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sequester? exempt. obamacare implementation, we can't touch that even though senator reid says we might not find a cure for cancer. nothing on from the president on the pain his administration is imposing on us and congress packs its bags, they're on vacation next week. stocks, gold, they can care less, they're going up again today. and "varney & company" is about to begin. told him two things -- cook what you love, and save your money. joe doesn't know it yet, but he'll work his way up from busser to waiter to chef bere opening a restaurant specializing in fish and game from the greatorthwest. he'll start investing early, he'll find se good people to help guide him, and he'll set money aside from his first day of work his last, which isn't rocket science. it's just common sense. from td ameritrade.

>> your government making the cuts as visible as can be this thursday morning. first this, legal proceedings against the surviving boston bomb suspect may be delayed. the appointed defendants of dzhokhar tsarnaev if furloughs. and it will cost you, the taxpayer millions of dollars. and here is another example, highly visible of the cuts albeit somewhat less serious, the navy council's fleet week. normally 10 million on this and

according to officials it brings in about 10 millions, it's gone, cut. to the airport delays, as you and i are more angry democrats in congress are in revolt and some want flexibility in cross the board cuts. they felt the public's heat and senator harry reid may have changed the position and he wants to get rid of all the cuts by taking unspent military money rather than forcing yet more tax increases, that's a shift. despite the hand wringing congress goes on recess next week, weren't they on break just last month? senator tom coburn not happy about this and joins us at the top of the hour not happy with the f.a.a. or welfare for the suspected terror bombers and then there's harry reid saying the sequester is going to cost us a cure for cancer. this will be a good one. here is something you know, our national debt continues to grow he 16.8 trillion now and here is something we all suspected, but now we know for sure, we're

worried stiff by this debt. a new poll shows 83%, the vast majority say it's a major concern. debt is not on your back burner, it's right at the front. and we saw this one coming from a mile away. the new owner of hostess says twinkies will be made without union labor. we've got that for you and the opening bell right after this. >> they're blowing up the bridge. >> oh, yeah? climb aboard. ♪ here is your reward. >> twinkie. ♪

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>> here is how it looks this thursday morning. dow up maybe 30 points at the open. gold up over $20 an ounce. let's bring in larry levin. i'm going to sound like a broken record, but this market wants to go up. >> it it sounds like a broken record and everybody is saying it. one thing keeping that a lot of people afraid of missing out and every day they come out on a day or week like last week. the markets were covered easily and quickly and everybody sees that and feels they're missing out and step in the markets and keep moving them higher like

they are today. stuart: and if one fed person, old ben, wait a minute, i might put the brakes on, it's over. >> i think it's over temporarily. we had a little fed talk like that a few weeks ago and dropped the market, but didn't last because they're not doing anything, they're talking about doing things and it's not enough. stuart: and there is the roar in the background and they're off. hear that, a big roar indeed and let's see where we open. on the upside. the opening trend is higher, 14680. closing in again on 14-7. we're up first thing this morning. nicole, now, you've got what we might call the stock of the day. zynga. it's not a big stock, but it's down big time, i take it. nicole: that's right, watch zynga, down almost 10% this morning, and this is because they talk about a weak outlook, a couple of things to note and of course, you talk about farmville, words with friends

and those are some of the games and they're pleading for more time for the turn around effort. and a slide for the number of people playing the game and that's not good. 13% fewer people playing the game. stuart: i'm going to call that a day trader stock and low price get in and out with a few thousand bucks and they're down today. stay there, nicole, i'm going to start with amazon kind of in the news for two reasons, number one, it supports that internet sales tax? that's interesting. and number two, the company reports its earnings after the close today. look at it go, 271 on amazon. reuters is reporting that verizon may offer, i can't believe this number, 100 billion dollars in cash and stock to take full control of verizon wireless from its partner, vodafone. both of those stocks are on the upside. not by much, but both of them higher. nicole, you've got exxon stock. i know they made a lot of money

and i know they paid a ton in taxes and what's the stock. >> they always make a lot of money and they always pay a ton in taxes and that's an understatement. so, their quarterly profit edged higher so that's good news there. and you see the stock down 1 1/2%. and one thing that helped them along was their chemicals business and oil and natural gas production declined. 3 1/2% down and maybe that's one of the reasons why. >> we've got dow 7 on the moment, and that may be because 3m came in disappointing today and that's affecting the dow and now it turned slightly higher. you've got ups for me, what's the story? . nicole: let's talk about ups. first quarter profits on the move to the upside and we see the stocks up and posted strong results and one of the reasons was the post holiday season helped ups along and i'm curious

to see which is the better performer year to date. ups or fedex. i almost said i should have known it, it's up 13 1/2% year to date and fedex just 3%. thank you very much indeed. that's the markets. gold up 20 bucks and let's move that, and the dead is bt. 83% of us consider the debt a crisis or a major prom. let's bring in david on the subject. i was told that debt didn't count, voters don't care about the debt. ignore it, forget about it, it's not a big deal and then i see 83% think we're in crisis mode or very concerned. what's with this? >> you were told by the 17%, stuart. we know if you keep borrowing and borrowing and borrowing and

borrowing and borrowing and you expand debt faster than income, you get into trouble. that's americans know it, it's the idiots in washington that haven't figured it out. stuart: we like it when you spell it out like that, david. i've got to move on to what a lot of people are calling the spring economic swoon. that would be a poof performance by the economy, this spring just like we've had a poor performance the beginning of the last three years. are you on board with that, is it a poor performance? >> i'm on board with some weakness. we see it evolving. i know people who are canceling meetings because they can't fly on planes, they're doing them electronically. what we see is the impact of sequester only in the very beginning. we're going to see more of it again. washington idiots forced it on us, president obama, senator reid and speaker boehner and their political parties own the

mess and the mess creates economic weakness. stuart: what's the best we can hope for this calendar year 2013, 2, 2 1/2%? >> well, i would say yes he, 2, 2 1/2%, but if americans get angry enough, they'll pick up the phone, call the senator, the congressman and the white house and do it over and over again, i hate all incumbents, all political parties, i'm going to throw you out. and they'll get that message if enough do it. stuart: but investors are not listening, i see he ththis mark nearly 14-7 on the market now and you want to explain this. >> we have printing of money, zero interest rates worldwide and central banks in some countries buying stocks. we have an upward bias in all asset classes, real estate, stocks, gold, precious metals, collectibles, art. you name it and as long as the cost of money is sear he owe,

that's going to continue and economic weakness translates to the markets and the markets say, oh, we've got economic weakness, this is going on longer. i can pile in for some more. you've got it. david, thank you for joining us, come back again soon. >> thanks, stuart. >> the dow opened higher and we thought a 30 point gain and didn't happen. we're up 6 at the moment and shy of 14-7. gold though, that's up about 20 bucks an ounce and not a full recovery, but a significant recovery from where it was, say, ten days, two weeks ago, we're well above 1400 an ounce. the company that brought hostess out of bankruptcy is getting ready to start making twinkies again and it will do so without union labor. and hostess says it plans on opening four factories in high unemployment areas and they're going to hire 1500 workers, but again, it will not be unionized

labor. but, regardless of who's baking twinkies, you can bet cheech and chong are happy that ho-hoe's and munchy food will be back. and cheech and chong will be here, they will be on the set nine points from now. can we expect more of this? >> i got the stuff with me, so make sure you bring the cash, man. >> hey a moment-- >> 160 bucks, all right. >> use the phone i've got to make a call. >> how are you doing. >> i've got to use the phone. >> just a minute, man, i'm making a deal. you don't want to miss that now, do you? they'll be here in a couple of minutes, but i do have, meanwhile, 7 early movers for you. and start with honda, it expects strong demand to boost u.s. sales this month and the down side moving the yen has helped them. and honda is at 40 this morning. lower profits and colgate po

palmolive. a nice gain. better than expected profits at dow chemical helped by lower expenses and that stock is up a buck at 33. higher profit. solid sales growth and harley davidson, 54 bucks, up a dollar. you've heard charles talk about this one. better than expected profit at cliff's natural resources, he liked the stock and i'm sure he likes it today. it's up 9%, he saw it coming. better than expected profits at southwest. helped by lower fuel prices and solid bookings, not much change for the stock, it's up 4 cents. cocoa prices fell to a 11-month low in march and that's good news for hershey's, up a dollar, $90 a share and check the big board, we struggle to a 13 point gain, but it's a gain nonetheless. time is money and i've got 30 seconds worth today of what else we're watching for us. grover norquist, washington's top anti-tax crusader and how

what will he say about the tax amazon, and megyn kelly, who sent in a judge to halt thing questioning of the terror suspect. our own judge breaks that down for us, and an opening for the george w. bush library and why it took so little time to build, only two years, incredible. keep on with the markets and check the price of oil, look at that, $91 a barrel and that means that that down side move in gas prices has probably come it an end. next, here they come, cheech and chong with a victory lap. they've been trying to get pot legal for 40 years, hey, they won. stay right there, you never know what's going to happen with these two. >> you know, do you think i'll be -- would i be better that-- >> no, no, don't speculate chong. >> i can hear in your voice that you smoke. [laughter] >> i do not. >> i can hear it, i can hear it.

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hear today what a little lyric can do for you. get the hearing aid that can. lyric from phonak. lyric can. >> we're up, but not by much. 9 points higher now. 14-6 on the dow. now this, wait for it, the legendary cheech maran and tommy chong are with me now. they're outspoken marijuana activists and have a new animated movie out in celebration of 420 and there you can see the animated movie and here they are. you should be calling for a victory lap and you've been calling for legalized marijuana for 40 years and now you've got it. >> a long time ago tommy said, what if we're right. 20 years ago, and we're right. stuart: i've got technical questions, first of all, is h h

hashish now legal, cannibus across the board and can you distinguish from one brand to another the effect on you. >> cheech can. he did a little too much hash. i thought it was caramel with hash oil. >> and that's he the thought-- >> you're serious? there's a difference from one kind to another. >> like wine, a merlot, cabernet. >> very little, if you're going to do it very little. do the rat test. when rats find something they don't know what it is they take a little bite and go off in the corner and see if it kills them. if it doesn't kill them they'll take a bigger bite and that's what you do with weeds. >> we can't wait for the cheech and chong menthol light 100's. stuart: are you going to do it. >> absolutely. stuart: is there going to be a cheech and chong brand. >> and we're working on you can

get your own strains and working on a tommy chong strain and working on a cheech strain. stuart: okay. $100 per ounce tax likely to be imposed. >> great. great? >> yeah. stuart: what do you mean. >> taxes, america needs money. stuart: you're happy with this. >> absolutely. stuart: wait a second, the other side of the coin-- >> remember, you're growing money. stuart: okay. >> you can grow three crops a year. stuart: okay, now, look, you guys both have been at it for 40 years and smoking weed for 40 years and some would ayou're addicted. what do you say. >> well, you can't get addicted and i tried and-- >> now, that's a joke, you're joking, a lot of people in the audience say, wait a minute, wait a minute, these guys have been at it for 40 years and now we've legalized another addition. >> i was put in prison in '03 and before i went to prison, i had to quit smoking dope for about a year.

so altogether, i quit smoking for three years with no effects whatsoever. stuart: don't you feel more clearheaded. >> actually i felt better. stuart: exactly. >> but when i got off probation i started smoking again and actually i felt better. >> more better. >> yeah. stuart: when you had to quit, did you really miss it? >> no. stuart: you weren't craving it. >> no. stuart: go down the street corner-- >> i'm going to jail, i've got bigger things to worry about. stuart: when is the movie released? >> it's released now, today. yesterday. stuart: is it in movie cinemas or on-line or-- >> we release it one day in the theaters, and now it's available on amazon and-- >> on dvd. stuart: did you make a million dollars each from this movie? >> we better. stuart: no, no, come on, a financial question. >> i know it would be great, do you think you will. >> at least. stuart: you're planning on at least a million a piece.

>> it's already paid for now and we made sales so there's no debt whatsoever, whatever comes in we get a piece on. >> we pay taxes on it just like good americans. i've been paying taxes, both of us. >> and you're canadian, too. stuart: canadian? nobody told me that waltzes on to this program. >> you've got a green card? >> now he's a citizen. >> i'm a citizen. stuart: are you really? >> not only that i'm a dual and i got stopped at the border and they couldn't stop me he from going to canada and couldn't stop me from going back to the states. stuart: did they know who you were? >> oh, yeah, that's why i got stopped. stuart: i'm out of time. gentlemen, thank you very much indeed. good luck with the movie. >> come on, hang on, stu. >> we've got a present for you. stuart: do you really? >> it's in the car. [laughter] >> they good, it's a puppy. stuart: my producer says i'm blushing, just makeup, boys. thank you very much indeed.

let's digress, shall we and get away from this and go to the morning gold report. no, cheech not the gold, we're up $22 an ounce on bullion, and 1445 is your price. i am about to say something that will price surprise you a topic that president obama and i agree on, yes, you heard me right, we agree on something, tell you in a moment. elizabeth mac and charles payne are here and they're going to meet cheech and chong. watch out, boys. this is america.

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>> i don't like tattoos, don't want my kids to have tattoos, donald trump doesn't like his five or six kids to have tattoos. we're with you. and that's the point, that's how i feel about tattoos, and apparently the president agrees with me and says to his daughters and i quote, if you guys ever decide you're going to get a tattoo then mommy and me will get the exact same tattoo on the same place and we'll go on youtube and show it off. interesting, that the president and i are like that.

charles: on so many issues. and i think the tattoo and getting one is interesting. if my daughter got a tattoo and my sons says he won't get one. if he doesn't i won't get one. i would hope not. stuart: you're dead set against them just like i am? >> yeah. stuart: would you keep your children out of the will? >> no, talking about the tramp stamp i'll keeping them out of the will. stuart: and elizabeth macdonald is here and she's going to make fun of me. >> if you got a tattoo it'd probably be of your tractor and wondering if your kids are going to get that tattoo. charles: that's a good one. get the tractor on one side and the flip-flops on the other. >> exactly, with the lovely white sox you wore, that was a cool look. stuart: are you gone or just digging a hole that's about 3000 feet deep or what? a john deere tattoo wouldn't be that bad. right up there. >> really hot.

stuart: that's a stock recommendation. all right, here is what we've got, by the way, you're going to make fun of me for this, microsoft is way up this morning. i just saw it go by on the tape, 70 cents and-- >> you can retire now. stuart: not quite. new at ten. take the camera off liz. >> please, please. stuart: new at 10, three major issues for top senate, flight delays, any relief and plans to spread the cuts elsewhere and second the boston terror suspects received welfare payments until last year, outrageous and the taxpayers funded it it, terror. and senator tom coburn is here

stuart: thursday, april 25, and look at this. enough of airport delays. spreading the cuts around, that is what they want to do. the senator says get on with it. he will be here. who sent in a judge to hold the questioning of the terror suspect? fox news meghan kelly break that story and our own judge breaks it down. the outrage, all makers scramble behind the scenes avoiding

having to sign up for health care under the law theyss. and look at this, from soup to nuts, two years for private enterprise to build the bush library in texas. the new york freedom tower still not done. and we have a winner under obamacare. she runs addiction centers. check the big board, limited gains for the stock market so far this morning, the dow is up 16. microsoft up nicely in my opinion. why? nicole: the big news here is something big happened, and that is bill gates, chairman of the board sold 2.5 million shares of microsoft. stuart: and insider sells two

and a half million shares, why that bring the stock up 2.5%? nicole: i don't know, and why did he call you? this may be a scheduled to sail and the like, but the new microsoft xbox coming out may 21 and that would be unveiled. key for the holidays. sony playstation will have one to compete later in the yeaas. my kids are already asking for it. stuart: that is the story, xbox. what about 3m? nicole: dow component, and 3m came out with their numbers, the total profit and revenue, some of the end market stronger u.s. dollar, all that pressure on their numbers down 3.5% shaving off 30 dow points. stuart: thank you very much.

i want to go straight to the senator republican from oklahoma. good morning, senator. i want to start with a long line at the airport, all of the cuts are very visible, very painful. democrats in revolt of this, they want to make sure the cuts are spread around. you're saying to get on with it, we don't have to suffer like this. >> to look at the 2013 budget, his total numbers from faa are less than what the faa is after sequester. this is a game where those for big government which has grown 89% over the last 10 years we resist any and all efforts to live within our means. we got an e-mail from a whistleblower yesterday that management is trying to force

all air traffic controllers to take the sequester the same day to essentially shut down air service. we have a contrived situation to make it painful on the american public, live within our means, make the commonsense changes. 47,000 employees, 15,000 or controllers, and a press agent not take less than what a controller does. that is outrageous. stuart: tell us about the public relations battle. if the president goes out and says the sky is going to fall, inflicting pain, who is the public blame them? >> i don't know. i don't put my finger up to the wind, but i know stupidity and really cronyism when i see about it. this is having little impact on people's lives when it doesn't need to. let me go back to reassert what

i said at the top. the president's 2013 budget has less money in it for the faa then the faa will have after sequester. why is it all of a sudden we are seeing these changes when they have already planned to be at a smaller amount than what the sequester level is for the faa? stuart: man move onto another subject subject. evidently the boston bombings subjects had been on welfare as well as their parents and now we learn there will be furloughs for the defendants who are defending the remaining terror suspect. what do you make of this? >> i think it is the same political gamesmanship that has been contrived. ask yourself this question, every american family over the last three to four to five years has figured out how to do more with less. every american business has

learned how to do that. the federal government can't do that? we can't learn, we can't put what is most important, second and least important? what we are showing is our incompetence or our downright disdain for the american public to think we can fool them in the fact we can't cut 4% of our budget after growing 89% over the last 10 years? stuart: and i and a lot of the viewers never thought they would see a day when budget cuts would affect a terror bombing investigation. i never thought i would see that. >> it is a cynical game and it is a whole campaign to say we can't cut the federal government. the federal government can be cut. stuart: may i move on to one more thing. senator harry reid yesterday said the sequester is costing us a cure for cancer. what do you say about this?

>> i say it is part of the same game. the last place we should cut is an ih. chemotherapeutic drugs for cancer patients. that goes to show you your resistant to make a priority. flexibility to move money around. why is that? why would you not want to help those people who need them? $250 billion worth of waste per year, double the nih budget and so have $215 billion left. stuart: senator, i believe the temperature of the country is rising and it is great to have you. >> as it should.

stuart: obamacare for you, fox business has confirmed the lawmakers on the hill are scrambling behind the scenes to get themselves and their staff exempt from those obamacare exchanges. first of all are you on that list? liz: if obama is so great, what it wants to be exempt from this? the way the legislation is written, there have to be exchanges. what people have to understand for the great benefits members of congress get, they can basically retire after one term of full pay. stuart: behind closed doors. >> four months they have been negotiating to get out of it. stuart: one more, turns out the office is responsible for implementing most of obamacare is not cutting back on hours. they are exempt from sequester

cuts. charles: several niches of government are exempt or have made the right adjustments. it is absolutely amazing. the actions are just absolutely amazing. stuart: is the voting public going to buy the president's line it is the wicked republicans or congress doing it? charles: airlines for america, this is on president obama, don't ground america.com, they want everybody to go there, join us and sent a letter to president obama, the department of transportation, secretary lahood and the faa. they don't say anything about republicans. stuart: they are pointing the finger at the president. charlesliz: the department of

transportation to organize air traffic controllers for load ahead of this on the same day. maximum political gain. it is a stunning revelation. stuart: unbelievable. obamacare will allow coverage for pre-existing conditions and for millions of people with addictions, they will get health coverage under obamacare. somebody who could profit from obamacare because she runs an addiction clinic. let's get to general electric, shall we? cutting off funding and retail stores doing financially with fire arms sales. say it was due to industry changes, new legislation and the tragic events. i think ge is trying to be an arbiter and has for the site itself, what do you think of that?

charles: deeply entrenched in the obama camp. they make a lot of money from government contracts, but we have seen a registered republican side by side with president obama on so many things you woul would think a registered republican might be. a $40 stock when it came on board, they have better things to do but when a corporation is big gets to the middle of a political issue. liz: they are employed in the area of newtown. the shooter's father worked for the company of ge capital. stuart: cliff natural resources, i'm told, shares up big. why is cliff up? nicole: a name under so much pressure to last year, moving significantly to the upside

15.5%. they came out with their quarterly numbers in the first quarter profit dropped what they saw better than what was expected of them and the ceo itself saying during the first quarter a deliberate measure to reduce the balance sheet leverage and improve our cash position, and now they have notched up the full-year sales forecast. stuart: if you would have been listening to him, he would have made some money. 15% today. charles: the other previous six i am still down. this is a stock i have like a long time, i think it was monday after mentioned the cool stuff, i went out and bought a lot of my retirement account, although a couple of firms are still against it. stuart: cliff natural resources the worst performing of all the

s&p 500 stocks, is that right, of this year, charles? charles: absolutely. but if you bought it on monday, you would be looking pretty good today. you have to pick the bottom. if you give it six shots, you will. stuart: fortunately i am on your side. congress is about to take a vacation but not before the senate pushes for new internet sales tax. amazon and wal-mart both support it. grover norquist is next. how will he fight those two big companies? he is with us. change makes people nervous. but i see a world bursting with opportunity, with ideas, with ambition. i'm thinking about china, brazil,

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stuart: we follow zynga stock closely, the stock is down today after earnings 18% loss profit. weak second-quarter outlook. we have a new report from reuters that says verizon is looking to take full control of verizon wireless from vodafone. verizon is up. airline fees going up again. charging $200 if you want to change your flight, up $50. help the airlines cover cost of somebody getting up their reserves. coming up next, grover norquist,

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you are gonna need a wingman. and my cash back keeps the party going. but my airline miles take it worldwide. [ male announcer ] it shouldn't be this hard. with creditcards.com, it's easy to search hundreds of cards and apply online. creditcards.com. stuart: charles says he'll make some more money for us with stamps.com. charles: some people think it is a niche play. stuart: looks like the postal service. charles: it opened only $1

change. earnings, the easiest website in the world, you go to their website, we print out stamps from your computer. stuart: postage stamps. charles: postage stamps and other things. operating margin 27.9% from 20%, that is mind boggling stuff. the highest total, largest number of paying customers raising their guidance, breakout $2.28. i wish i could have done it earlier, here's the thing though, the p/e ratio is only 12. extraordinarily low. stuart: who would have thought we would have a postal service stock. charles: they started a company in '96, but it has been amazing. stuart: let's get to the internet sales tax. it cleared another hurdle in the senate and will easily pass going up for a vote in the full senate.

let's bring in grover norquist. this internet sales tax, it is going to go through the senate. will it go through the house? >> i think it will be stuck in the house. only pessimists and it's because they took it out of regular order. this did not go through the judiciary committee or the finance committee. why did they want to rush it through without amendment? if people looked at it for too long it would pass easily. there are very serious questions here, that house will ask them, the house has said this is going through a regular process and republican from virginia is going to insist we take a real look at this opening up the idea for politicians from alabama contact businesses in other states. do you really believe there is a limit the amount of use and alabama tax collector can hurl on a

new york, california or maine business? the reason the supreme court made this unconstitutional, but they are trying do, changing the law to accomplish, is there is tremendous abuses that would flow from the politicians taxing businesses that can't even vote against them. that is why the politicians at the state level love this. by opening it up, the voters in their state will get mugged by 49 tax collectors and the other state and if they think they can get away with that, i think they are very wrong. stuart: why is wal-mart so much in favor of this internet sales tax? i honestly don't get it. >> you get this from the big-box guys, guys who run the shopping centers. this is all about raising money to pay unionized state, local government workers more money and more pensions.

they don't think making $20,000 more than people in the private sector is enough, having goldplated pensions is not enough read me think this is the only way they can get certain states to raise money for them. they go to the shopping center, they go to wal-mart and the local mayor says you have a nice business here, would be a shame if anything were to happen to it like a property tax increase. of course if you went to the state legislature in your congressman and take them to have the internet tax which won't affect you, to affect other people, maybe we would lighten up. they're being threatened by the local unions and local officials who think this is free money. they are not speaking for themselves. stuart: at the end of the day it will go through the senate, proposed in the house, debated in the house and the very end of the day you think you can beat it back completely so there is no internet sales tax, can you do that, grover?

>> i am not sure i can do it, but i think the people can do if they focus on the house. we do put forth a bill being discussed at prohibition have in this process extended to income taxes and corporate income taxes. what the union bosses want is not the sales tax, there is no money there. $8 billion they can raise on sales taxes. what they want is to get tax worldwide earnings out of mississippi and out of north dakota. this is to extend corporate taxes, the tax people foolish enough to play football game in california at 13%, they want to do that for travelers and businessmen and import their taxes. the losers who are losing people find a way to tax people who are leaving.

stuart: always a pleasure, thank you. >> thanks. stuart: how is this for a tax bill? in the past 13 weeks made $9 billion, they paid $22.5 billion in total taxes. that includes the sales tax you and i pay when we buy gas. we also pay income tax, tax directly to exxonmobil. by the way, the president says big oil gets too many taxes. we have said it countless times, unintended consequences of obamacare, but after the break a company that will benefit from obamacare. i didn't know this, but do you think nancy pelosi saw this one coming? >> we have to pass the bill so that you can find out what is in it away from the fog of the controversy. we went out and asked people a simple question:

how old is the oldest person you've known? we gave people a sticker and had them show us. we learned a lot of us have known someone who's lived well into their 90s. and that's a great thing. but even though we're living longer, one thing that hasn't changed: the official retirement age. ♪ the question is how do you make sure you have the money you need

to enjoy all of these years. ♪

stuart: listen to what charles just said. microsoft is way up and it is leading the market. returning to the leadership role, that is why the dow was up 55. so, nicole, how high is high?

nicole: we are seeing a new 52-week high for microsoft, so obviously a winner as charles said, a leader. i would like to see whether or not it will be a leader and take on this market. apple is falling out so we will see if microsoft is a new talk of the town since the new xbox is coming out, the unveiling is may 21. we are waiting on that. stuart: this is one you missed. charles: it may not be too late. the next level is like $4 higher. no resistance all the way up. stuart: repeat that. charles: the next resistance is $37. stuart: i knew i liked you. joining us now, someone who stands to make a nice profit, thank you, obamacare. i want to get that right, is

that correct? >> that is correct. stuart: you run an addiction center, called morningside recovery and you will do well under obamacare, is that correct? >> we will. stuart: is that because obamacare will push patients, addicts to you and be paid for? is that correct? >> that is correct. it will provide greater access and benefits to those seeking treatment. stuart: how much do you charge to treat someone for say alcohol? let's take an addiction, alcoholism. what is the charge? >> for individuals who come in who either don't have insurance or don't want to utilize the benefits under their insurance, we would be 28,100 for 30 days. $54,000 for 90 days. stuart: is that what the government under obamacare would pay to your clinic if obamacare gets through and somebody

arrives on your doorstep with an addiction under obamacare? >> now. basically our goal is to provide treatment for those who need it. so we are able in some cases to accept whatever an individual's insurance will pay for them to get into treatment. while we are a business, we're in the business of making money, at the same time truly our goal is to provide treatment to those who need it. stuart: i see your point. i have a lot of viewers saying wait a minute, this is my tax money and it is going to your organization to help people who got in trouble under their own rights. they drank too much, they smoke too much, whatever it is they did, they did it, but i have to pay for it under obamacare. a lot of people are not happy about it. how do you feel? >> i think part of that

mentality comes from people who don't understand the substance abuse and mental illness. it is an illness. while the individuals go out and drink or use drugs, if you're on the mindset it is their own teething, i understand i can feel that way. they are health problems and people who want to do something about it need to have access to get the treatment they need. in the long run, americans will end up spending less on these individuals because the problem only gets worse. if left untreated. stuart: i spent $28,000 to get me off the drink, what is your success rate? >> in terms of numbers, i don't have a number for you, but we have been very successful and it is the model of treatment we provide. stuart: surely you can tell me that for every 100 people that goes through your process, x.

number, and i want to know what that number is, x. number or off the substance or whatever it is one year from now. you have got to have that number. >> i can tell you we have a success rate of 100% for those individuals that do 100% of what is recommended from them. charles: how do you judge that, do check back a month later, a year later? when they leave the program everybody is 100% but they relapse. >> sure, that is why i said 100% success rate for those individuals who do 100% of what is recommended. stuart: a success rate up to one year you can't tell me how successful you are but have to assert my tax money going to you. >> again, this individuals paying cash will pay those rates. stuart: i will give you $10,000,

that is still my money going and you cannot tell me what your success rate is. >> i will tell you we have been extremely successful at individuals monitoring them after they leave our program so that we can keep up with drugtee attending meetings so that the investment they make in treatment can see retur a return that investment with long-term sobriety. stuart: we found a winner under obamacare. thank you for coming on, mary helen beatificato. >> thank you for having me. stuart: some serious questions for boston from judge napolitano. did we read the boston suspect bombing his miranda rights too soon? why do they judge stop the questioning? valuable intel possibly lost. all rise, the judge is next. 

stuart: new concerns of the amount of time the fbi had to question the boston bombing suspect. in a blockbuster exclusive from fox news anchor, a judge walked into the hospital room, stop the questioning after 16 hours, read him his miranda rights, he clams up. all rise, judge napolitano is

here. i'm outraged at this because the fbi had 48 hours to question him, they got genetically ever colder given him 48 hours. i don't care where he got the 48 hours from, he gave them 48 hours, he clams up and the fbi is now very upset they didn't have the time to get the proper intel out of him. >> is apparent the right hand didn't know what the left hand was doing. and that is a very serious rate down. for eight hours is debatable if they have the lawful authority for it but it appears they were told they would have this time. while a team of fbi agents interrogating this guy in his hospital room, he's a suspect suspect, not a defendant. another team of fbi agents preparing a criminal complaint.

the law requires in order to keep him confined to have to file a complaint. once it is filed, the law requires he be brought before a judge for the purpose of reading him his rights. apparently the interrogators in hospital room did not know a team of fbi agents were preparing the complaint. they prepare the complaint which you and i read, they failed the complaint with the federal judge and said bring him into my courtroom, here's the courtroom. said he is in a hospital room. we will bring you to the hospital room. so without telling the interrogators, the fbi brings the judge and the prosecutor and his public defender into his hospital room for what is called a first appearance. what is the first order? you have the right to remain silent. stuart: now, eric holder, the fbi answers to eric holder. he is the ultimate authority. >> yes. stuart: he is grossly incompetent here.

if he is not giving proper order is how to get the most out of this guy in a hospital bed, that is gross incompetence. >> if the interrogators at the hospital room were truly surprised at the arrival of the judge and the court stenographer and the prosecutor and the defense counsel, that is gross incompetence of some superior somewhere in the justice department for not telling them we filed a criminal complaint against him, he's no longer a suspect, he's a defendant and has all these rights and among them is the right to appear before a judge. stuart: why didn't they wait for the 48 hours? why didn't they do that? >> they wouldn't have the authority to keep him confined unless they filed a complaint against him. keeping him for more than 48 hours. they had him for more than 48 hours, so in order to keep them longer have to file a complaint.

once they file a complaint it triggers the obligation to bring him before a judge. stuart: i don't care what is legal, what is wrong with this statement, incompetent at the top of this administration has cost america valuable intel. >> the fbi agents would probably agree with that statement. stuart: one last one. the lawyers defending this man, because of sequester cuts, what is with that? >> there are a team of public defenders in boston, i would guess there are 25 of them. the three or four on furlough are on this case, they have to delay the case. if this is a death penalty case, the justice department decides to seek the death penalty, this will take years in the making. the years in the making will allow for the furlough time. but now he is in a hospital room

with nobody interrogating him. stuart: it will be held up, will it come bac? investigation in the prosecution and the legal settings against this terror suspect will be held up because of sequester cuts and policy management. >> back what we have talked about many times without a budget that had the opportunity to shift funds around. nthe reason to furlough those very lawyers when they can furlough someone else. stuart: that is what i am looking for. this is a terror investigation. americans were killed and maimed a week of legal proceedings held up by sequester cuts, which is totally unnecessary. and we have failed to get information out of a terror suspect in an extraordinary case because of government incompetence. >> it is beyond incompetence, it is malfeasance in office and

attribute removed officials when they commit malfeasance. doing the opposite of what we have paid them to do. stuart: president george w. bush george w. bush library dedicated today and it is a perfect example of how private funding can get things done. progress continues. but first, my take on our broken government. the pair for a rant. it is next.

stuart: gas prices holding steady overnight, the national average $3.51. seems to be the new normal as we said many times. the price of oil $91 per barrel, that means gas prices will probably go up from here. latest read on the 30-year fixed-rate mortgages 3.40%. initial jobless claims this morning, those applying for first-time benefits down from $3.39. a very high number. jacob abor these numbers, doubt www.average, were up 75 points, 14752. here's what we have for you, how is the government been performing lately? my take on that next.

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stuart: a very interesting development on those airport delays. listen to this. in the u.s. senate there is a move to attach an faa amendment bill to the internet sales tax. this amendment, faa amendment would force flexibility on the faa so they could move the cuts around and avoid cutting air traffic controllers therefor might avoid delays.

if they attack it, looks like they will cause instant sales tax, that bill will sail through, will therefore pass an faa amendment demanding possibility. the problems for president obama. he has said in the past he doesn't want that flexibility and less time around he threatened to veto it. take a close look at our government performance recently. if you were acidic, you'd have to laugh. government, not congress, government has performed very badly. thank heavens we don't get all that we pay for. airport delays sitting on the tarmac, nothing more frustrating especially when you have children with you. why are we suffering? government wouldn't spread the spending cuts around. the boston bombing suspect lawyers have to go on furlough because of spending cuts. the legal proceedings against the man who killed and mutilated

americans will be delayed, o will this question, hard to believe that his government for you. we are going to defend our values. and we have senator harry reid who said the spending cuts may cost us a cure for cancer. government truly is pathetic. minor spending cuts cannot be managed without catastrophic damage to medical research? nonsense. tax revenues are at an all-time high. this government it is not enough that even a small pop in spending is required, this government makes sure we suffer and threatens more to come. where is our government coming from? as he was shaping his policies. while the individual can do and the corporation won't do, the government will. we had enough of government yet? this is america.

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stuart: angie's list, shares up egg. nicole, what is going on? nicole: it was less than what the analysts had predicted. 23%, big is big. moving the stock here to a new all-time high.

if so then was coming out and upgrading the stock as well, and also posted the guidance for the current quarter revenue will be above analyst estimates. so better revenue, better stock move. stuart: nicole, thank you very much, indeed. i want y'all to take a look at this video of president george w. bush library being dedicated today completed in two years. all by private funding. please compare that to the world trade center 12 years on, still a ton of public money. this speaks volumes about private enterprise. charles? charles: it sure does peter speaks a lot about bureaucracy and a lot of cheese and very few indians. we have seen this over and over. stuart: a big deal. now this, president obama missing in action from the sequester cuts.

the biggest headline we get from the mainstream media from the president, no tattoos for his daughters. who i say, look, the president is in texas attending the bush library dedication. but on everything else the man is missing in action. liz: you don't see any reaction in the pan travelers are feeling from the sequester cuts. you don't see it. we had on your show saying they are purposely politicizing the issue, and that is not right. that has to stop, and they can choose when to make those cuts and where to make those cuts. stuart: can be quickly look at the dow industrial average? that is a pretty solid rally. this market wants to go up. charles: i thought we would be down on both sessions. you start to blush on this

because i didn't see any news indicating this. stuart: we like it. everybody, the highlight reel is next. ♪ [ male announcer ] this is karen and jeremiah. they don't know it yet, but they're gonna fall in love, 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, which isn't rocket science. it's just common sense. from td ameritrade.

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for 1.99% financing during our certified pre-owned sales event through april 30th. p2 all right, everybody, here is the highlight reel. nothing from the president from the pain it is opposing on us. congress packs its bags. >> his total numbers for faa are less than what the faa is after this the cluster. stuart: they are very painful. >> it is the whole campaign to say that we cannot cut the federal government. the federal government can because. stuart: i just want to add one thing. he had received an e-mail saying that the management of the faa was trying to get all of the air traffic controllers to take a

furlough on the same day, shutting down the whole system. other cuts, which he suggested, other than the sequester, could be easily made. liz: yes. about $18 million that goes for foreign aid to china. this is separate from the 1.8 trillion unused federal office buildings and land that is just wasting away and not been taking care of. stuart: $18 million goes to aid china. foreign aid to china. liz: correct. things like confetti balloons, food and booze. stuart: $891,000 goes to maintain bank account.

charles: empty bank accounts. liz: the government bank account. stuart: he said he had received an e-mail they are trying to organize air traffic controllers to all take one day off the same day. shut it down. charles: airlines for america, all the big airlines put this website together. it is a campaign. they are calling on president obama, secretary lahood and the faa to stop. liz: we do not work for them, they work for us. charles: don't ground america.com. stuart: dagen and connell, it is yours. connell: i am connell mcshane. dagen: i am dagen mcdowell.

the president's health care law. connell: your mortgage reduction under attack. dagen: there is now support from both sides of the aisle. to yank the faa for loads that has any travelers steaming mad waiting on the tarmac. connell: lots of stories straightahead on markets now. ♪ connell: it is a good day for the market so far. dagen: cheech and chong. connell: thank you very much for that. doing something a little different. dagen: we will have that shot coming up quickly from president bush 43 library