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stuart: it is made day. what a nice day it is in new york city. sunshine, decent temperature, sunny streaks, that's new york city, makes new york look good on mayday. it is 10:00 eastern, to the money please. on the left-hand side of the screen, not that much, dow is up 8, the nasdaq is down 40, the s&p is down 15 points. the 10 year treasury yield keeps going up, you are at 467. the 2-year, well above 5%. the price of oil below $80 a barrel, $81.42. there is the surprise, dropped below 60 grand, coming in at $57,213 per coin it. the latest read on job openings, the jobs report, how many jobs are available in america? given number.

ashley: 8.48 million, the under the estimate of 8.46, the lowest reading since february 2021. perhaps ever so slightly the labor market is starting to contract a little bit. we will see. stuart: news on the manufacturing sector. what have you got? ashley: 49.2 is the reading. the estimate is 50. anything above 50 is expanding. anything below 50 is threatening. slight contraction in manufacturing. last month in march, it expanded the first time in 18 months. now we are talking about april, it is contracting again. stuart: all these numbers suggest the economy is slowing down. the gdp numbers, manufacturing numbers slowing down. not much impact on the market, we are up a fraction on the dow, down a little on the s&p

at nasdaq. thanks very much indeed. now this. there are times the president should be out front leading. surely the anti-semitism on campus is one of those times the calls for direct presidential engagement. after all, it's been going on for weeks but biden shrugged it off. press secretary said the white house would leave it to the colleges, last night a riot at ucla, pro, sent pro-israel groups in pitched battles, it was hours before the police force the two sides apart. where was president biden? he left it to john kirby to put out a tepid statement saying, quote, hate speech and hate symbols have no place in this country. where is the forceful condemnation of blatant anti-semitism? why not a public appearance? instead, cbs news reports biden is considering bringing some palestinians to america to keep them safe.

what contrast with donald trump is biden saying as little as possible for fear of losing votes trump is forthright and immediate on with sean hannity and said this. >> biden has to do something, biden is supposed to be the voice of our country and it's not a voice, a voice nobody has heard and i don't think he is able to do it. i don't think he's got what it takes to do it. stuart: in my opinion he is right and biden doesn't have what it takes to lead. he doesn't have the energy, doesn't have the mental agility to answer questions, and trump obviously does. second hour of varney just getting started. ♪ stuart: liz peek with me, trump is right in my opinion, biden has to do something to get these protests under control but he won't do it.

liz: it is appalling that the president has been invisible for the weeks this has not just been going on but getting worse and worse, from being pro-palestinian, concern about the plight of the palestinian people and what goes on, out and out anti-semitism, hateful symbols and language, and biden hasn't addressed this at all. everyone seems to have ignored or forgotten in may of last year he rolled out the big splash anti-semitism program, first-ever white house program trying to squash anti-semitism which was increasing and has been ignored in this country. now is the time to follow through on that rather good initiative. you are not alone. on twitter, it is trending, where is joe biden? everyone in the countries thinking do we have a president?

i think trump is right. if he sat down in the oval office to address the american people, it would be so wobbly, it would be full of we have to consider this group, we have to consider islamphobia. we've been told about islamphobia since 9/11. it's got to the point people don't even know who did that terror attack, who are the terrorists who are attacking us, this is beyond, it really is. stuart: you said the administration seems to be pushing through a whirlwind of regulations because they think there is a possibility they could lose in november so you push regulations now and keep those regulations even if you lose. liz: they are looking for any sliver of votes they might bring on whether with student loan forgiveness or taking acreage out of the oil industry, maybe look at a few

votes for doing that activist thing. there's a serious ideological group in the white house, they are panicked their progressive agenda will be put on hold if president biden loses. there's the 60 day rule which is interesting, if you wait until the lame-duck session and pass these rules and regulations, congress within 60 days can overturn that with a simple majority. trump did it with a lot of last-minute obama regulations, biden did it to trump and the white house is saying we got to do this now, jam through overtime regulations, noncompete clauses, emissions rules that were already declared illegal by the supreme court when obama did it and it looks like desperation. stuart: thank you very much. liberal activist michael moore is warning president biden that he is at risk of losing the election in november. what exactly is he saying?

ashley: he says biden's support for israel's war in gaza is an affront to their shared catholic faith is that will cost him the november election. listen to what he said on cnn. >> i'm trying to save president biden. as soon as he does the right thing, as soon, watching mr. biden, fellow catholic, our catholics and the pope is right on this. we need an immediate cease-fire but we are going to lose the election, we will lose michigan if we don't turn this around, president biden doesn't turn this around, that is going to do more to put trump back in the white house. ashley: he also defended anti-israel student protesters and suggesting media reports of anti-semitic and pro-terrorist sympathies are being overblown or even fictional. ashley: thanks.

back to the markets, kenny polcari -- kenny polcari is with us for this hour. the economy is slowing obviously, interest rates are rising. inflation is rising. why not sell a little start? kenny:if you want to tweak the portfolio, it is perfectly okay but i would not be saying sell everything and go to cash. if you are a long-term investor it is not what you want to do, you as well as anybody knows you are in it for the game, not short-term trades. i'm not saying people should not take a look at their portfolios and tweak a little bit but by no means what i suggest that. stuart: you are assuming 5% or 10%, you are assuming it bounces back at some point in

the near future. why make that assumption? kenny:the us economy right now may be having signs of slowing, on the one hand, on the other hand the data suggests it is fairly robust. plenty of jobs available, certainly look at the economic data, the job remains strong so therefore i'm not necessarily sure i think the economy is going off the edge. if i change my mind i would change my view but i don't suspect we are going off the edge. a drawdown of 8 or 9%, that's very much within the normal category of what is considered normal trading. a bear market, nowhere near that at the moment. stuart: i couldn't resist. treasury secretary janet yellen about president biden's plans to raise taxes on businesses and wealthy people. >> the president has been very

clear no family earning less than $400,000 will face a tax hike. he has not proposed such a thing since he took office and he's not proposing to allow that to happen in parts of tc ja expire. stuart: biden wants to reverse all of trump's tax cuts. would that not hurt the middle class? >> he has hurt the middle class. look what people are paying to live every day. inflation has gone crazy. everyone -- he wants to take away the trump tax cuts and carve out people earning less than 400,000. try to do that, not sure that will happen but the middle class and the lower end will get hurt because they are already getting hurt with inflation the way it is. not sure i believe anything janet yellen said or anything the administration proposes. in the end they are looking to raise taxes across the board.

stuart: if trump wednesday november is that good for the market? >> i think it is good for the market. but what if biden wins in november, bad for the market? or good, spend a ton of money. >> could be good. how does the whole executive branch look? is a democratic sweep and complete win? or is there going to be a mixed congress? that could be true with trump too. we could have trump in the white house but a republican senate and democratic congress, gridlock works the best for the market. stuart: 5% looks good on a 1-year treasury. we've been through this before. thanks a lot. here's what is coming up. the houses affected to vote on a bill that would crackdown on anti-semitism on college campuses but not all democrats are on board. aishah hasnie has the details in a moment. the white house is considering bringing palestinians to the us

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stuart: a bit of a turnaround for the dow, up 70 points. nasdaq down 40. the 10 year treasury yield gets closer and closer. it is down close to 4.7%. the 2-year treasury yielding 5.01%. 5%. >> 5 seems to be, yesterday's action at the end of april.

in a blackout period, wrote that up and the said rate cuts are off the table, you and i have spoken about that. never thought they would cut rates to begin with. now he makes clear, destroying the narrative they created about multiple rate cuts, made no sense at all. that was one of those days they throw everything out the door, all the people who bought that false narrative ran for the door at the same time, it is comical, they go in and they go out and follow each other. stuart: is that the prerogative for the stock market, the 2-year treasury and 10 year treasury. >> that's one of the barometers of the stock market people have to pay attention to. at 5% some people in this country if they get 5%, no risk, happy to do it. they take money out of the market to do that. someone who is younger.

stuart: my age, 5%, looks pretty attractive. >> very attractive. stuart: we will discuss it later. today, the house is expected to vote on legislation that will crackdown on anti-semitism on college campuses. aishah hasnie on capitol hill. what is in the bill? >> reporter: congressman mike lawler's anti-semitism bill expands the definition of anti-semitism making it much easier to prosecute cases of discrimination even though anti-semitism is already against federal law. this vote is going to divide democrats. some feeling like this infringes on free speech. >> the anti-semitism bill has a definition that is so broad that many jewish groups like j st. and nexus and others cannot support. why would you do that except if

you want to weapon eyes anti-semitism and use it as a political ploy? >> the bill is just the beginning. speaker johnson launched a house wide crackdown of anti-semitism on college campuses yesterday. multiple committees like judiciary and oversight are investigating these schools. houser publicans are taking action after education secretary miguel cardona reported the office of civil rights is overwhelmed. is investigating 136 title vi cases, two of which are at the university. cardona is begging for more money to deal with it. we are tracking are possible century resolution against congresswoman elana omar after she called some jewish students pro genocide which i tried to ask omar about this yesterday but watch what happened. >> reporter: the regret the comments you made about some jewish students being pro genocide?

>> demonstrators who are pro genocide -- >> reporter: she was on her way to a press conference but didn't take the question when leaving the press conference. stuart: a lot on your plate but thanks for sparing time with us today. the white house is considering bringing some palestinians to the us from gaza as refugees. senator roger marshall joins us now. what are the politics of that? >> reporter: you need to give aishah hasnie extra paper being threatened over there so often as well. the politics of bringing refugees, not the time or the place. i wake up concerned about the health, safety and security of americans and in my opinion there is no way to properly that people who live in gaza. not like you can run a police report on them or the fbi, are

these folks part of a terrorist organization? i want to be a compassionate people but right now it is too much a threat to our country. stuart: is he offering to bring palestinian refugees to america to arab-israeli merriment - voters in michigan. by bringing palestinians more palestinians to america? >> you make a great point. that makes perfect sense to me but i am not a politician. i'm a doctor. i want to make sure people are safe and secure. typically we brought 40,000 refugees like this to the country. president biden wants to bring 125,000 refugees. in the setting right now where we have 5 or 10,000 illegal aliens across the border we can't handle this volume. stuart: trump says the protesters are delivered trying to distract from what's going on at the border. do you agree with that?

>> it is very complicated. these riots, these protesters are very well organized, orchestrated, first thing we need to do is remove any student on those campuses protesting, get them out of the schools and see who is left standing as well. it is very complicated. on who is trying to show up but another shiny object to distract from that but this administration does that a lot. even at trump trials, one reason they want those to go on is to distract what is going on at the border, the 300 americans dying from fentanyl poisoning. stuart: a federal judge upheld a ruling that allows noncitizens to vote in local elections in washington dc. are you doing something about that? >> absolutely. i want to remind listeners that although i'm in favor of state

local control, washington dc is not a state. it's a federal district and by the constitution, congress has control of it. i go to the safety and security theme, washington dc is not a safe place to be right now. few days go by i don't hear a staff member physically assaulted, carjacking, murderers up here. i'm scared to let people come to visit us. i'm scared for my family members, staff members walking to and from work. we need to exert constitutional control and require we have citizens, only citizens vote in this particular election. that's what the constitution provides for. we one always a pleasure, thank you for being on the show. see you again soon. still ahead, the judge held trump in contempt for violating the gag order in his connell trial. is there any possibility that trump will go to jail? what would happen if he does? we will speak to a former us attorney about that next.

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stuart: the down just euros up 60, the nasdaq down 22, not

much price movement today. please start with trump media. ashley: they are you have it. down 7% this morning. they were rallying earlier. shares down $46. donald trump just received $1.8 billion of stock bonus from trump media. the company disclosed sudden gain of the billion dollar stock filing tuesday. they announced he has received 36 million shares in the company. a little more flesh cash. cannabis stocks down today, settling after they routed yesterday on news that the dea is set to classify the drug is less dangerous. the kronos group all down. look at canopy down 21%.

look at the cruise lines, norwegian cruise lines raising full-year profit forecasts after topping first-quarter earnings estimates but they are falling short of expectations. there is good news. operators are seeing all-time high booking rates for cruise vacation as travelers opt for sea-based trips but it is down 12%. take your dramamine. stuart: i do get seasick. what are the politics of the president suggesting reclassifying cannabis as a less dangerous drug before the election? >> he is reaching out to the set that feels under pressure that he appreciates them, agree classifies that and makes it less of an issue and thinks the group will go for it. it is vote buying.

stuart: i would not buy cannabis because they have control of the black market. >> they are interesting to look at by never owned one. i don't smoke it. i'm not doing it. stuart: a fine upstanding citizen. donald trump hits the campaign trl. in wisconsin and michigan today. there is a one day break in his trial. nate foy is outside the courthouse. what can we expect for tomorrow's session? >> reporter: donald trump left trump tower 25 minutes ago. when the trial resumes, la-based attorney keith davidson will resume his direct examination which began yesterday. he reap represented stormy daniels and karen mcdougall as both sold their stories about alleged affairs with donald trump. davidson said he dealt with

michael cohen in both negotiations, testifying that interest in a deal with daniel specifically, quote, reached a crescendo after release of the access hollywood tape. the state hasn't tied trump to a conspiracy to win the 2016 election but trump says this year's election is being interfered with. >> it is particular. i am supposed to be in georgia, i am supposed to be in new hampshire, i am supposed to be in ohio and other places and they have me sitting here. >> reporter: michael cohen's former banker gary farrow wrapped his testimony, farrow said cohen never told him about his affiliation with trump, while urgently setting up an account to wire daniels $130,000. separate the, the judge find trump $9,000 for non-gag order violations online, trump took down each post as ordered by the judge accepted this one.

take a look. you see trump comments, a post from michael avenatti calling them sleaze bags. and another another gag order hearing tomorrow morning the judge will consider four exertional -- additional examples where they claim trump violated the gag order but in his written decision yesterday about the nine previous violations, the judge said of trump continues violating the gag order he threatened him with the possibly of jail time. back to you. stuart: thanks. the judge warned trump could be jailed for violating the gag order. guy lewis is a former us attorney. is there the slightest possibility that trump will go to jail? >> good morning. the possibility his way more

than slight. prosecutors are going to bed every night praying and hoping trump texts something, says something so they can run into court in front of this anti-trump, favorable prosecution judge and try to get him sanctioned further. the judge has made it clear, any other violations occur, i will put you in jail and i think he will try to do it. stuart: speculate what would happen if he does go to jail? what would be the reaction? >> it is unbelievable. everything about this case is precedent setting. i wish i could say in the 40 years i have been doing this, here is what i can tell you, here's what to expect but we are off the charts here.

he is going to be brought in by the police. he will be walked in and out of court from jail. i wish i could tell you what is going to happen but i can't. stuart: i suspect if they tried to put him in jail he would win vote left, right and center. just my opinion, i don't think the american people would stand for that. what about you? >> i think you are spot on. two quick points. i do think there's going to be additional hearings on contempt, you know better than anybody trump is not going to be silenced. number 2, expect this thing to explode when michael cohen gets on the stand. is not being held accountable. he is on twitter, he is tweeting, he's on the microphone violating court

orders. stuart: how come it is okay for michael cohen to speak and say what he likes and make money out of it but trump is gagged? how come? >> there's a double standard in operation here. there's one standard for michael cohen, the centerpiece of this case, who is listening to other testimony and other witnesses testimony. i am telling you, that is off the charts as well. defense lawyers need to have their motion to strike him as a witness, to blow up this case, moved to dismiss these charges because he is the be all end all of this case, the centerpiece. if they can knock him out as a witness, there's a good chance they can, they can knock him out, this case is gone. stuart: good stuff, thanks for joining us. see you again soon.

msnbc host nicole wallace got emotional when thinking about a potential trump presidency. spell it all out. ashley: oh, yes. wallace referenced last weekend's white house correspondence dinner grimly predicting that the world as we know it especially democracy and the free press is going to be under threat if donald trump becomes president again. watch this. >> i have seen that toast a bunch of times but atlanta differently this year. it depends what happens in november. this time next year i might not be sitting here. might not be a white house correspondence dinner or free press. the real threat looms larger. a candidate with outward disdain not just for the free press but all our freedoms and

the will of law itself. ashley: claiming there was a dark undercurrent to the correspondence dinner because of the looming threat of a trump reelection victory. what are we going to do? ashley: we will keep working. fights president harris is campaigning in florida as the state's 6-week abortion ban goes into effect. the biden team is trying to make a play for florida. jackie heinrich has the report in the next hour. we told you how jen's the is turning trade schools over trading, and so many students turning to trade schools. ♪

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stuart: one hour and 12 minutes of business, not much price change for stocks, dow is up 30, nasdaq is down 14. show me big tech. properly a mixed picture. they are all in the green. amazon, meta, alphabet, microsoft, apple, all up today. trade school enrollments, up 16% in 2018. jen the students are beginning to skip traditional college education. lauren seamaimonetti, what is driving students?

lauren: streamlined job. this is hands-on trading at lincoln tech which is vocational school, they are pushing out graduates to an industry that is 37,000 positions short per year. median pay is putting good, $48,000 a year, that's attractive to young people who want to streamline their ticket to the middle class without taking on large amounts of debt and creates generational wealth in the process. >> being automotive tech, i can have my own shop. and all of what's coming. pass it down to my kids. >> reporter: these are hands-on positions. and the positions involving -- evolving with the times. you can be a mechanic and never

get your hands dirty because you are dealing with electrical problems. this is under the hood but a lot of these mechanics don't get their hands dirty. back to you. stuart: give me a job i can do, i will do it and make a living. kenny is with us. seems to me the value of a four year traditional college education has been devalued big time. >> it has been devalued because of what we see happening. the other point is it costs a lot of kids a lot of money to go to a 4-year college and they struggled to pay it back. we are short trades people in this country, whether it is mechanics, electricians, plumbers, it is difficult and they make pretty good money. plumbers and electricians make pretty good money if they know what they are doing. stuart: we should stop looking

down on people. >> there's nothing wrong with those trades and occupations. stuart: elon musk layoff tesla's electric vehicle charging team. i don't know why he did that. ashley: customers are worried they could be left in charging limbo. general motors and ford struck deals with musk and did that last year to give customers access to tesla's battery charging network. his decision to dump the division's head of that business and most of the staff as you say that maintained the system left automakers and tesla suppliers uncertain about the future but the carmakers still plans to expand the supercharge network but at a slower pace. the new locations are more

focused on expansion of existing locations. gm and ford won't change plants to equip their evs with connectors that allow them to recharge, everything that happens in this particular sector of electronic vehicles is a struggle. stuart: you are right. don't understand why he would do this. kenny:he's trying to cut costs but is it creating a new opportunity for kind of a new privately owned tesla thing, these guys get laid off, who will maintain these charging stations? are these opportunities for those who create a business that is now going to charge tesla, but be like contracted by tesla to maintain charging stations. they better get on with it. i wonder if that will give

birth to a new opportunity. stuart: i hope it does but it is another blow -- kenny:that's why i am not buying in ev. stuart: the biden administer she will reclassify marijuana as a less dangerous drug. independent women's forum suing biden over his changes to title ix. a mailman leading the charge and will join me after this. ♪

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stuart: quick check of the market, dollars of 70, losses for the s&p and the nasdaq. i want to show you gold, hovering around $2300, down about $100 so -- kenny:i write this a lot and we see it pool back. it's crushed on the back of a negative date.

tested a couple weeks ago. tested it yesterday, trade below but closed above. stuart: and you purchase gld. kenny:and physical coins and costco. stuart: thank you very much. the independent women's forum filed a lawsuit against changes to title ix. a mailman is the director of the independent women's lawsuit. are they changing the rules to allow biological men to compete with women? >> they are not saying that out loud but it's the change they are making. when title ix protects on the basis of sex, that means gender

identity. they are saying get you can have your women's sport so long as those women include men, this means gender identity is going to end women's sports. stuart: is there a solution? biological men who transition to women one to take part in sports. and what venue can they take part in sports? >> you can have a lot of solutions and that is part of the rule that they -- you could make it more inclusive. why aren't the boys having to deal with it? why is the burden falling on women? that does not protect women. title ix was designed to protect women. you could have a coed category. they never considered that.

when agencies make decisions, a legal requirement is they have to consider these options and because they didn't and just said women should have to bear the burden, that's part of the reason this rule is illegal. stuart: you filed a lawsuit. on what grounds are you filing the lawsuit? what are they doing wrong? >> first is redefining sex to mean gender identity, title ix past 50 years ago to give women equal opportunities in schools on campuses and saying women no longer deserve those protections, anyone who identifies as a woman can invade women's spaces. that completely negates the protections offered by title ix. they change the definition of harassment. it means treat people the same, you can't harass women but now

they say harassment means anything that is missed engendering. they will create speech codes, a speech police force so the new definition of harassment. third, taking away due process rights. order to got that harassment, they will no longer give people accuse any evidence, they don't have a right to a live hearing and that lack of due process. stuart: you are leading the charge against it. you made clear what you're going through. thank you to kenny for joining us for the hour. another hour is still ahead. we have bill hemmer, kevin o'leary, the 11:00 hour of varney is next. ♪

>> ting beyond me to understand why a president of the united states wouldn't publicly take a stand to hoes tangerines. we seem to