we have home depot founder ken langone whole be here at 7:00. and he'll also be joined by dick grasso. and of course today marks the 11 year anniversary since the terrorist attacks of september 11st. there are observances taking place in new york, washington, pennsylvania and many other parts of this country. we have aol chairman and ceo tim armstrong and kenny dichter teaming up to try to honest or the victims and help their families. both will be joining us to talk about their work with action america at 6:50 eastern time. first, though, let's bring you up to speed on this morning's top stories. >> and welcome back. nice to see you back and feeling better. let's talk about some of the headlines this morning. germany's high court will be ruling on the legality of the eurozone permanent bailout fund tomorrow. the court rejected a last meant plea to postpone. it's going to decide tomorrow whether to issue an injunction that would prevent the country's president from ratifying germany's participation in the european mechanism and fiscal pact. opti

. >> john mack, ken langone, a number of friends of "squawk" were there. >> mack was at my table. >>leagues i won't mention where but they are not sure we need to have an election anymore, nancy pelosi says everybody knows in are in are is not going to be president. anyone told them? >> i get these questions -- >> should we still have the election? we could save some money. >> i ask them okay what else' the history of approval ratings, what is the approval rating correlate to, consumer confidence expectation series, what are the voter turnout numbers look like at the low end, what is the economic backdrop around all this, for example, going back to that consumer expectation series, in the last 40 years, it's fallen that index has fallen to 50 on four occasions the year before the election, 75, 79, 91, and of course 2011. the economic argument is so considerable that it would be a shock. >> if everything was as bad when mccain ran and you had bush, the wars, you had hope and change, he got 46. now any of mccain's guys going to vote for obama? that's probably a no, probably have 46. yo