it's the same old song, but with a different meaning ♪ stuart: oh, "it's the same old song" okay i'm not sure that's relevant to the indictment day two but nonetheless we're playing it. good morning, everybody. 10:00 eastern. to the money, please. i see green on the left-hand side of that screen dow is up 160, nasdaq is up 63, s&p up 19.

modest gains across-the-board. the 10-year treasury yield still right around 3.5%, 3.52 to be precise. the price of oil moved up a little, 75 bucks per barrel and bitcoin is holding just above $28,000 per coin. this is important. consumer sentiment, it sounds like a number but it really could affect the market. the latest on sentiment just in. the story? lauren: it's up. so this is the final number for march, the number is 62, down from 67 in february. expectations on current conditions, weaker expectations going forward, weaker, so, yeah. not the best mood out there. stuart: i'd call that a modest plus for the market, however, which doesn't mind the idea of a not too strong economy because of what the fed might do so he just moved up to a gain of 183 points on the dow up to 70 on the nasdaq. not a huge move, but we are up.

now this. district attorneys like new york 's alvin bragg have to decide which cases to prosecute. that decision rests on the seriousness of the case, and whether the prosecution serves the public interest. bragg's indictment fails miserably on both counts. number one, we don't know the exact charges yet but the grand jury investigated trump for a non-serious offense. he allegedly covered up a hush money payment, disguising it as a legal expense. surely, that does not justify criminal charges. bragg is deliberately exaggerating the offense, because he wants to get him. number two. the public interest is not served by hauling a presidential candidate into court in the middle of a presidential campaign, especially over a flimsy misdemeanor. this is not about the law. this is about politics. it's about trump hatred. democrats are salivating. they speak about accountability.

what they want is a spectacle, trump in the dock, sucking the oxygen out of republican candidates and corrupting the election. it's not inflation, not the border, not china, put trump on trial. they've weapon eyes did the legal system like the third world and when you look around that is what we look like under biden, we don't control our borders, the flood of fentanyl or the homeless or the criminals that alvin bragg is eager to go jail, the trump haters are showing their colors. it is a sad day for america. second hour of varney is just getting started. ♪ stuart: look who is here on friday morning, tammy bruce. howell ordinary citizens feel about a presidential candidate being indicted and put on

trial? >> you hear from them on social media, thank goodness now have a voice or can be heard, talk radio, social media especially those who don't like trump, there's an awakening about the fact that he has been right, that as martha mccallum said on fox news, something is not right. overall in the country, whether it is a chinese balloon traversing the country, an american reporter being captured in russia. a hostage switch, a prisoner switch for the basketball player, why wouldn't russia take another american to get a leg up. north korea behaving as though there's going to be war. saudi arabia and iran have a deal, china and russia making plans as we move on. our economy is in the toilet. the nature of americans, their confidence in the future is

going down. the sense of american values is declining as well. is this really, the trump hatred is a symptom of the hatred of the american value system, democrats are doing this, they never know when to stop but proves to the american people and this is what they see with georgia and the doj investigation this is a weaponization of the american system against a political opponent. if they are willing to do this to donald trump they will do it to everyone. we heard this argument and it is accurate. this is outrageous. whatever you think politically of trump this is going to remind the american people that all the problems we have stems from the democrats, nancy pelosi's statement about this, a right to a trial to prove his

innocence. the opposite of due process, justice brett kavanaugh, he did not deserve due process, that's a mockery, starts with of the rule of law. that is obscene it has to be stopped, and of other republicans think this is just trump, this is practice, it is practice against everyone else you may oppose including the american people and parents, practice. everyone. america could be at a tipping point, we are now in the american people have got to reject it. stuart: something is not right. that is a feeling a lot of people have whether it is the economy or the border, now an indictment of a former president, something is not a

right. this stems all the way from trump hatred. we have had 6 or 7 years of it. >> that is what pooled the curtain back. a symptom of a larger issue of the american left, the democrat party, loathing the american system and trump is a creation of the american system, a man who loves the american system and can strengthen it. that's what he did for two years he had and they find that something they don't want to return. stuart: i want to know if president biden had any input here. this morning he said to peter doocy no comment. i wonder if he had any input on this. >> they've always underestimated trump and overestimated themselves but american families and the american system will not be a casualty of their obscenities. we cannot let that happen and we've seen bits when they go

after parents, the american people and this man and the justice system itself we've got to stand up. stuart: said today for america. tammy bruce, thank you very much, appreciate it. david barnes, our market watcher of the day, he often gives us thoughts on politics. i want your thoughts on donald trump's indictment. you have an interest in politics, does this help or hurt trump? >> no question in the primary it helps him. somebody like myself is a movement conservative, reaganity, complement real a lot of things trump did from a policy standpoint but often very critical especially on the temperamental and personal things i don't think deserved to be defended in his behavior but what has happened is these people made him the victim.

a lot of americans myself included were tired of donald trump whining about how he had been treated and all of us on there's legitimacy they have given him to his complaints. this is an outrageous move, it is thoughtless. other people who dislike donald trump politically even more than this prosecutor chose to pass on this particular avenue and this is an absolute disaster for those of us wanting to move on to new leadership, new ideas and get behind all the things that have gone on the last several years. it is indicative of a doj out-of-control in the sense of that we saw the pro-life father who was prosecuted for being in that clinic a year ago, this constant politicization of our justice system and it has to stop. stuart: interesting stuff.

let's move on to you as a market watcher. you come with dividend pics, top of your list is exxon. what have you got? >> i want to talk about the energy sector and reminded people you have the energy sector trading at 9 times earnings, half of its historical valuation while tech is trading after the walloping it took last year at 24 times earnings well above historical valuation, exxon is a company that has grown its dividend for 50 years including during covid and the valdes mess years ago, committed to the dividend and exxon has an unbelievable mobile presence going forward. stuart: chevron is in the same count, you like the oil companies, they pay well. >> these two are disciplined with their capital, they pay down the debt, everything the biden administration is doing helps the big oil companies,

they are not helping them grow and put on new projects. stuart: you are big on midstream energy, the pipeline company. can't find there dividend pay. >> it is over 5% and growing rapidly. these pay a great dividend, a huge play on export. the average dividend growth was 15% in this portfolio. stuart: thank you for joining us this morning on an important day. lauren looking at the movers, stock down 3%. micron. >> china conducting cybersecurity review of micron products sold in china. they are concerned about national security. no further details which products they are concerned about, but they are concerned, flexing their muscles.

stuart: the generator people did so well recently after the hurricanes in florida, why are they down? >> to bank of america, they have a huge residential business and expecting a hard landing recession and that will hurt them where homes are concerned. they took the price target down by $50. stuart: remember when they took your blackberry away? >> the keys were broken. i was still using one. stuart: blackberry back in the news. >> lower earnings reported a loss, the ceo, cybersecurity, slowing, big business government deals, they got an upgrade and that's why stock is up. they went down big to up big. stuart: i remember when i had

my blackberry taken off of me. >> it came to that. and now use the touch screen with no problem but it did take a while. stuart: i got one of those mobile phones and the thing ran and i didn't know how to answer it. public school district in maryland will no longer let parents let their children opt out of gender identity lessons. we are on it. the media exploded when donald trump was indicted. watch this. >> the j in donald trump now stands for jail. >> this is the most humiliating, you will reap what you sow. stuart: just a snippet, we have more coming up. what does trump's indictment mean for his 2024 campaign? i will ask governor asa hutchinson who is likely to make a run for the presidency himself next. ♪

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stuart: i am prepared to say no reaction on wall street to the indictment of donald trump. the nasdaq is up 66. the top story is trump indicted by grand jury in manhattan. brian, when is trump expected to be arraigned? >> we are hearing the indictment, the arraignment will likely happen early next week, likely tuesday. the indictment is sealed which means trump and his lawyers won't know the charges until he faces a judge in the manhattan

criminal courthouse but reportedly he is facing dozens of criminal charges related to business fraud. here's trump's lawyer. >> declined to tell us about the indictment until it is concealed. we have read about leaks, that there are multiple accounts but it relates to the same allegation, by a legal civil settlement regarding the stormy daniels episode. >> reporter: on truth social he reacted writing, quote, these thugs and radical left monsters just indicted the 40 fifth president of the united states of america and leading republican candidate by far for the 2024 nomination for president, this is an attack on our country the likes of which has never been seen before, continuing the attack on once free and fair elections, the

usa is 1/3 world nation, a nation in serious decline. it is a choreographed spectacle, lots of police and media the day trump is arraigned, it will not be a purple walk or a public arrival. the secret service will he be by trump's side as he is processed, fingerprinted and having his mug shot taken. he will be brought into a court room, the judge will read the charges allowed and presumably he will plead not guilty and be released on his own recognizance. the nypd filed for officers to be in uniform and ready to be deployed at any moment as we watch for potential protests. stuart: the former governor of arkansas is with me this morning, he will quit the 24 race if he's been indicted but

he has been indicted. how do you feel now? >> this is a case that i would not have brought based on the fact that i understand them to be. i was a former federal prosecutor, doesn't make sense to me. when i said that, that's the standard i set as governor, one a public official is indicted, regarding the office, the office is more important than the person they should step aside. the standard should apply here. it is a distraction, it is not a good day for america. the system has to play out here and we have to have confidence that it can. the district attorney bragg, we don't know what the charges are. they better be very substantive if he wants to make his case in a way that is not seen simply

put. stuart: not sure i heard you right. do you think trump should now step aside? >> he should but he's not going to. the office of the presidency is more important than any one person. stuart: you are thinking of running for the presidency. trump on trial if it comes to that, that would suck the oxygen out of any other republican candidate, right? >> it would and it is not good for the country most importantly and it is a huge distraction for anybody wants to talk about the economy, federal spending, the border, it is a distraction. stuart: you told me trump should step aside. would you announce? you said you would announce for the presidency next month. tomorrow is april 1st. will you make the announcement tomorrow? >> let's wait. i will make my decision next

month. we want will your decision make a difference by this indictment? >> no. i know donald trump is going to continue in the race. we knew this was coming so that's not a factor. it's a distraction from it but i will make my decision based on whether i can serve this country well and the response i give in places like iowa or other places i go with a conservative message. blue one do you believe this is a political prosecution? >> there is evidence or indications of it but i think we need to wait and see what the indictment actually is. would this be perceived politically if he was filed misdemeanors? stuart: i'm picking up a lot of outrage from republicans about this indictment but i'm not picking up any outrage from you?

>> i'm not an outrageous person. i have been a federal prosecutor and a defense attorney. i spent a lot of time in the court room. what is happening is a shame for america because he is a former president of the united states but thousands of americans have to go through this process and we do believe in equal justice of the law. i don't believe this is a good case to bring. i would not have brought this case based on the fact of that i know but i also believe we have to be patient and have some confidence in our system of justice that it will work in this case too. stuart: stuart: appreciate your opinion. we have more reaction to the indictment coming in. nikki haley. lauren: pool of the comments,

this is more about revenge than justice was governor desantis caused the weaponization of the legal system to advance a political agenda, calls it un-american. trump's vice present, mike pence, calls it a word we heard several times, outrageous. >> i think the unprecedented indictment of a former president of the united states on a campaign-finance issue is an outrage. it appears to millions of americans to be nothing but a political prosecution driven by a prosecutor who ran for office on a pledge to indict the former president. the american people look at this as one more example of the criminalization of politics in the country. lauren: it could backfire at the polls and other potential charges trump faces. i read the auditory all peace in the washington post, they

set a failed prosecution of this case could put the other cases in jeopardy. january 6th, classified documents, the georgia election. that's the washington post. the editorial board there. stuart: a lot of moving parts here. >> we've not seen the indictment. 34 criminal charges, several other cases, if this is of the week one. stuart: does it impact the others. lauren: they are saying it does negatively. élan is planning to visit china on month after the state run media said musk was risking his relationship with of them after tweeting wuhan lab leak report. new york times editorial claims trump's indictment is not a political prosecution, matthew whitaker takes it up. he's next. ♪

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movers, tesla is moving. >> bernstein came out and said tesla will struggle with the cheaper rivals in china, you would think the stock would go down but no one wants to go there. stuart: planning to go to china to meet with xi jinping. he is going to meet the number 2. what do we have on moderna. >> the stock is up 3%. 3%. it is one of the biggest advancers today. they are opening a manufacturing facility in kenya. they have been up all morning. stuart: a manufacturing plant in kenya. what is this? elf beauty? >> you don't like the word cheap. they took the price target up from 75 to 94 and up it goes. be one make up for the thrifty,

not cheap. thrifty. you know for a fact? okay, . trump's indictment is one of many legal challenges he faces. tell me about the charges in georgia. >> multiple investigations. georgia is on a stage level, talking about that phone call with the secretary of state where the president, donald trump, needed to find 11,780 votes. there are other investigations that could come to a head, this is jack smith, the american garland appointed special counsel looking into the former president in two active the federal investigation someone dealing with the former president's involvement in overturning the 2020 election. and what happened on january 6th. the other overseen by smith, the mar-a-lago document investigation, 10,000 documents

taken in a raid on trump's home last august, one hundred with classified markings. sources say smith is looking at possible obstruction, intentionally not cooperating with authorities, he got trump's attorney to testify before the washington dc grand jury last week. right now he's trying to get mike pence to do the same and he is weighing his options. this is the case out of georgia, the grand jury met for months over the president's phone call where the president said quite pointedly i needed to find those 11,780 votes, those votes do not exist. on capitol hill, some republicans are insinuating that attorney general mary garland and the justice department was pulling the strings on the manhattan da alvin bragg's probe. officials tell me this is false, will stop two separate

investigations that have nothing to do with one another but this manhattan case is one of many cases a large puzzle. stuart: very large puzzle. the new york times claims trump's indictment is not a political prosecution. matthew whitaker, former acting attorney general of the united states joins me now. not a political prosecution says the time is. what says matthew whitaker? >> hard not to do a through line of before donald trump came down the escalator and after he announced he is running again, and to see how this da's office has treated donald trump. my understanding, in this indictment, these counts go back many years they are trying to suspend the statute of limitations due to him being at

the white house and there's a lot of contortions. all you have to do is look at alvin bragg's words. on they want he set the priorities of the office, lowered prosecutorial standards meaning they would no longer charge certain felonies, no longer charge certain misdemeanors, the prosecution system, and at the same time, to get donald trump. even though everyone else was the enhanced we see donald trump enhanced by this office and that reeks of politics. stuart: if this new york indictment falls through or fails or trump is found not guilty, if that happened, would that affect the other charges coming from georgia? >> it could and it would make

donald trump appear to be persecuted and other citizens and jurors want to see that happening. we will see a series of decisions by people other than alvin bragg the will be interesting. a trial court judge will hear motions that could kick this case out. you see the trial with a jury that survives first round motions, and ultimately have appeals in this case and many of these novel theories the we haven't seen the indictment containing novel theories that have not been tested under new york or federal law and in order to make it a felony or serious charge there has to be this campaign finance violation, when i was there, the southern district of new

york looked at this and decided not to pursue those charges because they were not strong charges. there's a lot of legal maneuvering left and that is to the benefit of donald trump. stuart: won't that take a long time? this is going to last beyond the 24 election. >> no doubt, the three cases we talked about today, two haven't been charged and may never be charged. stuart: what does that do to our politics. if you were in the middle of a presidential election, one of the candidates is in court all the time. >> it casts a cloud and it could affect the outcome of the election for good or bad and it's a dangerous precedent. we woke up in a new world and we are trying to figure out what that means.

as we talked before, a lot of lawyers involved, judges will be involved but you want a decision whether donald trump is reelected president to be up to the american people without experience and we are not going to have that this year. stuart: thanks for being with us. here is what is coming up. a new fox poll shows the majority of voters said the national debt is in crisis, we get into that. strong reaction on trump's indictment, grady trimble wraps it up next.

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stuart: the market has nothing to do with the indictment, down the street is up 170, nasdaq up 100 points. modest rally across the board.

lawmakers sounding off on trump's indictment. grady trimble on capitol hill. tell me the latest. what is going on? >> reporter: supposed to be a quiet couple days, now our in boxes are exploding with statements. house republicans have been among the most outspoken about donald trump's indictment in the days leading up to an end now that it has happened. house gop members are the ones investigating the investigation into the former president. three committee chairs including james comer looking into alvin bragg's probe claiming it's motivated by politics. >> the biggest concern we have is the fact that here's a local attorney trying to prosecutor president a candidate based on federal campaign finance violations when the statute of limitations expired years ago. this is a political stunt.

we are concerned what this does to the judicial system. >> new this morning, bragg's office is responding to the committee chairs. republicans called on him to answer questions about the investigation into the former president. the letter from the da's office accuses house republicans of unlawful political interference, you and many of your colleagues have chosen to collaborate with mister trump's efforts to vilify and don't a great the integrity of elected state prosecutors and trial judges and made unfounded allegations to the office of investigation is politically motivated. the letter asks house republicans to withdraw their requests for documents related to the da office investigation and the request to sit down and talk with mr. bragg. you imagine the reaction from democrats particularly progressive house democrats has been rather celebratory.

stuart: thank you very much. wait a second. what have you heard from the white house? lauren: karin jean-pierre said i found out, officials found out, the president found out about this indictment like every other american, through news reports at 5:30 last night. they are not saying -- biden was asked as he was headed to mississippi to look at the storm damage and he said this. >> do you think the charges against trump are politically motivated? >> no comment. lauren: if he does run, mr. biden, he's going to have to have a comment and to address the division this is causing in the country. of the biden white house can use the fbi to go against parent to disagree with them, the irs to go against regular americans and journalists the

question them, now political opponents, if they can do that to them they can do it to you. that's a lot of people perceiving this and that is something they have to address. stuart: it is a third world country, that's my opinion. president biden upheld his investment rules, 20 one states going after individual banks warning them stay in your lane, stay out of biden's rules, we have it for you. more than 50 libraries stop actor kirk cameron from reading his book as you grow at story time events. it's about drag shows for youngsters. easier to talk about his freedom island tour after this. ♪ ♪ and buying your starter home.

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stuart: on the markets this friday morning we have a rally. dow industrials up 200 points, nasdaq up 100. news of softening inflation, an annual rate of 4.6%, down a little.

the market is up. now this. parents are calling out of school board for refusing to let students opt out of gender identity lessons. lauren: this is happening in maryland. they e-mailed families saying we have inclusive classrooms and that is that meaning kindergartners read books like uncle bobby's wedding, second graders read my rainbow, a book about a transgender kid. parents cannot object to. they are objecting, 70 showed up to a school board meeting earlier this week and said this is age inappropriate. some said it violates our religious beliefs and they will continue to protest until the opt out option is given to them again. stuart: parents protest, the story of our times. lauren: a new political party of parents.

stuart: library stop actor kirk cameron from reading his new book as you grow at story time events about drag shows for children. kirk cameron is here now. before we get into your book, what is wrong in your opinion with drag shows for kids? 's where do you start? >> where do we start? what i think is right about storytimes for children, this is what those with alternative lifestyles are trying to do, get them while they are young. as we train them up in the way they should go, hopefully they stand that way when they are older. this is what i think everyone understands about the way culture is formed. if you get kids when they are young you will have a culture in the future. that is the sacred responsibility of every parent, every christian like me and every american to read stories to our children from the beginning. that is the sacred trust we've

been given and what i'm trying to do. stuart: do you believe education about gender variance is appropriate for young kids? >> yes by their parents. we have to have a right standard for that. you heard of my historical heroes, an englishman named charles spurgeon who once said if a cricket stick is set before you you don't have to explain how crooked it is, set a straight stick behind it and the work is done, speak the truth and error vanishes in its presence. when it comes to gender we have an understanding not only from science and basic biology, it is our sacred responsibility. stuart: you will be labeled a hater, you talk a crooked stick against her straight stick? >> people can tell the difference between crooked and straight we have a bigger problem.

stuart: a pejorative word. >> if you speak the truth error is obvious to those who have ears for the truth. i'm going across the country saying there is a contrast between right and wrong, good and bad, those are going to be conflated and confused but parents are coming out of the woodwork to say we agree, thank you for not overlooking us. we are inundated with things we don't want for our children. stuart: going to the belly of the beast today, you will do a reading of your book in bryan park. >> the belly of the beast. stuart: in new york city. you will get protests. >> we've been to dc. that was interesting. in many places across the country we've had hundreds of parents and even thousands of parents come to communities

where library administrations said libraries are not interested in your message but the largest overflow crowds they had. i thought it would be the largest in new york city but in dc, the spirit of fear, because of what happened in nashville, and there was a trans day of vengeance that frightened some people away. in new york, there are millions of people, many want to hear these values and over 20 libraries wouldn't pick up the phone when we asked to have story our. at the last moment the plug was pulled, now we are going to brian park to read this book as you grow about biblical wisdom and the fruit of the spirit. stuart: this is an outdoor reading. anybody can come. >> all are welcome. including party poopers. everyone can come. stuart: welcome to the belly of the beast.

thank you, you are all right. we have steve hilton, jonathan honed egg, tomi lahren and shannon bream and this too. if you are a tourist visiting america you see a third world country and if you watch the news you see a former president indicted. a precedent has been said. we look like a third world country and i think that is a shame. that is "my take" and it is coming at you right after this. ♪ ... cash back on

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>> a lot of people who didn't want to work for donald trump are gravitating towards his camp it might benefit donald trump. this is horrible for america. >> this is a political stunt and we're concerned about what this does to the entire judicial system. we fear this department of justice has weaponized conservatives. >> i think it actually backfire s on the democrats in 2024 whether you love trump or hate trump or you're luke warm on trump is in relevant. this is the criminal court. >> a lot of americans, myself included, were tired of president trump whining about how he had been treated. >> the trump hatred is a