♪ imus in the morning >> obamacare pushes the president's approval level to a new low. and to me, disappointing enrollment numbers and now, here comes the white house pushback. good morning, everyone. 364,682 have selected a plan so far. doesn't seem like many when you need millions. 90 minutes from now, kathleen sebelius will tell congress the website is vastly improved and attack man, john poe d podesta

hired to go after republicans. and there's a budget deal. no big changes in taxes or spending, but almost certainly no government shutdown either so where is the stock market rally? we're looking for it. "varney & company" is about to begin. every day we're working to be an even better company - and to keep our commitments. and we've made a g commitment to america. bp supports nearly 250,000 jobs here. through all of our energy operations, we invest more in the u.s. than any other place in the world. in fact, we've invested over $55 billion here in the last five years - making bp america's largest energy investor. our commitment has never been stronger. yep. got all the cozies. [ grandma ] with n fedex one rate, i could ll a box and ship it r one flat rate. so i kn untilt was full. you'd be crazy not to. is tt nana? [ male announcer ] fedex one rate.

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e. stuart: latest poll numbers not good for the president according to quinnipiac, 38%. that's an all time low. and 60% say obamacare, the chief factor in shaping those views. now comes the pushback. it starts today. hhs secretary kathleen sebelius will of before congress about an hour from know you. rich edson is at capitol hill waiting to hear it. i've got the number. 364, 682 people enrolled. doesn't sound like a big number to me, but i'll bet miss

sebelius will say it's a huge improvement. what do you say? >> especially given the website problems, that's going to be the administration's spin. they say had the website not functioned or functioned properly the numbers would be higher and they say they're confident there will be a flurry of signup activity as we move forward and the response from hhs, kathleen sebelius says she'll ask her administrate general to figure out. and cmf, who signed the website. appoint a risk officer to focus on mitigating risks, stuart. stuart: and taking a rather defensive position, preempting the attacks that are probably going to come at 10:00 this morning. we'll be back to you later. the weather remains a big financial story. the bitter cold that blankets the central part of the country. below freezing across the midwest and even in texas and arizona? look at north dakota, a negative 15.

that's not all. the great lakes region, especially western new york, expecting up to two feet of snow today and tomorrow and this weekend, wait for it. the eastern seaboard, winter storm forecast for that i-95 corridor where tens of millions of people live. a wintery mix, flooding rain in the south. i say forget the shopping mall. this could be another on-line shopping bonanza. watch amazon. and thought we might see a rally today. a budget deal and no government shutdown and the dow will open flat to slightly higher. we'll figure it out and you can watch it happen right here. . [ male announcer ] what if a small compy became big business overnight? ♪ like, really big... then expanded? ♪ or their new product tanked?

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it grabbed the patient's record before we even picked himp. it found out the door we needed was at st. anne's. wiggle your toes.

[ driver ] and it got his okay on treatment from miles away. it even pulled strings with the splights. my ambulance talks with smoke alarms and pilots and adiums. but, of course, 's a good listener too. [ female announcer ] today cisco is connecting the internet of everything. so everything works like never before. >> here we go. we're off and running and another trading session, let's go to chicago where tres knippa. he's back home again. i was expecting a rally today because there's not going to be a shutdown. there is a budget deal. where is it? >> right now i think that the market participants kind of knew this wasn't a surprise that there with as a budget deal. both sides were of the negotiations were negotiating from a point of pretty severe weakness and the last government shutdown, they successfully branded that as the fault of the republicans and right now, the democrats are saddled with this obamacare

mess. so, i think both sides needed some kind of a victory and both sides are clearly going to claim just exactly that. some kind of victory. stuart: i just don't think that voters would stand for another government shutdown and congress knew it and came together for a neutral agreement. thank you very much indeed. we're off and running and that's the new york stock exchange. top left there. away we go for another trading session. the dow starting out from about 15,960 odd. we're down three-points in the early going. hold on a second. we'll see how things shake out after a couple of minutes. a big name you know, 800 watch for mastercard. what's that 800 bit? nicole, the stock please? >> it's cool when it crosses 800 would be cool if you're a shareholder and 794 is cool and how about 52-week high, all time high for mastercard and a 10 for 1 stock split and

raising the dividend by 83%. talk about trying to bring some shareholder value. stuart: you know, i remember just a couple of years ago when that stock was around $130, $140. we had a guy on the show and i said, come on, you're going to buy it at that level? it's up there already and here it is approaching 800. how about that. the opening trend is ever so-- i'm going to call it flat. we're up 3 points, that's flat. a couple of months ago, the president pushed for gun control after mass shootings in washington and chicago. wouldn't you know it, that gave gun maker smith & wesson sales a nice boost and look at the stock, up 5% this morning and you know how you get a big discount on your phone when you sign up for long-term contract. you get a discount on the phone itself. at&t's ceo randall stevenson says his company can't keep doing that. at&t stock dead flat. no change. we watched twitter and yahoo! hit new highs yesterday. where are they now, nicole?

start with twitter, please. >> well, you have a winner here, oh, it's okay. see, you should have come to me a little sooner. [laughter] right now twitter now is in negative territory down by 2 cents at 51.97, but it did get up to 52.77. it would have been a new high. stuart: what about yahoo!? i'm coming to you on time. >> a new high yesterday, and you had the analyst comments. today down about 1/2 a percent at 40.05 a share. stuart: and the dow is now up 20 points and we're almost at 16,000 again. health and human services secretary, kathleen sebelius testified before congress in a few moments and kicking off what i'm calling a pro obamacare pr push, touting the success of the health care law. and congressman marsha blackburn of tennessee will be at that hearing and i've got a

number. over 300,000 people in november and december selected a plan. what's your reaction to that number? >> well, what we would like to know out of that with those that selected a plan, how many have played that first premium. pardon me, how many are actually in the queu and completed the full enrollment and as she comes before us this morning, that's one. things we are going to say, what are the real numbers, because following obamacare by the numbers is becoming quite a sport. stuart: i think that number those 364,000 both in october and november, my initial reaction is that's a low number. >> oh, very low. stuart: if you need millions by the early part of next year, 364,000 in two months does not make it. >> no, because we're needing 7 million enrollees by that period of time and of course, one of the things we know is so many who have gone to that website and have enrolled have gone into medicaid. and that's not what they were

looking for and i think we're looking at a -- a lot of money that's going to have to go into this out of the general fund to keep this program afloat, unless they decide to make some pretty drastic changes. stuart: what you're referring to, i think, is a bailout that the insurance companies, because if they don't get enough young, healthy people signing up and they start to lose money, i believe it's in the obamacare legislation that taxpayer money props up the health care insurance. that's under the health care companies. >> of course, it would be. and we are very concerned about the track that they are on. we're concerned about the cost. we're concerned about the data security. we're concerned about the delays. and you look at a program that's just crumbling from the inside out, and on top of this now, secretary sebelius has, according to the associated press, decided she's going to have the rollout costs, and

building the website, et cetera, the contracting investigated. so, we're-- >> that's preemptive. she knows you're going to attack her on that basis, and she'll say oh, i've launched an investigation. >> it will be interesting to see how she investigates herself. stuart: indeed. are you still calling for her resignation. >> i certainly am. stuart: marsha blackburn, everyone, a frequent guest on this program. we appreciate it. >> absolutely. stuart: and let's stay on obamacare, please, the subject of the month, the day and probably the year. here is from las vegas, express employment professionals, the ceo, and the former kansas city fed chair. so, welcome back to the program. obvious question. >> good morning. stuart: about obamacare, that's what everybody wants to know about here, is it affectingg employment? you should know this. how is it affecting employment? tell us. >> out here on main street, it's affecting employment because many companies are

still anticipating what they might do or what the government's going to do to them and of course, we know the supreme court decided that it was a tax rather than the health care program, so, companies are concerned about their budgets for next year. many of them, of course, have delayed their budget not knowing, of course, what their costs are going to be and it's unfortunate. stuart: and yet, we just have the unemployment rate drop to 7% even. the unemployment rate came down, implying that the employment market is improving. would you see it that way from your point of view? >> our point of view, of course, is that many of the people have dropped off looking forejobs and that's really important to us because there are some jobs out there that are available. we just don't have the right skills to fill those jobs that we need. that goes back to, of course, our educational system as well, but many of them have dropped out of the market and consequently, the labor force participation rate is still at the 1978 level.

so we're really concerned that unemployment really hasn't dropped that much as the numbers on the unemployment side. stuart: seems like the group of people that's taking it on the chin, most of all, are young people who don't have a great level of education. they really are hurting badly, are they not? >> they are hurting badly and of course, the staffing industry has been a six to nine month indicator of the economy and what we're seeing is that the young people can't find the jobs and of course, now, labor is attacking, if you will, the low paying jobs where the people learn their skills and pick up their skills like they do when they're being placed by us in the staffing industry. this last year express placed about 250,000 new people on new jobs. but most of those, of course, are people who are looking for training and looking for upward mobility in their jobs. stuart: okay, now, if you look at your results, your company's

results and you project out six to nine months, well into next year, into the summer and fall of next year, how does the economy look, how does the employment situation look? >> it looks like it will improve a little bit, but it certainly is going to be flat, we believe, because of the governmental issues that are upon us and of course, government taking more of the bite out of the profits of the companies, it i can -- particularly the medium and small-sized companies and particularly the obamacare, and they just are waiting and waiting to see whether they can afford to put people to work and that's really what we're all about is trying to help people find jobs and find companies find great people. so, it's going to be a little sluggish, we believe, through 2014. stuart: bob, we hear it and thank you for being with us today, we appreciate it. >> thank you, sir. stuart: check the big board, where are we? it's wednesday morning and we're off and running.

you hear about a santa claus rally, a year-end rally, whatever. right now we're up to 15,988. i've got a question for dr. marc siegel. aren't doctors pill pushing? this is strongly worded, are they legal drug dealers? harsh language? according to a new report that might be close to the truth. the doctor is next. ♪ ♪ listen to the doctor (announcer) at scottrade, our clients trade and invest exactly how they want. with scottrade's online banking, i get one view of my bank and brokerage accounts with one login... to easily move my money when i need to. plus, when i call my local scottrade office,

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so ally bank has a that wothat's correct.a rate. cause i'm really nervous about getting trapped. why's at? uh, mark? ♪ i have my reasons. look, you don't have to feel trapped with our raise your rate cd. if our rate on this cd goes up, yours can too. ohhat sounds nice. don't feel trapped with the ally raise your rate cd. ally bank. your money needs an ally. >> yeah, we've got a budget deal. no government shutdown, but it's a dead flat market. we're up 6 points. how about the price of gold, 1259.80 as of right now, oh,

please, look at mastercard. the stock just moved above 800, 801. they improved the dividend. 10-1 stock split and the market loves it, it's up $37. now this, a story from "the washington post," actually. they report that doctors get drugs, brand name drugs from the manufacturer at a nice discount, but they turn around and sell them for full price. if doctors are doing that, doesn't that make them look bad? dr. mark siegel is here. aren't you? >> yes. stuart: you look-- >> i'm not a culprit. stuart: okay. >> let me explain what group we're talking about here. for the most part we're talking oncologists who sell chemo that they get at a discount and then make a markup on it and they can get 6% of a medicare cost. stuart: is that legit, doctor? >> right now it's legit under the federal government, but it's going to be clamped down on. is it legit for the reasons you presented it? no, i don't think it's

ethically legitimate to not be honest about this. stuart: wait a second, i have to ask, does this dominate treatment? are doctors going to prescribe expensive drugs knowing they can make a profit on them? that's terrible. >> anybody who does that is unethical. stuart: they're doing it? >> most aren't doing it because most don't have the ability to prescribe drugs. you can't own your mri, most the time. can't own your cat scan, you can own your own emg commitment. a neurologist could theoretically order those. and a surgeon who says, a knee replacement, maybe you need one. there's a little of that going on and also a fda problem and your producers pointed out something interesting to me, aventis, a drug used for macular degeneration, it's spot on, state of the art, that aventis is much cheaper than

another drug that is $2,000 for treatment and aventis is 50 to 100. and it's much cheaper. they're doing it to make a buck. and the problem, the fda. the fda only approved the lucentis for on label use. when doctors go off label they put themselves at risk. stuart: for a lawsuit. the lawyer says you know the fda didn't approve it for that treatment. charle charles:. >> the fda better get on this, we know they both work and make it the cheaper medication. stuart: they've got to know it works according to their standards and test. they can't go willy nilly. charles: it's almost an identical drug. i talked to our chief op th

ophthalmologist. he should respond to what the leaders of ophthalmology say. it's not always dr. greed, sometimes it's fda fumbling. stuart: i'm not used to the idea that doctors are greedy, i hold them in a high status and think they're wonderful people and fulfilling a calling. the idea that they should be grubbing around in extra profit in a drug that people need, i don't like that. >> i know where you're going for that and i agree. doctors are human beings, some have a calling. you have a calling. not everyone on tv is a scrupulous as yoo and not everyone looks at medicine as a calling, hippocratic oath, i do, but not everybody does. in the climate of obamacare, it brings out the bottom feeders, the criminals morn, scrambling, can't make the usual buck. stuart: you're being-- what you are paid under

obamacare is going down, right? >> fees are going down. doctors fees are going down across the board. medicare, private insurance, that's why insurance companies have to cut. you front load the system with preexisting conditions, bells and whistles, mammograms paid for, u? want a profit and let's cut the doctor, he can't do anything about it. let's cut the hospital. stuart: we had a story earlier this week about a tonsil ectomy which some plans in california would only reimburse the doctor to the tune of i think $114 for a tonsillectomy for heavens sake. you can't do a tonsillectomy and stay in business at that price, you can't do it. >> the total knee replacement medicare is replacing 7 or 800. that may sound a lot, but do you know how much down time is involved with knee replacement. scrub in, prepare for the case, it's two or three hours minimum not including operating time.

stuart: is that just for the doctor? just the doctor? >> that's for the orthopedic. stuart: 800. >> at the most. stuart: and doesn't cover the anesthesiologist. charles: i don't think that 7 or 800 is a lot it pay an orthopedic. stuart: i don't use an anesthesiologist for a knee replacement i thought you were going to say. >> i'm not coming out on the side of greed here. there's no excuse for this. i'm on the side of the hippocratic oath. stuart: we like to hear it, that's why you're here. dr. marc siegel. which camera? i've got so many in this new studio. teachers union planning a protest on monday. why you ask? i say because the unions are getting desperate. my take on that next. ♪ tñ

>> on-line discount coupons otherwise known as groupon. a bank likes them and up goes the stock by 4%, not bad, huh? and then we have cookies. you know there's cookies that

internet sites use to see what you like and then they target ads to you. there are the cookies. how do you feel about the nsa doing the same thing and how do you think the judge feels about that? well, he's here next hour. plus, the shampoo ad that's exposing gender double standards. men and women paying the same way and perceived very differently. dr. ablow responds to that. next monday, the teachers unions will take to the streets. there will be rallies across the country to quote, reclaim the promise of public education. here is my take. are you getting a little tired of this? i think that teachers do a difficult and demanding job and they do it well. but the site of union members taking to the streets and chanting demands for the cameras really turns me off. teaching is a profession. professionals should not be taking to the streets. will you respect doctors if

they were out there demanding tenure? so why are the teachers unions doing this? because, number one, they're desperate. they're losing members, losing revenue, and rapidly losing public support. number two, i think they sense a political shift. the teachers unions are a mainstay of the democrat party in lockstep with president obama, but the times are changing and as the left begins to fade, the unions realize they're out in the cold. so, the amount of a very noisy campaign to reclaim the promise of public education, good luck with that. with a big family i have come to know a lot of teachers and they've all been solid, hard-working educators. i respect them, i admire them big time. but the union, that's where you lose me. i'm tired of the bureaucracy, the tenure, the defense of very poor performers, the chanting in the streets? bring on the charter schools. give vouchers a shot and frankly, deunion completely.

i want a competitive education marketplace, not a stalinist union monopoly and come monday let's see just how many union members are out there chanting in the streets, shall we? every day we're working to be an even better company -

and to keep our commitments. and we've made a big commitment to america. bp supports nearly 250,000 jobs here. through all of our energy operations, we invest more in the u.s. than any other place in the world. in fact, we've invested over $55 billion here in the last five years - making bp america's largest energy investor. our commitment has never been stronger. >> kathleen sebelius launches the obamacare push back as the president sinks in the polls.

we have all of that and this too. tea party guy mark mcelroy on the budget deal. i doubt he likes it. conservative black take is here with advice for republicans. the judge mad as hell at cookies. we will explain that one. penn team users exposed as gender stereotypes to sell its product. survey says microsoft's x box i will be sony's play station iv and the polk is time's man of the year. ted cruz can number 5. kathleen sebelius meets congress now. the obama care pr battle is about to begin. expect health and human services secretary to defend the health lot. an hour ago we received this

number, 364,682. that is how many people have select a plan in october and november combined. we will monitor the hearing and bring you any fireworks through the houu, 364,000 seems like a low number to me. check the big board, half an hour into the trading session, 36 points lower for the dow as of right now. charles, come in to this. we have a budget deal, the government won't shutdown come january. i thought we might get a stock try and -- stock market rally. russell senate office building the market was up during the shutdown. economic data got better, private hiring was up during the shutdown. this notion that the shutdown is bad for america is on myth. a public relations myth by the mainstream media and the democratic party. the shutdown was fantastic. only thing that wall street on edge was the debt ceiling debate but when it came to the shutdown, if hundred thousand non-essential workers not

dreaming the koppers didn't pretty economy. >> you are right. i and some other people drink kool-aid. russell senate office building lot was out there. a lot of republican strength the kool-aid. >> sorry about this. you are dead right. the market went up during the shutdown. if we got no shutdown there is no reason for the market to go up. it is down unless there is a news out at 10:00 two minutes ago. i am not aware of it. russell senate office building the bias was weak, some good news in the morning and some bad news, earnings were not great. >> let's move on. ready for this? mark mcclure is here, tea party patriots co-founder right here. you don't like the budget deal. >> of course not. it is a good deal for those who like bigger government and spending will increase, they have budget, if they even come.

twenty-three billion, 1 thousand of 1% roughly per year after the budget and they will never come. i predict those cuts will never happen. >> to do otherwise, to have stood on principle, i want entitlement reform, i want tax reform. we don't get it, we will shut the government down, that is an unrealistic position to take. >> the position to take is the position in favor of the majority of american people, not republicans, not tea party years, 60% of americans say the federal government is too big. the question is who is going to stand up for the majority of the american people. russell senate office building people say that except when it is time to cut their part of the too big. i agree it is too big but don't take away what i like. how do you get through that? you think it is too big and i will take away something you like. >> look at sequester and how that plays out. it was demand gloom, the economy

would come crashing down and the argument was made, the vast majority of americans say they felt absolutely nothing from the sequestered. >> if you were to cut social security, if you were to raise the retirement age, that will be demagogue to death. >> it was not even discussed. this debate was not in congress at this time and the american people deserve a fair debate. >> let's go to obamacare in your position on it. some poll numbers we quoted before. only 38% approve of the president's job performance, an all-time low. from the wall street journal 54% disapprove of his performance, a new high, 60% say obamacare was the chief factor in shaping their views. i want this thing kill. i want obamacare repealed in full but i am a realist. it is not going to happen. >> not going to happen in the course of this congress.

we don't have the majority in the senate to make it happen, the president would sign it even if we did. i don't believe we will get a repeal right now but it is important for the republicans to keep that on the table, keep talking and keep pinning the blame where it belongs, on the democratic party. >> can't you make political hay over the chaotic rollout and the chaotic performance of our entire health care system? you can make a lot of -- >> people and making the appropriate hang out of that. i heard too many appendix amused by the failings of obamacare. real americans are hurting every day across the country. people are losing their insurance, premiums are going up and is going to get worse. >> stay right there. i want to break away to the markets. the team retailer urban outfitters say sales are up. the stock. nicolmac the stock is up because what they have seen so far this holiday season, it has been good

news, talking about competition for the holidays. discounting and promotions. we are hearing urban outfitters, mid single-digit percentage so far. that is up from last year. >> the dow down 44 points after 36 minutes of business this wednesday morning. florida democrat congressman alan grayson, a very well-known and outspoken harsh critic of the rich and capitalism generally, lost $18 million in an investment scheme. not just a critic of capitalism but has been extremely harsh on the tea party. he sent this image of a burning cross being used as the tea in tea party. you are still here. that was a low blow, wasn't it? >> it is what we expect from alan grayson, the primary

practitioner of the politics of hate. his goal is to divide americans. nobody should be listening to him. >> i don't think he has ever gone to a tea party event, i have been too a dozen, you sit there and talk to some middle-aged woman, who never had politics, never political before but started reading the papers and look at the tea leaves and say i want to protest. i don't know what it will lead to, and let them be demagogues to the point that even a congressman can join the bandwagon. the president has accountability for abetting this divisiveness grow and fanning the flames. >> a practitioner of the same politics, profitable for him dividing america is what has elevated obama and he will continue but he has the moral responsibility to lead the nation in a better way but doesn't show that responsibility. >> little more on alan grayson and how he comes to have

$18 million to lose. ed butowksi manages money. grayson got some massive returns on investments. he put money in in 2007, got 147% return, an increase in his capital by 2013. that, you manage money, could you get a performance like that? >> only if i was taking a tremendous amount of risk. doctor at low needs to sit down with grace and because there's a lot to the story that doesn't add up. the first thing is he went and took a huge risk at one time and it turned out to be the same scheme was proven to be fraudulent and brought a lawsuit and he went back and did the same bonehead move again. i don't understand this man. those returns can come from someone taking tremendous risk and someone who has a lot of money, grace and made a lot of money legitimately by being part

owner of a company that did very well so if he doesn't like capitalism he doesn't like himself because that is where he made his money. >> i want more on the scheme he invested in place. you said this was an attempt to avoid capital gains taxes. russell senate office building the first one he was involved in they marketed it as you don't want to pay capital gains come to us. you are not selling your stock, you are lending it. you don't have a capital gain but still get the cash nonetheless. he sued them and won $34 million. whether he was paid or not i don't know. the risk part i don't agree with. there's something more to this because 2007 at the peak, talking about the market crashing and coming back and i could see if he said he fought at the low -- >> the market was at a high. before the american public deserves to know because if they were small companies that were somehow manipulate or somehow

benefited from his position of power we need to know that as the american public. >> let me add that i read a lot about this and the defense attorney for the company that literally stole money from him, you will find this interesting, his commodity performed very well. she didn't say in the defense that his stocks performed well. there's a lot more to this story. doesn't add up and i agree it was his opportunity to avoid taxes. there is a way you can borrow against legitimate stock at 50% of their value, a legitimate way to borrow money if you want a loan. i don't believe for a moment he was trying to do anything except avoid taxes but having said that to do it twice is one thing but also the was invested in commodities, not stocks. there is more to this story. >> a man like alan grayson who is an arch foe of capitalism,

very harsh critic of republicans and as you said the tea party, when he has the $18 million to lose and invests in two schemes to e evade capital gains taxes twice, that makes me wonder. russell senate office building disingenuous at best. >> thanks for being with us today. we appreciate it. two stocks for you. the first is the horse race stock of the day mastercard, it was above it hundred moments ago, now it is at 797 and still up $34. it has a stock split coming and an increased dividend. yahoo! hit $40 a share yesterday, down today. charles, that is not the same company that was a year ago. russell senate office building two things going for you. the ceo in fused a tremendous amount of energy and positive vibes from wall street, given

the benefit of the doubt and ali baba's position becomes better and better. >> explained that. ali baba is the chinese version of internet selling. it is ebay and amazon combined. russell senate office building yesterday or monday they actually rent a company called higher which is a china appliance maker and all that stuff, give them $350 million so they can use their distribution center for themselves and to build them out. they are building a footprint in china that probably will never be duplicated. >> yahoo! has a piece. that is the mainstay of yahoo!. russell senate office building that is responsible for the last five or six points. >> yahoo! is a china play. russell senate office building you know what is interesting? since we started talking cybermonday versus black friday all the internet related stocks have taken off. twitter, facebook, yahoo! really feels like all the scuttlebutt,

all hype over internet, it is here right now. >> thank you for joining us. advertisers use them to target internet ads. now it is revealed that the nsa is using them to target people for acting. they are called cookies. the judge is not happy about it and he is next. hi honey, did you get e toaster cozy? yep. got all the cozies. [ grandma ] with n fedex one rate, i could ll a box and ship it r one flat rate. so i kn untilt was full.

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>> time magazine named pope francis it's person of the year. the judge and i had some disagreements with pope francis about the importance of free-market capitalism. your response to man of the year. before the appropriate choice. whether you agree with him or not he made a gigantic splash and making waves all over the world and particularly for the catholic church is an amazing choice so far. >> three cheers for this. russell senate office building was the number one choice.

andymac why are you looking at me like that? i love the pope because he is the polk. who cares? >> excellent. that is the end of the story. charles is going to make some money with a company i remember from the distant past, harman international industries. russell senate office building before you switched to the minivan, when you were younger they make the speakers but there's a lot more dynamic. audio speakers, to be honest they have three divisions. that is the lifestyle division. another one is navigation and also professional, and last quarter there and count, pats and filings 5,200 of them for $4,900. this is a technology company. you don't have to worry about picking a car company that will

solve the most cars. and this is all around the world and in your home and everywhere else and the company has done extraordinarily well turning it around in execution and it is a more conservative play too. >> the best sound system in any car i ever bought, the best sound system. the chrysler town and country van has the best sound system. andymac do you mean best sound or least cost? >> best sound. dollar for dollar the chrysler town and country -- russell senate office building it is nice but what chrysler gave me was not bad. >> your reputation is renowned. >> are you calling me cheap? let me get back to the prompter and read the script. you know what a computer key is?

computer data that advertises you to track your interests to target online ads to you specifically. the government is using them. the script says to spy on you. and that is a pejorative term, sure judgment upon a would agree with that. would you think? -- i know what a cookie is. you get a cookie in your computer by visiting a web site which then checks uu and you. have i got that right? andy: how does the nsa know you have visited a website? how is the nsa aware that the cookie is there so they can follow the cookie and live a doing this? how did they know it? they are totally lawless and out-of-control, they are so deep into their culture of we can spy on anybody for any reaaon we

want whether there is probable cause of crime or terrorist activity or aberrant behavior, nothing will stop them. >> terrorism changed the ball game. these bad guys can do that, we'd better watch out. i want to know who is out there doing this. judge napolitano: if you are willing to give up all freedom in order to do that what society is the nsa preserving others and their own power base? they need to operate within a law like the rest of us. pmi disappointed? absolutely. at my surprise? of course not. i going to continue to use the cookies? they will must congress pulls them back because this president won't pull them back. is president with an spot on him. stuart: i want to be safe from

the bad guys, a government that won't monitor your every move. stuart: not want to be free from the feeling i'm being watched, tracked and looked at wherever i go. judge napolitano: you are not ffee from that. stuart: i never will be no matter what you do. judge napolitano: you might be free from that because neither -- money is the mother's milk of this. you might be free from that if the congress denied the nsa the money it needs for the data mining. surveying everybody. if the nsa followed -- six folks in the house of representatives. bernard: i will never be free of the feeling i'm being looked at by the presence of cameras everywhere. judge napolitano: you can think our friends on the other side of the pond for that. stuart: the british? they have nothing to do with it. it is technology. once you have the ability to look at everybody all the time it is there. stuart:

judge napolitano: the government will not obey it own laws but cannot spend money it does not and if congress forbids the data mining, that is when five bad people in new york city we have to listen to eight million phone calls to find a five and instead says you find evidence about five and get a search warrant to listen to them you will feel free. stuart: so -- judge napolitano: that is what the constitution requires. the won't obey the law until they can afford to spot. stuart: when if i thought the five best bad guys had a new in new york city -- judge napolitano: this conversation -- stuart: i could care less. judge napolitano: big government loves you, big brother love you. test your literary knowledge. emanual will steam loves you, 1984. judge napolitano: what did george orwell predict in 1984? people said he is a delusional paranoid. he was only off by one generation. stuart: we should rerun last week's interview. judge napolitano: this keeps happening over and over again

like groundhog day. we wake up each morning and find out what ed snowden has revealed that is worse than when he revealed the day before. stuart: i want to be saved from those wicked people. and the government might keep me safe by checking on those people. judge napolitano: the government's job is to keep us free and safe. adidas a fanned not free. judge napolitano: -- charles: who should have been person of the year? judge napolitano: i think ed snowden has demonstrated extraordinary courage and fidelity to the constitution greater than anybody in the government. stuart: thank heavens time is up. charles: time for a commercial break. stuart: you are out of here. judge napolitano: i never had that said to me by person admire sell much. stuart: i am half staff from them shouting at me. we are calling it the battle for your living room. after the break someone says microsoft with the x box 1 will be the winner. find out about it in a moment.

stuart: we are monitoring the hearing, just confirm today's enrollment number 354,000 people selected a plan in october,

november, that is not people who actually paid just confirm that. the battle for the living room between sony playstation four and the xbox one. the managing director is here. you did the survey, didn't you? and what basis would you say it has one living room? >> we have been in the market survey here in the states all who intend to purchase a game console in the holiday season. xbox is within that very important demographic. the family. stuart: why? speak of their as more innovative, the game experience is perceived to be better, and broader entertainment play is perceived to be better. stuart: broader entertainment play.

the xbox one as the focal point of where you do the living, your living room and the xbox one wins that battle. >> bringing it to the floor with integration and the like, xbox is looking like the clear winner to us. you can talk to it, it watches your gestures, you can interact with it. stuart: i played with one of those things, i did the voice control bitcomet worked with me even with the british accent it worked. but what about the hand gestures? >> kinect can work with you and your body and you can control the screen as you move your arms and your hands. stuart: and you compared directly xbox one and playstation four. >> and the wii u.

we expect them both to get over the threshold. but we expect xbox to win because it is taking share away from the family that used to have a nintendo wii. people migrating from the wii platform are going to the xbox platform. stuart: i'm surprised xbox one plays such a big role in microsoft. they are just milking the pc operating system. charles: you never here the analyst talk about it in terms of the stock or the bottom line. always a loss leader. always a new excitement over who the new ceo will be. they have had great success there. >> to have a real play there. charles: can they spin that out? >> it would be nice standalone. stuart: he says xbox one from microsoft is the winner.

charles: they flip every other week. stuart: obamacare disaster, the president's approval rating 38% because of obamacare. democrats face a big problem next year though. we reveal that big problem after the break. [ale announcer ] e new new york is open. open to innovation. open to ambition. open to boldids. that's why n york has a new plan -- dozens of tax free zones all across the state. move here, expand here, or start a new business here and pay no taxes for ten years...

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every day we're working to and to keep our commitments. and we've made a big commitment to america. bp supports nearly 250,000 jobs here. through all of our energy operation we invest more in the u.s. than any other place in the world. in fact, we've invested over $55 billion here in the last five years -

making bp america's largest energy investor. our commitment has never been stronger. stuart: ben affleck sitting right there, a big fundraiser for the democrats, he says he has a hard time watching an actor who is a republican. i can actually understand that because i have a hard time watching sean penn. charles: about the movie "milk" on dvd, and i cannot watch it. his job is make-believe, he can make believe anything else but he cannot make believe the role of the other person. it is really ridiculous. an epiphany a funny in politics. we will see. stuart: our next guest says the republican party still has a

minority problem. joining us now, editor of the blog conservative black chick. may i call you a conservative black chick without being offensive? >> why, yes you may, stuart. stuart: people of color who don't vote republican at this point, that is a statement of fact. what should republicans do about it? >> republicans had to get into the communities where blacks are living and be unafraid to take the conservative message to black americans. let's not forget black americans voted republican consistently after slavery ended from reconstruction up through prior to the civil rights act being passed when johnson was president. that is when the black vote went off the cliff. we all know the reason romney lost and others is because he failed to garner a significant amount of minority and women

vote. i don't understand how he reports to have to issue. stuart: say a white male republican goes to a black audience, they will be getting a very harsh response and the cameras will be there. and that will be used by their opponents say look at them, trying to make nice with the people of color. >> senator rand paul going out in the community. you bring in somebody like me with rand paul. there are white, male republicans like governor huckabee. he got his 20-40% of the black vote he ran for governor each time. he partnered with black conservatives saying i have a message, listen to it.

not just touting out older white men. they are not representative of all america. i like you. stuart: we just love you. stuart: listen to this for a second, i want you to pass judgment. when asked for his opinion, legendary football player jim brown did not pull a punch. that is a difficult one, he said. i like him as a human being but somehow it seems he is in over his head. he went on to say he would give the president a c grade for his time in office. charles: i think that was an honest assessment. c may be a high grade. he has always been straightforward, he is being honest, he supported the president and the president is

doing a terrible job of executing the duties of president of the united states. stuart: how would it appeared how to be received if a male republican said exactly the same thing accusing the president of incompetence and giving him almost a failing grade? >> senator mitch mcconnell has been called a racist, right? i have been called a racist, i try to judge the president on his record, and charles is exactly right. mr. brown was trying to give the president a c. this more like a d+ frankly. he's expressing what a lot of americans who voted for obama two times are thinking but they are afraid. stuart: you just said a lot of luck folks who voted for the president twice are now beginning to think like jim brown thinks. is that true?

>> members of my family have said they felt like it was a historic opportunity to vote for him the first time. now they are regretting that vote. yes, absolutely. even the congressional black caucus has said he had the chairman, the past chairman, you know what he said? we have to get this guy really did and we hold him accountable because if hillary clinton were in the white house right now we would be marching and storming the white house if black unemployment was this high. they have admitted they reelected the guy because he is black, now they will hold him accountable. representative said the same thing. stuart: you're welcome back any time on this program. you have 10 seconds for the last word if you want it.

charles: i would say one thing for republicans who sincerely wants to reach out to blacks and hispanics, you have to make it a long-term endeavor. like investing in the business. if i put a million dollars into a pizza shop today and had to sell it tomorrow, i would probably take a 50% haircut. you have to believe you will get hit initially. it may not work out for the first round of elections, but ultimately it will. stuart: a haircare company puts out an ad that challenges gender stereotypes. it goes viral. find out why it is generating so much buzz after the break. and why do people get so riled up of 140 characters on twitter? interrupting in outrage. next. [ male announcer ] here's a question for you:

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stuart: a couple of months ago to present push for gun control after mass shootings in washington, chicago. the gun maker smith & wesson, sales got a boost in the stock is up 4% this morning. you know how you get a big discount on your phone when you sign-up for long-term contracts? at&t chief says his company cannot afford it. the stock is down a fraction.

twittetwitter hit a new high yesterday, now we're up again 53 on twitter. more on that in a moment. today down just $0.31. mastercard above $800 per share moments ago, up 55% this year. dr. keith ablow is next. twitter raids to be more precise. the stock has hit a new high. ♪

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stuart: a couple of charles payne sticks in the news. avon cutting jobs to give $45 million charge because of that do you still like avon? charles: i'm still in it, don't know if i like it. stuart: groupon. got an upgrade from a bank. wells fargo is a winner. you still like groupon. charles: the target is 14. a gigantic gain. it has that potential. the answer is yes. stuart: a shampoo company releasing an ad addressing gender stereotypes in the workforce. it has gone viral. watch. ♪

stuart: they were putting men and women in the same situation to exactly the same things saying we respond differently to men and women doing the same things. sandra smith, what are your thoughts on that? sandra: i'm going to go against the grain a little bit here. a big fan of this, a female says she loves it, so it might be effective in that it has got people talking. it makes this woman feel empowered, they may associate the brand with empowerment. but i am not a big fan of pointing these things out to the world. i'm a bigger fan of women getting to higher places in the workforce on their own merit and i am not sure we have to continue this conversation. stuart: we should point out that

ad is only airing in the philippines but it has gone viral. dr. keith ablow is here. why do we view men and women differently in the workforce when they are doing is echoed the same thing? go. >> they carry gender stereotypes into the workplace, and i don't think it is exclusively the domain of women, females, in terms of that being unfortunate. men can be seen as overly aggressive, men can be seen as domineering. i don't know whether the conversation needs to be there need be no gender difference, and that is my fear here, stuart, we are so ready to attack the differences between gender. we don't want people getting paid less, we don't want people being held differently. i think men and women are different, and that is okay.

stuart: i want to talk about twitter and twitter rage. start with this from spaghettios to mark the anniversary for pearl harbor. it seems harmless, but eventually the company apologized to this. and jpmorgan, is canceled a twitter chat because of nasty comments and questions it was already getting. and a huge response to the death of the cartoon dog on "family guy." i know you don't like twitter, and i have the time the stock has hit another new high today, but explain this to me, why does twitter create this rage? >> i don't like hair when either, but this more prevalent in our culture than ever. i am not buying stock in it, but i know twitter is storing like any other drug. legal drugs do well. why does it cause this rage? ever wanted is the same as being in the highway in your car.

it defeats empathy, and therefore people can get very angry about what? cartoon characters, about characters in series and what they are doing, or they can hide behind a legitimate call for company saying give us some feedback. instead of it being constructive and human, it is interruption. stuart: it is an opportunity to express yourself. a little rage here or there, but isn't it like taking a meat cleaver out on somebody? >> it is way better, but it is cheap, it is artificial, it is done from your keyboard, it doesn't require you take any action at all. if the level you are complaining is going to be send a few tweaks out to the ceo during his suppose it conference moments, that is pretty disempowering,

isn't it? it is all a part of legalizing marijuana, telling people they don't need to work, time and you will feed them and don't fund your own initiative. your participation in democracy now is a series of these stupid, meaningless tweets and facebook post that disempower you and turn you into nothing but a little bit of data for facebook to profit off of. stuart: we have got to have you back to discuss all of the abo above. >> i was just getting started. stuart: i know you were. thank you so much, we will see you again. the green is added again. christmas will be canceled because of global warming. we will deal with it next. it's . but your erectile dysfunction - that could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready.

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stuart: a new ad from greenpeace. his incentive to sell the message on global warming. look at this. >> melting ice here, the north pole has made our operations in our day-to-day life intolerable, there may be no alternative but to cancel christmas.

stuart: oh, dear. christmas canceled because of global warming. it is even worse because that actor played the butler and one of my favorite shows, "downtown abby," for heaven's sake. that is a new low. charles: it is a new low. our kids get this when they go to school, watch every movie can reconnect turn on a movie they are not demagogy capitalism the west, the republicans. global warming, all about self loathing. give me a break. stuart: we should all die out and the planet will survive. this morning on "fox and friends" i made a mistake. your take on it, i did thaa, next. ya know, with new fedex one rate

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stuart: 30 seconds before my appearance on "fox and friends" this morning i knocked over a cup of coffee on their new, white couch. steve tweeted out the photo. yes, i did that. here is what you had to say be talk about the power of twitter. donna says everybody does that, ihe needed a christening anyway. lynn says i bet they spilled coffee on the couch as well, they just haven't told you about it. and one of our regular guests said honestly with it being a white couch, i'm surprised it didn't happen sooner. you, sir, have five seconds. charles: all of your english training. you have been in america too long. stuart: i had to sit in that end to my three-minute report. dagen: i think that is even worse than a selfie.

is that what we have been reduced to? taking photos of mourning spills? we are all guilty of it. you are all right by me. did the republicans give away too much with this budget deal, and why the federal reserve and watchers there are concerned that the money will stop flowing. one of the biggest problems when it comes to food waste, you won't buy it if it doesn't look good. the new ceo of general motors and why many american women believe much more needs to be done to get females in leadership roles. and you're at home at the push of a button, how automation gets in style continues to change the way that we live the end all that and so much more on this hour of "markets now." connell: a pretty big fan of "the jetsons." pretty good