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♪ ♪. stuart: phil collins i love him. he kind of faded rapidly. >> his daughter lily is emily and paris. stuart: good morning, everyone. whatever lauren says. 10:00 o'clock eastern time or to get straight to the money. the nasdaq 1060, the dow up 30 not that much movement, everybody's waiting for the cpi tomorrow morning, watch out mips shock the ten year treasury yield where are we moving down a fraction to 4.01% not much movement, you better check this out it implies gas prices are going to go up some more, you have created at $84 a barrel up a dollar and 20 cents. as for bitcoin and briefly hit 30000 back to 298 as we speak that is markets on wednesday

morning. 24 hours ago on this program fox reporter bill melugin reported astonishing pictures from the border armed cartel walking to our country carrying rifles, some were wearing body armor, they were like shop troops, what on earth are they doing here. last night migrants rushed aboard a icing under crossing and brownsville texas we are told it was a stat organized by our office. were very reassured. new york city is in crisis roads migrants tripping on the streets of manhattan, taking a local sports complex to build facilities for 2000 men, there is talk of intensity in central park. massachusetts had declared a state of emergency, migrants had filled every available space in state shelters. where is the president, he went to the grand canyon but not to the border. he did not talk to locals that have been overrun, he did not see the streets lined with fentanyl. he did not want anything to do with the problem he created.

it's on us now. every state has become a border state. we will have to figure out what to do at the numbers keep going up. they will keep going up. central america is on its way. once they are here if there is no way they are going back. in a way biden has one. this is exactly what he wanted. the second hour of "varney" just getting started. stuart: karl rove back again. i wonder finances whiteboard. we will see. biden has made every state a border state, will he ever pay a political price with this? >> absolutely i think it is, take a look at the polls and shows americans disapprove of his handle of the border issue by a huge margin. you are right, every state has always been a border state but

now they're waking up to the reality of being a border state when all the pious promises of being sanctuary cities were tested by sending them people who came across the border. this is what border states like texas and arizona have been suffering through four years and for chicago and new york and philadelphia and boston to now be complaining about having a handful of illegal immigrants compared to what the border states have been handling is really remarkable. welcome to the party. stuart: and my editorial a moment ago i said biden has one. this is exactly what he wanted. am i right? >> i don't know what his motives are, biden's loss, is demonstrated as incompetence. americans understand that you need to have a secure border, i'm a huge proponent of immigration in a third-generation american. the great-grandson of a norwegian peasant. where an emigrant country. you have to have a control of

your border so you know who's coming in and can make decision about who can stay. this is ridiculous to assume there is no problem on the border. they need federal troops and more resources and they need more technology and they need to have strength to say to people they come here illegally you be returned out of the country so don't come, come legally, apply in your home country and wait your turn but don't come here illegally it'll make it harder for you. we will send you back home as quickly as we can. stuart: i wanted take a look at this headline from nbc news, biden's brand is being tested like never before. when democrat strategist said it's not just the economy is not because people are concerned about inflation, it's not just because people are concerned about his age, his brand has been damaged by him and those around him. it seems like there is a revolt within the democrat party, are

you convinced biden will be the candidate? >> first of all i wrote about this issue on july 13 on the wall street journal, the most important thing a presidential candidate has is a sense of authenticity we thought he was uncle joe from scranton and all the sleeves that were hearing about with devin archer and hunter biden knocks away at it. as did the issue of refusing to acknowledge his seventh grandchild. but i don't know why i say this, i just think that it is unlikely that he is good to be the candidate, the democrats are not that dumb they cannot sit there and say truly good for a party to have a guy who will be 82 after the election and hope that he will get better, he is not going to get better, he's already suffering, the job is a tough one and one that requires energy and focus and discipline and is 81 about ready to turn 82. if i had to bet i will bet that biden would be the nominee that

i take the nam and nonexistent field against him. have a wealth of talent just chomping at the bit to run whether new summer polis or witmer work klobuchar or murphy or booker, there's a wealth of people to be talked about or who want to run in the democratic party would be better served by having a younger face. stuart: just the question of how do you get him out, good question. karl rove, thank you. thank you very much. stuart: to the market not much price movement i think people are waiting for the cpi tomorrow the dow is up eight, the nasdaq is down 63, any big war with us this morning. was talk about the consumer price index with us tomorrow we have predictions it's good to go up year-over-year. the consumer inflation rate will go to 3.2% up from 3% previously. if that happens i'm not suggesting it is not forecasting

but if that happens what happens to the market? >> the fed's biggest nightmare will be every acceleration of inflation. if it comes in line i think it'll be a nonevent. we go about that from an acceleration perspective that's going to be a real problem for the market. if this sells off because of the re-acceleration it still buy the dip environment in the short term until we go into a recession. if you do see that and trying to make a tactical move that'll be a good opportunity to do so. oil prices where they are and commodities there is a chance whether the cpi or next month that shows august i think it is clear that inflation will stay sticky and may accelerate over the next few months. stuart: you are talking about dip buying before we get into recession, that's not like you these days. >> you know where i stand on this economy but we did start buying the dip in june that i

shared with your viewers and clients but were cautious our largest position as money market because of the handsome yield. but there's opportunities to pick your spot. until we had this recession there's probably still get to be the by the dip environment and you don't want to fight the t take. stuart: on the repayment started again for student loans they start again in october. what is that going to do to the consumer? >> the consumer is already struggling, the only reason why were not in a recession is because of government spending. once we had october that could be a major headwind and that's going to be the last straw that breaks the consumer and leads us into a recession sometime toward the end of the issuing beginning of next year. credit card debt is soaring. if the consumer is strong why is that continuing to soar so there's not enough disposable income to cover all the payments that we're going to have to face starting in october. stuart: looks pretty grim as

outlook. see you again really soon. let's get back to the overall market, were looking at movers especially draftkings. >> penn national is up 15%, competition from penn entertainment to launch the espn vet the sports betting business is for draftkings and that's why they're down. stuart: there is a bid combination, disney takes on gambling, that's quite a competition. the next case were b parker. lauren: there is a story right over there. from $95 to 295 you can get a pair of glasses in days shipped to your front door, the revenue rose, only about little but it rose by 11% and they raise outlook for the year, the stock was sharply higher moments ago. stuart: axon enterprise, they make teachers. lauren: technology and weapons

they raised it after the current quarter revenue rose by 31% and then they came out and said a.i., we've been using it for six years now and they have been testing and integrating into the product since 2017. let me give you some examples, a.i. get data from the police officers body camera and can compare that with an oral police report and do a police report just like that. automatic license plate recognition, think of all the things the axon does that a.i. enables. stuart: automatic license plate. lauren: that can be scary. stuart: you can follow anybody anywhere all over the country. lauren: would you really think about it you can't get away with anything. lauren: even the innocent people to make one little mistake. stuart: united auto workers union made new demand on the contract, what is new.

lauren: of 46% pay increase that's been talked about, you go from $32 an hour to 47. that is a big deal but there are reports if you include the other benefits like taking the 40 hour workweek and make it 32 hours that brings total labor cost to $150 an hour from $64 right now, union shops like telsa 45 - $50 an hour. nonunion when you look overseas it's more like $55 an hour. stuart: it would cost 80 billion over four years. lauren: for ford, gm and still lantus that would wipe out the profits. java hundred and 50000 union workers demanding more from t this, we have not confirmed that this is what they want to but they have called their demands and this is audacious and the asking for something big and there will be pushback by the automakers but i'm not sure how much you can push back when you're in this environment and

ups is about to sign the deal that they reached. stuart: the ups deal is very rich for the workers and as i understand it there being delusions with people who want to work at ups because the teamsters contract was so rich. lauren: a full-time ups driver to make $170,000 a year. think about that remember when i was at the crayola factory $134,000 a year for the top pain factory workers. we see a salary like that and wages that started $21 an hour, google searches for ups driver, indeed.com searches for ups drivers all spiking do you think ups will go on a hiring spree at these rates, no losing market share, we saw that the report card, in the lead up to this deal 1 million packages a day were sent over to their rivals fedex in the post office. stuart: not good, interesting

stuff. now this riley gaines stepping up her fight for fairness in women's sports, far left protesters were not having it, they spit on her, through things at her and walked in for a bill signing ceremony and riley will tell us about the hostile encounter later in the show. house republicans release new bank records showing payments made to the bidens from russia, ukraine, kazakhstan, china. as an impeachment inquiry eminent. tom fitton on that. soon issue at gag order for donald trump as his legal team and d.o.j. lawyers prepare to meet with the judge overseeing the case. david spunt has the latest on trump's legal troubles next. ♪

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1-800-217-3217. that's 1-800-217-3217. stuart: donald trump legal team and did a part of justice lawyers are set to meet the judge on friday they're going to hash out the details of a potential gag order on the former president. david spunt joins us, and try to explain what's going on. >> a lot going on and it's changing constantly we should know more on friday from the moment donald trump was indicted in the recent case out of washington, d.c. the case where he is accused of trying to overture the 2020 presidential election he argued the case is about free speech. he did so yesterday in new hampshire. watch. >> i will talk about it, they're not taking away my first memory.

>> trump's attorney said the political speech is under attack in the indictment and the overarching theme is about free speech, special counsel jack smith writing in the indictment last week, the defendant meeting trump had a right leg to speak publicly about the election even to claim falsely that there had been outcome determinative fraud during the election and that he had one. smith goes on to say what was illegal are the attempts trump tried to switch votes from joe biden to himself and he did so by ordering fake electors and they collected certificates. judge tonya chutkan set the state in two days on friday for trump's legal team in jack smith's team to come in and debate a potential protective order, the special counsel wants a protective order to ban trump from talking about general aspects of the case after he went on social media over the weekend and if you go after me, i'm coming after you. smith's team took this as a

representative potentially two witnesses or even people in his office, trump's attorney say it was people political speech and he was talking about rivals on the campaign trail. depending on what the former president types on social media it's possible the government which is more restrictive and no talking about the case and that would be extraordinary as trump's team will say free speech is under attack and is political speech is under attack during a heated campaign trail. that would be tough to imagine for the next year end a half, he would not be able to talk about this case, he would ignore a protective order and we're going to have to see how this plays out, no order in place, this is a proposal from the justice department and the judge has to take this under advisement, he could say no order at all. >> i could not imagine a gag order in the presidential campaign where he is a leading candidate from his party. that's extraordinary. you explained it very well and

we appreciate that. donald trump says these indictments are going to keep them off the campaign trail. roll tape. >> how can my corrupted political opponent, cricket joe biden put me on trial during it election campaign that i am winning by a lot but forcing me nevertheless to spend time and money away from the campaign trail in order to fight bogus, made-up accusations and charges. i'm sorry i will not be able to go to iowa today or new hampshire today because i'm sitting in the courtroom on l leap. stuart: bleeped out, tom fitton is with us this morning. as biden deliberately using the courts to disrupt the campaign of his political opponent? >> for sure you have the two prosecutions out of the federal government and you have to remember you have these allied democrat prosecutors in new york. there is a plan prosecution to georgia by a democrat.

i don't have any prosecutions of one man who is running against biden, do you need before you figure out that maybe the democrats want to use the courts to decide the next election to the sham indictment as opposed to allowing the america people to have their say. as far as i'm concerned the elections are to been compromised by the intervention of the justice department by trying to put their thumb on the scale and the whole court fight, i think your viewers should just consider that the courts are tried to figure out how much to restrict donald trump speech. no matter the court order or the gag order. it could be restrictive and that means joe biden can prosecute trump and he can't fully defend himself if the justice department gets its way and the judge has even instituted a

normal protective order. stuart: this is not the america i became a citizen of ten years ago. it is not the same place. hold on a second. >> it is a key first amendment issue. smith is being dishonest, you have a right to petition your government that's part of the first amendment not just speech you can follow up on the speech saying i want this to happen he had that as a president, as a candidate and as a citizen that is a signal to trump and anyone who disputes elections, we will jail you if you don't like what were doing. stuart: fox obtained another set of bank records from the house oversight committee. it ties to the biden investigation more than $20 million in total flowed into the biden bank accounts from foreign sources, russia, ukraine, china, are we close to an impeachment inquiry?

>> i think it's an avoidable i think the impeachment train is coming in my suspicious based on information i had previously from what house members here and back home, they want impeachment and accountability and because the mirror of that because republicans keep on doing hearings and throw out this material about biden and people say what's going on other than politics. if they want to reassure the american people that they're serious about this impeachment has to be on the table in addition to defending the justice department and the censorship and the other abuses. and i'll see how it's avoidable at this point, what other evidence could you possibly need to begin an impeachment inquiry at president biden. stuart: we have the bank accounts, the bank records, pictures of them all over the place. >> there is powerful evidence

that the sitting president of the united states was an unregistered foreign agent. >> that is not politics. >> that is true. i'm sure some republicans don't want to do it and understand politically why it may not work out the way it may help but i don't think they have a choice ethically and morally and constitutionally and to fulfill their oath of office to protect the constitution other than to impeach president biden and certainly move towards an inquiry there and speaker mccarthy should cut to the chase and get it done and stop pretending to argue to have a similar type of argument with himself about whether he supported or not in public. stuart: tom fitton recognizing hardball. we appreciated, think you a lot. president biden is losing ground

among black and latino voters, less than half supporting. what is the issue. we'll get into that. another democratic governor criticizing biden porter response the massachusetts governor slamming the administration for a federal crisis of inaction. that story is next. ♪ let innovation refunds help with your erc tax refund so you can improve your business however you see fit. rosie used part of her refund to build an outdoor patio. clink! dr. marshall used part of his refund to give his practice a facelift. emily used part of her refund to buy...

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♪ stay off the freeways! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ stuart: on the market i see a little bit of red ink not much the nasdaq is down 69, fractional gain for the dow, fractional loss for the s&p not much movement were waiting for the cpi tomorrow looking at some movers, zip recruiter. >> the job posting site, the stock is down 16%, the earning is fine, the industry in the academy taking the stock down and reluctant to pay for job advertisement the number of jobs that are open and dwindled significantly from the peaks of 2021 in 2022. >> a fintech company called

upstart. >> they use a.i. to make the decisions. >> tighter lending standards are cribbing their ability to grow, the revenue fell in the quarter wrapped up. the stock is up almost 300% this year. stuart: a.i. did not help. >> there is a cybersecurity company called rapid 7, there on your screen up 15%. >> is laying off 18% of their staff about 40 people in there cutting cost. >> that's a tough reason. that was what zip recruiter is. about the job market and the economy. >> a new gallup poll in the political divide is a deep name why am i not surprised, good morning to you, details please. >> no surprise at all, good morning, the new survey showing americans far apart on several key issues, for example in 2003 and 11-point difference in the republicans and democrats

emigrated should be decreased it is now 40 points. in 2003 republicans slightly less likely than democrats that the federal government had too much power. take a look at that maybe three quarters of republicans agree with that statement versus only 31% of democrats. a number of republicans that say that the government should ensure everyone has healthcare has plunged in the last 20 years, now there is a 55-point gap between the parties, 85% democrat, 30% republican, the poll shows your political identity these days more than ever is highly correlated with their views of social and policy issues. the difference is to have a huge chasm between. stuart: chasm is a good word, that is accurate. now take a look at this, president biden losing support

among black and latino voters. less than half supporting, 33% support trump this was a poll of nonwhite, non- college-educated blacks and latino folks forget daniel geiser is the president of the initiative, can you put your finger on why biden is losing support with these two groups. >> a disloyal friend is no friend and i think latinos are feeling like those of the democratic party have been given more chances and they deserve the party has turned its back on hard-working americans. instead of getting tax relief, millions who work as farmworkers, landscapers, construction workers, those who work in dairy and cattle are having to pay the taxes to cover the debt of college graduate and nonsensically, this administration is working to achieve energy scarcity as governor. was explaining later in the show when it's the working class you

need low-cost reliable energy, the corruption of the biden family of latin american politicians the hispanics fled from and still on top of all of this it is inflation in the economy and the highest concern for the american voters and democrats are getting creamed on this issue. over 80% of hispanics say inflation has negatively impacted their lives. a vast majority are telling us they believe the economy is going to get worse and as gas prices spike, it is bad out there. >> tell me how the latino population feels about the migrant surge. >> cartels controlled the entire region of the mexico border, the cartels lay down the law on small border towns like the ones where my parents live in and they live in fear, human smuggling continues unabated. journalists are mowed down for reporting the atrocities on the mexican side. any concerned individual

reporting any cartel activity will be dealt with. often with fatal consequences but this administration would rather distract you involving the border agents. it's a horrible slanderous lie that they perpetrated on our men and women who serve this country and meanwhile americans are not be prioritizing. this administration could care less. >> it appears that president biden did not get the support he was expecting. daniel geiser, thank you for joining us, i know we will see you soon. >> the democratic governor of massachusetts going after the democrat governor in massachusetts, what is she saying. >> democrat mara healy calling on the house to expedite white country work permits for asylum-seekers inflaming the administration for what she describes as a federal crisis of an action that has been many years in the making, healy has

declared a state of emergency as massachusetts tries to secure more accommodation for more than 5000 families currently in the states crowded shelters, the governor's emergency declaration comes as democrat leaders across the country have described the migrant surge as a national problem that needs national leadership. no kidding, so for the biden to administration as we know barely budged on the issue say the national immigration problem requires a congressional solution, pass the buck even though it is your fault. stuart: now this former ncaa swimmers riley gaines and paula were accosted by trans activist. watch this. >> riley says these attacks will not take away from their huge win to protect women sports. riley gaines is next. ♪

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stuart: breaking right now senator diane feinstein taken to the hospital in san francisco. lauren: she was checked out by the hospital introductory she fell inside of her home. she's been released in here is a statement from her office, senator feinstein briefly went to the hospital yesterday afternoon as a precaution after a minor fall in her home all of her scans were clear and she returned home. she's 90 she's been dealing with health issues recently, shingles, paralysis on part of the phase that are absent from the senate for three months in her daughter has been given power of attorney. stuart: we wish her well.

riley gaines and other women sports advocates attacked by protesters if they save women sports act signing ceremony. [shouting] stuart: enough of that, riley gaines joins me now. will you take us through what happened and tell us, what happened to you. >> we were there for the ceremonial bill signing governor abbott of texas was signing in the texas women's hall of fame which was a fitting place for the signing to occur and upon arriving we were met with protest naturally to no one's surprise, these protesters were yelling the most vengeful, awful

obscene things they were saying we were racist, sexist, anti-trans, they kept telling us that we had blood on our hands, we were killing people and let me reiterate for wanting fairplay they were calling as murderers that's the extent of what this property under protesters look like, they were spitting on us and they were dumping water on us, throwing glass bottles in several young girls and they were flipping the young girls often yelling obscenities and profanities to these young girls and families which is extremely traumatizing for girls as young as eight years old. >> i wouldn't talk about the women's world cup team. >> it is okay for transgender athletes to play in sports. let me make of that. did repeat as activism affect the team's performance. >> you have to think it did.

being an athlete myself i know how much culture matters to a team it's everything you can't perform on for not willing to do something for bigger than yourself in these girls worked they represented the u.s. but look at these pictures, they are kneeling and they don't understand the scope of the pressure they had on them in the responsibility and representing something other themselves and they felt that that and as far as we go she's a sellout. >> a sellout. thought for women's rights, but for people underneath way, it equal resources she's undermining her entire fight. she is retiring, she is done playing, she doesn't have a daughter to defend, she would rather be seen as kind and as inclusive or purchase or

whatever and whatever term you want to use it in the process she's taking away opportunities from other girls. stuart: i know you launched the riley gaines center at the leadership institute, what will this do to help women athletes? >> is something i had when i began to speak up there will be training and resources and support, and disempowerment to encourage people to leave whether that is in their community or the university on their school board, whatever that looks like we need more leaders in the training program to the riley gaines center we will build and develop just t that. stuart: all good stuff, thank you very much for being here, we appreciated it.

dave portnoy will be on our show tomorrow at 1030 eastern he's going to tell us about his decision to buy back barstools sports, don't miss it. the new battlefront in the war against woke this, more companies facing backlash for implementing diversity, equity and inclusive, madison alworth reports, the university of nebraska lincoln facing the civil rights complaint over a program for black filmmakers. i'm going to ask cornell law professor phil jacobson if are trying to get rid of all racial preferences. he is next. thank you! like your workplace benefits and retirement savings. with voya, considering all your financial choices together... can help you make smarter decisions. for a more confident financial future. hey, a tandem bicycle. you can't do that by yourself.

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stuart: i think were waiting for the consumer price index tomorrow certainly at the dow, as a five, s&p down six, the nasdaq is moving, 86-point loss right there. conservative groups taking companies to court over the diversity, equity and inclusion initiatives. madison alworth, on what grounds are they suing. >> there taken the supreme court ruling against affirmative action and universities in their using that to launch lawsuits and petitions against similar efforts at corporations. these are companies of diversity, equity, di efforts, the activists using similar

tactics. companies are violating rules and discrimination favoring only certain sexist and racist. a group of gop attorney general have also sent a letter to fortune 100 companies race-based companies and hiring firing taking apart under employer under federal and state law to refrain from discriminating on the basis of race whether under the label of diversity, equity and inclusion and otherwise. while companies are publicly saying that they are committed to the diversity initiatives there is legal expiration behind the scenes into whether or not they should adjust their practices and without that we see the shift happen. in december of 2022 the 12 month attrition rate or people who were let go in de i rules was

33% much higher than the 21% for non- de i rules and the fallout hitting the markets as well. s&p global just dropped the scale that measures environmental, social and government factors when assessing a company's credit quality. it's happening everywhere. >> the pushback is working and use the across-the-board. stuart: thank you very much indeed read the university of nebraska lincoln was hit with the civil rights complaint over a program for black filmmakers, william jacobson is a cornell university law professor and joins me now. professor, is it legit that he university in america today has a program specifically for black filmmakers, is that okay with you. >> it is not okay that's why we filed the complaint over it because this is a program that is racially exclusionary you could only apply for if you're a black filmmaker and if you

reverse the roles, a federal program only for white filmmakers it would be a national story, it would be outrage everywhere. but for some reason university seem to think discrimination is okay depending on which direction it targets. >> it seems a witch trying to end all racial preferences of the incorporations or colleges or high schools or wherever, is that your goal? >> that is the goal and that's with the 14th amendment says equal protection of the laws, that's what the supreme court has held and that's our goal equal protection that we want to eliminate the use of race in terms of who gets what benefits from society that should be your highest idea. unfortunately it's only controversial because we've gone decades now particularly in academia with the opposite was the intention. >> i remember as a younger man 50s, 60s and 70s. it seemed like the objective was a colorblind society. we seem to have rejected that,

or weakening back to that ideal? >> i like the term color neutral that we can recognize what people are and we can recognize history, we do not have to ignore it but everybody is entitled to treat neutrally based upon their skin color we don't give somebody favorite disfavor because of skin color that's where we have to go and that's where were trying to take us. stuart: to use the have a job, what you are saying is not very popular on the campus these days. >> i'm still employed as a five minutes ago my login still worked. it's a dissident view when many campuses but is something most students in most faculty support and they are afraid to speak out, people don't like this racial discrimination. >> i thought the student body and the faculty was gung ho for all kinds of preferences.

>> the activists are a small percentage, most students don't like this were appreciated but there afraid to speak out. stuart: professor william jacobson, thank you very much for joining us and enlightening us all, we appreciate it, come again soon. a quick check of the markets, where are we now, red ink down 117 on the nasdaq that's where the selling is concentrated. martha maccallum ron desantis campaign staff shakeup, douglas murray backtracking on his climate policies. neil sean on harry and meghan reported making a peace offering to prince william and this millions of dollars floated into biden family bank accounts from foreign sources. no one can say what work was done on services provided. hard evidence of the biden family is corrupt. that is my take, it is next. ♪

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>> we thought he was uncle joe