>> we're back at the head and china should worry because this is what's good for the world. it's bad for china and good for

the u.s.. >> 2025 investors need to have a play book on what they're going to sell. it's getting closer and closer to that time that we'll be hitting the sell button. >> countless numbers of jim jihi terrterrorists are selling up ie united states. >> everybody on the left has been trying to destroy trump because he's the greatest threat to their world that we've seen in my lifetime. >> i drove in this morning from the north, i saw several residences, maybe a dozen or two, in flames being destroyed. >> imagine joe biden having to defend himself and these policies in front of a skeptical congress, stuart. it isn't going to happen. stuart: upbeat rolling stones and midtown manhattan and

congestion pricing and this freezing weather. we're in a nice, warm studio. 11:00 on the east coast and wednesday, january 8. check the markets and a bit of red ink. dow off 30 and nasdaq off 29. not much red ink. show me big tech. it's a mixed picture and we have microsoft and app and will nvidia up. amazon, alphabet down. the 10-year treasury, that's been causing problems recently. it's getting perilously close to 5%, 4.69 right now. investors don't like that. now this, how times change when there's a new sheriff in town. for the last four years, corporate america lined up with biden, maybe they really believe the progressive message and maybe they were brightened by the administration's demagogue reigns leading on race, climate gerunder and proknowns, but it's over.

mark zuckerberg and meta bent over back words to help the democrats and gave millions to the 2020 election and after the riot, facebook banned donald trump and how's that for free speech and when anyone tried to post unconventional views on covid, they were censored. a complete re-versus frequency structure and support. reversal. zuckerberg goes to mar-a-lago and gives money to trump and modeling meta after elon musk's x. he said there's too much censorship. a trillion dollar company does a 180. new sheriff has zuckerberg worried if not scared stiff. then there's dei, diversity, equity, and inclusion. advanced version of affirmative action. biden team pushed it hard. now, dei is being dropped, almost across the board. latest to re-street is mcdonalds. retreat is mcdonalds. on monday they announced they'll

abandon specific diversity goals for executives. meritocracy is making a comeback, who knew. granted a supreme court ruling outlawing affirmative action charges helped end dei but it was donald trump that engineered the court's conservative majority. right after the election win, trump held court at mar-a-lago and needy people went down to kiss the ring. remember joe scarborough and mika trying to get back on trump's good side after years of insulting him? and canada's justin trudeau afraid of trump's tariffs and stream of executives that showed us the extent of corporate changes that trump will bring in. bankers, oil guys, wall street people and of course the ceo of all the trillion technology companies and they are not afraid to switch sides. they'll ditch biden is go with trump because he has the white house, the senate, and the house and all the power that goes with it. third hour of varney starts now.

♪ stuart: martha mcca maccallum ws this wednesday morning. it feels like trump is now the president in fact. >> absolutely and i think in most ways biden abdicated that rule and he's been as quiet as ever during this presidency and going out with a whimper and not a bang. with regard to the reaction of u.s. corporations, i really believe the pendulum of freedom in america carries the weight; right. so it swung very far to the left and it didn't make any sense in terms of corporate responsibility that they -- mission for corporations is to make money for shareholders and provide jobs for americans,

which i don't have to tell you. that is what it is. it is not to create equality in the country and not to be some sort of social if they do it for their own good and bottom line. what hat ores is it's happening because -- matters is it's happening and this is where the country needs to b. corporations should care about the bottom line and the future and about productivity and building jobs and creating a fair environment for americans. i think that's why you see the pendulum swinging. dei doesn't work or create a better, stronger workplace. stuart: that's right. >> we've seen it at the highest levels in the country. it does not create the best candidate. companies have figured that out. they're shedding this bad idea, which we all have a right to do. when you make mistakes, you have a right to say, this didn't work. this was a mistake. now we're going back to what's tried and true in american

capitalism and biden doesn't have a true understanding of american capitalism because he's been in government since he was 28 years old. stuart: that's right. >> not his fault, orientation or frame of reference. trump is absolute opposite of that and he's been in business his whole life. stuart: martha, south carolina congressman jim clyburn rejected trump's claim that biden is trying to sabotage his tran tigers. watch it. transition. watch this. >> it's not even in joe biden's personality at all to do anything like that. joe guying believes in this country, he believes in the american people. is he disappointed over the results? yes. so am i. joe biden is not a man to sabotage and he's just making that up. that is what he sees in himself and transfers to others. >> stuart: so he's not sabotaging but giving out eleventh hour new orders to counter trump's plans.

>> he's demonstrated there's anger and spite in his own language and the way he's talked about things. how much is he in control of these moves happening at this point? i'm not so sure. we've seen wherever there's been a question about who's really running things at the white house for some time. with regard to this issue of protecting the oceans for tourism and environmentalism and banning drilling and all of those areas, he's looked the other way on these windmills, and i know there's some people out there saying, you know, oh, what is trump talking about with the windmills. no, this is real. this is a problem for the ocean environment up and down the east coast with the drilling deep into the ground, football-sized platforms for the windmills breaking and falling into the ocean. it's a real thing and often is the case with things that trump talks about. people might make fun of it at first and then figure out it's true and happening. stuart: it's common sense legislation.

>> absolutely. stuart: martha, thank you for being here. we'll be watching you at 3:00 p.m. eastern this afternoon on the story on fox news. thank you, martha. let's check the markets, please. i'm seeing just a little red ink there. okay, i'll go with big tech. why not? we have microsoft, the winner up $2, 424. okay, there's the market. some red ink but not a whole lot. dow off 340 and nasdaq down 65. mark tepper with me for the hour. why does tech tend to sell off when interest rates go up? >> look, whenever interest rates go up, longer duration and higher growth and higher multiple names and they're the first to sell off based on discount rates, but looking at what's happening with interest rates, stu, it's a little concerning because we saw the 20 year surpass 5% today, for the first time since 2023, there's the 10 year right there. that actually went above 4.7%

today for a brief few minutes. so there's certainly some inflation fears out there right now that are causing yields to rise. i mean, yesterday, nvidia, palantir, broadcom, three of the best performers last year were like the worst performers yesterday. that's a short term pullback for the stocks. stuart: are we getting that kind of volatility? a lot of it? >> i hope so, believe it or not. the last two years have really been an anomaly. we haven't seen two plus 25% years since the pets.com era, '98, '99 and we haven't seen a 10% pullback. there's normally like a 15% pullback. i think one of the smartest things investors can do right now is take inventory of every single stock you own, every single stock you wish you owned but don't, and then figure out how much conviction you have in each of the names. on a scale from 1-10. for high conviction names, come up with a price below where it's at right now where you'd buy more, write it down and stick to

it. don't let your knees buckle when nvidia is $110 a share. even though you said you'd buy when it got to 110 and you change your mind. got to have conviction and ready to pull the trigger. stuart: find me some conviction, will you? where do i buy some conviction? all right, thanks, mark. with me for the hour i believe. >> yep. stuart: stay right there. a tech group warning biden not to issue a new chip export rule. all right. madison, welcome to the show. what's the problem? madison: they're saying this rule, which would put limits on sale of u.s. chips overseas, would threaten america's dominance over artificial intelligence. this rule, which could come out as soon as friday has a key aim of restricting china, preventing it from using ai to super charge their military capables. essentially biden and his administration doesn't want china to get our chips, but tech companies like amazon, microsoft, meta, they say it would not just put arbitrary limits on a company's ability to sell computing systems overseas, but that it would cede the

global market to competitors. china is going to -- china is going to get the chips whether from us or not. ken block the vp of oracle wrote "the new rule will go down as one of the most destructive to hit the u.s. technology industry". tech companies are arguing the rule is also being rushed in under the wire before biden leaves office and the big concern: america really has dominance in ai and they don't want to see that disappear. stuart: no, i don't think any american does. thanks very much indeed, madison. right now, several wild fires are burning through southern california. officials say the wind is making it almost impossible to combat these flames. >> we could have another 500 fire fighters here on this incident, and we still wouldn't be able to stop this fire. we really need the winds to die down. system of articulation stuart: i think it's accurate to say this

is a catastrophe in the making and we'll bring you updates, the very latest news all the way through the show. donald trump's legal team asking the supreme court to step in and stop the sentencing in his hush money case in new york. we'll ask a legal expert if that's going to work. and the president elect also floated the idea of using the military to seize greenland and the panama canal. could congress approve of that? senator rick scott on that issue next. ♪

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stuart: well, donald trump jr. is in greenland. remember, please, his dad is calling to take control of that island. jennifer griffin at the pentagon

joining us. jennifer, what would acquiring greenland mean and do for our national security? reporter: stu, the visit to greenland yesterday as you mentioned coincide with president elect trump not ruling out using military force to take the mineral-rich strategic land mass at a cross roadstertorially as u.s., china and russia race to control the melting arctic. denmark and therefore greenland is a nee gnat toe ally and article for nato ally and any attack on a nato ally require as response from the rest of alliance. the move seen by danish leaders seen as a negotiating stunt irritated the danish prime minister. >> green land is not for sale and u.s. is absolute closest ally and greenland is for the greenland ick people. >> i don't think it's useful to talk about article 5 implications because the united states is not actually going to

use force on a nato ally. it does undermine leverage that the u.s. has in terms of international rule of law. it brings us closer to the law of the jungle to what i call a g0 world, a world with no global leadership. reporter: trump first began talk of buying greenland in 2019 because it has about a quarter of the world's rare earth minerals needed for all electronics, semiconductor manufacturing, the defense industry, and the new clean energy economy. the author of a new book on the strategic and national security consequence of climate change explained the strategic significance of greenland as the icecap melts. >> it is rush for resources, the u.s. and nato and nato allies want to ensure that china and russia don't access that. china has a history of using surrogate science investigation as a way to gain access and learn about territories in the

arctic. reporter: the u.s. already has a strategic foothold in greenland. today it is home to the northern most u.s. military insulation, the space force base with 150 space force guardians stationed there manning censors that warn of any potential ballistic missile attack targeting the united states. threatening to use military force to acquire goneland signals to russia and china and others they can do the same if they think it's their national interest, which is something putin has done in ukraine and president xi hopes to do in taiwan. stuart. stuart: jennifer griffin, thank you very much. joining me now is senator rick scott from the great state of florida. mr. senator, taking over greenland on and the canal isn't a realistic proposal but a negotiating tactic, isn't it? >> would be pretty exciting if you think about it. we have a president that's going go focus on our national

security and listen to what he's saying, i mean, it would be a great strategic asset, goneland for our defense number one and number two is the panama canal, if they're not treating us fairly. that's not fair. we built it and paid for it so they, you know, they need to treat us fairly. i'm excite that had he cares about american commerce and national security. stuart: would you be okay with using the military? >> i don't know what he means by that. here's what i believe, it would be exciting if greenland was part of the united states. that would be great for the national security, and that's number one. number two is the panama canal cannot be treating american worse than other countries so we'll see what he ends up doing but, look, i'm appreciative that trump is out there trying to make america great again. stuart: mr. senator, i have a little news item here. the bodies of two hostages were just discovered in an

underground tunnel in gaza and discovery comes hours after trump warned all hell will break out if the hostages are not released before he takes office. mr. senator, that reminds me of 1980. the iranian hostages released the moment reagan was inaugurated. will the hostages in gaza be released the moment trump inaugurated on january 20th? >> god, i hope s. i mean, you look at how many families from israel and america have lost their loved ones. we still have i think seven american hostages. president biden doesn't give a damn about them, doesn't even talk about them. president trump is going to do everything he can to bring them home. i hope they're all alive. i appreciate what netanyahu tried to do to bring hostages home. he's got a tough job over there, and i'm glad we now have a president that's going to support israel in contrast to what biden's been doing. stuart: are you, shall we say, angry at president biden deliberately delaying

implementation of so many of trump's policies? >> i don't get it. it didn't make sense to me that if you look at opening the border, not supporting israel, you just go on and on. killing american oil industry. i mean, you look at these things and say who is this guy? why would he be doing these things? i don't think january 20th can come fast enough, and we can start acting like -- let's put america first. let's make -- create security here and create prosperity again. i'm excited about president trump's second term. stuart: senator rick scott, thank you very much for joining us this morning. always a pleasure. come back soon. thank you, sir. >> thanks, stuart. stuart: now this, the navy, that would be the u.s. navy, planning to add 85 new ships to the fleet. okay, question, madison, what's that going to cost? madison: a lot. tens of billions of dollars. with the addition of these ships, congressional budget office says it's going to cost

the navy an average of $40 billion annually over the next 30 years. the navy is trying to catch up to the larger chinese naval force and they're looking to increase the 295 battle force ships that the u.s. currently has so that by the year 2053, we have 381 manned ships and 134 large unmanned vehicles. to get to that goal, the congressional budget office says the navy's budget would need to increase from $255 billion to $340 billion. and this is all coming at a time when doge wants to cut spending, stu. stuart: do i see a little conflict coming here? madison: i think we do. stuart: thank you, madison. coming up, despite previously saying she'd fight trump's deportation plan, the governor of massachusetts wants trump to take real action on the border. >> man on fixing the border, he has the opportunity now with the house and senate and being in charge of administration. i hope he does. stuart: that's very different from what we're used to hearing

from her. are we going to see more democrats come around on helping trump? we'll take that issue on as the wild fires rage, california's governor newsom declared a state of emergency. tens of thousands of residents in la have been ordered to evacwait. we'll have a full report from los angeles next. ♪ [city noise] investment opportunities are everywhere you turn. do you charge forward? freeze in your tracks? (♪) or, let curiosity light the way. at t. rowe price, we're asking smart questions about opportunities like clean water. and how clean water advances

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stuart: on the marks this morning, just a little bit of red ink, not that much. mark tepper still with us looking at his stock picks. a bank to start with, pnc. >> yeah, so pnc, this is obviously a trump play; right. less leg ration is good for the bank -- less regulation is good for the banks and michael barr stepping down and one of the biggest issues with the regional and specifically office space and exes if i cannily class b or c office space and potential issues there and pnc office space makes up 2.4% of portfolio and insulated in regards to that risk. stuart: why do you like target? >> i might be the only one. everyone loves wal-mart and hates target. it's a well known kind of sentiment issue surrounding

target and that'll change. so the consumer should become stronger with trump in office and disposable incomes should go up, discretionary spending should go up. for the last few years, 06% of target's revenue come from discretionary purchases and only 40% at wal-mart. we expect that to become an asset going forward and consumers are spending more, there's a opportunity for that company to catch up to wal-mart. stuart: 138 on target right now. is there a target price? >> could easily go to 175. stuart: this year? >> yep. stuart: 2025? >> yes, sir. stuart: not bad, thank you, mark. thousands of people evacuated their homes, several different wild fires burning through los angeles county. max gordon joining us and he's now in pacific palisades. max, the big problem at the moment, obviously the fire but it's the wind as well fanning the flames; is that right? reporter: yes, these are wind whipped fires and the santa ana winds.

these are offshore winds blowing from the east and they are blowing hard. one mountain top recorded a gust of around 100 miles per hour, and the national weather service says gusts up to 60 miles an hour could continue through tomorrow. now, it is very dry here in southern california, and you can see the destruction these flames have brought. we're standing next to a mobile home park here, burnt to the ground, and i want to give you a picture of just what this place looks like and what it normally looks like. this is the pacific coast highway. a famous highway, people drive it all the time on vacation, and out this way, you can see it looking out to the west should be the ocean. but it is blanketed in a thick fog of smoke. right now it should be daylight, but it feels almost like dusk or nighttime because of how thick the smoke is. here on the palisades fire, we're sitting at about 5,000 acres, no confirmed fatalities on this fire. around a thousand structures destroyed, but over to the east

of us, burning near pasadena, the eaton fire, two people confirmed dead due to that wild fire. two people also have been arrested for looting according to the sheriff's office and it's a rapidly developing situation. four fires currently burning out of control here in southern california and unfortunately the winds will continue to whip throughout the rest of the day into tomorrow. stu. stuart: none of those contained and max gordon right in the middle of it. thanks very much, max. i'm gone ma change gears and talk about the border crisis. governor of massachusetts seems to have changed her tune after she propsed to fight trump's deportation plans. something different now. watch. >> in just the last two years of my administration where we saw an increase in numbers to the shelters because of congress' failure to fix the border, he ran on fixing the boarder and has the opportunity now with the house and senate and being in charge of the administration. i hope he does. stuart: i call that changing her

tune. joining me now, former acting dhs secretary chad wolf. are we going to see more democrats come around on trump's border plan? >> well, i sure hope so. as the new president takes office, his team gets in and making progress, making sure that border is secure, i do hope you have blue state governors and mayors and others that get on board and want to be part of the solution instead of just continuing to be obstructionist and saying they're not going to cooperate with federal law enforcement. so it's good that we hear some of this rhetoric; right? some of the words from the governor and mayor of new york city. i think the real question is whether they can back those words up with action. stuart: will the new white house, will donald trump, president trump, will he strong arm these blue states if they refuse to cooperate? i mean, he could attempt to withdraw financing to those states, couldn't he? >> well, he certainly could. you can look at withholding federal funding from many of the states and many of the large cities if they're not going to

cooperate, if they specifically tell you that they will not cooperate with federal law enforcement officials, that's obviously not what the new administration wants and so they've got to determine what steps they'll take getting noncompliant jurisdictions as they reach out to them. so withholding federal funding, making sure they can continue to operate in those jurisdictions. there's a number of different options i think that are going to be available for the new team. stuart: one more for you, the house has approved its first bill of the new congress. it is the laken riley act. this is all about the border. this new rule -- law would require ice to detain illegal migrants found guilty of theft-related crimes. they'd have to be in -- they'd have to be in -- taken into custody. now, doesn't that bill end sanctuary cities and states because they've got to put the migrants in custody.

>> yeah, to a certain extent. should it pass the senate, hopeful that it will, i think that's right. i think it will require detention and what we're talking about here is detention capacity and the ability to detain these individuals throughout the proceedings of their trial. so in large part that does render some of these sanctuary jurisdictions null and void, but not completely. again, it's a good first step. obviously the american people saw over the last three and a half years what violent migrant crime can do to communities, and i think congress as a voice to those people did the right thing in passing this bill and at least the houses house did out of the gate. stuart: the people here in new york city riled up about illegal migrant crime in the city. chad wolf, thank you for joining us and see you again soon. new york city saw a staggering jump -- this is what i'm talking about. a staggering jump in assaults by repeat offenders in the past six years. what the police blame for this surge in crime. but first, trump said during his

second term, there'll be no new wind turbines built. should we be pivoting away from wind energy entirely? i'll put that to energy guy max next. ♪ military decoration awarded by the united states government.

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stuart: president elect trump emphatically wants no wind farms built during his second term. jeff flock joinings from atlantic city, new jersey. what's going to happen to all the projects that are already in motion, jeff? reporter: th that's a really god question, stuart. we'll see how far the president wants to go. this is an on shore wind

facility but it's home to one of the projects you're talking about. take a look at the map, there's more than a dozen projects approved for the eastern sea board of the united states starting up in massachusetts on down to north carolina. the president made it pretty clear yesterday yesterday, when it comes to wind, he is not a fan, pardon the pun. here's what he said. >> we're going to try and have a policy where no windmills are being built. off the coast of new jersey, they're going to try and build 200 and nobody wants them and they're very expensive. you don't want energy that needs subsidy. energy is a good business, you don't need subsidy. reporter: he talks about the cost of offshore wind. he's absolutely right and look at energy department saying the high cost of electricity, the worst is pneumolarra power but get -- nuclear power but you get a lot of energy. offshore is second and coal is third worst. cheapest sources of electricity, natural gas, which is our number

one source, that's about $1200 a megawatt-hour. solar and on shore wind is fairly inexpensive. a fact i didn't know, stuart, i don't know if you do, five states now, mainly in the midwest, their number one source of electricity is wind. i did not know that. here along the new jersey coast though, the mayors, they don't want it and hope president trump is successful. we talked to joe mancini, the mayor of a town on long beach island. what he told us. >> governor murphy wants 15% of our energy to be offshore wind. all right, that 15% linn crease the residential electric bill when it's completed by 55%. 55% for 15% of our energy coming from offshore.

it's ludicrous. reporter: he said they're messing with the whales and they're ugly in addition to all of the above. mr. varney. stuart: i guess that tells the story. jeff flock, we'll leave it right there. thank you. mike summers is the chief executive of american petroleum institute and he joins me now. mike, welcome back to the show. should we pivot away from wind energy in how effective is it? should we pivot away? >> one thing we know is whether we have wind or solar, the thing that we're going to need most in the energy future is going to be natural gas. the united states is blessed with tremendous amounts of natural gas and so no matter whether you have wind or solar or any of these other kind of alternative energies, you need a backup and natural gas continues to be the backup of source for most americans. stuart: trump said he'll revoke biden's offshore drilling ban on day one. okay, does the fracking

revolution replace the need for offshore oil? >> absolutely not. we get about 14% of american oil today from the gulf of mexico -- excuse me, the gulf of america, and one of the things that we need in this country is to continue to explore these offshore resources. 2 million-barrel as day come from the gulf of mexico and what the president did the other day to take many acres offline, even in the eastern gulf of mexico, i think is a tragedy and president trump needs to step in immediately and reverse the decision and we're prepared to defend him in court if it gets challenged. stuart: once president tram subpoena office, can we rapidly expand nat gas production and oil production? can we do it rapidly? >> one of the things we need to do immediately is pair back a number of regulations put in place by the biden administration. there's really two th things tht will control whether or not we're producing more oil. one is supply and demand. price is going to be the key and

is the demand still there? the demand will continue to be there and in fact all [ distorted audio ]. stuart: mike, i'm sorry, we have an audio problem and your voice is breaking up and we've got the message. we can't get back to you. doesn't work. thank you, mike summers. we'll try for another day. mark tepper, you in favor of ditching wind power? >> yeah, get rid of them. look, we need reliable, cost effective energy given all this ai stuff that's happening, we got to make sure we have good reliable power to those data centers to power ai. nuclear is the best long-term way to do that. natural gas is the immediate play. i mean, when you look at wind, wind is twice as expensive as nuclear and requires 400 times more land than nuclear, and it's un-reliable. there's no wind, it doesn't work. yes, i would say ditch it. stuart: mike was right, nat gas

is the way to go? >> immediately, yes. stuart: thank you, mark. louisiana is preparing to sue the administration over offshore drilling ban. details. madison: state of louisiana drafting up a lawsuit that would sue the biden administration netter to reverse the offshore drilling ban biden signed on monday. as a reminder, biden signed executive action to ban new offshore drilling and further oil and gas development on more than 625 million acres of u.s. coastal and offshore waters. president elect trump promised to undo the move but the way that biden structured it could make it very difficult to do that. that's in part why the louisiana attorney general is suing. she's confident trump will work to verne verse this but nay need to try and block the action now and calling it attack on america's energy independence and less than two weeks left in biden's term, the trump administration would then become the defendants of this lawsuit

should it be filed. stuart: ouch. that doesn't quite work then, does it? thanks, madison. show me the dow 30. we like to say get a sense of the market. there's more green than red and the dow in fact is up just donald trump's legal team filed a emergency petition with the supreme court. they want to block friday's sentencing in trump's new york criminal case. what are the chances? our next guest is walking towards the set and almost here and he'll take the issue on next. bank with sofi to score a higher apy and an epic welcome bonus.

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xfinity. made for gaming. rewards members, get early access to an ea sports fc25 kit. visit xfinity.com/rewards. stuart: donald trump asked the supreme court to stop the sentencing in his new york criminal case. case, which is sit for friday at 9:30 in the morning. former manhattan da prosecutor elliot joining me now. what happens now? >> we're truly in uncharted waters, and that's to trump's disadvantage and when you're the party bringing emotion and -- bringing a motion and asking the court to do something, you need compelling authority to point to, a statute or binding legal precedent. we're in uncharted waters and never had a president elect

facing sentencing, trump does not have that hook that he can say here's a come belling and binding -- compelling boar binding statute that needs kicked over. the burden is on him from the minute this indictment was handed down, he was going to federal judges trying to get this dismissed or put over and hasn't had success. it's an uphill battle for him. stuart: can trump be sentenced as a president elect and not a president? >> that's the thing, there's no compelling stature or previous case where this happened. the judge in the decision last week said i'm going to be give ago non-conditional discharge and your sentence is nothing. no jail, no probation, no fine, no community service. judgment entered, have a nice day, sir. stuart: then what happen s? >> he needs to have judgment entered in order to be able to go forward with his appeal and there's good potential winning issues on appeal. maybe that's to his advantage in that sense if he pes to go

forward with appeal and get it reversed. stuart: the supreme court is likely to ignore this emergency action from mr. trump? there's a sentencing at 9:30 on friday morning, judge merchan and he'll say no jail time or fine. you've entered the plea or what is it? >> judgment entered. stuart: judgment entered and then he goes away and no appeal court. >> i don't know why he'd want to do that and has legitimate issues and want this is reversed and basis to get a reverse. if i'm his lawyers, you want that entered to then go forward with the appeal. stuart: you want the whole case dismissed by the appeal court. that's what he wants? >> dismissed out right and hasn't gotten a sympathetic ear from any federal judge so far in that area. stuart: hope that changes. thanks for joining us this morning, elliot. >> thank you. stuart: new york city saw a staggering jumped new mexico felony assaults for repeat

offenders in the past six years. numbers, madison. madison: yeah, talking about courts and crime and it's a shocking number. new york city saw 146.5% jump in repeat offenders over the last six years and offenders that commit a crime, released and then commit a felony assault. listen to another stat, suspect withs three already existing arrests were charged with assault 442 times just last year. police commissioner jessica tish told reporters on monday "imagine howdies heartening it is for our cops to be there arresting the same people for the same crimes in the same neighborhoods day after day". the main driving factor is the revolving door of the new york justice system. stuart: known as alvin bragg. thank you, madison. it's time for the wednesday trivia question. who is third in the order of presidential succession? speaker of the house, secretary

of state, attorney general, or president pro tem of the senate? i think i've got this one much the answer when we come back. (auctioneer) let's start the bidding at 5 million dollars. thank you, sir. (man) these people of privilege... hoarding the financial advantages for far too long. (auctioneer) 7.5 at the back. (man) look at them — unaware that robinhood gold members now enjoy the vip treatment — a 3% ira match on retirement contributions. (auctioneer) 11 million sir. (man) once they discover their privileges are no longer exclusive... their fragile reality will plunge into disarray. ♪

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♪ we are playing that song for a very important reason, because madison alworth is engaged to be married. congratulations. you and your new fiancé, how did this come down? lydia: charles: madison:i spent 44 nights in a hotel. when you hit 50, did a random trip, i thought we were going away so we could hit platinum status. we went on a walk to a gorgeous dock. i have been complaining because it was really rainy and he said is it pretty? i was like es, looking at a view of the hudson river, it is really pretty and he's like is it pretty enough? he stepped back, got down on

one knee and set a couple wonderful sentences and asked he to marry him. i'm so happy. i feel unbelievably blessed to. he is the love of my life and i can't believe i get to spend forever with my best friend. i'm over the moon. stuart: i am almost in tears. madison: god has blessed me so much. i can't believe my luck. i would say he is super lucky but i look at it and i don't know how i got -- stuart: time is up. who is third in the presidential succession? attorney general, what have you got? madison: i will go secretary of state. stuart: secretary of state. answer is the president pro tem of the senate. sorry, folks. "varney and company" is over. david: give my love to madison