♪ >> can you believe this? stocks are going up some more and that storm may blow off the east coast faster than we thought. give thanks. good morning, everyone, does it feel like 1999 on this thanksgiving eve? stocks are at record highs and stay tuned, we're looking at another gain moments from now. as for the weather, yeah, it's bad. air travel is a mess, but that storm, it's moving quickly. it's gone by thanksgiving and most will see sunshine on black friday, good news. president obama is anxious, that weekend website deadline

looms. the word is going out, hold off signing up, we don't want it to crash again. get this, a chef who can cook your thanksgiving turkey in a dishwasher. he's here, yeah. "varney & company" is about to begin. you make a great team. it's been that way since e day you met. itld be a question but yof blood flow.ysfunction - cialis tadalafil for daily use helps you be ready anytime the moment' right. you cabe more confident in your ability to be ready. anthe same cialis is the only daily ed tablet appred to treat ed and symptoms obph like needing to go frequently or urgently. tell your doctor about all ur medical conditions and dications, and ask if your heart is healthy enough for sexual activity. do not take cialis if you take nitrates for chest pain, as this may cause unsafe drop in blood pressure do not drink alcohol in excess with cialis. side effects may include headache, upset stach, delayed backache or muscle ache. to avoid long-term injury, seek immedte medical hel for an erection lasting more than 4 hours. if you have ansudden decrease or loss in hearing or vision,

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>> we're going to take this as good news for thanksgiving travelers. you're enduring air traffic delays, but the massive storm that brought so much disruption, it is moving through faster than expected. still hitting new york, but it is clearing out quickly. good news. about two items on obamacare for you, first off, president obama is now steering his supporters away from using the obamacare website after that sunday deadline. white house officials are worried that it could crash again if too many people try it. remember, it was supposed to be full fixed november 30th, it will not be fully fixed. the president knows that

mainstream media turned on obamacare, against it. the president told seniors aides to forget about national press, instead, he suggests holding grass root protests that will win headlines in local media, run in the newspapers, run in the local news. the spin machine is running. there are other headlines on this day before thanksgiving and here they are. the administration moves to change the rules of how tax exempt nonprofits influence elections, could have a big impact on wealthy contributors, the right hates it and the left kind of likes it. to detroit, creditors pressing the officials to put a price on art collection and maybe sell it. it's got 60,000 works of art thug rhodan's the thinker. look at that, detroit owns that. the whole thing is worth a billion dollars they say. all right, coming up next, we're going to go to the pope and comparing unfettered capitalism to tyranny, and he

says trickle down economics do not work and ou'll have my take on that at the end of this hour. >> something to be thankful for, the nasdaq closing 4,000 the first time in 13 years, we called it, tech is leading the way, will it continue to climb today? find out because the opening bell is coming up. first, listen and watch. prince william, heir to the throne of england singing on stage with john bon stage with john bo bon jovi wit taylor swift. it was for charity, but in my opinion, there goes the monarchy, listen to this. ♪ on a prayer, take my hand, we'll make it i swear♪ ♪ oh, living on a prayer hi honey, did you get e toaster cozy?

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♪ over the river and through the woods♪ >> we're keeping a watch on the airports for you, especially the northeastern corridor, obviously, so far we can only report 200 flights canceled. that's not many. but we are seeing delays at airports up and down the east

coast. as we said earlier, they're moving through faster than we thought and that's good news. we're a minute till the bell. larry levin, i'll bet tomorrow when you sit down to dinner you'll give thanks to janet yellen, aren't you? >> janet and ben. they made it fairly easy to be long the markets and the traders behind me on new records at the s&p on dow jones again and thankful for that. >> and larry, we're sitting back and i keep hearing that word 1999. are you hearing that, too, in chicago? >> yeah, a little bit. that's for sure. and it's a little bit of a surprise, but, yeah, we're hearing it. >> okay, we've opened and off we go. we're up 12, 30, 40, seconds worth of business, it's wednesday morning, the day before thanksgiving and remember, please, the nasdaq hit 16,000 and went up. it's up 33% so far this year

and we've got another small gain so far this wednesday morning. and i've got to bring your attention to hewlett-packard, nicole, how is it reacting today? >> look at the great move by hewlett-packard, up 7% and that's huge. 2682 doing well with sales and revenue and we saw it climbing, the server sales rose 10% and the networking business up 3% and meg whitman on the turn around plan and year to date up 75. >> okay, i want to concentrate on the retailers, we're about to begin the huge shopping season. there's a retailer, i'm not familiar with, it's called kilns, and it's down big, go. >> looking at tilly's right now, down 25%, the teen retailer much lower than expected profit in the latest quarter. they had weak consumer traffic. something they said was a problem and the other thing they said was problematic and i think we'll going to hear from all the retailers, increased

promotion, you know, promotion cut into argins, right? and that's not good news. >> they're fickle, these teenagers, you remember? okay, right. come on, tiffany, big rally yesterday, nice boost in sales because of asia, it's up again today. remember, at this time yesterday, tiffany had just broken 80. right now, it's at 88.40, up a little bit more this wednesday morning. shah galani i believe is in california usually in miami or someplace. are you in california today? >> yes, i tried to get out early to beat the bad weather which isn't coming and earnings downgrade and the numbers that you get apartment mystic because everything is rosier, i'm here in southern california. stuart: okay, tell me about 1999. i know you were there, i was there. and i keep hearing that expression, it's just like 1999 all over again. because the nasdaq has gone up 33% this year. now, that worries a lot of people because in the spring of 2000 we had a huge, a real big

selloff. does that word, 1999 worry you, shah galani? >> yes, it does. and it should worry everyone because we do see shades of what happened in 1999 and the euphoria is a bit overdone. and the tech stocks are leading and a good thing, with the multiple's we're experiencing and tech stocks, it's not working, it's sort of a graph for whatever is the future. and the future is usually tech. so, i think it's a little overdone. the rotation has been healthy, but really, it's been a matter of moving out of stocks and having performed, every stock that's not met its earnings expectations, especially top line has gotten hammered and where has the money gone? into tech. a little too fluffy for my liking. stuart: i want to bring your attention to two tech stocks, outstanding performers in 2013. i want to start with insys, i-n-s-y-s.

it's gone up 420% since its ipo and it's up again this morning. i know you don't know anything about insys. i'm using it as an extremely highflier in 2013. another one, x1, this is a d 3-d printer. it's up again this morning. and this is the kind of high flying stuff that you're talking about, isn't it? you think that things have gotten ahead of themselves? >> and there's nothing wrong with that if investors are smart. insys is up 400% in a year and take your profits, leave a third or quarter of the profit and it's fine. if you've been in early and enjoyed the ride it's a terrific place to get out at least most of your position and hold on for the rest of the ride. as far as 3-d printing i think there's a lot left to go.

i like the company and what they're doing with the ipo cash and putting 40 or 50 million into production systems and what they're doing, they're setting up service centers, if you will, where people can test their machinery and actually perform functions on them and obviously to buy them. i like the setup and i think even at 189% increase i would still buy this company. >> now, look at amazon, now, i'm not calling this a technology stock, although that's what it is, but just look at it, shah. it's at 383 right now. i'm pretty sure that thing has doubled in the last, 12, 15 months, that's not a technology stock, that's a gigantic corporation that really dominates on-line. and i suspect it is up because this will be the year when on-line shopping, it's not exactly coming of age, but it's going to explode this year, that's my prediction. what do you think about amazon? >> well, i think on-line shopping is always going to be moving higher. i think that's the direction of

retail in the future. as far as amazon, and it actually is very much a technology stock, if you look at amazon, take away the retail component and look at amazon for what it does in order to serve the retail public, what does it have massive infrastructure and that's used for cloud computing later and setting itself up to be a home run hit in terms of technology. i think the stock is fairly valued here, it's a little scary, but i wouldn't mind owning it here and i would have the protective stops in, anything that's risen this much, it's time to take some profit, but i like amazon in the long run. stuart: that's your message for our viewers this day before thanksgiving. if you've made a big profit, sell part of your holdings and take that money off the table and keep it, leave the rest and let it ride. >> absolutely. >> because you're worried about a sharp down side move, but we're always worried about a sharp down side move. whenever you've got this kind of explosive rally? >> but when you're managing

money that's always your prerogative to go with the flow and go with the momentum and chase yield and stocks higher, or you can particularly be somewhat cautious at times be defensive and put on some defensive positions which is something we always do. it makes sense. the markets have risen exponentially and if you look at them, a parabolic move for pretty much the major market indexes is frightening. so there's always time when you see that to take some profits. you can always reapply the money later. >> do they eat turkey in southern california? >> yes, they do, a lot of it, too. stuart: good. have a good time and happy thanksgiving to you and yours, we'll see you soon. >> good, happy thanksgiving to you. stuart: how is this for holiday spirit? the national republican senatal committee, who is their target?

shoppers. they have he a put flyers on cars, with one reading, black friday sellout calling out the obamacare disaster. so far theeads have been targeted in five states, you're going to see that get out there and shop thanksgiving and black friday. >> nicole, google having a great day. >> google, we made a big deal and it's closer and closer to 1100 and it's up today, up 3/4 of 1% and sitting right now this second at an all-time high. 11,064.62. stuart: maybe our audience and viewers generally were responding to shah galani. he says take some money off the table if you've got a stock that's really been running up and i noticed since he said that the dow has gone from a 16 point gain to a fractional loss. so, maybe we moved the market, i don't know. i want to get back to tilly's. down 25%. teenage retailer. i've never heard of them.

should i? >> you know, i have to tell you, i'm not really familiar with it. maybe look up the market cap. they're like california type surfer stuff. 26% to the down side, something's not going well. when they've missed the profits the way they have, what kind of market cap does it have. stuart: i'm laughing when you said california surfing type stuff. nicole: i like that stuff personally, i'm in. stuart: a new yorker. nicole: i guess i'm not their target audience. stuart: you're such a new yorker and i have to ask the question, do americans of greek extraction eat turkey on thanksgiving? >> no, we eat lamb-- no, of course we eat turkey! and great sides. stuart: they're killing me in my ear, i've got to go. nicole, back in a moment. check the big board now we're back up 8 points, i've got to

call it a pretty flat wednesday ahead of the big day tomorrow. up next, world renowned chef david burke and owns nine restaurants across the country and he'll keep them open. and he's here and will tell us how to cook a turkey in a dishwasher after this. ♪ a bottle of white, it all depends upon your appetite♪ ♪ i'll meet you anytime you want♪ ♪ in our italian restaurant clients are always learninmore to make their money do more. (ann) to help me plan my next move, i take scottrade's free, in-branch seminars... plus, their live webinars. i use daily market commentary to improve my strategy. and my local scorade office guides my learning every step of the way.

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>> look at this, it's a six month low for the price of oil and bodes well for gas prices, $92 and the screen went blank. time for the morning gold report.

1246.10 up $4. and earlier today when i said a chef would cook a turkey in a dishwasher, there was an audible gasp from the crew. you know his name, david burke. welcome, how are you doing? >> nice. stuart: you've got to tell you, you're going to cook a turkey in a dishwasher? >> you know, in makeup, really tough. but the idea of a dishwasher and cooking a turkey, and first of all, the water never hits it. you're wrapping the white meat turkey, first of all, in herbs and saran wrap and cooking it at the proper temperatures that white meat can be cooked and fish as well. the side of a turkey would take four to five cycles, which is over at least, a little over an hour at least in a dishwasher in my house and something that we do, a home cooking technique, don't do it at the

restaurants. stuart: do you do it at home? >> i did it before and i worked in norway in 1991, it sounds like a fish story, i caught a big salmon and didn't have it big enough and we wrapped it on the top rack and served it. it was steamed temperature and kind of the perfect way and everybody basically has a steamer in their home and that's kind of the point i want to make with this. and the anatomy of a turkey in general, the legs, are dark meat. it takes a lot longer to cook, the breast dries out when you cook a turkey, almost impossible to cook a turkey perfectly. stuart: so only the white meat part of the turkey, you wrap it, saran wrap it, herbs and the dishwasher. >> and then the broiler and caramelize it up. and the same delicious smelling

turkey and more nutrients in the meat and use it for a sandwich. you can do the dark meat, but i don't suggest that, takes a lot longer, but the dark meat you can roast under the broiler anyway. stuart: we've got to tell our viewers, you're not going to do that for your turkeys in the nine restaurants. >> no, no. stuart: dishwasher turkey is not going to be served. >> busy doing dishes. stuart: you're open. >> we're open in all except for the bloomingdale's. stuart: why are the other nine on thanksgiving? >> it's one of the best days for restaurants business and in cities like chicago where we have prime house and four restaurants in new york to entertain. a lot of people in the cities don't want to cook or homes or apartments are smaller, visitors and myself included, i in middle america perhaps where there's more homes and it's more of an at-home thing, in cities we find at that thanksgiving is one of our best days of the year and people do

like to go out and get a little spoiled, the beginning of he holiday season and hanukkah on top of thanksgiving this year coinciding with it. stuart: you've got nine restaurants and now you're going to expand to 12. what's your biggest selling point, the quality of the food which i know is superlative, i know it's good, or the name, david burke, because you're a celebrity. >> it's quality food. our brand is very good, but the brand, before the brand was created we had that quality product and we still, the number one thing is hospitality. so, it's food, but it's combined with great service, ambiance and value. >> before we close it, we've got to-- >> and this is a cookie tin that says pumpkin pie made in the dishwasher, at home. so, if you want to do it, a good gift giving, you're going to have to-- >> thank you very much indeed. you can come back. [laughter]. >> i'll come back. >> great information, for the prime rib. stuart: believe me, great information, you're a welcome guest anytime you want to come

by. >> enjoy the holidays, appreciate it. stuart: the pope says capitalism is a dictatorship. i say it's a liberator. my opinion, my take is next.

>> two days before black friday and the king of on-line

retailing, amazon hits a new high. google, look at this, a new high there as well at 1,066. coming up, the top of the hour, more and more people will be using apps on the smart phones to shop the holiday season. is this the year of smart phone on-line shopping? apparently yes, and the beastie boys in a legal fight over one of the music videos, saying a parody violates the copy right. even though they look at the message. the company who put out the parody is suing the beastie boys. that and more at the top of the hour. pope francis says the free market capitalism is a form of dictator ship. he says it devours human, and the environment. here is my take, i disagree with this in two ways, first and foremost, capitalism in my opinion is a liberator, the free choice of millions of people is the essence of

freeman. in my opinion, society benefits most when people are free to pursue their own self-interest. i know that sound like a contradiction, but it's not. when individuals are free, we collectively are better off in every way. financially and spiritually. pope john paul experienced that, experienced firsthand the horrors of a real dictatorship and we are understanding what happens when the government sticks its fist in the marketplace. and i personally do know the want my spiritual life mixed up with my political life. i go to church to save my soul, nothing to do with my vote. pope francis has linked the two. he's offered direct criticism of a specific political system. he's characterized negatively that, and i think he wants to

criticize my politics. i think that pope francis is a great man, lives without extravagance, an example to us all. this episcopalian is not critical of the man. i just wish to keep politics out of the pulpit. ♪

[ bell ringing, applause ] 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 earngs plays... that recently gapped u [ male announcer ] now the world is your ading floor. get real-time market scanning wherever you are with the mobile trader app. from td ameritrade. >> welcome to our second hour, we bring you good news. stocks up again, and that storm blowing through quickly. we've got it all, plus this. the wall street journal dan henninger on the coming

obamacare collapse. a california egislator says the president got it wrong, obamacare is it not the success that he claimed in the formerly golden state. is this the year when smart phone on-line shopping goes viral? yes, says our guest and he should know. brian kilmeade on cheating and winning in baseball. happy thanksgiving to one and all. ♪ look at this, wednesday before thanksgiving and the stock market goes up again. charles has been saying this for a long time and he's been pounding the table. the little guy has got to get into this. i take it you're pounding away again today? >> yeah, i'm pounding, listen, trying to predict or be so weary at the top that you don't participate is tough. the little guy is extreme--

extraordinarily intimidated and afraid. a guy 69 years old. 750 brand he lost in the previous crash and felt whipped around and is going to live a long time and hh's reluctantly in the market, almost everybody i meet is reluctantly in the market or thinking of selling. stuart: you have to understand, it looks a lot like 1999, doesn't it? >> it does except it doesn't. it doesn't in the sense that the euphoria isn't there. that's what i'm saying, because we're up. a lot of people are saying, we're at new highs and people are not giddy, there's a different caution, before, they would throw caution to the wind, i'll own anything, i don't care anything, write something on the napkin, take it public friday, up the next week. everybody was going to retire at 40 on an island. people are scared today. stuart: you're dead right, 1999 you went to a party and

everybody was saying you've got to get this and that. it was a rumor mill. charles: rumor mail. stuart: it's not true today. charles: not there. stuart: everybody is talking about why they should not get in because they're scared of an another repeat of the selloff after 1999. you've got to right again, but you're pounding the table. charles: i am. stuart: buy the stock you like. charles: join the 1%. [laughter] >> charles payne, join the 100. i have to get it in. and j.p. morgan raising its price target on hewlett-packard and i think it's probably giving the stock a boost, right, nicole? . nicole: the analysts are loving hewlett-packard. by the way you went to parties in 1999? and 9% to the upside hewlett-packard, a big move, less than 40 cents away from its most recent 52-week highs and you're seeing the signs for the turn around and the analysts are looking and weakness in china better than

some of the peers and some of the analysts are loving the turn around and saying that the company is bottoming and they did not warn for 2014, which also is viewed as a plus. stuart: okay, thanks, nicole. i just want to take time out to engage with charles for a second. i want to tell everybody is short story here. in 1999 i took a new job and the new job meant i could not own individual stocks, so, on december the 30th, 1999, i was the guy who sold worldcom at 60. i was the guy who was selling microsoft at 55. i was the guy who was selling all kinds of stuff, way up high. i had to sell to conform to the terms of the new job. i lucked out. charles: lucked out. stuart: i sold at the high, bloo he have -- believe it? . charles: unfortunately so many people did not. too many worldcom as in the mix. stuart: and i want to join you in the top 1%. moving on, question, is this

the year of smart phone on-line shopping? joe adler from iab mobile marketing is here and he knows a thing or two about this. joe, i know you've got new numbers. what we want to focus on people using smart phones to shop on-line this particular retail season. i think this is the year for smart phone on-line shopping. what's your numbers? >> totally agree. we released a survey that shows that 90% of parents were going to be shopping over this black friday weekend are going to be using their smart phones to help them out in various ways and of those parents, about half of them say they're going to be using their phones to help them find better prices while in stores so checking on-line prices and comparing them with retailers. 47%, no, 44% say they're actually planning on buying goods and services via their phones. and i agree that the commerce is growing in a consumer's mind compared to others. >> this thing i've just got my

first smart phone, this is my iphone and i've had it now for two weeks almost to the day. so, people using this as a tool to actually buy using this and also to get information. and this is the year where that kind of usage explodes, is it? >> absolutely. >> now, when i say explode, that's an important word, that's a very, very strong word. you agree with it? >> i do. i think last year, there were tentative signs that this phenomenon of showrooming was beginning to take off and using the smart phone to make better shoppers and this year it's mainstream and part of the last day for retail. >> we were discussing this in our editorial meeting this morning and a lot of people were saying, hold on a second, you try to shop on-line via smart phone, a lot of the on-line retailers are not that user friendly to a smart phone, but they said the exception to this was amazon, that's the one where the app just makes it dead easy. did you look at that side of

the business? >> to some extent. i'm not sure i could pick out winners, but i definitely agree that it's very much about changing the way a retailer presents contact information and the shopping cart on a phone. you can't just move what you do on pc's over to phones and expect to be successful. the screen is much smaller and interface is smaller on phones. and retailers have to learn how to serve their customers on phones as opposed to pc's. stuart: iab. >> interactive advertising bureau. stuart: what you do, you look at things like this and track the use of smart phones, right? >> phones as well as pc's. we cover all of digital media and try to help advertisers market. stuart: you weren't around ten years ago? >> we have he been around a while. the mobile piece has only been two years, the year in mobile

for a couple now. stuart: happy thanksgiving, young man. president obama steering his supporters away from the obamacare website, especially december 1st. and that's when it's supposed to be fully fixed, remember? supposed to be fully fixed november the 30th. let's bring in crystal wright, conservative-- conservative black chick, that's the name of your operation? >> yes, it is, stuart. stuart: let's move on, okay? now, what do you make of this, the president is telling his aides, don't all pile into the website all at once, please, because it might crash again, what do you make of that? >> well, it's just one excuse after another, one delay after another, with the rollout of obamacare, i'm not surprised. one minute, remember, secretary sebelius is telling people, use the 800 number, right? do everything you can, but go on the website. he's steering people away because he wants to avoid

embarrassment. as you pointed out, by the end of november the white house promised that, wait for it, 80% healthcare.gov are going to find a useful site. so it's disastrous, i don't care how you slice it or dice it. stuart: do you think, will you forecast flat-out that obamacare is going to collapse and/or be repealed? would you go that far? >> i will-- i'm not a betting gal. i don't go to vegas and bet, however, the way this thing is-- with all the delays the white house has done on its own, i think i've always said that republicans should sit bakken a watch obamacare fall in on itself. i would bet over 60% chance this thing, by the end of next year, is going to be an utter failure and there's going to be a strong push by democrats, along with republicans who first said this to repeal this, defund it, delay it into

perpetuity. stuart: okay. the administration is proposing new rules that will clamp down on the political activity of nonprofits, like the tea party, for example. look, in my opinion, that formalizes the restrictions played from the tea party, i think, illegally during the last election. do you read it the same way? is this politically biased? because the rules, the new rules would apply in the same way to both sides? >> you know, all i can say is the audacity of president obama's administration. this is the same irs that was found guilty of targeting conservative groups during the election cycle, that's conservative groups seeking tax exempt status to engage in, you know, political activity, social welfare programming, and now we have the irs coming out, they issued the rule this week saying we don't like the fact that conservative groups like american crossroads, that group was able to outraise democrats

during the 2012 election cycle. so, obama has now said the irs is going to clamp down and restrict the ability of 501 c-4's to make political donations during the 2014, 2016 cycle. this is outrageous, this is a run around congress and this president has huge disdain for citizen's united, the supreme court's decision. where is congress in this? >> this is a rule clarification, all the treasure has to do is propose it, the white house proposes it you're going to get it. and i believe it will be in place after 2014, so the next presidential. >> well, that's what they say, stuart, can we really count on the irs' word for anything? >> conservative black chick, you've got something there, you do. great name and great appearance and happy thanksgiving.

>> you, too, stuart. stuart: listen to this, bankrupt detroit looking to cash in on that city's art collection. its creditor want to sell items from the detroit institute of art. they place a value around a billion dollars on that collection. all right, charles, the city of detroit actually owns a sculpture with any i am familiar, roden's, i'm going to do this "the thinker", that's got to be worth a fortune. why is detroit owning a sculpture like that? >> detroit used to be the paris of the west. one of the most amazing cities in the entire world. this museum goes back to 1883 and when they came up with the concept. you want to talk about-- this is a current conversation at the beginning because bill gates made derogatory reports about billionaires giving money to museums about a week ago. i think we should explore that more. but let's think about this, the scrips family, very powerful rich family and put in the first 75,000 and donated 70 paintings.

75 grand of 18.9 billion today. stuart: that was way . >> way back then. the start of the museum. other people donated and rich people, the fords, the dodges, the firestones, i mean, they all gave incredible amounts of money incredible pieces of art, it was an amazing thriving time and it won't stop the bleeding, but imagine a billion dollars from the gifts of 1 percenters in history. stuart: you say sell it? >> the art market, bubbles? listen, you have no choice. it's a travesty, it's heart breaking because it doesn't solve the real problems with you know what, nothing will solve it like greece, spain and portugal. turn them on to capitalism and out of the house and start from scratch. stuart: but sell it? >> sell it. stuart: and president obama -pusing california as an exampl of how obamacare is working. but here is how the president said the whole story, we'll set

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9 bbcks right now. just look at amazon, another run being made there. 385 on amazon right now. you want to make some money? well, here is charles and his company in the feature spotlight today is ctrip.com international. it's got to be travel. charles: travel and china and a theme i talked about earlier, the amazing travel earlier. the travel services, hotels, airline tickets, and ultimately the corporate tours, you can see from the chart, they had a huge move and i think the recent pullback creates an opportunity to go back to 51 and break out there and take it to 60. i don't know why it's down so much. in the last quarter they beat by 50%, 48%, and more. and they still can't keep up and i think-- >> could it be that there's some element of distrust of the numbers out of china? >> there is an element of distrust, but when you talk to

people who sell luxury cars, watches and airplanes and those kind of things or talk to australia about the minerals and that stuff adds up. so there's no doubt to have some problems there and no doubt there's a juggernaut. stuart: we've got it, charles, thank you very much indeed. the president is using california as an example of an obamacare success. listen to what he said. >> thousands of californians are signing up every day for new health care plans. [applause] even as we're getting this darn website up to speed. [laughter] it's getting better. states like california are proving the law works. people want the financial security of health insurance. stuart: all right. is he right? is he accurate? california g.o.p. communications director is with us. mark, you're in california. you say the president is wrong in what he said. take us through it point by

point. where is he wrong? >> well, first of all, if i've got the president and paul krugman as my biggest cheerleaders, i'd be worried, so that's-- >> wait a second you're referring to the paul krugman article where it says that california is indeed a standout success and the president picked up on krugman article. >> that's right, krugman is the guy back in 1999 that was trying to convince the world that enron was doing just fine. again, these aren't the guys i want out in front screaming and yelling about the whole thing. they're touting 80,000 signups here in california and as far as the national scale, maybe wiping the table with what obamacare is doing nationwide, you know, they've got a projected 1 million signups by the end of march 2014. that was the original estimate when california opened up its doors for business. now they're trying to walk that back to manage expectations. last month we only need 700,000

by the end of march and last week i heard one spokesperson claiming it's 465,000. they know it's trouble there. hold on a second, mark. you said 80,000. they're claiming 80,000 signups, but let's be clear. that's not 80,000 people enrolled in a plan, picked a plan, signed up for it, about to pay for it. that's not the case, ask? >> not even close, in fact, the vast majority of those folks that signed up for medi-cal rather than the obamacare system. when you talk to covered california officials they can't give you a sustainability model. they've got no accountability out there. they've got 190 million dollars worth of advertising budget to try to make this plan palatable for the average californian who is looking for insurance now, but they can't tell you what the cost per lead is. i mean, it's just a ridiculous business attitude that i think is doomed for failure. stuart: now, we're used to

california always going left, but here you've got the state with about a million cancellation letters already going out, and 80,000 signups mostly for medicaid. does california really believe as a group, as a state. is california still supportive of the left and still supportive of obamacare? >> well, i think so and although those numbers are shifting fairly dramatically over the last couple of months, now that they've seen the-- not only in the national rollout, but here in california i think the media is also kind of implicit in covering up some of the problems that covers california. and an example, couple of weeks ago covered california hosted a huge event and rented out the sacramento center, and 1500 people showed up you could say it's an impressive number. they buried the lead because out of the 1500 only ten people signed up on the spot. i just think that that's a problem that the press fails to

acknowledge because they desperately want this thing to succeed. stuart: you got it. charles: mark, i kind of want to piggy back off that as stuart is asking about the list. we're seeing serious signs that maybe regular people are starting to get fed of with this. what's happening in san francisco, the pushback against silicon valley and the president visiting hollywood. if seems like the elitist, even in california might be getting that something isn't right here. >> the president's approval rating just over 50% and that was before the obamacare disaster started taking place. by and large, they're starting to see that they understand the present model in california as you extend that out in nationwide isn't sustainable. we've talked about this before and i'm hoping there's going to be a sea change so that in 2014 we can start to get more republicans elected and make changes on the positive side for business in california. stuart: good luck with that,

good luck. the day comes that california votes republican in a presidential election, i'll be long gone, i do suspect. mark sanders, we appreciate getting involved there in obamacare. >> you bet. stuart: the beastie boys locked in a legal battle with a toy company over a parody of one of their songs. it's a legal fight about this. ♪

>> check that market, please. we're up again the day before thanksgiving. look at that, up 23. close to 16-1 and now this, the beastie boys always said they never wanted their songs used for another product or company, but now, one of their most popular songs "girls" is being parodied in a new toy ad. ♪ okay. and you see the part of it. the band wants the company that made that video to take down that video.

however, the company that made the video is suing. they're suing the beastie boys and they say it's just a parody, what's wrong with that? joining us now is attorney doug burns to weigh in on this. now, you're not involved in this mutilation -- not involved in this lawsuit? >> no. stuart: it seems there's a principle here, how far can someone go to say i don't want my name, music, my band used in any way for endorsement or commercial in any way? how far does the law protect that statement? >> the expression of that sentiment is going to run into a problem with the law because there are instances, stuart, where you cannot prevent somebody from using it. they have what's called the fair use doctrine, for example. and says you can use something for an educational purpose, a nonprofit purpose and a purpose ttat's not commercially based so the point that's interesting, one of the band members who sadly passed away. stuart: yes. it was adam youch that he died

last year, he said put in his last will and testament that he didn't want their music used for commercial advertising or instances. and there are sninstances where it can be, but-- >> when it parody again, you know, and legitimate and when is it not? for example, the original beastie boys said girls who do the dishes, girls who do the laundry, masogynistic. and the parody is girls who build a spaceship. >> they say the message is great and we endorse it, the original song was derogatory to women, the new song parodies it and pumps women up to do the good things. but they said nevertheless we

don't want our music used in that fashion. you're suing us. under federal law that says if you do something and somebody raises a potential controversy, you can declare it's okay, and the reason so obviously you can clear it up. stuart: a ton of money coming out. suppose i put out a parody of the beatles? >> why don't you put a parody out of me. stuart: couldn't afford-- >> it would go viral. stuart: you're not involved in this case, on whose side do you come down? >> crystal ball. this will be held in my humble opinion to be a commercial use because the point is. stuart: legitimate? >> no, no, a copyright violation, because at the end of the day, stuart, they are using it and what the beastie boys' lawyer says, they're using it to sell the toys that's pretty clear. the parody aspect is in there to come extent, but i think

it's going to be overridden by the fact that they're trying to use it to sell their product. stuart: we've just got some news on this. >> really? >> say that again, mike. mashable says that they have pulled the parody interesting. stuart: just happened. literally. >> they were watching you. >> my prediction. stuart: yes, that was your prediction. you know, "varney & company" has some-- >> i had no idea how powerful this program was. stuart: what a show. that end the interview, does it not. [laughter] now you can have a decent thanksgiving. doug burns that was excellent and timely i've got to say and you got it right. >> my pleasure. stuart: incredible. >> a rarity. stuart: your traffic record is great. >> i'm undefeated in copyright. stuart: thank you, sir. the deadline to have the obamacare website up and running just days away. if they can't get this site up

by november 30th, does that mark the beginning of the end for the president's health care law? dan henninger will answer that question, very sharp-edge critic of obama. he's next. ♪ you really love, what would you do?" ♪ [ woman ] i'd be a writer. [ man ] i'd be a baker. [ woman ] i wanna be a pie maker. [ man ] i wanna be a pot. [ woman ] d be an architect.

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stuart: this you have got to see. the nasdaq up some more. up already out of the close last night 33% this year, now it is up another half a percent, 17 points higher, why? apple is doing well now. and amazon another new high at 385, that helps the nasdaq. the deadline to get obama cares website fixed just a few days away. not going to be fully fixed by that deadline, will not be up and running fully. what then? is this the start of the obamacare collapse? strong words. joining us this wednesday morning. welcome back. i think when this site is not fully operational by that deadline, that makes the

decision of many senate democrats really difficult, and they have said they had to start pushing for a one-year delay in the individual mandate. i sayythat is the start of wine nowwcollapse. >> it is disintegrating for sure. that does not mean it is ending. collapse does not mean obamacare the obama administration has a lot of authority. they will keep pushing and cramming obamacare into the system one way or another. the only way this is going to end is if come 2013 republicans have gained controls presidency, the senate and the house. stuart: it has to be a ccean sweep. >> president obama and hhs will not step back from this. they will keep pushing it

forward into the system, forcing hospitals and insurance companies to participate. stuart: there are at least 11 senate democrats who say they will put forward legislation which says delay this thing for a year. now if they get that through the senate, does the president veto it? >> if he can't override the veto, don't think he will. even if they do it and delay it, they will take the year to visit some of the shortcomings in the system and reintroduce it a year from now. i think we're headed toward a two-tiered medical system in this country. one in which a lot of people at the lower end and the younger people forth into the medicare exchanges, no choice over your doctor. on top of that song insurance companies will create their own private exchanges in which middle-class people will pay extra money to be able to prove

their own doctors. this essentially happened in places like germany. i don't think it is going away. president obama is not stepping back from this. stuart: even if you had that, to be extremely difficult to repeal and get rid of a system which has been in place for three years, that would be very difficult. >> it would be very difficult. they can offer people alternatives to that system in which they're able to choose their own doctors, for instance. it will be an extraordinary mess as more people have insurance company cancel them, and instead of pay for their health care expenses, they want to show people in these exchanges, that is when the rubber will hit the road. stuart: estimates and what is worse than obamacare, and your

answer was the economy. you still say the underlining economy is in rotten shape. he still say that? >> absolutely do. should be 3.3%. what the gap means is the economy is not getting sufficient jobs to hire all the people who have lost their jobs like the famous friday unemployment numbers are not even included because they stopped looking for jobs, underemployed or unemployed young people. nearly 30%, you know that is probably understated. all of those people for the last five years have had little prospect of finding work and he has done nothing for them other than outsource the economy to the federal reserve. stuart: out say president obama is one of the most successful presidents because he set out to change america and he has.

it is my judgment he has not changed it for the better, he has changed it for the worse but he has been successful in changing america. what do you say? speaker that is true, but he has made it look like france with two classes of people, those who have jobs and those who are happy and a large underclass of people who don't have work or are working in jobs with no prospect of upward opportunity for making themselves better. stuart: happy thanksgiving. >> we will be celebrating. good stuff. baseball players getting rewarded for cheating. a shortstop get suspended for using performance-enhancing drugs and then destroys his contract. as the dow goes up some more.

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stuart: i do believe this is an intraday high, it is a high outsource. up goes the dow again, and the nasdaq up by a third, and it is up again this morning.

tiffany's really big yesterday, the stock is up again breaking 88 today. hewlett-packard strong numbers yesterday, today the stock is up 8%. there is a winner. the online retailer amazon hitting another new high. that is a winner. i look at this one, google hitting a new high, 1065. apple up big, up $10. jcpenney is up today, how about that. charles payne returns in a moment. ♪

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[ male announcer ] get the all-new 2014 cla250 starting at just $29,900. stuart: the teen retailer giving a dismal forecast the stock is down big. tommy how bad it is. charles and i have never heard of it. what are we missing? >> based in irvine, california. 18 retailer with surfing type stuff. their profit is really dismal, did not impress wall street at all. goldman sachs and all the others jumping on board and downgrading it. earlier i said what is the market cap because it felt like it was small. less than 200 million compared to abercrombie and fitch 206 billion. how about buckle? that is over two, just about 2.5. less than 200 million, tiny.

stuart: nothing. thank you very much, indeed. charles is going to make us some money. first up. you have done this before. >> it is down $1 since i talked about it on the show. when a company with amazing value potential, just absolutely amazing versus poor execution. same sort of deal. the company has grown like every year about 180% every year. 100 million per year to over a billion dollars per year. the miracle going on, hopefully starting to get their execution together, but the raw potential of this company, reserves u up 169% compounded annually. on this dip it is a buy.

mr. mentioned they were reporting, they blew away the street i will not say it was dismal but the stock is getting absolutely crushed up 5% yesterday, 20% this morning. this in my mind is a significant overreaction. i do not like the one of these guys to say the street is wrong, i am right. in this case i would hope i am. stuart: appeared to getting suspended for performance-enhancing drugs means getting a raise. just sign $53 million contract. remember, he missed 50 games this past year for using those ped's. i say that is cheating and getting rewarded for it. baseball takes a black eye, what say you? >> i cannot disagree with you at all here. his signing after getting

suspended getting $53 million contract is saying we don't care what you do, we just care about your productivity, we don't care about the message you are sending or why you are at the game, this is the best chance we have to watch you win. the word biogenesis, the first guy getting suspended was this guy. he goes out and says you got me, i'm taking my 50 games. so well for the tigers into the playoffs in left field and short the cardinals say we will give you $53 million to come play for us, we need a shortstop. to me it says surveys don't matter, we pretended to be disdainful and upset when this was all exposed and no legitimacy to the sport if we do not police from within. stuart: what do you say about football? i believe steroids use is fairly widespread and proven, hgh,

human growth hormone, far widespread and proven in the nfl but nobody says anything about that, does not hurt the business. is that a total contradiction with baseball? >> we have not looked at the performance-enhancing drug use in football however it is on the docket. the classic bargaining agreement was blood test. that is how you find out about hgh. not how you find out about steroids. there is a delay of game from the union. once we find out i believe, i believe we will look at the incredibly shrinking lead because when the steelers were winning the championship the starting center 225 pounds. there is nobody under 300 pounds on the offense if our defensive lines. as human beings you or i are not big enough to play football but as human beings we have not evolved to that point where we are growing at this rate.

not much has changed. i understand we work out more and we know more, but the hgh steroid use has to be looked at quickly. if you want to solve the problem, you take a bus hitting each other. now i just feel another buzz on jet fuel, of course we're going to have increased number of head injuries. if you can just stop the use of performance-enhancing drugs by testing it you will see less usage. by a situation where one guy does not want the other guy to get an advantage. stuart: an extraordinary situation. i think they took away a great deal from baseball. it really does remain to be seen at the same thing happens to football. frankly i don't think it will, but we will see how things work out. i know you have a radio show to do. we really appreciate it. >> you are on with my audience. spiegel i'm flattered indeed.

happy thanksgiving to you and your audience. >> thank you very much. welcome to our great nation. stuart: thank you so much. $15 minimum wage. a 3d gun printing ban. have a lightning round for you. the stocks are up again.

stuart: voters in seattle voted by an extremely narrow margin to raise minimum wage in the city to $15 per hour. charles. charles: listen. stuart: we are. charles: philadelphia, let's talk about this. stuart: start with seattle. charles: the income inequality thing is skewed. when things get worse it is just going to drown out jobs. people have to have a better education to get the great jobb in seattle. seattle a lot of rich people live there. this is like california passing other tax hike. stuart: they are doing it all across the country.

in philadelphia they banned printing 3d guns. charles: maybe that is illegal, but if you own one of these things, isn't that part of the second amendment? i still have right to bear arms. if somebody else made it with the machine and sold it to me legally i should be able to keep the gun. stuart: bring the judge back, please. the post does not like capitalism, it devours human beings and the environment. charles. charles: this is a tough one. stuart: tough? charles: i'm still digesting a lot of the things they came out with yesttrday. i have to say i am not going to necessarily agree with him. i have been talking about this because there is a battle out there not necessarily socialism versus capitalism but just a rejection of capitalism

certainly in its current form and i wonder what people will think will be better than this. talk about people being used, and the theme is all over in new york city of course electing them. very successful, prosperous nation coming up. stuart: it is another trend. $15 per hour minimum wage. the pope does not like unfettered capitalism. once more taxes, that is a trend all over the world. charles: there was a time it was anticapitalism. stuart: that was john paul. your take coming up next. ya know, with new fedex one rate

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stuart: free-market capitalism is a form of dictatorship. here is what you had to say about that. jones says capitalism is a system that allows us to reap what we sell, be all we can be, and i cannot think of another system that has such freedom, well said. jesus is not a democrat or republican. when i go to church, and pushing the agenda from the all but i don't go back. you have 15 seconds. charles: you get weary when people use religion outside of religion to push a political agenda. capitalism, american-style capitalism created the greatest country on the planet and we saved so many countries, not literally, economically, we are a model everyone should be embracing including americans. happy thanksgiving to connell

mcshane and all of our viewers. connell: i used to be an altar boy. travel and shopping for the business world. can people get their fifth thanksgiving, if they do go out and brave the elements, would they feel like going back and doing shopping, numbers coming up on those topics. is it time for these guys to come out of hiding? talking about the bears at the market. one of our mission managers will tell us what he thinks. princeton is turning to an overseas the scene not approved by each the to treat this and meningitis outbreak, we will show you which companies are behind that so there is money to be made and the city concerns that may or may not surround that. tomorrow's business today, new