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>> we're preparing a new graphic, huh, can't use it today, but maybe soon. it says, dow 16,000. good morning, everyone. it keeps on going, doesn't it? stocks up. some of the big names are reporting huge profits today. ben shows no sign of slowing the printing presses. it's fascinating. ten minutes from now, stocks will open from yet another record high. and this is fascinating, too, stephen colbert's sister loses the south carolina election, that's a shock because the winner is a disgraced former governor mark sanford and he won big. last one, if i say the words "man u", do you know what i'm talking about? it's a money story and "varney & company" is about to begin. the wright brothers became the first in flight. [ goodall ] i think the most amazing thing is how like us these chimpanzees are. [ laughing ] [ woman ] can you hear me? and you hear your voice?

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>> and i will get to the market in a second. and i've got astounding numbers for you.

almost 11 million people are now receiving disability benefits. larger than the population of greece. april is the 195th month in a row and a number of people on disability increased. and last time it fell, january, 1997. and the number has exploded in the obama years particularly. mood disorders, back pain remain two big reasons for disability claims and the millions getting the benefit reduced the labor force, that helps bring down the unemployment rate. almost 11 million disability. >> all right. it's the stock market that really continues to hold and set the stage for us. log on, check your account, get that quote and you'll probably like what you see. the dow will open above 15,000 for the first time in about, what is it, 6 1/2 minutes from now. one of the stars of the investment team has come out with a blowout profit performance, i'm talking disney.

the theme park did well and espn very well. it's a dow stock. >> and teflon toyota, huge profits and big sales in america and the weak yen from japanese yen printing helping as well. big profits there. but it's not all sunshine and lollipops. j.c. penney expects sales down, 16%, the company blames the former chief ron johnson. all right, we're in record territory and the markets have been on a tear and will we hit another record today. in just four minutes and 40 seconds, you will find out, watch it live. all stations come over to mission a for a final go.

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last week, this month, and even next year for seeing your business's cash flow like never before, introducing cash flow insight powered by pnc cfo. a suite of online tools that lets you turn insight into action. >> i am looking at the indicators. a pretty flat opening, certainly no retreat from the 15,000 mark. let's bring in larry levin, are there any naysayers down there? there's got to be a few bears that you work with. are there? >> yeah, there are people standing behind me, stuart, and the short-term traders are trying to sell the market and not having any luck at all. the people having good luck with the markets are the ones you mentioned, opening up their statements and pretty excited to see what they're seeing and not touching this market. but certainly there are short-term traders selling the market and not making any money at all. stuart: you can look at the bets

being placed right now. how many are betting the market goes down and how many are betting it goes up, quickly? >> i would say it's about 80% saying it's going up, and 20% saying it's going down. and bigger overriding people saying it's going up. [bell ringing] >> the opening bell has rung, and look at the indicators and expecting a gain, maybe a couple of points, a 4 points loss, look where we are, the dow opening around 15,050. we've never seen that before. and i've got a key dow component to report on for you and that will be disney. and cash cow, espn even bigger, and huge profits at disney. so, nicole, where does that stock open? >> let's take a look, anything above 6609 would be a new all time high. it's down slightly, but i'm going to watch this throughout the day because all disney do is make new highs after new highs.

as you noted blockbuster quarter. and espn, my husband and kids have it on all the time. huge for them. and the theme parks, and feels like you're broke when you leave, no more money after that. the new attraction, and i can't leave out the-- now it's all about the iron man 3, which is now going to be the next numbers and they're working on following up with "star wars." and it's untouchable. stuart: you've got one more new cruise ship, a new disney cruise ship that's gone into service and that's helping and they've got this cars land, i think it's called, it's california disney. a big attraction, and pulling in the crowds, but the stock, i guess the stock is down because it's kind of sell on the news, already at a high so sell it a little bit. nicole: i don't know, how many all-time highs this year, 20,

30, 40, and so, somehow, i don't believe the down arrow when i see it. stuart: well, it's there and i guess it's pulling the dow down a few points as a down stock. down 24 points in the early going on the big board at the moment. i've got a couple more big names to report on you. strong u.s. sales, a very weak yen gave toyota a huge profit boost. the money printing in japan seems to be working for toyota. and the stock is now at $117 a share and love to see a chart on that, looks straight up. not good news and totally different story for j.c. penney. even though that stock is up 4%, incredib incredible. it expects the sales to fall, and blames former chief ron johnson for its troubles and j.c. penney opens up 4.3%, go figure, please. now, politics, a surprising

finish. former governor mark sanford beat the sister of stephen colbert. in 2009 sanford admitted to having an affair after famously claiming to be hiking on the appalachian trail. and he beat her 54-55. and he goes back to congress. and back to the market, and bring in chambers. an interesting total of the book "the death of wealth", a skull there. and i want to know if the little guy, our viewers, are they buying into the stock market rally? >> they came back on january the 1st. every year, you know, we're dieting and investing go together. january 1st is a big move for investors, it was very, very big this year in north america, we've got huge websites and

share information and we saw a massive spike, january, february, march, the biggest spike in 4 or 5 years with new investors coming up and-- >> that's what you do you've got the hard evidence. it's not just personal opinions. the small guy, the little guy is back? >> in terms of new guys, and in terms of subscriptions, in terms of traffic, very, very big rush, january, february, march and anticipate. it's been a strong move. particularly in america, the u.k. and italy. not so much france and germany, massive in japan, of course, absolutely massive because of the quantitative easing so there's been a move by the private investor. >> can you say that the private investors is selling bonds and buying stocks? if that's the case they've done precisely the right thing, haven't they? >> i'm not sure they're selling bonds, but definitely interested in equities and they're saying

that we're going to have a move and they're interested in it, because the bonds have no yield and they have been interested in gold, but there's definitely a shift away from the precious metals and towards equities. they've been burned by apple and the same when they were burned with facebook and apple hurt them overall as a category they're much more interested than many years, almost since 2008 when they watched the world burn, it's the most interesting part for them right now. started january 1st and got on a diet and got into equities. >> we all did that. i know you don't do forecasts, but i want to ask your opinion. do you think that this move back into stocks by the little guy will end in tears, do you? >> it always ends in tears for a certain portion, it's boom, bubble, bust. and the last people to the table are the ones that get burned, but we're in very early stages and people coming back have been here before. >> it's not the new guys, not what they're called in south american, the sardines, people

who have never done it before. these are people coming back to the market and made money, lost it and made money and these are the experienced people that are coming back now. and there's always the gamblers and the speculators that are in the market full-time, but this is the smart money private investors come back. in a couple of years back when we're at 18, 19,000 on the dow and sardines will be burned and crying how they got taken for a ride. they're not here yet. stuart: i opened up the show this morning, a few minutes ago, asking our audience, if i said the words "man u" would you have any idea what i'm talking about. you've got a british accent and you know what i'm talking about. >> many aallowed to say football, yeah, soccer, i mean, obviously, a huge news today. stuart: well, do you follow a particular team. you're in los angeles, do you follow the news? >> i used to follow lesion, like

manchester united in ten years, not the giant team that it was. obviously, the manager who has been the greatest manager in football history, resigned to, 71 years old and won more titles than you can imagine, the league for the team again this year, and he's retired. and that's kind of a bit like, you know, bill gates leaving microsoft or steve jobs, and will that do what it did to microsoft and apple? that's the question everyone is asking. stuart: we have got to move on, i am now sure our viewers are following. thank you for joining us. hey, nicole on the floor of the new york stock exchange, i'm going to extend a little. any buzz about man u there on the floor? >> just chatting with johnnie, a huge man u-- he's got manchester football club on his neck chain here, he's a fan. and everybody who talks about

him says it's a great honor to call him a friend, a true visionary, one of the greats. and 49 trophies and here is the list of each and every one of them. this is a guy who is really going to go down in history. stuart: look, we just quoted the stock, i'm not sure you can see it, down 4%, almost 5% because the brilliant manager of the team been there 26 years, he is retiring, i was just interested to see if anybody down there knew anything about man u and it appears that they do. that's very interesting. that's a cultural point. >> well, i have to be fair, so, johnnie is a real soccer you buff, football buff. other guys are interested in the fact that the islanders won the big game last night, that's ice hockey. we'll have to balance, balance, okay? >> okay, thank you very much indeed, nicole. all right, dow is down 31 points, okay? holding at 15,024. check this out, please, another gee-whiz story that well,

frankly, this one absolutely astonished me. 3-d printing, wait for it, of a human ear? we have the lead researcher on the show next hour, what else can they print, an arm and a leg? the man who printed the ear is here. got it? >> better than expected profits at whole foods. a 2-1 stock split and it's down 3%. profits at symantec, which makes norton anti-virus software. a 15 cent dividend, it's down a buck. strong from the website, web m.d. a 19% gain. game maker electronics arts, expect strong sales for christmas, the connelling christmas and the current quarter will be tough. it's up 14%, that's a rally. general motors says china has approved the building of a new 1.3 billion cadillac factory in shanghai and it's down a

fraction. strong oreo's company, mondal he he-- up. >> and back to the big board. we've got disney down, that's a dow stock and that's taken a few points out of the dow industrials which are down 28 points. and 15,027. here we go with three big names that will join us in the next hour, first off senator david vitter, louisiana republican. he's trying to end a free cell phone program to exploded under president obama and the free broadband, he wants it gone. and virginia governor bob mcdonne mcdonnell, what's he doing to lure california businesses to his state and what's he giving them. is virginia the new hollywood?

we'll explain. and senator chuck grassley, republican, iowa and the president's choice for commerce secretary. she's rich. and money off shore in the secret accounts and those two things outraged the left and mitt romney, is there a double standard? we're covering it for you. coming up next, you could see this coming a mile away, a doctor who says that obamacare will till his business and he's taking it to court. and first though, charles ramsey who helped to free three women. and he's a sensation and because he mentioned mcdonald's in the the famous interview and 911 call, mcdonald's tweeted, way to go, charles ramsey, we will be in touch. >> and we do every day, i mean, every day. >> how long have you lived here. i've been here in a year. i barbecuing with this dude and eat ribs and what not and listen to salsa music. >> you had no indication that--

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>> it is wednesday morning, it's a state of play on the markets, the dow is down 21 points, gold going the other way, solid rally there, we're up $19 at 1467 and the price of oil this wednesday morning is back above $96 a barrel. a houston campaign donor is so fed up with obamacare, he's suing the federal government in hopes of overturning the affordable care act in texas. he announced his lawsuit he yesterday and is with us. steven, before we get to the lawsuit, i believe you run an alternative medicine business, if i can put it like that. i want you to spell out for our viewers, how is it that obamacare will kill your

business? >> well, obamacare will kill not just my business, but all small businesses. and i say that, businesses that are profitable are going to tend to do -- tend to be able to handle the increased businesses and there are a lot of businesses that the margins are so small that the increase in insurance premiums is going to force them to have to eliminate the health care plans for their employees which is going to put their employees in jeopardy and that's bad for the economy. >> that's the small business side of the fence. how about your business in particular? how does it hurt you? >> well, i have a health and wellness center in houston, we have 75 members of our staff. all of those members of our staff have insurance. guess who pays for the insurance, not the federal government, i do. i've been told by the insurance brokers that my premiums are going up dramatically and that concerns our employees and in

talking to friends of mine at businesses, well, they're being hurt by this. so, i talked to my attorney, andy, who is the general association of surgeons. i said, hey, what can we do? he read through the riling ruling with the state, when the states filed suit against obamacare and he found two key points that were not raised and challenging them on two points, one, the fact that chief justices roberts declared it a tax and a tax revenue bill has to start in the house. it doesn't, it started in the senate and violates the origination cause of the constitution and the fifth amendment where they're forcing me and other business people that have to do business with a company and forcing us and every american and that violates the fifth amendment. >> now, the legal system moves slowly. you just filed--

>> it will not. this will not move slowly. it's a declare -- we've asked for declaratory judgment and injunk tii injunkive relief. if he does not grant it, it will be immediately appealed to the 5th circuit court and they will make a decision probably within the next couple of months because obamacare is, you know, going to come into effect in 2014, in full force. >> steven you've got to have a lot of money and-- >> well. stuart: you're going to pursue this aggressively, you've got to have a lot of money behind you. have you got it? >> yes, we do have it. i said i'll finance it myself, but i've had already several key individuals across the state of texas call me up. so, we have a legal defense fund we've started and probably cost us a half million dollars to go to the supreme court. all we need to do is change one

vote in the supreme court. stuart: i want you to come back on the show and update us when you get this judgment, this quick judgment and see where you're going with this. we appreciate you being with us. thank you, sir, appreciate it. >> stuart, thank you so much. stuart: gotcha. back to this subject, it's the biggest spectator sport in the world. and our crew don't watch soccer and even make onemoi for expressing occasional interest. and can't ignore it, my take on man-u next. ♪ glory, glory united ♪ i want to make things more secure.

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>> do you know that free cell phone program that exploded under president obama. 2.2 billion a year is the cost? now, he wants to expand it to include broadband and he's vitter is trying to end the program. and mcdonnell, how he's trying to tour businesses from california. and if that's not enough next hour, the lead researcher who ooh just used a 3-d printer to

make a bionic ear. stay there, please. all right. if i say the words man-u, most people probably have no clue what i'm talking about. let me explain. man-u is a soccer team in england, manchester united. the manager announced his retirement and it's a huge deal in sports and money. and european soccer is the top spectator support in the world bar none clearly. and alex ferguson, retiring man-u manager and played a big role in building it. this is where the money comes in, in 26 years as manager he shelled out hundreds of millions for the world's greatest stars and built a club worth well over 3 billion dollars, the second most valuable sports team everywhere and build the premier league and champions league and ranking system and brought in

tens of billions from around the world and he stayed at man-u after it had been taken over by the unpopular glazer family from america. and the avalanche of money that is poured into european soccer is one of the great financial stories of the of the day. you may be surprised to hear that i don't follow soccer that closely, i've been here 40 years. i watch the big games on fox soccer, yes, i do. when i watch sports on tv more likely to be golf. no, my interest is money and the money in sports is flowing into man-u's of this world big time. no matter what, the big bucks will keep going into soccer. it's truly the global sport. and sir alex ferguson, a true gentleman, helped make it the growth industry that it is today. from more efficient pa. ♪ to more efficient pick-ups. ♪ wireless is limitless.

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[ female announcer ] from meeting customer needs... to meeting patient needs... ♪ to wireless is mitless.s... >> in this hour, you'll hear this, kill that free cell phone program, give me those california jobs, virginia governor mcdonald, and what's with the secret bank accounts, senator grassley, and a 3-d printer stamps out an ear. we have the researcher who did it. huh. ♪ coming back to dead even, opening over 15 # ,000 on the dow, first time ever seen that, down nine points. dow component, disney, blow out profits, great theme park

results, even better on espn, the money's rolling in. the stock nearly doubled, nearly in the past year and a half, down today, i guess just sell on the news that disney, what a performer. another big name, toyota, the profit tripledded, helped by strong u.s. sales, in turn, clearly helped by a very weak yep because japan's printing up a storm, 118 on toyota now. more on the marges -- markets in a minute, but the senator joining us to end the free cell phone program that's exploded under president obama. senator, great to have you with us, thank you for joining us, sir. >> thank you, sir, thank you for the invite. >> i can't remember a single government program that's been cut, ended, gone. you think you can do it with this one? >> trying. i think the american people agree with me because it's the newest version of, really, an outrageous entitlement. this mentality is getting out of

control, and this is a clear example of that. a few years ago, the program, when it was limited to true emergencies and land lines was 14 p -- $143 million, now that it's free cell phones, it's $2 #.3 billion, 15 times increase. and it's been verified there's rampant fraud in the program. >> yeah, you got everything going for you and i understand the free program wants to be free broadband, to expand it as i understand it? >> where does it stop. again, to me, this is the clearest, newest example of the end entitlement mentality, where does it stop? everybody who pays their cell phone bills, pays for it. >> yeah, i think you are getting traxz because it is, clearly, in my opinion, outrageous program. >> and, stuart -- >> can you do it? can you get rid of it? can you do that? >> well, that is a big hurdle in

washington because cutting anything is a hurdle, but when the american people tune in, in the process of doing that now, i think they will be outraged like you and i are talking about. another big issue is the fraud. the top five providers were surveyed by the fcc and of the customers, the entitlement customers of the top five providers, 4 is 1 dlsh 41% could be verified they were eligible. there's a question mark about 41% of that. there's something like over 200,000 folks with multiple free cell phones, clearly illegal, clearly disallowed-under-par the -- under the program. another issue is ram participant fraud. >> introduce legislation or negotiate away in budget discussions coming up? how do you kill it? >> look for any opportunity there is. i have introduced legislation to

e end the program period, but looking for the budget opportunity to exist, and after they learn the facts, they support the effort. the other important facts, stuart, that you know, is that any old cell phone, can be off a plan, but as long as it's working with a working battery, it can dial 911. if we're really concerned about lifelines, concerned about emergencies, we can meet that need, and, in fact, a lot of private charities do meet the need by distributing old cell phones. >> okay, senator, david, republican louisiana, a pleasure. wish you the best of luck even though people are skeptical it can be pull off. thank you very much indeed, sir. >> thanks. >> back to nicole with a 3450*u6 in -- in the stock price of whole foods, sale strong, but the toke is up there. >> that's right up there. it's the number two best performer today, up 8.6% at

$100.87 a share. sales rose, saw the number rise 6.9% in the second quarter, good news. what whole foods is focused on is we know they have upscale customers, know they have all the or gappic products, but they've been working to expand efforts to the lower price customers. they have been adding more locations so by doing this, they beefen it up. >> trying to get me in the store. >> got me in. i tried it. i like it. i like t. i was upset because they didn't have lucky charms, pampers, things i'm familiar with, but i'm coming around. coming around. >> a great store. >> it is, absolutely. >> nicole, thank you very mucc, indeed. we keep coming back to it, but the big story in finance for the past couple weeks is the rapid runup in the price of stocks. 15,000 on the dow, closed above that level yesterday, and i want

to talk about the little guy. in the last hour, we had clem on show with documentary evidence that the little guy is coming back into stocks, not necessarily selling bonds, but back into stocks, big time. you seeing that? >> coming back, but not the word "big time" just yet. look at the volumes. still not, you know when it's big time, you get in the cab in new york city and they do trade in between red lights. my business is soaring right now, but, you know, a lot is referrals. i mean, i listen to markets, but this is the best year with respect to picking stock, and -- >> yeah, you're right about the taxi drivers and people just generally that you meet. when you start -- >> the guy -- >> like this stock, that stock, know -- >> i will agree, there's a guy i had a meeting with yesterday in a chart thing, in the markets believes it's because of the fed. he's in, but he wants out at any second. there's a lot of people coming

in, and to that note, every other day i'm writing in notes to people, the morning report saying, listen, you just came back, missed the rally, a big pull back first, feel like, you know, golly, the timing is off. >> bullish until the bill comes, and when they boomerang. >> there's people around now, dough 15,000 who remember at this moment, dow 100, and every single person watching remembers dow 5,000 in 1995, dow 10,000 in 1999, dow 12 thowrs. don't worry about pull back corrections and crashes. if you're in the market, be in the market. a lifelong endeavor. >> heard that, liz? >> yeah, i did, loud and clear. >> forcefully delivered. good stuff, charles. bringing in the virginia governor mcdonald who went to california, trying to convince businesses over there to bring jobs to his state, virginia. joining us now, welcome back.

>> thank you. >> right in saying that you're going to film the film version of bill o'reilly's book, "killing kennedy," in your state, making virginia the hollywood of the east coast, is that it? >> we'd love to. got back from a trip in california, china, and japan, and we talk about a number of things, tour, wine, film, and aerospace. we talk about the film industry. steven spielberg filmed "lincoln," 100% in virginia, and "arg o" filmed in virginia, and last year waskilling lincoln," and now, "killing kennedy," a great place to film, got it all >> governors are going to california in saying, hey, look, we can do better than california, come over to my state, and it's a friendly environment for you. specifically, when you met with

people in california, what did you tell them that you got on offer from the state of virginia? >> well, i traveled with governor of utah together because utah and virginia are the two topped rank states in forbes magazine. our message was simple. look, california is a great state, a lot to offer, but looking for opportunities to expand or want to be in another venue, like the tax climate in the state, we'd be glad to have you. we talked to the film industry in particular for me, but we also talked to people in the high-tech industry, the aerospace industry, core competencies and strengths in virginia, traveled with the senior editor singing the prizes of virginia and utah, and it just gave people another perspective, with some of the tax policy, recently in california, they need to know there's options. >> yeah, i think they do, as a matter of fact. last one. you got an unemployment rate, is it 5.3% in virginia? way down there?

put it to you, governor, that's because you got a ton of federal government workers in the state of virginia age ton of federal money splashed around all over your state, it's federal government doing for you, isn't it? >> well, not exactly, stuart. we are a beneficiary of the fact that northern virginia's not a high concentration of the federal procurement, but most of the growth seen has been in the private sector. we're actually seeing some reductions, stuart, in the private sector jobs that are related to government procurement because the sequestering and previous defense cuts. you know, a trillion dollars over ten years is going to reduce it, but we see tremendous growth in places like financial services and technology, biotech, and aerospace and other types of civilian sectors, so, yeah, we clearly benefit from the federal government, but that's going down, has to, the federal government's $17 trillion in debt, we'll cut

there. there's growth in other sectors, and we have the lowest up employment rate in four years, second lowest east of the mississippi because of the private sector growth. >> yes, sir, governor mcdonald, virginia, thank you for joining us, sir. tell us if you get a couple california jobs to relocate to virginia. we want to know about that. thank you, sir. >> thank you very much. >> how's this for outrage? abercrombie and fitch does not carry extra large clothes, and -- have i got the story right? abercrombie and fitch doesn't carry big style clothes, big size, and the chief wants it to stay that way? what's the reaction? >> obviously, this is hurtful, it is insensitive, basically the -- >> oh, really? >> the ceo said -- >> are you serious? >> right? >> he has to run a business. >> have you been to the abercrombie with the shirtless models who walk like this, oh, gee, what are you wearing?

>> a man has a right to run his business, a man has a right to run his business any way he sees fit, and to maximize the profit, and it he wants a certain image from the company, he can go get it. >> well, i don't disagree with that; however, you can't come out and say it; right? >> wow. >> just have the sizes. >> oh, nicole, come on. >> if he wants to do that, he can do that, if i just want to sell chocolate cup cabs, no vanilla for you, that's my business, but you can't say people i don't like people who don't like vanilla cup cakes. >> he did not say it. >> i'll read the article and read it back. it better not be hurtful. it's mean. >> all right, all right, all right, liz, you said something, what? >> because he only wants good looking cool kids in the store. what matters is he has skinny kids, the skinny profits for the company. h and m has extra large charges

going gang buster. >> liberals attack mitt romney for stashing money in offshore accounts and for being rich. why suspect the pick for commerce secretary getting that treatment? she is a billionaire. senator grassley is next on that. i'm so glad you called. thank you. we're not in london, are we? no. why? apparently my debit card is. what? i know. don't worry, we have cancelled your old card. great. thank you. in addition to us monitoring your accounts for unusual activity, you could also set up free account alerts. okay. [ female announcer ] at wells fargo we're working around the clock to he protect your money and financial information. here's your temporary card.

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about one-third this calendar year, profits big time, up boosted by espn and box office of the movie "oz," the great and powerful, and shares of disney down 2%. toyota boosted profits big time after solid sales in america and that lowly yen. 118 a share on toyota this morning. jcpenney blaming ron johnson after a drop on 16%, a buy on the news of 5%. t-mobile sold 500,000 iphones in three weeks. they stopped using u.s. customers dropping the contract and used installment plans. interesting. up next, senator chuck grassley,ments -- wants to dig into the nominee for commerce secretary who happens to be a millionaire, next. u still sleeping? u still sleeping? just wanted to check and make sure that we were on schedule.

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we're all totally different. ishares core. etf building blocks for your personalized portfolio. find out why 9 out of 10 large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus, which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal. >> you know, round about this time last year the left attacked mitt romney mercilessly in the campaign for the election because he had stored some money in offshoring thes. why isn't president obama's pick for commerce secretary getting the same treatment, she's a billionaire, and she has a lot of money. certainly, the family has a great deal of money overseas. let's bring in senator chuck grassley, republican from iowa. looks to me like a double standard, senator. how about you? >> yeah, hypocritical.

i raise these same questions with secretary treasurely lew before the finance committee. i'm not a member where they are going to go, but i asked the commerce committee to look into this for the reasons we looked at lew, mostly for the fact that if it's good for the goose, good for the gander, and seems to me the questions have to be raised. >> a lot of the viewers are truly exaser rated that it's okay if you're a democrat to have money stashed overseas and to have a great deal of money that you maybe inherit. that's okay if you're a democrat, but it's not okay if you're a republican, and you made the money yourself. somehow or other, there's a situation where we demonize people who have made money for america. >> yeah, yeah, well, first of all, we ought to be thankful that there's people that are investing, creating jobs because it takes two things to be

productive in america, takes capital and it takes labor, and we ought to honor both capital and labor, and, also, the intellectual dishonesty, though, the president campaigning, mentioning the 1% of all last year and then picking people like that to represent him and run a cabinet position. >> what can you do about it? it's going to come up for hearings. what can you do about it? >> well, all i can do, at this point, and i'm going to pursue this as far as i can, but the forum for doing this is a commerce committee, and i have raisedded these questions for the commerce committee. i think the commerce committee does a very, very good job of digging into things like this. i expect them to do it and to be a shame if they didn't do it, and if they don't do it, there won't be a form up -- forum that i can do other than

one-on-one with the candidate, and i can do that and give speeches on the floor of the senate to raise the issues. we raise the issues against secretary lew, and there was not enough to stop his going forward, but we at least had a lot of votes against it, and i think we made a good case of the hi pockties involved. >> come on the program any time you like, senator, pleasure to have you with us, thank you, sir. >> thank you. >> big brother getting bigger, and the bawl administration has sights on the internet records. all rise, the judge is next. how do traders using technical analysis streamline their process? at fidelity, we do it by merging two tools into one. combining your customized charts with leading-edge analysis tools from recognia so you can quickly spot key trends and possible entry and exit points. we like this idea so much that we've applied for a patent. i'm colin beck of fidelity investments.

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>> come on, everybody. you can't call it a sell off, down ten points. smiles, everybody. please. to nicole, the real estate website, zillow, a loser, and i want to know why. >> all right. they came out with numbers and analysts expected near term choppiness on this, hit hard, and that is because they are going to be spending, and they are going to be spending on marketing, and that could hurt profitability, and so jp security says that by just doing the advertising campaign, it could lead to near term choppiness in the stock, and you can see here, though they came out, raised the full year revenue forecast, just the fact that you hear they are going to be spending on markets and the

like, to the downside. >> nearly 8%. thank you. you recommended zillow, a first. they are spending to the future just like amazon, but they are hitting zillow where they didn't hit amazon, building the stock up. >> they were $23 in november, hit $63 a couple days ago, up 200%. let it drift. >> face value, 8% down, what's going on. >> glad you brought it up. when stocks are hit like a technology or medical companies because they lowered their research and development, that's good. when they raise or in some cases marketing, it's noted baa, but good. unless they lose the market share and desperate. you have to read it. >> you'll make money for us, and you got another stock that you like, and it is carter. okay. a special place in your heart. >> it does. my granddaughter turned 7 months

yesterday. she's doing a lot of shopping, you know, told me about this. >> carter's makes young people's clothing. >> they do. there's my granddaughter. >> oh, any excuse, any excuse. this is how you recommend carter's, put your granddaughter up there. >> i tried to work her into zillow, and i could not. >> gave you credit frustrate photo. [laughter] >> they did. i'm going to need residuals. it's a two-prong story. they got -- they do them well, the largest seller, child of mine, walmart, one for you, precious, and target. here's a part of the story that i know you'll love. oshkosh sales down 6%, internationally up 30%. that's taking that up. wholesale, great, piper jeffrey with comment mostly positive, keeping the target at 65. it's going to go higher. >> carter's, said it here.

>> carter's. >> thanks, charles. big implications, it does, for your privacy. the obama administration is considering backing an fbi plan making it easier for the government to wiretap people who use the interpret. not the old-fashioned wiretapping of traditional phones, oh, no, look at what you do on the interpret. all rise, the judge is here. i prime, judge napolitano, you do not object if they get a judge to okay the government looking into the internet. >> it's a complicated area, stuart, and the loss of liberty, as we know, rarely happens overnight. this began in 1994 in the clinton administration when a democratic president and a republican congress enacted legislation that required the telephone service provider, called the telecoms today, five major ones today, to make available to the government the government's ability to listen

in on telephone calls. in other words, whenever they changed technology, they had to inform the government. whenever they crawled with a search warrant, they said, okay, plug in here and listen to varney and charles talking op the phone. that's 1994. now, in 2013, the governmentments the same accessibility to internet service providers. you see, when the government shows up at google, with a search warrant, and the search warrant is for, just hypothetical, stuart's e-mail account, the government doesn't know how to get that. it's too complicated. where do we go? which room? what butt don to we press? google says, well, required to make it available to you, not required to do your work for you. now comes the obama administration, and it wants to compel the interpret service providers to do the work for the government, to say, we will find

the information for you, we will plug you into it, and you can capture his key strokes in realtime as long as you have a search warrant for it. every time we change our technology, we have to tell you and we have to adapt this for you. that will stifle innovation because the next step -- >> of course. >> stifle innovation. that's a stretch. >> the fbi will say, well, why do we have to come to you? just give us a switch on our desk to throw, and throw the sit, and type in "varney" do see all key strokes. what a temptation that is if they throw a switch. that's where all of this will lead to. they won't this have show up with a search warrant. >> you are projecting what you think happens. >> i'm projecting because they are based on the way government likes to intimidate private industried too the work for it. >> but the recommendation from

the fbi is simply that google, for example, or a telecom in particular, has to make available the means of getting information. that's where it stands. >> that requires sharing proprior tear information with the government. >> all right. >> that requires shares private information with the government. that may make google's technological advances -- >> okay. >> there's an important part of this. this is a new thing with the obama administration wanting to do in the sense they say we'll slap you, google and facebook, with fines with tens of thousands of dollars in fines if you don't put those systems in place. >> or if you take it too long in giving us the information. the fines double every day. you know compound interest better than anyone. that could put going the out of business. >> however, a search warrant is still requiredded; is that correct? >> a court order. >> a coater order is required. >> remember, the search warrant says you shall make your files

available. it doesn't say you find the e-mails. that's all the difference because finding the e-mails could take hours of time. in. >> in an age of terrorism, being atagged, don't you think it's regit? >> absolutely not. in the age of the loss of privacy, why give up more? >> if i find that my -- >> brilliant to use elbow grease. >> if i find a relative of mine is heard in a terrorist incident, which could have. prevented by the speedy action of a telecom telling the government; look what the guy is up to, i will be upset. >> of course, anybody would be upset when their relative -- >> isn't that a -- -- i don't want to sacrifice liberty for the safety base the sacrifice of the liberty doesn't always lead to safety, but the liberty, once traded in, does not come back.

>> we're out of time. hard breaks. we shall agree to disagree. >> i'll take that. >> take that hard break, thank you, judge. >> my pleasure. >> interesting discussion. >> should be on the front pages, not so rosen. >> profound, profound. tale of two states, california and texas, big government against private enterprise, but even if california comes to its senses, texas is still better off. we'll explain all after this. [ shapiro ] at legalzoom, you can take care of virtually

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with dedicated chats and daily liveebinars. and trade with papermoney to test-drive the market. ♪ all on thinkorswim. from td ameritrade. >> belgium police arrested 31 people in connection with a $50 # million diamond heist this year. investigators say as the diamonds were loaded on to the airport, robbers dress the in police clothing drove on the tarmac with machine guns taking the diamonds. six in swits land, one in fraps, and 24 harried in belgium today. don't commit a crime with anybody else because they squeal; right? >> never commit a crime with more than one perp. >> good fellows? >> how about never commit a crime. >> oh, so pure. >> not. >> hitting the california versus texas theme as of late with president obama going to texas tomorrow to tout job creation. even a former california

assemblyman compares the states saying if california eliminated its state income tax, just got rid of it, its taxes would be higher than texas. now with the public policy foundation joining us now. welcome to the program, i can't believe this. if california got rid of entirely its income tax, they would be more heavily tax the than texas. explain this to us. >> well, it was amazing to me, but one of the themes heard recently after i moved from california to texas is that, well, texas is accord to tax less because they got all that oil and gas which is what pays for government. well, i looked into the numbers, and oil and gas severance revenues, severance taxes fund less than 4% of texas state and local government, now, of course, california has a lot of oil too, over 15 billion barrels

in the shale formation, something like two-thirds of america's proven oil shale reserves, just that they don't let it come out of the ground, and if they did, they want to tax it more, so, you know, i look into iting and california's taxes 42 #% more of the share of state income than does texas. california eliminated this, it could still take about 4% more of the people's income, the case in texas. >> you move to texas, and you came on the show to tell us about it, you like it, you settled in okay, have you? >> texas is the land of liberty and freedom and that is why so many people are voting with their feet and moving to texas. the president is going to be here in austin tomorrow. wopping of -- one of the things, since being president, texas, compared to california, a proportion of the population in each state,

produced more than ten times the amount of jobs as has california. temperature times. >> well, why is the president going to texas? okay, austin, a liberal bashton in tech, i understand that, texas, land of freedom and liberty pushing a message of government. it must be government. government is the agent of change. government is the one that gives us more jobs. why is he doing this? >> well, i think because the press is obligated to cover what he says and what he wanted tews is create these centrally planned industrial hubs, wants to raise the national minimum wage to $9 an hour. he wants to spend more money. the thing that's important to understand is you have two models, the two biggest states were one fifth of where americans live, similar in size and demographics, very different in their governance. california takes 42% more of its income of the people than is the

case in texas. if you look at the new u.s. census bureau figures for poverty in america, these figures take into account the cost of living and the value of social welfare programs. what you see is california also has 42% more people in poverty than texas. it's not working. the obama model is the california way. the texas model is the free market way. it is not what the president is add have kateing. >> all right, chuck, happy in texas. thank you, sir, appreciate it, thank you. by the way, as we spoke there, the dow turned around. we were down 30 points, now up two points, climbing a little, 15058 where we are now. would you wear a shirt for 100 days without washing it? well, our next guest did that, and it could turn into a profitable business, so he says. we'll cover it after this.

friday night, buddy.

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. >> dow jones industrial average, will you please, opened lower, now it's beginning to move higher, uncharted territory, close to 15060. gas prices up a fraction overnight, holding now at 3.53 for a gallon of regular on a national average basis. price of oil, 95.85, up 20 cents. coca-cola invested $2 billion in

25 acres of orange groves in florida, 5 million new trees planted, most trees added in 25 years in florida, and 24 jobs created, coke owns simply made and minute maid brands. no reaction for the stock whatsoever. this, the manager of mapchester united, known as man-u, sir alex ferguson retiring after 26 years, winning 13 league champions, and david moore expected to replace him. back in a moment. we used to live with a bear.

[growl] we'd always have to go everywhere with it. get in the front. we drive. it was so embarrasing that we just wanted to say, well, go away. shoo bear. but we can't really tell bears what to do. moooooommmmmm!!! then one day, it was just gone. mom! [announcer] you are how you sleep. tempur-pedic.

the new york city yankees, arguably the premier american sports franchise, nothing like marx -- man-u, but they are in groupon. landed just is a couple minutes ago, a 40 #% discount for yankees game in a brand new taxpayer funded stadium where tickets are overpriced. tell you something about baseball and the yankees? all right, can you imagine wearing the same shirt for a hundred days, in a row, without washing or cleaning it? that's what the next guest did. mack bishop, keeping the distance, a founder of wool and print. he joins us now. thanks for having me. this is the shirt, 100 days in a row. >> no washing it? >> did not. >> you have a girlfriend or a partner of sort? >> i did at the time. i no longer have a girlfriend

now. >> that's why because you smell. >> that was -- yeah, that was not in the discussion, but factored into it. >> do you smell not having -- can you -- >> okay, no, it's incredible. the shirt's. worn 150 wears, and it needs to be cleaned now. it needs to be cleaned. i'm not a particularly smelly man, and you sell this thing online? >> online. >> advertising it on the basis that you're a young single guy, don't have a washing machine, wear it forever. >> correct. >> how's business? >> things are good. on kick starter, we had the cap it at 3,000 shirts. it got crazy, got -- went viral, i guess you could say. >> kick starter, meaning what? >> a website where people go to create a project, and went on and talked about the shirt that we'd be making and people instantly -- >> sold 3,000 of

them? >> exactly. >> how much? >> $98 for the shirt. >> what? >> yeah, at over $300,000 in funding. >> really? >> yeah. >> wow, not bad. you got my vote. warming to this. >> yeah. >> what's special about the shirt? >> made from 100% fine wool sourced over in china. >> wool? >> wool. >> wool? >> it has a stigma, but it's incredible fiber. >> you want wool next to the skin? >> some wear undershirts, i do. >> stop you from sweating? >> doesn't stop your sweating, no, you still sweat in the shirt. >> how come you don't smell? >> wool is just naturally odor resistant. it has antimicrobial properties and breathes extremely well. >> are you comfortable doing this interview? you got weird foreign guy asking you, do you smell? did you lose your girlfriend because of this? you know, you see where this is going. are you comfortable with in? >> yeah, i'm comfortable with

it. nothing to hide. i wore the shirt for a hundred days in a row to test the properties of wool, and you need one of these. >> forget it, forget it. >> he doesn't have $9.08. retail stores or online? >> taking it slow, that's why we capped kick starter, to make sure we ensure a quality product, good customer service. >> take advantage of the first movers saying -- >> oh, totally. >> anyone can make the shirt. >> yeah -- >> only work for men and not women? >> we had a ton of requests for women. >> three minutes, god sakes, all right, all right, mac bishop, a good idea. >> thank you. >> a brave young man. >> thank you. >> thank you for copping in. >> thank you. >> if you like the shirt, you'll love this next. check this out. a human ear that was printed on a machine, a 3-d printer, printed out, amazing. the lead research is next. he did that. can you believe this? what can you do? print a finger, a nose, what?

extraordinary stuff. you'll see it next.

♪ >> hot off the prints press, an ear? princeton engineers created a functioning ear from a 3-d printer. the lead researcher in the

project and princeton assistant professor is michael, and he's here with me in new york city on the set. welcome to the program. >> hi, thanks for having me. >> get pee straight on how this work -- me straight on how this works here, a 3-d print, how much did it cost? >> a thousand dollars. >> off the shelf? >> off the shelf, yes. >> what did you put into the 3-d printer to print an ear? >> well, most use 3-d printers to print plastics, jewelry, and things like that, but we put electronics in there to print the bionic ear. >> a funnel, pouring in tissue from a cow and electronics from another angle, and it prints an ear? really? >> in the shape -- whatever shape you design it, in the shape of an ear. that's how we did it. >> how far away are you from creating, printing, something that, if i lose my ear, literally, i can stick this on. how far from that? >> well, i think we're close,

maybe five years. the tough part is adding blood flow to it. 3-d printers are shown to do that. >> you can do this? >> i think we have been close. >> you can do that? >> the other interesting thing is it's bionic with extended capabilities the range of human hearing and here into the radio frequency range. that's why it's a bionic ear. >> not science fiction. i thought it was pure science fiction when we heard about the story. we got a picture of it? i think we have a picture of the ear. can we put that up? yeah, there it is. all right. that's the printer print; right, michael >> yeah. >> that's printed there, how it is? >> prints directly out in the shape designed it, yeah. >> so you could design it any way you like? >> yeah -- >> just whatever you like. >> there's also a coil in it. it was a true ear with electronics interwoven into it.

>> are you going to patent this? >> it's already been done. >> the 3-d printer was patented in the first place. >>, that but what we did is pat tent the yod of merging biology with electronics and pribting organs with it. >> what's the demand for people who want the product sphs >> reconstructive surgery, but the idea is to print an ear app average person uses to hear beyond the normal range of hearing. for example, you and your wife can listen to the same steer yore but tune into different frequencies for different music. >> make deaf people hear? >> we hope to do that, yeah, because as long as it's it's like an implant. >> how many years away are we from you printing out a liver? come plek as that. >> actually, people have in the past month, there's been a company that printed a liver, a small one, but they printed a

liver. this came out a month ago, yeah, so -- >> what do you put in? trying to imagine a funnel that puts it in the printer. >> the cells in. >> cells in? any kind of material from wood plastic to human cells in these things. >> a cell from a cow. expwh builds it layer by layer by layer. >> with the layer, printed cell by cell, and in our case, we cultured it in a dish to tissue. there's two ways to do it. >> we are out of time, but that's fascinating. >> thanks a lot. >> come back soop, please because this just knocks me out, frankly. >> amazing. >> michael, princeton assistant professor. make a lot of money, young map. thank you for joining us, sir. >> thanks a lot. >> more varney in a moment. are you still sleeping? just wanted to check and make sure that we were on schedule.

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stuart: i have some more on these 3d printers.

charles: i have featured them on here so many times. stuart: did you say staples is going to start selling 3d printers in their stores? charles: yes. anyone can go out and get a 3d printer. you want to make jewelry at home, find. you want to make something else, put wood into it. so much bigger than the latest, you know, feature on the samsung phone. stuart: i do not think it should be called a printer. sorry, we are out of time. dagen and connell, it is yours. connell: good morning. i am connell mcshane.

dagen: i am dagen mcdowell. mcdonald's is quite happy to be along for this ride. connell: congress on how we can protect our nation and our assets. the judge says it is not good news for the cell phone providers or you as a customer. dagen: "the great gatsby." those stories and more coming up on markets now. ♪ connell: away we go. dagen: top of the hour. stocks now. nicole petallides is at the new york stock exchange with more. nicole: we have gone back and forth. we have