the guy who supplied me with drugs and injected me with steroids. well, uri sued a-rod for 5 million dollars. imus: tell me you don't love it. warner: for libel and defamation of characters and he was banned by the yankees. imus: enough of that. do you know who i'm rooting for now. warner: who. imus: tiger woods. warner: okay. imus: i'm not sure why. i don't condone cheating on your wife. connell: only way you can watch golf if he's doing well. imus: and then looked over at tony, don't do it. warner: the tv ratings love it when he's playing and boom, there go the ratings, but he's got a win a major as we talked. imus: fine, warner. >> that's right. imus: just unrelenting pressure from you. warner: because if he doesn't win a major. [laughter] . imus: 18 minutes after the hour,

martha maccallum is coming up. "varney & company" on tv. james taylor is 65 years old today although he's looked 65 for the past 40 years, hasn't he? i mean baby james. ♪ how sweet it is to be loved by you ♪ ♪ how sweet it is to be loved by you ♪ ♪ i needed the shelter of someone's arms ♪ ♪ there you were ♪ ♪ i needed someone to understand my ups and downs ♪ ♪ there you were ♪ ♪ with sweet love and devotion ♪ ♪ deeply touching my emotion ♪ ♪ i want to stop, thank you

baby ♪ ♪ i want to stop and thank you baby ♪ ♪ yes, i do ♪ ♪ how sweet it is to be loved by you ♪ ♪ imus in the morning ♪ >> do you want compromise? do you want to see the two sides coming together on the budget with a chorus of kumbayah? dream on. ain't going to happen. good morning, everyone. paul ryan's plan released today is near carbon copy of last year's proposal. repeal obamacare, tax reform, build the pipeline. key point, no new taxes, he appears to be playing hardball. same principles, no compromise. tomorrow, we get the democrat's

plan. one report suggests they will push for a trillion dollars in new taxes. no compromise there. two sides far apart, a divided country. "varney & company" is about to begin. ♪

(train horn) vo: wherever our trains go, the economy comes to life. norfolk southern. one line, infinite possibilities.

>> tuesday, march 12th, the headline today. congressman paul ryan's budget plan, build keystone, repeal obamacare and tax reform, welfare reform, sounds like november all over again, doesn't it? it's not just the g.o.p. turning to its original battle lines, oh, no, the left is resorting to pre-election tactics and strategies. remember this? the infamous granny off the cliff ad. the agenda product re-released a new version of the ad saying congressman ryan has granny issues and he does not respect his elders. perhaps on a more serious note. senate democrats release their budget plan tomorrow.

senator patty murray will repeat the call for tax revenue. other democrats want an extra trillion dollars, and a repeat of what we've heard before. president obama's budget plan is being pushed back for another month or so, no specifics on that one yet. so, here you have it, here is what we've got this tuesday morning. three budget plans, one on the table, two more coming, they're miles apart. we're just two weeks away until the government runs out of money on march the 27th. here is the question of the day, do you want to compromise? would you settle just to end the political wrangling? >> more on that coming up on this program today. while the battle lines are drawn in washington, the markets have been rallying. another high on the dow yesterday. taking it to 14,447.29. futures pointing just a little bit lower today. see how we open up this morning, but it's been a terrific run. maybe now is the time to take a look at your 401(k). you are making money.

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>> we are a minute from the opening bell and remember, we're closed at yet another new high yesterday. let's bring in larry levin at the cme out there in chicago. and larry, i'm looking at a couple of positive reports on

the economy from manpower. the national federation of independent business and the jobs report from last friday. i think the market's paying far more attention to that than they are to the two sides still far apart in washington. >> i would agree with you, stuart. i think that that good data, i think some of it was unexpected, the business confidence was a little better and the jobs report was great and people are paying attention to that and also paying attention to the record on the dow. the record that's upcoming in the s&p and people coming home from work every day and saying, hey, did you see what the dow did, another record and that gets that snowball rolling and people buying into the market and that's helping to push it off. >> i'm told that individual investors are buying into this big time, that's the flow of money. can you say that that's accurate? >> absolutely. and whenever we get near the records and you get the excitement and logs on to on-line account and gets in the market. and that's what happens when it's the highs, and maybe it's not necessarily the best thing

to do, you want to wait for a pullback and you're not seeing one and people are buying the highs. >> good stuff. larry levin, thanks very much indeed. we're about to start trading this tuesday morning, remember, we closed yesterday with that new high, 14,447. we're expecting a tiny little loss when the bell stops ringing and they start trading this morning. futures were down about 10 points as we got right up to that opening bell and sure enough, the opening trend is a fraction lower. that's all we've got. down just 3 points. remember, we've seen the dow go up the best part of 3% in the past week and a half and so this is a rally and a half. and let's see how things trade out when all the stocks are open. now, this is-- i've got a case for you where bad news may actually be good news. i'm talking about yum! brands. it does a lot of business overseas and posted a 20% sales decline in china. do you think that was real, real bad news, but that was actually less than expected so let's

bring in nicole because i'm guessing that that stock is up. nicole: that's right, you said it perfectly. it's not as bad as people expected. it's up 4 1/4% and that's a winner and cabella's, the outdoor fishing gear, and two action packed stocks, when i think of yum! brands i think of kentucky fried chicken, if you bring the fried chicken bucket, i'm in. stuart: details on your diet later. and merck has news on a new cholesterol drug, tell us that one. >> i'm going to need this drug. they're independent monitoring allowed them within two trials that they're working on to assess the safety and effectiveness of a cholesterol treatment that merck obviously has under their belt. so they're going to continue this large study and that's good news. >> 3% on merck is is a big deal. that's a huge stock, a 3% gain

is a very big run-up. all right, nicole, we'll watch that all day, thanks very much. by the way, the dow has turned higher, now 2, 4, 5 points on the upside. very early going and i want you to look, also, at costco. the profits up 39% in the latest quarter. they saw a sales increase, membership fees went up. more people buying in bulk and that stock is up abouu 1% and that's a pretty good gain for costco right there. let's move on to samsung. the new smart phone, that's a galaxy 4, that comes out thursday. there's a whole lot of buzz surrounding the possible eye tracker that lets your eyes do the scrolling for the screen and we're hearing vague reports of a 3-d tablet as well. here is todd hazelton. you know this stuff you're a technology guru if i may call you that. >> sure. stuart: is this samsung 4 an iphone killer? >> everyone likes to say that

every time samsung releases a product, is it going to kill the iphone? >> in your judgment is it? >> i think it can get there, but apple shared samsung, handsets, iphone 5, and the 4 and they have a portfolio and remember, that the iphone 4 at just $100, iphone 4 is free on contract, but the history a global killer all over the world and remember, that apple is trying to compete into china with samsung, where samsung is now the market leader. stuart: i want to ask you the technological side of these things. is the samsung galaxy 4 the cutting edge in smart phones? >> yes, i think it will be. >> that's the new tech leader in smart phones? >> all speculation until-- >> i can speculate with the best of them. this is the most important product in the world. there's no more important product anywhere than the smart

phone. and you're telling me that samsung has now grabbed the technology leadership in this most important product? >> i think it does. yes, it has. stuart: what do you make of this 3-d camera? >> i don't think it's going to have a 3-d camera, as a matter of fact, because we've seen them before and they've failed. basically that requires two lenses on the back of the phone to snap a 3-d image. and i don't see it in the images and the rumors, i don't see it happening. >> okay, how about the eye scroll? >> the eye scroll is very cool. samsung on the galaxy s-3 and takes the camera and makes sure you eye-- your face is in front of the phone. if you're reading a web page, the screen won't turn off. and they'll build on that with the scrolling feature. if you're looking at a web page you can scroll up and down with your eyes and very cool and not so much a concern, it's like, it's not examining your eyeballs, but rather tracking how you're looking. >> oh, this is good.

i hold the thing in front of me and look straight at it it. as long as i'm looking straight at it, it will keep the page up. >> it's called smart stay. so now they move on and add something? >> i look, i can't do it with my eye. and look down like that, is that -- that's the screen. >> that's what the rumor is, yes, that you'll be able to look. >> even with the break through? >> i think it's a fun feature that you'll be able to turn on and off and maybe most people-- i mean, we're used to it these days with smart phones and with our hands and hands-free. stuart: and you think that siri was a break through and popular. do people actually use it. >> yes, i think so. stuart: they do? and-- >> go to google now or google version or search and get the very -- and you can look up sports scores, do whatever you want with it. so, i don't think it's like, hey, siri look the at appointments or what's the nets score, the knicks score. stuart: all right, now look to

the future. what's apple going to come up with, to leapfrog over? >> the latest rumors are fingerprint scanner under the home button for security, which will be very cool. and that's rumored before and past previous iphones. and finally for the mobile payment and that's a-- >> nfc. >> mutual communication and walk up to a terminal and say you're buying a subway pass and tap and go which would allow that. google's tried that with google wallet in the united states and hasn't taken off. we're looking at isis and-- >> see, what you're talking about, little add-ones to the basic-- >> add-on's make a big difference. stuart: it's not totally new, is it? >> if apple does it it's totally new. stuart: doesn't a gadget let you

may for subway fast? >> absolutely, if they make it totally popular. we've seen it before. stuart: when do you get your samsung 4, whatever. >> hopefully soon, thursday i would like to see it, but probably shortly after that. stuart: i want a full report. >> you've got it. stuart: thank you very much indeed. >> thank you. stuart: and coming up at the tortop of the hour, here is a question, why can't you invest easily in samsung. why not? how do you get into the action? look, if you're an american or south korea, doesn't matter, you can invest in apple with a click of the finger, of course you can, you can't do the same thing with samsung, now, can you? charles payne will be here to tell you why you can't do that and maybe if you can. back to nicole, urban outfitters, now, they're down and something about passes. what's going on? >> so the closing retailers urban outfitters came in with number and profit below expectations and below the market, and hurt largely by a higher tax rate according to the company. so, obviously, the taxes are

killing them. and that's not doing well for the stock here today. it's down 2 1/4%, i should note that goldman sachs raised their price target to $45 from $44. to the neutral rating. stuart: we've seen yum! brands go up nicely, costco was up nicely, and merck was up nicely. they're big name stocks that we know and all of them have moved nicely higher. i want to just stay with the positive for a second. that's still the case, isn't it, nicole? >> right, those are looking great and we have a lot. retail index is higher and the transports, that index is higher and a few of the names, and show cabellas, the outdoor fishing company and that's doing well, and a lot of names in the green. >> i'm wrapping it together because it looks like the retailers are doing particularly well because we've got a variety of fairly positive economic reports, as if we are expanding moderately, but we are expanding, i think that's what's behind it.

nicole: i'm going with that. not mentioning the payroll tax people are getting taken out of their salaries. stuart: the dow jones industrials average is down 5 points so we've broken just about even at the opening bell. here we go. a judge shot down new york city mayor michael bloomberg's plan to ban large sugary drinks hours before it's supposed to take effect and calling the mayor's rules arbitrary and capricious, because it's only certain stores, and mayor bloomberg not backing down. >> i think the judge is totally in error in the way he interpreted the law and we're confident we will win on appeal. stuart: well, judge napolitano he is going to be here next hour and we're going to advance the story and the mayor says he's going to appeal. the question, could he win? 10:35, the judge with us. the white house wants to make the budget cuts as public and as painful as possible. canceling white house tours, for example, make republicans look like the enemy, that's the strategy, but again, the

administration doesn't want you to see the inside story. coming up, new at ten, listen to this. 139 white house staffers still making six-figure salaries, no cuts at all. why not? at the top of the hour coming up for you. seven early movers this tuesday morning, and the share price of merck jumping after trials are set to continue in the company's new cholesterol lowering drug. that stock is now up 3%. big gain. and verifone's chief stepping down and, foods down and waste water better than expected, today the stock is at 4 even, 7% game. and i-robot, the market likes it up 8%. urban outfitters doubling. ed hit of lenovo told a french newspaper they might consider

buying blackberry at some point in the future. blackberry stock dead flat, down # cen 9 cents. time is money, here is what else we've got for you. facebook chief sheryl sandberg making waves in her new book how women in power are seen more negative than men. and in the next hour, she agrees with sandberg and wait for it, women themselves are their own worst enemy. we'll explain for you. a top law school cutting the number of students it accepts. why is that? northwestern law school demands-- it it blames, actually, a lack of demand for young lawyers. we'll ask arthur aidala, why his profession is struggling. and iran, looking to sue hollywood over the movie argo, what? wait until you hear the reasons why. 9:52 for that one. we've got an oil boom in one texas town that's bringing the lowest unemployment rate in the country.

many people are moving there for the jobs. not enough houses when they get there. and that's a problem to have, isn't it? we'll talk to the mayor that have texas town next and he's here, right here next. ♪ (announcer) scottrade knows our clients trade and invest their own way. with scottrade's smart text, i can quickly understand my chts, and spend more time trading. their quick trade bar lets my account follow me online so i can react in real-time. plus, my local scottrade office is there to help. because they know i don't trade like everybody. i trade like me. i'm with scottrade. (announcer) scottrade. voted "best investment services company."

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 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.

we asked total strangers to watch it for us.

thank you so much. i appreciate it. i'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, you need an ally. ally bank. your money needs an ally. >> everything is bigger in texas except the up employment rate. city of midland texas, 3.4%. because of energy i assume. joining us is the mayor. good morning, i remember. >> your position is a volunteer position. >> correct, still have a business and thank god i have partners that help me and i get

to do what i do. stuart: as a volunteer, how much do you make? >> $75 a month before taxes. stuart: that's it? >> that's it. actually i was a city councilman prior to that and it was $25 a month so i gotta 30% raise. stuart: you're a lucky guy. that's 3.4% unemployment and i take it that's entirely due to energy? >> totally due to energy, yes, sir. >> have you got a lot of people flooding into midland? >> yeah, we don't know how many people live there. i think we've grown 20 to 30% in the past few years and that's our biggest problem is housing and traffic and schools and all of those infrastructure problems that we've got. >> okay. you've got jobs going begging, especially in the restaurant. >> it's terrible to go to a restaurant you may wait three, four hours for a table. and a buddy who waited six hours for a pizza hut delivery. stuart: how much are they making in wal-mart?

>> i think $11 an hour. stuart: at wal-mart. >> and signing bonuses at mcdonald's. those types of things. it's a problem if you come because there's really no place to live. stuart: that's right, that's the problem. you're glorying in an energy situation, very low unemployment. >> correct. stuart: what are you doing with all of these people, where do they live? >> they're finding places to live. people have rented out bedrooms, they have trailers and mobile home parks. stuart: and zoning laws? >> we have zoning laws. well, they don't really live in the city. most are out in the countyyor some of the smaller communities around, and really the entire basin, spans about 90 miles in a radius from midland, every community is doing well and the same issues. stuart: i'm not going to call it an energy boom, but the strong price of oil and strong demand for oil, supposing that comes down and you've got $50 a barrel oil. just suppose, midland texas doesn't look so good? >> it might not be so bad.

we've been through this numerous times and we understand today is technology versus just oil price and cycle that way, when the price resets, that's the way i like to describe it and it will, people will slow down the drilling and slow down activities and most people don't have the debt structures that they had in the past and plus they have other kinds of financial instruments that protects the down side. my prediction when it goes down, people will slow down their drilling and so forth and when things reset, prices will start to come back, and so forth. so, drilling costs will follow. the free market kind of works at the end of the day. stuart: you must feel pretty chesty, walking around new york city, king of the hill 3.4% unemployment and you're from texas. >> i was kind of a tourist. it really isn't because there are always things, never stay the same. stuart: by the way, you can buy a texas sized soda in new york city this morning. we weren't expecting that, but

you can do it. you can have a big gulp if you want to. >> probably a good thing. stuart: thanks very much for stopping by. >> appreciate it. stuart: a great story and we love to hear it. >> appreciate you having me in today. thanks. stuart: thanks, sir. and project gold report 9:50 eastern. 1593, yeah, we're up 15 bucks and we're getting closer to $1600 an ounce. and then we have iran. no stranger to propaganda and now the rogue state is going after hollywood and has oscar winning film "argo" in its sights and wait until you hear why iran is suing over this. >> shocked the civilized world. >> go, go, go. >>

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>> iran is reportedly suing hollywood over the country's portrayal in the oscar winning movie "argo" according to state media. iranian authorities have hired a french lawyer notorious for representing the terrorist carlos the jackle, looking into where and when to file suit. argo is about six measured american hostages and they were

identifying in the ambassador's house for months. do you have a take on this? >> i most certainly do. what, should we sue hollywood for "anchorman" an inaccurate f portrayal of what we do. and the obama administration have gotten involved because the first lady presented the best picture award for "argo", they're well involved at this point. stuart: i welcome the suit and it will highlight what iran is all about, won't it. charles: i don't know, this is from 1979. the last thing they need to worry about is their image based on a movie in 1979 and ruled the people with an iron fist and can't get out on internet messages. that's a country in turmoil. i can't believe they're wasting time. maybe we'll get a glimpse what's going on, because there's desperation inside. stuart: and ahmadinejad comes back from dear hugo's funeral and he has to have something to

do, hollywood. >> you've got to keep up the fight against the western imperialism. stuart: and the obama administration wanted to make the budget cuts as public as possible, canceling white house tours and one thing they didn't want you to know. white house staffers making six figure salaries with no cuts in sight. that's next. i want to know exactly what i am investing in. i want to know exactly how much i'm paying. i want to use the same stuff the big guys use. find out why nine out of ten 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 expense read and consider it carefully before investing. risk includes possible loss of principal.

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down in the polls. the down turn happened as the sequester cuts hit and the white house was closed to public tours. that's when the turning point arrived. that's it. now we find although the public has been locked out of the people's house, the people inside go unscathed. you may be surprised to hear who makes what. inside the white house there are two ethics advisors on $140,000 a year each. three climate advisors who make a total of $370,000. three calligraphers, totalling $277,000. in fact, there are 139 people, including deputies and special assistants who make over $100,000 a year. no doubt, they are talented people, at the top of their game, got the it. but why have they not been asked to cut back just a little? while the people locked out and the highly paid locked in. that's why the president's

polling has turned negative. ♪ >> and here is the big story of the day. congressman paul ryan's budget, build keystone, repeal bank of america repeal obamacare and the agenda project re-releases an updated granny off a cliff ad, say paul ryan has, quote, granny issues. regardless of the back and forth, here is the reality this tuesday morning, we have three different budget plans, one on the table, two coming, a house version, the senate version, the white house has yet to release its plan. let me throw this open, i do not -- i see the two sides still far apart on all the basic issues, and i don't want a compromise. i don't want them singing

kumbayah because they've got some kind of an agreement. i want to see my side win. i don't want more taxes, i want spending cuts and i want entitlement reform. why am i smiling-- why are you smiling. >> then you want the ryan plan, bottom line. 4.6 trillion dollars in spending cuts over the next decade and you know what? maybe this is more realistic now that we've gone through these cuts at the top of the year and everybody's seen that we didn't all wake up and the sun didn't come up the next morning. right? maybe we can fathom that ryan's budget plan. and maybe this is more realistic today. stuart: it hasn't got a prayer, i understand that, it's not going to happen, but i don't want to see republicans cave all over again just to get a deal. i don't want to see it. charles: so you don't want any compromise? i mean, we are talking that the president of the united states is a democrat, the senate belongs to the democrats. listen, even under paul ryan spending goes up, it goes up 3.4% every year, instead of 5%. stuart: that's a compromise. >> an amazing compromise.

paul ryan is saying let's unleash the economy so that the economy is outpacing the spending increases. stuart: right. >> hence, we'll start to turn our deficits around. stuart: and i don't want to compromise on that. i want-- >> i agree with you. stuart: i don't want a trillion dollars worth of new taxes that the democrats are going to propose tomorrow morning, i don't want to compromise. charles: new taxes, new regulations and that's crushing this economy right now. stuart: yes. charles: it's pretty simple and even paul ryan is saying, listen, you want to have spending increases, do it in an environment where we're firing on all cylinders. >> fear mongering is not going to work and everybody has seen the administration cry would feel and doing the fear mongering with granny falling off the cliff and maybe people won't buy it this time. stuart: we'll see. check the big board, hey, we're up 12 points higher after 33 minutes worth of business. i believe that's a new intraday all time high for the dow industrials. let's get to nicole because i've got interesting news on merck, and their cholesterol drug,

vytorin. fill us in, the stock is moving. nicole: the stock is moving. merck is up 3.3%. you talk about cholesterol and you're talking to a lot of american people, stuart. we're looking at the drug vytorin, and now they've gotten the word that they continue the trial with this drug. so, the panel, an independent monitoring board says they'll continue with the huge trial assessing the safety and effectiveness. a couple of things, number one, they're calling the study improving. because nobody found there are any safety concerns that have arisen with vytorin. some analysts hope the independent monitoring group says hey, it's great right now. but instead they will continue and just the fact that they're continuing and moving forward with it is good news. >> just the point that they're continuing with the-- and that's a positive, obviously, for the stock, it's up 3%, and when you get a 3% move in stock the size of merck, nicole, thanks indeed.

we're talking about the new phone from samsung, here is todd hazelton from techno buffalo, he was in the last hour, talking about whether the new samsung phone is is an iphone killer. >> so, everybody likes to say, it will be the iphone killer all the time, every time samsung releases a product. is it going to kill the iphone. stuart: come on, your judgment, is it, yes or no? >> i think it can get there, but apple just surpassed samsung in the united states with market share above them. so, we'll see. stuart: and you've all been hearing a lot about the iphone and the samsung new galaxy 4, we've got that. but i've got a question to ask for charles, why is it that i -- i don't think i can invest directly in samsung. why not? >> because they don't want you to. stuart: is that right. charles: listen, we're an amazing company, we're all over the world, a bunch of cash and we really don't want americans sucking up all of our stocks. stuart: how about australia? >> and they've got like the equivalent of 80 yards upon the

london exchanges not in america. there's something on the bulletin board that advise people to stay away from, $1,000 a share, illiquid, if anyone ewy, 22% samsung and some hyundai and. stuart: ewy. an etf. charles: trades liquid all day long. 22% in holdings of samsung. stuart: another peels iece of n here, samsung putting money in. charles: silicon valley startups, focused on cyber security and mobile stuff so they're investing in our companies, but-- >> we're not allowed to invest in theirs. stuart: and that's straight forward protectionism. charles: see, they have hgot a

new president and says they're coming down hard on the conglomerates. stuart: i can't invest in samsung even if i want to. thank you. ipad, smart phones, video games, you've got it, here is the question, does technology make you fat? we have an anti-obesity advocate, meme roth. she's part of the food police, by the way. will she also be the technology police? we're going to ask her. does tech make you fat? and if so, what are you going to do about it. 10:45 this morning. where is the pain in washington? despite the sequester, the white house still has dozens, actually, over a hundred staffers and assistants who make six-figure salaries. a review of the salaries shows 139 white house staffers many deputy and special assistants, they make over $100,000 a year. company, i say this is why the president's approval rating is dropping and it's because they're not getting cut. they're paying nothing, no

sacrifice at all for t. but the white house tours are canceled. charles: from day one it's all about sacrifice. we've seen amazing trips around the world and balls, and a birthday for michelle obama next year with beyonce and adele. and real opportunities kind of vanish and it does not play well. it's interesting that the stock market would be up 10% and the president's approval rating down 11% so far this year. stuart: it was the merit poll, the merit-- >> the merit and gallup. stuart: approval rating down, personal popularity rating way down, last word? >> i have a suggestion that the people would volunteer to do most of these jobs. walk the white house dog. open the doors, for six, six digit salaries, i mean, this is hypocritical and goes back to the president's own words, you can't change washington from the

inside. stuart: so good. charles: his budget is up for these kind of things, up 15% over president bush, a lot in this environment. stuart: and facebook's chief operating officer, sheryl sandberg says a lot of women do not lean in to their careers because when they stand out they are criticized, but when men do the same, they're considered go-getters, leaders. joining us now is demi madden herself a female executive. do you agree he with that? do you agree with sheryl sandberg that women should be leaning into their careers, even if they're criticized for doing it? >> absolutely. for me lean in is more than a book, it's a movement. sheryl sandberg is telling women it's okay to really know what you want. what does having it all for you and having the courage to advocate for that. we're not only talking about executives here, we're talking about if you want to be a movie star, a stay at home mom. find the thing that means having it all to you, and lean in,

embrace it. stuart: she's saying more, she's saying take responsibility, take more responsibilities in different areas, move out, spread your power, acquire power. she's saying do that, even if you're criticized for doing it, but i think the point you want to -- you're smiling, you know what's coming. >> yes. stuart: you say that women are their own worst enemies because women join in the criticism of females. >> absolutely, gender bias exists, it's very real and men are not to blame, women are just as guilty as men. what's worse, it's largely unconscious, we don't know we're doing it. and reading my favorite study from harvard. a class was given a story, half read about heidi, half read about howard. howard was viewed as a collegial guy, everybody wants to work with howard. heidi was viewed as selfish, bossy, aggressive. and same story men and women came to the same conclusion and this is happening in our lives and we don't recognize it's happening.

stuart: you're saying ignore it. the criticism is coming a lot of times from women, ignore it and keep pushing for power and leadership roles, air saying that. >> it's not just about ignoring it, advocating for yourself and women just on a regular day, we will take less risks than men. it's worse because when we're in stressful situations we decrease the amount of risks we take whereas men increase the amount of risks they take, when they're in risky situations and we have the data to prove it all over the work force. >> a lot of people saying it's kind of late after a woman is an adult. and this kind of stuff happens again much earlier, i mean, how far do you go to change this around, do girls have to play with g.i. joe's? and how do you change that mindset from early on? >> i have two children in grade school, and you know, one of the best things i love about the public school system that my children are in, they really do a very good job at gender equality and they think it's about, this is not just the problem for women to solve. it's not just a problem for adults to solve. this is global, this is young, this is old.

i read a harvard business review article yesterday that's so powerful, it said, this is a problem, an opportunity for everybody. we needed white people to fight for civil rights. we needed straight people to fight for gay rights and now we need men to fight for women's rights. and that to me says it all. stuart: you've got answered his question. you've got. look, young girls, women, are portrayed as caring and loving and what's the other world. charles: nuturing. stuart: thank you, men are aconsidered aggressive and get up and go types. >> and little girls are often told to lay back, if they cross on the playground or school. stuart: am i breaking the rules by saying, that's the way the two sexes are, women and loving, caring and nurturing and men are more aggressive go-getters, am i allowed to say that? >> of course. stuart: do you think it's true? >> there are things that women think more with their left brain

and men think more with their right brain and the psychology behind it so of course there are differences in the sexes that start from birth that you can't change. stuart: am i right? women are more caring and moving and nurturing, are they? i think they are. >> i think some women are. i don't think that it has to be something that we take and say, oh, well, this is the way it is so he therefore we can do nothing about it. >> and one of the arguments i've heard sheryl sandberg we should have x number of women in congress and sheryl sandberg was criticized, as much as she's-- if we mandated let's have women get there because they deserve it. >> no, absolutely. this isn't a numbers game, this isn't anything, but women having the courage to advocate for themselves in their personal lives and professional lives. stuart: all right, everybody, and would you say that was fair and balanced? >> absolutely, it was fun. stuart: indeed.

back to nicole, blackberry and we've got lenovo a chinese organization computer makers. nicole: we've seen blackberry jumping this year, this week, of course, there are two stories running surrounding blackberry. the first is the one you just talked about and that's china's lenovo alluding and doing an interview with a french newspaper and saying that they may consider an acquisition of canada's blackberry in the future. when you talk about takeover possibilities. that's why we've seen blackberry up 20% this year and still up this week. even with this it's up over 10%. the second story, finally the blackberry 10 is out and today is the first day that you can pre-order the blackberry z-10, the long awaited obviously, smart phone touch screen. stuart: thanks, nicole. i want to show you the big board again, another intraday all time high for the dow, we're up 28 points, 14,475, who would have

thought? a week ago we were closing in on 14,000 and now we're close to 14-5, not bad. the ryan budget will once again be demagogued to death and it starts with the updated granny off a cliff ad. my take on that is next. dad, i'd put that down.

ah. 4g, huh? verizon 4g lte. 700 megahertz spectrum, end-to-end, pure lte build. the most consistent speeds indoors or out. and, obviously, astonishing throughput. obviously... you know how fast our home wifi is? yeah. this is basically just asast. oh. and verizon's got more fast lte coverage than all other networks combined. it's better. yes. oh, why didn't you just say that? huh-- what is he doing? >> now we've got another one of those cases where bad news is actually good news. case in point, yum! brands.

it owns taco bell, k.f.c. sales down 20% in china, but expected a worse number so we have yum! brands up 2 1/2%. jeffries cut apple's price target on the delayed launch for the iphone 5 s. shares are down. and linkedin reportedly beat out microsoft and yahoo! to buy the popular news reading app, pulse. from 50 to 100 million dollars. linkedin is down. and big board starting a straight-- i should say a 6th straight day of record gains. we hit a new record intraday. and we're closing in on 14-5, how about na. that. you know how to mix business... with business. and you...rent from national. because only national lets you choose any car in the aisle.

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>> moments ago, senator mitch mcconnell on the floor of the senate called out the president of the united states of america. mitch mcconnell wants the president to submit his budget now. as you may know, the president has delayed that budget. mitch mcconnell says get it over here, get it over here now so both sides can take a good look at it. quit the delay. it just happened. let's go to charles because he's got making money with westport innovations. charles: before i dd that, mlmx had thursday mornings up. and thursday morning 19% in three days, i've got to take it.

stuart: and what do they do. charles: an israeli company. stuart: recommended it. charles: thursday morning. stuart: up 19%. charles: thursday morning. stuart: basically beating your chest and saying look it. sandra: anybody who bought it, take your profit. charles: and i don't what the news. stuart: west port thing. charles: it's liquid natural gas play again. again, another extraordinarily volatile stock and a joint venture with cummings engine and people think that maybe cummings will buy them out. phenomenal stuff. again, it's volatile because they're not profitable yet. look alt the chart all over the place and close above 32, i think this is off to the races and the trade will be 35, longer term i think it has room to 40 and ultimately cummings engine may take over the entire company. even if they don't, great relationships and partnerships at the truckers and car companies and volvo is going to put out a car that puts out liquid natural gas. stuart: and the engines. >> the engines for them.

stuart: thank you, got it. thank you very much. do you remember the granny off a cliff ad, the disgraceful example of low politics, that's my opinion. well, there's a new updated version and here is my take. not completely new, but updated to coincide with the release of paul ryan's budget plan. and granny is tipped over the cliff by a paul ryan look alike. same gruesome ad by the same people. and ends the same, the republican end medicare and therefore kill seniors in wheelchairs, the on time i've ever lost my temper on the program is when i interviewed the leftist who made that video. and i asked her a question and she answered with prescripted talking points and would not stop talking, when i interrupted he she insisted i was not letting her answer and the leftists adopted the same technique during the election, regretically the ad and technique were successful. two points, the video contains a

lie, paul ryan's plan does not kill medicare, it saves it. by demagoguing the issue, the left is stopping the debate. when you fire off the big lie you end the free range of ideas and that's disgraceful. medicare is going broke and we desperately need a solution therefore you will not be seeing the video or the democrat who made it on this program again, period. [ shapiro ] at legalzoom, you can take care of virtually all your imptant legal matters in just minutes.

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>> well, check that market because we are up again. look at this, 14,474 on the dow, 25 points away from 14-5. who would have thought? question, are lawyers-- this is not hopeful or wishful thinking, are lawyers a dying breed? one of the top law schools in the country, northwestern university will reduce the size of the incoming class by about 10% and they cite declining applications and a shakeout in the market for legal jobs and arthur aidala is with us, a criminal defense attorney of some standing and he is. charles: of some standing. >> depends who you ask. ask my mom. . [laughter] >> okay, why is this? why are they reducing their intake 10%? what's going on? >> they're saying also a lack of applications, but it's also, these law schools, this is a top ten, 15 law school.

they used to be able to place 100% of their graduates in top law firms, yes, paying 150,000 and 200,000 for law school education and first year, 175,000, 200,000 as a rookie working 24/7, but knew they were going to get it back. now, there's a portion that they can't, they can't find any jobs and that goes from the top law schools all the way to the bottom. stuart: so, not enough jobs and not enough high paying jobs to justify the 100,000 $200,000 you've spent on law school. it's a function of the economy, is that what you're saying? >> absolutely. look, the big law firms that drive the legal industry are driven by corporate america, right? it's pepsico, it's coca-cola. when they scale back just a little bit, that senior partner who was going to retire at 56, 58 and take senior status within the law firm and you need

someone to fill it up. now they're going to 61, 63, 64. so, the bottom -- the need isn't there anymore and basically, the younger people aren't advancing as fast as they used to, there's not the huge mergers and acquisitions and send them to switzerland and it's slowed dramatically. stuart: you're saying we've had the dips for lawyers before, but they always bounce back again? >> i was telling earlier in 199 when i was graduating college and starting law schools, elitist friends like guys from england would ask me what do you want to do when you graduate law school. i want to be a prosecutor, 19,000 dollars, even in 1992 was not a lot of money and three years before, i want to go to-- but in '92, the economy was awful, it was dreadful. i went to the district attorney's office, thrilled

making $29,000 a year and other people sitting whom watching soap operas, eventually as we know we recovered and we've gone in that direction, but law school now has become like a post-graduate degree, you're a political science major business major, now there's too many. stuart: i don't think you're going to bounce back as easily or as quickly as you did before because you go to law school, one of the top ten, top 15 schools. commit 100,000, 200,000 to your education. >> definitely over 100,000 grand. stuart: you've got a lot of debt on your hand and if there are not the jobs out there to pay back that huge debt you don't go into law school in the first place. >> go someplace else. stuart: i don't think you're going to get a bounceback. >> i agree and what the economy has shown and the job market has shown over the last ten years you don't have to be a lawyer to make money anymore, there are so many opportunities in business, in the computer world, in

technological world, that it wasn't like-- law school was like an automatic way to make money. it's far from automatic. >> and so many of our chief executives now have law backgrounds, so i'm wondering where this all encompassing legal job-- >> i know you're not going to like to hear this and stuart is definitely not going to like to hear this, but there is training that you get and that's basically four year experience that teaches you how to be analytical, that teaches things you just don't learn in college. the greatest respect on the show and you've got your name in lights. stuart: i'm in full agreement with you. a legal education is a terrific education. it teaches you to be analytical and objective and to make your arguments short, sharp and to the point. defend a position. i think it's a terrific education, probably better than economics for heaven's sake. >> so what were you expecting? >> where does the train fall off the practice.

do we actually practice the law? >> it's the way the american legal system has been, forgive me the use of the word, screwed, because i don't regard lawyers as basically on my side. i don't think they are, i think they're trying to get me, get my money and to put me in a box. >> well, that's sad. i mean, i'm being very forthright. that's very sad. i don't practice law that way. i think all of my clients think that i bleed for them. stuart: you're a defense lawyer. >> i don't dispute that, i help people that have-- >> it's a trial bar that take drug companies and patients to the court and raise our medical expenses and that drives me nuts. >> frivolous lawsuits need to be penalized. >> you don't agree with that. >> i don't necessarily disagree. stuart: aidala, a turn around. a pleasure. and michael bloomberg's dream of a nanny state takes a hit. a judge strikes down the soda

ban. and he says he'll appeal. was it a stay of execution for the sugary drinks? all rise, judge napolitano is next. ♪ spoonful of sugar helps the medicine go down ♪

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>> this is happening right now. paul ryan introducing his budget plan formally. here is what he's going to stay and what he is saying. his plan amounts to the following: build the keystone pipeline. abolish repeal obamacare, and it would cut 4.6 trillion out of the spending plan, that's what he's said. no reaction on the market whatsoever, the dow sup 16 points, but we do have yet another unintended consequence of obamacare, a franchise owner of the burger chain five guys says he's going to raise burger prices to cover obamacare, at least $60,000 a year new cost toss him and's got to pass it off to consumers to make any profit at all. by now, you've heard all about a judge shooting down new york mayor michael bloomberg's plan

to ban large sugary drinks hours before it was supposed to start. and now mayor bloomberg says he's going to appeal. is there any way the ban actually lives? all rise, judge napolitano is here. what's the answer to the question? >> i don't know what the answer to the question sit's such a hot button issue here in new york, because we are filled with nanny staters in the government and amongst the populace. there are people who actually want the government to take care of them. the job of the judge is not to decide whether this is wise, but whether it is lawful and the essence of his ruling was pretty basic stuff. the marin forcyor enforces the he doesn't write the law. the mayor can't write of law on his own through the guise of a health board. he can propose is to the city council and let there be a great debate and-- >> is that why the judge

rejected the mayor. >> yes. stuart: i thought he said was arbitrary and capricious, only certain sizes. >> and the phrase arbitrary and capricious when the court is reviewing the administrative agency. here the administrative agency is the board of health. so the board of health has broad discretion with matters of health. if they're arbitrary and capricious, the phrase in the statute that authorizes the reviews of the decisions. stuart: so the mayor can go back to city council and have them write the law similar to what he's written himself, resubmit it and do you think it passeses? >> then a different challenge. then the challenge will be this is an area of human behavior, not regulatable by any government. that was not challenged this time around or this is a material interference with interstate commerce. new york city is the hub of commercial activity for 100 people who live in new york city or in the 50 mail radius around

it and only congress can regulate interstate commerce not city council. a different set of challenges. stuart: make your judgment on the challenges. do they succeed? >> well, in my view, obviously, i think they should succeed, but i would argue that it's an area of human behavior not regulatable by any government how much soda pop you want to take. the reason he said it was arbitrary and capricious, is soda pop is bad for you, why isn't it a regulated product. and why can you buy two 16 ounces rather than 32 ounce container. stuart: do you think this is is an argument on the nanny state. >> i think it's technically accurate ruling on the manner in which the regulation came about and i think it's fatal to this regulation. it doesn't mean. charles: but it did speak to abuse of power. >> it's more than a brush back

pitch to the mayor. this is a strike at his legacy in the waning days of his mayor, and i don't think he'll be mayor when or if this is resolved. stuart: i'm going to look the at piers morgan and-- he says, i think people need the nanny state occasionally, particularly on issues like smoking, drinking, guzzling sodas too big for them. eating 16 big mac's a day, whatever it may be. the reality is we all need a little bit of nannying about us. sandra: he needs a nanny about him. [laughter] >> i suggest he goes back where he came from, but that's rather harsh. >> only you can say that. stuart: that's right. >> i can't imagine that great britain would have regulations of this magnitude. am i wrong? can you buy a 32 ounce bottle of soda pop in a shop in london? >> i think you can.

i don't know. charles: what all of these guys are saying if you put a big gulp in front of us, a big mac or a gun as human beings we can't resist shooting the gun, eating the big mac or slurping the-- >> not just that we're dumb. >> we need intellectuals to tell us how to live our lives because after all, we're too stupid. stuart: the government pays the role of parent too often. >> government is without the lawful and moral authority to use its judgment in place of our own for personal choices and what to consume and how much to consume is quintessentially a personal choice. do you agree. stuart: i agree with you. >> all right, glad to see that. stuart: thank you, judge. [laughter] it seems there's a new gadget out every week. taplet, smart phones, you read it you name it. here they come. here is the question, is technology making you fat? . [laughter] it's not a slow news day.

that is the question. meme roth, she of the food police, is next. [ kitt ] you know what's impressive?

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hacker has published jay-z's and beyonce's financials on-line and screen shots were leaked. the fbi is investigating. in less than had an hour 115 cardinals will file into the sistene chapel to vote for a pope. and waiting for the white smoke or the black smoke signaling that the catholics have a new leader or not. get married, have a couple of kids, [ children laughing ] move to the country, and live a long, happy life together where they almost never fight about money. [ dog barks ] because right after they get married, they'll find some retirement people who are paid on salary, not commission. they'll get straightforward guidance and be able to focus on other things, like each other,

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>> the top guy at verifone is stepping down after ten years. here on "varney & company" we always check the stock after a chief announces he's leaving. so, nicole, verifone, where is the stock? >> the stock is jumping big time. you can see us up about 8% big news here and then the credit card swipe machine maker, say that two times fast. this is what they he do. the chief executive is stepping down and the ceo, and chairman stepping into the role and obviously, after more than ten years there. he's out. stuart: another example, chief out, stocks up. you see that a lot these days, that's interesting, nicole, thank you. nicole: begging for change. stuart: begging for change. charles, we're going to make money with him and the company they're looking at mosaic.

charles: four square and the whole thing, and got the a-- >> verifone. charles: he totally underestimated competition and any vendor can get the four square things and put it on the cell phone and swipe a credit card. stuart: four square is the competition. didn't see it coming. stuart: and what does mosaic do. charles: well potash and phosphates. a stock has been a disaster. recently the last two, three years, a disaster. and i think we're at a point, the stocks if you will have gone down four years in a row and this is the year i think turn around. what i like, the capacity increased. capacity for phosphates, increased a lot more and same thing for potash, number one market is america of course, but brazil is going to drive them and india, the number three market is turning pretty good. for the a short-term play breaks out at 64, i think it's a $80 stock if you hold it for the the

next 12 months. stuart: $80 in 12 months. and shorten it, a fertilizer stock. that's what it is. why are you nodding? >> because i follow the agricultural stock closely because of the grain markets and corn is around $7 right now. and historically significant for the agriculture companies. when they're that high farmers buy fertilizer. stuart: and joining us now, wait for it. meme roth i'm saying she's in the food police and she'll object to that. >> i object to that. earlier, nanny-- >> drum roll already. >> two different kind of nannies, kind like me that you don't really like, but i don't have a profit motive. i want people to be healthy and those who have the tremendous profit to eat more and the wrong kinds of food. stuart: can we get to the subject at hand. >> sure, it's your show. stuart: can i take control of

the interview please? and we know for a fact all of the new gadgets, blackberries, smart phones and maybe an idea we can control the smart phone with our eyeballs. >> yeah. stuart: do you think in any way that technology, all of the new gadgetry is part of the obesity story? >> kind of like how the drive-through is. forever there's been technological advances and that will continue and what drives them is convenience. and since forever humanity has tried to survive scarcity. only in recent history has that changed. so it's a survival instinct to pretty much conserve energy or be lazy. so what you have is the nexis of convenience and-- that does it, it's not the technology's fault. stuart: 7, 8, 9-year-old youngsters, on the ipad, watching stuff and playing stuff communicating, et cetera, they're not out running around and playing. >> that's parenting not technology's fault.

you know that. stuart: since when have you want today give real authority to parents. >> since always, stop shirking their responsibilities. obesity has become the biggest entitlement program we have in the nation and parents make their children fat. stuart: you have always been on the side of the bureaucrat who wants to organize what people eat. >> shouldn't be that way. no, i've always blamed parents ultimately always. i get hate mail all the time because i blame parents, i absolutely think the child's advocate is their parent. the end. a and. stuart: you say if the parents don't do the right thing the bureaucrats and the school system will have to do it. >> in the nation there is he' laws against abuse of children in any kind and feeding a child in a way where they become fat and sickly is a form of abuse and yes, they're causing harm to

their child and someone must intervene, absolutely. stuart: i've got 15 seconds left. would you take an obese child away from its parents. no, no, i know where you're going, no, that's absolute-- >> what would you do. >> do what you do always, check with them regularly and that they're showing progress. stuart: who checks with them. >> going to have to be some sort of child services which goes back to obesity being the new entitlement program and that's why we have to push back. stuart: and where you're coming from, meme and now i do, your will on others. stuart: we're out of time. >> and we have to pay for this stuff-- >> we're out of time. michael vick living to 150 and betting on the new pope, all of it next. [ female announcer ] from meeting customer needs... to meeting patient needs... ♪ wireless is limitless. [ female announcer ] from finding the best way...

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>> lightning round. michael vick canceling book signings for credible threats, charles. charles: way too early for him to take a redemption tour, although you've got to take the threats seriously. stuart: next topic, a red wine pill that could let you live too 150. are you buying that. sandra: doesn't it sound ironic, if they're taking from the red wine and putting it in a pill to live longer, shouldn't we have

fun at drink the wine? >> no, because you can get a hundred times the risperdal. sandra: and help with diseases every time you take a pill, i don't buy it. stuart: and the new pope, archbishop scola, and peter turkson now at 6-1, anybody want to make any comment. charles: brazil won the world cup and the olympics and would not be surprised if they won this. it's a hottplace. listen, you go with the guy would momentum in the part of whole thing. stuart: to my episcopalian-- do you think it's wrong to bet on the papacy. sandra: i don't think it should be banned, but more and more as this continues to drag out. stuart: you may be in the highlight reel for that. the highlight reel is next. friday night, buddy.

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