>> i do think that there's a cover-up going on when they knew just before the election that they had classified documents, they didn't tell anybody until almost two months later. why? that's a cover-up. we take this very seriously, says the white house. yeah, right. none of us believe that. >> i think this whole story of

classified documents is hurting mr. biden politically and yes it hurts his agenda. >> we think we're in the midst of a big secular bull market. earnings are not going to drop as much as everybody thinks plus we aren't going to see this big spike in unemployment. >> it seems to me there's a whole lost of waste in a $6 trillion budget you could get to to solve this problem off the top. >> i would like to cut trillion s of dollars. it's get down, roll up your sleeves and let's tackle the problem. ♪ stuart: rather frantic music, wouldn't you say? lauren: that's right. uh-huh. stuart: all right it is 11:00 in the morning and it is tuesday, january 24. we have a turnaround for the dow industrials down over 100 and now up 15. not much of a loss for the nasdaq down 10. virtually no loss for the s&p down four points.

look at big tech. we had a mixed picture earlier. it's still a mixed picture, but we do have meta and apple up, microsoft, amazon, alphabet down the 10-year treasury yield where is it now? still around 3.5%, it's below 3.5%, 3.48 to be precise. now this. what is this? tax the rich month? in the last 10 days, legislators in new york, illinois, hawaii, minnesota, washington, and connecticut, democrat states all , have proposed various ways to make the rich pay more. the most pernicious and evil proposal comes from california. they want to tax wealth. that's always their response on the let. raise taxes. they are going after the value of rich people's assets. stocks, bonds, houses, land, farms. it be an annual tax on people with more than $50 million worth of assets and they would have to pay even if they left the state.

it's like an exit tax. this is no way to end the california exodus. 340,000 people left the state last year, with most heading to texas and florida, where there is no state income tax at all. you know, they aren't talking about wealth taxes in austin or tallahassee, are they? can you imagine the headache of calculating the value of your house or business or your stocks every year? when would you make the calculation? what's the date you evaluate it at? imagine how many tax board employees the state needs to track down the money but the left doesn't care. they've taxed income to the hilt now they want into your capital and you're wealth, the capital that you have built. it's the way socialists think. you've got more than me. that's not fair. hand it over. now. third hour of "varney" just getting started.

and look whose with me this tuesday morning. kennedy, the far end of the desk , thumbs up, got you. do you think a wealth tax is evil? i do. >> of course it's evil. it's completely immoral and unconstitutional. stuart: is it unconstitutional? >> yes it is because you can only tax people for what they earn, not what they are worth and i hope there are massive legal challenges to this tax in california. now in los angeles alone, they passed a new measure, where people who sell their home over $5 million they get taxed 4% on top of what they already have to pay. it's a mansion tax, but in california, especially on the west side, a four bedroom house about 3,000 square feet. that'll cost you 5 billion bucks so what are people going to do? they are going to raise the price of their home in order to recoup that. that means it's going to be even more expensive to buy a house in los angeles but they do. they demonize wealth to their detriment because their tax base is leaving. they had a massive surplus, and

now they are running a deficit, because they have invited massive corporations like hewlett packard and tesla to leave, and you know what you can hear as places like washington and hawaii and california are going after the rich? you can hear the celebration in florida, nevada, tennessee, and texas, because they are waving people into their state. they have no state income taxes in those states, and they celebrate wealth because prosperity lifts people out of poverty. stuart: socialists don't mind about driving people out as long as they get a piece of their money before they go. >> yes. stuart: that's the way they are. something different for you. vice president kamala harris heavily criticized for leaving out the right to life when cit ing the declaration of independence. watch this. >> we collectively believe and know america is a promise. it is a promise of freedom and liberty. not for some, but for all.

we are each endowed with the right to liberty and the pursuit of happiness. stuart: what happened to the right to life, kennedy? >> oh, she can't say that. she's abortions greatest cheerleader but unfortunately by her logic those rights actually extend to the unborn, and that is inconvenient for her. i think if she were more sophisticated and tactful she could make the argument that she likes to make for which she is a champion but here actually she falls flat, and they also don't want the right to life extended to everybody because a lot of their voters are already dead. stuart: yes, okay, you've got it i do understand that, but look. in the mid-terms, the abortion issue played very much for the democrats. >> it did, absolutely. stuart: what vice president harris is doing is encouraging more of the same. >> yes, but unfortunately --

stuart: she's a politician. >> the way abortion is being sold is very similar to the way socialism is being sold. it is being shellacked and sold as , you know, a reproductive discussion and reproductive rights when actually no matter how you feel about it, it's pretty dire and the same with socialism, like it's being passed on as redistribution is actually moral. this is social justice. this is economic justice. no, it's not. it leads to horrible quality of life and people very soon are going to look at that and say i don't want to live in a world like that and i think we're already seeing that shift, but yes, it was a bill of goods and a lot of lies sold to younger voters who actually can be activated. republicans and conservatives should take note and maybe they should sell some of their chief issues, namely economic prosperity and liberty, better to younger voters. stuart: kennedy, thank you very much indeed. >> good to see you. stuart: we are watching your show called "en eddie" tonight at 7:00 p.m. eastern.

back to the markets, please, a mixed picture again dow is up a fraction and nasdaq and the s&p down fractions as well. i want to talk about microsoft. let's bring in market watcher of this day and this hour i should say mike murphy. all right, i think this is a very interesting and important report. not just because i own some microsoft stock but i think you could take down the whole market or make the whole market. am i going too far? >> i don't think so, stuart. i think you're right there but if you look year-to-date, you know, you can look at companies like tesla that's up almost 20%. you can look at companies and that's just in the month of january. look at companies like nvidia. look at companies like netflix that have already had a huge move yet microsoft is sitting here basically flat up 1% year-to-date so i think what that's telling you is people want to see this earnings report and how they did in the last quarter. they also want to hear what they are looking for in the coming quarters and the rest of the year. stuart: it's the call isn't it? they get on the call. that's the big deal.

>> the call will have a big impact but the setup hasn't run up 20% into this print, so i think when the earnings come out , as long as it's good, decent, it sets up for the stock to move higher which would help the market. stuart: when i'm watching at 4:00 in the afternoon or whatever the time is, i expect to see rapid price movement as the computers read the headlines, so if there's certain words in the headlines from microsoft's report, the computers react, you know, the volatility is extraordinary. i wouldn't be buying or selling the stock until everything is settled down. am i right? >> absolutely right. stuart: you've been in there trading i'm sure. >> well no the day i can beat the computers and outsmart the computers i may be calling in from the beach so for anyone really at home you may see up 3% or down 3%. that's fine. i can tell you this. microsoft i believe will be a better company and a higher- priced stock at the end of this year than it is today so if you want to own microsoft, keep owning it. don't try to trade it because it

has a whip high or whip low or based on computer trading after one earnings report. stuart: okay, stay with me, please for the entire hour. you're glutton for punishment but it's good to see you. some movers being watched by lauren we'll start with 3m. lauren: down 5%. fourth quarter sales they fell by 6%. there's a demand slowdown particularly in the consumer unit ordering fewer things like notebooks, air purifiers the list goes on so 3m is cutting 2,500 manufacturing jobs so they can realign production with where demand really is. economic slowdown in the industrial sector. stuart: we were talking about lululemon earlier at some length about their spandex as i recall. the stock is down nearly 3% tell me why it's down. lauren: reality check. bernstein came out and said good times are over. they saw five straight years of sales growing 25-plus percent. that's not happening anymore. are they still growing? yes. i've also noticed as a shopper more discounts more sales at lululemon. they used to be known for historically really not

discounting that much. they are starting to. bernstein is slapping them with a $290 price target. stuart: okay, d. r. horton, homebuilder. lauren: they are stronger profits. good things in this report were demand still out paces supply and prices are still relatively high. it's not all great, the order flow is slowing. net sales were about 21,000 last year, they've fallen to about 13,000, so the sales pace is slowing by about 40%. stuart: all right and then there's this. calls growing to ban rapper ye from setting foot in australia. critics say his anti-semitism comments warrant extreme consequences. eminem replacing major backlash over their woke makeover. they just tapped a new spokesperson, we're on it. in florida governor desantis announced legislation that gives more power to the teachers. we're going to break all of this down, as the third hour of "varney" rolls on.

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cosentyx can help you move, look, and feel better... by treating the multiple symptoms of psoriatic arthritis. don't use if you're allergic to cosentyx. before starting...get checked for tuberculosis. an increased risk of infections some serious... and the lowered ability to fight them may occur. tell your doctor about an infection or symptoms... or if you've had a vaccine or plan to. tell your doctor if your crohn's disease symptoms... develop or worsen. serious allergic reactions may occur. watch me. stuart: the supreme court is likely to take up a case of whether schools can require students use restrooms based on their gender at birth rather than their gender identity. ian prior is with me something of a crusader in education. ian, this will surely be a landmark decision if the court rules kids must use the bathroom of their original gender. big deal, right? >> this is absolutely a big deal, and look, when we're talking about the case law in

this area, the case that really set the precedent before came in 2020 in the fourth circuit where the court said that, you know, a student had an equal protection in title 9 right to use the bathroom of the gender with which in this case a biological girl wanted to identify with. last month the full 11th circuit said no not in this circuit we feel and we believe with a very well-reasoned decision that title 9 requires it to the extent it has sex segregate segregated bathrooms, and there is no equal protection right, because the school acted properly in having a policy segregating bathrooms by biological sex so now what you have is a split in the federal circuits making it right for the supreme court to undertake this case or any other future case that may challenge this issue. stuart: you think they will rule that kids must use the bathroom of their original gender. you think that's where the supreme court is going to rule? >> yeah, i certainly believe

that the supreme court would rule that way. i think the 11th circuit decision was very well-reasoned. we've had other cases that we've seen at the district court level with similar rulings as the 11th circuit, so what i think you're going to see is if this case gets appealed the supreme court will rule that to the extent schools have sex segregated bathrooms by biological sex and the governmental interest in protecting the privacy of other students outweighs the individual students desire to use whichever bathroom they want. stuart: it is a big deal. all right, ian another one for you. a new government report claims that school uniforms are a civil rights concern. what exactly is the concern, ian >> well that's a great question and you're seeing this really all throughout the country where schools are reducing discipline. they are reducing measures to enforce discipline. now uniforms are one way of having discipline, of making sure that everybody is following the same rule and by reducing

these disciplinary measures what you're doing is putting the teachers in a very difficult position, so what they are doing throughout the country is saying well if there's a discipline rate that is different between racial groups, we need to get rid of certain offenses. here what they are doing with dress codes apparently is saying these are racist or they are non-inclusive so we're just going to get rid of dress codes altogether and get rid of uniforms all together and let the kids do whatever they want and that creates real problems not just for teachers but for students and parents. stuart: you sometimes wonder which country you're living in. ian, one more for you governor of florida, ron desantis proposes a teachers bill of rights. watch this , please. roll it. >> you should not have the school be a focus of school union politics. keeping the teachers and their salary increases hostage for other issues, i just think is wrong. stuart: it seems like he's really going after the teachers unions here. these changes, if enacted and

they will be, would make the unions less powerful, right? >> absolutely, and i think that's an important consideration. i mean, we have these discussion s about schools. we're talking about students, we're talking about parents. we also need to talk about teachers. teachers are the ones that actually deal with parents and students on a daily basis and they are being put into very difficult positions, whether it's from the administration with curriculum, sel, critical race theory, keeping secrets from parents or union pressure, which is largely politicized. teachers are not all one in the same. they have different beliefs. they have different teaching styles and those should be respected and i think the more teachers that we have that are able to teach in the way that they deem appropriate working with the parents and not subject to some union rules or what the administration is demanding is going to be better for everybody. stuart: do you think there's ever a chance that we might de unionize the public schools? they were only unionized by executive order in the early 1960s. i mean, i think it be a wonderful thing if we de

unionized. do you think it's possible? >> well, you know, if it is possible, it's going to happen now. what we've seen over the past several years is really parents stepping to the plate and getting involved in their kid's education as they haven't done before. they started seeing what was going on in schools. seeing how these administrations were operating, and for the first time, really in decades, you know, taking control of their own children's education, so the iron is hot right now for a lot of things whether it's school choice, whether it's pushing back on teachers unions and it needs to be seized today if we're ever going to get it done. stuart: let's do it. ian prior always great. thank you for joining us, sir, much appreciated. >> thanks for having me. stuart: m &m's ditching their spokes candies. the company argues they are too polarizing. lauren? how exactly is an m &m candy polarizing? lauren: we eat them in our family we have our favorite color, mine is yellow, my sons is blue, my daughter doesn't commit. why, no idea. they all taste the same.

we just pick our favorite color. one of my children says oh, i like the blue one because this is the character. this is the identity that mars, the maker of m &m gave that candy. but mars kept changing the identity of the candy. do you remember i had to do a story for you, because i really didn't want to do this? the green character see right on the right? she's in sneakers. she used to have go-go boots and that was considered too feminine , so they took off, mars took off the go-go boots and gave her a pair of sneakers and people are saying who cares. why are you putting personalities and identity in candy? they want too far so mars is ditching the campaign and they will have one spokesperson. it's maya rudolph, the actor, and she will represent the company. i don't give them enough credit that they said okay, going woke is a joke or we went broke whatever. i'm not buying that. they are doing this for the super bowl. they have a commercial and she

will be featured in it. stuart: mike murphy is sitting here. lauren: a lot of information on m &m. stuart: he's a market guy. you're not saying much. you want to say anything? >> i think when you look at these woke policies, stuart, that where people are so getting so bent out of shape over cartoon piece of candy wearing shoes or boots, if that's your biggest concern and your running a company, i don't want to invest in that company because it has nothing to do with the bottom line. it may offend one or two people on social media and if that's who you're trying to please, you're never going to please them because they are already on to the next thing that they feel is out of whack, whether it's bathrooms or candies with shoes i mean, it has to stop somewhere you need some sensibility, so as an investor, i don't want to invest in a company being steer ed by somebody whose concerned with woke politics. stuart: oh, that was good. very good. lauren: it's chocolate. don't make yourself out to be more than you are. stuart: speaking of which, are we going to do the chocolate

story? are we doing it? lauren: what is it? sorry. stuart: okay well i'll get back to it later. quick check of the markets, please. that really threw me, knocked me out. we're all down but not much. down six on the s&p, down 17 on the nasdaq, down six on the dow. virtually unchanged. the justice department is set to file an anti-trust lawsuit against google this week. hillary vaughn on capitol hill. what's the doj targeting, specifically here, hillary? reporter: stuart, the doj is closing in on google. bloomberg reporting the doj is set to file a lawsuit against google over anti-trust concerns. the lawsuit which could be filed as soon as today will reportedly zero in on google's digital ad business and its dominance in the industry. google's ad business is responsible for about 80% of its revenue. google is declining to comment but in the past the company said they do have competitors in the ad had sales market citing facebook, at&t and comcast as some others that they compete

with for ad dollarsment if this lawsuit is filed as expected this be the second lawsuit google faces. the doj is already suing them over what it says is a monopoly in search. that trial is scheduled for september. google wanted to avoid another lawsuit and has been reportedly trying to work with officials to come up with a compromise. the wall street reported in july that google had offered to separate its ad business peeling it off from google making it a separate entity under its parent company alphabet but it doesn't seem like that offer, if it was on the table, was enough to convince the doj to back off. stuart? stuart: all right, hillary, thank you very much indeed. tom brady clearing the air about his future in football. he's finally addressing the rumor mill and his response seemed just a little out of character. we're on it. the chief economist alt moody's says we stand to lose 6 million jobs and $12 trillion in household wealth if we default on our debt.

i'm convinced that's not going to happen. we'll talk to stephen moore about it. he's next. ♪

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♪ i don't care too much, money can't buy me love ♪ stuart: is that your angle or answer mike murphy, money can't buy me love? >> i'm good in the love department, thank god. happily married for 22.5 years. stuart: i don't care too much for money. i'll never say that again. that's the statue of liberty. beautiful. it's a nice 40-degree temperature out there in the sunshine. i like that. valentine's day a couple of weeks away. consumer reports wants dark chocolate makers to cut back on cadmium levels by the 14th. they tested dark chocolate bars and 23/28 contained harmful, potentially harmful levels of led and cadmium. this can result in nervous system problems, immune system suppression and kidney damage. my question is where is the fda on this? if it's so bad, doesn't the fda step in? i don't know. what a thing to put out right before february 14th.

>> is it the worst thing in the candy to begin with? i don't know. stuart: how about the sugar. check those markets, please. we now have a modest rebound. the dow is up all of 40 points and the s&p is up two. sorry s&p is down just a tiny fraction. let's bring in, what are you laughing at? >> call it flat. i don't know why you're calling any market moves today. stuart: you're right right it's flat: i want to know about apple's virtual reality headset. >> we all want to know, it's expensive so tell me if you'll shell out $3,000. so you'll get external cameras, that track your eye and hand movements and it's virtual and augmented reality so augmented reality, it's like an overlay of data or graphics on what you're seeing right now. have you ever watched terminator that's in the 1980s, stu, those movies but yes, so something like the data printout that you get in those movies and what those

robots see , so reports say that this new apple headset will be announced in the spring, early summer the worldwide developers conference start shipping in the fall and this be apple's first new product category, since the apple watch was released eight years ago almost in 2015. now it's a premium price point so apple doesn't expect to sell a lot maybe a million at first according to bloomberg they will take the losses at first but then they get people on to that platform then they get a little sticky and they will stay so compare that 1 million is small compared to the 200 million handsets they sell each year, only in the beginning because apple has all really the right components because they make their own chips, they have their own content, apple tv plus and it's good enough according to a lot of analysts that supplement this type of headset release, so think of this like a 3d version of your iphone or mac books, imagine having virtual calls on the future, face time calls with me as an avatar and stu having these meetings in the future. wouldn't that be interesting? stuart: do we have to wear those goggle things? >> yes, that's why they are

called headsets stu. stuart: have they solved the sea sickness problem? >> if someone is going to solve that problem it'll be apple. also they have the content, apple tv plus, also negotiations with long time apple collaborate or bob iger at disney, of course and so it's going to start at 3,000. you have a nextgen, second generation headset already in the mix apparently in production , that'll cost $1,500. stuart: it's a wonderful story. i'm very interested but i just don't see loads of people walking around with those goggles on like this. i just don't see it. >> if you add it to the crime story like in the big cities, try walking down the street with a $3,000 pair of glasses on. see what it does then. >> but also back in the 1980s when you were using bricks to make phone calls you didn't think that you'd have a 5g- enabled computer in your pockets either so times change. things will evolve throughout the time. it's $100 billion total address able market by the end of this decade, tam, in case you want to know what the acronym is

and some say if someone's going to overtake in this category, it will be apple over meta which is spending hundreds of billions of dollars as you know. stuart: if anybody says anything bad about an apple product you can rely upon susan to go all-in >> that's not true. that is not true. well if anybody says anything bad about microsoft we can depend on you. stuart: they are out of here. >> let me get in the middle here. so look at meta and meta had these, their own virtual ar/vr glasses we bought for our kids. >> oculus. >> they are in a box used for a week. never used. i don't know how the company is doing. >> silicon valley insiders say if someone owns this category, it will be apple over meta and by the way i've spoken to apple and they say we do not comment on future product releases. stuart: susan we take it thank you very much indeed. mark zandy is the chief economist at moody's, he estimates we lose 6 million jobs and 12 trillion bucks worth of household wealth if we default on our debt.

stephen moore joins me thank goodness. can we be clear, stephen, absolutely clear, there is no way on god's green earth that we , america, will default on our debt. we're not going to do it, are we >> no, stuart, and it's shame on president biden for even making this claim that somehow america will default on its debt it will not happen. it will not happen on god's green earth. you're exactly right, stuart. so no investor, let me state it very plainly. no investor has to worry about these bonds not being repaid. these are as good as gold. no doubt about it. now, we are going to have a fight over the debt ceiling, no question about it, and you can see the numbers on your screen. this is why we have to have a fight. incidentally, stuart, when i first came to washington in 1984 , the debt wasn't 31.5 trillion. it was 1.5 trillion so what i'm saying to you is that we've added $30 trillion to our debt in some 35 years or so.

now, here is another point. let's say that for some that we're not able to reach a deal on the debt ceiling in time, and so the government can no longer borrow. that does not mean that the governments going to default on its debt. the people who will be paid the money that's coming in, it just means the government can't borrow, so the bondholders will be paid, people who have social security checks will get paid. it may mean some of the more irrelevant agencies of government maybe shutdown for a few weeks, but again, i'll say so plainly. i'm going to shout it out, stuart. there will be no default on the debt, period. stuart: but there will be a monumental battle in congress with a great deal of volatility in the market as the market tries to figure out what's going on. all that's ahead for the summer. last word? >> yeah, and i want to make another point though, stuart because this is a really important battle for the fiscal soul of this country and getting off this path to bankruptcy, that if we reach a deal, as we

did under bill clinton, as we did under barack obama, to try to control spending and bring that debt down, don't you think, stuart, that would have a positive impact on the markets? i do. stuart: yes it could well be. good point, stephen i'm out of time but thanks very much for being with us again today. good points all around. >> have a great day. stuart: yes, sir. the ceo of google, he's defend ing the company's latest round of layoffs. he says they helped avoid much larger issues, so what, the meeting though, he had an all hands-on deck meeting. i don't think it went well. lauren: it was a big cut, 12,000 workers, 6% of staff. some recently promoted so google workers are saying well what was the criteria that you used? how did you determine that so and so was let go? 12,000 people. this was the criteria. experience, relationships, i guess you have to be in-person maybe to have a relationship, productivity, did you meet your quotas but 12,000 people is a

lot, and some existing workers who were not laid off are now demanding psychological safety from their bosses because they are saying if you can't explain your criteria specifically for these mass layoffs how do we know that our job isn't going to go like that when you decide it's time to pivot what you're focusing on in this case it's to ai. stuart: what do you make of this a revolt from your own employees? >> so it's the world we live in right now so google like all big tech increased hiring to keep up with growth over the last few years. now, as rates have gone higher, growth is slowing. look at the stock prices, growth is slowing so they no longer need to keep up with the pace of hiring. a lot of the people they hired they no longer need there to keep up with current growth rates, so they are getting rid of some people. lauren: how do you know if it's going to be you? what kind of performance review gives you some assurance that you're doing a good job. stuart: you need the psychological protection from the boss. >> you'd like to think whoever is in charge will keep the people doing a good job.

stuart: so much for around the clock convenience. some chase atm's in new york city will close at night because of crime and homelessness. out of control. we're on it. the swifties rallying on capitol hill today as the head of live nation is grilled by the senate. lawmakers demand answers about the concert sales that had fans waiting hours or even days to buy tickets. the report from capitol hill is next. ♪ we got the house! you did! pods handles the driving. pack at your pace. store your things until you're ready. then we deliver to your new home - across town or across the country. pods, your personal moving and storage team. teeth sensitivity is so common. it immediately feels like somebody's poking directly on the nerve. i recommend sensodyne. sensodyne toothpaste goes inside the tooth and calms the nerve down. and my patents say: “you know doc, it really works."

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♪ stuart: that's the empire state building, a song from kanye west that's why we're playing the song, because there's a push to ban ye west from australia. the country's anti-defamation commission says ye should be refused entry because of his

rants and by the way this would also prevent ye hads from visit ing his new wife's home country. taylor swift fans planning a rally on capitol hill today. this is all about the ticket master fiasco from her tour. chad pergram is with me. all right, chad. what do the fans want? reporter: well, stuart, they are trying to shine a spotlight on anti-competition issues in the ticket industry. a website meltdown caused problems for ticket sales for taylor swift's tour. that's why senators are investigating, and even having fun with taylor swift lyrics. >> to be honest i had hoped as of a few months ago to get the gavel back, but once again, she's cheer captain and i'm on the bleachers. it was nice -- >> you're a little more than that. >> nice of taylor swift to have written a song about this very situation. reporter: that's a reference to the song "you belong with me." the government accountability office says fees makeup 27% of

the cost of tickets. the swift debacle spurred lawmakers to probe fairness in the marketplace. >> this is what led to a terrible consumer experience, which we deeply regret. we apologize to the fans. we apologize to ms. swift. we need to do better and we will do better. ticketmaster learned valuable lessons from this sale. reporter: the doj approved a merger between live nation and ticketmaster in 2010 an issue highlighted by the head of seat geek. >> venues fear losing live nation concerts, if they don't use ticketmaster and number three, the only way to restore competition in this industry is to breakup ticketmaster and live nation. reporter: live nation says it does not set ticket prices or establish fees. live nation says ticketmaster has lost, not gained market

share since the merger. stuart? stuart: okay. thank you, chad. see you later. tom brady is in the news. he's not holding back about his future in football. all right, what did he say? lauren: it was a very un characteristic response, frustration when he was asked again if he is retiring, we had a bleep a lot out. >> have any type of a timetable as to what you might want to do regarding your football career? >> jim, if i knew what i was going to do i'd have already done it. i'm taking it a day at a time. lauren: its been a tough year for tom brady. it really has. look, he's 45 so he considered old and his marriage just dissolved, and i think it's starting to show and now everybody is asking him. stuart: he lost a lot of money in ftx as well. lauren: exactly. he's got a lot of other partnerships but what do you think he does. does he retire? come on mike. stuart: mike wants in. >> he's the best to ever play

the game. he's hands down, he's a great investor, a great entrepreneur, a great story, his marriage did dissolve, he's a great father, and i've had the chance to invest alongside him to meet him a handful of times. he's a great guy and i think he will play next year. i don't nowhere it'll be but i look forward to watching him play. stuart: it just doesn't want to leave the game at this point. >> i think he keeps his body in great shape, so although he's 45 he works out, he eats healthy, and if he can do it again i think he's going to do it. he was in the playoffs this year he'll be back next year. stuart: show me the dow 30. it's a mixed picture i think pretty much half up, half down and the dow is absolutely dead flat. crime so bad in houston, small business owners some of them sleeping in their stores with shot guns. we're going to hear from a bar owner who was broken into twice in two days. she says the city isn't doing enough and she is fed up. we'll be back. ♪

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stuart: chase bank is going to shutdown some of their atm's

early in new york city. lydia hu is with me. all right, lydia. how early and why are they doing this? reporter: around five or 6:00 in the evening a pullback from the 24-hour atm access at some locations, and they are doing it over safety concerns. customers are not pleased when they notice their atm's are not accessible 24 hours a day. some taking to twitter to express their frustration and that's prompting chase bank to address their concerns and a response. chase bank tweeting the changes "due to rise in crime and vague that occurred in these previously 24/7 vestibules" and the bank also telling fox digital the closures are temporary for the safety of customer and employees. now, we asked, stuart, the bank which atm locations and how many would start to close early. well chase bank would not say. >> i don't think this conversation is at all to

jpmorgan. i think everybody is thinking about keeping their employees and their customers safe and doing what they have to do whether it's close atm vestibule s or change their hours of operation. reporter: and now, stuart, we know this is not limited chase bank. starbucks, for example, last year were forced to close close to two dozen stores across the country for concerns. mcdonald's making a similar move as well and walgreens addressing issues in northern california closing retail locations as well as wawa in the philadelphia area. as an example of what chase bank is dealing with, here is a tweet shared by the nypd just a couple of days ago. they are saying that they want to talk to this man. he's wanted for an assault after he flu coffee in a man's face during the early morning hours at this vestibule location just behind me located in midtown manhattan. we reached out to the nypd. they don't have an update on

this particular incident as of right now so it appears this particular man could still be at large. stuart: lidia thank you very much indeed. let's move to houston because there some small business owners are sleeping in their stores with guns and bulletproof vests because of crime. the owner of star sailor joins me now. mary, thanks for being with us this morning. you're in houston, texas. you're running a small business. what's it been like for you? have you been attacked? broken into? >> yes, we have. we actually were broken into twice in may in less than 48 hours. first time and then less than 48 hours later they got us, the hair salon, the nail salon, and then the second time, they got us, a hair salon, a nail salon, another small restaurant and another small restaurant, so eight break-ins in less than 48 hours. stuart: what's the city doing about this? >> so we actually banned together small business owners and went and talked to city council. what they informed us is that they are trying to ramp up on

security on more police patrol in our areas; however, we aren't really actually seeing impacts of that as we are still getting broken into on the daily basis. stuart: what is it that you want >> we're really want more support from our city. we do know -- stuart: more police? >> for sure. why not? but just resources from our city be great. stuart: if you don't get them can you stay in business? >> no. definitely not. if things like this continue to happen we won't be able to keep our door open for the longevity of our business. stuart: that's a terrible thing. i'm sorry to hear this. i didn't realize it was so serious. i'm sorry we're out of time. i'd like to hear more from you but you have our simi valley path it for what it's worth and we feel for you. thanks for joining us. >> appreciate your support. stuart: thanks for being on the show. much obliged. hard to go from there to the trivia question but that's what we're going to do. when was the department of homeland security created? >> i'm going with four.

stuart: [laughter] 185618981952 or 2002? murphy thinks that he knows the answer. so do i. so does lauren. we'll be back with the answer, after this. . . you'll always remember buying your first car.

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♪. stuart: all right, when was the department of homeland security created? i'm pretty sure i know this one. spinning it out a bit, murphy you think you know?

>> sticking with number four. stuart: number four. lauren? lauren: after 9/11, 2002. stuart: i guaranty you're right. 2002. of 11 days after the september 11th terrorists attacks. secretary tom ridge was appointed. it wasn't until november 2002 the congress made it a formal cab bet department. 2002 is the question. i better really update the markets really fast. not that much to update. we don't have that much movement. the dow is down 10. nasdaq down 11. s&p down six. i call that a pretty flat day. thanks for joining us for the hour, mike murphy. you were excellent as usual. that is it for "varney & company." today, "coast to coast" starts now. ♪. neil: here we go again. is it me or are these layoffs picking up steam?