♪ but that don't worry me none, in my eyes you're everything♪ ♪ i laughed at part of your jokes♪ ♪ my love, you didn't need to coax♪ ♪ oh, maggie, i couldn't have tried any more♪ ♪ imus in the morning >> oh, what a shocker. hardly any new jobs and more than 300,000 just walk away from the work force. good morning, everyone. catch your breath. nobody expected this. only 74,000 new jobs. the rate dropped to 6.7%. how did that happen? because 347,000 people dropped out of the work force.

worse yet, the participation rate dropped to a new generational low. the market's not happy. the pre-report rally, it's faded. you've got to follow this thing minute by minute and we will. and then there's this. the day after the chris christie press conference. that story received 17 times the coverage than the irs scandal received in six months. watch out, sears, it's the gm of retailing and we are putting you on death watch. ♪ >> apple invades blackberry's turf. yeah, it's a big day and "varney & company" is about to begin. how is everything? there's nothing like being your own ss! 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.

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>> oh, boy, let's get at it. the jobs report, dismal. the real headline for you, the participation rate 62.8%, lowest level in 36 years.

america's not working. 347,000 people gave up looking for work. paul conway former labor department chief of staff in d.c. paul, 20 seconds, how did this happen? >> absolutely devastating. i think what's happening is you hit it on the head, this is the true impact and the long-term consequence of president obama's economic policy and i think that people figure it out despite recent efforts to make it about income inequality or delink from obamacare. i think it's a devastating report from all americans, especially for the white house. stuart: stay there, paul, a lot more from you coming up. thank you very much indeed. we have two obamacare stories. we're going to update you on this friday morning. number one, health insurers say they don't have any records of 13,000 people who signed up for a plan on the government exchan exchange, officials say the problem is real, but under control. insurers are worried that they'll run into more snags if they're hit with a flood of new customers signed up in december. then there are reports that staples has been cutting hours

of workers to avoid health care coverage. and according to a leaked memo staples management are told don't schedule part-time associates for more than 25 hours per week. the market is going to open and we're not sure how it's going to go after that dismal jobs report. and also today we have real game changers for you. death watch at sears. abercrombie selling big on-line and world wrestling entertainment looking to change how you go et -- get your tv. whoa. all of those stories are next. ♪ ♪ ♪ ♪

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because it offers a superior level of protection. and because usaa's commitment to serve current and former miliry members and their families is without equal. begin your legacy. get an au insurance quote. usaa. we know what it means to serve. ♪ this is love, this is love, this is love♪ ♪ feel the love >> song is "this is love", the song is will.i.am. he loves 3-d printing. and come in from chicago, scott shellady. scott, something tells me you're not surprised that we've got such a lousy job creation number. you're not surprised, are you? >> no, and if you would have gone over the tapes for the last three or four weeks, and don't look now, move along, there's nothing to see,

everything is okay. i know the fed is not going to be able to get out of this without some bumpy ride. what do you think that janet yellen's first words are going to be at the fed meeting? what now? we don't have an answer and we've proven that government stimuli isn't doing the job. we need another way to stimulate the economy because we have a huge participation rate drop and must have a lot of 30-year-old retirees. stuart: you know, you make a lot of sense, scott. and how about this, how about that to get things going? i'm out of time and look, the market's open and we'll be follow this on a minute second by second basis. it's a dismal jobs report and there was a rally in the futures before we got the report and it's faded and we opened a bit higher, up 14, 16 points and looks like we're going to have to put sears on death watch after the company reported weakness all over the place. john layfield is here from sunny bermuda, that's why

you're here, by the way, john. do you agree, should we place sears on death watch? >> yes, unfortunately, like a lot of americans i grew up on the sears roebuck catalog. it takes a lot to turn the customers off. same-store sales were down 9.2%. eddie lambert has run this like a conglomerate not a retail business and it's a tough business, eddie lambert has figured that out and not running the stores, and unfortunately i think sears is going the way of the dinosaur. stuart: i have a bright spot in retail. abercrombie says it sold big on-line and up goes the stock. the price is down 30% in a year. look at it today. some 14%, what have you got to say about that, john? >> i like abercrombie, exactly what things are going on with sears, abercrombie & fitch is doing well and the on-line stuff. that's the migration of everything you're doing. it's a total retail experience.

stuart: it's on-line and that's where it's at. i've got new details on target from the data breach. it's 70 million customers whose names were breached. names, e-mails addresses stolen. 70 million. the company lowered the profit outlook as well. john, i say that stock is actually a buy. sooner or later, this is going to be out of the way and the banks will probably end up paying for this. what do you say? >> i think it's a buy, stewart. if it's not a buy here, very soon. once this clears out of the way. the worst security breach since 2005. it may be the worst of all time. target is a great company. they've lowered sales forecast for basically being flat in the fourth quarter to down 2.5%. when they do you'll be happy to buy the stock around these levels. stuart: john, please stay there. we're going back to sunny bermuda in a moment. this is without a doubt the horse race stock, intercept,

the drug company, it has a drug for fat liver disease. nicole? >> it just hit 400, i mean, it's unbelievable. 406. this thing is going wild. it was up almost 300% yesterday and it's up about 50% right now. as i speak, it just continues to run up. it's at 419. it's breaking through and it's all about liver, treating liver disease caused by fat buildup. it turns out they had a liver disease drug which met the goals of mid stage trials. with that, yesterday the stock soared, as i noted, up almost 300% and breaking through almost every moment that passes. our producer here kaitlin keeps yelling out the numbers, 388, 398. 400, 406. she is so frantic and that's the kind of stock it is, the horse race is a great analogy. stuart: that's an extraordinary thing and this is the stock of the day for sure. all right, nicole, i'm sure you're going to stay on that

one, but i've got to get back to this jobs report. we have austan goolsbee former advisor to president obama, now the professor at the school of business. austan, i've got to say this is dismal and terrible, in my opinion this points to the failure of president obama's long-term economic policy. how do you explain this report? >> well, it's definitely a big miss for this month. i don't disagree with that. i just -- as i always said when i was in the government and i'll continue to say now, you never make anything of one month's report, a three-month average is a lot better measure, more accurate measure, and if you look last month we were way over expectation and now we're way under, if you average those it's kind of middling performance that we've been having for some time. so, i think the fed's got to be definitely concerned if they got out ahead of their skis on this. but overall, it's a pretty weak1 report. stuart: it's a terrible report,

austan. i mean, look 62.8%, the participation rate? america's just not working at this point. >> well, yes and no. i mean the one thing that would caution you on that is. stuart: to ask the question-- hold on a second, austan. >> the participation record. stuart: wait a second, you've got to answer the question here. is this dismal economic performance last month and the weak economy that we've got going, isn't that to some degree pointing at a policy failure by president obama? >> if that persisted, then, yes. stuart: five years, austan. >> as i say the last month's report was actually quite good. just taking labor force participation, remember, that includes discouraged workers and people retiring and the aging of the population means if we come back one year from now, the participation rate is going to set a new record, and

two years from now, it will set another record because more and more people are retiring as the baby boom comes up. stuart: will you accept any degree of failure of president obama's economic policy? >> well, look it, it's not for me to judge that. we should evaluate the facts on the ground and this was a weak report. last month was a very strong report. let's keep an eye on this. if gdp turns up in the 3% range, which it has been running for this quarter, that would be the beginnings of success. if it turns back down to 2%, then we've got major problems. stuart: okay, austan. we thank you very much for being with us again and i'm sure you'll be with us next month and see what turns up. thank you very much. back to paul conway, he's still with us. i want to ask this question, obamacare, has that made any difference to these numbers? and looking to the future, will obamacare have a negative effect on the numbers in the next few months? >> i absolutely believe that

obamacare is more and more employers, especially small business owners become more and more familiar with the practical impacts of it, you're going to see a further freezing of job creation. i mean, in all due respect to austan, he's a good guy, but an architect of the house is not always the best reviewer of what the house looks like when it's done. he's an architect of this economic policy. the president owns this thing. and the focus has got to be on job creation and impacts on jobs, just as much as this administration puts a focus on environmental i am tactffactact- impact, every decision they prom gait, what is the impact. stuart: we appreciate your comment. come back next month, i'm sure we'll get another dose then. thank you very much, paul. goldman sachs says buy macy's. all right, nicole, any impact on the stock? >> it would have been great if they had said that yesterday when the stock was jumping. today it's pulling back a

little bit. they're cutting costs and gave an upbeat outlook for 2014 is and macy's owns also bloomingdale's and they're one of the retailers doing well. so as a result, goldman sachs gets up today and you know what? we're raising. and they think there's a potential. stuart: thanks, nicole, i lost you there and you were there momentarily. i understand that labor secretary perez said that this jobs report shows we still have work to do. that's a direct quote. world wrestling entertainment making a big announcement yesterday. they'll be launching a streaming service that will allow fans to stream wrestling events and original programming for $10 a month via the internet. we're saying this could be a game changer for wrestling. it's also maybe a template for the future of ala carte tv channels. john layfield is still here and he's a former wwe superstar and knows what he's talking about.

i'm not going to so much concentrate on wwe. i think this is a game changer in the delivery of the tv channel to your home via the internet. go. >> yes, i agree completely and for full disclosure, i do own wwe stock. and they pioneered closed circuit television and cable television. this is a big a came changer and this does lead to ala carte programming. you look at the yes network for the new york yankees. imagine going straight over the top as they call it in industry parlance to the consumer via on-line. you control everything, you control the entire interactive experience. wwe made the cable network the number one. and i agree, this is a foreshadowing, what's going to happen in the future for direct consumer content. stuart: i was almost distracted

by sight of you beating the hell out of someone in the ring there. let me get this right. i can choose which channels i want to bring in via the internet and if i want wrestling plus other original programming from the wrestling people, i pay 10 bucks a month to get that. if i pay to another channel and get ala carte political channel, i can do that. you see this as a wave of the future for the distribution of tv? >> no doubt about it, if i were the cable provider i'd be worried. vince mcmahon talked about this in his press conference he was going to get 20 cents per subscriber per month. and now they're getting $10 per subscriber per month and they're getting full boat on this. you're going to see companies going directly to consumers and this is a huge paradigm shift. we knew this was coming and we didn't know when. we're now seeing the first aspect of this. stuart: john, thank you very much, back to the beach for you. thank you very much indeed. check the big board, where are

we? rotten jobs report. we're up 33, 34 points shy of 16-5. the nsa stanley, it's not going away for president obama. after the break, congressman jim sensenbrenner, he was one of the architects of the patriot act. he joins us on the ns. a next. ♪ follow me everything is all right♪ ♪ i'll be the one to tuck you in at night♪ ♪ if you want to leave, i can guarantee you won't find nobody else like me♪

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>> this is a very, very modest rally. you can hardly call it a rally. up 22 points. 16,467. how about the price of gold. struggling back close to 1250 an ounce. big name you know, alcoa reported a big loss-- whoa, you don't often see a

company like alcoa and stock go down 6.8%, but it's happening right now. president obama talking to lawmakers this week about reforming the nsa. congressman jim sensenbrenner, he's one of the lawmakers who attended that meeting and also one of the architects of the original patriot act and joins us now. congressman, thank you very much indeed for being with us. >> good morning. stuart: am i right in saying that what you took away from that meeting is that the president is reluctant to make any changes to the way nsa surveils america, right? >> you're absolutely right on this. the patriot act was never intended to allow for the bulk collection of everybody's phone records and if that was the case, it never would have passed congress 12 years ago. what we need to do now is to pass a legislation to make sure that it doesn't happen, and to have more transparency of what the secret fisa court does so if there's any change in policy

we would know about it and we would be able to debate it and to make whatever changes in the law we felt were necessary. stuart: congressman, i don't get it, to be honest with you, i don't get it. president obama is losing young voters on this issue, young people especially do not like the government checking up on what they're doing electronically, they don't like it. so, why is the president standing so firm behind the interpretation of the patriot act and the use of the nsa as he's doing now? >> well, stuart, you get it. the president doesn't. and that's unfortunate. they seem to think that having all of this bulk collection can identify terrorist plots before they're actually executed and the submission, the justice department game to the federal judge in d.c., they said that all of these millions and trillions of phone calls, there were only three cases where this quote, metadata might have

stopped the terrorist attack and urgency about it. why do they need all of these phone records if there really isn't any data that could be mined to make us safer? the danger of this falling into the wrong hands and being used to go after personal identification, which has nothing to do with terrorists or law enforcement, is just staggering. stuart: congressman. >> the president is saying, trust me. stuart: i'm coming up on a hard break, but i have to ask this question, can you reform the rules for the nsa and keep me safe and make me at the same time make me feel i don't have big brother looking at me? can you do it? >> sure, we can. and senator leahy and i have introduced the freedom act. there's got to be a balance between security and privacy and civil liberties. the president has tossed any concern for privacy and civil liberties out the window and it's about time we retrieve it

and get it back into the mix. stuart: congressman, thank you indeed for joining us on a very important subject. thank you, sir, appreciate it. >> thank you. stuart: president obama and promise zones. chris christie and the george washington bridge. my take on political style is next. ♪ ♪ princes who adore you ♪ diamonds in his pockets ♪ this one wants to buy you rockets♪ ♪ marry him or marry me

>> the age of the jet son's may be here, not sure you're going to like it. new at 10:00 a smart fridge that sends you an e-mail when you're out of milk. do you think that's cool? would you really want that? can't believe it. the youth misery index. it's at an all-time high under president obama. how did he fall so low among millenials. two high profile politicians makes an appearance. governor chris christie and president obama.

two contrasting styles. the president highlighting the zones. he looked defensive, in the face of sharp attack. i know that's a value judgment. that's the way the president came across to me. and yes, i'm critical of his policies, but that's the way he came across. and governor christie faced questions about the traffic jams and he was in a deep hole. he came across as forceful, honest, contrite and tough, tough on himself. he spent nearly two hours answering each question at him. you don't see that often. i'm making a value judgment about his style. to me the governor came out of it in better shape than when he went in. and then you're talking about style, not policy, not the content of the two appearances, but the style is very important in politics. how we perceive our leaders has a big influence on how we vote.

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it is friday, jobs friday. what a shock. the obama administration delivered. hardly any new jobs and hundreds of thousands of drop alls. the nation is just not working. we are on the market's response. of ridge that texts you know more milk. we will show you what they claim is vote future. oh please. paypal's cofounders here, bill harris on what to some is a revolution, sony, the netflix of streaming games. we bring you the war on coal. china is still buying. super bowl ticket allocation under attack. we have a lawyer leading the charge. charles payne gets what he wanted, the fork that tells you when it is time to stop beating. not quite what you were expecting of financial program. maybe that is why so many of you are watching.

big story of the day, first of all check the big board, down 6 points. it was a dismal jobs report. labour participation rate at a generational lowe, 36 year low and we got the white house response to that jobs report. they are flat out playing the blame game. here is congress allowed extended unemployment insurance to lapse at end of 2013 cutting off a critical lifeline to those who lost a job through no fault of their own and are still searching for work. that is their response? they also highlighted a drop in the unemployment rate, let me remind you that drop in the rate was because a lot of people, 347,000 of them, stopped looking for work. the white house also blames, what else do they blame? the weather? sandra smith, you are here, charles, you are here. what is going on? sandra: these are horrible numbers and no way to mask them and anyone who wants to look at

this drop in the unemployment rate, something to be proud of, this is merely a reflection of the dropping out of the work force and the very few people that are actually looking for work that are out of work. may i remind you that while we have come if our way out of the 10% high in the middle of the recession we are still above at any .15 years leading up to the recession the unemployment rate is still above that. stuart: we are still close to 1 million jobs short of where we were in 2007. what is your take? charles: the earlier this week the fed release them minutes and that we don't believe the jobless rate. we are not going to look at that number. a lot of people say why wouldn't you? they understand the reality of it. 6% unemployment rate the way we are going now, i did a calculation this morning, 6.7 million people dropped out of the job market since january of 2009.

because the rate was 65.5 when president obama took office. that is an amazing number. sandra: lot of part-time workers as well. stuart: i will characterize it as dismal and leave it at that. any arguments? obviously not. bring us back to the reality of individual stocks moving up and down. abercrombie is up big and that is because of online sales. nicole: they are raising forecasts to stop, when you said big beat you were not kidding, it is up 12%, raising full-year earnings forecasts, turned out sales are not great, they sought a loss of 6% decline but what that showed, that was an improvement, less worth, not as bad as people had seen, it was a loser overall, it had a stigma now with it, it has been under scrutiny, they have a lot of commentary and tried to add larger sizes and do things like

that to improve their image and improve what they give to the government. stuart: i do believe online you go begin to online and your stock goes up. that is my opinion. nicole: that is what we have been saying. stuart: thanks. this year won't believe. talk about greenies gone wild. a group in san francisco wants to remind drivers that killing their cars with gas is contributing to global warming. they will slap a sticker on gas pumps similar to those on cigarette packs. this according to the san francisco chronicle. it is true. sandra: the worst part is the unintended consequences of them pushing for something like this, targeting san francisco, targeting berkeley, targeting oakland, calif.. guess what? this is -- noting an image of the sticker they are proposing be put on the pumps this is the

state of california has determined you should not be driving a car or filling it with gasoline. this is no proven science. california telling you that you should not be driving. charles: already have the highest gas prices in the country. sandra: traffic gridlock. charles: what is the alternative? a rack of bicycles and skateboards? how do you want me to get to work? stuart: have you been to san francisco? charles: maybe if we get -- what is the most -- stuart: you cannot ride a bike in san francisco. get out of here. got to move on. of big theme at the consumer electronics show the connected home, appliance makers showing off everything from refrigerators that e-mail you when you are low on milk to robotic vacuum cleaners that

could be turned on by smart phone from anywhere in the world. social radar, here for more. let me deal with the fringe. you have a fridge that will e-mail me and say you are low on milk. do you think i want something like that? >> a lot of consumers love that technology. you have a lot, spend a lot of money on food, and it goes bad. what a great technology. stuart: you don't know when you are a low on milk? you can't just open the door and i am low on milk, better buys more. you can't do that? >> i look in my fridge less than i should but don't clog very much. i think there is some sort of energy saving and cost saving technologies this could help with. in the system that is out. stuart: the robotic vacuum

cleaner operated by cellphone anywhere in the world. do i want that? really? >> i would want that. i don't like vacuuming. i want to turn it on with a click of the button and on your smart phone apps you can see where the little robotic vacuum is cleaned and what needs to be cleaned, like a video game. pretty cool. stuart: i am not part of this. are you serious? charles: this is cool stuff. i want my refrigerator to non i am glenville, called a grocery store, have it delivered while i am on set with you. sandra: you went to the grocery store -- stuart: i go to the grocery store every day. charles: you are wasting time. stuart: i am getting blasted by

the producer. another big thing. ultra high death 4 katie thes. that is something i can go for. >> what is impressive is the systems were -- more affordable and the big deal content to share. read hastings of netflix was talking about how netflix is streaming 4 k content in a way that will not clogged up the pipes for other folks that are using streaming services which is a big deal. stuart: i am in for that. there are reports that the new samsung galaxys 5 smart phone will debut in april and may feature a retina scanner security feature. what do you make of that.

>> samsung is looking for ways to compete in the high end smart phone market and as we know apple is going to be released with china mobile later this month so they are looking for ways like apple had in their iphone 5 a place to put your thumb and scan that to allow your phone, looking for ways basically to out do apple in this arena. stuart: i am not going with the fridge or the robotic vacuum cleaner but i am big on the tv and i don't mind the i scanner. am i at neanderthal? >> no. it surprises me you like the virus scanner be enough privacy guy. i think it is an exciting announcement. stuart: that would seem to enhance security. you can't duplicate my eyeball or whatever is they are looking at. that was good stuff, thanks for a great record. we appreciate it.

i still have not received a text from my wife confirming i grow to the grocery store every day but i am waiting to. 3d -- wait a second. look at the big board. we turned south big time. we have a rotten jobs report at 8:30 eastern this morning, we went up when the market opened but only just. now we're down 50 points. charles: i told you the market once good news, they of wanted good news for a while. >> one of the first times the market hasn't taken that news and rallied the market because of the anticipation. charles: great news and the market making all-time highs, gray news up until recently. this is the first bombshell we had a long time. this market, it has been tapering and the market went straight up 5,000 points but i am telling you is this market wants america's economy to do well. not poorly. >> charles and i disagree on

what rallied the market for some time and this is a big difference in behavior from the market from what we have seen in the past. charles: i have been 1,000% right. in terms of making people money. i am not trying to scare people or make people afraid, to buy guns and live in bomb shelters. the market wants good news. >> what has been rallying is when to buy the market. stuart: we will continue during the break probably. 3d printing co. 3d systems announcing they hired a new chief creative officer, hip-hop star will i am. you have been a big fan of 3d systems, that is the stock that is a proxy for the 3d market. a good move? charles: i do think it is a good move. this guy is really up on technology, one of the big guys talking about we need to enhance our education.

a big proponent of science technology engineering and that and also a great spokesman because you get younker people into this this is the kind of thing in the year or two kids will be asking their parents for christmas i wan printer. better be $1,000 or $1,200 kids will go and wants to recreate the concert on a 3d printer. stuart: recreate the concert? charles: when i went with my son we took all these pictures, could recreate those into images on the 3d platform he would be thrilled to do that. stuart: i didn't realize you could do that. charles: a lot better than a leak check fees and blackberry. stuart: according to the young americans foundation, the youth misery index is at an all-time high, the youth is in great misery. this index has skyrocketed under

president obama. explained this. sandra: this is why this generation is feeling they will be lost generation. it has been calculated since 1993 using three metrics, youth unemployment which averaged 16.3% last year more in double the national average. student loan debt which last year averaged $29,400 per youth, the third metric each person's share of national debt which last year was $52,000. those three metrics combined hit an all-time high. you add them together that is the index so this is just a sign that these folks sitting at home living in their parents' basement struggling on a daily basis and many of them out of work. the average unemployment over 16%. stuart: the audience saw me give hand signal. charles: too bad they don't know how much that they are carrying. stuart: death watch, we are putting seers on death watch. shares bounceback at all?

nicole: we are watching seres. same-store sales sell 6%. co-ceo says sales are not where we want them to be. sears and kmart under that umbrella. to your digital point at they have really tried to move in to a rewards program, digital operations, social media, they are expanding in that area. however, it is not good news here as we are seeing to the downside, warning about the numbers, they did a lot of promotion, discount, does not mean big numbers. stuart: death watch, warrant at cedars. sandra: they are irrelevant and confuse on their focus, they sell clothes and hardware. charles: i have been a huge credit of 80 lambert for years, the only thing i kept up with his reputation and that is fading. stuart: we are not supposed to

get into america. sears was the general motors of retailing. charles: you could order a house from seer's back in the day. stuart: how about this for a game changer? netflix for video games. sony says that is the future of gaming and we are it. we will explain in a moment. 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. [ 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. ♪ of the dusty basement at 06 35th street the old dining table at 25th and hoffman.

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stuart: there are reports that staples has begun cutting hours of part-time workers to avoid paying for health care coverage under obamacare. according to a week memo staples managers are no longer allowed to schedule part-time associates to work more than 25 hours a week. staples says this policy has been in place ten years and the purpose of the memo was to increase the efficiency of its retail network. stable's employees are not

buying it. they file an online petition asking the retailer to refrain from cutting employee hours, 160,000 have signed in. are we going to see more of this? charles: absolutely. the pr push back. we saw already. clarence lotus is a fan of president obama, said the got to cut, garden, red lobster and the italian restaurant -- olive garden. anyway, when they came out, pablo johns said we need to move everyone to part-time. a gigantic public-relations push that included calls for a boycott. you are getting these companies, not sure how they will do it. by avoiding this stuff but obviously with this if someone in the organization gets the memo it will get blasted. stuart: it is happening. the reality of obamacare.

this week at the consumer electronics show, sony announced what we are calling a game change her. but play station now. this is a screening service for your play station, the netflix of video games and it is coming this summer. bill harris, former ceo of paypal and ceo of personal capital. of favorite guest on this program. and don't want to concentrate so much on sony but on what they are actually doing to introduce another area of screening. is it a game change her? is it a breakthrough? >> yes it is and it is even bigger than that little little earlier on the show you as am i in the underdog? they didn't quite answer. the fact of the matter is yes you are but you are showing signs of devolving into the 21st century. you have your iphone, you understand what is going on in the world. let me tell you this is a

threshold moment. january 21st, 2014, was the exact time we moved from being a connected society to a streaming society. i am exaggerating but give me a little poetic license. we have been in a world where everybody has computers and phones and do all these things, we have now moved into a world where we are doing multiple things simultaneously, multiple devices with multiple people not only streaming games, streaming movies, streaming games, when was the last time you went to a lunch with four five people when at any one time there wasn't somebody with their head down texting or looking something up or whatever. we are constantly communicating multiple devices, multiple people, multiple things, we are a streaming society and we don't know what that means or how it

will change us or change business, but it is here to stay. stuart: streaming content has changed the entertainment business. sony will change the gaming business and people like me, i am old, i'd tend -- stuart: >> you are at neanderthal. stuart: i don't understand the extent of it. >> i am not a gamer either. stuart: you say this is a breakthrough. let me get your comment on this. a new study shows nearly half of all americans use another device, something like the smart phone. many times later people tweet when they are watching. that is what you are talking about. >> 44% of americans, not just millennial, 40% of americans are doing this, watching tv and at the same time looking at their bloody little phone. stuart: enter me in english.

this is another revolution. what you are saying is -- >> every company in milk country, the world, what they have to do to survive and thrive is find out how they can use this kind of streaming always on technology in their business. one other thing we talked about last time i was on the show, mobile ecommerce, mobile commerce this year, what -- stuart: what do you mean by a mobile commerce? >> iphones or androids or androids up 500% year over year. the thing is out of control. stuart: i wish we had more time. don't ever call me a neanderthal and again. i am. i agree with that. i know it. >> the past couple of months you

have been telling everybody how marvelous this little black thing is. stuart: during the commercial break look at that picture. don't show a camera. thanks. mainstream media jumping all over chris christie and the george washington bridge scandal and if you want proof of a liberal bias in the press we have a glaring example for you even after a transparent apology like this. >> i am embarrassed and humiliated by the conduct of some of the people on my team. mine was earned orbiti the moon in 1971.

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stuart: check the market. you are looking at a small downside move after a terrible jobs report. hardly any new jobs created and the lot of people dropped out of the work force. look at alcoa. this is a doorstop stock, it has a big loss but it is always in that range, like $9 to $10.50, always there, made a big loss know it is down 6%. new details from target on the data breached, 70 million customers and their information compromise, names, mailing addresses, e-mail addresses:the

stock is down 1%. some people think it is a buy right now. the big 3 networks can't get enough of chris christie or the scandal, so much that they covered the traffic scandal 17 times more in 24 hours than they covered the irs scandal in six months. elizabeth macdonald is with us. you brought the story about the conflict of interest in the investigation. liz: both chris christie and the president and the irs work for the u.s. taxpayer. this isn't about what is best for the political parties but what is best for taxpayers. chris christie did go through a growing yesterday and deservedly so. what we are seeing here is media stepping down and dialing back. the coverage of a serious scandal breaking out at the irs and affect all of us. stuart: chris christie at scandal was about traffic and putting the people of new jersey

through hell. liz: and in harm's way. ambulances needed care and the search for missing children. stuart: the irs scandal was about an administration that may have deliberately interfered with an election by manipulating government machinery. liz: wagon circling, political vendettas and enough story needs for the media to grasp t irs. stonewalling, the fbi probe results, the tea party tax info given to the sec, whether the white house got confidential taxpayer information as well. stuart: a virginia court may game changing decision ruling that yelp, a business review website, must hand over the identities of seven reviewers who anonymously left negative reviews about a business. that will inkstands, know more anonymity when making the negative review. that changes the concept.

liz: absolutely changes it. put your name to the review, then you may think twice about doing that. i will tell you something else. it is about creating fake accounts to attack companies as well fast on the heels of a company saying to a utah couple we are going to find you because you made disparaging comments about our project and that was buried in the fine print. this is an evolving story. stuart: if you can trust the not anonymous will get the stock. was up 2%. you get the anonymity of the way and your stock goes up. you like this company. charles: i am amazed at how much we rely on each other as individuals for expertise as opposed to the so-called experts but it is great news for yelp. stuart: the superbowl, big money for the nfl, and where does pigman come around? the lawyers, up next, one of the

lawyers who is suing the nfl over what he says is unfair ticketing practices. he will make his case after this. [ male announcer ] here's a question for you:

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stuart: for a second day in a row intercept stock taken off. look at it up $140. it has a promising drug to deal with facts related liver disease. obviously investors love it. charles payne is here in charles: is a hit or miss. this is up 400 points in two days. when i started in business there was a company that was going to have a cure for sepsis and this stocks went crazy. everyone on the street loved it. lima put out an amazing record the stock is going to go up. it was going to go through the roof. be high on this stock was $465 a share. this is where it is a day. i am not saying it is the same

thing. this other one is going to probably get the new drug approval right away but for other people out there biotech will be a hot sexy sector and has been for a while, you have to because. stuart: can anybody tell me what it was? we have all lawyer with us. xo xoma. the gas that was sprayed on rioting crowd and the novel brave new world. i think i am right. i know someone is googleing that right now. liz: the sleeping polite to a question. charles: the front door for unwanted visitors. stuart: i bought some at the grocery store. we are talking football. according to a new lawsuits the nfl is unfairly keeping the general public from buying tickets. it has all got to do with a

specific new jersey law. the lawyer bringing the suit, bruce, welcome to the program. we are very hospitable to lawyers generally speaking. you said the new jersey statute says if you got a football game you must distribute 95% of the tickets to the general public. and use a the nfl is not doing that. >> completely ignoring it. stuart: doesn't that depend on a legal definition of what is the general public? >> absolutely not. the nfl has made available 1% of tickets to the general public which you get through a lottery system. stuart: the general public? >> the jell-o on the street, the average guy. statutes are read by plane meeting, general public means general public. you can hold 20% of tickets for the leak which they do, can't distribute 37% of the tickets to the teams are playing which they do, can't distribute 5% to the host team which they do.

the large majority of tickets are not available to the general public and the nfl knows that and go on the nfl site, they will link you to a secondary market seller. stuart: you cannot call this a special event and immune from the 95% general public will. >> new jersey has the most consumer friendly laws in the country, we are the only state with a 95% rule. when you have an event in new jersey you follow the law. stuart: you are suing, you say you wanted greater distribution of tickets? you won't get that because the super bowl is 2-1/2 weeks away. you get money? >> loads of money. this is about hundreds of millions of dollars. we are asking for the difference between the face value of tickets that should have been made available to the public and that which was paid in a

secondary -- stuart: we were told -- >> those who paid 3, 4, 5 times the face value of the secondary market because the law was broken times 3 under new jersey law. you are talking hundreds of millions of dollars. if you -- stuart: you would distribute your winnings to each and every person who attended game. because they paid over the odds because of the allocation system. >> exactly right. stuart: is it going to work? you think you will take hundreds of millions of dollars from the nfl? >> not even a question. the law is clear. liz: what does the court say about the general public? how did they define general public? >> hasn't been litigated. stuart: if you win hundreds of millions of dollars how much do you get? >> for the court to say.

stuart: contingency suit. >> the court sets the fees in class action. stuart: 30%. >> there is a wide range in federal court. stuart: what is the minimum? >> no such thing. liz: how are you doing that on contingency duty >> doesn't matter. liz: what is your contingency fee? >> i can't give it to you because your court sets it. liz: what is the minimum? >> depends on the work done. stuart: you know what i am getting at. you all the lawyer. you are home lawyer. you know if you win you walk away with millions and millions -- >> this case is not about me. it is about roger goodell and the lead restricting sales tickets and violating the law. it is about violation -- stuart: you know perfectly well you are going after the money. i don't blame you but you turned the legal system into a business. >> you haven't invited me on the show to skewer me. you invited me to hear about the legality of what the nfl is doing. liz: asking questions about what

you are taking and you won't answer. >> this case is about a restriction of tickets. this case is about a violation -- charles: your math through me off. i got a calculator and can't figure out how you get hundreds of millions. >> you get 78,000 tickets available. you have 95% rule in new jersey. you have 1% made available to the public. you have 90% of the tickets being sold in the secondary market. what does that work out to? charles: giving them to people? >> allocated to teams, teams make deals with secondary's dollars and profit --:an end on the lead website. stuart: when does the judge hear the case or hold a hearing? >> we are waiting for an initial conference. charles: you have to be so creative to come up with something like this. it is amazing. who would think about i am going to go out and the most joyous

day of the year everyone partying and watching the super bowl i am going to wreck this. stuart: he will make $100 million. >> i am there for the guy on the street. 95% of tickets have got to be made available. and is not. of the laid-back? charles: premiums made available. >> they are not available to the public which the law says. charles: when they seldom to secondary sellers there made available to the public. >> secondary sellers are not the public. the reasons the law was passed in new jersey ten years ago was to prevent this very act. keep the secondary market out of the game. stuart: why do i feel i have lost control? bruce, thanks for joining us, good stuff. disney radio station in cleveland using an educational program to promote oil and natural gas marketed to children. you can bet the greenies are not happy with that.

we will deal with it after this. [ indistinct shouting ] ♪ [ indistinct shouting ] [ male announcer ] time and sales data. split-second stats. [ indistinct shouting ] ♪ it's so close to the options floor... [ indistinct shouting, bell dinging ] ...you'll bust your brain box. ♪ all on thinkorswim from td ameritrade. ♪ crestor got more high-risk patient bad cholesterol to a goal of under 100.

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stuart: i am going to call the jobs report dismal. 74,000 jobs added in the last month of 2013 and get this, 347,000 people dropped out of the work force. the participation rate falling to the lowest levels since 1978. a modest downsize move on the stock market after that. years forecasting a huge fourth quarter loss yesterday. sales dropped sharply this holiday season, down goes the stock 14. different story for another retailer, abercrombie raising its full year forecast, says its online business is booming. investors love that. that stock is up 10%. macy's announcing it is cutting 2500 jobs, closing 5 stores. goldman sachs upgraded the stock to buy. that stock is responding. next, is the war on cold driving up the price of electricity? i say yes. our guest says yes too.

stuart: environmental activists and parents are outraged by a radio disney station in an educational program to promote the use of oil and gas to young children, explaining things like how pipelines work. let's bring in glen mccullough used to run the tennessee valley authority. i will get you electricity prices, coal in a second but i want your thoughts on this. since when has it been wrong to tell youngsters how pipeline

works? >> the internet is a fundamental part of our information infrastructure. if you ls our quality of life providing information. will land natural gas pipelines provide the energy we need every day to go about life in america so young people need to know how wheel and natural gas pipelines operate, safety is a top priority and there is nothing wrong with disney radio informing young people about the infrastructure critical to our quality of life. stuart: absolutely. i think the fossil fuel people should get out and promote their cause more vigorously. that is my point of view. we got you on today to talk about the war on coal, seems to me it is winning. are you going to tell me that the death of coal, the decline of coal is directly leading to higher electricity prices and if you are saying that, how much higher are they going because of the war on coal?

>> i am going to tell you that excessive regulation, overregulation in the u.s. is going to drive up the price of electricity and all energy for consumers. actually the emissions from coal plants in the u.s. have gone down more radically than any other country on earth. not only the nitrogen oxide, particular matter in mercury, 90% from the levels of 1970. united states today is reducing our carbon emissions more aggressively than any country on earth. stuart: not really the debt of the coal industry because china is buying what our power stations can't buy. >> absolutely. china's consumption of coal, as a matter of fact in the last seven years china has brought on line the capacity of coal plants the we brought on line in 70 years.

china is adding more fossil fuel consumption than any other country, india rapidly approaching china. stuart: i want those numbers on electricity prices, thank you very much, appreciate you being with us. sorry about being short on time. we have a huge news day. who is up on a down day? real quick, tell me. nicole: intel microsoft and coca-cola three names on the dow jones industrials posting gains today. microsoft today, raising an overweight -- $42 -- i will tell you why. i know overweight at target means nothing. why did they say this? they think they are improving fundamentals and structural position versus the other guys is great particularly in the cloud service market. coca-cola doing well and intel down,,three winners today. stuart: i would like to see 42 and microsoft. thanks very much. we have been told wearable tech will be the next big thing.

charles said he needed a gadget to help him stop eating, close his mouth. we may have found the answer. more on this next. charles: it turns red fast. ♪ [ cellphones beeping ] ♪ [ cellphone rings ] hello? [ male announcer ] over 12,000 financial advisors. good, good. good over $700 billion dollars in assets under care. let me just put this away. [ male announcer ] how did edward jones get so big? could you teach kids that trick? [ male announcer ] by not acting that way. ok, st quarter... [ male announcer ] it's how edward jones makes sense of investing. ♪ there's nhing 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.

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lou: coming up on lou dobbs tonight former defense secretary bob gates says the obama lighthouse is the most centralized and controlling of any administration since that of richard nixon. the former spokesperson j.d. gordon joins us tonight at 7:00 eastern. be with us. stuart: got to keep this short. info blocks. you going to make some money. charles: we are in a stream immoral. can't do it without companies like this, the security, the grid, everything so we can love the streaming world we are in. the stock took a hit recently. i think it is oversold. charles: the top deck, i am reiterating, the third day in a row someone made a top pick of something on the show. stuart: info block. i think they're watching you. remember on this program when charles said he wanted the device to control how much he'd?

we may have found the product in the half before, a fort that vibrates, turns red when someone eats too fast. listen to this. >> when i take a bite. it turned red. stuart: don't talk with your mouth full. we connected the 4 to a computer and it said you were 43% -- what does that mean? charles: i only ate properly at the right pays 43% of the time. other than that i was shovelling it in. than you gain weight did this thing was so amazing. i had something similar when i was growing up. it was called my father. leica steam shovel. stuart: would you buy at? charles: not yet. maybe two or three iterations later but not yet. stuart: my producers think i

don't go to the grocery store every day. they say i don't go to the store every day. my wife texted me and said yes you do. what do you think of this? we will tell you in a moment. r . and she might have if notorari, the identity thief who stole jill's social security number to open credit cards, destying jill's credit and her dream of retirement. every year, millions of americans just like you learn that a little personal inrmation in the wrong hands could wreak havoc on your life. this is identity theft. lifelock offers the most comprehensive identityheft protection available. if jill ha lifelock's protection, she may have bn nofied before it watoo late. lifelock's credit notification service is on the job 24/7. as soon as they detect a threat to your identity within their network, they will alert you,rotecting you before t damage is done.

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♪ charles: here's what you said. i believe somebody is careful with money as stuart and head of my children as stuart is likely to know a lot about grocery bills. thank you, you are right. in britain they are small compared to the u.s., so people have to shop more often for food. right again, you guys are wonderful, thank you for your support. my wife texted twice. every day she says i go to the grocery store. and then she said every single day. take that, dagen.

dagen: you are one man i don't want to go grocery shopping with. i am going in and getting out, if there's a discount or a coupon, i cannot care less. you on the other hand would be all over it.ifu great to see you, as always. only 74,000 jobs created in this country last month, that is the lowest number we have seen in three years. the target breach even bigger. 70 million customers had their personal information stolen. e-mail addresses, even the ad phone numbers. separate from the 40 million we already knew about were compromised. how the company plans to bring watson to the american public. and hard on the eyes, the string being caused by smart phones or tablets you are staring at all day long. all that and so much