lori: wwy he says we cannot wait for washington to act because they won't, they can't, they don't even know how. adam: did the obama administration break the law? his fight with 10 other republican ag and why they say those fixes to obamacare are illegal. lori: let's go to before the new york stock exchange with nicole petallides where we are headed for our third down day today, nicole. nicole: we had been up over 60 points. right now, it is over 100 points from that point. down 43 points right now, much like the s&p, the nasdaq playback a half of 1%. a lot of names hitting new highs, maybe it pulled back off

of those highs. let's watch twitter today. twitter a name that has been recent high today, down 5.5%. a couple of those analyst talking about it. morgan stanley with the target. half of where it is right now. downgrading the stocks to underweight, some of the analysts like names like facebook better than twitter, i think twitter is still a niche. back to you. lori: thank you, nicole theatre adam: chicago is freezing today, but just how cold is it? cold in siberia. currently 35 degrees, even colder than mars today. between negative 13, negative 34 degrees according to the mars rover. join nicole, jeff.

>> i believe it. take a look at what you are seeing. it is really awful, with the camera looking at arctic sea smoke, something you never see or you rarely see in downtown chicago. when it gets this kind of dramatic cold. that is frozen already. the windchill is incredible, not just here in chicago. want to get out for a second, show you the map if i can. you see how wide a swath these cover. i tell you we are talking -30 windchill as we speak right now. we come back alive, you can see the see smoke, look at the wind blowing and how intensely the wind is blowing. what that is doing is causing

all kinds of havoc in this city. take a look at the flight delays in chicago. the latest numbers from flight aware. thousands of flights are cancelled. things are beginning to fail. see how cold it is, very dangerous to be out here uncovered. you don't want to be out in this tundra. adam: jeff flock will be going back to get warm. all the best to you, jeff. lori: it is like desolate there. adam: you blame them? -30? lori: no. airlines are already making

changes. jetblue cutting back operations at jfk, laguardia, boston logan airport. the copy space bar her% operational by tomorrow, so we will keep you updated if other airlines follow suit. subzero temperatures delaying court proceedings in the bankruptcy, the trial on the proposed deal to settle with banks in 2005 is in the middle of the closing arguments when court adjourned. wanted to pay $155 million to settle a deal on the trades pension debt. adam: a group of attorneys general are challenging the legality of the obama administration's repeated changes to the affordable care act claim and they should have consulted with congressional lawmakers first. texas attorney general greg abbott is among the 11 attorney general who are slamming those changes, and we welcome you to "markets now," thank you for joining us. the first and foremost thing,

the attorney general from west virginia actually sent to the secretary, biggest issue seems to be essentially the president administratively fixed before the cataract is lega, cok care act. >> good work, that is what we're dealing with. we're doing with a fiat presidency where the president thinks he can just ignore the law as it was written by congress, come up with new rules, new timelines, new standards, new requirements for the health care insurance companies and impose it on their states of america without having congress first pass those laws. adam: the attorneys general would actually be saying congress should be the body which allows the changes are not.

>> let me put this in the context of investors, business mebut women who watch this program. one reason why there is a higher risk premium attached to other countries is because the rule of law is more predictable. reason why this is so disconcerting is it projects into the legal system the kind of uncertainty more associated with third world countries where the leader sometimes our dictators that will change the laws upon the leaders own whim as opposed to an orderly system. the american president is using presidential fiat to change laws. adam: senator john assembly was filing suit today to try to at least change a portion of some of these administrative fixes that would apply to congress.

why not sue in court as attorney general, why not sue in court to bring this issue forward? >> the purpose of this letter to secretary sibelius is to exhaust our administrative revenues. there are two things we needed to raise, issue of the president's not complying with the law, the second was the concerns that were raised the how the human services are terry about the way people using or plugging into obamacare may have their identity stolen or compromised. setting up possibility of litigation. adam: i want to go back to my question to you. why not just sue to bring about what would in your opinion be the legal i fixed to these problems having congress do it, why not enough case to court? >> we are going step-by-step,

first we want to exhaust our remedies, but this is a linchpin issue, who has standing to bring a lawsuit? the first thing if some liberty losses whether not that person has standing to bring a claim and establish standing on the part of the states to bring this type of lawsuits. it could be insurance companies, individuals or doctors. because of all the different changes that have been made, there will be individuals or entities that do have standing, we just have to wait and see who has standing for us to bring a claim. adam: something all of us are watching. thank you, attorney general, greg abbott. >> thank you, adam. lori: angela merkel on the mend, german chancellor angela merkel fractured part of her pelvis a ski accident over the holidays. she has cancelled most her commitments over the next couple

of weeks but she will hold cabinet meetings and continue to run the government. her office says injuries are not serious and she is expected to make a full recovery. adam: jpmorgan looking at wrapping up another legal issue. the bank will settle a case tied to bernie madoff tied to $2 billion. jpmorgan stock hit a new 52-week high early today. lori: religion a gallon at the next head of the federal reserve. the case make a contr confirmats the bond rating. adam: how we can win back the country with knnwledge that empowers ideas that matter and solutions that work. lori: gm dash cam that capture video from the driver's point of view. adam: good call.

lori: it is time to make money with charles payne. his following up on last week's recommendation of solar equipment maker solar city. if you listened to charles call come he would've made some cash today. charles: i love a big guys come in and do what we do. solicit these two have to be in it. goldman sachs comes out, on the conviction by list. target was a little so-so. this fire all cylinders, here's an interesting thing. the third quarter the market share is now 26.2%, the first quarter of 2012 it was only 12%, a claim the market shares higher than the next eight competitors combined. when you see that kind of market share, that kind of growth of

any kind of industry, you have to pay attention. i'm glad goldman jumped on the bandwagon. lori: gets the best out. charles: that actually helps the argument because most don't realize like it's the bills are at an all-time high in america. it really hurt us big time. it is about unchanged right now, up big, china is really over the weekend committed to be a lot of money into this, they want 35 gigawatts of solar power between now and 2015. that means billions and billions and billions of dollars. huge, huge. there is a legitimate transition with solar city. people look at them, getting

more testimonials people saying when i put them on my roof he did not take long to re and it e money. adam: thank you. it looks like a videogame that it is real. general motors unveiled a dash cam in the 2015 corvette stingray. the system combines driving info and dash cam to relive their experiences behind the wheel. gm calls an industry first drivers will be able to watch from their car or download the data on a computer and posted on facebook. no word how much it is going to cost. liz claman has a first on fox interview with gm global connected consumer president. that is pretty cool when you think about it. lori: cannot tell of it was a videogame or a real road. adam: it was a test video probably from general motors. they need to come up with a laser so that you can buzz the

people in front of you in your way when you are driving. that would be a technological breakthrough. lori: that would happen to me a lot. the stock of men's warehouse and joseph a bank continues. nicole: these two rivals continue to battle it out, most on wall street think they are good pair together. however it is about dollars and cents. you may remember when they made a bid that they were completely% inaccurate. they said they were inadequate. men's warehouse is up date. up from $35. now going to the shareholders to move forward with this, we will see. as he talked about solar, just a quickie, solar powered backpacks. it actually charges your

iphone. lori: off about 50 points right now. adam: the power of american ingenuity, we were the first to mass-produce and the only human beings ever to land on the moon. lori: they are all decades or even a century in our past. lou dobbs on the upheaval that will get america back on track. [ chilen yelling [ telephone rings ] [ shirley ] edones. this is shirley eaking. how may i help you? oh hey, neill, how areou? how was the ip? [ male announcer ] with nearly 7 million investors... [ shirle] he's right here. hold on e sec. [ malennouncer ] ...you'd expect us to have

highly skilled call center. kevin, neill holley's on line one. ok, great. [ male announcer ] and we do. it's how edward jones makes sense of investi. ♪ of the dusty basement at 06 35th street the oldld dining table at 25th and hoffn. ...and the little room above the strip mall f roble avenue. ♪ th magic momt it is the storyf where every great idea begins. and of ose o believed they had the power to do more. dell is honored to be part of some of the world'great stories. that began muh thsame w ours did. in a little dorm room -- 2713. ♪ this magic moment ♪

>> 21 minutes past the hour, i'm lauren green with your fox news minute. new concerns over al qaeda mounting presence in iraq. at the overrun the cities. figures john kerry vowing to help the government but rejected the possibility of sending troops back to the embattled nation. message broadcast on state tv, rex prime ministers urging residents to expel al qaeda. doctors say former israeli president condition had dramatically declined and will only keep getting worse as several vital organs begin to give out. the 85 euros has been in a, for eight years since suffering a serious stroke in 2006.

the supreme court stepping in to the same-sex marriage debate in utah. our nation's highest court issuing a brief order blocking any new same-sex unions to the state at least while a federal appeals court fully considers the issue. those are your headlines, back to lori and adam. adam: some breaking news for you, workers at a goodyear tire and rubber factory in france ar% detaining two of their bosses according to the "wall street journal," just the latest in a string of protest by union workers who were accused the u.s. executive last year for doing too little work. goodyear has been trying to shut the plant for several years and is currently holding the site director and the director of human resources in a room which can only be accessed by union members. lori: lou dobbs is sitting here chuckling on that story. expanding on the candid chalkboard talks.

whewing back the country with nl that empowers, ideas that an power. take charge of top waiting for washington to act because they never will. please join us. congratulations first and foremoss. we have our copy, which we would love you to sign. what sticks out to me as a working mom we are not leaving our children a better world than the ones we are enjoying today. >> our children are suffering mightily as a result of indifference of the baby boomer generation. what we have tolerated is an american citizen to the point that we have, you have two parties that are shrinking the individual citizens. and large government, large corporations, large unions.

large everything. but the involvement and the power of each of us as individuals. when is the last time we heard self-reliant, independent as descriptive of an american citizen? we have both consumers and taxpayers and savers. we are citizens first not according to our government, not according too many of those who leave the most important institutions in the country. adam: how much a problem is that for us in the country? >> a 40% problem. we talk about diversity all the time we had in the workplace, talking about society, diversity is often used as a dog whistle for multiculturalism. were able to talk about diversity, and we are rightfully

proud of it, but why aren't we talking with the diversity in congress that really matters? why aren't there more carpenters and plumbers and teachers and those who work for a living representing those who work for a living? the republican party, part of the reason i wrote this book is to ensure the return, restoration of the two-party system. because republicans are not capable it seems of doing that on their own so thought i would give them a gentle nudge, a few helpful suggestions as to how they can advance the two-party system in their own fortunes this year, critically important midterm election and of course in 2016. lori: perhaps getting back to the space race, we have really fallen behind. the fact we have not been to the moon in two decades. why is that our loss? >> we go back to the 70s, now the chinese are on their way to

the moon. we cannot even get to the international space station our own spacecraft because the shuttle program has expired, it is now extinct and we have no successor, we have cut the nasa budget by 10 to 15% per year. we have stripped the heart and the guts out of nasa. left a very difficult job for the next president whoever shall be the country because it is critically important we resume our leadership in space. adam: is there one take what you want people to be empowered with? >> want takeaway, no, but there are so many. there's one thought i would like everybody to consider. that is the importance of the two-party system, thh citizen in

this society of ours as quickly as we possibly can. adam: winning back with the solutions that work. speaker that looked so good in your hands. it looks extraordinary. lori: you have a very funny smirk on your face, i can tell the wheels are really turning. >> thank you. adam: congress returns to what some people would call work. white house council of economic advisor on the obama administration's push to extend unemployment benefits. lori: a vote to confirm janet yellen. but first, th a case for makinga confirmation conditional reining in the central banks power. good luck with that.

welcome back. how is everything

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lori: time for stocks now. let's head to the floor of the new york stock exchange and our own nicole petallides. nicole, we're getting a glimpse of holiday seas, right? >> we're lookiig at best buy and hh breath. both -- hh greg. both are in appliances and electronics. hh greg had tough number, 11% to the downside the stock is showing that. janney, one of the analysts says, best buy, don't put them in the same category. they did well with televisions and like and gained market share. lori: okay, nicole. adam: one of the latest votes this afternoon to extend unemployment benefits and democrats and republicans don't

see eye-to-eye how to get the deal done. jason furman is the chairman of the council of economic advisors and joins from us the white house. thank you for joining us. this is your key issue right now. in interview with charlie rose, you said it is your top priority. why is that? >> it is most immediate priority. there are a lot of things we need to do to continue to build the momentum in our economy but the most pressing thing right now is 1.3 million americans this week are looking in their mailbox and discovering that the unemployment insurance checks they were counting on aren't there. that is not just bad for those families, it is bad for the economy when we lose their purchasing power. we need to restore them and need to do it quickly. lori: obviously government spending, as you know, this is the big argument, also has been pretty bad for the economy. so republicans, even though are a lot of them on board would be agreeable, would be nice to figure out how to offset the extra costs? >> this is temporary program.

i can tell you most economists you would ask would say this type of temporary program doesn't need to be paid for. 14 out of the last 17 times congress passed this, they didn't pay for it. so last president bush, five times, he signed it into law, none of them were paid for. so, you know, this is really on the plan that is there before the senate today, is very much in line with what has strong bipartisan support over the last several years. we would like to see that again. adam: you use a chart where you show the long-term unemployed are highest level since 191948. if we keep extending, doesn't temporary become permanent? why not make it permanent then. >> long-term unemployed remains high but is coming down. as we make progress in our economy. as we bring the unemployment rate down, we're also bringing long-term unemployment rate down but we would slow that progress if we allowed the benefits to go away, we would lose that

purchasing power and purchasing power supports 240,000 jobs across the whole economy. lori: why not, as senator lamar alexander suggested, not only vote on this, but debate the extension of the federal unemployment benefits but also other ways to help long-term unemployed, other ways of incentivizing folks to get back in the labor force? >> there are all sorts of conversations we can and should have but it is overdue now. it is five days past the new year. this expired already. this is very urgent situation with 1.3 million families without their checks. so let's extend unemployment insurance, do it cleanly, simply three months the same way we've done it many times before, then there will be all sorts of time for conversation. adam: i want to shift gears real quick, to the discussion of the minimum wage, the federal minimum wage to $10.10. it says in "atlantic monthly", vast majority of people live

earning minimum wage not living in poverty. why the urgency to raise the minimum wage? >> a lot of families on minimum wage are in poverty, but you're right, a lot of them are above the poverty line, vast majority, the statistic was pretty startling. i'm not saying that life is easy, where is the urgency to raise it? why? >> many families above the poverty line or may be, 150, 200% of poverty line. talking about somebody making $20,000, or family making 25 or 30. president certainly think as family like that could use a raise, could be doing better economically. inequality is broader problem than just poverty. it is about, you know, even some middle class families a secondary earner will get raise from my higher minimum wage. that the president thinks is a good thing or not something embarrassed about -- adam: if we raise federal minimum wage, vast majority earning 8 or $9 would be ones

get the wage. jason furman, thanks for joining us, chairman of the economic council of advisers. >> thank you for having me. lori: another thing on the senate agenda is the vote to confirm janet yellen as next fed chair. the strong support for quantitative easing, gives republicans perfect opportunity to challenge the alliance between big government and the fed. sean, as you know lately the republican efforts and budget negotiations largely backfired when it comes to fighting for a smaller government. so you think the yellen nomination might present them a good opportunity to do just that? >> yeah, i think it clearly does. there is no republican support for quantitative easing at this point, the fourth year of a expansion. so the idea is here to separate the person from the policy. she is very well-credentialed, confirm her, but restrict her in ability to expand the fed's balance sheet. lori: most people believe that yellen will continue

ben bernanke's era of extraordinary accommodative easing and probably won't hike interest rates for couple years. even though we saw commencement of the taper it is a hiccup, a very small amount. do you expect yellen to stay the course here? >> i think she will eventually taper. my proposal to cap the balance sheet at 4.5 trillion, puts her exactly on the course. gives her half a trillion dollars and six years to reduce the balance sheet down to $3 trillion. nothing radical. it is very incremental. lori: that is the problem. that's why republicans and 60% of the americans as you quote in this "gallup poll" are favoring a smaller government but, they can't get it, i want to say legally but through, you know the way the government is structured right now through all the votes, we talked about unemployment, republicans will lose on that one as well. so, by, criticizing yellen you believe, will ultimately push for a tighter fed policy, monetary policy, which will lead to higher interest rates? let you pick it up from here.

>> my intent is not republicans to criticize yellen. it is policy of quantitative easing is the problem. lori: she is support i have of it? >> she is obviously support i have of it. this is obviously for the republican party to come out for sound money, against quantitative easing, draw a line in the sand. understand all the efforts for smaller government, limited government will be undermined by a fed that continues to expand the balance sheet buying government paper regardless whether that is fiscally responsible or irresponsible. lori: do you think, some have written yellen is little more favorable letting inflation rise somewhat? we know the inflation data is really, really flat and all healthy copies need a little inflation to grow. do you see that happening? >> well i contest the last point that all healthy economies need a little inflation to grow. lori: why? >> because historically it is not true. during the 19th and early 20th century, a period of long price stability you had

very rapid economic growth. lori: what was inflation running at that point? >> long-term price stability for almost 100 years going into the first world war. so inflation over time ran zero. lori: modern times we have had cpi and ppi, well within the fed's preferred comfort zone if you will, right? >> yes. lori: now you've got a lot of economists looking at japan, threatening with concerns of deflation in japan. >> right. lori: wondering if that could come here and that could be dismal. >> so the point i'm really trying to make is that the scope and expanse of government that we have in the u.s., our efforts to reduce the size of government, will not work so long as there is a federal reserve willing to buy bonds that the government issues, regardless of the behavior of the federal government. so the republican party is really invest ad enormous amount of effort to reduce the scope and size of government. until they get the federal reserve off the sidelines, you know, in the bond market, back on the side of limited government, i don't think they will be effective. i think if they understand that,

most i think do, some republicans in the senate i don't think fully grasp that they will become much more serious on efforts to restrict -- lori: what is the next step beyond understanding this. >> voting against yellen. lori: that is not going to happen? >> we'll have the most contentious confirmation ever in the history of the federal reserve. bernanke four years ago was 30-70. this will be in the well into the mid 30s. if it weren't for a rule in the senate it could be a live question. lori: thanks for the lively chat. have a good one. >> thank you. adam: 100 years of merrill lynch. the company faced dramatic changes over the course of time especially during the financial crisis. lori: charlie gasparino is here with the winthrop smith, jr., his father was a founding partner at merrill. thank you. ♪ [ indistinct shouting ] ♪

[ indistinct shouting ] [ male announcer ] time and sales data. split-second stats. [ indistinct shouting ] ♪ it's so close to the options floor... [ indistinct shoing, bell dinging ] ...you'll bust your brain x. ♪ all on thinkorswim from td ameritrade. ♪

>> i'm dennis kneale with your fox business brief. u.s. factory orders jumped 1.8% in november, beating estimates. this follow as 0.5% decrease in october. the commerce department is saying that the increase was led by a nearly 22% surge in aircraft orders. growth in the services sector which accounts for 90% of the u.s. economy slowed last month. ism non-manufacturing index fell unexpectedly in december to 53.0, nearly a full point lower than in november.

december's reading was the lowest in six months. fedex is planning to buy back $2 billion of its own shares from several banks including goldman sachs and jpmorgan chase. the delivery guy ant says the purchase program will be completed by company's fiscal year-ending may 31st. that is the latest from fox business, giving you the power to prosper.

adam: so breaking news. an update on the bitter cold temperatures. southwest airlines now saying it has suspended flights to chicago midway airport until 6:00 p.m. eastern today. it also says the frigid temperatures in chicago are making it difficult to fuel aircraft. lori: his father created merrill lynch and win smith nearly became ceo himself.

now he is out with a book, catching lightning in a bottle, how merrill lynch revolutionized financial world detailing the rise and fall of the firm. charlie gasparino sits down with a interview with merrill's 100 year anniversary. >> i would say this is very good book. haven't read the whole thing but if you're interested, merrill lynch is oldest brokerage firm. charlie merrill, pierce fenner, your dad. >> my dad as well. >> win smith too? >> win smith too. >> interesting. let's get to some of the interesting things. merrill lynch is no longer with us. part of bank of america. it implodedd right before it was about to implode, bank of america bought it during the financial crisis. if you were ceo and you were in the running, would have merrill lynch headquarters it would be independent firm. that didn't happen. stan o'neal became ceo and radically changed the culture of

merrill. explain what that means? >> he did, charlie, i don't think whether me or one of my colleagues i don't think we would have taken the firm in that direction. one thing we understood, we understood the history of the firm. >> dealing with small investors. >> dealing with small investors but we also understood how the former leaders managed the firm. >> right. >> corset of values and corset of principles. they knew something about leverage and not how to overleverage. >> risk. >> corrects. >> stan, went out, first couple years huge earnings, but taking massive amount of risks. that is interesting thing. that risk doomed the firm. he was not final ceo of merrill lynch. john thain was before it was sold to bank of america, but he can't be the only reason merrill lynch brew up. there was board of directors, right? they bear some responsibility. then there is the merrill did i as pour a i take you out of that, because i remember the day you left merrill i believe in 2003, correct? >> 2001. >> you were very critical of stan. critical throughout even when

they were making a lot of money. how about all these other guys, former names, ceo dan tully, dave komansky. all these guys knew that stan was going out, rolling the dice, not only that, creating a culture of fear, firing people. that place was run like the mafia. put a bullet in your head, if they think you might be saying something wrong. >> right. >> don't they bear responsibility for letting merrill implode? >> first of all, let me talk about the board of dirrctors. i agree with you, the board of directors is accountable. i think collectively they were very responsibility for what happened. individually good people but collectively they didn't do their job. the diaspora is interesting question. i was critical but i wasn't overtly critical every day in the press. >> i would have called you up anytime. >> i would have, a lot of times off the record, not on the record. the thing we all had to be careful of, aren't these sour grapes, isn't this sour grapes, stan?

dave, isn't this sour grapes? it is hard to be credible. i would say a lot of those people had relatives at firm. >> it was mother merrill. >> they had family. they were somewhat concerned, you know, about retribution but also, you know the board of directors had made a decision and they had enough honor as former ceo's, not to meddle and really, you know, meddle with the future ceo. so it was a delicate position for them. >> o'neill wasn't dave komansky's choice for ceo, let's settle that. >> i don't believe so. >> it was you or jeff peak, correct. >> i have had think it was jeff peak. >> in the end, dave always said, i reported it wasn't, i'm glad we got that out of the way. john thain was the last ceo. doesn't he bear some responsibility? not that he created the problem, his management of it towards the end was lopsided, you know. he didn't fully explain exactly how bad the balance sheet was. when the time ran out on the firm, no one believed it was going to make it? >> i think we could nitpick john

thain. he wouldn't have been our choice. he was an outsider. we would have pressed to have merrill lyncher. dan tully was not asked by the board. john was dealt a very bad deck of cards. he raised $50 billion in equity. we can criticize john. >> didn't need to spend $2 million on the office or 1.5. >> he paid the firm back. >> after i caught him. >> that is okay. but he had enough honor to do it. @> do you think he did a good job? >> i think he did the best job he could v i would give john a good solid mark making effort. remember he sold it to bank of america for $50 billion. merrill could have gone the other way with lehman on monday morning for one million. >> someone could have bought it for nothing. >> right, exactly. >> 100 years ago. i guess today merrill lynch was a firm. >> yes, it was. >> five years ago around this time it imploded. glad to see guys like you still kicking. if you're into modern wall street, learning about it,

read this book, it's a damn good book. >> thank you, charlie. i. lori: echo that, thank you, charlie. adam: after four years of no commercial satellite launches from cape canaveral, spacex is looking to lift off its second mission in one month. a crucial test next. lori: resignation letter gone viral at warp speed even. councilman's good-bye, hailing on all frequencies. ♪ ♪ [ male announcer ] evenore impressive than the research this man has his disposal is how he puts it to work for his clnts. moing. morning. thanks for meeting so early. co on in. [ male annncer ] it's how edward jones makes sense invting. over the pizza place on chestnut stre the modestirst floor bedroom in tallinn, estonia and the southbound bus rreli dn 95. ♪ this magic moment it is the story of where every grat idea begins. and of thoswho believed they had thpower to do more.

dell is honored to be part of some the wor's great stories. that began muchhe same way oursid in a little dorm room -- 2713 ♪ this magic momt ♪

lori: spacex is taking another giant leap when it comes to commercial spaceflight, set to launch the falcon 9 rocket caring a communications satellite this afternoon. fox news's phil keating following the countdown from

miami of course. phil? >> lori, this could be a big week and big year for america's commercial space. the commercial satellite launching market is dominated by non-american companies. spacex wants to tap into that. falcon 9 rocket out on the launchpad at cape canaveral. launch is 5:06 eastern to put up a thaicom satellite for tv to v to southeast asia. they became the first company to put a satellite in geospace orbit. that is where virginia based orbit tall sciences will send the latest cargo ship that is the second cargo run. spacex has done three times with four more this year. this year sierra nevada out west, plans the first piloted flight test of dream chaser spacecraft in 2017 and tends to fly three or four astronauts to the space station.

boeing developing a space cap tool to carry humans to space. later this year nasa will certify which american companies will certify for crew. something only russians can do since the 2 1/2 years since the space shuttles were retired. >> we want to bring jobs back to american shores. we want to increase growth of technology because we're falling behind in that regard. it is government that provides impetus to that, but it is not government that does it. when people talk about getting government out of things, the more we rely on industry, the more we get out of things. >> of course as soon as we can send astronauts up to the space station on american spacecraft, the sooner we stop paying russians $70 million each ride. lori: tell lou dobbs that. it will get a little scary. phil keating, thank you. adam: you will need die lithium crystals. a politician going where no one has gone before. a member of indian trails

council, in south carolina, submitted resignation in cling none. -- cling i don't know. it was used as a inside joke, the reason for his departure was to mount a senate run against current senator kay hagan. show what a lose i am in klnngnon. in good health. may your your blood scream. lori: how do you know where the accents fall? adam: i don't. looked it up on line. don't have a pronouncesser. someone out there is a "star trek" fan will correct me. lori: morgan stanley hot on tech. our panel is next, whether the sector is simmering or cooling. plus, how long before marijuana is legal in all 50 states? along with the latest on new york's plan along with medical marijuana. coming up, operationsy and ash take you through the next smoking hot hour on fox business. live long and prosper.

tracy: happy monday, i'm tracy byrnes. ashley: i'm ashley webster. morgan stanley is hot on tech, raising price targets on google, amazon and facebook? should you be heavy on tech stocks in your portfolio and 401(k), or is the party about to end? our panel is straight ahead. tracy: believe it or not, it is too cold to fly. 9200 flights canceled. jetblue announcing them. jeff flock, on sub-zero streets of chicago as freeze hits the northeast. ashley: the united states of marijuana? how long before pot is legal in all 50 states? give us your responses with the latest on new york plan who allow medical mayor one in tech minute. tracy: why your computer yahoo!

users may your computer was hit on malware. you had email from me and ii3 needed money from spain fast. ashley: how much did i send? tracy: nobody sends anything. ashley: we knew it was a scam. tracy: yeah. ashley: stocks may be pulling back after disappointing service sector data. morgan stanley is hot to trot on the tech sector. we have you covered with complete coverage. nicole petallides on floor of new york stock exchange. sandra smith leaving mean streets of chicago for the mean treats of new york city. it is top. hour. the sluggish start to wall street goes on. >> not too bad. dow covered much of the losses. we were up over 60 points. we're virtually flat.

nasdaq is down 1/3 of 1%. s&p also flat at moment. he, you nexted ids numbers. volume dropping. 10-year yield 2.9%. a lot of names including goldman sachs and jpmorgan. jpmorgan a top story as nearing a 2 billion-dollar settlement, to the ponzi scheme of made made. that banks ignored some of the signs paying out 2 billion. the stock is up 1% around hitting fifth two week high. tracy: nicole, stay with us. looking at. , outperforming the s&p 500. s about 30% gain. here is spider financial etf. looks at all the financial companies we look at every day.

big comparison put it up against the s&p 500. it has been beating, s&p 500.3 and investors are throwing money at financial index funds. that is what we're seeing. because a lot of analysts are hot on financials right now. because they expect a pickup in employment in the new year, should we be buying these ahead of jobs report on friday? a lot of analysts are saying yes. next big catalyst will be when we get financial earnings start to report their earnings january 14th. we start with jpmorgan and wells fargo. a. a lot of banking we're seeing on analysts is higher interest rate environment and pickup in loans. a lot of these are the names that would benefit from that. so a lot of them in the green today, guys. a lot of companies, a lot of gays that names that produced big returns. bullish momentum. back to you. ashley: great stuff. sandra. come over to join us. we'll allow you at table.

morgan stanley raising price targets on google and amazon and facebook, we said that at top of the show. are these stocks already too high? is it too late to jump in is what we're asking, charles? >> i try not to get caught up in too late to jump in kind of thing. you could have missed google at 200, 300, 400. priceline could miss thing at intervals. it always bothers me when people think it is too late. i find it interesting how wall street is so late to the party. i love it. it helped my business tremendously. so frustrating watching from afar. guys, did it take you this long to figure out it was a buy? i think what people should look at with technology, that the cash machines like intels and microsofts, i'm not as hot on. i'm hot on guys growing the top line. ashley: right. >> bottom line has not been as important, at least to investors as much as growing top line, having pricing power and taking market share. ashley: who do you like most out of all the biggies?

or do you not like the biggies? >> i try to find, fireeye was one of my ideas. no one talked about it. i'm up huge on it, ubiquity. i'm looking for names nobody knows. i don't think anybody will pay me to say buy googles you know? tracy: nicole, you're still with us, right? >> i am indeed. tracy: what do they say down on the floor about the tech sector. is charles right, they are late to it or have they been talking about it for a while. >> you have to look at names you like for specific reasons. you're not late to the game on technology or any other sector for that matter. you look at these companies in morgan stanley's view and some other analysts view today, seems to be cutting twitter because they think that may be a niche stock and moving to something broad-based like facebook, right? you did see morgan stanley upped targets on amazon, google and facebook also. when you talk about growth potential, ad revenue and like you want to pick most

broad-based. look at management, what they have done this far. you can say because a company hit a high you don't want to touch it. ashley: right. >> that is when dollar-cost averaging and things like that come into play especially when you have something you like a lot. ashley: the economy is coming back. the global economy is looking better. this could be good news for the tech sector, right? >> you have to ask is improving global economy helped facebook at end of the day? facebook, we saw it is up two bucks on the session. up 3.5% on day. up 3% on year. this is a stock that doubled in 2013. you start to look at company, nicole made mention you have to buy what you know, buy what you, kind of like warren buffett thing, something you're familiar with. be careful with the thought with facebook. somebody sitting at home, using facebook any tay, you're not under 30. they have moved on to other things. have to ask are you still relevant as we go forward. with facebook, don't you get feeling kind of like that apple

story, where everybody will have a story about facebook five years from now? they sold at 56 a share. it will be at 200? got that feeling. charles, he is looking at me, emotion, don't play a part in trading. tracy: can i make --, wait can i make --, can i make a fast buffett comment though? ash and i were talking about it last week. he missed last year, why? he doesn't understand it. maybe that rule doesn't actually work all the time. just because you don't understand doesn't mean you shouldn't be involved. >> peter lynch became famous saying buy what you know, only problem if you wait too long. i went around this building three years straight, i asked everyone wearing michael kors watch, none of them owned the stock. none of them thought about owning the stock. it does apply and does work. facebook will probably figure it out, how to monetize and get it going. ashley: to sandra's point you have a aging user.

you do have aging user. one of these things where it is very fickle place, not unlike teen retailing almost. one year american eagle's hot then it's not. one year abercrombie & fitch is hot and then it's not. unfortunately we hope retailers, these big tech names, i don't think they will fall apart sort of like the uncool retailer today, but, it is a competitive, competition, that's what we love. tracy: also the wave of the future, right, nicole? the phone is not going anywhere. i can take or leave american eagle and abercrombie and most teens. you will still need the phone. still need the ipad. will need something really cool in this stingray, that adam shapiro was talking about earlier in the last hour. that is where we're going, right? >> i mean there are some areas that are just more safe than others. that becomes quite evident, particularly during tougher economic times, right? so that is something you watch as well. just to demonstrate, charles payne's point, sorry for radio listeners, here is the big

michael kors watch, our producer liz here, that liz here wears, but guess what? she didn't own the stock either. it's a bummer but she loves working here at new york stock exchange. that is the point, right? you have to really delve into the numbers and look at companies and do homework on stocks overall. unless you're buying broad based or buying the s&p 500 or buying the dow jones industrials and playing it like that. ashley: so ladies, i have to ask, do you have a giant michael kors watch? >> no. >> not everyone. >> i see a lot of them. tracy: but i see a lot of them. that is a month of dance classes. there goes that. mama not wearing that watch anytime soon. >> one thing before we go on a volatile sector. wasn't long ago we were calling facebook a loser. if you love them, buckle up. >> price to earnings is expensive. >> you might not want to touch it if you look at traditional valuation methods. ashley: we have to go, charles,

sandra, nicole. thanks for playing with us today. tracy: we have to do this again. sandy is back. congress, never believing this returning with a fight over extending unemployment benefits. is there going to be any winners at end of this battle? who kkows. ashley: plus the chinese are coming to the u.s. and they want to buy your home and maybe your business. tracy: and still time for you to get in on our twitter question. how long before marijuana is legal in all 50 states? ashley: first as we do, as you ponder that, as we do at this time every day, take a look at oil, continuing downward pressure. down about 50 cents on the day, down to 93.51 a barrel. we'll be right back. welcome back. how is everything?

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of por increased acne in women may occur.air report tse symptoms to your doctor. tell your doctor about all medical coitions and medications. serious side effects could include increased risk of prostate cancer, worsening prostate symptoms, decreased sperm coun ale, enlaed or painful breasts, oblems breathing while sleeping and blood clots in the legs. common side effects include skin redness or irritation where applied, increased red blood cell count, adache, diarrh, vomiting, and increase ipsa. ask youroctor about axiron. ashley: congress is back to work and kicking things off with a battle over extending long-term jobless benefits. senate democrats need gop support to move a bill forward that would restore benefits for some 1.3 million people. joining us now, brian gardner, senior vice president of washington research at kbw. brian, i guess will be a fight between democrats who say it is

right thing to do, republicans say, show me the money to pay for it. who wins? >> i think in the end the republicans are going to win. there will be, i think an extension of unemployment benefits but there is going to be a pay-for. i think there is a deal to be had here. tracy: brian, call me skeptical sicilian because most people do but this is election year. i feel like everything, every decision will be politically motivated, isn't it? >> oh, absolutely. i mean, you got the midterm elections. they're only now 10 months away or so. 11 months away. and definitely a lot of politics, more so than usual in washington as the year progresses. but i think there is something here for both side. i think a number of republicans want to extend unemployment benefits. they don't wanttto be seen as being mean toward the poor. uncaring and so i think they are willing to go along with it. but again, i think they want a pay-for. it could be a messy dance over couple weeks.

i'm not saying that, we're going to extend unemployment benefits by end of the week but i think as the next couple weeks go along, i can see some kind of a deal coming together, even in an election year. ashley: we last month, we did see kind after rare burst of bipartisanship. well, with the politics in mind, brian, we've got obamacare, continuing to give boost to republicans. and hurting those democrats, who were firmly behind the president. do we expect to hear more from republicans on addressing these glitches and those issues around obamacare? >> well i think today's announcement by senator ron johnson of wisconsin, is first sign that republicans will want he is suing over the way the administration has handled the subsidies or no subsidies given to congressional staffers under obamacare. that is a sign that republicans are going to keep obamacare front and center and i think it will make life very uncomfortable for a number of

democrats, especially democrats in red states, senate democrats in red states running for re-election this year. you know, see how the year goes along. sticker shock continues to kick in and rollout, it has been a disaster, be interesting to see, three, four months, exactly how democrats are feeling at that point and what further changes. obviously the administration had a number of delays but i think congress is capable of intervening here in their own self-interests. tracy: talk about what you think will happen then. because it sound like a lot of stuff will be on the backburner. the business community would love to see tax reform, immigration reform. that sound like a big, big hurdle though. >> yeah. i think tax reform went out window end of last year when the president announced he would nominate max baucus, the head of the senate finance committee, would be responsible for tax reform. he will be nominated to be ambassador of china. that basically kills tax reform

for the rest of the year. immigration reform, i know business community would love it as you noted but it falls victim to internal republican politics. i think that is a really tough lift going into, into the election. let's back up for a second. when we say there is nothing going to happen, let me make two points. one, that is not a bad thing. i come from the view that, you know, congress, you know, should take hippocratic oath, do no harm. if they do nothing for the year, is that bad one, for the market and two the economy? my answer would be no. it is actually a positive. the second there is plenty going on in washington. don't just pay attention to congress. pay attention to regulatory agencies. between the implementation of obamacare, continued implementation of dodd-frank and financial regulation, what is going on with epa, there is a ton of stuff going on in washington at regulatory agencies. that, r. with the action is in 2014. ashley: if they do nothing less chance of them screwing it up. thank you very much for joining

us, brian. >> thank you, guys. ashley: appreciate it. tracy: get a check on the markets. nicole petallides on floor of the new york stock exchange. you're watching solar names, aren't you? no sun out today, honey. >> sun is not outside but solar stocks are very hot. solarcity is up 300% in the last 52 weeks. first solar is lower, down 9% to the downside. solarcity higher by 9%. this is on goldman sachs call. they love solarcity and downgraded first solar, put it to a sell from a buy. why is that? it is about rooftop solar. they say solarcity has rooftop solar market. they have that market, whereas first solar is poorly positioned. they rely more on utilitieds. and that won't bode well for them going forward. tracy: nicole, frankly anything on rooftops is pretty fun. >> >> well-connected cars, automakers battle out who has

the coolest apps for drivers. ashley: how soon before pot is legal in all 50 states? tweet us with your responses much the latest on new york's plan to allow medical marijuana. it's next. [ me announcer ] this is the story of the dusty basement at 06 35th street the old dining tab at 25th and hoffman. ...and the lite room above the strip mall f roblevenue. ♪ this magic momt it is the story of where every great idea gins. and of those o believed thy had the power to do more. dell is honor to be part of some of the world'great stories. that began much the same w ours did.

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>> at 22 past the hour i'm lauren green with your fox news minute. republican liz chain any dropping out of the senate race in wyoming of the daughter of dick cheney citing health reasons for dropping out in the race begins mike enzi. angela merkel suffered a fractured pelvis in a skiing the injury will force her to cut back on the work schedule the next three weeks. the german leader called off a planned voice to it poland. pope francis announcing a trip to the holy land. the pontiff will visit the middle east from may 24th to the 26tt. openly foreign travel plan in 2014 to date. the three-day pilgrimage will include stops in amman, jordan, bethlehem and jerusalem. since francis's election back in march, israeli and palestinian leaders extended invitation for him to visit the region. those are the headlines. back to tracy.

>> i invited him over too. but declined. >> maybe he will call. tracy: i would take a text at this point. lauren green, thank you very much. >> sure. tracy: big question, how long before pot is legal in all 50 states? tweet us and your responses will be at bottom of the screen. lizzie mack has the answer. new york governor cuomo planning to bring medical marijuana -- >> that is such a big turn around for the governor. he has been slow off the mark in talking about getting this enacted. basically we saw him last year in the state of the state address, talking about decriminalizing certain amounts of marijuana possession. tracy: yeah. >> wow, when you see the number of states that allowed medical marijuana, you have to say to yourself this trend will take off like wildfire. look at the states. you will see here on the map, going to see in the west, this is medical marijuana, where they're allowing medical pot and new england. watch this. we're tracking ballot measures across the country. 10 more states are talking about allowing medical marijuana.

another 12 states are talking about recreational marijuana. just say as, this type of all those states do enact medical or recreational marijuana. that means you will have 43 states, majority of country will have some form of legalized pot use. tracy: one of the tweets, how soon before medical crack gets legalizeed? that is a good tweet by the way. lizzie, you were talking about how they're anticipating tax dollars coming out of this. >> that's right. tracy: you have to be all-in, go all 50 states otherwise people will see exodus from their state but will they really collect the tax dollars. >> that is great question and this is really important. sometimes the states pencil, in, colorado, 67 million. states spend money and money not in the door and go into muni market and paper holes in the balance sheet when tax collections are not met. when we see medical marijuana and recreational, colorado, and

washington state, a lot of talk in the states about the black market. it will go ground. we see that underground economy for all sorts of economic activity. taxes then are not collected. something to be aware of if you're taxpayer in the state. taxes go up if they don't pull in taxes from legalizing marijuana. tracy: liz macdonald, thank you very much. >> sure. ashley: so the question is, kind of cool, isn't it, has tech become passe or? global consumer spending expected to drop 1%, compared with a 3% increase in 2013, according to the consumer electronics association. spending is slowing as users seek out cheaper gadgets. cea puts on the international consumer electronics show which begins by the way today in las vegas. a big trend expected this year is automaker collaboration with technology companies to basically connect cars with the web. they're already doing that but

gm and audi will rollout plans to equip cars with built-in broadband access. of course fox business will have the complete ce september coverage with our very own liz claman tomorrow in vegas, 2:00 p.m. eastern. she will grill sony's ceo. always a cool event to cover with all the gadgets and where everything, what we'll have later on in the year or years to come. tracy: it is all going in your car. we spend way too much time in our cars. ashley: jersey to new york. tracy: there is that. ashley: coming up in the next half hour of "markets now," the chinese invasion of the u.s. real estate market. why your home may be worth more than you think. tracy: hmmm. how cold is it? so cold that over 9200 flights have been canceled since saturday. crazy of. flights already being canceled for tomorrow in the northeast. we are live on the oh, so frigid streets of chicago. is down 13 points. don't go anywhere.

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ashley: about 90 minutessuntil the close. let's take a look at the dow 30, somewhat of a flat day. of by six points. more red and green. one of the winners, one of the leaders, boeing, up about a dollar 30 app 13892. ups raising its price target. the plane maker reported fourth quarter plane deliveries that would make it the world's largest plane maker for the second year wrote : at last friday at camps it -- came to terms with its largest union.

the stock reflecting. one of the leaders today. all right. nicole petallides doubt that the new york stock exchange. you are watching to other. >> reporter: it is reminiscent of the ipo back in early november but they had their ipo right here, and there was a $26 ipo. says that we have seen this sort. right now is at $65.67. today it is pulling back, down four and a half%. that is because morgan stanley came out and really put caution on the stock. a $33 target which is basically have a word is now, concerned about growth potential and say their view of success is far from guaranteed. they're concerned that it really is a knee-jerk stock. tracy: eventually the kids will find something else to do with what a burden 40 characters. they always do. in tomorrow's business today chinese real estate investors flocking to the u.s. in droves. lower investment returns of hull

along with diversification benefits here seem to be driving the low. we are joined by the vice-president of addison young. let's start with you. i remember 15 college of years ago there was a big scare the there are going to buy approximately. this sort of did, then they backed off. why?

tracy: stressed office property that we're talking about mentally, right? >> not distressed. they're not really paying attention to the financial market as much as domestic investors. they do not care as much about the cap rate and yield. they need money outside of china ended to the u.s. the u.s. is basically a safe haven right now. we are the best of the worst periods. tracy: this just recently broke for the profit. less talk about the residential markets. >> the average is one tough 5 million. he will read about the 157, the 60 million, 90 million. the one with a crane. and that, the floors, new, and buying for kids. we just had a woman who took an

apartment 14 year-old child. tracy: every 2-year-old needs an apartment. >> she is counting of when they go to school and feels that they will go to nyu. harvard is a long drive. tracy: and they are expanding out of new york city. fairfield county, bergen in new jersey, westchester county. they're going outside of the city. >> other big places, san francisco, l.a., even miami. tracy: what about detroit? we have been hearing a lot of chinese coming into by a detroit >> one of the most distressed cities in the world. where there is distressed, foreign investment will go to it. traay: to be wary as americans? >> they own our debt, buuing a power equity. we basically are tenants. tracy: that is scary. >> in many ways you can add to that time ago by someplace else. we're kind of giving our country

away. tracy: at the same time mike is cellhouse for a lot of money to someone from china. please go we are just foreigners . then they're paying cash, are they? >> all cash. tracy: thank you both for the inside. i'm going to put my house up. ashley: that's a good idea. [laughter] ashley: why not. it is time for europe tech minute. exposed to the attack, malware attaak. yahoo as -- has confirmed the presence of foxbusiness.com on its servers. the malicious ads appeared between dec. 301st and january 1st, not just january january 3rd as yahoo! originally stated. shares of more than one vendor% in the last year. today up two-thirds of 1 percent. the game maker zynga is testing

bitcoin as payment. they have called a currency designed for deflation. until the value stabilizes, as you can see, in the last year, the value has gone from zero to a peak of 1200, today hovering around 1,000. and invading your television set. local television is on its way. the streaming video provider is looking to build its hardware and software directly into television which means no more boxed up your television set. the first model expected to be available in canada and the u.s. in sizes ranging from 35 to 55 inches. pricing now being set, but is expected to be aggressive. currently over 1200 channels are available through the service. i concede the households getting one of those. tracy: that is a full-time job.

ashley: it is. [laughter] tracy: all right. well, staples said said launch a new ad campaign. can they increase the traffic in stores? ashley: and it over 9200 flights cancelled due to the bitter cold. cancellations already announced for tomorrow in the northeast. the very latest rrght after the break. ♪ [ male announcer ] who found a magic seashell. it told him what s happening on the tradg floor in real time. ♪ the shell brought him great fame. ♪ but then, one day, he noticed that everyby could have a magic seashell. [ indistinct talking ] [ male announcer ] right there in their tding platform. ♪ [ indistinct tal continues ] male announcer ] so the magic shell went back to being a...shell. get live squawks right in your trading platform with think or swim from td ameritrade. get live squawks right in your trading platform millions have raised their hand for the proven relief of the purple pill. and that relief could be in your hand. for many, nexium helps relieve

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>> repooter: i'm lori rothman with your fox business brief. urging shareholders to take no action with respect to the men's wear house possible takeover bid. offering to acquire all outstanding joseph a. banks shares at a higher offer than november. u.s. factory orders jumped almost 2 percent, beating estimates following a decrease from october. the commerce department said the decrease is led by a surge in aircraft orders. workers are detaining two of their bosses according to the wall street journal. union members said there holding to managers until they get a satisfactory response to the reeuest. trying to shut the plan for seven years. that is the latest from the fox business network, giving you the power to prosper. ♪

♪ ashley: just wanted to let minute in "tech minute" we talked about wrote to. we want to mention that the parent of 20th-century fox is a investor. tracy: all right. 9200 flights cancelled since saturday. jet blue canceling flights in the northeast for tomorrow. plus, postponing the bankruptcy case just some of the problems as a result of the subzero cold snap cribbing that midwest. jeff flock is still innthe middle of the windy city. no, my god. jesus. >> reporter: it is funding -- funding bought around in a hurricane. this is not fun at all. i am going to put the latest numbers up on the impact. slight delays.@ and then a very interesting phenomenon.

right across michigan avenue here. the real problem here, i just checked with the national weather service come across the -- crossing michigan avenue which is typically very busy. not so much today. can you make it across the head of this car before it rises over? as cold as the temperatures are, it's got down to a record of-16. with the wind is really just frosted. -38 is where we are right now. this is some of the coldest -- one of the coldest spot in chicago on the michigan avenue take a look at what they call see smoke, arctic sea smoke. he did not see this phenomenon in downtown chicago. the water and they're polar air, i tell you, it is crazy. it takes your breath away. you can see everything is a flash frozen.

look at that. ice, just solid ice everywhere. tracy: oh, my god. jeff flock. al, my goodness. i have never seen that before. ashley: tnc del valle. okay. staples launching a new ad campaign at a time when the office supply company is cutting the amount of stores. the new slogan is make more happen. here to explain is a staples executive vice president of global growth. thank you for joining us. my first question is what prompted the new campaign and what does it mean exactly? >> well, we are reinventing staples, and it is all about evvry product that businesses need to succeed. the new campaign really says to businesses, we have what you need to make more happen. ashley: does that mean you are expanding your horizons, if you like, from traditional office

supplies to areas that we would not, perhaps, associate with staples? >> exactly. every day we add it to a thousand items. to give you an example, we have a booming cleaning and break from business. chances are staples is helping you with product. you're a story you might have a mannequin. staples is there with your products. if you're a medical office, you might have a stethoscope where the paper that goes on the examining table. staples is there. really, every product that businesses need, staples is no in the business of providing for them. ashley: you got the stapler that traditionally form is the l, but now it takes on many different shapes and sizes to reflect the different products. >> we are having a little bit of fun with it. if you think about our name staples has two meanings. it is obviously an office

products but also all the essentials that you need. and it when it was first created it was in that shape of an stable perry will be chae. ashley: you are cutting down the size of your store. is this a sign of things to come? >> i think t is fair to say that we are already seriously on line. we have that number to e-taylor in the world. we deliver freed next day all the time. it is not a seasonal promotions. we combine, and that is a combination that works for businesses across america. ashley: i was looking at some of the analyst comments. a couple of them said, staples is an a fading industry where outside entities are encroaching on the territory.

for example, walmart that offers of the supplies at a cheaper price. online you have amazon and so on competition is fierce. does this reinvention the un a better place? >> absolutely. what is unique about staples is our laser-like focus on businesses and particularly small business. we accompany that is just adding the products, customizing the web sites, maximizing the stores all with an eye toward what businesses need to run their offices or medical practice or bakeries or contractor's site, whatever the case may be. and so we actually think we are very well positioned. ashley: we wish you the best of luck. tracy: my child's second favorite place to go in the world is staples. ashley: is that right?

tracy: quarter tell. time for stocks now. we had down to the floor. keith is joining yes. the dow just turned positive, but where the heck is everyone. new year, new week. get on with it. >> that is what we're asking ourselves. the volumes have been completely lackluster. part of a problem for lastly, of course, the middle of the week, that was a little ood from the trading schedule. they push their vacation through thursday and friday, but what is happening is we will start getting economic data and earnings rolling in on us next week in a great way. they're just trying to sit back and buy there time a little bit. no need to get too crazy. no panic in the street and no excitement about a rally eing staged. hopefully we will get some action and buying next week when the earnings role in. tracy: tomorrow will be, what, 9 degrees. we will see if anyone shows up. [laughter]

thank you very much. >> my pleasure. ashley: well, shares higher on buyout talk, but will pandora put a stop to the music? dennis kneale said. ♪ so ally bank really has no hidden fees on savings accounts? that's right, no hidd fees. it's just that i'm worried about, you know, "hidden ings." ok, y's that? well uhhh... surprise!!! um... well, it's true. at ally there are no hidden fees. not one. that's nice. no hidden fees, no worri. ally bank.

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♪ tracy: xmsirius hire on buyout talks, but will pandora but a stop to that. dennis kneale joins us. >> shares of xmsirius pop up on a $10 billion bid by is 52% owner liberty media to buy the rest of it, but is it buying a pig in a poke. sirius could be wiped out by the internet and maybe these guys,

pandora, the leading internet streaming service who says its audience through a 70 million, up 13% from 1 year ago. pandora stock pot and up 10% at 1 point today, now 17%. most of the listeners pay nothing while sirius has 26 and a half million paying subs. he will billionaire john malone who controls liberty first snagged a controlling interest for 15,000 interest. half a billion to keep it afloat with no bank helping out. now, that is now worth almost 9 billion. but liberty will not pay a penny of taxes on the profit because it is creating yet another new class of stock to acquire all sirius shares, and stock deals are not taxed. nice move. even though liberty already controls sirius, it drew fire from ralph nader out today attacking the delivery date as

ludicrous and low balling. that is because the offer is at $3.68 per share. sirius was up at $4 in recent weeks. sirius cash flow over a billion dollars a year was likely to support the takeover bid for time warner cable which would come from the liberty bid 27% own charter communication. the value of that stake has risen 40%, that is a profit of more than a billion dollars in less than a year. tracy: wow. >> he knows how to make a deal. tracy: how does it play out? >> he buys all of sirius. the bid for time warner cable. time warner cable will turn around and acquire as a way of not getting acquired by john malone. ashley: you heard it here first. thank you very much. tracy: you need a flow chart. ashley: this is an interesting

story. 3d printing is taking of literally. british fighting it -- british fighter jets have fun for the first time using parts produced using threepeat technology. printed at a royal air force base. they flew from the defense company airport. the successful test flight could force the path for 3-d printing technology and is expected that printing and aircraft parts can save the royal air force, the raf, millions of dollars of the next few years. maybe print a pilot. tracy: nervous, though. i need to see it in action. i don't actually get it. ashley: it is spread. the wings falloff. can you print another one quickly? charles says this is the future. coming up on come down to the closing bell, it seems that amazon can deliver just about anything to anyone on earth. what about its own the ceo who

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and raise? management couldn't make that happen. [ male announcer ] introducing fedexne rate. simple, fl rate shipping with the reliability of fedex. ♪ ♪ cheryl: hello, everyone, i'm cheryl casone in for liz laman, the dow just turned positive just a few moments ago. but otherwise, it's been a rather down day following some mixed economic data. u.s. factory orders climbed 1.8% in the month of november led by, get this, not going to surprise you, a surge in aircraft demand. businesses also stepped up spending on machinery and goods that last a long time, so decent numbers today. meanwhile, u.s. service companies expanded at a slightly slower pace in december. we've got a market participant coming up to talk about that. the ism nonmanufacturing index falling to 53, actually, from

53.9, that reading coming back in november. anything above 50 is expansion, so we're really not liking what we're seeing there. shares of sirius xm radio got a huge boost after news late last week that liberty media wants to make the satellite radio company a wholly-owned subsidiary. these have definitely been stocks to watch, this news crossing after the bell actually on friday, but take a look at them now. shares jumping about 7%, sirius. liberty, though, under pressure and, of course, liberty is the one kind of extending the financial hand in all of this. we're going to talk about this one in just a little bit. @lso facebook ceo mark zuckerberg is finding a new friend in sun trust analyst robert peck. he has raised his target price for the stock, get this, $65. it was at 55. the analyst says that reports that teens are ditching facebook are overblown. wait, didn't my young cousin defriend me? i think he did. fb the ticker, you thogh