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stuart: get out like jojo. 10:00 eastern. a selloff and 1/2. inflation ticked up in the month of january in the market does not like it. dow industrials 520 points, the nasdaq down 1.7%, s&p 1.4. that is a selloff, the dow is having its worst day since march 22, 2023. apart from inflation picking up, interest rate hurting markets, the yield on the 10 year all the way back above 4. 4%. the price of oil at $77 a barrel, bitcoin is active, 50,000 earlier dropped back to 48-7. the democrats in a closed-door,

hot debate about how and if they should ease president biden out of the office. they are terrified his condition makes him unelectable. that would lead to another term for donald trump. they got a mess on their hands. easing him out soon will be tough. if he doesn't want to step aside voluntarily they would have to invoke section 4 of the 25th amendment which is never been that the 4. it would be a political nightmare, the vice president and majority of the cabinet to declare he is unable to assume the powers and duties of his office. if biden has agreed with that decoration he can go back to the oval office after 21 days if he gets two thirds of both houses of congress to agree to his return. you see how complicated this is. and think of the backbiting in an election campaigned.

if they somehow pushed aside kamala harris as well they will contend with incensed black voters. think this through. if biden doesn't leave voluntarily in the voluntary -- the 20 for the moment won't work and democrats don't want to run with kamala harris, odds are biden/harris remain the ticket. bill mcgurn brings this headline. kamala harris was president biden's smartest decision, fear of her keeps him in the job. the selection of harris is turning out to be the best thing mr. biden has ever done for himself if not for the democratic party. identity politics helps him get elected and identity politics keeps him in the top of the ticket. second hour of varney just warming up.

jerry baker is with us from the wall street journal. are democrats going to push him out? >> no. they are stuck. you laid it out well, extremely clearly. biden isn't going to step aside. john mccain famously said, and we will test that proposition at some point biden is not going to step aside. democrats, the mess involved in getting him out with 1/25 amendment, too late for primary challenge or the convention with 95% of the delegates, none of that will happen. they are stuck with him. my colleague pointed out nobody wants kamala harris and i don't just mean regular voters,

democrats know that kamala harris has performed disastrously and don't see any prospect of her winning a presidential election. stuart: i was intrigued by your latest op-ed, biden's claim that his memory is fine is unforgettable denial of reality. does anybody believe president biden can serve another five years? >> president biden does but his mind is cognitively impaired so that's not a recommendation. i'm amused by democrats the last few days going on television saying biden is incredibly sharp, he can bench press 250 pounds, he can recite poetry, the complete epistle of st. paul to the corinthians in a few seconds, leaves me completely in the dust, nobody believes that and the more they make that claim, these absurd claims that he is sharper than anyone the more they are

incredible and the more the democratic party realizes how big its liability is. the worrying thing, not just biden running again in nine months, don't want to be mean, he's and 81-year-old man, we've seen what happens. when elderly people begin to lose their faculties. it is a sad thing to watch. are we saying this man is going to be able to continue to do the job of the presidency the next five years? i don't think anybody believes that. neil: stuart: he's not going to have a cognitive test. we can to make him. but trump boasted during his presidency about acing his cognitive exam. >> i took a physical and passed with flying colors and i took a

cognitive exam, i said doctor, give me anything you want, i want to take it. i took a cognitive exam and aced it. stuart: he is entertaining, isn't he? >> not sure the cognitive test involved telling the difference between a giraffe and elephant or something like that. at issue is trump is only four years younger than biden. he would be after joe biden the oldest president ever elected to office. he was when he was elected in 2016 first time. he does make gaffes too. we've seen him get confused, nancy pelosi for nikki haley or other way around. everybody sees trump and they know he projects confidence, you don't have to like what he stands for but he projects a sense that he is unaware of what's going on behind him. you can't get that same impression. stuart: democrat dilemma of the

first-order. can't believe anything like this ever before. thanks very much, back to the markets, the selloff, dow industrials down 520 points, one. 3% but the losses are bigger on the s&p, 1.4, nasdaq 1.7%, scott shalladd a mac, last 12 months, prices have gone up 3.1% at the consumer level. what does that do to the economy? >> by the numbers you said they don't like surprises. pay -- we look to see rates come down one, 2, to three times in 2,024, the market loved that, went crazy, santa claus rally was on. i didn't understand it. with numbers still getting

through from these economic expectations. looks like the fed will have a difficult time, they have to stay on hold. market doesn't like that. the market and those things love it. when we talk about not getting it, those types of things take the air out of those expectations with higher equity prices. stuart: i asked about the impact of an uptick of inflation on the economy when what could this uptick of inflation on lower income workers? >> with this recession, for 18 months, 15% of americans own 85% of stocks, 85% own 15% of stocks. if you are middle to lower class, you are not involved in

the stock market or real estate going up or farmland going up. you live paycheck to paycheck, your rent is due every month. you don't have all the benefits of when inflation is good for but only getting the bad part of inflation and actually from 2,020 one food prices up 44%, energy prices up 33% and no other assets to inflate with inflation so those are the people getting killed. that's why bidenomics fell on its face, anyone in that demographic are really struggling. charles: stuart: thanks for being with us, appreciate it, thank you. you see the extent of the selloff. it is significant, down on the dow, 300 on nasdaq. lauren is back with us. some are up, most are down.

lauren: they expect revenue to increase 3% to 5% for this year. it was 15% last year. stuart: i have seen in a report that paramount is laying off more workers. lauren: that 3% of staff. this is after cvs had a record, super bowl, four days after. stuart: it was an all-time high. lauren: most since the landing on the moon, all time high, 804 buybacks. blue and chowder companies are in the news recently, trip advisor is to rate up 13%. %. lauren: says a lot on a sharply down day. it could be for the stock eventually forming a committee to explore possible deals. morningstar expects they spin off their experience business or dining business. they have to do something to do something, 13% gain on the day the dow is down.

stuart: another headline artificial intelligence threatening white-collar jobs. there's the headline. white-collar jobs. lauren: managers, knowledge jobs, jobs that can't be easily automated because ai can now create content. it can summarize data. things the human brain and human skill was able to do, not just repetitive tests, thinking jobs. i was talking to someone who goes people need to be careful. when trying to negotiate a raise, your manager might say ai will take over your job so be grateful with what you are making now. that's really disappointing and scary thought. challenger gray and christmas estimates there have been 4600 job cuts since may because of artificial intelligence. stuart: how many was that? >> 4600. stuart: that across the economy. lauren: mostly media and

technology. that's the bulk of the market. even ups cut 12,000 staff because a person doing the pricing, they have computers and a i do the pricing. stuart: you and i are safer now. lauren: judgment calls. industry is about should i say that? at the judgment call and i don't know if a computer can do that. they can create content so who knows. you are safe. i don't know if i am. stuart: president biden, days after the report that called him an elderly man with poor memory. no laughing matter. peter doocy has the story from the white house. trump asking the supreme court to delay his interference trial while appealing a lower court decision. trump wants sweeping immunity. should he get it? former us attorney general matthew whitaker on that next.

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when i was your age, we never had anything like this. what? wifi? wifi that works all over the house, even the basement. the basement. so i can finally throw that party... and invite shannon barnes. dream do come true.

xfinity gives you reliable wifi with wall-to-wall coverage on all your devices, even when everyone is online. maybe we'll even get married one day. i wonder what i will be doing? probably still living here with mom and dad. fast reliable speeds right where you need them. that's wall-to-wall wifi on the xfinity 10g network. stuart: on the markets, the selloff, dow was down 500, nasdaq down 300, the dow is half of its again over the years so far. president biden made a joke about his age and mental acuity days after the scathing special counsel report called him an elderly man with a poor memory. peter doocy in the white house. do you know when he will take his physical exam and what he will be tested on? >> reporter: it will be sometime soon, and whatever doctor o'connor, his physician, thinks he should be tested on,

almost exclusively physical things like blood pressure, checking the reflex, and his gait. over the last couple weeks the issues about president biden headless to do with his age and more his abilities. white house officials want us to take their word that he is okay. >> when can we talk to the president's doctor and why haven't they been asked, given the hdr our report? >> to speak to that report really quickly, especially special counsel hurr is a republican, a prosecutor, he is not a medical doctor. >> reporter: he never there is no medical report summer publicans argue there's plenty of evidence president biden is slipping. >> no one thinks biden can do the job because we've watched

him. we see him on television. trump did the job and has energy. >> reporter: the democratic cavalry easing concerns about president biden's memory putting it into context. >> as i say it is all relative. what do i have to say about his age? but he is again knowledgeable, wise. >> reporter: nothing on camera for president biden today but the schedule lists a lunch with the vice president, the same vice president who is saying of president biden has an issue and has to drop out, she's ready to lead. stuart: thank you. matthew whitaker joins me now. you say president biden is a dramatic problem for the us presidency. how so?

>> a couple reasons. you have a president who is slipping, no doubt, again, don't believe what the white house is telling us, the dhs secretary telling us about having lapse runaround by president biden which is scary knicks planes the problem with the border. you have a president that if you watch him is not as sharp as he wants was and the political drama, whether it is the fact his department of justice is targeting his political opponent, given a wave offered by the special counsel, his mishandling of classified documents, so many ways this is a dramatic and consequential moment in american history. for all of us who have studied american history, you are a big

fan of this 250 years of american history, you see what is happening, this is a moment that could set the future, good or bad. stuart: i don't think there's been a moment in america's political history like this one, a president apparently in cognitive decline at a vice president who is wildly unpopular and an election coming up in nine months, we've never been anything like this before i don't think. >> we have not but our institutions were built to be strong, our three branches of government that are independent coequal branches that are supposed to function under the constitution no matter who, our founding fathers knew these were in perfect human beings. the institutions will sustain but we need statesmen and states women's willing to stand up to do their job boldly and especially in congress, supposedly the strongest

branch. stuart: let's look at donald trump. he has asked the supreme court to extend the delay in the election interference trial, he wants sweeping immunity. should he get it? >> two thoughts on this. procedure really, federal rules of the appellate procedure suggest donald trump should be a lot more time, should be given a lot more time for seeking supreme court review of his case, they appeals court in dc has truncated that. the supreme court will look carefully, this is like most of these cases a novel legal theory that has never been seen by the supreme court. if you look at the precedent the dc circuit tried to apply, it would suggest they got it wrong, there is broad immunity. cases suggest it's not

unlimited but there is an outer bound, the dc circuit didn't approach in this so the supreme court needs four votes to take it up, five to overturn it. we may see four votes, i don't know that the supreme court is going to take jack smith's timeline and try to suggest it needs to be accelerated. we saw in the case of the colorado ballot situation so this will be deliberate. stuart: thanks for joining us, appreciate it. the judge in trump's georgia case is weighing in on an alleged affair with a special prosecutor. what repercussions could she face? ashley: she could be disqualified from the case.

willis admitted to a personal relationship with nathan wade who she fired to prosecute the former president in a case in georgia related to the 2020 election but denying any conflict of interest. once a hearing is set for later this week to be canceled, fulton county superior court judge scott mcafee denied that request saying it's clear disqualification can occur if evidence is produced. there is speculation donald trump may attend the hearing in georgia that begins thursday even though he has conflicts in new york the same day. court rooms have become campaign stops for trump who has characterized these charges as political persecution it is been able to galvanize republican support around the court cases. stuart: president biden met with the king of jordan, in the push for a cease-fire in gaza. the president working on the

other would pause fighting, trey yingst will have the details. biden growing frustrated with benjamin netanyahu, has been disparaging israel's prime minister behind closed doors. keith kellogg deals with that next. trading at schwab is now powered by ameritrade, unlocking the power of thinkorswim, the award-winning trading platforms. bring your trades into focus on thinkorswim desktop with robust charting and analysis tools, including over 400 technical studies. tailor the platforms to your unique needs with nearly endless customization. and track market trends with up-to-the-minute news and insights.

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stuart: the selloff continues, the dow is down 460, the nasdaq is down more than 220 points. looking at the movers, united airlines is moving down. lauren: they got a downgrade to neutral, $50 price target. they have a lot of pricing power. airfare went up so much, that will cool off, not the demand will but pricing will and that will hurt the share price. stuart: down $41 a share. popeyes another -- lauren: there's been a turnaround at burger king and it is working. burger king is popular. kids ask for burger king.

they are narrowing the gap may commit -- with mcdonald's. they are doing well with coffee and donuts. the stock is down on international demand. the ceo mentioned the israel/hamas war. international is growing by half the rate it was last year. stuart: swept off of general big down day for the market. express. lauren: when was the last time i complimented something someone was wearing and they said i got it at express. it doesn't happen. stock is down $2 a share. record low. according to the wall street journal, they are preparing for a debt restructuring and possible bankruptcy that could come with -- within weeks because they can't drum up demand. stuart: thanks. president biden says the us is working a deal between israel and hamas that would pause fighting for 6 weeks. trey yingst in tel aviv.

what else do we know about this? >> reporter: good morning. it comes amid a lot of regional developer intent concern that what happening in gaza could expand across the region. iran back to the rebels in yemen are continuing their attacks against commercial ships in the red sea. according to us central command, we know a cargo ship was traveling from brazil to iran when it was targeted with two missiles launched from yemen. the houthis claimant was linked to the americans but the vessel was greek owned. a spokesman for the houthis claims the attack was vindication of the oppressed palestinian people. if we look at the war in gaza we are one hundred 30 days in and the conflict between israel and hamas influences global, military, political actions. monday, president biden met with jordan's king abdullah calling for two state solution discussing these -- the israeli offensive against the gaza city

of raqqa. palestinian civilians must be protected and said this about the broader conflict. >> president biden: i'm working on this day and night with the king and others in the region to find the means to bring these hostages home, to ease the communitarian crisis and end the terror threat. >> reporter: to answer your question, there is progress. we understand today amid talks taking place in cairo, ceo director william burns is there with the qatari's the kothari's, the egypt and send the israelis trying to hammer out details of a cease-fire agreement. stuart: on a related note, john kirby is speaking at the white house and has just said president biden has not spoken to his defense secretary austin and the president respect the process of him being in the hospital.

lieutenant general keith kellogg with me now. a 6-week pause in the fighting. with that allow hamas to get away? >> absolutely. i don't think they should do a cease-fire. hamas invaded israel, they killed americans and held hostage. that allows them to build up again. i don't think he should buy into that. they -- stuart: i see your point but politically the president is in a tough position. the left wing of his party substantially -- wants a cease-fire and insists on a cease-fire and supports hamas. the president's party is split. >> i remind them what president truman said, the buck stops here. the oval office, the resolute desk but that his decision, he's president of the united states, he should do what he believes is right for america and right for our allies and israel. he shouldn't have to worry

about that. that's the frustration i get with some leaders when they bend to a position they know is wrong, they know it's incorrect and they should stand firm. president biden hasn't done that. he creates a lot of confusion in the world when he does things like that, makes comments about netanyahu or when he doesn't fulfill good requirements to provide military support to ukraine or israel, just causes issues. stuart: we've got this report the president is frustrated with netanyahu and used in obscenity on occasion to describe him. this is a breakdown, not a breakdown but a breakup to some degree of the historically strong relationship between the united states and israel, not good militarily i suspect. >> not good at any level. what happens in the white house, that was deliberately leaked. when he makes comments like that he wants to get it out because you wants to send a

message and is creating weakness, create strength and support netanyahu, hamas is a terrorist organization. it is killed americans. holds americans hostage. hold them accountable. don't go into cease-fires and don't add somebody who's leading the fight. we should be in lockstep with netanyahu and anybody who wants to defend themselves like they are doing now, create that position. that's understrength message, americans are behind us, not backing up. what is this creating? what i would call a scene. you now have a scene that adversaries can exploit between benjamin netanyahu and the president of the united states. bad politics and bad national security. stuart: thank you for joining us, we will see you again soon. republican senator is lambasting the administration for using medical resources meant for veterans on illegal

migrants. he says it is causing major backup at the va. we have the story. new york city imposing a curfew at 2 dozen migrant -- following a string of violent crimes. madison alworth has that story next. ♪ ♪ i have type 2 diabetes, but i manage it well ♪

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stuart: selloff time, dow down less than 200 points. i want to look at interest rates, the 10 year treasury yield has move up to 4.4% and the two year is well above 4. 5%. looking at 458. i don't think that's good news for the housing market.

lauren: inflation is a tough nut to crack, the federal reserve. hot cpi data keeps the fed on hold. mortgage rates follow the ten year yield, the housing market will struggle to regain steam and builders get more homes cheaper on the market. stuart: news on boeing. lauren: it is down today, january deliveries 27, decline of 29%. stuart: interest rates are rising. new york city imposing a new curfew, 2 dozen migrant shelters. madison alworth with me now. was the new curfew? >> it affects an additional 20 shelters. locations seen here from 11:00 pm to 6 am.

the curfews covering 6000 migrants, small portion of the 67,000 migrants, 200 facilities across new york city. advocates of this move argue it's on par with sensors for homeless shelters in the big apple. essentially you and a bed for the night you need to come back by a certain time. same with the migrants. codecs say it doesn't do enough to crack down on crime. prosecution of crimes needs to become the priority. >> the problem we are facing in new york city is as simple as that. people realize if i get caught i will get prosecuted and chance of deportation, that might help with that segment of the population. >> crime among the migrant population on the rise, the latest a venezuelan migrant accused of shooting an innocent bystander and firing at a police officer trying to arrest

him. he's in court today. the 15-year-old, jesus alejandro revus say he tried to play. started living in new york city, migrant housing last year packed up the belongings after the crime, fled to yonkers where he was fined 24 hours later hiding behind the wardrobe. this is being charged with attempt at murder, assault, attempted assault and weapons possession. interesting to see what comes of this. stuart: we will follow it. we showed you this video, gang of migrants, the ringleader of that group speaking out. ashley, what is the ringleader saying? ashley: he claims the crime ring is much bigger than him. a-year-old migrant from venezuela linked to robberies in new york city, yonkers, new jersey, even florida, tied to

illegal gun use in december. and armed robbery at a manhattan jewelry store, cops are pinning two carjackings, six gunpoint robberies, finally nabbed while shoplifting at macy's store in new york. police say migrant low-paid gangs, peddling stolen goods and shipping proceeds to south america, living in a taxpayer-funded city shelter after arriving in new york city last year. we don't know anything about these people coming across the board but we know about this individual. stuart: a senator slam in the admin straighten's plan to use va funds to help with the migrant crisis. who is this? ashley: tommy turberville from alabama who introduced no va resources for illegal aliens

act, the biden administration is using veteran expenses to help migrants in that crisis. watch this. >> actions of president biden, he decided we need to feed 10 million people who came across the border, house of them and give them healthcare. what better way president biden says, to use community health care centers the va is using. our fund that are supposed to go to veterans are going to illegal immigrants coming across. it a disaster. ashley: it is outrageous, lawmakers say the va is unable to provide care with 19 million veterans living across the country but because those record number of migrants, wait times are getting worse. he gets bipartisan support. and a number of democrats running races.

stuart: it was a good digression. the biden campaign joints tiktok a year after the white house band that apps on federal devices. i think it was a security risk. the white house's response in our next our. kamala harris is ready to jump in and serve, she claimed everyone who sees her on the job is aware of her capacity to lead. for approval ratings tell a different story. brian kilmeade on that next. ♪ changes your struggle with missing teeth forever. it changes how you eat, how you feel, and how you enjoy life. it changes your smile

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after a week of streaming they knocked us down... ...to dial up speeds. like from the 90s. great times. all i can do say is that my life is pre-- i like watching the puddles gather rain. -hey, your mom and i procreated to that song. oh, ew! i think you've said enough. why don't we just switch to xfinity like everyone else? then you would know what year it was. i know what year it is. stuart: stocks on the screen, banks are getting hit. lauren: interest rates likely to stay elevated they have to pay out higher rates high rates and more deposits. stuart: 10:50 one eastern time, kilmeade time, the wall street journal reports vice president harris says she is ready to serve.

what do you think of president harris? it might just happen. >> that scares democrats more than it does republicans because everyone knows he's not been strong. in our business you get an opportunity. some people, unknown reporters you toss out of them, anchors in studio. other times you see people joining great network and the great opportunity and great support staff and they don't do well, don't hate them, don't dislike them, that maybe they can learn from. kamala harris got everything, older president, wanted one term, she was ready to be a historic figure and didn't work hard and this ask theo's story of telling everybody i'm not interested in doing anything except origins of the problem. really? only four countries in particular and only visit them

once, i have no patience for lazy, no patience for not studying, when she says i can do the job that -- nobody in the party thinks that which makes the replacement of president biden almost impossible. the overarching principle is we have to get back to picking the right person. we look at this pressing terry, probably a nice person, over her head since day one, they have to bring in somebody else and% it's not a demotion & it's not a demotion. it's a demotion for her. that is admiral kirby and other people with mustaches and dresses stealing luggage because it checks a box and we have a woman, minority and you end up with kamala harris who flamed out before the first caucus. you get people who checkboxes instead of the best people. it's an insult to everybody else. stuart: identity politics does

not work, democrat congressman steve cohen slamming nfl fans for not standing for the black national anthem. he said, quote, not a pretty picture of the super bowl corral. should be have two national anthems at the super bowl? i find that ridiculously divisive. brian: it came out of the george floyd year and calling her neck taking a knee and the nfl said this is a way for people to understand that we understand the different cultures but they put slogans and catchphrases from the civil rights era that might be out and about in some areas and still in the nba, black lives matter, no one will jot that on the side of feel because it's such a crypto organization. i was surprised people were surprised because i've been hearing about the national anthem until this season for the last two years but no one knows what they were talking about.

a lot of people jumped in for the first time to to see taylor swift so no one knows there's a black national anthem. are they happy about this? i don't think we should start a new tradition. of the country is a melting pot, can we all melt to one pose edition? i don't want a scottish national and the more german national anthem or hispanic national anthem, just want to see rockets bursting in midair. stuart: and god save the king either. terribly sorry, i am out of time. lauren has the numbers on super bowl viewership. it was huge. >> 123.4 million left. 7% from last year, the largest television broadcast audience since the moon landing in 1969. the most in a generation, the most in a generation, thank you

taylor swift, probably somewhere next to travis. bettinger now legal in vegas, 186 million, a record better on the big game. stuart: just -- lauren: justin never had a. the west coast team in vegas and they were five bets of a million dollars plus. stuart: around the country i am sure it would be in the billions. jimmy faila on jon stewart marking president biden, mark lam on arizona becoming the epicenter of the border crisis. 14,000 migrants were detained in one week around tucson. doctor marty makary on biden's upcoming physical exam not including a cognitive test. the 11:00 hour coming up next.

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>> karine jean-pierre goes to the podium, she says everyone can see this president. and, karine, that's the problem, we can. we're not stupid. >> i think the