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good morning, every one. 10:00 eastern. it is 10:00 eastern. let's get to the money. i now see green. we open the market in the red, now we've got the dow up 68, the nasdaq actually up nearly 11 points. where's the 10 year treasury yield. it had been higher earlier. it it is still high, looking at 464. oil had been $93 a barrel. where is it now? $92.67. bitcoin, 26,500, not much change. pending home sales just in. lauren: down sharply, down 7.1% in august from july and if you go year-over-year pending transactions fell by 18. 7%. i don't have to remind everybody of a reason. of the reason. mortgage rates consistently above 7%, supply hasn't improved.

stuart: that real weakness and pending home sales account for the dow's turnaround to the upside because it suggests slowness in the real estate industry pushing us into a recession. there you go. we are up 75 points on the dow as we speak. here are the biggest moments of the night. watch this. >> 5 is giving advice to those workers coming in washington dc, that's where the protest needs to be, capitalism is still the best system known to man to lift us up from poverty and we should not apologize for it. >> president biden's interference with capital markets and free markets, that's why they are striking, they need to thirds less workers to build an electric car. >> president biden's green new deal agenda is good for beijing and bad for detroit.

>> ron desantis is against tracking, against drilling, has been against, he always talks what happens on day one, better watch out because what happened sunday 2 is when you are in trouble. >> someone who has never seen a federal dollar she doesn't like. $0.10 in south carolina as the un ambassador. $50,000, $15 million subsidized location. >> are educations system is focused on indoctrination, denying parents rights, florida represents the revival of american education, we don't just talk about universal school choice, we enacted universal school choice. stuart: jason che affetz joinse now. >> i thought it was a good day made other than all the interrupting. in terms of winners and losers

i thought governor desantis for me did the best. i think when he talks about what he's done in florida, his standing up to all the things coming at him, that's a strong point, america looks at it and said we would be like florida than anybody else, how come our state isn't doing those types of things. i thought he had the strongest debate performance. there were some losers along the way, but ron desantis was head and shoulders above the others. stuart: do you think any of the candidates move the needle enough to close the gap at least a little on donald trump? >> the challenge for governor desantis is with two strong debate performances how does he move up in the polls? the next debate people would like to see half the number of people on stage but would like to see donald trump on that stage. that's the challenge for the candidates.

hard to break out when the leader who is laughing at people at this point, donald trump is not in the room. stuart: chris christie and ron desantis went after donald trump after he skipped last night's debate. >> donald, i know you are watching, you can't help your self. you are not here tonight, not because of paul's and not because of your indictments. you are not here tonight because you are afraid to get on stage and defend your record. you are ducking these things, you keep doing that, we are going to call you donald duck. >> donald trump is missing in action. he should be onstage tonight. he owes it to you to defend his record, where they added $7.8 trillion to the debt, set the stage for the inflation we have. stuart: as everyone knows, trump was a no-show yesterday. can anybody, any of those candidates catch up with him? >> potentially.

stuart: how does that happen? >> end of september the desantis strategy for instance is do well in iowa. if you don't do well, at least by number 2 or three you've got to be in the top two coming out of iowa, then you live another day. some candidates, the bottom four or so should probably drop out at this point. they have no hope of pulling it off but i do think there is some hope. how do you consolidate that support? that's a big challenge. stuart: insurers. stay there. you are with me, you have a great responsibly of staying with me for the hour. donald trump fired back at the gop candidates who were not happy he skipped the debate. what is trump saying? lauren: it is more important for him to save the auto industry which is why he was in michigan at a new in -- nonunion shop, countering rival

republicans who were debating on that stage where you are, donald trump said, quote, i thought it was more important considering i have a 56 point lead for me to deal with the uaw and the fact the biden administration is willing to destroy their jobs over the next two years by going all electric and he also sounded off on those donald duck comments, the nickname from chris christie, anybody that would come up with that nickname should not be running for president. stuart: he is the king of nicknames, isn't he? >> you think that one landed? stuart: i think it fell flat. talk to you later. we go back to the markets right now. where are we? still a little bit of grain, not much price movement on thursday morning, the price of oil had been 93 when we opened the show, 92 now, not much change. gary, oil, $92 a barrel, yields on the upside 5.

16 on the one year treasury and not a healthy environment for stocks, what say you? >> nothing good happens when yields in oil prices go up, that's the cost of everything going up, whether the smallest consumers are the biggest corporations, eating into people's wallets and big corporations profits and that is why you see the market down. the only good thing i can tell you just for the second is the dow is down 1700 points in ten days, yesterday's low, maybe we bounce, the trend is up in yields in oil and if it continues that's money coming out of the economy and expect the economy to fall off. stuart: wait a minute. i missed that. expect the economy to fall off the ledge soon, talking nasty recession soon? >> timing is everything. i have been waiting and waiting on it and i'm starting to see

that we are about to head lower because of what we are seeing. california's and employment rent from 4.6, the under usually follows and if we lose the job market i can promise you we will have negative gdp numbers regardless of government spending coming out of the biden administration with unimaginable $2 trillion deficit this year which is bigger than all our federal spending in 2000. just insanity in dc. stuart: i will throw this at you. ceo of bank of america says that strong consumer spending could mean a soft landing, that contradicts your point of view i think. >> he's looking backwards, looking forward simple as that. anybody can get a chart of savings rates that plunge, credit card usage skyrocketed and that is a one-2 punch. if that continues, there is

only one way we are going. i hate saying this but i'm a big believer in reality. i'm a big believer in facts, the facts are really showing up right now that we are starting to see some straining. i look at the stock market also, the worst acting stocks right now, discretionary spending, restaurant stocks crushed recently, airlines on the back of higher oil prices. i hope i am wrong but we will get a moment soon and hopefully it doesn't get too bad. stuart: we keep coming back to the same thing. what's wrong with 5.65% on a 65 treasury? >> riskless. add that to your statement. 5.6 with no risk versus being in the market, good risk sometimes up, plenty of risk. a great way to go but now the 10 year is getting elevated and hold onto 4647 for 10 years

instead of losing the one you're at 5. 6. you got a 1-year you don't know where yields are going to be a year from now and they could be lower. if the economy dips, they could come down and you reevaluate lower yields. 5.6, good with that. stuart: stuart: all right, thank you, see you again soon. social security trust fund could soon be tapped out. how soon? lauren: in a decade. social security is funded by payroll taxes and to trust funds. when the latter runs out in 2033 as expected, it's just payroll taxes funding social security. what does this mean for you? the average retiree will see $13,000 a year less in their benefits. something needs to be done proactively to secure the system. the gop hopefuls, nikki haley, ron desantis suggest raising

the retirement age for younger workers to combat those expected trust fund. mike pence is expecting privatize social security, something needs to change. stuart: thanks very much. you can't touch social security, you can't touch medicaid or medicare, third rail of american politics. >> 75% of the federal expenditures are mandatory programmatic spending in this country, medicaid, medicare must social security, hundreds of other programs which i wrote an op-ed for foxbusiness.com and said this is the difficult part of being the leader of this country, nobody wants to talk about this but that changes the trajectory on our national debt. nobody is talking about, the debate going on right now in congress is about discretionary spending which is less then 10% of the overall budget. you are not going to change those numbers unless you do those hard difficult things. stuart: has any president in

your memory ever really cut spending? >> no. the problem, particularly the democrats figured out they don't want to deal with that so they put them in mandatory programmatic spending and interest on the debt and national defense, that means upwards of close to 90% of the budget moves forward without congress doing a thing year after year. stuart: thank you, stay there. more from you later. in 14 days, the autoworker strike, no deal on the table, they are threatening to expand the strike. the white house claims continuing resolution proposed by republicans would eliminate border agents and trigger, quote, a windfall for the drug cartels. republican congressman muscle fry will deal with that later. house republicans are holding their first public impeachment inquiry hiring into president biden. david spunt has the report next.

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hearing, and inquiry is simply a fact-finding mission, this is not an official impeachment hearing or an official impeachment vote. president biden is the main topic, his vice presidency when he left the vp's office, another name will heal hunter and -- hunter biden, the president's son and more about his overseas business dealings. democrats are sticking by their present arguing hunter biden has amount of legal problems and questionable do business dealings but doesn't tie into the president. the oversight committee we go from four witnesses, two law professors including jonathan turley, frantic tax accountant and former department of justice tax official. stuart: thank you. congress on russell fry, congressman from south carolina. i don't want to be simplistic but does this boil down to a simple issue of bribery? >> that's one of the many issues. at the end of the day, 1023

synthesizes this case better than all the other evidence we have. this hones in on it. a burisma executive said he paid $5 million to hunter biden and $5 million to joe biden. we've seen the us policy influence to take care of this company is the crux of the evidence today. stuart: you have nothing unless you have a direct link to president biden's bank account. that's what you are looking for? >> unfortunately for the democrats they keep moving the goal posts every week. as more evidence mounts, just yesterday, 700 pages of evidence was released which one of the key points, communication from hunter biden saying that joe biden was the key to his family's business.

they moved the goalpost, said they never talked business or talk to foreign adversaries or foreign countries about the family's business. that has proven not to be true. that is where we go today. quite frankly no one believes it. neil: stuart: let's turn to the impending government shutdown, the white house is slamming the continuing resolution proposed by the republicans, they say it will, quote, laminate 800 border agents and trigger a windfall for drug cartels. what's your reaction to that? >> other than the fact that this is an egregious orwellian propaganda, kim jong-un would be proud of the propaganda from this white house. in this administration everybody from the ground to the top said the same thing, the border was secure three years ago. it has never been more secure than it is today. last week federal agents were cutting wire on the southern border to encourage illegal

immigrants to come in. what the white house is spinning up right now just doesn't ring true. house republicans are the only entity in washington that have done anything. we patched hr 2 months ago that will secure the border, restore order on the border and we have to go if they want to be serious about it let's be serious, let's legislate, get this done. quite frankly they have not been serious up to this point. stuart: congressman russell fry, thanks for joining us, i know we will see you again soon. ashley webster, i know you are there. here's my question. who would be to blame if the government ends up shutting down. is always the republicans, isn't it? stuart: you are on to something. new poll suggest voters will be more likely to blame republicans in congress than democrats for government shutdown, the survey conducted by yugo show a third of voters, 29% said they would blame republicans for shutdown.

only 14% said they would blame democrats. 13% said they would blame president biden but the larger share, 32% said they would blame everyone, democrats, republicans, biden, you name it, they are all to blame for the shutdown. the senate is pushing bipartisan stopgap bill, but we know there is no support from those house conservative so the clock ticks. stuart: yet again. back to you later. what have you got to say about this? do you think they will get this deal done? >> no, not right away. there will be some degree of shutdown. they had five weeks when they took a recess and could have done regular order, they could have been doing these individual bills but they didn't so to force them in at the end, we are headed towards a shutdown.

stuart: looks like it. certainly does. thank you. now this. the border crisis took center stage at last night's debate. which candidate had the strongest plan to tackle migrant surge. next, governor nikki haley will be sitting next to me in simi valley, california. we will be right back. ♪ ♪ this is spring semester at over 13,000 us school districts, which have become top targets for ransomware attacks. but there's never been a reported ransomware attack on a chromebook.

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stuart: we've got green on the screen, down those drills up 40, nasdaq down 14, s&p up 3, not much price change. i think carmax is down 10%. tell me why. >> slow demand for the used cars that it sells, same-store sales down 9% versus last year so overall disappointing earnings report and they say they are monitoring the uaw strike pretty closely. take a look at workday, human

work source, down 10%, they lowered their subscription revenue growth target for the next three years. we've got a winner big time, chico's, the women's retailer is getting 62%, sycamore partners is taking it private in $1 billion or, they are known for bets on retail in the consumer, with a 65% premium. stuart: i would, 62% upside move a significant move. that is a legitimate thing to say. last night former governor nikki haley talked about how she would handle the migrant crisis if she were president. >> we have to secure the border, we defund sanctuary cities. we need to put 25,000 more border patrol and ice agents on the ground and let them do their job. i spent or hundred miles down that border and telling you border patrol agents aren't

allowed to do their job. let's go back to remain in mexico policy. instead of catch and release let's go to catch and deport. stuart: nikki haley joins me now in simi valley, california. can you deport 5 million people? >> we can't let them stay. the issue is if you allow illegal immigrants to stay in this country they will keep coming. we have to go, especially in this last few years, you've got people who put in the time, put in the price, standing in line doing it the right way, legally, the way my parents did, why should they jump the line? it is wrong, we can't let that happen. stuart: the reality. 5 million people, round them up and sent them home. i don't see that happening. >> we have to start somewhere. you have to start holding people accountable.

you have to make it painful put people, there's a reason this is happening, they know it will be difficult, they know it is uncomfortable. at the end of the day they know they get to stay. we one job one, build the wall, close the border, then you can deport people. stuart: first thing we have to do is close the border and seal it up like the border patrol do their job and we have to put a end to this lawlessness. is hurting america, it is bad for national security and the economy and our children's education because of schools being crammed. we have to come into this. blue when you went right after vivek ramaswamy for reversing his stance on tiktok. i will raise that issue and role that tape. >> this is infuriating because tiktok is one of the most dangerous social media assets we can have. every time i hear you i feel a little bit dumber for what you say because i can't believe that tiktok situation, what

they are doing, one hundred 50 million people are on tiktok, that means they can get your contact, your financial information, your emails. all of this. >> this is very -- >> we can't trust you. >> let me say something. stuart: that was a moment, was it not? >> it's frustrating for me when people don't realize how dangerous the chinese commonest party is. you have 150 million americans using tiktok, they have access to your phone, your camera, your e-mail, your contacts, your financial information. you have a candidate who was supposed but now says i will get back on it, that is a bad precedent, it is not okay. we one 150 million americans use tiktok, countless, you ban it outright. once people are committed they like it.

>> i speak hard truths and let the chips fall where they may. it's not what people like about what will keep people safe. this is not -- stuart: a big national security threat. >> are you okay with the chinese commonest party getting bank information come to getting your health information. stuart: people have already got it. >> are you okay with that? stuart: i am not. you can't take it back. >> you can ban tiktok and stop it. they have access to phones and microphones. this is about what's doing right for our kids. china has been preparing for war with us for years. are we going to say that is fine, kill americans, keep espionage with tiktok, keep buying the program. we are going to lose our country. stuart: would you lose the election? >> it is time to turn. i'm not going to pander and go along with something just because it is easy.

we have a country to save. i trust the american people. if you tell them the truth that they make good decisions. what we have to start is telling the truth, they deserve it. i am willing to say it. my number one job as president is to protect all americans. stuart: do you enjoy scoring points at the expense of vivek ramaswamy? looked like you are having a good time. >> the goal is not to score points but to show contrast. americans want to see the difference between the candidates, difference on policy, on what makes us passionate. the dangers of china and tiktok, where we stand on energy dominance, talking about education or health care. it is important to put our policies out there, say what they are. i think the american people want to see those contrast. stuart: do you win last night? >> that is not ready to decide, that's for the viewers to decide. stuart: i'm told you were favored as someone who did particularly well. >> we will keep our head down.

blue when enjoying yourself? >> i'm enjoying myself. it's good but i hope everybody will go to nicuhaley.com and i will enjoy myself more. stuart: a pleasure. thank you. i want your take on tiktok. i just said to the governor, you ban tiktok you lose the election. are you with me on this? >> no. i don't think it is anybody's top 25 issue but what nikki haley was trying to do is show the hypocrisy of her view on the position on vivek ramaswamy. he was saying you want to get rid of all social media for people under 16, under the age of 16 yet he's doing tiktok videos which is justification is he wants to win elections. i think her point is well taken, to try to show the contrast right there but again i don't think it's a top 25 issue.

is that a national security issue absolutely. absolutely a national security issue and it affects more people than you can imagine. you can't allow the chinese to talk to one hundred 50 million americans and steal all their information because it is popular. stuart: vivek ramaswamy will be with me later on the program and i will press the point why he changed his mind on tiktok after dinner with jake paul. we will get into that later on. stay with us, we will see you later on. this is important. cornell university seller class-action lawsuit over virtual learning, students say they were cheated out of the education they paid for. details on that coming up. vivek ramaswamy caused an uproar after he called transgender is him, quote, mental health disorder during last night's debate. doctor marc siegel ways in on that one next.

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stuart: last night vivek ramaswamy said transgender is on his mental health disorder. >> i have to be clear about this, transgender is him especially in kids is a mental health disorder. we have to acknowledge the truth of that for what it is. stuart: doctor marc siegel joins us this morning. a mental health disorder? do you see it that way? >> no. i'm a physician and i don't look at anything that way. here's how i look at things. what's the problem, what are the complaints, what can i do to help?

i don't stigmatize, i don't call things by names unless i have to. sometimes there is great value to that. if somebody has high blood pressure i call it hypertension because that puts me in a certain category of thinking. for this i want to say that people with gender dysphoria have mental health concerns, they tend to have depression and anxiety and i need to be aware of that but to, disorder especially when running for political office is a big mistake. is not a physician and we made that mistake throughout the pandemic. nonphysicians making diagnoses, saying something is safe or unsafe, really bad move. didn't get a lot of attention that but maybe it was a slip of words. mental health concerns yes, disorders and illnesses, wrong category, shouldn't be saying that. stuart: another one from vivek ramaswamy. he wants younger teens off social media. watch this. >> there is a demand side problem in this country. a mental health epidemic.

i met a family in iowa, two parents who lost their son. on snap chat, he died. he died because it was laced with fentanyl. it is our job to make sure that never happens. it is also our job to make sure 17-year-olds don't turn to snapchat. we have to bring back mental health care in this country, not something pharmaceuticals but with faith-based approaches that restore purpose and meaning in the next generation of americans. blue when i thought fentanyl was primarily a border issue, not a mental health issue. >> that was your question. regarding this, fentanyl, there's a huge overlap between addiction to social media,

anxiety, mental health concerns and use of fentanyl and other drugs. sometimes teens otto medicate themselves with the anxiety they are feeling somewhere else. in terms of social media another bit that i don't agree with, i don't think banning social media for those under 16 will work. horses are out of the barn. it is like prohibition. it is not going to work. what is going to work his family. more family involvement. family saying we are at the dinner table. i'm not going to have a phone. it is raw modeling we need. differently an intervention but is not going to work by banning everything. stuart: good stuff. now this. this is important. cornell university just sent covid related lawsuit brought by students. details please. ashley: they hope it is settled.

the class-action suit involves the period cornell transitioned in the bill of the pandemic. the suit accuses the ivy league school of breaching its contract by not providing instruction in exchange for accepting tuition. the university denies wrongdoing, but looking to settle. students are being encouraged by the university to apply for a payment for a $3 million settlement fund. here's the kicker, if the settlement is approved it would mean those eligible would each receive $125. that may not do it. stuart: it is important. jason, come on back and please. this is important and in terms of principle it is important and i would expect many more

lawsuits to follow this one. >> why should people pay their full tuition when they didn't get in person instruction. students are getting a good lesson in some of these attorneys. $125, paying more than 100 like you $5 for class session. they cost thousands of dollars to attend, $125 is a pittance. stuart: would you say colleges were flat out wrong going to remote learning for such a long time, the risk to students was minimal. >> totally agree. if they did do that and most of them did, why should students have to pay their full tuition. should have been discounted way back. stuart: see you again soon on the show. 50,000 migrants across the

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stuart: this is extraordinary. border patrol says 50,000 migrants crossed the southern border in less then a week. griffin jenkins, what does it look like this morning? >> reporter: an absolute mess. great job in the debate, not sure the candidates fully grasped how bad it is. i'm with congressman tony gonzalez. you are seeing the same thing we have seen every day since i have been here. migrants along the riverbank going up the embankment and through the wire. eagle pass's population just under 30,000, crossing illegally here. they are going to encounter double the population of this entire city. that is why tony gonzalez was back to the district where he represented but he's going moments from now into mexico

because you've had enough. >> there were 4600 folks here in the processing center. i was here monday, just got word it is even higher. numbers keep going the wrong way. i had breakfast with secretary blinken. it was clear to me the state department has its own issues. something has to be done differently. we are talking with elected officials to see how we come up with that. >> reporter: the administration is not doing enough. >> i'm done with the blame game. it's like a hurricane here, category 5 hurricane has hit us and going into triage mode, how to keep our head above water. the discussion that is missing is having direct communications

with the mexican government and officials to alleviate the stress. >> reporter: the situation, we will accompany him and find out what mexico has to say and bring it to you when we get back. stuart: griffin jenkins in the middle of it as usual. the border crisis was a hot topic in the republican primary debate. watch this. >> they fund sanctuary city, put 25,000 more border patrol and ice agents on the ground and let them do their job. >> we do have to seal the southern border. building the wall is not enough. they are bringing cartel finance tunnels underneath the wall, semi trucks can drive through them. we have to use our military to seal the swiss cheese of the southern border. >> i will use the us military to go after the mexican drug cartels. they are killing our people. >> are we going to sit here and let this carnage happen in our country? stuart: tom homan joins me now.

who was the strongest of all the candidates last night? who was the strongest on the border? >> vice president pence was there, creating the more secure border, illegal immigration at a 45 year low, and nikki haley's comments about 50,000 more ice agents, this isn't a resource issue but a policy issue. we shut the border down in the trump administration, they can always use more but this is a policy issue and wish they would talk policy issues, they say trump could have done more. this is a policy issue. they should stick with it. that is a major change. the policy issue of the trump administration, a game changer. they need to talk about the policy. stuart: a few minutes ago,

nikki haley was my guest on the program in california. she insisted that in principle we must deport 5 million illegals. i put it to you that is impossible. >> we are talking $12 million. it is unrealistic. in reporting those. the immigration course, shut the immigration course. no one is off the table. the judge says you must leave they must leave, we look forward to that. if we don't they will keep coming. coming into the country

illegally, it is 90%, if they hide out long enough, got to stop rewarding them. to enforce laws of the country. stuart: thanks for joining us, see you again. thank you. you are a nice guy, thanks very much. thanks for being with us. still ahead, vivek ramaswamy on his debate performance. texas senator ted cruz on the looming government shutdown and brian brenberg in iowa talking to voters. an important state where will any votes change? the 11:00 hour is next. ♪ ♪

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>> there just wasn't a candidate that stuck out and said this was a home run. if you're making umm a 30, 40 point differential inside the republican primary, you need a home run. >> they tried to overdo it. tried to sell too much of their resume and talked about the