♪ >> the economy is improving. is that because of government or despite government? the debate is on this election year. good morning, everyone, today the news is about government. president obama will introduce five promise zones, tax breaks of extra spending for targeted areas, government stepping in. corporations will charge employees more for health

insurance and they're blaming obamacare. government raising costs, but the news on the economy is solid, far fewer layoffs, more private sector jobs. the market takes no position in this debate and stocks will go up a little more at the opening bell today and "varney & company," yes, about to begin.

>> call it a hit to traditional brick and mortar retailers. macy's planning to close five stores and layoff 2500 workers. more in a moment. bed bath & beyond lowering earnings for the year. following the announcement it will be down again in a few minutes. not all bad news for retailers. if you have an on-line presence, back to macy's, they plan to hire for on-line. there's no stopping amazon. they closed up 400 and it's

going to go up more this morning. the writing is on the wall. on-line king. traditional bricks and retail mortar hard keeping up. income inequality, sheila jackson lee, democrat, texas, on redefining welfare. >> maybe the word welfare should be changed to something, a transitional living fund. for that is what it is for people to be able to live. stuart: all right, well a transitional living fund. transitional implies moving out of poverty, i think a lot of people are trapped in poverty because of government policies. look at this, 50 million people live below the poverty line. the poverty rate is 15%s same as for years. and 47 million people on food stamps and millions trapped in poverty. today we get one part of the president's solution. look at them. five so-called promise zones.

santonio, los angeles, choctaw nation in oklahoma, philadelphia. and we're looking at a small rally will again this morning and tech leads the way. amazon above 400 and moving higher still. t-mobile's in a price war with at&t and alibaba, that means yahoo! making big huge gains in china. we'll tell you what that means for yahoo! at the bell, yeah, next. [ chilen yelling ] [ telephone rings ] [ shirley ] edwa jones. this is shirley eaking. how may i help you? oh hey, neill, how areou? how was the trip? [ male announcer ] with nearly 7 million investors... [ shirle] he's right here. hold on one sec. [ malennouncer ] ...you'd expect us to have

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dell is honored to be part of some of the world's great stories. that began much the same way ours did in a little dorm room -- 2713. ♪ this magic moment ♪ ♪ this magic moment but with less energy, moodiness, and a low sex drive, i had to do something. ♪ this magic moment but with less energy, moodiness, i saw my doctor.rive, a blood test showed it was low testosterone, not age. we talked about axiron the only underarm low t treatment that can store t levels to norm in about two weeks in most men. axiron is not for use in women or anyone younger an 18 or men with prostate or bret cancer. women, especially those who are or who may become pregnant, and children should avoid contact where axiron is applied as unexpected signs of por increased acneor in women may occur.air report these symptoms to your doctor. tell your doctor about all medical conditions and medications. serious side effects could include increased risk of prostate cancer, worsening prostate symptoms, decreased sperm count, ankle, feet or body swelling, enlaed or painful breasts, problems breathing while sleeping and blood clots in the legs.

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♪ match maker, matchmaker, make me a match♪ >> i'm not quite sure about that one, but we're talking 3-d printing and it's a game changer, that's what we're calling it. in the next hour we'll talk to the man who prints liver, lung and heart tissue. the future is now on "varney & company." here comes the opening bell. right before that we've got scott shellady out of chicago. all right, scott, i'm saying we've got a modest economic improvement on our hands. because of government action or despite it? >> i thought about that question, stuart and here is my

answer to you. i will give credit to the government for a modest economic improvement. because if we didn't have the government, we'd have fantastic economic improvement. so, that's the way i'm going to look at it. i'll give them credit for slowing it down, but we're improving because if they weren't there, we'd really be improving. stuart: we love you scott shellady. it's time you get back to new york, get out of that cold weather. >> all right. stuart: check the big board, we're off and running and we're up just a little bit. early going, 20 seconds into the session and 20 points higher. 16,480. looks like we have to make amazon a horse race stock. above 400 yesterday. up 50% since last january and look at this, nicole, up again. nicole: yeah, it's posted all-time high at 405 and change. so it's up 3/4 of 1% as it crosses the 405 mark and see if it crosses all-time high. the point of the story is that the fourth quarter and the amount that they ship surpassed

all of 2009 and 2010 together. stuart: repeat that. it's on-line. nicole: what they shipped out in the fourth quarter of this past year surpassed two whole years put together. 2009 and 2010. stuart: okay. point taken. nicole: record. stuart: that's why they're moving in on a record high. thanks, nicole. i want to track twitter as well. this is another of those up and down stocks. every day it moves up or down like most of them. the big swings on twitter. this morning opened 1% higher, 59.80 on twitter. a lot going on at macy's, upbeat outlook and laying off 2500 workers, closing five underperforming stores. the market likes that. 6% gain for macy's. sandra smith with me. mortar, bricks and mortar, that's a hit on bricks and mortar. >> you're going to look at that as a warning sign from macy's. keep in mind, they're opening eight more stores and producing a profit. so, they're looking at the broad picture right now.

they've deciding to layoff workers and the reason why investors are applauding this move is because they're proactive in an environment where bricks and mortar are struggling right now and people are shopping on-line. stuart: and macy's is transferring assets to on-line. they're beefing up their on-line business. >> so shopper tracks reports, that 10% of the overall market. the problem is that that number is growing by the day. so macy's is obviously showing that they're tackling that issue and it's going to be a struggle for these folks. guess what? macy's is big in apparel and people want to go in the stores and feel the clothes and try them on. one thing they've got going. stuart: is that right, macy's at 55.64, up, is that the new high, justin? it is. 55-- here we go. >> dillard's the department store change, 52-week highs. they're starting to do something right. laying off people, cutting cost. stuart: and expanding on-line. i think it's important. disappointing numbers from bed, bath and beyond.

down it goes, big time. 9, 10% down, another bricks and mortar casualty. >> they're struggling and the reason being, they sell things a lot of on-line retailers sell and people are getting strategic with their buying and doing research and able to pull the trigger on-line and have it sent and dropped off on their doorstep and bed, bath and beyond is struggling with that. stuart: stay with retailers, j.c. penney was down yesterday, but up 3%, piper jaffray says buy it. i think listening to charles payne. and we're calling it the amazon of china, talking about the on-line retailer alibaba partially owned by yahoo!. it's now the biggest e-commerce site on the web. it's moving into a new space as well. the company's announced yesterday they're setting up a mobile gaming platform. that's a play that could help it expand its reach into china's whole mobile market. and the vice-president and managing director of in moby

north america. explain how big alibaba is. we say it's the amazon of china, is that accurate? >> so alibaba is definitely the dominant e-commerce player in china. as you mentioned the dominant e-commerce site in the world. alibaba actually has a consumer to consumer service very much like ebay, as well as a shopping portal like amazon. stuart: it's a combination of ebay and amazon together. and tell me about a move into the gaming platform. i'm told that that's alibaba's way of getting into-- getting not just, it's into the internet, got that, but it's now trying to get into mobile devices and this is its way of doing it. is that accurate? >> it absolutely is. but i would say it's only one of a series of moves that it has been making and it will move into mobile. they publicly stated that they're pursuing this area very

hotly. they've invested in a twitter-like service called wabo in china earlier and they've launched a payment platform on top of that so we seeg as the next logical step for alibaba to take in mobile and we actually expect many more moves after this. stuart: we follow it closely because yahoo! has a big churning of alibaba and i think that yahoo!'s stock goes up, it's close to a high of 41 because of the stake in alibaba. my question, too though, is alibaba as well-run, is it the same kind of dynamic company as amazon? we think of amazon as being extremely well run. >> certainly by reputation alibaba has a tremendous reputation in the internet community and i would say formerly in just the chinese business community and now i would say the global community. it has similar to amazon, founder ceo's that have scaled and matured the company. so broad-based absolutely, it's

a very well-run company and well-respected. stuart: going public when, do you think, real fast? >> ooh, very good question. most people think sometime later this year. they actually have a lot of assets. i think, it's not a matter of raising capital, obviously. they are quite profitable so it's really maybe later this year, but you know, i think timing has something to do with it in terms of the overall market timing. stuart: we've got you. thank you very much for staying with us today. an interesting subject. come back again soon, thank you, sir. ford motor increasing the dividend. the ford family is going to cash in on this one. nicole, tell me all about it. nicole: no doubt. the stock is up nearly 3% at $15.98 a share. they increased the quarterly dividend by 25%. this, they say, because of the strong balance sheet increased liqu liquidity, and also, positive business performance. stuart: okay. ford motor company closing in

on 16 again. okay, got it. let's get back to the economy. here is an old friend and favorite, michelle gerard with rbs. see that smile? >> there we go. stuart: oh, you're the sunshine of "varney & company," thanks for being with us. >> oh, thank you. stuart: okay, i'm saying that there is a modest economic recovery in progress. i'm using the word modest. how would you characterize it? >> yeah, it's modest. we've had periods where it looked better than modest and we're in one of those periods right now. unfortunately, perhaps, because of the government union they never actually sustained as long as we would like. you know, we've seen this every time around the turn of the year, and each of the last four years, the economy gains all of this momentum and we get all excited and hopeful, this is it, this is the year we'll get the big breakout and then it fades. by the spring we're all settling back to okay, it's just another head fake. we're worried about--

i'm not terribly pessimistic, but i think we may be expecting the economy maybe to do too much in 2014. stuart: at the beginning of the show we posed the question, yes, the economy is recovering. is it because of government or despite government? you seem to be saying that we've got a modest recovery despite what the government's going to be doing this year? >> yeah, i do think it's -- well, certainly through this expansion, it's been despite. i mean, you know, as you said earlier, we would be, i think, going a lot stronger had it not been for what some of the actions the government has taken in general, but i do think that it's true that, you know, we are seeing the companies being able to continue to invest, even in-- and hire even in uncertain environment. one of the things i've said is most recently, we've had with this budget deal and some of the things that happened with the government shutdown over and again. we're not necessarily worried about something like that in 2014. maybe companies are feeling less concerned about all of the

shenanigans in washington and that might help the economy a bit in 2014, but i think the regulatory burden, the higher tax rate. all of these i think so this the company still face will keep this from being a much better than kind of modest recovery. stuart: i'm glad to see you're on the correct side of the fence. michelle. >> i want to come back, so-- >> no, there's no litmus test for appearing. >> i know, i know. stuart: you've got to be good. thanks. and t-mobile reported strong customer growth last quarter. they're doing it by going after at&t's customers, offering to pay them to switch to t-mobile. have i got that right, sandra? >> yes, this is obviously at&t viewing t-mobile, the number four cellular provider as a major threat to them. so, here is what's happening, at&t is targeting specifically t-mobile and saying that if t-mobile customers switch to them they'll give you a credit.

on the other hand, t-mobile is saying any of the cellular customers, if you come here, we're going to give you $350. up to $350 credit because everybody is afraid of the fees if you switch or early termination to the contract or turn in the phone and give you another $300 for that. stuart: 300? >> yes. stuart: was it the t-mobile chairman or ceo, he was kicked out of a party or-- >> i remember something vaguely about that. stuart: and a disrupter. and so a battle for customers, i've got it. i almost made a mistake that. it's not a battle for customers on-line. it's a battle of customers from somebody else's network? >> that's right. stuart: dow industrials 33 points higher offering around 16-5 where we've been a couple of days. the battle lines have been drawn. the fight in 2014 will be about income inequality. john stossel is next. why do people vilify rich

businessmen and celebrate celebrities who just happen to be rich? stossel is right here. ♪ ♪ hey jealousy, hey jealousy [ male announcer ] e new new york is open.

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>> you're still hovering around 16-5 on the dow. where is the price of gold? no change. 1225.50. the price of oil has come down a lot. we're at $92 a barrel as of right now. to the stock market, weaker profit is family dollar. i'm surprised at that. the stock is down 5% on that

news. it's wealth hypocrisy at its worst. people seem to demonize rich business people, but they celebrate people who just are rich. that's the theme of john stossel's show this week, tonight i should say. here is a preview. >> making millions of dollars? no, it doesn't occur to me. >> they have a talent and they use it and get paid for it. >> does it bother you that tiger woods made 78 million last year? >> it doesn't bother me. if he can make it he needs to make it. >> does it bother you that some ceo's make millions when their workers don't? >> yeah, i think everybody should be treated as equal and make everybody comfortable. stuart: oh, and that's john stossel, he's here and the guy who has that show for tonight. people don't seem to understand wealth creation, do they? >> right, they can figure out why tiger woods ought to get a lot of money, but they don't understand why the entrepreneur should. they think it's a zero sum

game. if somebody-- bill gates takes a lot of money, we have less that there's this pie and he took a big chunk and we have less. they don't see that he baked millions of new pies and made us richer in technology understanding. stuart: i think that income inequality is level in a capitalism, you're always going to have the pyramid and always going to be there. >> it's going to grow as the economy grows and michael jordan can sell t-shirts in china and does pan and the disparity grows more. but to try to bring it back together leaves everyone poorer. stuart: what we should want-- you're a libertarian, pretty much. >> okay. stuart: okay, you're a libertarian and i'm a market oriented conservative. what i want to see is equal opportunity for those people who start down there to get up there in their lifetime. that's what i want.

>> and that's what counts. we have less of it in america because of things like our bad public school system, but we have mobile. pew did research following the kids of people 30 years later and the people in the bottom qui people of income 10% moved in the top. among the people at the top most moved out and the kids generally moved out of that group and moved all the way to the bottom. mobile still exists. that's important. stuart: that's why i came to america for heaven's sake and that's important. that's the theme of the show tonight. >> it is. stuart: income inequality? that's not a bad thing. it's inevitable. >> it's not a good thing it's just inevitable. stuart: i'm going to be tuning in tell me the time. >> 9 eastern. >> stossel is the name of the show, thanks a lot, john. technology is a wonderful thing and i'm even into talking about your smart phone on netflix. tech makes our lives better. more on that in a moment.

♪ i do know that i love you ♪ i know if you love me, too, whoa, what a wonderful world this would be♪ ♪ don't know much...

>> e-trades on-line trading systems shut down yesterday.

ha, that was yesterday. look at it now. new high for e-trade. shares of the container store flat after a big drop yesterday. this was a hot ipo just a couple of months back. an obama donor heads up the investigation into the irs scandal over the tea party. conflict of interest? you bet it is. we'll talk about it in a moment. and a new study says that government regul smoking improved the lives of 8 million people. government saving lives through regulation? what would judge napitano think about that? technology is a wonderful thing. it helps to solve a lot of problems. here is my take. item one, rare earth metals, vital to high-tech manufacturing. remember the scare when china tried to monopolize the market? relax, technology responded to the market grab with new mining and recycling methods. technology eased the rare ear

scare. second, america's chronic dependence on foreign energy. relax. technology has come to the rescue. fracturing and horizontal has called for gas production. technology means we will be energy independent as soon as six years from now. third, technology is helping people kick the smoking habit. the e-cigarette is technology's response to smoke and smell and the harmful effects of carcinogens in your lungs. for many the e-cig beats cold turkey. that technology would solve the nuclear waste program or threatening the world as we know it. my point is this, we should be open to optimism. technology can help. embrace it! we're not flat earth people. hey, if i can ditch my crackberry and come to love my iphone. anything is possible! 24/7. i'm sorry, i'm just really reluctant to try new things.

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approach. a scandal within the irs scandal, the in-house investigative is an obama donor. ♪ stuart: where are we on the stock market? we are up 15 points. we had been a lot higher than that. charles payne is here. we are seeing what i say is of modest economic recovery. join the debate. is this because of the government or despite the government? charles: despite the government. and what we are seeing is during the presidential campaign president obama tried to throw out a line that he wanted to build an economy, create an economy built to last. we already had an economy built to last, the greatest economy ever created in the history of mankind, driven by great american companies. these companies were smart enough to have enough cash to weather the storm, came back

quickly. productivity, laying people off or whatever but they have come back, stock market is a reflection of that particularly their power around a world and we're seeing it in the numbers. stuart: it is a modest economic recovery, we had a fantastic economic recovery if we didn't have any government in the way. charles: the public still not taking the bait. people keep saying why is the fed still pumping, why are they still doing this? i think they think they will get this money into the hands of the public. they are not taking the bait. at 3:00 consumer credit numbers came out for november. student loans, people are not using credit cards, people are not taking the bait. the public does not believe. stuart: 79% believe we recession. speaking of the economy the president will announce how the government can help economically challenged communities, they

will create five new province zones in san antonio, philadelphia, los angeles, southeastern kentucky and oklahoma. charles, is that going to help those communities? charles: i don't think so. we had these kinds of things before, these zones within cities, enterprise zones. what you have to do, you have to empower people to empower themselves ultimately. it is like the flight. right now detroit ten years from now will be a part of detroit that is amazing, it will be a beautiful flourishing mitropoulos but it won't be natives of the toy to enjoy that. they may clean the office but that is what you create here. unless you go out and help people to help themselves none of this matters. ultimately it is not going to help -- stuart: the president says he is

helping people who need help. you are saying he is not helping them in the right way. he is trapping them. charles: further trapping them. buckle down, have coverage occasional standards, not weaker educational standards. you want to get people and help them, stop enabling the things they do wrong, stop saying it is not their fault. you got to put a mirror up to the public and say this is you. stuart: you are a tough guy, you live in new jersey. charles: i am bubbly, that is the question for our buddy chris christie. the whole bully campaign already. stuart: two retailers going in different directions in terms of stocks. start with macy's. nicole: macy's is all good news, strong holiday sales, talk about what a great representation of a retailer they are with

management, a strong balance sheet, stocks 6.6% and a new 52 week high and give a good outlook as well. stuart: tell me about bed, bath and beyond. >> bed, bath and beyond down 12.5%, they cut their numbers going forward. turns out they have improved sales recently but they are worried about the margins and as a result cutting full-year numbers. stuart: surely they are worried to some degree about online sales because to me that is a brick and mortar operation and i could just as easily go on line and by the same stuff i get at bad that and beyond online, cheaper and easier. nicole: probably true and online surged and we saw foot traffic over the holiday season down 14.2% for retailers overall. if you are not working through bed, bath and beyond furrowing everything in it is not good.

stuart: thanks very much. talk about gee whiz technology. morganofof prince hearts, livers and tissue from human cells. the ceo keith murphy joins us from los angeles. i know you have been with us before but you have got to explain it all over again. are you really using a printer, a 3d printer to put out heart and lung tissue? you are really doing that? >> yes we are. it is the 3d bio printer of our own design but we'd take cells and put them in cellular building blocks and place those specifically almost like building something out of legos put the right skills and the right position to recreate the architecture of native tissue and after the whole thing is grown in an incubator afterward it tends to behave like human tissue and we have a number of examples of that now. stuart: at the moment you are printing out this tissue but it is only used for testing in labs. you and not printing new livers.

>> that is correct. we are printing out liver tissue and people talk about when can that impact human health? we are using that already in commercial ways. we work with pharma companies. the importance of the liver? is it can be used in toxicology studies. we don't print brain tissue to help an alzheimer's patient, literally had to cancel the drug in phase 2 trials because it had better from the elements, an alzheimer's drug. with we can do a better selection in human trials because we can show the true behavior of that in the liver in a dish that can help a lot of drugs move forward a lot faster. stuart: help me understand what you do. in 20 seconds can you tell me what you put into the machine and how you convert the input into liver tissue? go.

>> it is about building layer by layer. imagine building something out of legos, the machine does that adam micro level but it takes sells either from individual patient, stem cell from a human, individual patient who donates those cells for their own use later or a research -- we take those, bill buckley by layer and make a living structures that grows in an incubator. stuart: take me down road, tell me how many years before you can print me a liver. >> what we are doing in terms of making tissue's the going to the body. we are working an animal trials day. these are things we have in the order of five years. stuart: your stock was one of the best performers of 2013 if i am not mistaken and you are up

another 3% today. i know you cannot comment on the likely progress of your stock but can you tell me that your business is going to expand significantly in 2014? >> what i can say is the reason people are responding to the company's story is 2013 late out a lot of progress and should have to new avenues to have success so we showed a undelivered the demonstrated it is behaving like a liver in the body, has the same functionality as a liver in the body, showed new data on things like breast cancer? tumors that can be used to test new breast cancer drugs, things like this inside people and the overall market we laid out a better picture of the overall market opportunity, $7 billion spent annually by pharma companies on research services in vitro in the lab and in animals. we have the opportunity to take a chunk of that overtime. stuart: it is cutting edge stuff. thanks very much for being with

us and presenting the full story. we appreciate it. charles, you liked the stock. charles: the only things i wanted to find, barrier to entry, who else can do this and some anxiety on wall street about some wheat year insiders' sales by the executives. more than likely whenever you ask, that is state planning. stuart: i was looking at keith murphy's company as gee whiz technology. charles: i want to know when they can print a liquor. tell me it is possible. a lot of people think they are on to that. stuart: back to nicole petallides, two new highs for two big tech companies, starting with amazon. nicole: amazon up 0.1%, 402.3 to hit the new high of 40689 as they have surpassed all the

records, more than 1 billion units worldwide were ordered from their market place during this time. stuart: did you tell me in the fourth quarter of last year they sold more stuff than in the previous two, fourth quarters combined? >> something like that. the fourth quarter of 2013, the shipping, what they shipped out surpassed all of 2009 plus all of 2010. two full years. stuart: no wonder it is 400. tell me about facebook. a new high. >> continuing to move higher, $58.96 was the high today, it is up 90%. stuart: how about that? california governor jerry brown is going to lay out a plan later today to increase state spending on schools, social services, environment, by 8%, that would add billions of dollars to the state's budget.

governor brown claims he can do this because the economy is turning around. this is exactly what previous governors of california did, spend, spend, spend and get into trouble later. charles: the ultimate version of putting the cart before the horse. the economic miracle in california was this gigantic tax increase that was retroactive. they were able to go back into time and take money from people. stuart: that is how they supposedly balance their budget, retroactive tax increase, you can't expect the same resolve this time around because they can't go back retroactively. stuart: you add in a few things, a couple high-tech silicon valley ipos at at little one time jolts and you have the facades of an economy that is growing by leaps and bounds, it is a crazy mistake. these at the entitlements that promises are made by politicians to get to a guy like jerry brown could be a politician for 50 years but it doesn't help the state ultimately. they have a second chance at

life. take baby steps first. stuart: that bullet train is in tough times as well i think. i don't think they will be able to do it. stuart: it was a disaster from the very beginning. the cost and public opinion. stuart: the former legal and state. "after the bell" a headline that could have significant implications for the 2016 election. not playing well for new jersey governor chris christie. we are talking traffic delays, politics and the george washington bridge. welcome back. how is everything?

there's nothing like being your own boss! and my customers are really liking your flat rate shipping. fedex one rate. really makes my life easier. maybe a promotion is in order. good news. i got a new title. and a raise? management couldn't make that happen. [ male announcer ] introducing fedex one rate. simple, flat rate shipping with the reliability of fedex. of the dusty basement at 06 35th street the old dining table at 25th and hoffman. ...and the little room above the strip mall f roble avenue. ♪ this magic momt it is the story of where every great idea begins. and of those o believed they had the power to do more. dell is honored to be part of some of the world'great stories. that began much the same w ours did.

in a little dorm room -- 2713. ♪ this magic moment ♪ [ male announcer ] this m has an accomplished research and analytical group at his disposal. ♪ but even more pressive is how he puts it to work for his clients. ♪ morning. morning. thanks for meeting so early. oh, it's not a big deal at all. come on in. [ male announcer ] it's how edward jones makes sense of investing. ♪ stuart: have i got a big mover for you, huge, intercept pharmaceuticals, new liver drug fearing a major test, could be closer to fda approval, it will treat liver disease due to fast build the.

the stock is up $190 at 262. that is a big mover. charles is going to make us some money. charles: the networking equipment provider, antennas and mostly optical stuff. hy love this company. it has a tough time, 25-26, a huge resistance, earnings estimates have been going through the roof. last time they reported revenues were up 9% quarter over quarter, 25% year over year, gross margins 37% from 35% quarter over quarter, a 30% the year ago, operating margins 15% from 6% in one year, data communications applications have been surging like crazy and this will be off to the races. stuart: it doubled since last june and last december. charles: even higher share price. stuart: it is american or finish? charles: i think it is american.

stuart: we will take it. new jersey governor chris christie facing allegations of creating traffic jams in new jersey in order to punish a democrat mayor. look at the front page of the washington post, scandal engulfing chris christie, incident threatens new jersey governor's image, cover of the new york times chris christie faces a handle on traffic jam. kerrimac in any is here, there was a whopping great big traffic jam at the george washington bridge. aides to chris christie supposedly suggested that they create this traffic jam to unlike and upset the mayor who was not a chris christie supporter. if that is the case and the e-mail suggests that is the case that is a disgrace. >> it is an absolute disgrace. i read the four ambulances were stopped from getting through to emergencies, 191-year-old woman ambulance delayed and she died of heart attack.

an absolute disgrace. stuart: chris christie will have a press conference in 45 minutes, he says he didn't know anything about that. >> i have a hard time believing that. it strikes me as obama not knowing about benghazi being a terrorist attack, the claim they always put out. maybe he did it but what i will fit, and overarching narrative, chris christie, a conservative voters cannot trust him. stuart: you don't like him? >> i am not a big chris christie fan. stuart: when you are conservative and don't like the guy. >> you can't trust him at all. he was supposed to give a speech on behalf of mitt romney but it was all about himself and hugging obama weeks before the elections, refusal to campaign -- this is a guy who hasn't been loyal to my party. stuart: do you not think maybe the rest of the country doesn't think much too a traffic jam on the george washington bridge and doesn't care and would love to see a guy in the white house who kicks his enemies, beat them up

instead of apologizing? tough guys might be popular? >> tough guys might be pablo but likability is important and the bully act gets very old very quickly and likability is so important, we need someone like obama who was likable or like ronald reagan who could sell conservatism and a likable fashion to people who were not conservatives. stuart: even in boxing they have rules, no punching below the belt, that might have started in england so the bottom line is we want someone who is tough but also american public, might seem we are making a mountain out about molehill but it dovetails into the other stories of bullying by chris christie. stuart: are you prepared to write him off as a national republican candidate? charles: i think he has done some brilliant things, the rest of the gop could learn from, reaching across to people who would never vote for a republican. the rest of the party and run the country particular release

south of the mason-dixon to learn from that but his own personal selfishness is sticky. stuart: in this press conference i don't know what he will say but suppose he says heads are rolling, lot of them, firing a lot of people, he says what happened was a disgrace and i will personally apologize to the people of new jersey, those who were messed around with on the traffic and the mayor of fort lee. would that be enough? >> it speaks to the company he keeps around him to have a deputy chief of staff who would think this is okay speak for lee of chris christie and to think in wouldn't know this is going on in his own administration is equally poorly and the gop would be shooting themselves in a foot. charles: i think it would help. you have written him off. i think he has already fired a couple people which is something we didn't see from president obama. if he came out and apologize this would be the kind of thing, the idea sick of fans love, people who love this to work

with powerful people, do almost anything for them and chris christie's responsibility is make sure it is in line. stuart: this occurred before the november election. why on earth would the governor of new jersey who is leading by 20 or 30 points do such a stupid thing for the mayor of fort lee? charles: messes things up for everybody. >> and -- stuart: this and he knew about it. >> i give him the benefit of the doubt and assume like i did with obama that he didn't know about benghazi and the web site. stuart: why is that conservatives always eat their own? >> i don't know. i need to stop it. stuart: the irs scandal back in the headlines. the latest development and obama

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stuart: look at airline stocks hitting new highss because of an a grade from deutsche bank. all of them. look at some go. i see united up 11%. that is a rally. the address scandal is still there. the attorney heading the internal investigation into the scantily frequent and significant donor to both democratic national committee and president obama. i say that is a conflict of interest and liz macdonald i am sure is going to agree. liz: that is what the gop is saying. they are saying they are demanding as we speak that she be removed because she has been a political donor to the democratic party and this president. stuart: her name is barbara k. busaman and she gave 3,600 in 2008 and $2,500 in 2012.

not a great deal of money but she is not a superrich hollywood celebrity. liz: she came through the civil rights field. putting a partisan donor leading a probe into partisan activity, alleged connected the smacks of severe conflict of interest so whether she has to step down remains to be seen. stuart: it kills the investigation. liz: that is an investigation that has been delayed, the findings for months. darrell issa and jim jordan are saying, get to the bottom of the tea party probes, tell us whether this was partisan, come to the conclusion but do not have this person leading the pro. stuart: i don't think they will ever get to the bottom of it because there is a possibility it would directly link the president of the united states using the irs against his political opponents would that is your speculation on my part but that is where investigation might lead and that is why they are not going to be it.

liz: top democrats like al franken and charles schumer pressured the irs to do this. we have those letters and reports on your show. stuart: on to the extra money the irs is demanding in order for them to police obamacare. they want more money. liz: the address is seeing their budget cut but the president is saying i want to give the irs more money, $1 billion more than the irs has been spending in the last fiscal year, bumping up to $12.9 billion from $11.2 billion. here is the problem. the irs remember last august was found according to the inspector general for the treasury department for the administration found $67 million in taxpayer money missing at the irs, that money was supposed to help health reform. basically the problem all along, the irs taxpayer advocate has been saying this, is that we are basically talking more money at a problem where you are turning the tax collector, the irs, into

a body that has to enforce policy and that invites political activity and the irs, the fear of the concern of that. stuart: don't say anything. you are itching to get in. charles: covering it all. stuart: we have one more topic for you and is this. lenders may be looking at your social media pages like banks and judging your creditworthiness based on whether you have a dead beat friends on facebook. is that true? liz: or whether you have gotten fired from your job, telling banks and credit agencies one thing but saying something different on facebook or twitter or linkedin and if you have a small business the lender is looking at whether or in small business gets negative reviews on ebay so whether this is a good thing or not i will tell you something, lenders do not have to disclose that they are doing this to the credit reporting agencies and that has people in washington up in arms. stuart: if i am taking a risk by

lending money to you i want to know everything about you. i am the one taking a risk. some people call it snooping. liz: lenders would agree with you, and the social media sites make money off of this. and if you use it pay up. stuart: a couple did beat friends. charles: it helps if you don't have friends. stuart: nothing complicating my life because i have no friends. liz: we will check the likes on your face book page. stuart: i don't have a face book page. no does. move on. i actually like, smoking. unsuccessful regulation. will judge andrew napolitano agree with me? he is next. dentures are very different to real teeth.

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stuart: an opinion piece in the

washington post says obamacare is working despite what critics say. i am quoting directly. despite the treasured right wing talking points is increasingly clear obamacare is a success. moreover in places where obamacare is not working is clear that the right wing is to blame. here is the problem with that assessment. it mainly uses numbers of people signed up for medicaid and people hundred 26 covered by their parents. charles, this is pure nonsense. it is a success. if you tether people to government care, that is a success. charles: people who have no skin game feel great about it. are you kidding me? getting something for nothing. by the way the republicans didn't find this part. early on republicans said there are certain aspects of it, preexisting conditions. if you want kids to stay at home until they are 26, not a single person on the right fought against it but that would take

two lines, not a 2,000 page act. what about people whose premiums are going up, millions who have lost their coverage, let's get everyone -- stuart: this opinion writer wants single payer. he wants everybody in the government with an elite that goes private for the best doctors and specialists. that is what these people want. charles: every time this topic comes up, they take the smallest part of this and say it is a good thing. absolutely amazing. it is ever a hard time. judge napolitano: the single payer indeed go private. stuart: i should formally introduced the judge but you know who he is by now. the judge's story, 50 years ago, a surgeon general who first reported serious health risks from smoking. a new study says the surgeon

general's reports and other tobacco control efforts extended the lives of eight million people, adding 20 years to their life expectancy. the judge is here on that. i personally approve of this regulation. i don't like government. i want them to keep away from me but in this case i approve of it because it has worked. it is the most significant public health initiative in several generations and has worked. judge napolitano: you like the government that you like and dislike the government that you dislike. and that government is the most efficient mechanism for bringing about good. i am fiercely against smoking. my father who is probably watching now, 3 packs a day for 30 years including at the dinner table, totally turned my mom. and won't go near it. i am not going to impose my view

of the wisdom of smoking and use the coercive power of the government to visit others. what coercive power is being used? if smoking were as bad as the government claims it is why doesn't it ban it? why not? it has collected in the 20th century, the first 14 years the last century over $1 trillion in taxes. the government does not want you to stop smoking. it wants you to buy cigarettes so that it can earn $1 a pack that you pay. stuart: you would have no antismoking regulation from the government? judge napolitano: you have to tell me what you mean by government. is a function of the government of the states. take our home state, three of us live in new jersey, what is good and what is that and encourage you to be a safely and discourage you from the hating and safely. that is a lawful constitutional accepted long time function of the state.

that is not a function of the federal government. you are counting as the british tell you, you are touting the central government at wagging the constitution. charles: after these warnings on cigarettes, all the lawsuits afterwards, still did know. they shook down these tobacco companies pretty good. judge napolitano: over $7 billion and what did they do with $7 billion? last time around, much more than that. charles: hundreds of billions. judge napolitano: into the general coffers of the state and smoking has not gone down. judge napolitano: here is where i would agree with you and let's see if we can come together, a melting of minds. is it possible? i don't think any government, city, state or federal should tell a restaurant owner you may

not allow smoking in your restaurant. judge napolitano: i agree with you. i like going into a restaurant and not dealing with secondhand smoke but i don't own the real estate. the person who owns the real estate and is running a business should decide. stuart: what about the issue of secondhand smoke? that was the back door of intense regulation. if you can show a health hazard to anybody around you who gets to inhale your smoke then you have a problem. judge napolitano: i have no problem with the government prohibiting secondhand smoke on the government's property. government owns the sidewalks. would be impossible to police, the government owns the stadiums, a captive audience, you pay for the ticket, the government-owned the real estate, if the government wants to say you can't smoke on our property and it is a popularly enacted legislation, not michael bloomberg or chris christie signing an edict, the legislature of the state of new jersey on government property.

not acceptable for congress to do it because health is not a function of the federal government but it is acceptable for local towns, cities and states to do it. stuart: if you and i wish to take a trip together to colorado, going to a pot shot, come out and smoke the thing close to you, you get high from my smoke, you approve? judge napolitano: no. i approve what you putting your body but not in line. stuart: thank you, always good. a new apps that would help our troops when they come home. technology leading the way on this one. we will show you how it works. ♪ [ bell ringing, applause ] five tech stocks with more than a 10%...

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stuart: snapped chats apologize for a security breach that exposed the numbers of millions of its users releasing an update to an apps today that will allow users to opt out of linking their phone numbers to their account, snap chat. ford raising its dividend, big payout for the ford family which owns 70 million shares, the stock is $15.83 up a little.

big news from macy's laying off 2500 workers closing 5 underperforming stores but expanding its online division. investors like it, stock up 8%. different story from another retailer, bed, bath and beyond, disappointing profits, lowering the forecast, down goes the stock by 12%. up next using technology to help cope with post-traumatic stress. it is an apps. we will show you how it works. when i first felt the diabetic nerve pain, of course i had no idea what it was. i felt like my feet were going to sle. it progressed from there to burning like i was walking on hot coals... to like 1,000 bees that were just stinging my feet. i have a great relationship with my doctor... he found lyrica for me. [ female announcer ] it's known that diabetes damages nerves. lyrica is fda approved to treat diabetic nerve pain. lyrica is not for everyone. it may cause serious allergic reactio or suicidal thoughts or actions. tell your doctor t away if you have these,

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stuart: moments ago i said i had no friends. we have 58,980 friends on facebook for the show. it is true. to nicole petallides, a team clothing retailers zoom in down big. nicole: down 6%, down $24.59, had to lower their forecasts, sales were a disappointment in the holiday quarter lowering the forecast going forward, weaker than expected sales and margins on merchandize surprised them. they didn't make what they anticipated. the one area of strength was accessories, everything else and men's sales terrible. stuart: don't like that word. negative. thanks very much. charles says he will make money, all of us. can barely pronouns, and -- charles: all these retailer's same-store sales were

extraordinarily disappointing. the average person taking the bait. charles: it is as margaret energy play and i got to tell you. charles: down 4%. charles: from neutral to overweight, a huge run already. i actually had it once yesterday, our subscribers in it. here is the thing going for it, the electric grid, 7 years old on average, 50 to 70 years old has got to be repaired. they bring in all these new power sources, from $3.50 to $0.80, a huge player and got to get into the grid and there's cybersecurity from a 5 year period to 2013 water utilities alone saw a 60% increase in cyberattacks, our great is one of the most vulnerable areas in this country, this cold snap has been amazing for these guys. we saw power and electricity

demand setting records across the country but we can't make it. they are focused on utilities and businesses and are doing extraordinarily well. i think this stock will be one of those names. i would buy it and hold it, looking at out 401(k) name, not a run-of-the-mill name everybody knows they should take a look at this. stuart: thank you. a new apps called eva games at tackling post-traumatic stress disorder in the military so how does it work? joining us is the developer of this apps, our guest today, welcome to the program, good to see you. can you give me 20 seconds on explaining how the apps works? >> absolutely. the apps works by extending the physical space a counselor and patient would typically share in his room and extend it to cyberspace so once the patient leaves the room of the therapist they have a safe zone where they

share emotions and interact with text, pictures and audio notes. stuart: i get the air one on my smart phone, cap into it, put in my personal information about my p t s d, that links me to a family, a group of other people in the same situation, and ultimately links me one on one to a counselor? is that? >> some much. later one works as a little like facebook but it is strict 1-1 relationship so that the patient can express himself openly and honestly. the counselor. stuart: directly one on one. is it face to face on this apps or is it texting and e-mailing? >> it is via text and video. there's a video component as well, live video chat could be used with the iphone, and joy

and tablet. stuart: is there a cost involved? >> no. once it is developed it is the prototype right now would be free to all users. i just want to get it out so the troops can get the help they need. stuart: you are wearing a military uniform. am i to believe this apps is sponsored by developed by, paid for by the u.s. military? >> absolutely not. everything i said so far as my views only and not necessarily the views of the navy or the u.s. government. this is by myself and basically my after hours job i have been working on the last 18 months. stuart: forgive me for being personal. have you served in combat zones? have you returned with any element of p t s d? >> this apps was actually conspired from my time in baghdad, iraq. i did 12 months in 2009 that left me somewhat depressed and on reaching back to america i did some research and military suicide and mental health and

designed this blueprint and presented it in germany, got great feedback and at that point, personal initiative as a concerned u.s. citizen to make this reality. stuart: i want to tell you something we deal with a lot of soldiers on this program, we put a lot of military people on the air and i have never seen a military with such high quality people in it as the united states military today. we thank you for your service, we think your apps is a terrific idea and we will do what we can to promote it and popularize it. thank you, sir. >> if you need more information find it at evacares.com. stuart: we appreciate that. deep freeze across the country this week, texas colder than alaska and president obama's chief science adviser says it can be attributed to global warming. he has the most common kind... ...it's not caused by a heart valve problem.

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if you or someone you love has afib not caused by a heart valve problem... ...ask your doctor about reducing the risk of stroke with pradaxa. how did edward jones get so big? t me just put this away. ♪ could you teach our kids that trick? [ male announcer ] by not acting that way. it's how edward jones makes sense of investing.

lou: coming up at 7:00 eastern, robert gates with a scathing criticism of the president's leadership on the afghan war. armed services committee member congressman randy forbes reacts tonight at 7:00 eastern. join us. lou: stuart: as you know, freezing

temperatures across the country this week. what is to blame? global warming, of course. president obama's science and technology adviser had this to say in an official white house blog post. >> growing body of and suggests the kind of extreme cold been experienced by much of the united states as we speak is a pattern we can expect to see with increasing frequency as global warming continues. stuart: i knew it. this winter, supposed to be bloody cold. charles: they worked so hard at this they can have it any way they want. if it was mild these mild temperatures are because of global warming. 60 degrees, it is obvious -- i remember last year with the year before when they had this year his drought in texas and the president poked fun at governor perry and said your state is on fire, they have it anyway they want. someone else noticed this

before. the bug on -- a beautiful piece of music, the bottom line is this has been with us from day one. stuart: when you are writing your hot line at midnight do you listen to vivaldi? charles: a listen to but chilly --bocel --bocelli. stuart: you don't. next, your take on income inequality. but savings accounts? that's right, no hidd fees. it's just that i'm worried about, you know, "hidden things." surprise!!!. um... well, it's true. at ally there are no hidden fees. not one. that's nice. no hidden fees, no worries. ally bank. your money needs an ally.

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of the dusty basement at 06 35th street the old dining table at 25th and hoffman. ...and the little room above the strip mall f roble avenue. ♪ this magic momt it is the story of where every great idea begins. and of those o believed they had the power to do more. dell is honored to be part of some of the world'great stories. that began much the same w ours did. in a little dorm room -- 2713. ♪ this magic moment ♪ >> earlier we ask you who you think should make more money, ceos or celebrities. here is will some of you had to say. linda tweeted this. ceo talent is hidden in the bottom line and creating stable jobs to his celebrity talents are visuals. zia's deserve more. who is creating more jobs?

it really does turn out to this. and danielle says for the most part serous produce something tangible. your opinion? >> i vote with the free-market tell whether they can get paid, they should keep a. add to see the hypocrisy in them all. how quickly these large corporations turn 40 companies -- 40 countries, those are the real heroes. stuart: his point is, why did people feel okay about celebrities making money but they hated and see us make money? >> they identified the celebrities. stuart: it is a celebrity culture that denigrates capitalism. that is what we are doing. >> ciskei is one of us. he is hitting a baseball out of

the dominican republic. i identify more with him. stuart: we need an extra couple of hours. but i think it is yours. you're waiting for governor christie's press report. dagen: and most of the are. our attention turns to it trenton, new jersey. the governor set to take on the controversy over a traffic slowdown on george orson to bridge the was allegedly done by -- on purpose. connell: done it as retribution. he put a statement as of last night denying that he knew about any kind of involvement in this personally. e-mails have surfaced that shows there was involvement from his office in this. growing political scandal. as we wait for the governor's to come on making there marks we can talk about it for a few moments. this started as a minor, local story