♪ >> you may hate the banks, but is a shakedown okay? good morning, everyone. start with the grand total so far, $137 billion, the big banks are on the hook for all that money because the government says they're to blame for the crash. the headline today is 13 billion from j.p. morgan, maybe another 6 billion interest bank of america. those two banks are paying for the sins of mortgage related companies the government pressed them to take over. shakedown says the wall street journal. later today, the president addresses obamacare and problems surrounded by people who signed up, they say the

glitches are unacceptable. key question, will kathleen sebelius show up on capitol hill? welcome to monday morning. stocks are close to all-time highs and "varney & company" is about to begin. man ] if you he the audacity to believe your financial advisor should focus on your long-term goals, not their short-term agenda. [ woman ] if you have the nerve to believe that cookie cutters should be for cookies, not your investment strategy. if you believe in the sheer brilliance of a simple explanation. [ male announcer ] join the nearly 7 million investors who think like you do: face time and think time make a difrence. join us. [ male announcer ] at edward jones, it's how we make sense of investing. ido more with less with buss energy.hp is help. soon, the world's most intelligent servers, designed by hp, will give ups over twice the performance, using forty percent less energy. multiply that across over a thousand locations,

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>> the obamacare website a chaotic failure. the president will address it later today. the president and his staff find the technical problems quote, unacceptable. do not expect the president to call the website a failure. he will downplay the problems and call them glitches and play up the number of visits the page has gotten. not the low enrollment numbers and tomorrow, congress will hold hearings and kathleen sebelius will not attend. she says she doesn't have time to fit the hearing into her busy schedule, but she will find time to attend the kennedy forum gala tonight in boston. today, down playing the chaos, tomorrow the official in charge

will be a capitol hill no-show. we're on top of that $13 billion j.p. morgan shakedown and there are other headlines. and news on technology for you. microsoft's new tablet, the surface 2, you can buy it tomorrow. we'll show you one today on the set 10 a.m. there's a microsoft negative, it pulled its software upgrade 8.1 due to an undisclosed glitch. apple will unveil the new ipad, thinner, faster processor, and a higher resolution version of the ipad mini. netflix, 31 million subscribers, that's more customers than h.b.o. the stock is up already along with the other tech stocks. markets's going to open in just a few minutes. we will be there, but first, this. peyton manning, he got a standing ovation returning to indianapolis his former home field. the colts beat denver and dev

denver no longer undefeated. check it out. 21 people set themselves on fire to set a guinness book of world records over the weekend. the participants wore fireproof clothing and staged to raise money for a local charity. nobody was injured. a pretty good video though, back in a moment. announcer: where can an investor be a name and not a number? scotade. ron: i'm never alone with scottrade. i can always call or stop by my local office. they're nearby and ready to help. so when i have questions, i can talk to someone who knows exactly how i trade. because i don't trade like everybody. i trade like me. that's why i'm with scottrade. announcer: ranked highest in investor satisfaction with self-directed services by j.d. power and associates.

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♪ welcome back >> she's back, she's back everybody. that's liz mach you're looking at. she was off for week off on some junket no doubt. this is no laughing matter. she's got the numbers of what i'm calling the j.p. morgan shakedown. >> i'm sorry i look so tan. i look like the only georgia hamilton. and the numbers are these, 13 billion. that's the j.p. morgan possible settlement just for the civil part. meaning their sale of mortgage-backed security. that settles the california probe and 13 billion there. stuart: huge. >> still a criminal probe coming out of california. money could go higher. now, we also are looking at the total legal costs for six of the nation's top banks. 137 billion bucks spent on legal costs since 2008, stuart.

stuart: hold on a second, when you say spent on legal costs does that mean fines and settlement payouts? >> they've made that on top of the 2 trillion write-downs they say for the financial crisis. >> i've got to get to the opening of the bell, but give me the numbers fast on bank of america. they're shelling out big bucks as well? >> 6 billion also possibly to the house and finance administrator and those are the overseers of fannie and freddie. where are the penalties to fannie and freddie. stuart: i'm doing the math. 6 billion for bank of america, on top of 40 billion b of a paid out. >> potential 57 billion, the value of the securities. stuart: j.p. morgan stock is dead flat. despite the whopping 13 billion number that we just heard from liz. the overall market is open this monday morning and we're ever

so slightly up now, pretty much flat. right around 15,400, but individual stocks, names you know, are in the news and they're moving. and big profits at the golden arches, is the stock up, nicole? >> well, no. mcdonald's, golden arches not up. down 1.5% at 93.75 a share. and that's because they did well in some areas like usa. but not so well in other areas, such as asia pacific, mideast and africa and those comp sales were lower, 1.4% to the down side. what they had was a quarterly revenue miss. >> it didn't seem so long ago we were talking about mcdonald's north of 100 a share and this morning, 93. there you have it. all right, nicole, i've got to move on to tech stocks and that maybe is where the action is. take another look at google for me, please, where are we? >> we were talking about the millionaires and billionaires,

1 1,1278. and i think we got close to that today. but did not cross through today. and today is a new all time high. stuart: i don't care if it's a high or not. it's 1012, there you have it. two big names. microsoft unveiling the surface tablet tomorrow. we'll have one on the set for you tomorrow. it's pulling the latest windows update though and caused some users devices to crash and please remember, i do own microsoft stock at 35 this morning. it's up a little bit. new ipads coming from apple tomorrow. shares are down 4% this year, but up 6 bucks this morning at 515. remember the tech stocks making highs last week, look at amazon, backing up by 17 cents this morning, at 3.28. and don't forget, facebook coming off a high last week, some people can't update their statuses this morning, oh, the humanity. we're at 54.70 for facebook

right now. back to the big story, big payouts by the big banks. peter morici joins us from washington. all right, peter, i'm saying and the wall street journal is saying that this is a politicized prosecution of the banks, it's a shakedown and you say what? >> i said the same thing, i published on the street.com and said essentially that. why was j.p. morgan singled out. you think about it, they're singled out because of two banks they acquired. and mutual and a brokerage bear stearns for their acts. when the government was encouraging them to do that during the financial crisis, and pushing them to do it in a hurry when they didn't have due diligence. this is just a way of president obama taking a shot at jamie dimon for his opposition to dodd frank. >> i want you to carry this forward for me and imagine in the future when is the next bank problem. now, it's going to happen and i

mean, no amount of regulation is going to stop it happening. a small bank is going to get in troublesome where sometime. why would a big bank take over a small bank, which is in trouble. if later they're going to face huge prosecution and fines because what they did in the spirit of taking over and helping the country? >> well, absolutely. and this is standard operating procedure for the fdic. you know, when we're not dealing with the mega banks on wall street. when a smaller bank or a regional bank is in trouble it's assimilated by a peer institution with a little help from the fdic, with some money, but it's much cheaper than the fdic shuttering the bank or trying to sell it off. the fdic isn't equipped to do that. now the tool could be taken an away. they offer it on profitable terms and factor in, will the government come after me? in a world where the irs is taking down names. the smalltown bankers, many belong to the tea party and what not. perhaps you'll be singled out

for a political act that the government doesn't like, they'll pick you to go after for something one of these banks you require has done. >> it's popular. and i think, i perceive a ground swell of popularity from going after the banks and making them pay. and you say? >> well, there is a ground swell because a lot of the trading and nonsense going on. the london well was not helpful to j.p. morgan's image and the attitude and posture goldman sachs took selling securities out of one door and shorting them out another doesn't help. this is not a way to run a democracy. this is henry the viii's tactics. don't you think that some of it is not going to end up in the hands of nonprofits out there campaigning for democrats in swing districts in 2014? >> i'm smiling peter, but i know you're right.

>> henry tviii's closure of the annex, throwing them on the street for having sex. my goodness, in this history-- >> you're making for interesting tv programming there, peter, i've got to say. why did you have to bring up henry viii? make your point, liz. >> the point is, listen, j.p. morgan sources have been telling me that they picked up the insolvent bear stearns and washington mutual. a lot of bonds from the banks are at issue here and they did, they feel, have an agreement with the sec that they would not be prosecuted for the bad bonds for the insolvent institutions. if they admit to guilt, that could open the door to more lawsuits from the tort bar and could ruin their feder and state charter for j.p. morgan. if they have a criminal prosecution of the bank, which i'm not saying will happen.

then why? why wreck the bank over helping out the united states government? >> i would like to see them make it stick in court, which is an entirely different things. >> that's exactly right. >> liz, thank you. let's move on to the price of oil. right now it's around $100 per barrel. and slipped to 99 earlier. we're 100 exactly right now and that brings up the question of gas prices. the national average for regular gas now, 3.34. in kansas city, broke below 3 bucks, 2.98 is the average there. come in sandra from chicago. you follow the price of oil, our viewers tend to follow the price of gasoline. does the down side move in oil mean we're likely to get closer to a national average of 3 bucks even for gas? >> the momentum is to the down side and it's seasonally the time of yoo year we pay less

for gasoline. we're driving less in general, but i say the momentum is to the down side not just because of that, but also because of the fact that we just breached the 100 mark in oil prices for the first time since july 3rd. so we are seeing historically lower oil prices and stuart, by the way, we're seeing production up globally. that renders lower prices and globally, we're using less, not only the great signs for the global economy, but that is the fact of the matter and so, right now, all arrows are pointing to lower oil and gasoline prices. stuart: i've got to tell you, sandra, i live in new jersey and pay $3.03 a gallon for regular just the other day, which ain't bad. >> and that's full service, right? >> yes, it is, one of the few states in the nation where you may not pump your own gas. only one other state where you're not allowed to pump your own. sandra, thank you very much indeed. strong profits in hasbro helped

by my little pony. >> 7 to 8% for the upside today for hasbro. as we watch the stocks jumping, they did well particularly outside the united states much like mattel. the usa, canada, australia markets are actually weaker and as you noticed, the girl's segment seemed to be outpacing the boys segment. we'll see what happens in 2014. they're awaiting the film transformers and spider-man and may help their numbers in 2014 as well. stuart: just in, i believe google hit a new high, 1019. just hit it moments ago. i think that's the intraday high, 1019. now, we're at 1014, but look at that thing go. >> it's obviously over a thousand percent of the ipo of 85 bucks in 2004. stuart: good point, nicole. check the big picture market now.

we're down 24 points this monday morning. the retailers, i'm going to say they're looking a little desperate. some are leaking black friday deals. that's way more than a month ahead of thanksgiving. and macy's is joining the parade of stores opening on thanksgiving night. we call it, yes, desperation. what does our retail watcher say? she is next. ♪ call me any, anytime ♪ call me, you can call me any day or night, call me♪ ♪

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has moved down. 8 cents down, but $1011 as of right now. it did hit a high a few moments ago of 1019, all eyes on google. now, it's back up again, 1012 is your number. retailers, they seem to be going the extra mile to get your money this year because they always do, but this year in particular. some are leaking their block friday deals a month before black friday. our next guest calls this christmas creep. signs of desperation, maybe? let's bring in consumer trends watcher. welcome back. >> thanks for having me. stuart: game stop, they're one of those leaking the black friday deals, tell me? >> right, we saw game stop leak the, as you said the black friday deals, they usually come out with a flyer on black friday and you saw the different deals. what i thought was, it was really them trying to ride this wave of success that they were having. now, we see the stock down a

little bit today, but overall, it's been doing really well. and one of the reasons why is because of grand theft auto. so, i think this was a little bit of their strategy to try and make sure they rode that wave of success of grand theft auto and sales being so high for them. >> are they saying, come into the store on black friday and you'll get a deal on grand theft auto? is that what they're saying? >> maybe not specifically on grand theft auto, but the deals were pretty good. i mean, if you looked-- >> they spelled out the deals? >> they were spelled out and i've been dealing with black friday the last five years in a row now and i know they give out the flyers, it was the pictures of the flyers and the actual deals that were about to-- that were going to be presented on black friday. stuart: is game stop is peculiar special situation? or all of the retailers? >> the retailers, across the board, they want to make sure that they get in on this, they're a little desperate.

stuart: and they're going to work, macy's open at 8 p.m. the stores on thanksgiving night. some of the others are doing the same thing, game stop tells us about their special deals a month in advance. ask going to work? >> well, the retailer, national retail federation is expecting consumers to spend 602 billion this holiday season. according to the intuit consumer spending index, and mint.com. basically, they take 2 million users and see how much they're spending and that consumer spending was up in january and february of 2013, but they're expecting it to be down and that's why we're seeing the retailers go out and announcing their hours early for macy's on macy's hands. game stop coming out with those leaking the black friday deals. they want that consumer to be excited again. stuart: but they're not. they're not going to go out and spend like crazy this holiday. what's your opinion? you're paid to give advice to these people.

here is what's coming, folks, what are you telling them? >> telling retailers to get on the horn and actually the strategy is correct. they're very correct, and the consumers are hasty with the money and i think that they-- i don't think that we're going to see the consumer spend as much as we saw them spend back in 2011 which is the highest spend that we've seen since we've been tracking. >> that's bad news. >> black friday money. >> they haven't had a boom christmas or holiday sale-- >> since 2011. >> that wasn't a boom? >> it wasn't. and last year, it was okay, but what they want to do is have that consistency, like they saw before the recession. so-- >> okay, well it would be nice, wouldn't it? >> it would be. i'm crossing my fingers, stuart. >> you don't think it's going to happen. >> i don't. >> you don't think it's going to be a boom 2013. >> i don't think we'll see numbers before recession and not going to hit the numbers we saw in 2011 back then it was a case of frugal fatigue, people went out and spend because they

had to spend. stuart: thank you so much. we'll see you again soon. >> thank you. stuart: my take on is aloof and distant president. that's next. ♪ getting to know you, getting to know all about you♪ ♪ getting to like you, getting to hope you like me♪ ♪ getting to know you, putting it my way, but nicely♪ five tech stocks with more than a 10%... change in after-market trading. ♪ all the tech stocks with a market cap... of at least 50 billion... are up on the day. 12 low-volume stocks... breaking into 52-week highs. six upcoming earnings plays... that recently gapped up. [ male announcer ] now the world is your trading floor. get real-time market scanning wherever you are with the mobile trader app. from td ameritrade.

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>> not only is there a new microsoft tablet on sale tomorrow. get ready to see it today on the set and there's a new ipad series coming out. look at that stock go. 518 on apple. microsoft is set to unveil a tablet and what's so great about it? our tech geek says he really, really likes it. plus, a big day for housing, minutes from now we'll get the existing home sales numbers and we have the judge itching to weigh in on the shakedown of j.p. morgan. do not miss this. later this morning, president obama will address the obamacare train wreck. we are told he will say this

unfolding disaster is unacceptable. his approach is telling. it's not his policy that's a failure, but implementation by underlings. it's not me i'm above detail, it's them. here is my take on this aloof and distant president. what about bob. bill murray plays bob, referring to a psychiatrist, he's so far above us. compare that pure fiction to the all too real quote of val valerie garrett, she says he's just too talented to do what ordinary people do. really? miss garrett is the president's closest advisor and has known him for years. he's been bored to death his whole life. really? is this why he can't seem to relate to mere mortals? is this why he won't engage? time after time, this president demonizes those who disagree

with him, he looks down his nose. he's so far above us. why should a man of such talent negotiate a middle ground? im a string of victories, obamacare, the stimulus, but those victories are turning out to be failures and america is worse off. we're about to see another example of president obama keeping a distance from his own policies. three weeks into the disastrous rollout of his signature health care plan, he will admit no fundamental error, and absolutely no change of course, no. obamacare is here to stay. it's those lesser beings who messed it up. i started out suggesting that the president is aloof and distant. he is. but worse, he shows signs of arrogance, not good in the most powerful man on earth. [ male announcer ] imagine this cute blob is metamucil.

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stuart: monday, october 21, 3 big stories. your home, your healt health ca, your money. the latest on all three. moments from now, home sales, any sign of a slowdown? opinions from the inside and brings a bargain basement house with her. the guy who said obamacare is imploding. what is he saying now just an hour before the president addresses the issue? jpmorgan hit with another $13 billion in penalties. sounds like a shakedown to me. what will the judge say? we will have a new microsoft tablet onset.

and in the report from the rise in poverty in 49, count them, 49 states. ♪ stuart: here we go, realtors pay attention to this one, this is the existing home sales. 5.29 million, that is the annualized basis, annualized selling rate for existing homes. 5.29 million. okay. that is down 1.9% month to month. let's bring in time you joining us from phoenix. i'm going to repeat this because this is big news for everyone in the housing market. 5.29 million existing homes being sold at an annualized pa pace, down 1.9%. is this the pullback that you said was not going to happen?

>> do i need to eat crow this time? no, stuart, we are seeing sustainable numbers. that's what we want to see. this is not bad for housing, housing is not going down the tube. these are truly sustainable numbers. in 2013 we are headed to see a 7.5% increase in existing home sales. projections are in 2014 another 4%. we don't want big rises, we don't want big falls, we want sustainable, affordable housing. stuart: i have two reactions for you. the median home price is up, this box you up, up 11.7% over the past year. that is the median, up 11.7%. we also see the homebuilders as a stock group down because of this modest pullback in the sales pace. the selling on an annualized

basis. back to you, tonya. you told us in the past some investors are pulling back a little and they have not yet been replaced with new homebuyers, individuals buying houses to actually live in. still the case? >> truly the case. we need to, as realtors, encourage people to buy homes to live in. right now there is still a big discrepancy in what you can rent for and what you can buy for. there are so many loan programs coming to life. last week the loan applications were down to a six-year low because of what was going on with the federal government. that's outrageous. we have to give the loan applications up for people to live in these homes. stuart: but can people get loans? i constantly hear it is difficult to get a loan, difficult to qualify. here you have these big banks being charged tens of millions

of dollars. it has to influence their decision to give loans or not. go. that's you. what happened? on live television we just went to green all of a sudden. what do you have to say, charles? charles: we had it crash, cratered, get a little bit more difficult but now the owners i think is on the banks. with people saying the banks are not lending, not using up the rates, the banks are saying they are starting to. only 40% of dodd-frank is done. we see big ben's getting fined pretty heavily for making mistakes with their own money. pretty tough. stuart: we had to talk about that, $13 billion jpmorgan hit. nicole with a couple of individual stocks.

mcdonald's, for a start, costing the dow 11 points, the prophets were not what everybody wanted to see. mcdonald's stock is down. nicole: it was a quarterly revenue miss for mcdonald's down 1.5%, 93.68. weighing on the dow. it turns out here in the usa everybody loves to step on the gas and get over there to mcdonald's. my family included. you can see the numbers are getting hit today. stuart: thank you, nicole. we have to get to the jpmorgan story. reportedly they will play $13 billion in mortgage settlement with the fed. back to you. show me the jpmorgan stocks, will you? nicole: it is actually up right now. paying out $13 billion. this is all about that loans and mortgage settlements prior to the financial crisis, right?

jamie dimon has been out touting his company talking about how proud he is of his company. just working with the regulators. this is a huge payout. 13 billion. stuart: it sure is. charles, $13 billion. this is where it seems to be coming from to me. jpmorgan is being fined for the sins of bear stearns and washington mutual, companies they were asked to take over and now they have to pay for doing the good deed. charles: they do. they are very powerful organization have to wonder why they didn't fight this even more. they set aside $23 billion. maybe my mind they just wanted to get it over with. it will be interesting to see who pays the criminal finds the top part of the letter, but it is a gigantic amount of money, and you can believe next time there is some sort of extraordinary circumstance where wall street is asked to help

out, they will say no, absolutely not. not of this is the reward we get for this. stuart: wall street is being blamed entirely, entirely after the crash. it is all their fault. we bailed them out, it is all their fold, now let's make them play. -- pay. charles: the majority of americans who failed on their loans, it was before the adjustment. a lot of people said i got a teaser loan. you stopped paying before the adjustment. i can see i was paying $100 per month and then it went to a grand. you stopped paying when it was $100 per month. stuart: $4 billion eventually finding its way back to those people who did not pay off their mortgage, did not pay up on their mortgage. it will go right back to them. charles: it is like the robo signing things. because the banks, which were stupid, owed them money or had to pay them something.

stuart: why did jpmorgan have to pay out $1.28 billion for the robo mortgage story? charles: same story. instead of taking me out in november, you kick me out in march. stuart: i would like to hear what the judge things about it. microsoft coming out with a brand-new surface tablet tomorrow. we may get one a day earlier. foxnews.com science technology editor has had it for a day or two. >> i have had it for four days now. stuart: so you know this in. is it totally different from the surface one? >> it certainly is almost exactly the same from the look of it. this one is beautifully put together. stuart: you like this thing. >> it is gorgeous. it is built like a porsche. stuart: what is new? speak with a heavily updated the

software. they boosted all of the specs. it has fantastic specs. the ipad does not have usb. this has usb 3.0. hdmi output. an expansion slot. it has lots of cool specs. very high-quality hardware. what you are looking at is the software. so this runs this brand-new version of windows 8.1. the high-quality camera, it has 8.1 just came out, the new version of the software, which fixes a bunch of the problems we saw with the first version of windows which scared off a lot of consumers. have they done enough to bring people back? stuart: is this priced below the ipad? i presume it is. >> it is and it isn't. the ipad is about $600. this piece of hardware here is $450.

the keyboard, which you have to have, that is a reason to get this thing, the keyboard cost $160. so the package is about the same price. stuart: you just chalked it down. >> it is reliable. it is not going to break. stuart: you have the absolute freedom of choice, the ipad, the surface, which is it? >> given that both of these are very high-quality pieces of hardware it comes down to a software thing. if you look at the interface of the ipad it looks kind of boring and dull compared to the fun, interactive, jump out at you dynamic interface here. i like the surface a lot, but there is one big thing. the ipad has some 10 trillion apps you can download. all of these fun things. there is none of that for the surface right now. this is running windows rt.

they reimburse and this almost the same branding wise but does not do any of the same things. so it is kind of confusing, there will not be those apps. stuart: do you think it puts microsoft in the game? >> i think it does. people have is very bad impression of surface. stuart: that is music to my ears, i am a microsoft stockholder. >> i really like this thing. stuart: thank you very much indeed. one more thing. windows 8.1, microsoft pulled it because it is causing problems for some users, is that real bad? >> minor glitch with the rollout. we had a similar issue with their phones, they will either in this out. stuart: this is not an obamacare catastrophe. >> hardly. stuart: back to charles. two of his picks hitting new highs.

what do you have nicole? nicole: we are here to charles some kudos. one then you may be familiar with, another you may not with. a telecom company got an upgrade today. 4.5%, new all-time high on that one. the other one is solar city, backed by elon musk. both are up more than 430% this year, seems like anything he touches is gold. stuart: he wants to take a victory lap now? charles: i send an e-mail to the office to pick up solar city. it is some biggest gains for those who pulled the trigger. stuart: tonia is still with us, or back with us because we lost her. there she is. you brought with you the pictures of the new bargain-basement phoenix, arizona.

show us the pictures and tell us the specs. >> this home is $229,000, almost 4000 square feet. four bedrooms, two and half baths. it has a pool, a huge kitchen with granite countertops. this is a home you will not see for very long for $229,000. stuart: $229,000? is it an okay area? >> it is a good area. you will not get shot. they will not ask you for your green card, stuart. if that is what you are asking. [laughter] stuart: if i walk out the front door of that house i don't get shot, is that correct? >> that is correct. stuart: fantastic bargain. $229,000 for that. >> this home in 2006 was $392,000. then it dropped 52%, and in 2008

it was $185,000. so now we rates 29%. that shows the sustainability would talk about. that is about where the house should be price. stuart: tonda, thank you very much indeed. great stuff. >> thank you. the word implosion to describe the obamacare rollout. he will defend the use of that word next and gives us another excuse to play this from nancy pelosi. >> have to pass the bill so that you can find out what is in it. away from the fog of the controversy. [ male announcer ] sheets or bar? how do you get your bounce?

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stuart: give credit where credit is due. charles payne success ratio has been excellent. he has another one. charles: over 920 barrels of oil all-time record in north dakota. these guys 196,000 acres, they're starting to grind it down here really good.

what they will spend on drilling in 2009 it was 27 million. think about the investment they are pouring into it. in the oil jobs.com, pages and pages and pages of jobs in north dakota. this stock is acting really great, i think we have another big winner here. 25 to 50% winner here. a little above $13. stuart: you think it is up to 25, 26? charles: i think it will go up aat least $20 bid stuart: does t depend on the price of oil? charles: no business it to stay at 110 forever. but they will do well. the real big deal is how much they're putting into this in their returns. stuart: all right, thank you, charles. and just about an hour the president will address the

design flaws of obamacare. how bad is it? is it an implosion? "washington post" columnist views the headline grabbing column last week. very good to have you with us. >> thank you for having me on. stuart: about an hour from now president obama will say he will draft in the west and the brightest to fix obama cares rollout. in your opinion, and the best and the brightest fix it? >> they certainly are going to have to try. this is one of the worst rollouts of a government program in american history. obamacare is imploding before our eyes and numbers focus on how fundamental implosion is. the problem is about one half of 1% of people who went to the website were able to sign up. now the traffic has dropped 88%, some people have given up on signing up for obamacare.

8 million people visited in the first week. 500,000 people began applications. you had to begin an application just to look at the site and find out what the plans are. how many people actually sign up? it was not an embarrassing number shouting it from the rooftops. if they don't know the number, this is a number we had to look for if president obama gives us today. if the government doesn't know, how will they protect against fraud? this thing is unraveling before our eyes. stuart: if they don't get all of these people signed up by the early part of the new year, those people are going to be find for not signing up for what they cannot sign up for. it has to be a delay, right? >> that is exactly right. if they cannot fix the website, they have to delay the individual mandate. you cannot punish somebody for

not having health insurance of the government website to buy them without insurance doesn't work. without the individual mandate, the whole thing unravels. according to the congressional budget office, they'd need to get 7 million people signed up with the exchanges in order to break even. they are not even close to that number. we don't have the individual mandate to force on healthy people to buy insurance that don't think they need and get them into the exchanges, than they are not going to do it. on top of that, the plan is so unattractive. what they did was to keep the premiums low so they could advertise them, they force insurers to keep premiums low to attract people to the exchanges but the insurers responded by raising deductibles to 4000-$13,000 per year. who is going to buy insurance with $13,000 deductible? this whole thing is going to unravel because nobody's going to sign up for the plan. stuart: an hour from now the president makes his presentation. saying these glitches are

unacceptable. he will be surrounded by people who have signed up. a bit like the beginnings of obamacare. doctors saying this is great. do you think the president can rescue reputation of obamacare with settings like this? >> he will certainly try. the numbers are absolutely dismal. if he has examples, have to ask how many, mr. president. if he cannot give a number, an answer to that, that is not a complete embarrassment, the whole thing backfires on him. stuart: will she go? >> it is an absolute debacle with what happened on her watch. because of the government shutdown, nobody has been focused on this. handing a get out of jail free card for three weeks instead of talking about the disarray in the obama administration over

this with talked with the disarray in the republican party. we have given him a pass for three weeks. probably the worst three weeks obama's presidency and probably the worst three weeks for the republican party. stuart: i am sorry to press you on time, but i have 20 seconds. is there a split in the democratic party on obamacare? >> if it doesn't work, it is going to have to be at there is a big fight coming up to delay the individual mandate. if they cannot fix the website, and have to delay it, and that will be the big fight. stuart: thank you very much for joining us, mark. we do appreciate it. the obama economy the new normal? 49 states seeing an increase in poverty. the numbers, break them down after this.

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stuart: i'm going to call it, pretty much dead flat. 15,300 index. it would be up works not for mcdonald's. look at this, hasbro big success

with "my little pony" line selling well with girls. they have a nice boys line coming up later. now this, new numbers on rising poverty in america. for nine states have seen an increase in the number of families living below the poverty line just in the past year. 15% of all young people, 16 to 24 other work nor attend school. charles and sandra are with me on this one. it seems strange to me we're supposed to be in recovery mode and yet in the past year 49 states recorded increase in poverty in the last year. you say what? >> i'm sitting in one of the cities that is diverse. they have over 100,000 idle

youth. at the root of the problem is there graduated from college were not going to college, not using any of the skills they learned in higher education. not gathering any skills that would apply to a job later in life. and hence in the problem that already exists. people are out of work. they are on the decline, and if they are not educated and not working, it is going to get worse. it is a reciprocal kind of thing. charles: it is a cultural thing and a major economic thing. the less jobs report we got, we talk about the suspension rate a lot. 416 to 19-year-old white, and went down. for blacks it is around 24%. we're talking about people who have completely dropped out.

they have addressed it. one of the reasons was to whip the young people back into shape. they have parasitic kids. young kids stay at home, working part time to get enough money to buy cigarettes. they have completely dropped out. creating that sort of thing. very progressive cities. they cannot use the skills they learned. i will chill out in the mother's basement until the right job comes along his dooming this generation. stuart: i would love to continue talking about this, but we have to talk about twitter. 36% of people who join twitter do not use it. looks like a problem somewhat similar to the facebook problem,

bad numbers right before the ipo. nicole: the big difference between twitter and facebook, the same survey revealed of all those that signed up for facebook, only 7% idle and not actually using the website. the big difference is twitter got everybody to get on and sign-up for it, but so many are not using it. facebook is at least retaining those folks. twitter will have a hard time turning a profit if people signed up for it and realize they don't know what to do and they don't use it. that will be a big problem for twitter. stuart: you're still not enamored with twitter, are you, charles? charles: i like the way they are structuring the deal. it is not that it is hard to use. it is just a laborer. i have two tweet again?

you get involved with it, you really get involved with it. i can understand why they say no more. stuart: jpmorgan likely to pay a fine to the feds. causing a shakedown. what will the judge say about it? he is next. [ male announcer ] it is more than just a new car...

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stuart: president obama will speak in about one hour. he will speak about obamacare and the website issues. he will call the entire systems failure glitches. rich edson at the white house. rich, i want you to tell us what we are going to see, who is going to be behind the president as he gives this glitch analysis? rich: according to a white house official, we will see consumers, small business owners, pharmacists who have benefited from the obamacare law, and individuals who have already applied for and enrolled in quality affordable health coverage through the marketplaces. maybe a good percentage of them. they will not tell us how many of them have signed up.

stuart: it reminds me of those who got the white lab coats pushing the obamacare to make it look like doctors approved of this thing. here is the key question. in charge of obamacare, they want her to appear before congress tomorrow for hearings. they say she is scheduling problems. do you think this will put enough pressure on her to force her to show up? rich: there's a lot of pressure on the terraces and right now and we don't know where that will end up. the president says he finds this unacceptable and will make that clear today, but what exactly the consequences of that are coming white house is not explaining. stuart: we will see what the president says in less than an hour. our next guest has been waiting more than 24 hours to sound off on that $24 billion jpmorgan finding. building up quite a head of steam, everybody. here he is. judge and a napolitano.

the banks are not popular. you don't like the bailout, but what do you think of them? jpmorgan specifically $13 billion. spea>> think it is a sophisticad shakedown. eric holder's modeling himself after eliot spitzer and i wish jamie dimon whe would model himf over mark cuban and let them prove their case. what jury is going to hold jpmorgan chase liable for the documents that bear stearns sold to people when nobody currently running jpmorgan chase had anything to do with the decisions that were made then. what government prosecutors will be able to demonstrate a dollar for dollar loss on the part of the government that equals 13 billion.

stuart: the government doesn't actually have to prove their case in court because they can say this is hanging over you and the customers of the banks will say am i going to get hard with that rush of i do business with jpmorgan? >> they can make a threat like that in confidence, but not in front of a jury. for jamie dimon to cater to that threat rather than mark cuban like saying prove your case. this may not be his fault. if i were a shareholder, i would want that board out of there. this is more than half of their profit from last year going into the hands of the federal government it is not going at the hands of the people who lost money. stuart: if shareholders want this thing, they want people to get behind this, it is morally

wrong when the government can pick and choose a wealthy entity because the ceo of that wealthy entity has publicly attacked the government stewardship with the economy. stuart: take this forward, we're going to have banking problems in the future. it is going to happen in the future. some small bank at some point will be in real trouble. which big bank will take over that small bank? >> none, of course not. to make this even worse, this does not get rid of all jpmorgan chase problems with the federal government, it does not get rid of criminal problems. you may say they did not do any crimes. they could frame a series of indictments in such a way they can extract another 11 billion out of jpmorgan. their only giving away half of that. stuart: they set aside

$23 billion. they got that on one side, all of that can be committed to future charges so the shareholders say it is behind us. we have the money set aside. >> they're going to pay a fine for the privilege of losing their own money? not consistent with the constitution. stuart: it is a question of let's go forward, make some money in the future. that is what it is, judge. see that the expression "shakedown" is mild? i knew we would get to that. judge, very good stuff. you let off some steam, do you feel better? >> thank you for letting me do it. stuart: president obama is too talented to be just ordinary. what? more on that next.

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sydney. so far one person killed, but hundreds have been homeless. this is a big deal down there. the smog in china so better shut down one of china's largest cities. home to 11 million people. school suspended classes, officials blame the smog due to the heat. water has leaked over the barriers of the nuclear plant after the operators underestimated how much rain would fall. subsequently failing to pump it out. this is suffering of the earthquake back in march of 2011. valerie on president obama. we will discuss it next. [ male announcer ] imagine this cute blob is metamucil.

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stuart: let's go to the call for a check of google. where is it now? nicole: we're excited to take a look for all the fans of google. 1012. we saw it go to any record all-time high 1019. a short time ago i gave a little chat to the american universities giddens visiting from washington, d.c. trying to give them the news from jpmorgan. of course i mentioned google. if your parents bought it in 2004 at $85 they would be pretty happy today. to see it at 1019. stuart: the response to that was? nicole: they all wish.

stuart: i wish i bought google instead of microsoft, that i didn't, so here i am. nicole: you know what i was thinking earlier? earlier today you talk about microsoft and looking at the surface versus the ipad. when are you going to sell? stuart: i'm not. nicole: why? stuart: it is an embarrassing investment in the first place, why make it worse? now, valerie, president obama's closest advisor. she said the president is just too talented to do what ordinary people do. my take on that from the last hour. stuart: the president's closest advisor. she has known him for years. she goes on, he's been born his whole life. is this what he can't seem to relate to mere mortals? is this why he won't engage?

time after time this president demonizes those who disagree with him. he looks down his nose. why should a man of such talent be considered middle ground? stuart: here's what you viewers had to say about this on facebook. everybody's losing sight of the fact the sign-up is just the first of many down disaster road. timmy says it is the most narcissistic man. he expects american people to sign-up for this obamacare, yet he will not use it. julie says his transparent presidency is nothing but smoke and mirrors. the more the present attitude and approach to governing. mary is with us from the editorial board. i concluded my take by saying i think the man is arrogant. am i going too far? >> i will not fling words like that around, i will see what he has done it has not accomplished. you had a bipartisan consensus in congress to do big deals on

budget to tax, immigration with the gang of eight. and also housing reform. you have a bill in the senate. what has he done? he hasn't accomplished any of these things because he is willing to engage. whether he is arrogant or not, all i know if you have a president who is billed as above politics unable to engage in political game in congress. stuart: you have to engage in politics. >> this is a president who has a hard time taking any kind of difficult decisions. take housing. january 2011 he said let's get rid of fannie and freddie. what is happening today? another push in congress to keep fannie and freddie alive. he says one thing and does another. unfortunately for whatever reason his personality, maybe his arrogance, he hasn't surrounded himself with people who question the stuff. when you have the team advisors,

you're going to have circumstances. charles: those kind of people are in your shadow. >> compared with the bush administration. hank paulson at treasury, he has strong views. connie rice. speacharles: what about dick ch? >> dick cheney. stuart: is it a personality thing? >> i think she's afraid of taking controversial decisions that would somehow expand his political capital. unfortunately what that creates is a political vacuum in washington and that as how you get things like ted cruz and the tea party.t to engage, they are doing deals, but when the white house won't come to the table, nothing is going to happen. stuart: they have invited their political proponents. come up and watch a movie.

this president doesn't do that. >> i don't think he likes people. i don't think he likes congress. when you haven't cultivated those relationships and you don't know how to engage and you have people around you who are not counseling you this is kind of a bad idea, we have problems with obamacare, fannie and freddie, any other issue, immigration. unfortunately what you get again is a political vacuum in washington. stuart: will be watching very closely because the president is going to appear. going to explain obama cares rollout problems, but he will address that issue. it'll be interesting to see what approach he takes. is there something fundamentally wrong with obamacare, or is it those underlings who messed up implementation? >> is he going to take responsibility is the key question.

responsibly for the fact he has had a compass anything in terms of entitlement reform, they had three years to put up on the and could not do it properly. will he take responsibility? stuart: you know my answer to that. no, he will not. but we will be watching very closely. thank you very much, indeed. forget the bentley or the ferrari. how about an nfl star that drives i the next 91 mazda right choice. that is after this.

stuart: ladies and gentlemen, charles payne brings you a new stock. charles: optical communications. this was $426 in stock. there might be some room to the upside. not a lot of resistance. this could go well north of 30. optical networking is coming back. we talk about the internet crash but it was telecommunications more than anything else, they are coming back. stuart: do you sleep or spend all night looking for finisar? charles: looking for finisar. stuart: try this. washington redskins running back has been showing off his favorite car.

1991 mazda. he bought it from his pastor in college. it was recently fully restored. he calls it his baby. i like to see that. he has money, he is not chalking it away. charles: this is so amazing. a rookie, good kid. you see something like this, could you imagine a peer pressure? he came from the right source. some of these kids don't even know who their father was so they get out, blow their millions. this guy is well grounded. i would like to meet whoever his parents are as well as the pastor. stuart: more next. hen you're running a successful business. so we provide it services you can rely on. with centurylink as your trusted it partner, you'll experience reliable uptime for the network and services you depend on.

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stuart: last hour, i gave you my take. i see this as the president

being arrogant and distant. let me bring you more of your comments. all the people surrounding obamacare should have to prove that they successfully registered for obamacare. i've will have a hard time believing they found that many. he does a great job of deceiving people. but there is more to being a president and being a lack did. charles: he will blame it on the fact that there was an avalanche of traffic. he will not talk about the premiums or the other costs associated to it. stuart: that is about it from us. you will see the president 25

minutes from now. dagen: there have been some technical problems. now, can the government fix these troubles? our money man wants to know if you would trust washington with your 401(k). china crying foul. all of that and so much more on this hour of "market now." ♪ connell: a new week. come on, starbucks. dagen: they love their coffee. connell: bottom of the hour, the president will speak. another busy week of