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great picture, isn't it, the empire state building. the ugly building, i think it is -- good morning, everyone. it is 10:00 eastern. i am in for the vacationing stuart varney. straight to your money. the markets, thin trading at this time of year with the holiday coming up next week but the dow was up 154 points. take a look at the big banks, they had the stress test yesterday done by the fed. everyone passed with flying colors, that means dividends and buybacks are on the horizon and as a result, by goldman sachs, up 3. 2%. %. take a look at bitcoin. the 10 year treasury yield up 14.5 basis points, normally that's not great for the nasdaq and the big tech stocks but

there's bitcoin up before hundred $30, $30,603. that's a look at the markets. we just got the in on pending home sales. lauren: it fell in may from april by 2. 7%. this is when a contract is signed but the deal is not -- they are working on contingencies. in the northeast where i live, it rose 12.9% and it is anecdotal but in my neighborhood a lot of homes have been up for sale. they have all sold three days later and under contract signed on them. they are selling fast and above asking price, so much that i've considered putting my home up for sale but not sure where i would go. ashley: irs whistleblower gary shapely spoke with bret baer saying the biggest charges against hunter biden were left on the table.

>> terminal implications in what you were investigating when it comes to hunter biden? >> absolutely. the most substantive felony charges were left off the table, evasion, 414, false return for 18-19. so as of right now, the information in the public, uses the term excess of one hundred thousand dollars for 2017 separately for 2018. the true number numbers $580,000 of failure to pay for 2017, 627,000 for 2018. this document put it close to 100,000. all at the direction of people overseeing all this. i was left out when that happened. it doesn't even include the false business expenses that he claimed and the prosecutors refused to charge.

ashley: that was a long soundbite but we wanted you to get a sense of what we are talking about, the scope of this. you listen to this, he's very credible. wise hunter not getting the book thrown at him? >> that is the big question. incidentally we not only have the testimony of gary shapley who was the supervisor of the hunter biden investigation to the irs but the testimony of a second whistleblower his anonymous, who was the lead case agent working this case for the irs, he detailed granular knowledge of this and they felt there were two big criminal charges there could have made. one was tax evasion for 2014. that concerned the infamous burisma money when hunter biden was put on the board of this corrupt ukrainian energy company. the reason, the problem is

hunter biden had burisma pay him and then gave the money to a chinese company run by a friend of his and the chinese company, quote, loaned hunter biden's money back to him. hunter biden claimed he had no income at all, just getting loans from this company, those weren't taxable. they thought it was clear tax eve asian and by the way the statute of limitations past and hunter biden got away with most of it. the other issue was hunter biden did not file tax returns at all in 2016-17-2018. only did so after 2019 when he got sober and was faced with a paternity suit. he had fathered a child with a stripper in arkansas. facing child support suit and to deal with that you have to produce information so he filed some tax returns but according

to the irs he falsely claimed deductions, $10,000 deduction for membership dues for a sex club. iris investigators actually went to the sex club in los angeles, talked to the owner, confirmed that it was indeed hunter biden. they felt there were a lot of things like that in hunter's tax return so were clear, false evasions of taxes. ashley: what a sweetheart deal. i'm going to move on because i want to get to this story, donald trump gained ground after his latest indictment. in your latest op-ed you talk about hall republicans, even trump haters agree that he is being unfairly treated. is that why you think, a rally around the flag moment? >> this is a huge obstacle for anybody running against donald trump in the republican primaries which is not only does trump have a hugely 34

points over ron desantis in the new fox poll but when you do focus groups, when you do polling of republican voters, no matter who they support, no matter what they think about trump they all believe trump was unfairly targeted from 2016 on, when he was a candidate and president of the united states, mostly in the russia investigation was trump because the russia russia russia hoax and they feel he was on top fairly targeted and are sympathetic to him for that and when there's a new indictment even if it is completely unrelated to the old stuff they put it in context of the belief they have that he is being unfairly targeted. ashley: and that's what the polls reflect, terrific stuff, thanks for being with us today. chris christie again taking shots of front runner donald trump. what's he saying now? lauren: can't believe i'm going

to say this on television. he is the cheapest as so be i've ever met in my life. he should take a pledge today to instruct his campaign to no longer spend any public money on his legal fees. he is the richest candidate in this race, yet he is using public money to pay his legal fees. he should be ashamed. much of trump's support comes from the grassroots, small donors. regular americans's hard earned money is going towards trump's attorneys. do you think those americans have a problem with of that, or is that why they are donating to him? they are supporting him because they are against this two tiered system of justice. ashley: whatever it takes to fight the deep state. governor of north dakota, weighing another 2024 election, she endorsing anyone? ashley: she stopped short of an endorsement of donald trump but conceded he is the likely winner. watch.

>> trump is in the race, right now i don't see a path for victory with anybody else, with him in the race in the situation as it sits today but i think people should settle up. it can be a roller coaster of a presidential race. i think it will be unprecedented in what we will see for development. i think there's a lot of unknowns and the person that may win may not be in the race yet. >> never know what's going to happen which we have 494 days left until the presidential election, maybe the person who will win hasn't even entered. ashley: one day is a long time in politics. buckle up, long way to go yet. thank you. let's take a look at these markets. you can see the dow up one hundred 40 one, the s&p essentially flat and the nasdaq slightly lower by 1/4 of one%. great to see you, gary. we are about to head into the second half of the year.

we talked about this last time around but is it time for the market to come out of its coma and not just rely on these mega tech stocks? >> that started june 2nd and it has been revving up ever since. the new yearly high list is laden with, get this. airlines. cruise lines, construction, machinery, materials, the one area that has been dead money has been the financials and we had the fake stress test from the fed where everybody passes with flying colors so even the financials may be waking up also. i don't know how long it lasts, usually these areas don't last for a very long time but right now, they are in gear. i would not argue with them at this juncture. ashley: you have a favorite? we got the latest pending home sales number which was disappointing, it was down but what about housing? >> i own housing for the last month or two. it has been very strong.

my biggest issue and my only issue this second is the 10 year yield is now on the verge of breaking above range here and if it starts heading towards 4% you are probably going to get some back but leave no doubt housing stocks up and strong as all heck and i never fight the trend but if you'll keep getting higher mortgage rates could have an effect but so far so good. ashley: fed chair powell signaling two straight rate hikes, how does the market respond to that do you think? >> amazingly it has shrugged it off. i thought with jay powell pretty much saying they are going to go to 5 and 3 quarters with the real market, the free market, the 10 year yield at 38, i would have thought the markets would have given and at this juncture and it just has not, when it does i don't know will be he's determined, he said he was going to do everything possible to fight inflation and he is, whether or

not it works is another story. ashley: it's proving to be very sticky indeed, great to speak to you, thanks for joining us. you are looking at some of the movers in today's market. let's talk about wells fargo. lauren: last checked, the best-performing bank up 3.5%. obviously the lenders sailed to the bank stress tests, they had enough capital to survive a downturn. ashley: lordstown motors. ashley: they make the endurance electric truck and they filed for bankruptcy just two days ago, now they got a delisting notice from the nasdaq. it is down half of 1% and now it is higher. ashley: joby aviation. lauren: we spoke about this yesterday. stock jumped yesterday. it is up 27%. they got the faa and not to

begin flight testing, retail interest is coming in. this can actually happen. we can literally hail electric air taxi to take us to the airport may be in the year 2025. they are up 168. ashley: that is like the jetsons. it is kind of cool. lauren: with a i and the rapid increase in technology, the jetsons is coming true. we are in on the cusp of it. ashley: now this. president biden makes an embarrassing gaffe when talking to a reporter about the war in ukraine. blue >> president biden: flatware putin -- hard to tell but it is -- she's losing the war in iraq including the war at home. ashley: the president was carrying a cheat sheet on the wegner rebellion but it was iraq. the shot down chinese spy balloon was using american technology. we have the details on that. do you know what bidenomics actually is?

role it. >> you said you didn't know what bidenomics is. can you tell us today what is? >> president biden: first time i heard it used was you guys in the press. ashley: a new fox news poll shows the economy isn't mister biden's strong suits. david mcintosh will take that on next. ♪

ashley: this justin, the us supreme court has ruled on the affirmative-action case ruling against continued use of racial preferences in higher education policies. that the ruling. edward lawrence joins us to break it all down. >> reporter: justice john roberts wrote the decision saying it violates the fourteenth amendment, the equal protection under the fourteenth amendment for this and the supreme court striking down this case. this was brought against the university of north carolina and harvard university by two asian students on each case, students for fair admissions that brought the case. the biden administration said they are getting rid of these admissions would have destabilizing effect specifically with latino and black students but the court says it has permitted race-based admissions within the confines of narrow restriction.

recent programs must comply with that scrutiny or they may not use race as a stereotype. in this case harvard and unc program, justice roberts writes, however well-intentioned, implement in good faith they fail to reach those criteria real. sotomayor wrote the dissent, the harvard casing university of north carolina case, the supreme court shooting down race-based admissions on a broad scale for universities to use that but looking for reaction from the white house, but in the past they said it would have destabilizing effect for black and latino students. we will see what they say to that. ashley: fascinating stuff. thank you very much for that supreme court ruling, president biden continues to claim that he's turning the economy around and quickly. listen. >> president biden: the trickle-down approach fail them

out class. it failed america. it blue up the deficit, increased in equity and it weakened the infrastructure. it stripped to giddy, pride and hope out of communities one after another. i came into office determined to change the economic direction of this country. 40 years of republican trickle-down economics helped -- at the middle class, it will take some time. i'm here to say, we have a plan to turn things around incredibly quickly. we have more work to do. the ashley: i would say so, things like healthcare, childcare, groceries, gas are much higher. david mcintosh joins me this morning, what's your response to the claims from mr. biden? >> the biden economics is targeted the middle class and hurt them tremendously. they floated the zone after covid, paid people not to work,

in the welfare groups and rich people got a huge break in the green new deal tax bill were all the benefits of that go to wealthy investors but the middle-class working americans are hurt, 17% less take-home pay, new study at the university of chicago shows $10,000 per american, higher costs because of biden regulations and you see the tax trickle-down effect hurting the middle-class because their employers are having to pay that, can't give them the pay raises they need to cover the biden inflation. ashley: we didn't hear anything about that yesterday. of former campaign advisor for biden says it's, quote, frustrating to see americans disapprove of biden's economy. watch this. >> it's frustrating to see the poll numbers you just showed. we are seeing a record number

of job satisfaction among workers, we are seeing record lows and unemployment especially among black americans and women. this president and this administration continue to go out and talk about key pieces of his policies that are not only just working but are popular so the people connect the dots that this is under president biden, this is under president biden's leadership. ashley: the american consumer is just unable to connect the dots. your response to that. >> every day when they go to the grocery store or the gas pump they connect the dot there. they are paying more for the same thing that was a lot cheaper before covid and before the biden inflation. it will be frustrating to the political class. they are frustrated because what happened was biden ran as a moderate, moderate democrats supported them, independents supported him and he has governed as a progressive

socialist. made a deal with bernie sanders and those middle voters, moderate democrats and independents are unhappy with the terrible economic plan. ashley: i talked about this earlier. i can't think of any growth plan this president has put forward. it is all about tax and spend. >> try to tax the rich, spend more money which essentially means pay people not to work, you've got a constrained labor supply. all these things, the spending, the constrained labor supply create enormous pressure for the federal reserve to raise interest rates. powell says he has to do it two more times. if they would go back to less spending, go back to an economic plan that says we want to help the middle-class, let them keep more of their money, that would make it easy for powell to low those interest rates and we would see economic growth. ashley: don't hold your breath on that.

david mcintosh, great to talk with you this morning. thank you. business leaders penned a letter to president biden to get him to deal with the labor shortage. what do they want him to do? lauren: you could call and immigration reform. it is a group of 126 business leaders, employers who hire people, they want the state to take more power and control in visa allocations. they say congress is not doing its job. very hard to get a visa. when they do get a visa they are usually seasonal. when you have industries like the dairy industry that need year-round work and they can't find it. over 10 million jobs are open and this group of employers say bring in the right foreigners to fill these positions. or the industries that made the most, construction, manufacturing, agriculture and hospitality. ashley: thank you very much, take a quick look at these markets. somewhat muted trading but the dow is up nearly 200 points,

good for a 50% jump. half of 1%, nasdaq and the s&p up 10% as well. now this. extreme heat in texas is not stopping illegal migrants from pouring across the southern border. border agents say more migrants are now dying from the scorching temperatures. casey steagall has that in an hour and we are learning more about the wagoner rebellion in russia. there are reports that one of putin's top generals who may have known about the uprising ahead of time has been arrested. that story next. your wyndham is waiting... to help you check things off your bucket list... ...and his. with 24 trusted brands by wyndham to choose from, your wyndham is waiting. get the lowest price at wyndhamhotels.com

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ashley: live shot of virgin galactic's galactic one set to take off in 30 minutes. the mother ship or mother plane, a twin fuselage jet will be taking off any second now, they will take the actual galactic vessel high into the sky, 50,000 feet before releasing it and that vessel goes on to space. fascinating stuff. accrue from italy, 3 man crew from italy is on board, the virgin galactic instructor and

two pilots, total six people on board. there it goes, taking off, truth or consequences, in new mexico desert, now it's taking off. 30 minutes from now it will release right in the middle of air. to the edge of space and they will have two minutes of weightlessness and they come back down. lauren: they are conducting science experiments and research. how liquids and cells are affected by microgravity could be tremendous. ashley: $450,000 a seat. that's first-class plus. >> these are the only aircraft virgin galactic has, looking to raise hundreds of millions of dollars because they want to do this every month. they have one hundred billion dollars in tickets booked so they need more aircraft to accommodate that. this needs to be successful. ashley: we will keep an eye on all of this for you.

the actual galactic vessel will take off into space after being dropped from the mother plane. let's check the markets. are they going to space? no, they are not, the dow is up 187 points. that's not bad, half of one%, nasdaq down a quarter and the s&p somewhere in the middle. you are looking at the movers. >> reporter: micron is down 4%. the nasdaq is up 30% in the first half of the year. best first half since 1983. micron is doing well. better results but the problem is week outlook and that has spooked investors that despite this big ai demand and bottoming of the pc slump, things might not be so good. adding potential restrictions of exporting chips to china. might have a problem. stuart: mccormick, the space people. lauren: week sales in week volumes, consumer segment volume fell 2%.

people are looking at billy be honey, saying it cost this much, trade down, stock is down 2.3%. ashley: blackberry still the best cheap order. lauren: i miss my everyday. supplies profit, revenue doubled, the expectation came in at $373 million but that was helped by a patent sale, blackberries today. ashley: but those are fantastic. top russian general reportedly arrested under suspicion he was aware of the wagoner rebellion before it happened. lauren: his nickname is general armageddon. reportedly had prior knowledge of the wagoner group's mutiny and possibly aided it and was arrested for it. the criminal has declined to give any details, this general has not been seen since saturday when he appeared in the video calling on the floor

for the wagoner group, prigozhin to call off. no one has seen prigozhin in public but president putin is in public trying to project ashley: power, control, stability. he's going to disappear, isn't he? ashley: a few people will disappear. lauren: as stewart says, watch it. ashley: let's play this again. president biden's latest gaffe, roll it. >> vladimir putin has been weakened by recent events? >> president biden: it is hard to tell but the war in iraq, losing the war at home. it is not just nato. not just the european union. ashley: we have played this a lot and okay, he made a mistake, he mentioned the wrong country but this is the man who

is leading the free western world and seems to be stumbling along the way, does not inspire confidence, does it. >> it doesn't. i think we are all witnessing the cognitive decline of our president and when you look at the stench of corruption that's beginning to rise around the biden crime family i think we see potentially this path, very difficult path to navigate but a path where the white house is going to announce probably by october when you have to start signing up for these primaries and caucuses that the president is not going to run for reelection. the challenge they have is they have to prevent the vice president, the most profoundly unpopular vice president in modern history, prevent any scenario where she might take over and become president. they need to figure a way out of this mess and it is becoming increasingly obvious that our president is suffering from cognitive decline. ashley: who takes over? they've got a pretty weak bench i would say.

>> reporter: this is going to be a sprint and it is going to favor those democrats with name id and the ability to raise a lot of money. my odds-on favorite for the democratic nomination if this happens is california governor gavin newsom. ashley: he's done so well in california, don't get me started. moving on on to this issue, you are sounding the alarm on china's spy base in cuba. in your latest op-ed you write what china is doing in cuba is a big threat to all of us. is it just purely that it's right in our backyard? >> it isn't just that it's right in our backyard. it's that the chinese are taking over this installation was partially demolished in the wake of the dissolution of the soviet union, russia was unable to afford the $200 million a year in rent for this facility and now the chinese are moving in and the big difference is in the cold war era the soviet union and then russia had 1500

linguists and other signals intelligence experts, now we have artificial intelligence and the chinese are leading at that so the chinese will be able to vacuum clean our communications along the southeastern coast, we are talking bank transactions, e-mails, cell phone communications and analyze all of the signals with powerful artificial intelligence and at some point you may see offensive use of that. for example economic warfare. the last thing that concerns me is there's a large training base the chinese are setting up with the cubans and the question is who are they going to train, cubans are fairly high in professionally and professionalism. are they going to train in the 7 latin american countries not yet left leaning or basically in alignment with china and cuba? ashley: very disturbing. hopefully the administration is

thinking about the use things but wouldn't count on it. thank you for joining us this morning. the wall street journal is reporting the spy balloon floated overhead earlier this year was made with some american tech. what do you have on this. >> they looked at the brie, analyzed it, us defense and intelligence agencies, speaking with the wall street journal and found the balloon had a mix of off-the-shelf, specialized equipment designed specifically to survey a land some of it was made by us companies. ashley: oh. lauren: this was intended for surveillance, helped by american technology. when you hear the other journal report that they are thinking of restricting exports of some of our ai tech to china, this could be why. final note, the balloon collected pictures, videos, photos. it did not transmit them back to beijing. captured, didn't send. stuart: who knows?

if they can't make it they will steal it. thank you. now this. new research shows regulations put in place by the administration cost americans $10,000 and that price tags could skyrocket if president biden gets another four years. as we have talked about looking at virgin galactic's first tourism spaceflights such to take off in less then 30 minutes. right now it's in the underbelly of that aircraft you are looking at. we will bring it to you live when we come back. ♪

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ashley: 20 minutes from virgin galactic taking off into space, trying to follow the mothership through our haze, it will go up

to 50,000 feet, drop the capital and take off into space. let's get back to this story. the us supreme court ruled on the affirmative-action case ruling against continued use of racial preferences in higher education admission policies. this is a big ruling, no doubt about it. >> reporter: this is overturning 50 years of precedent. hard to understate how significant this is an the impact from this. this is the result of two challenges. the decision is coming down as expected 63 and one to 2 because justin jackson -- justice jackson had to recuse herself at chief justice john roberts offering the majority opinion. he said this is going to force schools to find racially neutral ways of striving for diversity on college campuses saying many universities have for too long done the opposite and in doing so they have

concluded wrongly the touchstone of an individual's identity is not challenges bested, skills built or lessons learned, but the color of their skin. i am sure we will hear more as we dig further into this. ashley: let me bring in william jacob from cornell university, what do you make of the high court's decision? >> it is extraordinarily important. established or reestablished judicial decisions. very clear statement that an individual is to be judged as an individual, not based on race, something a lot of universities have particularly gotten away from. ashley: critics will say this has a big impact on the representation of black and latino students and bolster the

number of white and asian students, do you agree with that criticism? >> it may have a big impact particularly on asian students because particularly in the harvard case they were the ones who were focus of the discrimination more than anybody else and if the percentage of asians in school is not acceptable to the school of ministry to that's too bad. the constitution guarantees those people to be treated as an individual, not as a proxy for an ethnic group or racial group. lydia: i want to go back to to the precedent being overturned back to 2003, justice sandra day o'connor, author of the majority opinion in that case, that it is okay to use race as a factor but even in that case, listen to this, she wrote in the opinion, we expect that 25 years from now, the use of

racial preferences will no longer be necessary to further the interests. it was never intended that we would always use race as a consideration in college admission. >> that's right. race was a carveout for higher education to be allowed to do what nobody else can do under the guise of promoting diversity, promotes educational environment. that concept has fallen away. you cannot do that anymore. i don't think, it's one opinion, they said we are overruling, in effect they have and that is huge. ashley: thank you very much. big story, lots more to talk about. just a reminder we are 10 minutes away from the virgin galactic spaceflight launch. more varney next.

ashley: countdown is on, 10 minutes away from virgin galactic taking off into space. we are following it. it is 10:51 on the east coast meaning it is time for brian kilmeade. we been looking at hunter biden walking into his deposition this morning, casually with his backpack on. he will be there for a lawsuit

from the owner of the laptop repair shot who is wanting damages for defamation. hunter's scandals are piling up. it doesn't do it justice. where do we go from here, drip drip drip of scandal scandal scandal, this guy seems to float along merrily, doesn't he? brian: years. we are not looking at new scandals. this is paying for the old scandals, he seems to think he is impervious to any punishment. think about when he shows up at that dinner in front of everyone, the cameras were rolling, think about going to camp david with his father knowing the under biden explanation, the whistleblower coming forward about the investigation and now, johnny macisaac, the one whose absolutely getting death threats, because he handed the laptop to the fbi and after 9 months of feeling like a

criminal from the fbi, basically had his dad step in to watch his back, all of the sudden this becomes major news, was told the laptop was fake. she's worried he is worried about his own welfare and now, the washington post says it is real, wait a second. there's still deep framing the, won't admit it technically but they are counter suing him now for exposing things on the laptop while still not admitting that it is his laptop. ashley: it is mind boggling, the whole thing which i want to move on to another scandal. app pizza alliance is fighting the new rules on coal and woodfired pizza ovens, this we wants them to cut emissions by 75%, that means they could end up spending 20 grand on new filters. all things happening in new york city, we been talking about this a lot but is this the focus that we should be looking at? brian: it's bizarre, mayor adam

saying kids should make sure every teacher gives kids 5 to 7 minutes to sit still and breathe, really? is that the way you want to get math scores up and english scores. now they decide to focus on pizza kitchens. it is a medical something you talk about, they have no sense in the democratic party of what it is like to run a business. nobody who ever ran a small business from dry cleaner to small restaurant would walk in and put a mandate on something with margins so small it would require $20,000 before you shut down. shutting down businesses fighting them like they were during the pandemic, crashing into kitchens, finding a short order cook so they could hitch a $10,000 fine and similar to the $20,000 you've got to go to clean what is in your chimney and don't tell me it won't me you won't change the taste of the pizza. it will affect the heat. experts say it will affect the pizza. are you going to take everything good about new york,

the mets have had a disappointing season, now we are giving up pizza. i looked at their combining, i hope they all show up because if you 've ever been to a pizza place they are loud and confident people he? a you don't want to cross them. ashley: we had polly g on yesterday. what boggles my mind more than anything is these policies are ridiculous and in new york city, in chicago, in san francisco these liberal progressive government leaders even when booted out of office are replaced by another liberal progressive leader. i don't understand why voters don't kick them out. brian: republicans have given up on the cities, we are the organizations, might take a few elections, when you present them you present them with another opportunity, another legitimate option and it makes everybody better but right now

they say focus on the governor races, focus on the areas we can be successful instead of realizing to be a successful party you can 't do it without the urban community. we become very polarized and give up on certain sections of the country. i would love to see rudy giuliani emerge in chicago and philadelphia and new york and los angeles and san francisco. ashley: we will keep on dreaming, the next pizza is on me, that's a promise, thanks for joining us on fox business, we appreciate it. we are moments away from virgin galactic's spaceflight launch, keep an eye on it through the haze. it is set to take to space in just about 5 minutes. still ahead, mike huckabee and donald trump gaining ground in the 24 race. tom fitton on president biden snapping at reporters who asked him about his involvement in his son's business dealings.

wesley hunt, the 11:00 hour of "varney and company" is next. ♪ ♪ ♪ tourists tourists that turn into scientists. tourist taking photos that are analyzed by ai. so researchers can help life underwater flourish.

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>> bidenomics comes with some of the risks. i would see some of the risks we've seen