kind to the administration. web md won't grow up quick, twenty million unique visitors in one month, a lot more than the government side yesterday. stuart: big business can do it. it is yours. connell: we have the likes of jamie dimon and lloyd blankfein at the white house today. the president meeting with these big bank ceo as, the expected message is a default would be a disaster. the greatest generation up in arms over the government shutdown and the barricades surrounding the world war ii memorial. there may be no september jobs report after all. one of the first guest on the show today says the labor department might not bother with reported the shutdown drags on too long. and get rid of the chairman, bill gates may be out of the job as chairman. they're thinking that gates

should be out too. a lot to cover. dagen: look here. on capitol hill, a producer, congressional -- world war ii matter and that lawmakers in the world war ii memorial. a little later on. dagen: day 2 of the shutdown, stocks are shutting down, triple digit lost all over the place. nicole petallides driving trading today. nicole: we are seeing the fear index back up. a lot more focus on washington. a lot of people focusing on the fact that it was a new month, new quarter on wall street and you see the excitement of the

new month and new quarter, these down arrows and we will have a down week this week. and we are down 107 on the dow jones industrials and most of the names on the dow have down arrows and only a couple are squeezing out a gain. connell: wall street ceos, the government shutdown, the debt ceiling debate likely to be the big items on the agenda. dagen: rich edson is fired up at the white house with everything you need to know. rich: did this a couple years ago, and co-ceo pushing pressure, and increase the debt ceiling on the other side. you have the president telling them go to congress and pressure them. that will be going on at the west wing. all large list of ceos, lloyd

blankfein, john rogers, and the number of others within the hour to meet with president obama. meanwhile along capitol hill working on the government shutdown, the house will vote on bills they voted down yesterday, different procedures. they will likely pressure republicans or democrats. >> last night house republicans want again showed up and took action to stop the bleeding of harry reid's government shutdown. president obama has lead the house by threatening to veto these important bills to pretend nation veterans, keep d.c. schools and services open and reopen our national parks. >> they will vote on bills to fund the national institutes of health and research center ice of research and end the national guard. to that the white house got its veto threat that just came out, saying in a statement these

piecemeal efforts are not serious and they are no way to run a government. if house republicans are concerned about the impact of a shutdown which extend across government from small business to women, children and seniors, they should do their job and pass a clean cr to open the government. democrat the standing firm telling republicans they want to fund any part of the government you got to fund it all or forget about it. dagen: let's bring in james raymond, assistant editor of the wall street journal editorial page and them member of the editorial board. great to see you. is the fight over the debt ceiling going to look like this? >> it could look a lot like this. now and then, a bunch of bank ceos persuade the president to go for some entitlement reform to end the stand off. connell: we should worry more about it. we default on any payments from

the debt. and prioritize other things first. >> a week from now republicans stage a retreat and accept a clean fund the government except obamacare and after that they're not in the mood to fight any more. but they have been talking all along there was one that they want to do a deal land hoping to get some kind of reform out of the president. dagen: this is the government we have now. is it only going to get uglier? looking past the debt ceiling until the next presidential election? >> i would think. you look at the history, and the rhetoric, compared republicans and administration compared

republicans to terrorists. i don't know how you operate a government that way, basic acceptance that various branches were elected by the people and republicans -- this is not a comment about whether their strategy will work. i don't see him -- forget obamacare. dagen: that was the thing about obamacare, it got passed in 2010 and it is the law. i don't have to do anything. if the shoe was on the other foot and it was a republican centerpiece of legislation they would not negotiate either. >> hard to govern from the house. forget obamacare. where is the real in title and reform he is going for outside obamacare? connell: the only time he ever dangle this is simultaneously demanded a trillion in new

taxes. you haven't seen the willingness to negotiate at the white house. the current debate whether it is business or politics you always want to know when you look at both sides who has the leverage and i don't see where the republican leverage comes from on this debate or the next one. at some point there is nowhere to go. >> i hope at the end of this they hold on to the sequester. connell: would pick the debt ceiling and lead this one go. >> all at one price. i like the sequester a lot. would you trade with the sequester for some big long-term reform on medicare and social security? i don't know that he would. connell: trying to figure out how they put themselves in this spot. >> on the debt ceiling he does hate the sequestered so if they want to trade that, get

something real in return. really cranking down. dagen: vast majority of spending in this country by the government is entitlements. dagen: said third jobs report, and the next guest, and get the september numbers at all. charlie smith is chief investment officer joining us now from pittsburgh, pa.. this is the big deal, an important number. if you don't get it in short order, to everything we think about the economy of federal reserve policy. >> they get private data, the adb number, and shadowed data but the fact the we do have the

more opaque statistical set, and if the shutdown does last another two or three weeks, they simply pass on the report, and an addendum for the october numbers. the game is the shutdown, the varsity game is about a week, the trade off will be the republicans giving in on the debt ceiling, and the mandate of obamacare, the best they can hope for. dagen: is this not in some way, major worries starting back in may, you saw it in longer-term interest rates that the federal reserve was going to pull back on the bond buying, the pass the buck and held steady in seen interest rates in check. is this somehow these flights in d.c. shutdown and the debt

ceiling, could be good for the market in terms of longer-term interest rates low? >> it is partly the way the administration framed who is going to get paid first. if obama is making statements about paying the interest on the debt last, that would be a significant negative for the market so it is partly the way the administration frames of the actual implementation of any sort of default. if obama comes out and says we will pay the interest no matter what, i think the effect on the market would be much less. dagen: do you see your clients making movies based on what washington is doing? >> not yet. people recognize we don't get serious about a potential problem for the economy and markets for another 8 to 10 days. once we get within 5 days of the seventeenth we will see people saying the possibility of a postpone on interest payments or

a technical default is real and that is when we will see the financial markets react and more pressure on groups to the table. dagen: thanks for being here, let's hope it doesn't come to that. it makes us all queasy. thanks so much. connell: discovering the shutdown we will keep talking about it but coming got dagen mcdowell mention world war ii veterans being led into the memorial despite the money spent in d.c.. we have latest, live pictures of the scene, more to come. dagen: conan o'brien is trying to become as popular as the surgeon founder sir richard branson. that is a question we will answer. connell: bill gates is the new target for shareholders, we will at all on markets now.

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connell: markets now back with you watching big stories today that are happening. at the white house president obama with a big meeting with bank ceos expected to emphasize how dire it would be if there was a default looking at the next potential crisis, let's get the ceos in front and scare everybody and put pressure on republicans to negotiate on the debt ceiling. jamie dimon you may have seen in a walk, one of our producers yell the question out to him or being passed along that he did not comment on the negotiations on the settlement, the mortgage case for jpmorgan but the other story, world war ii veterans, we will talk to judge andrew napolitano about that. and after that the jobs report when dagen mcdowel this earlier and a report for september. all those coming. dagen: looks like all the furloughed government employees are watching netflix, shares

hitting another all-time high at. nicole: let's take a look here, netflix the real winner, don't forget, original programming, house of cards, orange is the new black and original content and how about carl icahn's investment, is shares of $58, five million shares that are worth $1.7 billion so all the way of to 330, carl icahn doing okay with netflix and take a look at verizon. verizon communications and turner broadcasting have rrached a long-term distribution agreement. the terms of the deal were not disclosed but under this deal, subscribers will receive on demand programming and live streaming on all major turner networks. connell: gridlock in d.c. has now hit the gridiron.

department of defense suspended all athletic contests, air force, army and navy and the government shutdown supposed to play in navy this saturday and the expected crowd was 40,000 in annapolis the army was supposed to be up in boston playing d.c. on saturday. in addition to football shocker volleyball had to cancel matches or at least suspend them or reschedule. final decision expected by noon eastern. it is another effect of all this. dagen: moving on to something totally different. conan o'brien trying to conquer linkedin and take on richard branson. he told his audience he is not sure what linkedin is. that didn't stop him creating a profile. but his profile so far. delists himself as the ceo of conan, past jobs and the lighting designer for appleby international, lists his blood pressure under test scores and

under education he simply put yes. safe to say he has a long way to go to catch up with richard branson. $6 million on linkedin. he gets creepier looking the older he gets. connell: cut in your talking about? dagen: he looks like a little boy who is aging rapidly. it is very strange with the red hair. dagen: he doesn't know i exist. there you go. a government shutdown not shutting down, world war ii veterans from their memorial washington. is there an argument for civil disobedience? connell: of arrests are made in a terrible biker attack all over the headlines in new york. fox news minute with that and more next but first a look at some more market numbers, markets now. so ally bank really has no hidden fees on savings accounts?

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>> 22 minutes past the hour your fox news minute, best-selling author tom clancy has died. is publisher confirm the news clancy wrote 25 books in a career that spanned three decades. this espionage and military thrillers inspired a number of movies and veterans, tom clancy was 66. the government shutdown is forcing president obama to cut short his trip to asia. and not malaysia and the philistines. and following the high-speed chase which ended on suv. and new york police allen edwards, ask the writers and landing his home in the range rover. and one biker, suffered a broken back during crash.

those are the news headlines and now back to dagen mcdowell. dagen: down in d.c. one of the wall street ceos walking into the meeting with president obama, that would be jamie dimon. jamie dimon should the comment when he was walking in, we have been through this before. and a settlement of mortgage securities, and category at this point. the ceo is filing in. >> charles payne talking again. and maybe a jobs report friday but we have one this morning. dagen: a little weak about

14,000 jobs shot in the private sector. connell: 14,000 shy of 180,000. big moments like you are in the spotlight. charles: here is the thing. weiner not need the number, a tp number is getting closer and closer to the bureau of labor statistics number. here is the bad news for everyone hoping for a good number. for the last three months adp has been better or they posted a better number than the bureau of labor statistics and the numbers got closer and they were off by 4% and what are the implications? ted purdy we just talked about, ben bernanke saw this happening and alluded to it when a decision was made. it tapered off the board for the rest of the year. because 166,000 take a victory. connell: various odd job market softness.

connell: washington imploding. ashley: before they sought this would be a partial shutdown. ben bernanke saw that. you look at these jobs, 17,000 service low-paying jobs, goods producing growing 19,000, financial mortgages, housing market, ben bernanke doesn't talk about it. we know housing probably is important as anything else. these are all these banks, mortgage lenders. dagen: business went of the refinancing activities in spring as the federal reserve started talking about that. charles: the only two good signs were construction, and the fastest pace of job creation for large businesses this year and consequently we saw the slowest pace of job creation. we don't see how this could consider it the during after this. dagen: goes back to this. charles: peter barnes, last

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connell: jamie dimon, ceo of jpmorgan, heading into the meeting with your ceos at the white house. what is next? rich edson had a chance to ask jamie dimon a quick question. >> a the president negotiate under debt ceiling? >> i would love to see resolution, solutions that are good for america, good for jobs and good for growth and everyone says the second thing. >> negotiate? >> call it what you want. i'm not a politician. i want to see america and grows of people have jobs. connell: rich edson with jamie dimon this speaking of negotiations there will be a meeting between congressional leadership and president obama at 5:30 p.m.. john boehner's spokespersons saying from their point of view they are happy that the president finally decided he

will negotiate and the white house has not treated it that way and the spokesman is saying it is clear to them they wouldn't be having this meeting if it is not the start of a serious talk. that is what they are saying about the negotiation but congressional leadership and president obama at the white house at 5:30 in the evening. jamie dimon would rather be at the dmv than in d.c. at this point. let's go to the floor of the new york stock exchange. nicole petallides looking at jpmorgan stock. nicole: absolutely right. tough stuff they're having to deal with on the heels of what we have been watching with jamie dimon having to deal with the darker days of mortgage-backed securities and trying to settle that. right now jpmorgan chase stock is up 1-1/4% but the question paula will affect the financials, talking about everything there $7 trillion bond and how it will trigger these markets one way or

another. would be financial shockwaves? here is a look at jpmorgan chase up $0.61 at $52.20. connell: big news of the day and breaking news of the hour is this meeting at the white house at 5:30 in the evening between congressional leadership and president obama, trying to get through the government shutdown, dan 2, is this the negotiation? senator judd gregg knows that there two about negotiations and he joins us from washington d.c.. will be the big four in the congressional leadership attending. so leaders in the democratic party, harry reid in the senate, nancy pelosi in the house and on the republican side presumably talk about john boehner and mitch mcconnell being there at this meeting tonight. what do you think it means that they are holding it? >> it is a good sign. you can't reach an agreement unless you talk to each other. my opinion has all along been and most people's that the president needs to believe in

negotiations though the president calls the meeting, extraordinarily construc what we are seeing is the continuing resolution, rolling into the debt ceiling, default for and that is where the sequester issue is. i suspect what is going to come out of this if something constructive comes out and i believe it will take a while but it will. you will see a grand bargain. committee in grand bargain. you will see a constructive effort to try to resolve the continuing, resolve the debt ceiling and do something on the sequester by replacing savings of entitlement savings. connell: what is the roadmap to getting there? we were talking earlier and wondering honestly wondering where the republican leverage would come from. the president has said there is a difference between saying we have a meeting or be willing to budge in your position because he could stand at the meeting and say you got to come up with something, i'm not budging.

what is the impetus for the president to budge from his position and where do republicans get a leverage from to put him where they want and ago? >> i don't think the president -- i am not here to carry his water but the president hasn't said he is not going to budge. he is not going to negotiate killing obamacare, of reasonable position for signature legislation. two things are not negotiable, what is obamacare and one is raising taxes from the republican standpoint. connell: so then i guess the ball is in some degree in john boehner's court to convince these house republicans we are not going to get what we want on obamacare and have to go somewhere else and take what we can't get. >> it is not getting something that is so weak package. you can get a strong package which most republicans would be comfortable with which is something reforms entitlements get spending in the entitlement

accounts and replace across the board or some portion of across-the-board sequester with entitlement reform and the president has put on the table number of major entitlement reform ideas such as changing the cpi so the opportunity is there. the path way is there. they just have to get off the positions that don't allow compromise like telling obamacare or raising taxes. connell: final question to push forward, you are bob working with banks. the issue of the debt ceiling is a much bigger issue in the world we are living in with wall street and everything else, we can't default on our debt. i understand as i said earlier there is prioritization and there are ways to extend as far as you can extend but at some point you could shut the government down and get through it and it is hard but default font color debt, and the onset you put on that is a reality or is it something you see as being able to be thought about? >> it would be an inexcusable

act. we are currency of the world. our debt is the currency of the world's. for us to default on it, throw the markets into chaos but it would affect the economy dramatically and undermine our capacity to grow as a nation for a period of time. it cost a lot more to borrow and increase our deficit so makes no sense at all. it is a point of discussion where you have a debate about how to get the debt under control and what the speaker wants, but the idea of default is inexcusable. connell: thank you very much for your time. dagen: world war ii veterans being allowed into the memorial in washington despite the many stand off and shutdown in d.c.. we are going to talk to judge andrew napolitano about civil disobedience coming. connell: microsoft founder bill gates the new target for shareholders who want to improve

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caught up with jamie dimon as he was walking into this meeting. >> a the president negotiate on the debt ceiling? >> i would love to see resolution, solutions that good for america, good for jobs and good for growth and everyone would say the same thing. >> negotiate? >> call it what you want. i'm not a politician. i want to see america grow so people have jobs. connell: not a politician but a very political answer. big meeting. dagen: big meeting but is it wise given the fact that the bank is trying to settle with the justice department to judge andrew napolitano is here to talk about civil disobedience, world war ii veterans. judge napolitano: a smirk on my face because rule 101 of basic lawyering is you don't send your client to talk to the guy who is trying to take $11 billion away from you. i guess he is there for charlie gasparino, a federal law and a total of only but has no

business being there. the president has no business asking to be there. the justice department is suing the bank of which he is the chair for $11 billion and much of it is a witch hunt, much of the alleged things the bank did wrong it did to itself. the government wants to punish it by taking more money from what it did to itself. it is the >> lawsuit and jamie dimon has no business being there. he should say have better things to do, sealing court. try to prove the case that we will the fed's $1 billion because the whale drop $4 billion in london. dagen: you don't think the white house wouldn't use them as a poster boy for bad behavior of the didn't show up to the meeting? judge napolitano: is suddenly bad behavior because somebody doesn't want to go into that dan of inequity at 1600 dental the avenue that products much of our while like obamacare and the

debt? stay away. they are trying to take your business from you. to a away. >> like something out of a movie. he is there and going to this meeting. other people lawmaking the transition we talked about today, dagen mcdowell mentioned earlier world war ii veterans, some part of the government shut down, they are going to be allowed in to the memorial in d.c.. what do you make of what has been going on? judge napolitano: the president has the ability when the government is shut down to decide what parts are essentials and what parts should be shutdown. the very fact that you can go and stand and look at a memorial whether it is for your own courageous service in world war ii or the washington monument for george washington and government doesn't need to be there and the rangers don't need to be there and the park police doesn't have to be their means guess what? parts of the government will operate even when there are no

funds. let them go and look at the memorial. i think that these folks from the greatest generation, my father's generation who fought in world war ii agreed point to the government. leave us alone, we will leave you alone. when we want to look at a monument to our fallen comrades we are going to go. what are they going to do? did the skies fall when the government close? the government does too much. it provides material subsistence for 47% of americans. shouldn't. it is not authorized in the constitution. the constitution authorizes could shut down and none of us would feel a pinch. dagen: again, you are a proponent of civil disobedience in general. judge napolitano: what would you call the american revolution? civil disobedience on a grand scale. we have what little freedom the government lets us have bought a

lot more than we would have if we hadn't thrown out king george iii. dagen: how much do we cover with the judge? josh over here. he is going to marry it. dagen: you know who should marry in? right there, judge andrew napolitano. think about it. the government shut it down and still going to come megabucks into the economy $80 a month. connell: how long will the money keep flowing? peter barnes in burlington, vermont. the fed later today. >> as we know from the fed meeting the fed is very concerned about fiscal problems in washington d.c. and whether

they will hurt economic growth and we are going to be hearing from eric rosengreen of the federal reserve bank of boston giving a speech in a little bit and we will be interviewing him at 1:40 eastern time after his speech and he will be the first fed voting fed member that we will hear from since the government shut down two days ago on these problems and potential impact on the economy and what if anything the fed will be prepared to do about it including continuing all the stimulus, continuing quantitative easing, increasing quantitative easing, keeping interest rates low until what? 200054? i don't know. we will ask those questions after his speech today. connell: two hours from now. thank you. dagen: the government shut down hitting everything.

hitting everything in the markets from stocks to crops. connell: sandra smith's department. she joins us from the cme. sandra: serious stuff. when you have the usda turned off the spigot of the flood of economic reports that normally put out, that changes the game for a lot of trading happening in things like corn, soybeans, wheat futures and a look at corn prices today, not all corn prices down the bidding three year lows, down on the week, down on the month and significantly down on the year. there was a bumper crop out there, got so high they tried to plant as much corn as they could. now the big fear is that it picks up. the big fear is if we don't get the monthly crop report the corn, wheat and soybeans talking about billions of dollars that normally change hands based on that report, the government shut

down affecting foreign of all these at the chicago board of trade this morning. by the way, i always have to sort of put in perspective where we are looking at corn prices today at $4.30 a bushel we were at $8.41 a bushel for 13 months ago. that is why farmers rushed out. that is i i say this. dagen: that is right. that is right. all you got to do is slam some more and prices collapsed. thank you. connell: get rid of the chairman. dagen: don't care what it is about. connell: bill gates may be out of his job as chairman if microsoft shareholders get their way. we will talk about that coming up. the net winners today on the nasdaq. ♪

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dagen: bill gates, the richest dude in the world synonymous with microsoft. connell: from top investors, talking about the details. and the 20 largest institutional holders privately told reuters they won't let their identity be lose. and it seems incredibly rude. gates is one of the true tech

visionaries of our time. and if you are a new ceo from outside, wanting to rethink everything, spin off the consumer business, box, new merger, what are you going to do when gates is still there? connell: he could be get involved, he said no. >> look what dix's done to sever his ties and sell stock. of rhode billion shares of a company, 11% stake, down by two thirds to three seventy-eight million, roughly four% stake. he has no power truly just by ownership to force his strategy on the company and yet by spirit. ticket to take the chairman's title will he bought out? what is the actual how much the metals would that change?

dennis: is that the right thing to do? just kind of cool. dagen: is that cutting off access? dennis: if he is there he cannot on your door any time you want when he is out saving the world. he is honestly out with no title as a company is stake is 4% and on schedule to sell eighty million shares a year so by 2018 he owns no stake in microsoft at all. i wonder about the gates foundation. what state it might hold. a big part of the fortune. connell: dennis will be here next hour. looks like lot of news to cover and break everything going on in d.c.. rich edson at the white house, jamie dimon as well. rich talked to him on the way in sellable latest from washington. dagen: the insider-trading trial, and he will still be a billionaire even if he is found

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dennis: shut down day two. i am dennis kneale. cheryl: hello, everyone. i am cheryl casone. talks to president obama going on right now. dennis: we have rich edson at the white house. mark cubans insider-trading trial. cheryl: as we approach the top of the noon eastern hour, we

have nicole petallides on the floor of the new york stock exchange. nicole: we are down 82 points today. we are down for the week. yesterday we got a little bit of a pop. we are pulling back today. i wanted to talk about the adp report. they came in fewer than expected. that was somewhat of a disappointment. the big picture you are seeing, most of the sectors to the downside. cheryl: thank you. we will see you soon. dennis: breaking news. president obama meeting with wall street ceos at the white

house. rich edson has the latest at the white house. rich: about a dozen ceos meeting with the president right now. we did run into jamie dimon. take a listen. should the president negotiate on the debt ceiling? >> i would love to see solutions that are good for america, good for jobs and good for growth. i am not a politician. i just want to see america grow so people have jobs. rich: the treasury secretary say they have until october 17 to increase the debt ceiling.

we really are running out of time. the democrats and republicans will be here to talk. if the president wants to sit on the sideline during the critical debate, he will urge senate democrats to agree to the request. we still have an impasse when it comes to the cr. we really are nowhere near political solution it seems. dennis: seven ongoing investigations have not made jamie dimon shy about talking to

you. cheryl: looking at a different story when it comes to the stocks. it could last another two weeks. we have adp today. is the shutdown the least of the worries for investors as they began a new month of trading? michael, you are bearish on equities and bonds. you are 90% in cash. when you look at this fight in d.c., are you thinking to yourself you will go 100% cash? >> i do not know if i will go 100%. this time dictates safety. this environment is dangerous.

cheryl: what are you so afraid of right now? >> it is extreme times. if the economy is so good, why is the fed pumping a trillion dollars a year into it? cheryl: if the fed will continue, we are now getting more and more signals, they will continue doing it. >> i will agree. i share michael's apprehension about it. if we do not have quantitative easing, do you think volatility would be as low as it is? we have a shutdown that seems inconsequential. i see a global economy that is starting to recover.

cheryl: if we do see this shot down go right up to the debt ceiling fight, that would make sense to me that this will be nothing but volatility over the next two weeks. >> that is true. cheryl: james, over to you. there is something else going on here. this could mean a wave of bond buying. this could be kind of where the money starts to go. there is a bit of a safety play going on here. >> i do not think people are too interested in bonds these days. most people think the first quarter, it will come to pass

and interest rates will go up. the one thing that i think we have to identify is the potential elephant in the world and michael did ring this up. the potential debt default. i am 100% invested. cheryl: we still do not quite have a clear picture on this. we do not take we will be getting a jobs report on friday. it seems like the fed is stuck, bond buying continues and we do not know what the jobs picture looks like. >> the unemployment report, we wish we could get it. the labor market is not bad. it is actually okay.

cheryl: that is a bullish commentary. >> jobless claims certainly look good. 71% of those jobs were part-time jobs. today, everyone is bullish. everyone is guarded down. this reminds me a lot of 2001. today, the environment is speculative across the board. i am not willing to take big risks today. cheryl: jim, i think he has you on that. >> that is true. michael, your point is well made. there is a lot. that is where you have to start.

i will take that over no jobs. cheryl: i tell you, a lot of people that are in cash more so than we realize. at what point would you consider going back into stocks and bonds? >> if the trend continues up, i will go back. i have been easing back in lately. there is a lot of volatility. this can continue on. if it keeps going, i may get in. my belief is that the money will be made on the short side. cheryl: there is a picture of the pair in the wikipedia page. thank you very much. appreciate it. >> thank you.

dennis: a call for bill gates to give up. a couple of big name institutional investors while microsoft out. is he really the problem, though? let's start off with charles payne. charles: bill gates, his ownership is down. his ownership dwindles by 80 million shares every year. i would give bill gates two options. maybe two and a half. become ceo of the company. work with the company and maybe be chairman.

he is still the richest man in the world. i do not see anything he is doing for the company itself. dennis: is bill gates what is ailing microsoft? >> no. the sh no, the long answer is heck no. gates is 57. he will be 58 later this month. there are no issues in terms of that. there are issues sometimes with chairman to our founders of the company. they stand in the way of innovation. gates is not.

he came up with an e-book reader long before amazon. he had a big push on tablets long before the ipad. dennis: bill gates is not the problem here. what about the argument that says lee zack god as chairman and how bout the ceo grow some courage. charles: this is a guy who is a visionary. he is giving them an extra anger. dennis: bill gates, even though

he is no longer in day to day control, he medals all the time. he is clearly in their shaping things. >> i do not hear that. i do not think that dates medals. he is the kind of guy that is driven by the data. i do not think he is the kind of guy who will stand in the way of innovation. dennis: thank you very much. microsoft stock up almost 1% today. cheryl: there is another part of your investment. the housing recovery could be a victim. we have an analyst joining us next. dennis: it is big business one, little guy nothing.

twitter prepares to go public. ♪

♪ cheryl: here are the top stories we are watching for you right now. president obama meeting with big bank ceos. the president will meet with congressional leaders later today. as a government shutdown continues, world war veterans are taking a stand. judge andrew napolitano applauding this a short time ago. if the shutdown continues, there may be no jobs report at all for the month of september. the labor department will indeed postpone the release of the report until at least next week. let's bring in nicole petallides from the floor of the new york stock exchange.

nicole: we have a lot of uncertainty in these markets these days. take a look at burlington. burlington stores, it is regarded as a discount type store. it competes with names like t.j. maxx. this ipo today has had a great run. a price of $17. it is backed by bain capital. you can see right now it is still running hot. right now 46% to the upside for burlington. cheryl: thank you very much. appreciate it. dennis: some users think twitter going public will ruin the corporate culture. we have one tweeter's story.

jo ling kent has the story. >> chase of dallas texas is a graphic designer. he says he was approached by a broker to try and buy it for $20,000. he declined that because he said it violated twitter policy. twitter notified him that his handle had suddenly violated his policies and took the handle away from him. he lost it against his will. >> just on principle, it is not something i would be interested in doing. i think that this has shown that they will maybe start catering towards these big corporations. they will lose base with their

users. >> they pointed us towards the user policy. for parodies, the profile name should not list the exact name of the subject without somee3 other distinguishing word. he is very frustrated. some of his fellow faithful twitter's feel the same way. one twitter user's view of what will happen. dennis: of course he violated the file on june -- of course he

violated the policy. cheryl: elizabeth macdonald has her bottom line. dennis: we have mark cuban's insider trading trial. ♪ [ male announcer ] imagine this cute blob is metamucil.

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♪ >> 23 minutes past the hour. president obama is cutting short his upcoming trip to asia due to the government shutdown. two stops are canceled. the president leaves saturday night and will visit two places. the trip is part of a plan to boost the u.s. economy. best-selling author, tom clancy, has died. he wrote 25 books in his career. his espionage and military thrillers inspired a number of movies and video games. marc jacobs is leaving when we put on. thanks to his ready-to-wear

line, he will now concentrate on his namesake brand. cheryl: here is elizabeth macdonald. >> eric schneiderman suing wells fargo. take a listen to what he just said moments ago. >> in dealing with homeowners -- >> he is saying that wells fargo violated, get this, 304 new standards for foreclosures that

banks have to abide by. some of the standards, you have to notify the borrower within five days. these micromanagement coming out of the government from the task force towards banks is a big deal. cheryl: the types of people he is using that money from, that is one thing that is offensive. wells fargo is the biggest home loan originator in this country. >> the ag of new york, 60 million out of that money to

deputize. look at who he is deputizing. you will see here nonprofit legal counselors. you will see nonprofit groups that do legal services. these nonprofit groups get to report on what the banks are doing back into the new york ag. while map. that is a big deal. you have to say to yourself, you wonder if this is impinging on mortgage credits. making it more difficult to get mortgages in this country. cheryl: a great story. thank you. dennis: the big winner in the ten day old series is not "homeland" or "breaking bad." cheryl: coming up next, why the housing recovery may be a victim on the government shutdown.

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that helps maintain digestive balance. ♪ stay in the groove with align. dennis: time for stocks now. let's send it to nicole petallides. nicole: today, the shareholder is not smiling. stock is down. 37.32. we see jpmorgan disappointed. they lowered their estimates. keeping a neutral rating. let's take a look at some of the other movers on wall street. we continue to follow plot very.

we are also watching global payments. merck, another one i am watching very closely. back to you. dennis: thank you very much. cheryl: gold is making a comeback after closing down over 3% yesterday. it was so surprising yesterday how much it fell. >> it was terrible. i think the real key here is the adp jobs report. it was terrible. that may be the only report that we get. there is no way they can taper with all of this uncertainty.

let's take a look at the oil. they were up big. back to you. cheryl: thank you, phil. another potential fallout of the government shutdown. where what are these builders going to do if the shut down continues? >> it depends on how long the shut down last. there is not a lot they can do

except try to process these loans as fast as they can. cheryl: it will be missing documents from the irs. >> if you do need some proof of tax returns, you are okay. if you filed for an extension into our waiting waiting for those tax returns, your loan will automatically be delayed. cheryl: i am thinking of names like these are and lumbar. those stocks could potentially take a hit. >> they said that they can and will continue to endorse loans.

it will be slower. that will impact these lower end builders. there is a snowball effect that will happen here. right now, the stocks are trading. we do not want bad economic news. for a trade, they are doing pretty well. cheryl: could receive mortgage rates go down again? >> yes. i think we could. i would not expect them to go all the way back down. really, you do not want them to. it would be a short-term boom

for the housing stock. you want the economy and jobs number to be better. cheryl: this could be the boost that these guys need. i was thinking about regional banks as well. >> we have started to see a bit of loosening and mortgage credit. we do sense that some banks are trying to gain back some shares because they need the volume. cheryl: citigroup may not give you a loan, but the bank down the street certainly interested in you.

dennis, over to you. ♪ dennis: fall tv is back. joining me now for a special is jared moses. what is your big surprise for this season? >> "sleepy hollow." dennis: i thought it was kind of gimmicky. i cannot believe it did as well. >> people like that lean back experience for tv. there is nothing more lean back then "sleepy hollow." dennis: let's talk about michael j fox versus robin williams. is the show twice as good?

>> the audience was excited to see robin williams on television. dennis: the dvr can make a difference there. >> it is today's soap. dennis: 22 million viewers. the voice on nbc. is it going to kill "american idol"? >> absolutely. dennis: "breaking bad."

>> i think that "house of cards" will take that. dennis: "doc dynasty." why is that show so successful? >> it is all about their lifestyle. about their family values. dennis: is it cool television? >> i think it is more about we cannot believe it is happening. dennis: will "scandal" really take hold? >> you can build an audience off of social media.

dennis: nice job. cheryl: we are getting some breaking news now. new comments coming from the said. what is he saying? >> it sounds like eric rosengren is keeping it as far as 2016. they will hinge the future tapering plans. that combined with the fiscal

drag under way could keep a lid on economic growth, job creation and inflation for a lot longer. he hopes it will be better by 2016. the data must ratify the feds forecast. concerns over untimely fiscal austerity here and abroad and the possibility of problems emerging in europe could cause -- quantitative easing should remain dependent on economic data.

hopefully, by 2016. he says if the economy speeds up, they can start the taper sooner. if not, the fed should be prepared. cheryl: peter barnes, thank you very much. dennis: market cubans insider-trading trial.ou we will have more on that coming up. ♪ you need a permit... to be this awesome. and you...rent from national. because only national lets you choose any car in the aisle... and go. you can even take a full-size or above, and still pay the mid-size price. (aaron) purrrft. (vo) meee-ow, business pro. meee-ow. go national. go like a pro.

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 much is the official retirement age. ♪ the question is how do you make sure you have the money you need to enjoy all of these years. ♪ help the gulf when we made recover and learn the gulf, bp from what happened so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do. we've added cutting-edge technology, like a new deepwater well cap and a state-of-the-art monitoring center, whe experts watch over all drilling activity twenty-four-seven. and we're sharing what we've learned, so we can all produce energy more safely. our commitment has never been stronger.

total ♪ >> according to the "wall street journal," a four-way way contest between top ceo candidates. he has not said when he is leaving. insiders say it could be in 2015. chrysler is recalling more than 132 vehicles. this is to fix a software glitch that could impact instrument cluster lighting and braking systems. pandora media says it has 72.000000 active online listeners at the end of

september. that is the latest from the fox business network. giving you the power to prosper. ♪

dennis: mark cuban on the hot seat. he is in solo court on trading accusations. for more, let's bring in an attorney. thank you for being with us. i know your overall approach will be to favor the sec here. mark cuban talks to the ceo of this little company and says, gap, as a matter of a fact, i will be doing another offering. i will sell. he is not on the board. he is not a company officer.

it is the responsibility of the ceo to worry about disclosure. why charge mark cuban at all? >> with regard to the ceo's behavior, i would have advised the ceo and any other person in his shoes to obtain a written agreement. the sec is basing their case on the misappropriation theory. they are treated almost equivalent of an insider. where do we get a duty of trust or confidence? one of those is there is an

agreement between eight taper and eight to be. dennis: does he come into the clear? >> no. they did not provide sufficient facts to show that there was an agreement. sec appeal zip. they kick it back. the fifth circuits factual statement or findings raise a concern of circumstantial evidence. cuban says it is fundamentally

untrue. he also had access to the investment bankers. it would suggest that there was some form of an agreement. dennis: when i i am and investos seeking information, is it not up to them not to answer? if mark cuban had gone onto twitter and is close to all of his followers, would he be in trouble now? >> those are a wide range of fax. first of all, i am not defending the company. when we do not have the circumstances and there is

anything in between, it can result in different answers. dennis: all right. thank you for being with us today. have a good day. cheryl: time for stocks now. let's head to the floor of the new york stock exchange. mark newton. you get these comments from eric rosengren. then we will hear from mr. bernanke later today. what do you say to all of this? >> we are a little down. this rally continues to be led by small caps. the russell 2000 hit new all-time highs. they continue to be resilient. it is important to note that the dow is below levels it hit back in may. we continue to see more signs of

nonchalant than any fear or worry. the second thing is, the reports will be delayed. that is having an effect of boosting things like utilities and homebuilders. things that are interest rate sensitive. they are rallying a little bit. cheryl: those lower interest rates are probably here to stay. mark newton, thank you very much. another small problem for britney spears and vegas. that is coming up in the west coast minute.s ♪ that could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph,

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cheryl: time for your west coast minute. alaska air is making a new investment. this order worth about $481 million. two planes will arrive in 2015 with more deliveries in 2016 and 2017. alaska is down by about $0.60. on the heels of hawaiian airlines boosting capacity to the west coast, delta airlines is boosting flights out of seattle. take a look at delta right now. the stock is up higher right now. this is the most important west coast story today or so i am told by one of my producers.

britney spears is worried that her new stage of planet hollywood is too small. she will be lip-synching during her to year run in vegas. a revolving door at the white house today. bank chiefs wrap up a meeting. dennis: the first interview since the government shutdown. eric rosengren joins our very own peter barnes for an exclusive interview. ♪

dominion avenue banks ceos are meeting at the white house where jpmorgan chase's jamie dimon is telling rich edson. lori: dan 2 of the stalemate in

washington sinking in. stock losses are holding even as we learn the president has summoned congressional leaders in an attempt to steal the shutdown. adam: no stopping the federal reserve this hour. exclusive interview with eric rosengrin, the shutdown delaying key economic reports. lori: wednesday is the new friday. today's payrolls report maybe the only jobs data, and the play of it. and let's head to the floor of the stock exchange and nicole petallides. markets may be rethinking matters. >> it seems that way, we are having some selling but i was reading a note, also the jpmorgan note today, it seems