suppose you agreed with judge easterbrook. case, is it of the clear the gun would have been found anyway? mr. bugni: definitely not. establish anto effort of discovery, they need to set forth the causal chain. to -- to try to second-guess, what would the thatnse to being seized, is for the government to do in front of the district court or they never did it. we do not have a record to be able to make the inevitable argument. >> i will warn you you are in rebuttal time but feel free to answer judge easterbrook's question. down,gni: it does not go and in that case, they had a warrant. court'swas not the point here the point was the unlawful entry with the unlawful force was not in the chain of causation to finding the evidence. that drives us back to chief judge woods. out whether that is unlawful as a show of force, if that was in the chain of causation. mr. bugni: there, they have a warrant. >> the supreme court tosses decision has nothing to do with a warrant and everything do with causation. >> when you answered my question,

i listen to someone like mcdonald's and easterbrook's ceo, he's been focused on getting more technology into the stores but he's not doing it at the expense of jobs but he's doing it as a kind of complement. i don't think it has to be one or the other. >> that's the hope in all these confirmation hearings. >> a fast food job, a lot of times the companies don't necessarily consider them to be your permanent job to be a breadwinner as opposed to an assembly line job. >> let's send it over to dominic chu. he has an earnings alert for us. >> this is on -- i should say i'm living in the past, it's broadcom, used to be ivago. that beats the analysts shares. coming in slightly better 4.14 billion against a 4.128 estimate. the resulting move at least for the time being is a 2% gain in the -- 2 1/2% gain in the after-hours session. but that's the story right now with broadcom, guys. back to you. >> dom, thanks. time for a cnbc news update with sue herera. >> here's what's happening at this hour. the house approving legislation to continue funding the federal government at current levels through

but steve easterbrook is very, very technologically savvy. i'm sure they've had it.c guy. so let's watch. but i don't think this is the magic bullet. the magic bullet is he's making the food bet sgler and minimum wage, i would assume, right? stock's up $10 since election day. >> yeah, and we got a new president coming. i don't think that that's -- let's put it this way, i think it's more capital friendly. don't forget who's going to be the labor secretary, a guy who owns -- >> kind of knows that business. >> going to own a chain of restaurants. so i do think this is something, you own mcdonald's for same store sales and i think they're going to be pretty good. stock has stalled here, big dollar play and the dollar is on fire. huge business in europe. >> yep, absolutely. france and germany. >> tech's bad today by the way. >> we will get stop trading with jim in a moment. dow's up 33. ways wins. especially in my business. with slow internet from the phone company, you can't keep up. you're stuck, watching spinning wheels and progress bars until someone else scoops your

get easterbrook on the phone, tell him to go preannounce better than expected mcdonald's numbers becauset's a $123 stock. >> somebody just do something so we can get it over with. >> how about monte dei paschi. >> how about it? >> the oldest bank of the world, looks like it's going to collapse. easy come, easy go, right? >> although there are some who believe europe and the banks actually are going to have a nice move next year -- >> i think they are. >> -- in terms of the ability of the european economy to recover a bit and recapitalization you discussed it's actually going to happen. >> italy has very poor gdp growth. a lot of people feel the workforce is not economic, a lot of people feel chinese exports, not true, northern part of italy is tremendous manufacturing and very good. they don't have a banking system in italy. i can tell you that firsthand. they do not have a banking system that functions. if you get unicredit, second largest, $13 billion recap, you get some banking going on there, that country's going to do better. the pensioners who bought the monte dei paschi there was

suppose you agreed with judge easterbrook that that is what hudson said. on the facts of this case, is it clear that the gun would have been found anyway? >> no, definitely not. that also is the government's burden. if they want to establish inevitable discovery they need to set forth that. for us to try to second-guess, and what would be mr. johnson's response to being seized with two cars in the spotlight or him and someone going and knocking on the window, that's for the government to do in front of the district court. the never did it. we don't have have that record to be able to make that discovery argument. i think it's far from clear. i would ask that the court not rest a decision on that. >> i will just warn you that you're in your rebuttal time, but feel free to answer the question. >> so they say it doesn't go down to the constitutional right. in that case, they had a warrant. so they had. >> that wasn't the court's point. the court's point was that the unlawful entry or the unlawful force was not in the chain of causation to finding the evidence

. >> all of those companies including mcdonald's steve easterbrook, refuse to make that correlation.racker barrel obviously because you only see them on exits, but none of the companies really wanted to go there and say they were going to get a boost from lower gasoline. so, i don't know about downgrading mcdonald's. downgrade mcdonald's because of the strong dollar, downgrade mcdonald's because of difficult compares, but i don't know. mcdonald's if it comes down too much, i think you buy it. >> we struggled for a long time to figure out where the so-called dividend from lower gas prices was going, and we never really came up with it, did we? >> we thought it was going to dollar general and dollar tree. >> and it wasn't. we thought it might go into retail. we thought it might go into any number of places, and it's been the norm now for a year and a half, two years we've been having relatively low compared to the previous years prior. >> well, credit card companies were saying it went to savings. they didn't see it. i come back to this ford, this is kind of blowing me away. gm stock h