other. imus: god willing, god is going to get involved in this? i don't think he cares about wre wrest. warner: and-- >> upon a serious note it's surprising they would keep something like the modern pancathelon a series of five events and not wrestling. warner: or synchronized swimming. imus: who wants to see that, the step ford looking wives, grins on their faces and kicking legs in the hour keep hoping-- well, not that one of them would drown, but be saved. bernie: flounder. imus: bernie, yeah, what's coming up in the briefing, five seconds. >> bill maher and donald trump. imus: all right, red-hot peppers, chili. ♪ in the state of mississippi, papa was a cop and mama was a

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>> did we just see election 2016? ann did rubio win? good morning, everyone. there were two campaign speeches last night. president obama, senator rubio two divisions of america, redistribution or growth. two economic policies, the government, free enterprise. here is how it stacked up. the president wants more government. he wants more government spending. on the list, universal pre-school, 50 billion dollars worth of road and bridge building, a green energy security trust fund. he said we could grow through government action and it will not raise the deficit one dime senator rubio responded with the exact opposite. free enterprise would result in

prosperity for everyone and the senator, addressing president, i don't oppose your plan because i want to protect the rich. i oppose your plan because i want to protect my neighbors. election 2016 began last night. "varney & company" is about to begin and i tell you now stocks could hit a record high very could hit a record high very soon. today is gonna be an important day for us. you ready? we wanna be our brother's keeper. what's number two we wanna do? bring it up to 90 decatherms. how bout ya, joe? let's go ahead and bring it online. attention on sit now starting unit nine. some of the world's cleanest gas turbines are now powering some of america's biggest cities. siemens. answers. but that doesn't mean i don't want to make money.stor. i love making money. i try to be smart with my investments. i also try to keep my costs down. what's your plan?

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>> all right. everybody how is this for a slowing economy. you are not spending money. january retail sales up pairly,.1%. your taxes went up so apparently you were spending less. and direct result of the payroll tax increase we saw in january. much more on this coming up in the show. there's good news, the dow getting very close to an all-time record. close to a five year high yesterday and we're about 1% from that record. we'll be keeping a close watch on that throughout the day's program and from the opening bell in a couple of minutes. i've got another economic indicator for you, a budget

surplus? yeah, surplus in january? about 3 billion dollars? good news, right? well not if you consider that the only reason that we saw a surplus is because taxes went up on everybody, but you'd never know from watching tv the mainstream media still calling it good news. president obama, well, he took an hour to deliver his state of the union address, it could have been much shorter if not for all of the standing ovations and may have missed what i call the oddball occurrences last night. we've got them for you. how many standing o's, too much is the answer. we'll give you the later. as megyn kelly star of the fox news channel we'll talk to us about marco rubio's speech, and do not be distracted by the sip of water. and the president's favorite words, investments. >> to work to pass a budget that

replac replaces-- it's not a bigger government that we need, but a smarter government that sets priorities and invests in broad-based growth. we want to make the best products, we also have to invest in the best ideas, now is not time to gut the science and innovation, no area holds more promise than the investment in american energy. what's next?

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>> right from the get-go i am joined by a first, by scott page, a ceo that runs a business. scott, i want your take on the $9 minimum waning proposal by the president. >> i think it's a great idea. stuart: you're going to hire more people when the cost of labor goes up. >> we have to look at the bigger picture here, stuart, one of the things i believe what the president said in entitlement reform if we want more people off of welfare and entitlements we have to pay them more. look at the national poverty level. someone who has a child is going to be in poverty, more money into the economy and business owners i think it's responsible to take care of your employees. stuart: we hear you. what's happening on wall street. the bell is off and running and i think we started out 150 away

from the all-time high and we're still 150 away. a slight drop for the dow just down two points as of now. and now i want to bring to chicago and bring in scoot. everybody's taxes went up. retail sales neglible up only .1%. what does that tell you. >> it's not state, it's the fate, and chiseled in stone, that's not good. we still have an 8% unemployment rate and 2% growth. this is just not working so you can paint a picture that things are getting a little bit rosier, pull that car over and take a look under the bohnet and that engine does not look good and we're still in trouble. stuart: now, you're an employer, the president wants to raise the minimum wage to $9 an hour and you say what? >> i say why doesn't the free market dictate what you have to pay your employee. if you want good people you have to pay them more.

something the employer should decide and not the government. i don't know why it's an issue so long. if i want to pay somebody because they're a good worker, i'll reward them. if not, i won't. that's common sense. >> new record highs for stock pretty soon, scott? >> you have to put your hands over your eyes and buy everything you see and that's what the government is telling to you do, that's what they've been telling you qe whatever for ever. ultimately we'll have a come to jesus and a correction here it's not going to come soon and you don't want to miss out on short-term returns. stuart: all right, scott in chicago, thanks very much indeed. scott page, why don't you let the market set the wages, why not? >> i think this whole discussion about free market, less regulation, let everyone dictate how they run themselves is a mistake, and people and businesses need moderation-- >> wait a second you think it's okay for the government to tell business you will pay that guy

that amount of money. >> i think it is in this environment we need some change and people, again, if you had to look at the bigger picture which i think that everybody is looking at microscopic approaches to thing. we have an economy that's suffering, a deficit. an entitlement program that's in big trouble and getting people off of poverty you have to pay them more, no one is making $9, $18,000 a year, how do you expect people to live on 14,000 a year. stuart: don't expect them to live on that, that's what the minimum wage is for, for people fresh out of high school, getting their very, very first job. not for guys in their 40's and 50's. >> and people coming out of high school don't have to worry about getting a first job because with obamacare and-- >> and haven't got a job, they haven't got a job because of this economic policy. i've got to go. nicole, we are on all time high watch for the dow. we open a bit lower and now we're up a bit. >> i'm going to graduate you because you talked and talked and talked until the dow is back in the green now. okay? so well done, stuart varney.

let's take a look here. this is the back and forth action that we've seen this september. you can see since january, it's all green at 14,020, so looking good and there's the s&p 500, at 1622 so we really are testing the highs that we saw back in 2007. and now, we can say we're up 2 points. stuart: yeah, we can say it it and we will. thanks, nicole. two big names you know they're making news this morning, first off is intel. plans to offer its own tv service to compete with traditional cable companies. you may, they offer live on demand programming. you get your own set top box from intel. intel stock not much changed. still a door stopper, $21 a share. then we have microsoft, get this, it sold at 76 million xbox 360 console to date. last year users spent 18 billion hours on the xbox. the stock still a door stopper $27 on microsoft which i own.

all right.. groupon, that's higher this morning, there's a story behind that and i'm going to nicole at some point and we'll have that. groupon is up 6%, i think that people are moving out of traditional social networking stocks. am i right, groupon people moving out of the facebook and on to groupon. >> seems that way, a nice move up 7% and a nice vote of confidence today with that call, that analyst call so a plus here for groupon. stuart: thanks, nicole. let's get back to the state of the union address and bring in the rnc chairman. welcome back, i've got to talk to you about mr. rubio, senator rubio, gave the republican response last night i'm sure you liked it. is senator rubio now your guy? >> well, you know, he's my former law school classmate so i'm a big fan of marco and you know, listen, i've got to have plenty of gals and guys on my

list and i do. and i think that we're a young party, i think that we're a diverse party and sometimes we do a lousy job bragging about it, but if you look at our bench, i think you see the future of america behind the republican party, but we just have to do a better job talking about it and we have to be a big, broad coast to coast party and that's what we have to do. stuart: i put it to you that last night. >> yeah. stuart: president obama won politically. what he was saying is politically attractive. spend more money, maintain entitlements, keep the flow of goodies going. that's politically popular. i think, you may contradict me if you wish, i think at the moment that's what this country wants politically, go. >> i don't know, stuart. i mean, here is what i think. i think on the issues of the economy, creating jobs, the debt, the spending, i mean, if you look back at november, certainly we lost. and for us that, that wasn't a good-- this is a terrible thing, but look at -- if you break it down,

people actually on jobs and the economy, chose mitt romney over barack obama. but where people chose barack obama overwhelmingly was the question on hey, who do you like? and they chose barack obama. so we win on the math argument. but, stuart, we're losing on the heart argument, who do you like. stuart: yes. >> who do you want to have a beer with. i mean, these are the things that o

tubing energy the biggest power company in the country. half billion dollars in the last quarter. the stock is up just a little. ge, most, a lot of people own a bit of it maybe without knowing

it and comcast buying ge's remaining stake in nbc universal and general electric 23 and comcast straight up, by the way, and january retail sales out this morning, barely up. two retail stocks for you, macy's, it's up 23 cents, that's it and then we have j.c. penney and that stock is trading at 19. it's up slightly despite a minuscule gain overall in retail sales. time is money, let's get on with it, shall we. the stories. first, a woman sues her alma mater after she got a c-plus in a class, a grade that she says cost her a dream job. she went to school free because her father is on the faculty. she's suing. judge napolitano, i can't wait for this. 10:15 for the judge and another one for you. a proposal in maryland that would make any school work or a teacher, anything they do in school or at home property of

the board of ed, what? my kid's solar system project becomes their property? the judge will e back on that one as well. in michigan, an attorney in michigan offering a valentine's day promotion, a free divorce for one lucky or unlucky person, depends how you look at this. can't believe it. check the dow, closing in on the all-time high. we're up 7 points and we're what about 150 away from the record. as for oil, $97 per barrel. weak retail sales last month hardly up at all. what does that tell us about obama's economy. a favored economist joins us next. (announcer) at scottrade, our clients trade and invest exactly how they want. with scottrade's online banking, i get one view of my bank and brokerage accounts with one login... to easily move my money when i need to. plus, when i call my local scottrade office, i can talk to someone who knows how i trade.

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>> all right. you see that. i'm he not sure you can read it. 1401 points away from the all time high. that's it. now the payroll tax increases is clearly having an impact on consumers.

january retail sales up 0.1%. michelle girard, senior economist at rc greenwich capital is here now, a favorite economist of ours. michelle, i say this economy is just way subpar, bumping along a bottom, absolutely not good enough. what's your take? >> yes, well, that's absolutely true, stuart. you know, it looked very weak in the fourth quarter, but the underlying data actually were better. we had better consumer spending and business spending and that decline of 1/10 of a percent indicated, but let's face it, we're excited that consumer spending is growing 2.2%. and it's going to be weaker in the first quarter. i mean, these are levels that are very subpar, well below the historical norms if you would suggest and you're right, even though we economists keep telling everybody, we're growing, we're growing, things are getting better and if someone doesn't feel a whole lot

better as people want to suggest. >> i'm sure you listened to last night's state of the union speech. to my mind the president was calling for more revenue, tax increase coming from the private sector, coupled with much more government spending. did you think that that program, more government spending, more taxes, do you think that gets us to 3, 4, 5% growth or what does it do to the economy? >> no, i certainly don't think that's a prescription for more growth. i also think it's a nonstarter. what we see here is the president sticking, obviously, to his views on how we should approach, you know, more government spending, more stimulus, more programs to help move the economy along, but the republicans of course, are adamant. they gave in on taxes and they're not going to give in anymore and that's why i do think as we look ahead to some of the budget issues that we're facing are they do pose some risk for the economy, that the cuts in particular that take us back since march 1st, we are going to, i think, look at a

situation where the economy is going to continue to kind of struggle, just under the uncertainty of what's going on in washington. >> okay. i just want it bring in my colleague scott page for one second. holds on a second. you don't think you're going to get growth with government spending and taxes, ten seconds, make your case. >> what you played on exactly is the uncertainty. we were running up against the fiscal cliff and-- >> no, scott, the question is if you raise government spending and taxes do you get growth. >> i think that the private industry-- >> do you get growth? do you get growth? >> by raising taxes and raising revenue and we need to tax more oil companies. any company that has jobs off seas need to be overtaxed and oil companies need to be overtaxed. stuart: i'm not asking you what you think we should do. does that give us growth. >> raising taxes does not have growth.

stuart: thank you. and i won a philosophical. what's a fair share, if you make a million dollars a year, what's a fair share for the government to take on every extra dollar you make. >> how do you begin to answer that. >> oh, i could. >> obviously, the upgrade converters pay, by far the greatest percentage of the tax revenues that come in and you know, to the extent that a lot of those upper income earners we say, the wealthy guys, small businesses as everybody talks about that creates jobs, this is where the risk is for the economy. i mean shall the president last night talks about raising the minimum wage which i don't think is going to happen, but again, we are just continuing to burden small companies, health care mandates and talking about raising the minimum wage and the obviously, tax rates on that upper bracket. i mean, this is, i think, a real problem here and i think it explains to a large extent why we just can't get momentum not about the overall economy, but

particularly on the job front. stuart: michelle gerard, no wonder you're one of our favorites. stuart: thank you, we'll see you soon. thanks a lot indeed. one last question, i know you're in the top 1%, i know you are. you're happy to may more than half of your income in taxes? you, you. are you happy? >> personally of course not. stuart: thank you, thank you very much indeeds. >> i believe it's in the greater good. the gold report, here it is. get me out of this, please. the price of gold this morning is 1627, virtually unchanged. what i'm calling the oddball moments from the state of the union address, how many standing ovations were there? we have the number for you, it's big. and plus, that drink of water. remember that on the rubio side. did anybody notice joe biden's glasses, oddball instances, all of them after this. [applause]. >> thank you. >> we can get that done.

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you >> oh, oddball stuff at the speech last night and marco rubio grabbing for a drink of

water. not the drink of water, but what do you think of the response to the president. >> i think this is all that was weak, wasn't a response, it was a campaign speech. >> he was addressing private end prize as opposed to the failure of government. you don't think that's good enough. if he's going to stress private enterprise the correct private e enterprise and he has to express which one he's going after. >> standing ovations, last night when the president was up, down they got. up they got, down they got. how many standing o's do you think the president was interrupted by last night. >> too many. stuart: how many, what do you think. >> 17. stuart: no, wildly wrong. it was 30, 30 times for heaven's sake, almost unwatchable. joe biden literally wearing rose-colored glasses i think we can see them, yes, look at those, rose-colored glasses. do you have anything to say about joe biden and rose-colored

glasses. >> i think the media spent too much time with the drink of water and rose-colored glasses. he had scratched his eye and we're turning it to the facade he's looking through rose-colored classes. you're in the death business and buy people's life insurance policy before they die, and this is-- >> with the program we have people coming to us and selling policies because of the tax. stuart: i give you a commercial, scott, all you need. thanks, scott. and environmentalists attack any plan to frack they say it's bad for the environment and that the fracking fluid would pollute the water. don't tell that to the governor of colorado. he said he drank the fluid that comes from fracking. that's next. given way to sle. where sleepless nights yield to restful sleep. and lunesta®(eszopiclone) can help you get there. like it has for so many people before. when taking lunesta, don't drive or operate machinery until you feel fully awake. walking, eating, driving, or engaging in other activities

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stuart: good morning, everyone. would you drink a glass of fracking water? the governor of colorado did just that. let me explain. you can extract oil and gas from rocks deep underground with fracking technology. he fractured the rocks and release the energy. environmentalist's suppose -- oppose fracking because this it pollutes ground water. not so says the governor of colorado. he and his friends drink water straight from of fracking well and have done it before. he told a senate committee yesterday, they're all doing just fine. the governor wants a free hand to get the gas that is under his state's turf which brings us to last night's state of the union address. not a word about fracking, not a word of encouragement from the

government. a lot more on this as "varney & co." rolls on. welcome to a new hour of "varney & co.." the dow industrial average right now is down just a fraction. we are on our record watch. we are just about 150 points, one written 45 points away from the record all time high that was set back in of seven. here is our company to discuss all of this. on the floor of the new york stock exchange. charles, are we going to see a record high soon? >> reporter: within the next three weeks or soon. within two weeks. absolutely. stuart: that it? >> reporter: that's it. stuart: why? >> reporter: all of this kind of news that we always thought would be a catalyst would be behind us and the market would be on the so-called animal spirits, in fact, the lack of news will actually be the catalyst.

so ironic we have been hoping for news weather was the jobs report retail sales are were never. all has fallen flat. the thing that is when the market pops. stuart: you agree with that. >> absolutely. these markets are stimulated by the federal reserve. low interest-rate environment, many printing. stuart: a want to break away for a second and go back to nicole. starting to make a move. >> reporter: and we are seeing now that the analysts are jumping on board. you can see, the stock is up almost 6% at this point. ec analysts saying that there will be one of those names calling in a buy today. and very well lately. stuart: there you have it. you told us yesterday that we could make money on pike energy. what a way to start your making money with charles because you were dead right. >> reporter: up like 7 percent. it was a downgrade based on price. don't even lori. i still think he buying it. some people probably traded 300 percent more than its

average daily volume. stuart: dare i say you move the market? >> reporter: don't say that. [laughter] stuart: it to more stocks later in the program. >> reporter: high-risk played in the long-term retirement like. stuart: the gas price spike is still with the spirit national average for a gallon of regular moved up again overnight $3.61 a surprise right now. that means gas, regular, has gained $0.30 in the last month. that is bike. move on to california for a second. a lot more out there. a gallon of regular averages $4.7, up $0.45 in a month. is it going to keep on going up? >> reporter: the same thing with the stock market. keep going up because it is artificially propped up by the federal reserve, public money, low interest rates. the oil market is following the stock market. if you put the two up against each other their tracking each other. as long as the stock market keeps going up, the fed to stimulate market, oil prices and

gas prices at the pump are going to keep going higher. stuart: we told you that the colorado governor drink a glass of fracking water to prove that there is nothing wrong with it. if the governor is right then california could be sitting on a real gold mine that would really help california get out of a lot of its debt. researchers say that the formerly golden state could collect 1/4 trillion dollars at the very least of the next two decades if the state were just tap into the natural resources under its territory. mike, mike reagan, the voice of reason from california. i want you to tell us, give me odds. or the odds that jerry brown will do a u-turn and say, yes, get out there in iraq. let's get that money. >> he will not be doing that because we have the state senate working in a way to bring less water to the central valley of

california. they can put in their bullet train to nowhere. that's what's going. stuart: this time you have to be wrong. you're the voice of reason, at this time you have to be wrong. how can a state that is flat broke and has been run down into oblivion for 30 years, how can they turn up its nose at $250 billion in revenue without spending a dime of the state's money. how can they turn this town? >> because of all of the green laws that have been put in effect family by the federal government but also the state of california, a b32, all the things that happen during the schwarzenegger years of running the state. has become that green state. that is why those things are not, in fact, going to happen. anyone in that business is moving to texas and getting out of the state of california. what's going to happen? someone the other night to is a

lawyer for dwp and said the cost of energy in california is going to triple in the next 5-10 years. right now it is too high, chasing the working base in the state of california being chased of the state to every place else but california. stuart: you're killing me. you're just telling me. >> are killing me. i was born and raised here, and i'm looking at this, and it is just outrageous what is happening in this city california right now. two-thirds majority in the state house. the state assembly in the state house, and these people have, you might say, liberals gone wild, great television series. stuart: a good idea. i want you to comment on obama, president obama versus and arubia last night. i'm sure you saw them both. what is your judgment? >> i wish the president would have taken a glass of water and gone home. the reality of it is you have

progressive speech by the president of the united states and the other side of the coin, very reagan asked type of speech out of marco rubio. the problem is, his side, our side, not running the country being run by the president. what to the president's a? do it my way or i have an executive order right behind it, and i'm going to take care of this issue of law myself. i don't in the congress of the united states. there was nothing in that speech to talk to that young girl who works as starbucks and makes 13, $14 an hour who is now taking home $200 less a month in pay because of the fiscal cliff legislation that, in fact, put back the fica tax, and she is wondering how she's going to make ends meet. what has happened is the middle-class is being devastated by this government for not being uplifted. stuart: i will say this in thing to you that i said earlier on the show. the rnc chairman. the president last night

articulated a very strong political mind. he said things which will be politically a pop -- politically popular. he agreed with me. in many ways the president, if it was a contest last that the president won. what do you say? >> well, the president normally wins because he is the president of the ad states. most people watch the president's speech, and the only people who watch the marco rubio speech are people like myself for people on the side of the equation. most people just wants the president and then it turned out and go have dinner or whenever they will do, so the president does win on that side. where are side wins, the conservative side wins is when the fiscal cliff happens in the world changes and people are really more out of work and they are today. we come in to try to, in fact, save the day. republicans need to be an offense that of the issue, not the back side of the issue. it's good to be in the front side of the immigration issue instead of the backside.

stuart: next time you are on we will be -- i want you to promise me something, promise the you're going to deliver to the good news from california. can you do that? >> boy, oh, boy. i will work on that immediately, as soon as i leave here now. i will start working on it. stuart: i'm going to bring in the cold. at buffalo wildlings. >> reporter: us talk about what is hot and what is not. the stock is down about 5%. however, their same-store sales are on the rise. the company is coming and saying, we are energized and determined to achieve net earnings reported 3% for 2013. they sound positive and talk about opening new franchises. at the same time you have one very bullish saying the outlook is even a conservative. on the other hand oppenheimer is

saying these taken prices need to come down. it is a real push and pull on this one. stuart: that nothing that many people own buffalo while the wings stock, but i think a lot of people traded. a lot of a trader interest in that molotov rest rostock. i am calling the response to the state of the union message very effective. i think he won the head-had matchup with president obama last night. does make and kelly agreed? we will ask a right here on the program attend 45:00 a.m. does she think of that famous drink of water is a big deal? we will ask. right now, i'm going said rich edson on capitol hill. now, president obama c'mon going to say he is the campaign trail today. where a ceiling, what is he going to say, and to whom is he speaking. >> reporter: asheville, north carolina to make heavy-duty

engine driveline components to mature the factory, give a speech, workers there, and this is the administration highlighting of the president's manufacture proposals. this issa place that manufacturing facility, the white house says brought back manufacturing jobs, increased manufacturing jobs, part of the billion dollar effort that the white house is pushing to create these initiatives are community colleges partner with the department of defense, energy, and private businesses to train workers to manufacturers. part of a six week bush and the economy stemming from the proposals the president outlined last that the state of the union stuart: i am calling it a six week campaign pledge. and not allowed to go and offer an opinion, but in my riding and my right. >> i have rarely heard of you being wrong. stuart: he does stand-up comedy, and he's very funny. you still do? >> i have an appearance on the

28 on the sequestration. stuart: will see you later. i think senator review came out on top last night. the more effective message, and i was more receptive to the message and the president. >> that plays a big role, but i thought he was so sincere about the way you spoke and what we're beginning to see now is that the gop has learned to speak in plain language and to connect the dots with their philosophies and regular people. that kind of stuff is when you connect with people the on the other things that there were using in the past. stuart: let me play a sound bite. >> the tax increases and that deficit spending you propose will hurt middle-class families. it will cost them their raises, cost and their benefits and may even cost them their jobs. it will hurt seniors because it does nothing to save medicare

and social security. mr. president, i don't oppose your plan because i want to protect rich. i oppose a plan because i want to protect my neighbors. stuart: that was an effective line. i want to protect my neighbors. still lives in a working-class average he was born and raised in. his neighbors are not millionaires, not protecting millionaires. stuart: i recall that he also said that he had just finished paying off his hundred thousand dollars in college debt, college loans just a couple of months ago which i think was really effective. be real and talking to the american people. however, i do not think his presentation was effective because just as mike reagan said a lot of folks turned off. i believe he needed to make his message shorter. command of the gate saying that the president to spent the past hour demonizing success. what defines as in this country, laid out a plan to avoid these automatic spending cuts on march march 1st. he laid out a plan for job growth and talked about raising

the minimum wage. i will start off by saying i just walked through a small business owners said that if that happens i will have to lay off 5-10 workers if they raise the minimum wage. it's a job killer. stuart: that was good. >> i was glued to it last night. stuart: by the way, president obama's take for treasury secretary, facing the senate finance committee today. the hearings is getting a new way. the issue to watch for, here is an issue, had an account in the cayman islands. is it okay for the presidents treasury secretary nominee to have a cayman islands account? remember, the left really went after mitt romney for having an overseas bank account. so when is it okay to have a bank account? >> it's okay to have one, we have the right to criticize them if he does.

stuart: a student at lehigh university is suing the school because the teacher gave her a bad grade. another example of lawyers involved in things they should not be involved in, running the country. a former lawyer, judge napolitano is here. what is he going to say? ins. i didn't see them coming. i have obligations. cute obligations, but obligations. i need to rethink the core of my portfolio. what i really need is sleep. introducing the ishares core, building blocks for the heart of your portfolio. find out why 9 out of 10 large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal.

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16 billion. control of the company. shares of gm up just a little. apple lowered the price of its 13--inch black book pro with the red none display, up the speed four months after was introduced the stock price of apple is back to $4.68. good news for microsoft. windows-based iphone spirit a 124% jump in phones sold. the shares flat. not that flat. we're doing okay. the dow was close to an all-time high of getting very close to my keeping a close eye on it. we are about 150 points away. the judge next. this is $100,000.

we asked total strangers to watch it for us. i appreciate it. thi'll be right back. they didn't take a dime. how much in fees does your bank take to watch your money?

if your bank takes more money than a stranger, how much in fees does your bank takeyou need an ally.ney? ally bank. your money needs an ally. the. ♪ stuart: i've got news on detroit. the mayor will make a last-ditch effort to avoid estate takeover. he makes his state of the city speech tonight. if the state does takeover this is the last chance to avoid it, a bankruptcy recommendation is very likely. it would be the biggest city ever tough call for bankruptcy in america's history. you'll believe this story. a woman and lehigh university is suing the school for giving her a c plus class. she says that great coster her dream job. now she wants there's more. there's a kicker. her father is a finance

professor. the judge. a once practiced law before was on the bench. stuart: you people ever in the united states of america. was not dismissed. if he did not get a good grade for whatever reason you just work harder. you don't sue the school and forced a professor to justify the grade. if that were the case that -- nobody would become a professor. these kids would have no grant school to attend. especially when you're attending for free because your father is a finance professor.

>> allegations. i have not seen the complaint. the court did not publish the complaint. she apparently made allegations in the complaint that the professor had it infer because of ideological differences over gay-rights. i suspect that is in -- what caused it to survive a motion to dismiss. typically one of frivolous litigation is filed against anybody the lawyers for the defendant just throwing out. the complaint comes back with some hook on once the judge can hang his hat to keep the case alive. this is probably the unique part of that. big picture, do we really want lawyers and judges deciding what students' grades should be? to we really want professors to have to justify to a judge how the student was greeted? absolutely not. stuart: of give you the big picture. the ludicrous lawsuit. >> good observation. i do not know if it has at

statute that would will enable the court. some states, too. our home state of new jersey. ad notes pennsylvania does. i wish it did. this is not belong in the court system. >> sometimes you make sense. stuart: a proposal by teachers or students, it would make that the property of the board of education. that is a grab, a property grab, isn't it? >> estimate is. right now there is a statute, a federal statute. i don't think it should be a federal statute, but it's there. protect the creations of students from seizure by boards of education and teachers. the festooned writes a piece of creative writing, a short novel, the school cannot claim that it is there, grab a copyright and

selig. belongs. stuart: with the federal rule trump maryland state rule? >> absolutely. i suggest to you the lawyers have not adequately researched. no criticism personally, i don't know who they are, they will lose. basic black letter law. when federal law interferes with local a state law the federal law supersedes. stuart: supposing the teacher has a really good lesson planned and is successful, the board of education says leon that lesson plan. >> that's different. they cannot sell a lesson plan. there is a federal law that prohibits. federal law that says if you create a project in your employment apply to the employer. it does not pertain to students but teachers. stuart: at think we are in agreement today. thank you. >> i'll show you the fire. [laughter] stuart: and not sure i can keep

going. president obama likes to talk about energy independence, but not one mention of fracking last night. my take on that is next. ♪ my new hearing aids instantly changed my life - i feel so much younger. my husband has his confidence back. and he can enjoy the laughter of our grandkids again. i can have fun with my friends again.

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♪ stuart: all right. 148 points away from the all-time record high for the

del. thought we might make run higher, but now we're down a couple of points. a pretty flat day. netflix up again and that big. what is going on? >> reporter: well, nuys call of j.p. morgan this morning for netflix. here at 183. they put a price target of two under and $5 for, over $20 to the upside potential for that one. an overweight rating, and this is a stock that has been running up over six months. up nearly a hundred 90%. so it has certainly been beefing up what they offer to their subscribers, adding subscribers, expanding internationally. stuart: we don't usually showed charts, we are showing one now. tells a story. nothing has gone straight up. let's move on to charles because he is going to a -- he has a segment right now about making money. the stock now this. >> i'm going to tell you right

now, an extraordinarily volatile stock and highly normal risk because the report after the close but there's a sense of urgency to at least nimble at it. if you were going to buy at thousand dollars worth of stock hour by 500 because one of the rivals reported tremendous numbers of stock zooming. sort of rise in the coat tails, and this is a company, by the way, we talk about housing almost every single lake. they do well with renter still they do well with buyers. they have a professional segment. earnings have been phenomenal. they have some inconsistent guidance. the stock got hammered. i thought it was oversold and has been coming out pretty nice. stuart: a real-estate brokerage. >> they connect everyone. a -- so let's say you're real estate agent. it put a website of for you and all the other things. and also, if you're renting, looking to rent, he wants to know the value of your home, they put the whole world together. stuart: and you buy eight now on the expectation of a pop because

of earnings. >> i would buy half of glen normally by. stuart: would you hold it? >> i think this is a stock that moves a double-digit clip spirited said going to be up or down 10%, but i think it will be up. stuart: at least fox business this. stuart: certainly off to a great start. what is kelly state, far -- star of the fox news channel. the water incident at 1045 this morning. it is depressing to see america turned down i golden opportunity it is depressing to see in ignorance and fear stand in the way of prosperity. here is my take on energy. america's own energy, the energy we have under our own territory. last night president obama had a lot to say about funding green energy from the solar and wind.

he wants a lot more remarriages spending comanche will take more money from oil companies to pay for it. he is ignoring a massive pot of gold, pot of cash, oil and natural-gas poland of the ground, our ground with a new technology called fracking. as we told you earlier, the governor of colorado yesterday told a senate committee that he and his friends had drank a glass of water from a fracking well. he is a democrat, and he wants to show that fracking is safe. the potential here is enormous. 15 billion barrels of oil in one california feel loan. huge natural-gas reserves in new york state. the president seemed determined to ignore the jobs and tax revenue that is available. he never mentioned the technology for an gas. he never mentioned the pipeline. think about it. president obama wants the government to create jobs. once the government to spend more money to stimulate the economy. surely sometimes he would be better for the government to get

out of the way. please, can't we go get what is ours? can your hearing aid do this?

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you'll also get a free informational dvd and brochure. why wait? hear today what a little lyric can do for you. get the hearing aid that can. lyric from phonak. lyric can. with fidelity's new options platform, we've completely integrated every step of the process, making it easier to try filters and strategies... to get a list of equity option.. evaluate them with our p&l calculator... and execute faster with our more intuitive trade ticket. i'm greg stevens and i helped create fidelity's options platform. it's one more innovative reason serious investors are choosing fidelity. now get 200 free trades when you open an account. ♪ stuart: look at the price of oil right now getting perilously close to $98 per barrel. well, we may meet -- macy more gas price increases with oil at

$90 per barrel. listen to this. from last night's "state of the union" message. >> so let's set party interests aside and work to pass a budget that replaces reckless cuts with more savings and wise investments in the future. it is not a bigger government that we need, but the smarter government that sets priorities and invests in broadbased growth. if you want to make the best products we have to have the best ideas. no is not the time to get these job-creating investments in science and innovation. today no area holds more promise than our investment in american energy. stuart: investment is the key word to watch for there in that montage. the president referred to investing which basically means spending more government money referred to throughout his presentation 13 times using the word investing. let's bring in dennis kucinich, a fox news contributor and former congressman. welcome back to the program. good to see you again. >> great to be with you. they appreciate this and

opportunity to share some thoughts. stuart: you and i totally disagree about economics, economic policy. we do. let's be honest. you're a fox news contributor, as part two is my temper but it's great to have you back. if you think -- you think that if the government spends a lot of money invests in various programs you think that that will create growth in the american economy. i say involved, but i want you to explain the connection between spending more government money, not private sector money, more government money to create real growth in our economy. how's it going to happen? >> well, first of all, we have  acknowledge that there are over 10 million people out of work. those people, some of the mark for the government, but most fo the private sector. now, there is a bigger question here, and i will say, and you may agree with this, we cannot tax our way to prosperity. nor should we cut our way to sterity.

there is a role for government and the economy, but what i heard you previously say about l and gas, you should allay your fears about this president oil exports went up 1,056 percent compared to december, 1999. you know, in november. stuart: that's not -- >> is going for oil and gas. stuart: no. no. no. no. no, he is not going out. >> he is not going all-out. stuart: and aida like the oil companies, but the president wants to tax them. >> i know what to keep raising the price. >> use that money free energy products. the president is not come home for awhile. i want to ask the question, how is that spending a lot more government money which begin that have creates jobs and growth? explain it to me. >> welcome all -- well, hold on

a minute. ght now they are planning t have military exercises in 35 different african countries. what we start taking care of things that help. stuart: that is not the question. the question i asked an update. stuart: show me how spending more money away the president wants to create some real growth in our society. >> infrastructure. we need to rebuild america's infrastructure. we cannot ask the private secto to put that trillions of dollars to rebuild roads, bridges, wate systems, source systems. that is an investment the government is to makes our economy can grow, and we cannot be borrowing money from china pan, south korea to deal to get the money to do that. we have to go back to the constitution of the united states which gives government the ability to be able to do th investing that will help our country grow. this is not only about the private sector. this is not about ideology. this is about practicality.

build a bridge. stuart: $50 billion, which we don't have, and spending on infrastructure and spending on building bridges. okay. i agree. it would create union jobs at union scale. that is what that would do. how about preschool, universal preschool. that is what the president once. spell that last night. universal preschool. you want to tell me how that kind of a new entitlement program stretching off endlessly will create real jobs and real growth in america? how are you going to do that? >> are you kidding? if we could give our children ages 3-5 the opportunity to read read, the chance to learn math at an early age, it would be -- we would have exponential growth . stuart: congressman telecom on. >> other countries are investing in their children. liar we? stuart: universal preschool will give us exponential growth? i don't see the economic.

when with this growth occurred? >> over the lifetime of a child. look. i know from my own experience. did not get to a preschool program, one mother taught me how to read the time i was  rich men of the difference in m life. we need to recognize children a our greatest treasure and investment. this is not only do i agree wit the president, but i wrote the bill. universal prekindergarten. invest america's children. stuart: all i want is for, five, 6 percent growth, and i don't think this president is going to get as there. >> we can't get there. we can't. and you know what, if we go int this austerity note, which some people are promoting we are going to choke any chance of owth in this country. i want to see more wealth creation. want to see america have growth across the board. i think that will meet the private sector growth, that is what we ought to be involved in helping to incentivize this.

stuart: i do want you to come on back. i'm going to pose the following question. what is a fair share for a guy who makes a million dollars a year? don't answer now. please don't answer now. i want to have you back and see what you think is a fair share. dennis kucinich, a pleasure. good to see you, sir. thanks very much, indeed. up next, fox news channel may in kelly. i say that senator mark go rubio me this case pretty well last night. does ms. kelley a great? that is next. ♪

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♪ stuart: earlier this morning we get the january retail sales figures. not good. sales of only. 1%. taxes went up last month, payroll tax went up, of course, less money in your wallet equals less spending, and simple. look at the price of gas this morning. it keeps on going up. $3.61 is the national average for regular meeting it is up $0.30 in one month. gas prices are rising. the price of oil underneath it all is going up. we continue to keep our eye on the dow. very close to the record i. not much closer now. 160 points away. president obama's pacing the senate finance committee this hour. you're watching closely. in a counterclaim -- cayman

islands. wait for it. important day for u. important day for u. you ready? we wanna be our brother's keeper. what's number two we wanna do? bring it up to 90 decatherms. how bout ya, joe? let's go ahead and bring it online. attention on site, attention on site. now starting unit nine. some of the world's cleanest gas turbines are now powering some of america's biggest cities. siemens. answers. you know it can be hard to lbreathe, and how that feels.e, copd includes chronic bronchitis and emphysema. spiriva helps control my copd symptoms by keeping my airways open for 24 hours. plus, it reduces copd flare-ups. spiriva is the only once-daily inhaled copd maintenance treatment that does both. spiriva handihaler tiotropium bromide inhalation powder does not replace fast-acting inhalers for sudden symptoms.

tell your doctor if you have kidney problems, glaucoma, trouble urinating, or an enlarged prostate. these may worsen with spiriva. discuss all medicines you take, even eye drops. stop taking spiriva and seek immediate medical help if your breathing suddenly worsens, your throat or tongue swells, you get hives, vision changes or eye pain,or p. other side effects include dry mouth and constipation. nothing can reverse copd spiriva helps me breathe better. (blowing sou) ask your doctor about spiriva. ♪ stuart: i would ask me in chile to join us and she is on the line right now because we want to get her reaction to the rebuttal to the president's "state of the union" address by marco rubio last night. first of all, listen to this for a second. >> the tax increases and deficit spending you propose will hurt middle-class families.

it will cost in their races. it will cost them their benefits, and may even cost them their jobs. it will hurt seniors because it does nothing to save medicare and social security. mr. president, i don't oppose your plan because i want to protect the rich. i oppose the plan because a lot to protect my neighbors. stuart: that that that was a good last line and i thought that an impact. on the line. you saw everything. use of the president's presentation, you saw marco rubio, rand paul. what to you say? i say marco rubio had real impact, which is kind of unusual for a bottle to the set of the union address. >> well, i thought one thing he made clear was the battle for middle-class voters is on and the republicans are not going to see that voting block to the democrats on which president obama has been so focused. he completely changed the argument. i mean, the part where he came out and said, look, you know, our free enterprise system is the source of middle-class

prosperity. president gamal believes is the cause of our problems. that just encapsulates what the republicans have been trying to argue over the past election season perfectly. that is exactly what they have been trying to say, although i don't remember anybody saying it. >> to clearly, i'll be it with a bit of dry mouth. stuart: dry mouth. >> you do a lot of speaking. is that ever happened to you to make you get up there and say where is this saliva? stuart: that and so many words. on the screen right now we have senator arubia reaching. rather awkwardly for that -- stuart: poor guy. that was not his fault. they should have given him a lectern in front of him. the president gets the break of when people give him the applause to take his water to redo their rebuttal. stuart: my problem is the establishment media will concentrate on that little slip, the awkward is reaching for the bottle. ignore the content. >> what does that tell you.

it tells you he was effective. if he was ineffective and would not have to focus on that. he was obviously, obviously a serious threat to the other side because the elephant and living near mess he is hispanic. he is latino. and that voting block turned other republicans in droves and the last presidential election. it raises the question about whether if he becomes the gop standard bearer in 2016 how -- what percentage does that critical voting block swings back to the gop? and he is articulate and smart. he gives a bold voice to conservative principles which conservatives have been waiting for for a long time, someone faces reagan. so he is a threat. azeris knees and that cover of time magazine as the savior of the gop. stuart: you got it. alito see you a little later this afternoon. >> and looking for to that. stuart: allow my. of correct my pronunciation. >> i won't, and i will make fun of your british accent as knew

he added. [laughter] stuart: that's 15-love to you. thank you very much. one more chance to make money with charles. go. >> let's take a look. t ex is the name of the company, the symbol of the company. international construction farm equipment. you heard about the president talked about some of this stuff. they make money all over the world. the global economy is rebounding , and i do. this is a fantastic proxy. this used to be significantly higher stock. even though it feels like a chase yellow minimal for a 20% hold. stuart: we will check up on this >> please do. stuart: a valentine's day promotion. a divorce attorney offering a free divorce. what's the hook? there is one common we will tell you about it next. ♪ [ male announcer ] at his current pace,

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♪ stuart: a new record for the number of people on food stamps. weigh over 47 million now on the food stamp program. the seeding might awaken the entire population of spain, and we are growing by 11,000 new food stamp recipients per day. >> 11,000 americans a day added to the program, and this is since 2009 to mrs. obama took

office that this number has been escalating. this is not improving the situation. it hurts it. stuart: unions in michigan found a lawsuit tenzing the state's right to work law. the union said the laws of violation of the constitution because they are covered by federal law, not state law. >> obviously a sign of the vote -- desperation. we know it's not what it used to be, despite -- no matter what anybody says, and this is just the smart thing to do. the unions, a better figure enough of a public relations point of view because even with a friendly president in the white house the continues to collapse. a better figure out. they can be all about me. a better offer a solution that just is not union only. stuart: union center. >> union centric. this is crazy. stuart: now this. an attorney in michigan ran a contest for a free divorce. the person with the worst side story wins. just in time for valentine's day

. >> come on. >> keep it to yourself. we know want to hear some stories. i think there is definitely a sign of what is happening not only in america, but around the world right now. marriage is annulled much ground. stuart: is it good marketing and valentine's day offer free divorce if he had the bad side story? >> yes,. stuart: if it brings in business i could suppose he said that is good marketing. >> marketing. in fact, divorces bike because people wait until the holidays are over before they break the news to the kids and all that. the first couple of months of the year divorce is before the roof and we are coming to sanders point, we love train wrecks. italy's reality tv shows. they're all train wrecks. stuart: the highlight reel is next.

did you know not all fiber is the same? citrucel is different- it's the only fir for regularity that won't cause excess gas. it's gentle and clinically proven to help restore and maintain regularity. look for citrucel today. stuart: loss in the highlight