maria: all right, welcome back. we are 30 minutes away from the opening pell on wall street. take a looked at markets, dow industrials up 31. the nasdaq has been negative throughout the show and remains down 2 points, well off the lows of the morning on the nasdaq. looks like it wants to go positive right now. i want to thank this special panel, thomas and luke. gentlemen, thank you. great show. >> thanks. >> appreciate it. maria: all right. we will see you soon, and i'll see you tomorrow here on "mornings with maria." have a great day, everybody. we've got a market that is focused on inflation and economic a data and earnings. "varney & company" picks it up now. stu, take it away. stuart: good request morning, everyone. israel's takedown of hamas in

rafah has begun. israeli tanks are in the city. in response, "the wall street journal" reports that president biden is delaying the delivery of precision weapons. that means biden is denying much-needed weapons to do our ally at a critical point in the war. these new developments in gaza will likely enflame the anti-israel demonstrations we've been seeing. last night if much of new york city was brought to a sandstill as pro-palestinians blocked traffic, burned the flag and vandalized a world war i monument with. no impact on the markets at this stage. stocks up monday, a mixed picture tuesday morning. we start with the dow industrials, please. the dow is going to be up about 30 points when the opening bell rings. s&p up about 6. now, disney, they reported their earnings earlier, a key part of their streaming business was profitable for the first time. theme parks continue to do well, but the stock is down and down sharply. your off 8% at this point if --

you're off a 8% at this point. in one hour apple reveals its new ipads. the stock is up as we wait for ea dills. the 10-year treasury yield, always very important, it's below 4.5%, 4.45. the 2-year is back to around 4.80, you're at 4.81 right now. oil, well below $8000 a barrel, hooking at $77 a barrel. gas is down one cent at $3.64. no change for deals, $3.97, is and gold is hovering around $2300 per ounce. politics. today -- yeah, gold 2324, there you have it. all right, politics. today the president speaks at the holocaust memorial. he will address anti-semitism. will he mention what's happening today in gaza and what support america will give to the israel in so far protesters have ignored the president's call for peaceful of demonstration ises. on the show today, we have eyes on the university of chicago where police began evicting students from their encampment.

the authorities have not threaten threatened to suspend or, pell students. no, they've taken -- or expel students. they've said you will be arrested. and we're going to bring you a case of trump derangement syndrome. a former cnf reporter or goes out to -- cnn reporter goes out to to win dinner who who appeared well educated and norm. -- normal. then she found out they were trump supporters. it is tuesday, may 7th, 2024. "varney & company" is about to begin. ♪ ♪ stuart: anti-israel protesters tried to wreak havoc on haas night's met gala in new york city. kelly o'grady with me this morning. take us through this. it looks like chaos. >> reporter: well, the met gala you've got the rich elite gathered to celebrate fashion,

lets of -- lots of media coverage. roughly a thousand protesters marched. it was called a day of rage organized by a pro-palestinian group. take a look at this. [inaudible conversations] [background sounds] >> free, free palestine! free, free, free palestine! >> reporter: you aptly described that as protest, but the protesters actually didn't make it to the met. a block out the demonstrators were blocked by swarms of police barricades, dozens of arisks made. -- arrests were made. but some assembled in nearby if central park and took their frustration out on this world war i memorial. one protester even set fire to an american flat. all of this reportedly with no police presence. i find just a startling difference. you've got celebrities gathered in support of fashion, impressive work by the nypd.

a crime is committed nearby, and there's a lack of resources. stuart: i think the police were stretched. >> reporter: exactly. stuart: a few blocks away they had to split them up, they couldn't cover them both. >> reporter: you're right. no resources. stuart: the judge in new york city criminal trial the said trump had violated the gag order 10 times and if he told him to his face if he violates it again, he'll consider putting him in jail. here's donald trump's response to that. roll that. >> i have to watch every word i tell you people. you ask me a question, a simple question, i'd like to give it, but i can't talk about it because this judge has given me a gag order and said you'll go to jail if you violate it. and, frankly, you know what? our constitution is much more important than jail. t not even close. finish -- i'll do that sacrifice any day. stuart: make the sacrifice. charlie hurt joins me this morning. charlie, do you think maybe trump is goading the judge, almost, hey, go ahead, put me in

jail? the. [laughter] is he doing that? >> can you, can you imagine getting an argument with donald trump, threatening to gag him it's like fighting with a gorilla over a banana. [laughter] it's not going to work. you're going to end up losing. it's so hard to take any of these cases, in particular this one, seriously. but we have to because it's going on and because, you know, they are succeeding at keeping trump off the campaign trail. but this is all helping donald trump, you know, as we've seen for weeks now. stuart: but if we get endless drama in the court, will people get tired of that and turn against trump is? could it work against him if this drags on, drama after drama? >> you would think that that would be a possibility, but if you look at the polling, and it's kind of interesting, there was a poll out over or the weekend that showed 80% of republicans say that if he's convicted of a felony, it makes no difference to them. that number was down around 40 six months ago.

so i think that may have been possible at some point, and certainly i was open to the concept that maybe republican voters would be wanting to move on from the drama, you know, in the primaries. they're not. they want to fight. and this is just so are lidfying his support -- solidifying his support, and i think it's actually probably bleeding into independents who think that he's really being fleeted -- treated unfairly and that it's worse than him being treated unfairly. even if you don't care about a him, you do care about our justice system, and you don't like the idea that you have the judge up there saying i wish i could put you in jail, i wish i could fine you more than i'm already are able to fine you. it's like justice out of control, being weaponized for political purposes, and poem really don't like that. stuart: change the subject a minute here. president biden's going to speak at the holocaust memorial rethem brans later this morning. he's expected to condemn anti-semitism. will he, should he address

israel now going into rafah? >> yes, but i'm afade that if he does -- afraid that if he does, what he'll say. whether you support american taxpayers paying for the war in israel right now, in gaza right now, congress has voted to do that. voted to send billions of dollars to pay for this. and the idea that the biden administration is going to override congress on a spending issue and withhold that, those munitions from going where congress, who who has power of the purse, sing hard power of the purse -- singular power of the purse, is a violation of the constitution, and it is absolutely despicable. his time for arguing against paying for this was back when this issue was before congress. he lost -- i guess he lost, i don't know. he's talking out of both sides of his movement i don't even know what he believe wheres at this point. stuart: east going to be speaking around 11:15 eastern, we'll find out at that point. charlie hurt, see you again soon. >> good to see you, stuart.

stuart: all right. disney reported earnings this morning. the stock is down sharply. what's the big issue, the big takeaways from their report or? kelly: okay, let's start with the good. it was a strong report card in some respects. they matched revenue expectations, 10% beat on the bottom line, that was great. the big surprise was that disney+ and hulu actually turned a profit for the first time. they were expecting a really big loss, instead, they saw a $47 million profit. altogether that streaming segment lost $18 million if you add in espn, but this is a really positive indication that disney is going to hit their profitability goal of september for that having. another strong indication is they added 6 million subs, but more importantly, they increased their average revenue per user by 44 cents. when you add subs, you want profitable subs -- stuart: this is an endless stream of good news. kelly: i know, i'm getting to. that. stuart: what happened to the bad? kelly: here's where i think you're seeing the issue in the

stock, they're seeing continued trouble in their linear tv business with, right? espn, they're losing money there. also their content sales were down, so that includes their studio. that was down 40% versus last quarter. and if you think about the way that disney is structured, it is a content company at its heart. its theme park rides, tv shows, consumer products, all is fueled by content. so when you see, oh, or we haven't had big hits at the studio and you play that out, that could spell trouble for the organization as a whole, so i think that's why the stock down. stuart: 7% the last tile we looked it. kelly, thank you very much, indeed. let's bring in kyle who analyzes these kind of stocks. i want to talk to you about invid what ya. you think they're going to go shopping. they've got a lot of money and a strong stock pavement. s who might they buy? because i want to buy that stock, because it'll go up if they buy them. >> yeah, i agree. if you look back at 2020, they

bid $40 billion for arm holdings. it didn't work, right? if since then nvidia's market cap has soared to $2.3 trillion right now. they've got a lot of money to go shopping with, to your point, stuart s. and if you look at the last q, they put $147 million into arm holdings, about five or six other public companies, but e also think if you follow what amazon recently did, they made an investment into anthropic which is one of the unicorns in the private market of a.i.. when you've got that much money, i think they might if mistake another run at arm holdings. be interesting the see what the q says if they add a it to the position on may 232nd. stuart: okay. so arm holdings is their likely target. now tell me about a apple's let loose event that kicks off in less than an hour. i think they're going to release these new ipads and maybe an a.i.-powered photo app. the stock's up. >> yeah, they're talking about the new apple 16, it's going to be at little bit larger, the phone, the max pro, and they're

the also talking about 17 could be a big change. but i don't really see a lot of massive changes except for the 16 being a little bit larger and what you just mentioned about the ipad. stuart: what about the deboard? -- keyboard, showed -- supposed to be a new ipad if keyboard which would make the ipad is the replacement for the macbook. what do you say about that? >> that could drive sales, right in you look at the macbook pro and the air, a new keyboard could be something that could drive more sales and have people finally to that next generation upgrade which apple's always looking for. tower stuart okay. you'd buy it at $183? >> i like apple. i'd buy apple at any dip, it has one of the strongest ecosystems. not only the iphone, the ipad, the macbook pro,, the itunes account, so apple has a very, very strong, profitable ecosystem, so on any dip, i'm always accumulating apple. stuart like to see some

innovation though. thanks, kentucky, i will be watching apple. here's what's coming up, more tension between "the new york times" and the white house. a top editor at the taper suggests the administration wants them to act like a biden campaign arm. we're following that one. governor kristi noem getting a lot of heat for her new book with, like why she decided to the include a story about killing her dogging correct. governor noem is on the set, she's going to move towards the set in a molt, here in new york city. governor, come on over. we'll be back. ♪ oh, yeah, all right, take it it easy, with baby -- ♪ make it last all night. ♪ she was an american girl ♪ let curiosity light the way. asking smart questions about opportunities like clean water. and what promising new treatment advances can make a new tomorrow possible. better questions. better outcomes.

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stuart: tuesday morning. how are we going to open this market?

slightly higher, is the answer. up 600 maybe on the dow and -- 60. and the nasdaq down a mere 11 point. next, the governor of south dakota is kristi noem, and she joins me here in new york city. governor, welcome to the program. >> thank you. thank you for having me, appreciate that. stuart: what brings you to new york? >> i don't know. i'm anxious to get back home. [laughter] stuart: do this first. >> all right. we'll wait until the interview's over. stuart: in your new book, you include a story about a shooting your dog despite your team telling cow not to put that in the book with. -- you not to put that in the book. the decision didn't go down well, it's not gone down well. many people are questioning your political future. >> well, i don't think you have the facts straight this was a vicious, dangerous dog that was a working dog, and i had to make a coys between the safety of my -- a choice between the safe the oi my children and an animal that was killing livestock and attacking people. it's included because a lot of politicians -- stuart: was it a puppy --

>> they try to hide from tough decisions. it was a hard decision for me, it was -- stuart: was it a puppy? >> no, it was an adult working dog that was attacking -- stuart: 14 months old. the dog was 14 months old finish. >> it was a year and a half old, yes with. yes. stuart: do you think it was good politics to include that story? >> that has been a story that's been out there for years, stuart. my political opponents have used it for years, so i want people to know the truth on it. and what this book is about -- stuart: could you be the vice president of donald trump? >> i tell you, the only president person who decides that is donald trump. donald trump is the only person who will decide who his vice president was -- stuart: and have you talked to him since the dog story? >> yes, yes, i talk to donald trump often, absolutely. and i the will tell you one thing, he needs somebody who will help him win. i have supported him from the very beginning. when he was in the white house, i was on offense every day in south dakota. he was helping me bring solutions to my people s and i need to get him back in the

white house so i can continue to protect freedom and liberty if in south dakota. so he knows that, that that i just want him to win and that i'll do whatever i can to help. stuart: if you were writing the book today, would you include the dog story? >> you know, this is a wonderful book. did you read the book? stuart: not yet. but the question stands -- >> the whole first chapter -- stuart: if you were writing it today, would you include the dog story? >> i'm proud of this book. the first chapter is all about, when you turn on the news today and all you see that's happening on these college campuses and what's going on with supporting hamas and the pro-terrorist organizations, first chapter e of this book coffers the riots that happened at the rnc at the white house and how that started with antifa. and the fact that this president that's in the white house, joe biden, will not shut this down and that they're chanting hatred towards the jewish people and exterminating them, that's what people should be talking about, stuart,. i know that a lot of people are using attacks to try to take me down because they're scared of me. listen or, i've run 1 the

campaigns and all i've done is . stuart: not everybody supports you on shooting the dog. >> well, i've heard a lot of people that say, listen, this was 20 years ago. stuart: -- with emails finish. >> 50 states have a long -- stuart: we've been consumed with emails saying i won't vote for this person. i won't vote for trump if he puts her in the vice presidential spot. >> well, i'll tell you, stuart, i'm sorry you're not hearing from real americans that live on farms and ran of. s, because every states has a law on the books that allows for animals that are killing lye stock and attacking people to be handled in way. i made a decision as a mom, and i'm a grandma, that the safety of my children and the safety of people was what i needed to decide on, protecting them from a very dangerous animal. stuart: okay. i'll move on to something much more positive. we've seen you in commercials for south dakota. >> yes. stuart: they're a success, i believe. you've brought in -- how many, 78% more plummers? >> yes. stuart: 60% more electricians?

>> yes. those commercials that bev been running was to bring workers to our state. our state is growing and thriving, new businesses have moved in p. they love the freedom and the liberty we have in south dakota. and, yes, you probably saw the electrician potential where i am a lousy electrician and shut off the lights on the capitol. because of that, in the last six months we've had a 78% increase in licensed electricians that have moved into our state that have gone there through our licensing board. we've had an incredible increase of prelims that have come in to meet our needs. i've got a new ad that's talking about home builders is and construction work with ors, and it's just been incredible to see the amount of feedback and people that are moving to our state to take opportunity of those jobs and to live like we do in south dakota. stuart: do you still think you are in line to be trump's vice president? >> it's up to donald trump. he's the only person who will decide. and, yes, i do speak -- stuart: may i ask what he said to you? >> i never tell anybody my perm -- stuart: did the dog story comp up? >> i talk to president trump all

the time -- stuart: about the dog? >> about a lot of things. is and right now he is being possessor a cuted in a political hundred, witch hunt, i talk to him about how tough he is finish. stuart: did you bring up the dog? >> yes. enough, stuart. this interview i is ridiculous, what you are doing right now. you need to stop, it is. stuart: okay. >> let's talk about some real topics that americans carry about. stuart: i'm afraid we're out of time. >> oh. well, of course we are. stuart: i know i pressed hard, but that's what people are talking about. >> yeah. stuart: thanks for joining us. appreciate it. we'll be back in just a moment with the opening bell. ah, markets first. you're with up 72, nasdaq's now up 1 point. we'll be back.

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call or go online to request your free quote today. trading at schwab is now powered by ameritrade, giving traders even more ways to sharpen their skills with tailored education. get an expanding library filled with new online videos, webcasts, articles, courses, and more - all crafted just for traders. and with guided learning paths stacked with content curated to fit your unique goals, you can spend less time searching and more time learning. trade brilliantly with schwab. stuart: a mixed picture on the futures market, modest gains all a around. 71 up for the dow. david nicholas joins us this morning. now, i read your stuff. you know that, david. you think that the invasion of rafah could disrupt the markets. okay, how does it disrupt the markets and how do you play it?

>> yeah, that's right, stuart. it's a relatively light weak economically for the market, that's the good news. the bad news is geopolitical risks are right at the forefront. so the concern is israel invades rafah, which they've said they're going to do, they gave warnings about this. you don't need an all all-out war for tensions to escalate, and this depends what lebanon will do, turkey could get involved, the iranian houthis toweled start making attacks as a well -- could or start making attacks. so i like energy. i also think gold is one of the best ways to protect yourselves -- yourself, gld, and i think you've got to looked at lockheed martin and palantir. those are the sectors i think you should be adding given the geopolitical risks in the middle east. stuart: tell me about disney. the stock is way down this morning. some part parts of the report were not happy with invest or. has the magic gone? >> yeah, stuart, that's a great way to put it. i think the magic's gone for disney. earn says, oh -- everyone says

oh, the earnings look great. the revenue from streaming was up 13 if %, but a that's if you exclude espn. when you add back the losses in espn, when you add back in hulu, disney actually lost $18 million if on their streaming. so that's the first thing. the second thing is their box office has been horrendous. if you look at a indiana jones, that was a disaster, less than 200 million. if you look at the marvels, less than $100 million of tickets in the u.s. which is just a disaster for disney. so i think they've got a challenge here with the products that they're putting out. i think they've gotten bit by the woke bug, and so a lot of what they're pushing, a lot of their segment of their population, their customers have said, you know what? i think i'll pass on these disney products, and i think disney's feeling the burn. i think it's a big deal. stuart: yeah, that really hurts. last one, you brought some stock picks what's your number one stock pick that's going to make me money in the next six months? [laughter] >> stuart, that's a lot of pressure. okay, number one with stock pic-

[laughter] i think you should look at some of the big tech names. i know this is an oversaid probably segment of the market, but i think the tech sector is where your going to get good upside9. i like facebook on the pullback. i think the upside is pretty big. given you're getting it on a selloff. also i just mentioned the defense contractor pal. en tier -- palantir. i like buying these names after they've sold off. i think facebook and palantir are two names you can make money on. stuart: i shall remember that. thanks very much, dade. see you again real soon. 20 seconds to go telethe opening of this market, and we're expecting a mixed picture when the opening bell finally wring -- rings. dow should be up a few points, maybe 60. very small gains, if any, for nasdaq and s&p 500. there's no significant economic news in the backgrounded today. we are waiting for apple's presentation at 10:00 this morn manager. we've seen disney's earnings, didn't like 'em. the stock is down and the market is now open. we're up 50-odd points for the

dow industrials, and that banner there that say says stocks open flat, that is actually it. they're flat, indeed. however, most of the dow 30 are on the upside, so there's somebody out there buying those stocks. the s&p 500, where's that? a fractional gain, up .is -- .15%. the nasdaq, same story, .03%. not that much movement. big tech, let's have them all up on the screen, please. apple, alphabet, meta, amazon up. microsoft if is down just 5 cents. i want the get back to apple. we know that at 10:00 this morning, 10:00 eastern time, they're going to kick off a new series of ipads. but with, or kelly, what's this about a them joining the chip race? tell me more. kelly: yeah. so they're reportedly developing chips to run artificial intelligence software or in data center ises. the project is called ac/dc, right? [laughter] apple chips and data centers. there's no timeline are yet, but they're reportedly working with tsmc on this design, and it

could be huge if apple is successful. they've been behind in the a.i. race, but the chip space is going to be hard to crack with nvidia, big tech get anything there there. today, hike you said, they're having that let loose event at 10 a.m. a.i. announcements likely won't come until june. stuart: ah, because they keep asking for innovation from apple. maybe they won't get it today -- kelly: it's a flashy product. stuart: that would be nice. palantir. now, i know that they reported a robust a.i. demand. why is the stock down 11%? kelly: it's all about guidance. so palantir gave weaker than expected guidance for their second quarter and full year. the company has been benefiting from the a. i. craze especially in the defense sector. they're facing headwinds for their sales though in cure. so when it comes to earn, guy dance is key. investors want to know where your money's going -- can. stuart: you've got to wait for the call.

kelly: stock move. [laughter] stuart: some companies reported before the bell today including crocs. very interesting company with an interesting product, and they're 6%. kelly: yeah -- 6%. kelly: stronger than expected first quarter earning, but hay did issue weaker than expected guidance for the brand called hey dude. love that bran, by the way. crocs is expecting sales to fall lower for the full year, so we saw the stock fall earlier today in premarket, but it is up close 8% now. stuart: nikola, what do they do? kelly: missed on revenue expectations, they delayed a delivery timeline for their reworked battery truck, and they're saying that it's hard to sell their hydrogen big rigs as consumers and with businesses, they're curbing spending and turning to end cheaper gas alternatives. stuart: that's right. i've not heard of this company for a long time. they're down to 60 cents a share, that's it. then we've got ferrari. what about them? kelly: basically, their earnings failed to excite, and it's kind of surprising because there was

double-digit growth on revenue and profit. they said it was boosted by pricing power, the mix of their power sales as well as personalized vehicles, so kind of everything you want to hear, but they didn't raise their full-year guy dance and analysts are saying that's why investors aren't excited. stuart: what's with boeing? it's the faa, they've opened another investigation. what's the problem this time? kelly: i mean, just more trouble,9 another investigation. this time they are disclosing that employees may not have completed the required inspections on their 787 dreamliner or. so the faa said in a statement that boeing -- or they opened the investigation after boeing admitted this may have happened. and so it was voluntary, but it's just not another thing that you want to see -- stuart: it's another investigation. kelly: exactly. stuart suit ubs. i believe that stock is way up this morning. what went -- they reported early, so something went right. what was it? if. kelly: beauty of low expectations. [laughter] stuart: okay. kelly: a swingback to profit

after two quarters of losses. it smashed first quarter expectations. their results were bolstered by their wealth management revenues. the other thing is the firm said they expect to complete their merger of ubs and credit suisse into a single holding company in the second quarter. so it's cost efficiencies, that's going to be a big thing for them. stuart: the stock is up 8%. that's a nice gain. peloton. i know the stock is straight the up -- is somebody going to buy them? is. kelly: yes. well, that's the report. a private equity firming hook, it's a great subscription mold. they were the pandemic darling, you know? and that demand is not there right now. people are going back to gyms. so, again, cost efficiency went up. when a p if e company comes in, they cut costs. investors hike that. stuart: it's up 12%. thanks, kelly. take a look at the big board. we are now, what, 5 minutes into the trading session. we're up 60 points, that's .16%. dow winnerses, who have we got

that's winning on that list in well, apple's slightly higher in advance of their new list of ipad products. caterpillar, home depot, goldman, walmart all a up on the dow. the s&p 500, the winners there topped by international paper, fidelity, international flavors and fragrances, ken view and nrg energy. nasdaq compos if sit winners, global foundries, on semi, fortnet, alphabet inc. there you go. two googles. check the 10-year treasury yield, always important for investors. 4.44 right now, it's down 4 basis e points. that's good news for big tech. the price of gold around $2328, down a couple of bucks this morning. bitcoin, last time we checked it was $64,000, now it's 63,5. oil, $78 a barrel. nat gas above $2 still, just. and the average price for aen gallon of regular, no change there, actually, it's down one

cent, $3.64. and diesel staying where it is, or it was, $3.97. coming up, a new poll shows fewer black americans plan to vote in november, so who does that hurt more, biden or trump in deroy murdock breaks it down. some faculty members at the university of north carolina withholding grades for all students until suspended protesting students are reinstated. now, what's that about no consequences? israeli tank it is are now in rafah. the destruction of hamas has begun. retired lieutenant general keith kellogg on that next. ♪

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stuart: 11 minutes into the session, the dow is up 50, the nasdaq's up 10 points. disney moving lower this morning after their earnings report. heir down 8%, and that shaves 70 points off the dow industrials.

so if it wasn't for disney, the dow would be up more than 100. israeli defense forces have seized control of the gaza side of rafah's border, and tanks are now in that city. jeff paul is in tel aviv for us. what's the latest from there, jeff? >> reporter: well, yeah, stuart. the israeli forces say they conducted what they are describing as a precise counterterrorism operation in eastern rafah. at the same time, you've got these ongoing ceasefire talks that are likely set to pick up today in cairo, egypt, where israel says they'll be sending a delegation of mediators to possibly work on a new deal, and that's light -- likely what we saw in eastern rafah. that's where israel says they pushed on with their operations there in order to apply military pressure on hamas to, in part, advance the release of hostages. now, during its operation in rafah, the idf says both ground troops and fighter jets hit and eliminated hamas terror the targets including military

structures and tunnel shafts. they also took over the alpha crossing on the gaza side of the entry point it shares with egypt. the move effectively shuts down all humanitarian aid coming into gaza. this is yet another key entry point that's closed in addition to the crossing that was shut down shortly after a recent mortar attack by hamas. all of this happening after hamas said it agreed to an egyptian-qatari-brokers ceasefire year. protests broke out throughout israel when the israeli government said the deal that hamas accepted did not meet its core demands. demonstrators, including some families of the 132 hostages or who are still missing, are pushing their government to do whatever it takes to bring them all home. >> we expect from the israeli government to take this deal to save all the remaining hostages who are till aa live -- still alive. save lives. don't talk about fighting and blood. >> reporter: now, as talks are

set to pick up today in cairo, egypt, there are two sticking points. one of them is that hamas has long demanded a permanent ceasefire. israel says it cannot accept it. there's also a bit of a dispute involving the hostage release itself. israel believes that the number of hostages being released would be with hostages who are alive, but there is some reporting indicating that hamas has included that number to include both hostages who are alive and or are dead. stuart? stuart: jeff, thanks very much, indeed. retired lieutenant general keith kellogg joins me now. will israel be able the take down that -- hamass and its leadership once and for all? >> yeah, stuart. thanks for having me. i think the answer's yes right now, and i think they're doing a pretty good job. there was a comment just made about how precise the operation was in gaza near if rafah when they went directly to the crossing sites which was really smart by the cities reilly

military. if you look at the maps, they're doing a very surgical attack into rafah to eliminate senior leadership. look, they're going to eventually get all the leaders of hamas, and that's what you need to do. are you going to get every single last terrorist? probably not. but you can take out the hardship. and that includes the leader currently in gaza, down in rafah. and actually that includes the senior hamas officer a in qatar. and he's going to come down too because i think they're going to go back to what they did after the munich massacre when they went after the terrorist leaders at that time. so they're going to have to go in there, they're going to have to eradicate hamas leadership, ask and it's going to be a long profits taking down rafah is actually not the end, it's actually the end of the beginning. now they're going to have to figure out where they're going to go in the future. and just a quick comment about the hostages. i'm not convinced that most of them are still alive. we've gone from 130 to 33 dead or wounded, whatever it's going to be, and i think that's going

to be the real tragedy, when you see they were not able to recover all the hostages. stuart: the administration is reportedly, quoting "the wall street journal", delaying shipments of precision-guided weapons to israel. doesn't that make israel's job much harder? you need precision-guided weapons if you're going into urban warfare. so this, isn't this an occasion where or we are denying weapons in the middle of a night to our principal ally? i don't think we've ever done that before -- in the middle of a fight. >> we've never if done it before, stuart. it's dumber than dirt. i mean, the fact of the matter is what they need is precision weapons, and the reason why, it cuts back on collateral dang. read -- damage. read, civilian casualties. for us to deny that, it kind of slows the whole profits the intent behind it was very simple. i know what the administration was trying to do, to slow roll the israelis to not go into rafah and continue the

offensive. instead of saying to the israelis, we're going to give you everything you need to finish this operation, they've tried to stood thing a line. there's no moral equivalence here. there's good guys and bad guys, there's right and wrong, and the israelis are the good, and hamas is bad. this administration hasn't picked up on that. it's trying to moderate -- stuart:ed today the president makes remarks at the holocaust memorial. he's going to do that in a couple of hours. do you think he should address directly what israel is now doing today in rafah? >> sure, he should. netanyahu just did it on monday when he went to the holocaust memorial many israel. and when he was talking about it, and i think maybe the president could ping on his words, when netanyahu said never again is now, and never again is the term we used at the end of world war ii when we were never going to see this happen again to the jews from the holocaust. the president should address that. but this is the time for the president of the united states to stand up and say without question we're fully behind

israel whatever it takes. not to actually the equivalent -- equivocate or do any moderation at all. by the way, stuart, remember, there are american hostages kept as well, and on 7, october, they killed americanss as well. here's one of the reasons why people need to understand the hostages are so important to israel. when you look at israel, the population difference is about 30x which means when they have 100 hostages, think of having 3,000 hostages if you're in the united states. that's the reason why it becomes so personal in israel and why they're fighting so hard to get their people home. stuart: domestic policies really interfere in this one. keith can kellogg, thank you so much, sir. frack if allty members at unc-chapel hill are demanding am netsty for all students arrested. kelly, that means there's no consequences. kelly: i think that's exactly the right take. basically, there's a group of faculty at unc. they want to withhold grades until the university reinstates

these students that were arrested and now suspended. they called it,,, quote, brutalization of students that they've been suspended. now, we don't know how many faculty or the names, but there was a notice that was sent out to students showing that some faculty were in support of those that were arrested. now, the university, for their part, they do seem to be against it. they released this statement. they said, quote, we strongly support the right of faculty and graduate students to express their opinions freely, but there are better ways to do this than hurting our students and abrogating our contract with the people of north carolina who support our university. we are counting on your leadership in this matter. it's our hope we can resolve this matter amicably and without harm to you are our students. here's what i say, this is very different than when i was on campus, right? and i hope the students are still study thing. stuart: we'll see. kelly, thank you very much. if your cause is considered just

by the left, you can do what you like. no accountability. that's what we're seeing on the streets and on campus. disruption, vandalism, anti-semitism, no consequences. that's my take, top of the hour. it's day 13 of trump's new york criminal trial. the judge threatened jail time for violating his gag order a 10th time. trump says he's willing to make that sacrifice to defend free speech. our report from the courthouse next. ♪ ♪ ♪ (♪) (♪) (♪) (♪)

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stuart: it is day 13 of trump's new york criminal trial. stormy daniels is expected to testified today. eric shawn is there. what's trump saying about the trial today, eric? >> reporter: well, stu, he spoke about the checks and the expenses this morning when he arrived. right now on the stand is an editor at random house penguin, the publisher that published some of mr. trump's books, just talking about as a custodian of record. all eyes on this intense day on stormy daniels who's expected to take the witness stand right after ms. franklin finished. ms. daniels, of course, expected

to outline her alleged affair with the former president after they met at a charity golf tournament back in 2006 and why is she was paid off by michael cohen. prosecutors say the deal was to hide her claims to protect trump's presidential campaign. the defense says it was to protect melania, the trump family and brand. prosecutors say trump arranged with michael cohen to reimburse hem as part of their election conspiracy, those payments illegally marked as legal expenses. but this morning when he arrived, the former president genre it rated his defense, that he was paying cohen as his lawyer. >> we didn't put it down as construction costs, the purchase of sheet rock, the electrical cost. the legal expense that we paid was put down as legal are expense. there's nothing else you can say. you don't have to put down anything, i guess. but we put down heel expense -- legal expense. it was legal expense. is that a correct statement?

>> reporter: yesterday the jury saw i those trump checks made out to do to hen. prosecutors say he paid cohen back with for the $130,000 that he took out of his home equity to pay stormy. those checks, the basis of the 34 count -- counts of filing false business records. the defense likely are will try to portray ms. daniels as an extortionist who was seek ising a payday from trump. they objected to the prosecution's request that she be asked about the details of her having sex with trump. the judge says that can be allowed in but not the details, so right now we're waiting for stormy daniels, the key witness, to take the stand here at a court. stu, back to you. stuart: eric shawn in the middle of it, as usual. thanks so much, eric. i want the say thank you to kelly for being with me. thanks very much. do it again. still ahead, congressman mark green on israel's targeted strikes against hamas in rafah. brian kilmeade responds to my interview i if with governor kristi noem, is she politically

finished? jimmy failla on a former cnn reporter surprised by how many normal people support trump. and former israel prime minister naftali bennett, i'll ask him who runs gaza when the fighting stops. 10:00 hour is next. ♪ ♪ (wife) saving for retirement was tough enough. (husband) and navigating markets can be challenging at times. (fisher investments) i understand. that's why at fisher investments, we keep a disciplined approach with your portfolio, helping you through the market's ups and downs. (husband) what about communication? (fisher investments) we check in regularly to keep you informed. (wife) which means you'll help us stay on track? (fisher investments) yes. as a fiduciary, we always put your interests first.

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