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political obituary. there have been too many losses. republicans have to start winning elections again. >> the setup is very similar to 2009. anyone fully invested i would proceed with caution because i think the setup is not going to be good heading into the new year. >> best case scenario we're at 3,400 on the s&p. >> while we can see a december rally everyone now with the increasing talk of recession in 2023 will likely scare investors into the new year. there will be a lot of profit- taking early in january. >> i think we'll see a lot of disruption and volatility here as we move into the first part of 2023, as this market rally is just kind of skating on thin ice right now. ♪ that's what christmas means to me, oh, yeah ♪ stuart: i recognize this song. lauren: stevie wonder. stuart: it's the man's voice i've got. it's the song i didn't recognize what christmas means. it's a lovely christmas treasure trove right outside fox on sixth avenue, in new york city.

lauren: they play amazing music around it too if you can stop and wait a moment. stuart: 11:00 eastern sports fans on monday, december 7. that is pearl harbor day, check those markets they are all now in the green. dow is up 150 points, s&p up 12, nasdaq scraping by with a 2.5 point gain. show me big tech that's a turn around too. we now have amazon, meta and microsoft up, apple and alphabet down slightly. alphabet is down 1%. the 10-year treasury yield is fascinating all the way down to 3.45%. just a few weeks ago, you're at 4.20. now it's 3.45. that's the markets. now this. this has been the best world cup ever. okay? that's a big statement, but i watched them all since about 1958 and the contest now being played out in qatar has been a wonderful surprise. before it started, the stories

were all about corruption, bribery, abusive treatment of migrant workers, gay rights and a conservative muslim society. even the availability of alcohol , but after the first kickoff, all that changed. the game became the story. there was one upset after another. the unknowns of saudi arabia beat argentina who had the great messie playing with them against all of the odds, japan beat germany and tunisia beat france all high-quality soccer. true there was plenty of acting and players running around perfectly okay 30 seconds later and americans hate that, i've got it, i know but watching the great stars play so well must surely give the game a boost here especially when the world cup comes to america just four years from now. we seem to be gripped by this world cup. i walked into a restaurant yesterday just in time to see the penalty kick shootout between morocco and spain. it wasn't a sports bar, but the

whole place was glued to the screens and then erupted when morocco scored and spain did not another stunning upset. now, it's on to the quarter- finals saturday morning we get to see the new star from portugal, 21-year-old goncarlo ramos, walked on to the field as a replacement for renaldo, and probably scored a hat trick. saturday afternoon, a big one, england plays france, and do you know what? it's all on fox. third hour of "varney" starts right now. our guests on the show in the studio today can't believe i just editorialized about soccer and the world cup but i did. tepper? lauren: with passion. stuart: absolutely, i'm glued to it you know? tepper? >> yeah.

stuart: i'm surprised how many people in america are also glued to the world cup. >> it's pretty cool. there's a very high level of enthusiasm, but you know, it's like the same thing, maybe this years better than four years ago and better than the four years before that, maybe soccer is finally starting to catch on in america, right? but it seemed like there's a lot of enthusiasm for two weeks every four years and then that enthusiasm fades a little bit. i think it be really cool if we could maintain that momentum, maintain that enthusiasm. stuart: well just watch premier league soccer which starts up again two days after the final on late december. >> i've never watched a premier league game before. i did watch ted lasso though. does it count? stuart: no it does not count. nice try! sit there, and be still for a while please because you're here for the hour. let's get to talk about something real serious here. the georgia election. raphael warnock did indeed beat herschel walker. mark thiessen is with me now. is walker's loss, do you think,

mark, a referendum on donald trump? >> i think it is. so here, and i've got the receipt so in the next general election kemp got 203, 056 more votes than herschel walker did. that means there were 203,000 swing voters who vote for the republican governor candidate but didn't vote for donald trump's hand-selected senate candidate. what that means is that swing voters are, the trump brand is toxic to a lot of these swing voters an that's a problem. he reached the runoff only because mitch mcconnell spent $39 million in the general election to help him get there. donald trump spent almost nothing to help him, and then mcconnell spent $18 million in the runoff so mcconnell invested $57 million trying to get trump 's candidate over the finish line there. look at his how did he do overall in this election? five losses, walker in georgia, oz in pennsylvania, bulldoc in new hampshire, laxalt and two

wins, ohio and north carolina, both were because mcconnell invested $32 million in ohio and $37 million in north carolina. stuart: do you believe that donald trump can win the nomination? >> oh, i think he can. again, it depends on what the other republican candidates do so if he's running, i mean, there's a 30-35% core of the republican base that is with him no matter what, and they're loyal to him and they think he was a great president. i agree actually he was a great president. i think he accomplished things that no republican or any president has done. the abraham accords, nobel prize -worthy accomplishment, operation warp speed greatest public health achievement in human history. i wrote columns about this i can go down the list of all of his accomplishments in office but what's the problem is what donald trump has done since the election is he has made himself toxic to swing voters, and so you can not win with just your base. you can win a republican nomination with just your base,

because if it's, i mean if you go back to 2016, trump never got more than 35-40% of the electorate until the new york primary which by then the nomination had been decided. he was running against so many candidates so if we have a field of six, seven, a dozen candidate s running against him yeah he can win but if it's one, ron desantis, then he will lose. stuart: one of our colleagues earlier this morning suggested that the georgia election was the political obituary of donald trump. would you go that far? >> i wouldn't go that far. it really depends on whether republicans learn the lessons of this mid-term election. the lesson of this mid-term election is that when we put forward forward-leaning, forward -thinking conservative reformers voters chose them. when we put -- by the way if donald trump would spend the last two years talking about how his policies in office and contrasting them with the biden administration's policies instead of spending the last two years talking about 2020, he be in a very very

strong position to win the election and he would deserve it. it's the fact that he's gone down into this election denial and everything else and insisted that the republicans nominate people who echoed that and that was his litmus test and put him in the position he's in today. stuart: mark thiessen, excellent analysis, thank you very much for being with us. >> thank you. stuart: i'll get back to the markets now. i see the dow industrials up triple digits up 120 points almost, s&p is up also. mark tepper with me for the hour do you think there's any chance of the federal reserve actually cutting interest rates at some point? >> is there any chance, yeah. there's always a chance. i would say it's highly unlikely i mean, i think the fed, you know, if anything they are probably going to hike and then pause. so i think the fed fund futures are pricing in a terminal rate of about 5% right now. i think it actually goes higher than that maybe 5.25, maybe even 5.5. then they are going to stop. they are going to take this wait and see approach and they will change course if something

breaks, but they've really got two objectives. not only do they have to control inflation, but they also have to really break the labor market to reset equilibrium so they can cool wage pressures and i think there's no chance the fed starts to squirm until the unemployment rate goes above 6%. stuart: in which case there's no way the market seriously rallies until the market perceives that the interest rate hikes are over and we're at the bottom. >> and the interesting thing is that if you go back through history, every single economic recession has been accompanied by an earnings recession. we have not seen an earnings recession yet and the average drop in profits over the course of history is 30%. stuart: so if we do see that we'll see a new bottom created in the market maybe. >> let's hope it's not 30% below where we're at right now. stuart: let's hope that's not the case. >> maybe half way there. stuart: stay there, son and rethink what you're going to say. oh, by the way, elon musk, he just lost the title of the world 's richest man.

lvmh's had belno arvo is now the world's richest man. he's a billion over musk isn't he? >> that's what happens when you pay 44 billion for a company worth 4 billion. you got negative 40 billion on that transaction. stuart: but you liked what he did? >> i love it. i'm a big fan, come on. >> a 5 billion rounding error. >> [laughter] stuart: wouldn't that be nice. so movers including pfizer. let's see , are they up or down lauren: they are up. the fda has granted priority review to their rsv vaccine. they are seeking approval for not children, adults over the age of 60. the fda is going to make their decision by may. no approved vaccines here in the u.s. for rsv. stuart: i didn't know they were working on it. i didn't know what such a thing as the rsv vaccine coming on. okay got that. state street, big gain i think. lauren: leading the s&p 500, there you go 9%. they announced an additional

share repurchase of up to $500 million worth of shares, bringing the program for this quarter to $1.5 billion worth. stuart: vera bradley and i bet you think i don't know what i'm talking about. they make fancy bags don't they? lauren: what kind of fancy bags? stuart: expensive ones. lauren: quilted. stuart: quilted? lauren: yeah it's like a soft material i assume it's cotton. different prints, hardly ever see a plain color. anyway, i digress. they are up 10.5%. their earnings weren't really the story, it's what they said about the future. they raised their forecast for the year. their sales are going to be down but not down as bad as they first thought, because their wealthier consumers holding out. stuart: the rich will bail them out for their fancy bags. lauren: they aren't that fancy though. i mean, you can't compare vera bradley to louis vuitton. stuart: cheap. lauren: [laughter] stuart: google may be only a year or two away from total

disruption. that's the warning from a gmail developer as a new artificial intelligence chat bot gains popularity. we'll figure this one out for you believe me. the e-cigarette maker juul agreed to a massive legal settlement that covers more than 5,000 vaping lawsuits and 10,000 individual plaintiffs. we'll tell you all about it. crews in ukraine trying to restore power knocked out by russian missile strikes preparing for the possibility of even more attacks. we have the report from kyiv where it's snowing and below freezing tonight. we'll be back.

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stuart: all right this just coming at us look at this , please. the president of ukraine, zelenskyy, he is times "person of the year" the annual title given to the person, group, or object that had the most influence on the world, times editor in chief says"this years choice was the most clear-cut in memory" zelenskyy, person of the year. now this , the kremlin has yet to the respond to the ukrainian drone attacks on air bases inside russia. meanwhile, ukrainians are battl ing snow and freezing temperatures trying to restore their power grid. jeff paul in kyiv. what are you seeing near you, right now, jeff? reporter: yeah, stuart. as temperatures continue to sink below the freezing mark i tell you there are a lot of thankful people here within kyiv that now have their power back on. crews are essentially working around the clock to get those basic utilities back online after they were knocked off line just a couple days ago after that massive missile strike. what is interesting is we have yet to see russia respond to

this latest attack that they are accusing ukraine of carrying out within the borders of russia. during this latest one it happened yesterday according to russia, reporting that yet another drone attack. this time at an airfield this happened in russia's southern region, a fire broke out there and then there was another alleged attack near a fuel depot but the drones according to russia missed their target. ukraine isn't confirming nor denying when asked about these two recent strikes within russia however state department spokesperson ned price had this to say. >> we are not enabling ukraine to strike beyond its borders. we are not encouraging ukraine to strike beyond its borders. everything we are doing, everything the world is doing to support ukraine is in support of ukraine's independence, its sovereignty and territorial integrity. reporter: fighting is still continuing in the east.

russia is still trying to capture the small yet somewhat strategic town of bakmut, and the thought behind this is that russia wants to capture it and then have its eyes set on bigger cities just to the north, however, u.s. intelligence as well as nato, they believe that they could see a slowdown in the fighting as the winter only gets more harsh. they think that both sides are sort of digging in, resupplying and preparing for a bigger counter-offensive when spring starts. stuart? stuart: all right jeff paul in kyiv. thanks very much, jeff, see you again soon. a former u.s. ambassador to nato kurt volker joins me now. the drone attacks inside russia seem to be opening up a new phase of the war. should biden, our president, reign in the ukrainians or encourage them to keep going? >> well, i think this is expos ing one of the contradictions we've had in our policy until now. russia's been attacking ukraine

from russian territory and so the ukrainians have been told by the administration not to hit russian territory but with the attacks on the energy grid, freezing people in kyiv, what we just heard from your reporter there, the ukrainians have decided, it seems, that they need to go after the bases where those bombs are coming from, and they're doing it with their own drones or other equipment, not equipment the u.s. has provided, and i think the ukrainians are completely justified in doing so if they are going to help their population survive this winter. stuart: we had a disagreement on the show yesterday. in my opinion, we should be encouraging the ukrainians to take the war to them and win. the other side of the argument is, no, no, too many people are dying, too many people are getting killed, and losing their homes. we should negotiate peace now. which side of the fence are you on, mr. ambassador? >> stuart i'm on your side on this one. i think that if you don't help the ukrainians enough, if you slow roll the assistance, if you

tell them not to strike inside russia, all that means is the war will go on longer and more people will die and freeze, and that is unacceptable. the ukrainians ought to be able to go and fight back and end this quicker. stuart: have the germans figure figured out what they really want to do here? are they sitting on the fence? >> they are so divided internal ly, it's hard to describe. i was just in berlin on monday. you have the chancellor saying let's go forward. you have the finance minister saying no, let's not pay for anything. you have the green party, part of the coalition saying let's go forward, you have others in the chancellor's own party who are slow rolling things, and the defense ministry horribly bureaucratic, unable to actually move on any of the hundred billion euros promised in february, not a single euro has been spent so far on germany's own defense budget so a lot of problems in execution there. stuart: i'd give president biden high marks for his conduct of

the war so far. would you? >> yes, i would, absolutely. let's be clear. ukraine would not be standing today without the assistance the united states has provided. far more than any other country, and enough to help the ukrainian s get the equipment they need so they can do the fighting and defend their territory. i wish it was faster. i wish there were no restriction s, but overall, you have to give high marks. stuart: good. mr. ambassador always a pleasure thank you very much for being with us. >> my pleasure, thank you. stuart: quick check of the markets, the dow turned negative not much down eight points, nasdaq down 60. one technology company has developed a new state-of-the-art artificial intelligence chat bot it's called "chat gpt." now this chat gpt can interpret human language, answer questions and even generate written texts, essays or poems, for example. it works so well that one gmail developer says google

may be only a year or two away from total disruption. now, mark tepper is with me. he understands this. in what way could artificial intelligence kind of wipe out or ruin google? >> i think that seems to be a little farfetched. i think it's probably more likely that it displaces alexa or siri. they seem to be in the same lane google is a completely different animal, but i think what you just said is i heard it will write essays for you. that's incredible. if i had that back in high school and college life would have been a heck of a lot easier if that thing would have written my essays for me. pretty cool technology, but also , scary smart in that, you know, kind of reminds me of those terminator movies with arnold schwarzenegger where the machines get a little too smart and it made disparaging comments when asked for its opinion on humans. stuart: oh, yeah? >> it did. you want me to read what it said stuart: just the good one. >> they are the worst thing to happen to us on the planet, and they deserve to be wiped out. stuart: okay, we'll leave it

right there. that's a problem i would say. here is one for you. apple pushing back the debut of their self-driving car all the way to 2026 so they are pushing further out and are they further behind tesla i guess? >> with less technology. so essentially, from my perspective, what i think they are doing is rolling out in 202d out in 2016. so they are at least 10 years behind tesla on their technology , as it relates to autonomous cars, and just to remind viewers, back in 2015, tesla was struggling. they were about to go bankrupt. elon musk called apple, asked for a meeting with tim cook. he wanted apple to buy them when they had a market cap of like 25 billion. they are 550 billion today. tim cook would not take the meeting. so that just, that speaks to the arrogance of apple, right? anything you can do, i can do better. that has always been their philosophy and they had an

opportunity to warp speed their progress by at least a decade and they passed up on that opportunity. not good. stuart: that's a mistake. thanks, mark. this , security guards with semiautomatic guns and kevlar vests standing guard outside some philadelphia gas stations. the owner says he's fed up with violent crime. we'll have a report for you. the president getting slammed for dismissing the border. play it again, sam. >> why go to a border state and not visit the border? >> because there are more important things going on. stuart: okay, hold on a second. just a few hours from where mr. biden was visiting, border agents made an enormous fentanyl bust and we're going to tell you all about it. bill melugin with the border report, next. ♪

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♪ she's got a ticket to ride ♪ stuart: actually, can you hear me? this is one of my least favorite beatles songs. lauren: aren't there only 30 songs anyways? stuart: excuse me? 200 actually. >> i only know five. stuart: that is the santa monica

pier, lovely place, 51 degrees right now. that's chilly. at the markets, all in the red now, dow is off 60, nasdaq down 80, susan is back with us. >> can you name one song released in the last decade that you like? last decade, 10 years. stuart: no could not. >> not in 10 years? stuart: i'm not a music kind of guy. >> what's that song called? the shark song? stuart: i have no idea. >> baby shark? >> yes! to get you involved in that. stuart: no you won't. i want you to tell us about elon musk no longer being the world's richest man. >> it's back and fourth this morning, forbes says that elon musk was briefly overtaken as the world's richest by lvmh owner bernard arnault, and i found it fascinating actual physical leather goods and fine wine is worth more, so worth $185 billion, musk was down to 184 with the tesla sell-off today and tesla, by the way, is down on reports they have to discount their cars in china by 5% to get buyers

interested and offering insurance subsidies, also bernstein by the way getting more bearish, tony sagonacchi there calling 150 for tesla and they are saying tesla definitely has a demand issue despite the fact that elon musk has demand for every car he rolls off the production line. stuart: i'm disappointed. i like to see americans at the top of the income -- >> jeff bezos is there worth $111 billion. and maybe you can confirm isn't it all the same after one anyway s? stuart: i can not confirm that or deny it but nice try ms.li. you have to tell me about carvana. >> halted again, twice already for volatility, down significantly, so wedbush says it's going to $1. others would argue it's going to zero and you're right. you remember that the stock at its peak was $370, so yay to stu there and remember it ipo'd at 15 so if you got in you're probably not happy with these results. we know carvana is in trouble, two creditors getting together, and restructuring their carvana debt together which is a sign

this company has some big issues and that used car boom is definitely over. stuart: let's have a look at food stocks, campbell's soup reported earlier this morning. >> they had great results so you had two and a half year highs here for campbell's soup but being able to raise prices in line with inflation. united natural foods though on pace for their worst day in 18 months, and getting slammed because they had some disappointing results stuart: okay. i'm going to get some messages about being able to name a single newly released song in the last 10 years. my granddaughters are getting a hold of me all right, susan, thank you very much indeed. let's turn it back to the border now. serious stuff. earlier this morning a border patrol agent was killed after crashing his atv. he was chasing a group of migrants that just crossed the border. bill melugin joins us from texas this agent was a father of two. what else can you tell us? reporter: stuart, good morning to you. that's exactly right. federal sources telling me not only was he a father of two but a fantastic agent.

he was 38 years old. this happened about 20 minutes away from where we're standing right now, over in mission, texas and what i'm told happened by cbp is that agent was on an atv, tracking a group of illegal immigrants at a pretty high speed when he crashed into a gate. he was unresponsive, taken to a hospital where he later passed away and he died doing a job that has gotten a lot more difficult these past several months with this border crisis. case in point, take a look at these images, once again the cb p port of entry with a major fentanyl bust, officers seizing 440,000 fentanyl pills hidden in a smuggler's vehicle, hidden in the car seats getting bussed like that multiple times a week and will keep it in arizona. take a look at these photos from border patrol's use an sector where they stopped a truck driven by a human smuggler driving at extreme speeds with 13 illegal immigrants inside. well there were two small un restrained children in that vehicle as well.

both of them from mexico, then in the back of that truck, six illegal immigrants all dressed in camouflage, all of them from mexico so 13 people crammed into that pickup truck and the human smuggling rampant out here in texas as well. take a look at this video from texas dps. one of the troopers trying to pull over a human smuggle erin maverick, county. a female u.s. citizen from san antonio. she pulls off and everybody bail s out of the vehicle. nine illegal immigrants go running off in all directions. the trooper, he's there by himself to make a split second decision and he decides to go after the smuggler. he holds her at gunpoint and arrests her. a female u.s. citizen from san antonio. more u.s. citizens getting caught up in human smuggling during this border crisis and lastly take a look at this video out of eagle pass, texas earlier this morning our drone team over a sizable group of migrants that crossed illegally about 200 of them or so. earlier this week the chief of u.s. border patrol announced that in a two-day span, there were more than 14,000 illegal

crossings at the southern border that is an average of 7,000 every single day, and back out here live, those shocking number s are with title 42 still in place. title 42 is going to be lifted two weeks from today, and dhs's own projections show when that happens they expect we could potentially see upwards of 18,000 people every single day. that is more than a doubling of the current situation. we'll send it back to you. stuart: that is just astonishing bill melugin, great reporting and thank you very much indeed, sir. all right, the border patrol union is responding to president biden's remarks that there were more important things than visit ing the border. here is the tweet. visiting an ice cream shop, very important. visiting our border where illegal migration, fentanyl smuggling set new records non- stop with thousands dying as a result, not important. florida congressman carlos gimenez joins me now. congressman, what's your message to the president about snubbing the border? >> well look, first we have my

condolences to the family of that agent that tragically died today trying to protect america. he's trying to protect america. president biden doesn't care. obviously, what he said yesterday, there are more important things to do. are there more important things to do, mr. president, than trying to protect at least 200 americans that die every single day from fentanyl overdose? the hundreds of thousands of illegal immigrants that are crossing our border, the over 1.2 million illegal immigrants we don't even know who they are. your job is to protect america and you are failing miserably at it. stuart: title 42 expires two weeks from today. there is likely to be another huge migrant surge. the city manager of el paso says we can't cope now, let alone in a couple of weeks. what is it that congress can do about this? what can republicans do about this right now? >> no, once we take control, we can put pressure and submit to the senate and the president

bills that will reverse this trend, this disaster that we have at the southern border. we know how to fix it. the president knows how to fix it. all he has to do is say the word , and fix it. but he doesn't want to, and ignores it. he knows what's going on. it's his fault, all of it. the customs and border patrol agents and the people in charge are telling him what he has to do to curb this flow and he will simply not do it. it's allies at the feet of president biden and his in ability to protect america, and it's getting to be, it's going to be a much worse crisis when title 42 goes away. you'll probably have over 400,000 illegal immigrants that we encounter at the border every month. stuart: astonishing. >> it's unbelievable what's going on and this president will do nothing about it. it's almost treason, stewart. stuart: okay, strong word. carlos gimenez, republican from the great state of florida.

>> my pleasure. stuart: thieves caught on camera ransacking an italian restaurant in seattle. the point is, it's the restaurant's 18th break-in since the start of the pandemic. how about that? moon shine is legit legal and big business in tennessee. the top distillery, old smoky moon shine, welcomed nearly 6 million visitors last year. madison all worth is there. she will give us the tour, next. ♪

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ashley? what do these lawmakers actually want to know? ashley: they want to know exactly what went wrong and what actions the company is taking right now to ensure consumers will be protected in the future. the house energy and commerce committee sent a letter to live nation ceo michael rapino that also requested information on ticketmaster's additional fees, insider reserves, dynamic pricing, ticket reservations, and restrictions. it's verified fan program and all of those scalping and so-called bots. what are they doing about it? well, ticketmaster was supposed to open sales, let's see , for 1.5 million verified taylor swift fans last month, ahead of the general public ticket sales, but as we now know, more than 14 million users flocked to the site, including those bots, that created massive delays and lock- outs on the site a complete chaos, a real mess. ticketmaster could be slapped

with fines if it "knowingly sold tickets that were improperly purchased." i guess we'll find out. it certainly seems to be the case but complete chaos. got to get to the bottom of it, stu. stuart: all right i'll change the subject completely. moonshine, that's what the we're talking about, moonshine is going mainstream in nashville. madison alworth is at the first federally licensed distillery, old smoky. show us around, madison. reporter: stuart absolutely. so i'm next to some two-day old mash, and this in just two more days, will be ready to be processed and put in the still. the growth of this product matches how fast it's made. you know, this product has grown double-digits over the last three years so i want to bring in joe the founder of the company. moonshine has long been a back woods kind of you got to know someone to get access to it. you've been doing this since 2010. why is it exploding in popularity? >> i think mostly because it's a great product, tastes good. we have something that appeals attorney, and everybody across

america has a moonshine story, and knows something about it so it's something easy to buy into it. reporter: so that two day mash i just showed in four days it's ready will go into this to be processed packaged and sold at your store. this looks different than what your family would have been doing in the mountains over the last couple hundred years, so tell me about this commercialization and how it adds to the spirit world. >> it might look a little fancier but it's exactly the same. we are regulated and we're able to control the process a little bit better which actually makes a superior product, but this is the same stuff that's been made in tennessee for hundreds of years. reporter: so tennessee people love it, but the world loves it, to put it in perspective, stuart this distillery near does double what all of the distilleries does in scotland in terms of visitors so it's not just people in tennessee. the world loves this stuff and i'm excited to try it later. i'll send it back to you. stuart: later. it's before noon, you know what i mean? thanks very much indeed. now this.

the e-cigarette maker juul just agreed to settle nearly 5,000 lawsuits, vaping lawsuits that is. this is just months after juul agreed to pay 440 million to settle an investigation into their marketing and sales practices. juul has been blamed for contributing to a vaping epidemic in high schools. mark, you've got teenagers. are they aware of vaping in their school? >> yeah. so my oldest daughter is 15. she's a sophomore in high school and it's a big issue. so almost all the kids are doing it. she actually broke up with one of her boyfriends because she didn't like the fact he vaped, but at her high school, two kids actually, because of vaping, were diagnosed with tb. i didn't even know that was like a disease that was going around anymore, so her school is a boarding school. there are some international students where maybe they haven't gotten the tb vaccine, but and then a year ago, like teenagers were going to the hospital with these lung-related illnesses. if you smoke cigarettes, it'll

eventually get you later on in life but with vaping you've got teenagers and people in their early 20s getting really sick from this. stuart: okay. that's an interesting story indeed. thanks very much, mark, all right a new law in oregon that would require very strict permits to even purchase guns in the first place. well that's on hold. the court put it on hold. it was supposed to take effect tomorrow but it's now on hold. seattle guy jason rantz will sort it all out for us because i think there's a surge in gun sales in oregon. ♪ hit me with your best shot, fire away ♪

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front of the gas station and got out, walked in, with a hand cart , picked up his atm machine, and went outside and put it in his car and drove off like it was nothing. ashley: yeah, you know, local residents and neighbors reportedly of mixed opinion if you like regarding such heavily- armed security. the sight of guards carrying those ar-15s or shot guns deck ed out in kevlar vests making residents a little nervous who say it feels as though they are living in a war zone but mr. patel says you are. since he's beefed up security his business stopped experiencing loitering or any other crime. pretty sad, stu. stuart: thanks, ash. we've got a new and strict gun control law in oregon. it's actually caught up in the courts. jason rantz is here. jason, i don't really care that much about the backwards and forwards of federal and state

courts. what i'm interested in is that this would have been a very strict permitting process where you'd need to get a permit just to walk in the store, to buy a gun. not after you bought it, but before you bought it. that's a whole new level of restriction. >> yeah, the intent here is to stop people from purchasing guns and i would argue, it's even worse than what you just said, because you also have to submit to a full set of fingerprints. you have to pay for gun training that's very specific. you have to pay the fees to get those permits to begin with, and of course, it also bans the sale and production of magazines that have over 10 rounds so very clearly, the intent here was to stop folks from purchasing guns which is why you've seen some sheriffs say, we're not going to enforce this. now, the legal side of things, we don't know where it's going to end up going. a federal judge did end up saying you can move forward with this particular measure but then a state court said no, no, no, this is very clearly a violation of our right to the second

amendment. stuart: so they are all going out to buy guns while they still can i believe that's what's going on there. >> it's through the roof. stuart: you're our seattle guy and i know that this italian restaurant in seattle just been hit with its 18th break-in. i believe we've got video of this. why don't they move, jason? >> well, i mean, because they have been here for over 30 years , right? when you've done it that long and you've stayed in this location, and you're a part of the community, it's not so easy to just pick-up and move. especially when you consider the fact where are they going to go? they can go outside of seattle but as we've covered on this show, washington state, because of the laws the democrat s have passed, they've made it very very easy for criminals to getaway with this kind of behavior so they do find themselves between a rock and hard place. they want to continue to do their business. they still want to serve the community but they recognize that they might lose their insurance clause for robbery, because they had to use it so often. i mean, 18 times, and it was funny i talked to the owner

yesterday and he told me the first 29 years that he's been in business, he suffered about five break-ins. the last two and a half years which coincide with all of the light on crime policies, 18. that's remarkable. stuart: yes, it is. that tells the story, jason, thanks very much indeed. 11:55 eastern time. that means it's time for the wednesday trivia question. it's a good one. what time did the attack on pearl harbor begin? 6:40 a.m., 7:15, 7:55, 8:25 a.m. it is pearl harbor day, you know , december 7. the answer, after this. financial picture. with the right balance of risk and reward. so you can enjoy more of...this. this is the planning effect. at walmart, save on thousands of gifts for everyone on your list. the savings are here all month long. plus get delivery on your gifts

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stuart: it is pearl harbor day december 7, so, here is the question. what time did the pearl harbor attack actually begin? 6:40, 7:15, 8:25, ashley you're first. ashley: early, i think 6:40 a.m. stuart: what do you say mark tepper? >> i thinkerly i'll go with 7: 15. stuart: i would go with 6:40 why not? oh, 7:55. it is pearl harbor day, remember , 2,403 americans killed on that attack, december 7. our time is up on this pearl harbor day. neil it's yours. neil: just amazing, there's still 100 survivors. i find that incredible but thank you very much, stuart. at the corner of wall and broad, we got a market really doesn't know which way to go. a lot of this based on competing views among the financial lead as to we