lent, ramadan. >> is it monica? >> what your choice? >> hanukkah. >> you are both wrong. i'm sure it is due huawei. thank you. the indian festival celebrated for five years days each year. hanukkah is seven nights, lent is for, ramadan is months. it's a short time. >> i don't know who's picking the questions. >> if you are well traveled like myself. that's it for today. thank you for being with us for the hour. always appreciate it varney and company is done for the day. coast-to-coast starts now. >> donald trump three hours from

facing federal charges in miami, investors nearly three hours and the can't seem to stop. the former president plans to fund raise legal troubles in new jersey tonight. investors continue to celebrate receiving inflation fears right now. we'll talk to california democratic congressman who says inflation and market news is very good news for the pres president. billionaire republican donor thomas on why he's looking at someone who's not even in the race for president. welcome, ashley webster outside the miami courthouse where is going on in about three hours. >> can always feel the circus like atmosphere ramping up a little bit more. we see more trump supporters trickling into the area outside the courthouse, some chanting, some chanting at each other but so far, 3:00 p.m. the former

president due to arrive here, he will surrender himself and taken into custody by u.s. marshals will he will be arrested and his fingerprints digitally taken and he'll go before a judge that would be federal district judge john goodman who will oversee this appearance. then who's going to be with him? we understand tom blanche, the white-collar defense will be with him in the court today the trump legal team saying they are in flux right now they are looking for more florida-based lawyers to represent him so maybe we'll get a better sense of that but we should remember this case was filed in west palm beach 17 miles from here to the north and the judge assigned, judge aileen, a trump appointee has been chosen at random to take the case that there are questions of whether that will

go ahead. she could accuse herself but no word on that. as you mentioned, after this appearance, you head back to new jersey where you will get into fundraising mode tonight and make public comments about charges today but so far, police say they are ready for anything that could develop in the afternoon with perhaps trump supporters showing anger at his situation but so far, none has materialized but there are many hours to go. >> thank you for that, former whitewater deputy independent counsel. good to have you. thank you for taking the time. it's interesting the prosecutor here once a quick child. asap. you raised the issue if you're donald trump, you don't so where you going? >> i think it is very unlikely

the case will go to trial before the election and i think it is possible this will never go to trial. certainly now if donald trump wants to do what ted stevens did and insist on a speedy trial right away, he could certainly do that. it would be a tremendous mistake, this is a winnable case, he's got a good pool to choose from, a favorable judge. certainly if this goes in the course of what a typical trial in miami would go, particularly for people need security clearances called ciba classes, it's going to simply take a while and then you will be up against the trial date set in new york and up against the presidential election so nobody's going to force him to go to trial to early. neil: ted stevens, maybe explain

that. >> ted stevens was indicted and was the sitting senator from alaska, republican senator indicted by the department of justice, public integrity section, jack smith headed up at one time, he did then and he insisted, he said i have an election coming up, i want my trial within 70 days if they did it convicted him but they were so's discombobulated to school with terry evidence that he had the case overthrown and was vindicated. there's no benefit, a couple of, what if the president is convicted before the election because there are more waiting into the georgia recount whether

the president was involved in trying to change the 2020 election if any of them result in convictions, can he still run for president as a convicted felon lex. >> absolutely. there's nothing in the constitution that prohibits t that, he could run from prison. neil: i heard that and i find that would be wild to put it mildly. none of this would get in the way of him still serving as president even from a jail cell if it came to that but in jail, i'm taking leaves here trying to play out in my head, could he pardon himself then? and he walks out of that jail cell? >> he could never pardon himself from a state conviction, there's an open question whether or not the president could pardon

himself but he has no part in power with respect to state convictions and back to your devious points, there would certainly be logistical difficulties and issues but we have this thing called the supremacy clause, he would be the president if elected again and there's nothing that would prohibit him from being charged or convicted and running for that office, nothing in the constitution. neil: would be in his interest to try to resolve or settle state cases or a plea or something to avoid jail time but on this particular case, the one brought up today and these 37 counts, it's not as easy or explain how that would go if he wanted to make a deal. >> i don't see him making a deal on any criminal case if the deal involved him admitting to a

crime. does he strike you as the kind of person to admit to a crime, state, federal, criminal accusation? even jaywalking? i don't think so. i think it's a nonstarter, i don't see how he settles that if settlement, when a case is indicted and you talk settlement, you generally talk, unless you are a big corporation, you talk about, and even if you are a big corporation, you're talking some admission of guilt with respect to some criminal count, i just don't see him doing that. neil: in this particular case he's being arraigned on today, it's go to trial whenever that is or not. >> think about it this way, if it ever does go to trial, if a republican, if he's convicted which is a big if and a republican is president, first

of all, if he's president he may pardon himself, most republicans in the field if you believe what they say, if they are president, they are going to pardon them, it's conceivable that a democratic president in the spirit of gerald ford to save the country civil strife would pardon him but i can tell you this if they want to lay that case because of the election and because of the state case in new york, they are going to be able to do it and i think it would be foolish of him to rush in and try the case quickly because he's got a favorable judge, he's got a favorable venue, it's likely there will be some maga people on that jury, and legally he's got some issues as well and i'm not saying it will be a cakewalk, there are serious charges but he's got a lot to

work with. neil: one juror says i'm not sure on any of these accounts did fascinating, thank you very much. i learned a lot. >> thanks for having me. neil: i would go to the democratic strategist, gop strategist, doug, let me go to you first, the backdrop for all of this is a president who's getting up there but he has something else, inflation coming down so the white house no doubt is going to argue whatever the drama on the other side and their leading contender, get it out of court houses, inflation is coming down, jobs going up, you've got your winter here. is that the strategy you think they will use? >> i think it's not only the strategy they have been using and frankly, using without a great deal of excess, i think they are betting the good economic news of the last few days, a few weeks combined with what they hope will be a pause

in interest rate increases tomorrow will give them a new narrative that plays off the polarization on the republican side along with charges against a president who, outside the republican party and donald trump, is not exactly all that popular. neil: within the margin of error down and up again, joe biden but let me ask you a little bit about this, we know the former president hopes to fund raise off this in new jersey, we also know that some of the people challenging him who are further behind in the polls, got even more so with these latest charges, they are trying to stake out the ground that can be different than donald trump as alternatives, how do you see that sorting out? >> i think certainly legal troubles presented to president

trump are going to help him as it relates to the primary, makes it harder for the individuals contesting for the same pool of voters to attack him. it also hardens in the mind of many trump supporters what he's been saying from the beginning that they have been out to get him, corners have been cut, there's a concerted effort to throw away the norms if it means it justify to the ends which is to put president trump behind bars. in many ways it would be the who of him to focus on better off today than you were four years ago approach to politics half a million americans 60 days behind on car payments, we have stock prices for cracker barrel dropping because inflation combined with pressures on the customers are making it

difficult for people to walk through those doors. we have people at home depot no longer able to put a tree in their backyard so there are real issues facing real americans, a great departure from good times people experience under president trump. neil: let me ask you because as i raised with doug, the worst of the inflation might be behind us, we are back to the lowest in two years, running about half the clip we were, i'm not saying we are out of the price was by any means but between that and stocks and companies continuing to advance, that might gather seen as a republican and speaking politically, does it worry you sleep her story is not so weeping economic come back? >> certainly we are seeing inflation coming down but i don't know if it's too little, too late. if you look at the fact that now we have the default on credit card payments creeping up, it not necessarily if the economy gets better, does it get better in time to save people from the

financial ruins? if you're already too far behind, if the bank is too overdrawn, if the credit card ratings are starting to come down, it makes it difficult even with those coming down of inflation for people to go and recover. neil: if you can switch looking at republicans and those challenging donald trump for the nomination, more speaking out against these charges but they are not using the typical think the government is weapon rising itself against. nikki haley said a lot of these charges show reckless behavior. tim scott, a serious case and implications. chris christie, i do think a lot of his stuff is even printable right now but the former president is a loser, loser. why don't you stand down and fight the charges but your dragging the party down with you. what do you make of all of that? >> i think joe is right short term, there will be a strong

degree of sympathy particularly inside the core of the republican party for the former president. i think we will see that as we have already in the polls but what you are getting at is important points, over time particularly if there are one or likely to more charges to add to these two charges, i think the degree of trump fatigue could well set in. while you are absolutely right, the polls show effectively between biden and trump, i think it's also the case that the white house would like to run against donald trump rather than the other prospective nominees. neil: anything can happen but if you were to look at these culmination of events a year ago you probably would have thought

that's a crazy scenario but here repeat. thank you both very much. in case you're counting, 13 day run up right now with today's 3% advance, i believe this stock is up since may 24. about 40%. we will explore was going on with technology because it widening out. mark tepper is playing that after this. ♪

all right, 13 in a row i think, mark tepper can correct me, he does correctly quite often as he should i believe 13 straight days moving up and in that time, with this pain, charlie brady can correct me if i'm wrong but i think we are up about 40% during that one up. always splendid, smart guy. what is going on with tesla and technology? that's one of the horsemen leading it. >> you picked the one stock and

s&p 500 i've always been drunk on to talk about which is tesla. so i love what they are doing, i love elon musk running the company, they are certainly disruptive, the world is trending toward ev but i've never been able to justify the valuation, it's a stock that's never traded on valuation, it's never mattered, it's always had kind of a cult following. neil: now is this notion that it's one that ev battery, i don't know how realistic that is. the world is coming to tesla, what do you think of that? >> i think it's interesting but it might not justify the valuation but if everyone is going to leverage tesla for their batteries, the charging of the batteries and things like that, that can only bode well for tesla. has to be a huge positive.

neil: everyone is saying this is the future, this is where we are going. >> ev? it is where we are going. i would prefer we get there on our own, let the free market dictate when that happens rather than getting hit with the 2035 deadline. it certainly where we are going, the issue is making that ev's for big automakers right now, they are not making money, they are losing money on the ev's. neil: but they are selling more of them. they used to be two or 3% sales and now up to 8%. still 92% are buying not ev. >> the whole ev thing, it's an imperfect endgame and that we don't have the charging infrastructure in place, the batteries might go to 50350 miles an hour before you need to charge. they are probably a great vehicle, i don't have one but probably great vehicles if you're going back and forth to

work and that's the main reason you drive, perfectly effective but at the same time, road trips if you travel from where i am in cleveland to chicago, you've got to zigzag your way to find charging stations and it takes a little bit. neil: let me extend this, the nasdaq was going on, i think the major average but technology is leading this parade, let's be realistic. now it is widening out but how do you see it? >> i would one 100% agree. through yesterday, the seven biggest companies, microsoft, amazon, tesla, nvidia, they accounted for 81% of the s&p return so far this year end the s&p was slightly up 3% yest yesterday. that's tremendous. for the market to be led by seven stocks. a week ago the 81% was 90% so to your prior., the rally does seem to broaden out, small caps

starting to participate. this is a rally where if somebody told me the beginning of the year, every single economic indicator is going to be flashing red except for the labor market. every indicator but the market will be up 13% by mid june, i would have told them they are crazy. here we are. neil: but it counts in the perverted argument we had a horrific year last year. >> it does. you can call back those losses but this has been led by a lot of fear of missing out related to the ai thing. how often do we come across these disruptive game changing kind of technologies where they literally can leave the market for the next decade? probably once a year whether it was the internet in the 90s or ai happens to be the big thing now. i think a lot of investors have lived through these unknown

times before where they missed out on certain trends in there is a lot. neil: how many of these have you lived through? >> my career started in 2001 so 22 years so i've been through a few. neil: your read on the fed and pressure something by doing nothing, i will explore that with mark in the second. in the meantime, san francisco the crime has gotten so bad where developers are saying we are out of our own wall, we are not paying and they are leaving. after this.

welcome back to caboodle coast-to-coast, i am kelly o'grady. another retail domino falling in san francisco. westfield runs largest shopping center rendering property in

this follows recent news nordstrom would close due to unsafe conditions in the city and releasing this explanation about the news, given the challenging operating conditions in downtown san francisco which led to a decline in sales occupancy and foot traffic, made the difficult decision to begin the transfer management of the shopping center to our lender and you can see the impact in numbers. westfield shared versus the pandemic, the sales were down 35% and foot traffic down 42%. that's contrast to the performance of the rest of their property so it underscores issues they are seeing intense physical. she fired back saying this -- we've had numerous conversations with westfield about the future of the site and it's clear they did not have a long-term commitment to san francisco. many other retailers are closing up shop in downtown, the list is too long but includes brands like banana republic, who come in at walgreens and cvs

locations. this underscores two things we discussed on your program quite a bit. first, as f is looking more like a doom new, remote work, decline in tourism and safety issues forcing retailers to close which reinforces the deterioration. the second thing, we talked about troubles in commercial real estate among the westfield mall reportedly stopped making payments on a $558 million loan it is a sign we could see more and that sector. neil: that's a bit distressing. kelly o'grady, in california. congressman, good to see you. >> good to see you, neil. neil: let me ask you about the crime issue particularly in san francisco chasing businesses away. how bad is this getting? >> it is an issue. we have to have basic public safety, you have to have consequences if someone enters

into a shop or a building but in silicon valley, is much better in my district but we need to get a handle on it in san francisco. neil: is not happening at a lot of businesses are deciding they are going to leave. i don't know where a lot of them go but they are seeking out safer confines but i'm wond wondering, that was a crime issue. at first there was this view, it was covid and people were reluctant to go back to these places, the covered things go away and the crime thing stays. how do you get sticks around? >> first, let's acknowledge the problem, we have to do better with public safety in san francisco but when you look at the bay area, this idea is not true. silicon valley is leading including san francisco the ai, there are more startups in ai and synthetic biology and new

technologies anywhere in the world and you have the largest wealth generating region in the world so. neil: i'm sure people would like to shop and it's scary. >> absolutely. we need to do better when it comes to public safety, we need common sense enforcement of the rule of law but sometimes people get this image san francisco sort of his ghost town literally meeting the technology innovation in the world so i want to make sure we have a complete picture. neil: always good talking to you. a beautiful state of california with everything else going on. a stunning area to be in. in the meantime, everyone has their respective presidential race, many are undecided, but i want to make the big donor placing his bets on a guy who hasn't even announced he's

running in might never do so. that's next.

this case is a serious case with serious allegations but in america you're still innocent until proven guilty. >> if this indictment is true, if what it says is actually the case, president trump was incredibly reckless with our national security. neil: those might seemed like fairly innocuous remarks, zinging the president over these allegations in this latest in little more than two and a half hours from now but it is a seismic shift going on with the candidates posing him for the nomination are beginning to speak out against his behavior. he doesn't need the reminder in german, looking at that crowd.

i think you are interested in ron desantis, you still might be but you might be seeking someone outside the pack. it's good to have you. maybe you can explain where you are now. >> i grew up in a socialist country and i'm afraid of ending up in the same situation and i will do publicly anything to avoid that. i would like to go to the person who in my view is most likely to be able to win the general election and accordingly, we have to pick somebody in the primaries that we believe is most likely to win the general and that is going to i believe, more likely to be a central candidate. neil: that's clearly not dollars trump in your eyes even though he pulls with the president right now as ron desantis but

neither of those so far interest you. who does? >> the issue with trump i believe he can get them to vote for him so i don't think he can win the general. i was enthusiastic about desantis but when he passed his six-week abortion bill, i thought that weakened his general election so we are waiting to see who else will emerge. neil: i'm told you've liked governor youngkin in virginia who so far seems to hold off on a run, that doesn't mean he will always feel that way but what you find attractive about him? >> i think he's the person most people will find very, very attractive and he of course,

goes along with the main republican idea of individual freedom and economic freedom and that's the issue basically. i think he would be an ideal candidate although he is not very likely he's going to run. neil: when you step back and look at the field as it stands now, the fact that you are looking at governor youngkin you might not enter the race or might never, does that mean the other candidates still the list from nikki haley chris christie, none of them interest you? >> well, i did have a meeting. he's extremely attractive candidate.

neil: 37 years young, multibillionaire mama very fast on his feet, a couple of news that alarm people as well as this notion he's among a couple of candidates who say they would pardon donald trump if they ever got the white house themselves. what you make of that? >> everybody has to say that because everybody has to repeat it to the trump voters so you can win the primary. neil: stepping back, when i talk to biden folks, they show is inflation report, it shows inflation coming down the 11th straight month and half what w was, still expensive out there for buying things but not nearly as much and they also the jobs front, they think this is going to be like a slow cooker, the

full fruits are going to be obvious around election time and that will lead to a democratic victory. all these republicans are saying. what you think? >> i doubt that because i think the deficits are going to create further pressure so i do not see the economy in that sense. the issue is this banking crisis is by no means, over. these banks have lent out money long-term so currently we have 5% interest rates and most of these banks are paying nothing, or paying a fraction of 1% so as long as people are willing to sit there, it is the banking

crisis over but the people wake up to those efforts on brokers we pay 4.58% interest in invested cash so if people wake up to that, that money is going to come out of bank deposits. neil: than they are in a world of hurt. you're right, a lot of people are seeking out, apple now has this savings account paying 15% of it so there are alternatives out there in internet land and maybe not enough americans have taken advantage but your argument is, as migration continues, the big money banks that dodged the bullet of smaller regional banks have had to deal with, they could look at some problems. is that what you are saying? >> that is absolutely what's going to happen so people cannot

stay there forever much less getting interest on their interest rates, 5%. i don't see how long that can go on. neil: can i ask you a market question? you made your fortunes running when everyone else was in one camp, the latest camp seems to be this market has climbed an incredible wall of worry and the most shamed bashed bull market at least in my memory of late and people don't leave what is going on and how long it can go on but yet i talked to people like ken fisher and others who say it can go on and it is real and has substance and can be sustained. where are you on this? >> it has to be looked on the

one hand, the spiraling debt crisis and the other hand ai. it is a very real thing and as computers get faster and faster and they analyze huge data sets, they are able to make predictions and those predictions we narrow down very soon and is going to help us allocate resources efficiently and we are basically in an economic so we are between these two places. on the one hand we have social and economic collapse due to deficits and the promises ai will bring us. the question is who will get their first. neil: that's the same feeling of internet in the early days, anything -- anything can deal

with that technology, but could we have no up with lesser names next. >> this time is going to be much bigger than the internet. neil: so whatever we go through, will go to. >> delivered on promises to 20 years longer than we thought it would this time it will happen within five years i think. neil: that would be a record. our influential gop donor as well and we will see what catches his fancy as the race ensues. thank you very much. let's go to brian brenberg, was going on with the big money so. >> you seen the headlines on inflation but we are looking at the untold story with the

mainstream media and white house isn't telling you about high prices. but first, coast to coast after this. ♪

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right, sometimes we get into things like what doesn't belong and why. mark cuban talking about going woke and good for business, that wouldn't surprise me. mark tepper and i were talking his last gut i would thought would dispatch that but that is what it is. >> i couldn't disagree more. when you think about corporate law 101, the directors of the company have to act in a fiduciary capacity to each and every single shareholder and that involves trying to increase shareholder value or drive the stock price higher. when a company intentionally makes a decision to pursue woke social causes at the expense of shareholder value, it presents a big problem. neil: mark cuban is saying it needn't be but since his small

subset of who you are trying to target, it stands to reason it will come at the expense of larger populations that don't like them. >> look at target over the course of the last few weeks, anheuser-busch over the course of the last few months, disney stock you look at these companies in a woke stance and they have been punished by the market so the market is right. mark cuban i believe is wrong on this topic. one issue with regard to the shareholder rights and things of that sort, who were talking about this during commercial breaks, black rock, band guard, there's of the biggest shareholders of every company because of their mutual funds and things. ceo of blackrock, i saw him speaking at a conference, he was on a panel and he basically is acting as an activist investor trying to force his agenda onto

every publicly traded company. neil: you don't like everything our bosses are saying, is not as if every investment is tailored to that strategy. to me it sounds like making your cake and eating it too. >> it sounds like he has his own ideal ideology he wants to pursue and he's going to apply the full press on the ceos of publicly traded companies that he's the second or third largest shareholder of. i have an issue of that because it's not black rocks money, it's my money, your money, the viewers money we have in usual funds or etf inside our ira. the fact that he's using our money to throw his weight around in corporate america, it doesn't seem right. neil: i promised i was curious to get your take on the federal reserve and they wrap it up,

what you see? >> we saw canada, australia, they did the hike, i think the fed pauses here and they hike next month. neil: than that's it for a while? >> i think so. then another pause. neil: you hurt potentially banks. >> certainly but i think the fed to make the decision the bigger mistake they could make would be to not fight inflation strongly enough. they are okay with the recession at the expense of beating inflation. neil: it is coming down so that's what they can use. >> moving in the right direction, they would need to see the core month over month come in at zero 2% to feel good about mission accomplished. still 0.4 so twice their man mandate. neil: on their way but not there. thank you very much. president and ceo. ai is popping up in the most

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lauren: 1 amazing story. we will see a lot of this. paul mccartney confirming rumors that artificial intelligence was used to extricate and clean up from john lennon reminding them to feature it in an uncoupling track but we see it more often, there was a separate story of freddie mercury of queen using his voice, he's been gone for decades. a new queen albums that would feature a lot of that, this is where ai can take it to new levels or depending on your point of view spooky levels. the song is on and so is brian brandenberg. brian: when thinking about this --