to -- what's expected of them. they're fleeing. madison: we are seeing this problem across the country. when asked why they're having the problem with staffing officers, the kansas city police department told fox business they saw a shortage of people wanting to serve in public safety professions following the pandemic and that the historic civil unrest around the murder of george floyd has also created skepticism and doubt in the profession of policing. less officers on the streets, we

are also seeing more crime. in chicago and los angeles this year, robbery up nearly 20% and in new york it's up nearly 40%. you know this, is all coming at a time when many lawmakers have changed their tune around defund the police and importance of officers, but departments we've spoken to worry it's a little too late. david: madison, thank you very much for that. joining me now is carol mark wits. carol, florida governor desantis is trying to do something about what's happening and fired one of the radical prosecutors that i think was supported by soros like so many others. is he gets support from the people of florida against the preemptive strike for doing things the cops don't like? >> absolutely. that prosecutor said he would not be enforcing the laws and that's something that a prosecutor simply can't say or do. i think that governor desantis absolutely made the right move here. i think it's ridiculous the idea that we can't say this

prosecutedder was backed by george soros. george soros backs prosecutors and funds all kinds of campaigns across the country, and this was one he funded in the state of florida. absolutely he is backed by george soros and nothing anti-semitic about and i proudly wear my jewish star and nothing bad about it. george is involved in it this way and this is what happens. i wrote a cover story in june 2020 for the washington examiner saying that we're going to have a struggle getting police officers to take the job because it's not a glamorous job, it's not a high-paying job. you do it because you want to serve and the they waive been treated has been a travesty and i saw this coming, a lot of people saw this coming, and here we are with a massive shortage of officers. david: it's a vocation and my hat's off to anybody that's willing to pick up that baton. it's a real vocation to treat them the way they've been treated is disgraceful and they're trying to turn it around in florida. i want to switch to schools because that's another key issue and the reason why you left new

york for florida. a school board in fargo, north dakota, voted to stop resiting the pledge of allegiance. >> given the word god in the text of the pledge of alearfield img generals, it's carpettized and it's referred to the judiah christian god and doesn't include other faith such as islam, buddhism, hinduism. david: that's what they're debating? what's your thoughts? >> i'm an immigrant and the pledge of allegiance was the first thing i learned because it was an a program in the 1980s and if the first thing i learned and it's personal to me and i think it's important the kids learn it and say it. the under god, you don't have to say the words but god is on our money. i don't know that we should be shipping any money to the school because what if they see the

word god and they assume it only applies to one god p. so it's ridiculous. it's obviously meant to divide us, and we shouldn't stand for it. david: i want to switch to the cdc guidelines, which have been loosened a bit from their covid days in terms of quarantine, a lot of different ways that they're kind of loosening up. you said these were never of use to begin with in the pandemic fight. explain. madison -- >> david, i'm glad you and i can stand less than six feet apart from each other because till yesterday that wasn't allowed. the cdc guidance had no affect on our covid rates and we can see that throughout the last two years and many other countries made these decisions and these calls far earlier than we did. the cdc is just catching up with what people are doing anyway. this similar pertive they admit -- imperative they admit

this did not help and they want to let people know we did all these things that had no affect on our covid rates, but we cannot let them do again and it's the main message we need to take away from the bungling of the last few years. the c dc should in the be listened to as the agency that let union heads write the school board policies and should be treated as an agency and not a healthcare one. david: john macky, the guy who started whole foods and create what had it is today. he says socialists are taking over education, taking over corporate boards, that this whole critical theory, which was started back in the 1930s and '40s by marxist who wanted to change society without a revolution is happening in america. do you agree, quickly? >> i absolutely agree and we need to fight it and they're trying to take over everything and we have to fight them. you're seeing at school board meetings is parents realizing what's going on and stepping up and fighting for their children. we need to do that at every

level of society and we can't let these people take control. david: karol, you were fortified in your decision to move to florida. have a great day. another problem, is your teen always glued to their phone? you're not alone. more teens than ever are living their lives literally on social media. lydia who will be breaking down the dangers of all this and twitter bringing back the election misinformation rules out of the midterms and voting rights experts say their policies still fall short. we'll lay out twitters policies coming next.

david: check the markets and we are still in the green. it's a good friday.

dow jones lost a little edge. it's now up about 91 points and s&p up about 20 and nasdaq zooming ahead at 86 to the plus side. a new program that could flood your g mail accounts of political campaign e-mails. lauren, what's this about? lauren: spam alert for gmail users. they say google can let political campaigns dodge their spam filters and it's a pilot program. it's amazing it was approved because they opened the proposal for comment and basically everybody that had something to say, it was negative. but this is what they're doing. going 18 going to now a-- google will alert you that you have an e-mail from a campaign and you make the decision to opt in or out. they're not going to market spam for you. why are they doing all this? because there was pressure by republicans accusing google of censoring e-mails meaning gmail is more likely to mark gop

e-mail as spam. david: acting more and more like publishers, but they claim they are not. lauren, twitter announcing how they're going to police content ahead of november. i got to say, i had an example of this in one of my tweets. lauren: they're doing the exact same thing as in 2018. they elevate reliable sources and they label or remove misleading posts. you got a label; right? david: i got a label. if you click on the link that i put in there, it's pgmedia. for some reason pgmedia can considered content that could lead to real world harm. really? lauren: someone is determining what is legit and not legit. who should be doing this? elon musk reluctantly might have to buy the company and said you should let everything go on unless it's completely illegal. david: that's right. if you don't let everything on, you're acting like an editor of a publication and again, they claim they're not a publication. but they're certainly acting

like it. lauren, thank you very much. american teenagers are spending more time an ever on social immediate .y lydia, often are teens online today and i have to ask and i'm afraid to admit. >> the number is growing and teenagers saying they're online almost constantly and it's nearly doubled since 2015. that means almost half of teens between the ages of 13-17 say they're chronically online and that's up from about one in four just back in 2015. according to pew research, youtube is the most popular platform among u.s. teens and 90% use the app and tiktok say they use that platform closely trailing behind is instagram and snap chat. distant fifth place is facebook only about one in five teens say that they use it. but troubling here, david, is how deeply engrained social

media is used by teens and more than half of them say giving up social media platforms would be challenging. a third of teens admitted too much of their time is used on social media apps and websites. there are some people out there, many people that say the effects can be absolutely devastating. watch this. >> i talked to four parents whose children choked themselves to death using the tiktok black out challenge. in many cases, the parents until their kids started developing adverse psychological impacts like eating disorders, depression, anxiety, self-harm, they weren't aware their children were online. >> david, we reached out to youtube, tiktok, and snap, did not hear back from them immediately but a spokesperson from meta got back and shared some information about the age requirements for instagram and facebook. you have to be 13 years old to get on the platforms and the

parental controls they've lawned allowing parents to mop torr the amount of time -- monitor the time their children are spending online. with growing access to social media and growing use by teens, more needs to be done to make social media safer. what we have now is not good enough. david: yeah, frankly it's all up to the parents and they're the ones with ultimate control with things and a lot don't have the time or don't care, i'm afraid to say. lydia, thank you very much. take a look at this, meta platform new blender bottom panel. bot. it's a chat bot and expressing opinions about mark zuckerberg and in one he called him too creepy and manipulative and another said i don't like him much. he's a bad person. reminds you of siri. still ahead, you may have seen the kardashians driving these around. it's the moke, and it's going

electric. we're going to tell you when you can get your hands on one, if you want. united airlines meanwhile is betting big on flying taxis. they just put a $10 million deposit down for aircrafts from archer aviation. the ceo of archer adam goldstein joining me next.

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david: stuart now saw the jetsons? lauren: yeah, he admitted that yesterday. david: i grew up with the jetsons and remember them very well. 60 years later, we have that flying car almost could be coming to real life very soon. aviation company archer is developing a flying taxi and united airlines just invested $10 million for 200 of the aircrafts and the ceo of archer is adam goldstein and he's joining me now. thanks for being here and congratulations on getting the $10 million from united. when are the planes going to be ready? >> yeah, thanks very much for

having me on the show. i appreciate it. well, actually united put in a purchase order of 200 planes for up to $1 billion and the $10 million was the first delivery payment they gave us. so the vehicles are being produced and certified with the faa here in the u.s. and the goal is to get them certified by the end of 2024 and for us to start commercial operations in 2025. david: by the way, a minor, minor point i can't help asking, are you going to give it some kind of sound like maybe with the jetson's plane or what? >> actually noise is one of the very interesting parts about this technology. the vehicles are powered by electric propulsion system similar to what we're seeing on the ground with electric vehicles and they're very, very quiet and up to 100 times quieter than a helicopter and they can scale very nicely and have lots of them flying around the air without being disruptive to the communities and environments down below. david: how will they work?

is this -- who's going to be piloting these first of all? >> yeah. so the vehicles will be piloted plus four passengers, and it will require your typical type of rating and training you'd need to be a pilot, but the good news is the vehicles are very easy to fly. they're actually a really nice pipeline vehicle that can help train a whole new crop of pilots that can really filter up to the broader commercial aviation industry. it's a really nice new vehicle that can help not only just bring a lot of benefits to the consumers and helping people save time, but also really help potentially solve the larger pilot shortage that's affecting the entire aviation industry. david: now, the faa hasn't yet approved, they have to go through rig ma role to approve it and what's more difficult, developing the planes or getting regulatory approval? >> yeah, the industry has been around for over a decade and much of the technology has

already been proven. you can come down and watch a test flight in northern california. you can see the technology really, you know, in its greatness and much of the work that we do today is really working onsetter fewing the vehicle -- on certifying the vehicle and we'll certify them with the faa at similar levels of commercial airlines. there won't be any catastrophic events in one in a billion flight hours, that's our target. david: and congested cities are going to be okay? i mean air space is not going to become too filled with these thins? >> yeah, i think there's going to be an adoption period over time. in the beginning we'll start point to point and, you know, specific cities with specific routes. airports to city centers are very good use case where we can start. we know there's demand there and we know there's consumers willing to pay as we've seen with the ride sharing business. you'll likely see the industry start there and then ultimately expand over time into more and

more broader and broader areas. david: fascinating stuff. adam goldstein, best of luck to you, adam. appreciate it. new analysis showing which airport is the worst in the country for flight delays and cancellations. i have a feeling i know. lauren: yeah, you always say new york because they deal with the most customers and passengers and it is, it's la guardia in queens, and adding insult to injury just underwent this beautiful multibillion dollar renovation and can't get to where you want to go on time if you fly there. 70% of the flights were canceled and nearly triple the nags al average of 2.6% who came in second, newark, new jersey, stone throw from the city. and reagan national came in third. david: how much did the renovations cost? lauren: i think it was $4 billion. david: $4 billion. another public project. all right, lauren, thank you very much.

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david: merit garland, i guess, assumes that most americans are completely stupid. >> a warrant is simply a boiler point form. it doesn't tell you anything. the meat of it is always in the affidavit. garland wants to keep that concealed and i surveillances he'll succeed. >> we keep hearing that the white house didn't know anything about it. according to what they are saying this is a national security thing which is the president's primary obligation. how does biden conceivably not know about this? >> so biden put us into a recession. this guy has no idea how an economy actually functions. that is why the american people are struggling. >> you can't sit here and say that there's no inflation when it is actually running at 8.5%, can't pull out the party tools just yet and throw this party as

if it doesn't exist. it does. don't celebrate just yet. yes indeed, i love my country, i love my country ♪ david: well you can certainly celebrate america and the statue of liberty and the weekend it is a friday and it's a good friday, good for the markets, good for the feeling in the summertime. it's 11 a.m. on the east coast i'm david asman in in for stuary varney today. checking the markets all up about where they've been the past hour and a half or so. dow jones is up over 100 just barely, s&p is up by a little more percentage wise, and the nasdaq is close to a full percent increase, it is up 116 points. big tech you could see there, all doing pretty well. again, thoughts of an easing inflation might ease the rate hikes by the federal reserve and that's always good for tech. 10 year treasury let's check that because it is now at 2.87.

i'm going to round it out. that's the yield, but you compare that to the two-year yield, and you have this inversion going on, where the two-year yield, short-term yield is supposed to give you less of a percentage yield. in fact, the two-year is 3.25%, so compare that to the 10-year, one of those warning signals. let's bring in jonathan hoenig, market watcher and jonathan, question, when you look, i mean we're happy this is the fourth week, we've had a good week in stocks, but have we hit the top of what a lot of people are saying is a bear market? >> david got to look at the long term. it's very, people think politicians look for the long term but it's business people it's investors that try to look for long term and look through history. in 1970s inflation got cut in half from 1975 to 1976 you had four years later that inflation was backup at 10% so this is one tube of toothpaste if you will that hasn't been stuffed back in the bottle. i think it's metastasizing and getting worse because the programs just like the

foolishly named get rid of inflation plan what do they call the stem inflation plan, this is going to flamin population, david. going to encourage inflation so i don't think that truck is parked anytime soon. david: the official title is the inflation reduction act, and even such supporters admit it's not going to come anywhere near to reducing inflation at least in the short-term. tell me about the changes coming to stock buybacks, by the way. that's part of this plan, a lot of people have overlooked it because they figure well, that's not going to affect anything except corporate finances, et cetera. you think it's very important, why? >> david, extraordinarily important and for one thing it's like the democrats only know how to raise taxes. like that's all they know how to do and of course when they think they are raising them against those evil corporations, no one seems to care. problem is we all invest in those evil corporations. we work for them and they are the fiber of the entire american economy, and david, those taxes that they are raising most recently what's called a stock buyback tax, those taxes are paid for by us, employees,

consumers, shareholders, and goldman sachs is estimating this new tax to democrats are suggesting to cost anywhere from about a half a percent per-year in terms of earnings per share so this is going to hurt every day american companies who are just trying to return the capital back to shareholders , trying to avoid taxes, schumer the democrats are trying to raise them. david: now you're watching semiconductor daily short. tell me about that. >> well, look, every time government tries to help, it inevitably hurts the industry it's trying to help most. ironically a big example is during the trump adminitration the steel and iron stocks went down during the period of tariff s so my sense is now that this chips act, look i didn't like chips in the 70s i don't like the chips act when it's now in the 2020s either. this chips act is going to be terrible for chip stocks, david so i'm looking at an eft that's soxs, this goes up if chip stocks go down all the help from the government has been negative for the stocks.

david: even if we see an invasion of taiwan, which makes so many chips there and some people say that'll really help domestic chipmakers? god help us if it does happen, but even if that goes on? >> war is good for no one, david so we hope that doesn't go forward but we also know government intervention isn't good. how long do you think it would take the federal government to come up with the iphone? 100 million years? david: they never would have done it. >> this central planning always fails and unfortunately, the democrats are going down that road once again. david: it's amazing ray dalio thinks it somehow works, i never understood that, by the way that's a magnificent sports coat you're wearing. i just have to complement you on that. >> gotta keep up with you, brother, thank you. david: great to see you i appreciate. lauren come on in here let's start with apple. lauren: huge company, and they don't see a consumer slowdown or electronics slowdown so bloomberg is reporting they asked their suppliers to build 90 million of the new iphone 14s

set to launch later this year so they will roughly produce 220 million iphones for all of this year. dan ives was on the show yesterday and he said look, a quarter of apple's customer base has yet to upgrade. so, maybe they think everybody is going to buy this one, $1,100 phone. david: teledoc. lauren: the stock is up 3.2% they say this is the established leader in telehealth and they have scale, the price target is 45. david: should i know poshmark. lauren: you should it's a fashion marketplace and you'd think it would do really well when people are watching their money sell your old or new clothes socially. a wider than expected loss they are down about 12%. they cut their revenue forecast, so this is just in general, a cautious consumer. david: lauren thank you very much for that. well now this , donald trump is calling for the immediate release of the documents related to the radon his home at mar-a-lago. the former president writing on truth social, "not only will i not oppose the release of

documents related to the unamerican, unwarranted and unnecessary raid and break-in of my home in palm beach, florida, mar-a-lago, i am going a step further by encouraging the immediate release of those documents. " sandra smith joins me right now so why aren't they releasing the affidavit? that's the question a lot of people, that would show what it was that the fbi told the judge before he authorized the raid. >> i think we might get news today out of the weekend. we'll see how the afternoon goes on. we are symbotic packed i'll use this as an opportunity to say america reports we've got marco rubio coming on steve scalise, andy mccarthy and others we had all this leading up to merit garland's business news conference yesterday when of course he said that these can be unsealed. donald trump had a 3:00 p.m. deadline today to respond. he responded well-ahead of that before midnight last night and said go ahead. there is some questions over why he wouldn't unseal that and show

what he was handed from the fbi after the search was conducted on his mar-a-lago estate. he could certainly still do that , but i think we're going to learn a whole lot more here soon on this notion, of this washington post reporting that nuclear weapons are at the center of this search warrant. david: what do you think of that? >> i'll tell you what donald trump thinks of it. it's a hoax just like russia russia russia was a hoax, mueller investigation hoax and much more. same people involved. there was a word in between there that i left out, but he's asking the question, why wouldn't the fbi allow this inspection of the area at mar-a-lago with our lawyers or others present. that's a fair question to ask, right? he was not home at the time of the raid. he was notified by his son. there's a big chunk of the timeline missing here, david , and that's a lot of the news we're waiting on. david: you know i think it's also fair to be skeptical of the fbi after what you think of what happened with crossfire

hurricane. you have an fbi attorney, kevin klinesmith who plead guilty to feeding false information to the fisa court that led to spying going on there. the suggestion that there may have been something in the affidavit that was not proper when you again think of kevin klinesmith, peter strzok, lisa page, andy mccabe, the rest of them, i understand what the attorney general is saying about respecting the fbi but you look at the shenanigans that went on with the russia hoax, and you gotta be a little skeptical. >> i would say the country is watching, i think the world is watching. they want to know and want answers why was the home of a former u.s. president raided by the fbi. explanations necessary, we thought we might get one from merit garland yesterday that was not the case. david: no, let's move on to what people really care about. i'm sure they're watching the story of mar-a-lago, but they are also clearly don't think the economies going well. they don't think the united states is going well right now. that figure, according to a fox

poll that just came out shows it increasing from 67% to satisfied to 75% dissatisfied. do you think that's going to change at all between now and the election? >> i think a lot of people are watching saying i don't need the poll to tell me i'm not happy with the way things are going. gas prices still $2 above when biden took office. this administration is using the recent drop in prices to to the that prices are coming down. it's yet again an administration that shows it's just out of touch with the way the american people are feeling in this moment and to be pushing this massive tax and spend bill in a time of inflation and recession is absurd and you look back at any moment in history where the government touted more spending in a time of inflation, there has never been a moment where that has helped bring prices down. i just had austin goolsby on the show on ""america's newsroom"" and i hoped with what should be a simple question to any economist who throws their

support behind this , inflation reduction act. okay, an economist should be asked. if you support this , by how much when you crunch the numbers , does this bring down inflation? it's a reasonable question, i've asked of the white house. david: what's the answer? >> a third of a percentage point, austin says he hasn't crunched the numbers himself. love austin, this is not a personal thing but there should be an answer there. you're asking the american people to pay for this massive plan to bring down prices but nobody is telling us by how much? david: then there's insult to injury by saying there's zero inflation. americans know they are paying more. >> that's just a bad, bad messaging from the white house to do that. we all know that we're living through 40-year high inflation and it's going to take a lot, a lot of short-term pain to bring that down. david: it's not changing the poll numbers. in fact, if anything, it's making it worse. that insult to injury. sandra, great to see you. as you mentioned and we will be watching from 1:00-3:00 p.m. eastern time, america reports --

>> just another summer friday, you know? lauren: [laughter] >> it's crazy around here. david: we'll be watching. >> thanks for having me. david: when did august become so busy news-wise? all right, now this. electric vehicle maker rivian says it's current models will not qualify for tax breaks under the inflation reduction act. we'llism plain why, and the irs is looking for employees who are willing to carry a gun and use deadly force. there's a lot of confusion around this. we're on it. former green beret and congressman michael waltz says the trump raid reminds him of the places where he served overseas. the congressman makes his case, coming next. ♪ what's going on, what's going on ♪ rd. oh yeah, we gotta take off. you downloaded the td ameritrade mobile app

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david: checking the markets it's a green friday, if you will the dow is now up a little bit from where it was before, but it's always sort of leveled out at about a half a percentage point gain but it's still up 145 points. nasdaq is doing very well up well-over 1% right now up 148 points, almost to 13,000 just looking at the tail of 13,000. s&p is up about three-quarters of a percent as well so it's a healthy day for the markets. take a look at the ev makers and lauren there was a jump in sales in the first half of this year i've got to believe it has something to do with the price of gas. lauren: yes there was big interest in electric vehicles but not so much here in the u.s. let me show you this. this comes from canalasys. 4.2 million vehicles were sold this year an increase of 63% worldwide from last year.

where is the biggest demand? it's in china, 2.4 million vehicles delivered in the first half of the year there. a quarter, a quarter of all car sales in china are electric. why? they have a lot of them and they're cheap like $5,000 in some instances. you look at europe, they bought 1.1 million ev's this year. here in the u.s. , the numbers going up but it's only 400,000. 414,000 to be exact, so why? why are we lagging? they're expensive and there's not a lot of options. then you have these federal tax incentives that come under the new inflation reduction act. they exclude a lot of the companies. so for the most part, they are limited suv's and trucks priced under 80,000. rivian doesn't get it. cars under 55,000, and -- david: although i would add one reason that it's just one word, freedom. we have the freedom to buy that they don't necessarily have in a communist state like china. that has a lot to do with why they're switching to electric, because they are being forced to

do so. lauren: but they have a $5,000 option. ev's are very expensive here. they are working on bringing the price down. david: they can just say, you have to do it or you go to jail or something worse. lauren thank you very much. well now i want to bring in voot er vistmuth, the chief executive at ev technology group so you recently acquired electric car maker moke international. a lot of us saw the kardashians riding around in these things. why did you buy them? you think they have legs here? >> so the ev technology group i'm on a mission to electrify iconic brands because i love cars. i love driving them, i love racing them, but as we are making the transition to electric, what i really found is that many of these cars are mailed for utilities to get from a to b, and in order to really make a transition and make ev's sexy and ready for mass market adoption i also

think that we need to have these cars that you aspire to drive that you drive with your friends and this is really a corner stone acquisition that we're making and really sets our stage for future growth. david: now, are all of your cars electric? >> so, all of our cars will be electric. moke is the first one we've delivered. we've gone through the full mitigation so it's a full road legal car and this comes down to being able to attract some of the government incentives that recently launched so it's fully legal, crash tested, something you can drive on the road and that's very much the kind of vehicles that we're developing in our group. david: now the kardashians i believe drove something called moke america. you are not the same as moke america. in fact you have a lawsuit against them, right? >> so this is the thing. it was mentioned in the previous segment. you see china just developing these low cost, low quality type

of moke hitting the american market, often bypassing that are often there and we acquired the original moke that has the copyright in over 100 jurisdictions globally, and yeah , we definitely think we will succeed in the lawsuit, but more importantly, our cars are superior quality that can go up to 60 miles per hour. they are built to much higher standards so even in that case i think we'll have a very competitive car for the american market. david: now, i've also told that the first electric moke is offer ed to the kardashians for free. you're going to give them away i guess you're hoping for the free publicity. it won't be free publicity but that's got to play a role in this , right? >> well, you've done my part for me, so thanks for that, david, but yeah, we were going to offer that. we of course want to get safe cars on the road. i don't think they be buying them from china so let us get

some british built hand-made cars into their hands and definitely we'll be open to doing that. david: by the way people don't realize but you're in santro pey right now not a bad play for a showroom. >> we built this here over the summer in record time and the thing with the moke is it puts a smile on your face, smile on my face and demand is not really the issue here. it's really about getting into as many customers as possible. david: and those mountain roads some of those curves might be a little scary, but you say it's perfectly suited for those roads so have fun there. it be great, great vehicle to drive in a place like that. of course just being in a place like that be great. thank you very much appreciate it. let's get back to the markets. take a look at peloton. they are facing a class action lawsuit over what, lauren? lauren: misleading customers about the size of their video library. so this suit claims that some customers overpaid for their peloton subscriptions for over a

year. so it goes back to 2019, when music publishers sued peloton for streaming songs without the proper licenses so what peloton did was delete thousands of their fitness classes because they featured the copyrighted songs in the classes but they kept charging subscribers the same price. this suit proposed class action says that's not right. the stock is up 4% today. they need it. one year ago this month it was at $120. david: whoa look at that. lauren: yup. >> dean: we talked about johnson & johnson when the markets opened they had trouble with tal colm powder for a while. they haven't sold it in the u.s. lauren: now they aren't selling it anywhere starting next year so global sales will be done they pulled it in the u.s. in 2020 dealing with tens of thousands of consumer safety lawsuits over alleged asbestos or carcinogen, so they are transitioning to acorn starch based baby powder. david: tough one but they continue with baby powder just a whole different type.

lauren thank you very much. one state thinks veterans could be the answer to the massive teacher shortage. we'll tell you where and how that is happening plus congressman mike waltz joining us live from capitol hill with the very latest on the irs and the trump raid. more "varney", right after this. ♪ let it roll ♪

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♪ when you're ready come and get it ♪ david: looks like a cloudless day in san antonio today, it's 87 degrees there going to get hotter, san antonio , texas, happy friday, everybody. we are playing selina gomez song because her start-up company is valued at $100 million, it's an online platform that focuses on mental health. serena williams venture capital firm, by the way just invested $5 million in it. let's check the markets, all of the indexes are up. the dow has been flirting with 200 in the past couple of minutes it's up about 196 points right now. nasdaq is up as well, and the

s&p. big tech generally is doing pretty well, a lot of that has to do with interest rates coming down a bit, as you can see there , all of these big tech companies are doing great. the 10 year treasury is down to 2.86 right now, just ticked up a little bit but it's still down for the day. you compare that by the way to the two-year treasury which is now trading at 3.25 and you realize that inversion is still going on. meanwhile we're looking at tesla lauren mentioned that a reason why we may have a 2.75% increase lauren: the house is voting on the inflation reduction act and they are expected to pass it and tesla didn't get the federal tax credit for a while and some of those purchases could be ineligible now and that might make consumers say all right let's buy if it becomes cheaper. david: at least investors are looking this way. now this. donald trump is responding to reports that the fbi was looking

for documents related to nuclear weapons. this is what is being put out there in the press, and this is what he said on truth social. nuclear weapons, it's a hoax, just like russia russia russia was a hoax. two impeachments were a hoax, the mueller investigation was a hoax, and much more. congressman mike waltz joining me now from republican from florida. congressman, you can't blame the idea or the skepticism at the very least about this report when you think of all that bad information that was leaked out to the press by the fbi during the russia hoax. >> yeah, remember, you had brennan, clapper, former heads of the cia and director director of national intelligence and others all over national television swearing they had seen documents direct evidence that president trump was an agent of russia but then they would go into shifts behind closed doors and under oath they would swear something completely

differently and add susan right to that mix so everybody is right to be skeptical. i can't see why i worked in a previous white house, why a president of the united states would have any type of documents related to warhead design or material. it just doesn't make sense, and the codes, by the way, in terms of what the president has to give to launch get changed when a new president comes in, so even if that got into the boxes somehow, it's all different now, and none of this , you know, rises to the level of something that they couldn't go back through the legal process and ask for if they thought somehow it had gotten into one of those boxes. david: and congressman it's worse than leaking bad information to the press if in fact that's what's happening here. they actually gave bad information to the judges during crossfire hurricane the name of their campaign, and kevin kline smith admitted and plead guilty to the charge of giving

false information to the fisa court. do you have any suspicion that that might be happening now that that might be one of the reasons why they're not releasing the affidavit, even though they're releasing the warrant? >> yeah, could be. i think all of our confidence and this entire process and the fisa process in particular, which is what allows the powers of the state, the surveillance to turn on american citizens as sacred and the longer this goes on with deafening silence from the doj, the more it shakes every american's confidence in equal justice under the law, and that's terrible for this country and they should be ashamed of it. david: you're a former green beret, congratulations, thank you for the service and you say the trump raid reminds you of some of the countries that you served in overseas. why do you say that? >> yup. well, look i've served across africa and the middle east and it's just a given there that when a new regime comes in power , that they are going to go

after and try to put in jail their predecessors. it's just kind of accepted in those parts of the world, never in a million years did i think i would see that here. david: it's extraordinary. another one though, congressman. the irs posting for jobs and this is the posting. it was, its been taken off since then but it suggested if you're interested in a job there you have to be able to carry a firearm and be willing to use deadly force if necessary. what do you make of that and the fact that we may have another 87,000 irs agents with weapons? >> yeah, look. by the last count i saw there's about a thousand billionaires across the country, and if that's supposedly the focus of this 6x increase in the irs's budget, and number of agents, why do you need 87,000 to go after a thousand and why do they need to be armed? i don't see a lot of, you know, a lot of billionaires duking it

out with guns on the street. they have an army of lawyers and accountants. what i'm worried about are the small business owners that can't afford the army of lawyers and accountants to face the army of irs agents. again, this is so tone deaf to what's going on in the country where people just need cheaper gas, they need cheaper groceries , they need to go send their kids to school to get educated not in doctrine at ed and this is why you're going to see a big red wave in november. david: congressman when you combine these stories and you think of other examples of how there's been kind of an authoritarian tilt to this administration starting with the pandemic mandates all of those no matter what people felt, the way they've dealt with executive orders that really go far beyond what even the supreme court says they should be going, and now to this raid in mar-a-lago. are you worried that, in fact, we do have this sort of veering towards an authoritarian use of the government in this country?

>> well look, i'm a representative from florida and florida you have a lot of families a lot of people that have dealt with socialism, marxism and heavy handed government in a very real way and that's what's at the crux of communism and socialism. in order to take from one group of people to constantly provide for another, you have to have a heavy-handed government. you have bureaucrats deciding winners and losers and that's the slippery slope that we're on , and that's why i'm in kong reto fight guess it. david: i used to cover the region and i net her in nica ragus, she had to escape from the socialist grip of that country and one of the first things daniel ortega did when he took over the second time he's been in power for 40 years now, one way or another is he completely delegitimized the rule of law in that country by essentially bribing the supreme court and getting his people in. the effort to politicize the legal system is one of the

first things they do to consolidate their power. are you worried the same maybe happening here? >> you know, it is a worry. we have to restore confidence and this administration and all of us as americans, should be striving to do that and the best way to do that is transparencies and i'm glad president trump said absolutely release it. i have nothing to hide. this heavy handedness just reeks of politics and i'm hearing it from across-the-board. independents, people who love the president, don't like the president, are saying this is just over-the-top and again they are going to feel it in just a few months. david: well we have one more for you, congressman. an op-ed written in the wall street journal written by the commanding general of the florida national guard that says the vaccine mandate puts national security at risk. do you agree with that, congressman? >> no, i agree with the general he's spot-on. look, here's the thing.

you'll hear the administration say when we give an order, the orders have to be followed the order to charge the hill they have to do it. well as leaders you also have to reevaluate your order, and look at the impact on your units and to lose tens of thousands of national guardsmen at a time when the army has only hit 50% of its recruiting goal when our adversaries are militarizing and now the vaccine is proven not to stop the spread, it's a personal health decision. they need to reevaluate this order, not go down this road and not devastate our military and our international guard, by the way, we're heading into hurricane season, wildfire season, they still have overseas deployment and with the recruiting crisis, they can't replace these men and women, and these men and women, by the way, were on the front line of covid. the other thing we told them to incorporate was natural immunity , and the pentagon is not doing it. david: right and by the way it's not only national guard. i know a lot of fine marines who had to leave the marine corps

well trained, they are exactly the kind of people you want, they had to leave because they didn't want to get a vaccine. >> it's a shame. david: we got to get rid of this. congressman, thank you so much for being here appreciate it. >> thank you, david. david: now this , legendary sportscaster harry carey yes, he sang for the crowd at the field of dreams baseball game last night. you weren't imagining it but you might be thinking to yourself, wait a minute this guys been dead for years and you're right. so how did they pull that off? we'll explain. also former president trump is calling for the immediate un ceiling of the mar-a-lago search warrant as a congressman was just saying, but it is ultimately up to the judge and he could take the weekend to make the decision. brett tolman is a former federal prosecutor and he joins me coming up next. some day love will find you, one night, we'll remind you ♪

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david: let's get back to the latest on the mar-a-lago raid, and bring in former u.s. attorney brett tolman. brett, it's great that we may see the warrant that the president is for releasing it, the department of justice says they're for releasing it but what about the affidavit, when we've seen funny business before in terms of the fbi giving bad information to a judge in order to get a warrant. it was revealed in the affidavit don't we need to see that now? >> that's the only document that really matters, david. you get to see what they represented to the court, and keep in mind, there's a backdrop behind every affidavit, meaning were they in discussions with the president with his legal team? did they have any cooperation? was the cooperation satisfying? were they able to gain access when they wanted to, to document s? did they need to use a warrant? and the use of this warrant in this case is contrary to any historical precedent by the

department of justice on a high profile target like the former president. david: and we heard from the a .g., of course a written remark. he didn't take any questions at the end of what he said, but he posed, it was more of what he didn't say. that is what happened that made it impossible to useless force than an out-and-out raid. that's what he didn't really answer. how the whole process broke down >> yeah. i almost chuckled when i watched the press conference by the attorney general because first of all, anybody that's working in the department of justice knows that the attorney general, obviously, was the one who signed off on this search warrant. lower levels of search warrants against lower level targets are signed off by the attorney general and the deputy attorney general so there's no way this wasn't going straight through the attorney general. that was no announcement. there was no revealing of any additional information that gave us any confidence that this

wasn't political. i have cases where there are individuals accused of far worse things, criminal activities, that are allowed to produce documents and respond to a subpoena by a grand jury, and not, you know, be at the hands of a swat-like effort to secure a target and his residence in order to search it. david: but brett, we've seen it so often before against people like roger stone. you know, these handcuffed raids that happened were in most cases people are given a misdemeanor account. you think of this particular charge against the president. he took papers he shouldn't have you look at what happened to sandy burger, misdemeanor, hillary clinton apparently destroyed a lot of the confidential information she had on her server and she was thinking of running again for political office. it's just the unequal justice charge that sticks the hardest. >> well one of the big

differences between when the left is in charge of doj versus the right. the left, the rules and precedent of the department of justice are convenient, but they are not adhered to. when they don't help their narrative or they don't fit what they're trying to show to the public, and they are far more concerned about that narrative than they are seeking a fair administration of the justice department. david: i've gotta give you one more, which is on a different subject but it's important information. the school year set to begin and there are still hundreds of thousands of teachers and staff countries across the country. i'm sorry i was going to throw that to lauren but i've got to ask you about affirmative action it looks like they may, the supreme court they maybe voting against affirmative action. what's going to be the result of that? >> you know, the supreme court is completely different than we've seen. the makeup of the supreme court. there's an absolute adherence to the plain language of the

constitution and adherence to stare decisis, is there but it's not what it used to be and so we'll see what the court does they are going to adhere very closely to the structure of the constitution and its wording david: brett tolman good to see you, brett. thank you very much. >> thank you. david: and now, lauren we have to talk about this story the staff shortages among teachers. what are the details? lauren: this is scary the national education association the largest teachers union in the country is describing this as a five-alarm crisis. schools are short about 300,000 teachers and support staff for this school year. this has been going on a while but the pandemic made everything worse. now 55% of educators say they are considering leading the procession earlier than expected. of course florida has a solution to all of this. they want to fill vacant spots in schools, with veterans. even if that veteran does not have a college degree, so governor desantis is allowing vets to receive a temporary certificate so they can teach or

do whatever in the schools for five years, while they are in their bachelors degree. david: great solution. wonderful solution. lauren: i agree. david: lauren thank you very much well it's one of the biggest sports movies of all-time. roll tape. >> is this heaven? >> it's iowa. david: sometimes iowa is heaven major league baseball just played a real field of dreams game, again, in iowa. we've got the highlights, live from the field, coming next. ♪ ♪ ♪

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chicago cubs ended up defeating the cincinnati reds so i'm sure if harry caray was watching he be very happy. the score was 4-2. grady trimble was there and he joins us now. grady the last time i talked to you you weren't sure if you'd actually see the game but you did, right? reporter: we sure did, and it was really special. you know, david, it would have been hard to top last years actual game when there were a bunch of home runs including a walk-off homer into the corn fields, but let's be honest. most of the magic of the field of dream games happens before the game and in between innings and that was certainly the case last night. we were wondering how it would start with no kevin costner this year. well, instead, we were treated with cove griffie jr. and ken gr iffie surfing recreating the moment when kevin costner's character in the field of dreams movie plays catch with his dad. for the fans that were here in the millions watching on

television, it gives you the chills to see that and touch on the father-son theme in the movie. then you mentioned harry caray, a lot of fans might have been doing a double take seeing in the seventh inning stretch, leading the fans to "take me out to the ballgame" in the form of a hologram. there was also a tribute, a special moment, for fans tribute to the late, great, ray lioto, who of course plays shoeless joe jackson, in the field of dreams movie. it was such a special night that even for the losing team's manager, he didn't seem to mind the score. >> there's no way anything could takeaway from today, we had here. it's a great experience. heard so many people throughout our clubhouse, just saying it's something they will remember for the rest of their life, and just everything about it. it's very difficult to put into words i think what it meant.

reporter: it's a good thing the game was yesterday. the beautiful sunset over the corn fields of iowa, because you can see today, it's rainy, but that's fine. they built it, we came, and now they're breaking it all down. no word, david, if there will be a game next year but right now it's actually looking like there won't be, because they are doing some construction on the movie site. david: yeah, i'm sure there will be. this is becoming a regular thing so nice to see a tradition in baseball again. we've got a lot of, it's time for another, we appreciate it thank you very much, grady appreciate it. gland you were there. one player in the little league world series is getting a lot of attention, what for , lauren? lauren: his dream job which is not a baseball player so meet this 11-year-old boy, brody jackson from missouri he's going viral, because read the bottom, in that dream job line. he wants to be a chicken nugget taste tester. david: i'd love that when i was 11 years old.

lauren: would you put that on your baseball card? david: i probably would have done it if i could. lauren: most kids put baseball player or cop or , you know? david: here is the trivia question for the day, which we'll answer in just a second. what type of sporting is on the top floor of the u.s. supreme court? the answer is next. you worked hard to save for my future. so now... i want to thank you. i started investing with vanguard to help take care of you, like you took care of me. te quiero, mamá. only at vanguard you're more than just an investor you're an owner. helping you take care of the ones you love. that's the value of ownership. i just always thought, “dog food is dog food” i didn't really piece together that dogs eat food. as soon as we brought the farmer's dog in, her skin was better, she was more active.

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david: so, earlier we asked, which type of sporting court is

on the top floor of the supreme court? i had to look at the answer and so i know what it is but what do you think? lauren: shuffle shuffleboard? david: [laughter] that would suit the average age although it's actually getting younger now, and it is basketball. who would have thunk. thank you, folks i hope you have a wonderful wonderful weekend. markets are up and cheryl casone is here in for neil cavuto today hey, cheryl. >> that positive attitude taking me to the trading this afternoon. i'm hoping great to see you, sir we'd like to welcome all of you to cavuto "coast to coast." i am cheryl casone, i'm in for neil cavuto today. we have a very busy two hours ahead. there was a lot of moving parts right now going on. democrats are betting the house on the $739 billion inflation reduction act. they're voting today, without the details on the real fiscal impact of all of this spending. our reporters digging into the effect