Its the latest runup or the least runup is as a result of strong growth strong profit and until last night it looked like a sure fire yes on tax cuts. Theres new momentum begun this morning, however, on the tax plan. And ron johnson and both smart and both republicans they are now a yes. Add that to the news from kevin earlier and we could see history unfold again on this program this morning. Now this it was not murder. It was not manslaughter. The jury has decide that when jose shot and killed kate steinly it an accident now wera Financial Program but we deal in politics and we will be covering extensively sanctuary cities in my opinion allow this outrage to happen. Varney company is about to begin. Im going to start with the markets because thats the all important factor on todays program and looks at them down 2 points for the dow industrial. Clearly off their lows down over 100 much earlier on this morning but remember were following a huge record close yesterday. Way over 24,000. Who is with me . On a friday morning, this man rights here James Freeman wall street journal kind of guy with the editorial board. Okay, new momentum this morning. Dane johnson both senators say yes were in had. Yes, yes, yes. Kevin mccarthy says yeah we have 50 votes im looking at a im looking at a vote todays and it is a yes. Yes, its a yes they have the ball first single on the one yard line senator bob corker urged them to pullables last night they think what youre seeing this morning is that that view that we ought to say no to american revival is not tearing the did i as you see dane and johnson getting onboortd. I dont it really matters that much. What tinkering they do at last minute to get a yes because it could be change haded easily in the House Senate Conference committee that is going to this weekend maybe. Chg thats true. And i think they are toxed as you are on getting to yes an getting that done today but details do matter. You, obviously, want to set the table for successful negotiation in that conference probably wont last very long so i think they do have to say no to the idea that it used to be called a trigger mow its just it deinvolved last night into a is that straight out reduction in tax cut scaling back of the growth potential, the economic potential for this country. That would be a mistake. I dont think theyre going to go there. Lizzy . Republicans need to get better at messaging again. Where were all of the deficit talks in the democrats side when Bernie Sanders wanted to do his single payer plan or upon obama care or obama doubling the debt . Now theyre about giving us the money and the deficit now . Do you think that bob corker senator corker is doing this. Im saying he gummed the works is it personal because hes got a nasty spat with the president . There is, i think will he do good for the p party or personal and theres a lot of personal animosity in there as well. We have a lot more coming up on whats beginning on the markets with the tax cuts vote because we have it there for you. I have to turn to this, a not guilty verdict in the trial of a e illegal graduate who shot and killed kate steinle the jury belief it was an accident and prosecutors not aloud to admit criminal deportation history and judge Andrew Napolitano joins us now own the phone. Judge, do you think that this was a mischaracter of justice . I think it was the wrong result stuart i mean this is classic case of Involuntary Manslaughter even if you accept and believe that defendants version of this which is that without explaining how he acquired gun we pretty much now how it accidentally went off. Tabuns doapght go off by accident a human being has to involve trigger. But he found this gun i canned up in a tshirt beneath a bench. He unwrapped it and it went off. The jury believed him what do you make of that . Even that is Involuntary Manslaughter. The reckless use of a dangerous instrument. But there were so many other issueses with the case. The Police Interrogation permitted the defendants to present to the jury a variety of different theories. Government insist it shall terribly sorry to jump in like this biff a bee in my bonnet was that jury influenced by politics was it a political probably. I dont know the answer to that but it would be a reasonable conclusion to assume that it was. This is the most liberal antitrump part of the United States of america. The president pounded away that this guy was the poster boy of a inappropriately working immigration system and now this may have a longterm effect with respect to the efforts of the democrats to include daca reform but the outcome unjust and motivation was probably political. All right. This is a guess an educated guess i wasnt in the jury room with them. Obviously a very important situation here and we appreciate you being with us. Thanks judge im staying on this steinl ergs murder trial President Trump saying this kate killer came back and back over the weakly protected obama border always committing crimes and being violent and yet this info was not used in court. Is axon exoneration is travesty of justice saying build the wall. Joining us now Fox News Contributor rachel el i want to dwell on politics of this. Seems to me this verdict enhances the political opposition to sanctuary cities and enhances vow that we have to o build a wall. What say you . It is the case for what donald trump is saying and if youen will to what the democrats are saying or actually not saying because theyre not even addressing this if you turn on some of the liberal media this morning you wont see it as much coverage as youre seeing on fox for example theyre continuing to be out of touch with where people are. I mean, even if yowpght Immigration Reform as i do you want Border Security span and said the average american is not a against it and certainly people who live in border states arent against it so question is when will democratics sweep San Francisco as the judge said, that verdict probably came out because that is a very liberal part of the country that very deeply hates trump and hates that he used this issue or. But people dont feel that way. Average american wants border secured. Youre of historic desent i believe. Isnt this all about the historic vote in california and in particular in San Francisco . That look which democrat politician can afford to say oh, yes we want Border Security, build the wall. No democrat can say that because that is historic vote. No nancy pelosi needs to say that to win her district but the point is theyve but democrats have lost the average american Many Democrats votedded for trump on this issue. Not in california not in california but theres a bigger issue here. This is beyond california. This is what happened yesterday is going to have National Implications that reenforce the issues that trump won on. And i think its going to make the case for him and when we see daca i have more for you where are we on stock futures we have turned around as we said earl years first thing this morning we were down roughly 100 points. Now were up 9. The difference being that two senators are now saying yes to tax cuts and we also have Kevin Mccarthy saying yes they have 50 votes that turned thing had around. Individual stock here ul it a beauty salon chain rather. Weak outlook dont ever do that even if you have to. Down 6. 8 , 206 on ulta. Now look at facebook, amazon, apple. All of them were down big time earlier this week, obviously, no bounce book, bounceback this it premarket trading all three of them are down. Fiat chrysler reporting Sales Numbers, up 2 in november. Compared to last year all right heres whats coming up, much more on the kate steinle verdict cofounder of the remembrance project thats a supreme support group met with the president on this issue and shell join us next. Big Corporate News look at this General Motors plans to roll out a fleet of selfdriving taxes by 2019 thats a couple of years away. Things are move hadding fast and first family lights the the National Christmas tree and youre going to love the two words that the president said after it happened. Financial crisis, and saw his portfolio drop by double digits. It really scared him out of the markets. His advisor ran the numbers and showed that he wouldnt be able to retire until he was 68. The client realized, i need to get back into the markets i need to get back on track with my plan. The Financial Advisor was able to work with this client. Hes now on track to retire when hes 65. Having someone coach you through it is really the value of a Financial Advisor. Catherine stein fiches suggest a turn arngd and were beginning to move higher theres a reason for this why it is happening right now ash what . One of the holdout smarts possibly was ron johnson he was on a wisconsin with Radio Station this morning he said look, i got what i wanted. I wases able to push up that deduction rate from 17. 4 to 23 . Also he said i was able to negotiate a seat at the table for the Conference Committee when they finally get the senate bill done and try to combine it with the house he was also asked this stuart for bob corker he said, quote, not so sure. I dont think so i think corker are not happy about this bill so says we can still pass it. Stuart still can pass it sos thats a positive and markets have rebated positively. Now were up 16 points on the future qk look at the other markets specifically oil. Been going up recently today it is up there are 58. 30 up nearly a buck now details on ron johnson got that. And futures are now up nearly 20 points pretty good stuff. Back to the steinle verdict. The remembrance project now that is an antiillegal immigration nonprofit based in texas and it maintains a list of american citizens killed by Illegal Immigrants in america. Joining us cofounder National Director maria, maria, i just run up the bat im trying to imagine what it would be like to be kate steinle parents to receive this verdict. Your reaction please . Shocking stuart thank you for having me on again. Its a a terrible travesty to all americans not just the steinle family but so many families who are suffering continue to suffer, stuart, and this is a blow to them and i want to give out our phone number where they can call where our families call to get help. I know this is devastating to them 1800 2296 9d 18002229691 an place illegal aliens above these american citizens. Well maria is is this all about the hispanic vote can a democrat politician the city of like San Francisco afford to say no, were not going to be a sanctuary city, yes build a wall. No democrat can say that. It is not all about votes stuart, as you know, many republicans like our even speak or of the house paul ryan, you know, they are out to open borders, lobbyist, special Interest Groups in order to be reelected so this has to stop. The common sense must be injengted injected into our society again and force current law. Build the wall, and force either by all across the United States mandate that is done by every company all the way down to the contractors. So you know, i ask your listeners to put their lengted officials on every level of government their phone number until your speed dial and call and call and call and dont give up and we have et remembrance project will not give up and win this for every family and every american. You are hispanic yourself or hispanic desent i believe your father was from mexico settled in texas, is that correct . Yes. Thats right, stuart, and he came here the right way my mother is fifth generation, and however look at this. It doesnt matter if youre hispanic. Right. We want laws enforced we want safe communities where our family, our children can play and where we can work and be fruitful when there are about joes for americans. And those legally authorized to work in the United States we dont want cay chaos and ms13 gang members recruiting from our schools you know we have a duty and our elected officials have a duty to protect our country and enforce borders, and place president Donald TrumpsAmerica First agenda as their first and foremost priorities and build the wall. Maria thank you very much for being with us this morning. It is much appreciated. Thank you, stuart. God bless you. Smtion god bless indeed. Senate back in session next hour. Vote to resume in about 90 minutes. One way or another the gop assuring us theyll pass the bill weve had that from several sources were on that, throughout the program and following its progress via the market too. How about this one . Bit coin about oh, been on a wild ride this week back above 10,000 because they get exchange in chicago well admit a future market in bitcoin thats why it is up again today. Well be back. Are you on medicare . Do you have the coverage you need . Open enrollment ends december 7th. Dont put it off til later. Nows the time to get on a path that could be right for you. With Unitedhealthcare Medicare solutions. Call today to learn about the kinds of coverage we offer, including aarp medicarecomplete plans insured through unitedhealthcare. These Medicare Advantage plans can combine parts a and b, your hospital and doctor coverage. With part d Prescription Drug coverage, and extra benefits. All in one complete plan. For a low monthly premium, or in some areas no plan premium at all. Unitedhealthcare doesnt stop there. Youll have 0 copays for preventive services. Like an annual physical and most immunizations. You can also get routine vision and hearing coverage. And a fitness membership. For prescriptions, youll pay the plans lowest price, whether its your copay or the pharmacy price. Or pay as low as zero dollars for a 90day supply of your tier 1 and tier 2 drugs, delivered right to your door. In fact, our Medicare Advantage plan members. Saved an average of over 5,000 last year. So call or go online today to enroll, and enjoy these benefits and more, like renew by unitedhealthcare, our health and wellness experience, where you can earn rewards for making healthy choices. Your healthcare needs are unique. Thats why, with 40 years of medicare experience, well be there for you we can even help schedule your appointments. Open enrollment ends december 7th. If youre medicare eligible, call now and talk to unitedhealthcare about our plans, like aarp medicarecomplete. Lets get you on the right path. Call unitedhealthcare or go online to enroll. Sfx mnemonic heres the headline Michael Flynn will plead guilty to lying to the fbi blake berman what else do you have . Stuart weve got the twopage complaingt here many which it spell spes out two different occasions. In which Michael Flynn president forger National Security advisor admit to lying to federal investigators. The dates here are important because it says on orb january 24th of earlier this year, five days into the trump presidency, flynn and i quote here did willfully knowingly make materially false fictitious and fraudulent statement that according to the complaingt there are two different instances here in which it say it is that flynn admittedded to lying to federal to federal investigators once on december 29th of 2016. Another time on december 22nd of 2016 both involving the Russian Ambassador who at that time as we know was i late in 2016 took place during the transition just as the president was set to come into office here in washington. Flynn as we know was later fired months later by the president for essentially lying to him and to the Vice President. So when you look at the Bigger Picture of this, you have michael plin who will plead guilty in just we believe about an hour or so now from a federal court, the next question is, whether or not he will then cooperate with whatever else might come down o the line with the mueller investigation. Keep in mind already papadopoulos pled guilty to lying and Paul Manafort and rick gates have pled thought to essentially defrauding the government from before their Trump Campaign involvement. But this is a major headline here as we expect hike el flynn to walk into a federal courtroom moments from now stuart and plead guilty to lying. Berman it is a political headline but draw our viewers attention to this not having any impact this particular political story no impact on the market whatsoever. Because we continue to move higher dow industrial now going to open up about 30 33 points way above 24,300. And now if i may, personal story. 20 years ago i was in hawaii. [laughter] i went for a long walk along the beach i got as far as is i could go, and sat down on some steps that led up to a rather grand beachside house. A man e emergencied he was taking out his garbage i had my back to him. He backed up to me, with i turned around and man said well, ill be. Stuart is varney golly it was gym and he knew me that was a fine moment to be known by such a Great American who was and still is really a very big deal. It was a big deal to me. I had watch jim and gomer poil and familiar with shazam and i have heard his wonderful, wonderful singing voice he took me into his house he was gracious, he was funny and he