♪ >> good morning, everyone, here comes the obamacare bailout and google goes to your living room wall. that's an interesting pair of headlines to start out this tuesday. first off, the obamacare numbers don't add up for insurance. too few youngsters. that means a taxpayer bailout of insurance companies looks more likely. and this google, buying the company that makes controls for your heating system? yeah, they're everywhere, including your house. and what will you do on this, the day after the big stock selloff? use it as a buying opportunity? some are. one more question, what exactly

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>> the numbers are in. far too few young people signing up for obamacare, that could be setting the stage for a bailout. 24% of the 2.2 million who signed up for the plan are in that key 18 to 34 year age group. that's just a very small fraction of the government's goal of registering 2.7 million in that group. that demographic young people is key to the health care law's success. without those people paying into the system, insurers will not be able to bear the cost of covering the elderly sick. there are calls for members of congress to prevent an obamacare bailout. here is what they said,

congress to act and and approve what i've introduced for risk accommodation and bailout. and rubio says unless they act soon the taxpayers could bailout the industry. another win for jeff bezos, amazon the best perceived company, no other company has close, google was number ten. the company will launch a new device it says will be bigger than the kindle. to apple, foxco in. n say they've shipped millions of phones to china. the rebranding of yahoo! continues. katie couric as yahoo!'s global anchor. make your judgment. i believe she could use a little production value. not him, no, ms. couric.

last one, may be too little too late. target hires a cyber security firm to deal with the fallout after millions of credit and debit numbers numbers were stolen. they were bought by fireeye. the opening bell today, the running question and theme for today's show, is it time to buy? buy on the dip maybe? and where the market opens in one minute.

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♪ >> that's good, that's good. the house is a-rockin', google making an investment in your house with the purchase of nest. the stock and the privacy concerns it brings with it through the show today. here comes the opening bell and here is scott shellady from chicago. all right, scott, four down days, time to buy. yes? yes? >> well, it's a tale of two cities, last year was a time to read and listen to what the fed had to say. this year you're going to have to trade like a surgeon. more numbers like we had last friday. the participation rate is horrible and we'll see going month to month binary effects where we're going to have to

see those types of numbers and give us the feeling to buy. today i would say hurry up and wait and ultimately good over the long haul, trade like a surgeon. stuart: hold on a second, scott. michael robinson is here with us. were you shaking your head or nodding your head? >> and always say pay attention. stuart: you look at individual stocks not the whole market? >> you can get confused by looking at too many numbers and you know what, what's going on with the market for the last four years, it's been choppy, it's been news-driven as it's trending up. if you sit out you may miss a big move. stuart: an individual stock in particular, google, it's buying thermostat maker nest. it's paying $3 billion. would you buy google? they're up 13 points now did $would you buy them? >> absolutely.

google is like an et krchf. and this is a blog initiativini when they hired ray, he put them on a new path. stuart: and nest is a thermostat maker? >> google wants intuitive products you would use twice a day like a toothbrush. so smart thermostats and smoke alarms and also internet connected. stuart: so they're putting their computer knowledge into everything. all over you. >> and cars, yeah. for more efficiencies and energy. >> and just announced with audi, they're definitely moving into the car. stuart: apple supplier foxconn ships more than a million units. i know it's two years down the

road, but this presumably moves apple in the right direction? >> you know what's good about this. people don't talk about, they're great and apple is fantastic at up-selling and cross-selling. five years ago they had 1% of big tech spending in the world and today it's 8%. that's an eight-fold increase. they're going to use the iphone as a beachhead, and sell ipads and i-pros and apple tv and make a lot of money in china. stuart: liz, you took the opportunity i gave you yesterday, i was away and you took the opportunity to pour cold water over apple at $1,000 a share. what do you have to say? >> i don't think it will hit a thousand in a year. stuart: you're stonewalling. >> no, i'm not. i'm qualifying what i said, stuart, you're catching me. 10 million to 30 million iphones to china mobile. that was the projection. in three weeks time 1.million

it's going to eat that easily. i think that michael is right it could diversify selling other things than iphones into art: i come back and you're changing your tune. >> no, i'm saying the timing for the thousand price target once they hit it. stuart: look at the big board we were down 170 yesterday. see what happens when i go away. that puts the dow at 16,300. strong profits and a couple of big names that you know, j.p. morgan, they made $5 billion profit in a 13-week period. even though they settled with the government for over a billion for bernie madoff and a raft of outgoing money because of what they did in the past. we've got wells fargo posting record profits. first stock, j.p. morgan. nicole: good news with the profit they incurred. 58.35 on j.p. morgan trading near 2000 levels, back in 2000. so that's good news there. and as you noted they've been paying out big time.

2.6 billion to settle government and private claims and over 20 billion to settle assorted legal claims and wells fargo slightly lower this morning and let's see where it is this second. they had a 11% rise in the fourth quarter profit and did cut thousands of jobs, 45.32. stuart: did i make a mistake, j.p. morgan? >> no, the hit to j.p. morgan's earnings for the madoff situation, 1.1 billion. 2.6 billion total and took a 1.1 bill hit in this quarter. stuart: next stock is gamestop. we had a guest put put it on death watch. cue the organ music, and the stock is struggling all right. it's down 15% back to 38 on gamestop. let's move away from the market towards the broader economy. only 74,000 new jobs created in

december. the unemployment rate dropped to 6.7%. here comes goldman sachs today saying that that number, that that unemployment rate will fall even more, it will come down more by the end of this year because there's a whole bunch of more people who are going to be looking, not looking for work. and here is former reagan economic advisor art laffer. seems to me that that's a brutally rough picture of the employment position in america for this year? >> it's true though, it's very true. in fact, it's been true for a long time, stuart. if you look at employment to population, it has not changed over the last five years. we dropped sharply to a low and then stayed there. so, every time the unemployment rate goes down, the participation rate goes down to exactly offset it and that's been the case for a while and it's tragic and now they're talking, stuart, if you can believe it, in raising the minimum wage. do you know where the biggest

damage done in the economy has been? it's not just normal everyday-- it's in the minorities, the disadvantaged, the less educated, the young. they are suffering incredibly from these economic policies of obama. it's just, it's just tragic and they use that as an excuse to further them. stuart: what's the underlying policy mistake? if we're in such a rotten situation, employment-wise, after five years of president obama and the white house, what's the basic policy mistake? >> they don't understand that there are incentives in place in the economy. if you raise the minimum wage, you are going to reduce the employment of minimum wage workers. you're going to raise the prices of products they make. and you're going to cause growth to slow down and you're also going to cause businesses over the long-term to try to substitute capital instead of those low wage workers. it's just a classic example of ignorance, of economics and that's exactly what is going on

and its incredible impact will be on the poor and disadvantaged in this country, it's shocking. stuart: over the past year, you've been on the show many times and i remember times when you were saying that things are going to look brighter in the future. >> oh, they are. stuart: but how, when in the future? i mean, the president has got three more years in the white house? >> unfortunately, that's part of the future that we have to live with, stuart. i mean, i hope i've been very clear over the years that you know, it's not this year, not next year, you're going to start seeing big changes in 2016, 2017 when the political process finally rectifies the damage it's done. you've got obamacare which has to be repealed. you can't raise this minimum wage and expect good things to happen from if, but in november of this year we're going to see the senate go republican. we're going to see the house republicans pick up a large number of seats and see obama as a lame duck and in 2016 have the election. we are in 1978 today, if you

want a deja vu all over again and just before reagan comes, and the boom comes, it takes obama and pelosi and reed to give you economic reform politically. >> come back real soon, art. >> oh, i will. stuart: i'm impressed there. >> you saw it happen in britain and gordon brown. you're going to see it happen in france with hollande. india, where the bjp is wreck, wreck things and you're-- excuse me the congress wrecked them and bjb is coming again. stuart: we've got three years we can wait. three years is a long time. >> thanks, stuart. stuart: thanks, art. good luck. back to our theme of the day, tech rules, but content still king. netflix bringing back its original series, lilihammer for a third season and a new series based on the adventures of

marco polo. and the last of the series of breaking bad. >> they're moving into high definition television, and content is lacking. they're going to broadcast an original series and they want to own the home market. look who tried to take them over, take over that market. hulu, and a number of people. these guys written off as dead four years ago as a dinosaur, they rule. stuart: liz, are you going to-- >> i'm interested in netflix as a replacement of show time and h.b.o., people ditching subscriptions there. the name of the game is content and it's so key for netflix, also, the gateways, the bottle necks, the access to netflix, xbox is increasingly difficult to sign onto netflix and that's important for the stock.

stuart: this show concentrates on key technology stocks. apple, netflix, amazon, google, a couple of others and throw them in. that's what we do, they're making the running of this economy, am i wrong? >> you're absolutely correct. stuart: thank you, you can come back. >> she makes a good point about the controls, but some entrepreneur or netflix is going to do something to make the access easier. this is very important, liz and stuart. you know, millenials live on netflix, my kids are on it all the time. some sort of device, don't go to the home theater. i invested all of this money on the home theater and they'd rather watch it on the portable. stuart: make it more accessible to my tv that's all i want. press one button and i get it. >> exactly. stuart: check the big board, where are we, down 170, back up after ten minutes only 38 points this morning. not much of a comeback. after the break, the future of the shopping mall. digital mirrors? a virtual reality blend between physical and on-line shopping? could this be what you see when you hit the mall ten years from

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>> it's a buying opportunity after the big loss yesterday? not many people think it is. we're up only 36 after down 170 yesterday. where is the price of gold in this financial turmoil in the stock market? 1250 almost on the buck per ounce. citigroup down grades microsoft. i own that stock and i pay the price. down 2 cents, 34.93. amazon mystery about a possible

game-changing product that could blow the kindle away. amazon recovering after yesterday 394 on amazon. breaking news from the office of house speaker john boehner. at a closed door republican conference he says, and i'm quoting, for the first time a majority of americans now say they believe the troubles in the economy are the result of the policies of the present rather than the policies of the past. interesting, just in from john boehner. national retail federations 1 is 03rd annual expo opened its doors this week, 103rd. intel has a presence this year looking at the future of shopping. this morning we have with us michelle tinsley, the retail solutions director at intel. there's a few things about looking to the future much shopping. michelle, welcome to the program. >> thank you very much. stuart: let's do some future watching. take me ten years down the road. and i walk into a mall, number one, what am i going to see? >> well, i think you're going

to have a highly engaging experience. consumers in the future are going to want to have a consistent look and feel, shopping on-line and shopping on their tablet to walking into a store. stuart: and i read the notes. digital mirror. >> absolutely. we have a partner company, a start-up called memo me that's in our booth at intel at the nrf show and this digital mirror basically looks at your-- gives you a realistic representation of yourself, but records for your personal use the outfits that you've tried on. if you want to see it in a different color you can pass and select and you don't have to go back to the dressing room and dry it and come back. you can share your images with your friends and family if you'd like. stuart: in real-time. >> later, i should have bought that yellow dress you can now do that. for the retailers, they strip away the personal data. they see that men or women tried on these types much clothing and these sizes and here is what they resulted in

purchasing. so it gives them better data. yes, it's a win-win, that's a great example of how the internet of things is going to that's why google buys thermostat because they want to have that on the wall. >> this is different, highly immersive tv. and we've partnered to bring shopping to your home. audible triggers in the tv broadcast would signal your consumer device to pick up that signal and enable you to see the tv show, the demo shows, zooey deshanele in a red dress and you can hit who made the red dress and hit your wish list as you're watching. that exact dress. stuart: if i'm watching tv and-- my wife is watching tv.

she sees a lady in a red dress. >> it will activate and shop while you're watching or anything from jewelry from the actress or actor is wearing or household goods that they're cooking with on the show and imagine, it's a whole new way of enabling brands to engage the audience and encourage you to be more participatory while you're watching he tv. stuart: who's got to make the capital investment? all that you're talking about is a lot of money. . >> sure. stuart: does the retailer have to shell out for this? >> activate is working with brands which want the products on the tv shows. the shows themselves are using the products as they many. production. stuart: in that case it's not the retailer, it's the person who makes the watch. >> exactly. >> or the dress. >> it's the consumer brands who want the products to be featured in certain tv shows. stuart: it's fascinating. we could go on forever even though i'm not a shopper. appreciate it. >> okay. stuart: after the break here is what we've got coming up. two new developments that cast doubt on president obama's credibility. my take is next.

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>> we cover the stock price of

lululemon frequently. it got a downgrade, down 1% this morning. look at intercept pharmaceuticals way up last week, down 75 yesterday. down 40 today, but still far higher than it was a week ago. that's intercept. coming up, 10:00, gene simmons are kiss joins us to talk about his band's staying power over the decades, there's big money in kiss, even an arena football team. the new ford f-150 parked outside the studios here, 700 pounds lighter, ford bet the farm on it. will it still be america's favorite truck? two america-- i'm sorry, two developments in the last 24 hours that cast doubt on the president's credibility. with three years of the obama second term still to go, this is not good news for you or your money. here is my take. number one, fox news unwraps the benghazi deceit. james rosen reveals that the military called it a terror

attack within it hours of it happening, but the for two weeks the president insisted it was a demonstration inspired by a video. before the presidential election. number two, the wall street journal reports there will be no criminal prosecution in the irs scandal. again, it was in the middle of the election campaign. that the president's opponents were targeted and harassed by a powerful government agency. the in-house investigation was led by an obama donor. that's a joke. this is why more than half the people believe the president is not credible or trustworthy. throw in the deceit over keeping your plan, keeping your doctor. and the willingness to trust the iranian mullahs and i think clearly america has a problem and there are still three years to go. think about it. the economy is not doing well no matter what the white house tells you. the job market is dismal no matter what the labor secretary says. our health care is wrecked taxpayers are squeezed and the

list is on and on and on. it's not a good way to start the new year. if the president is not believed or trusted don't expect our nation's problems to be addressed in a meaningful way. you can't make progress if you can't trust the guy in charge. the worst of it is, he's done it to himself. and we have to live with this for another three years. ♪ [ indistinct shouting ] [ male announcer ] time and sales data. split-seco 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. ♪ open to innovation. open to ambition. open to boldids. that's why n york has a new plan -- dozens of tax free zones all across the state.

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stuart: tuesday, january 14th, already the day after the big stock selloff. are you buying? charles payne says, pick the

right company and, yes, you should. he's here with advice on what to buy. and the judge is here. he says legalized drugs, does that include are steroids in baseball? the tea party has gone ballistic over the irs nonprosecution. outside, curbside, just over there, we have the new aluminum ford f-150 truck. it has a mechanized loading bed. don't laugh, that's a big selling point for some. and gene simmons may be the smartest guy in rock and roll. the kiss brand is his money machine. ♪ ♪ stuart: no big bounceback yet. the markets down in 2014 with that four down days in a row. charles payne, answer the question, is it time to buy? >> well, you said it right, if you're buying the right company. the average person starts to

think they can pick the bottom and pick the top which is folly. it's nebraska worked. it's never worked. i gave them a long-term trading buy this morning. stuart: do you think this selloff has more to go? >> i think we're more vulnerable. it's been over 800 days since we've had a 10% correction. stuart: i'm trying to do the math. >> over two years. stuart: since we had a 10% correction of any kind? -@>> yeah. we've had 4, 5 and those even really into rad dick. stuart: okay. sandra smith's here, and i'm going to talk politics for a second. john boehner says there's been a political shift. he says, just moments ago this was released, boehner says people are now blaming the present obama policies, not the past bush policies. i kind of said that's a political shift. >> that would be a huge political shift, and the actual numbers he's pointing to in these polls, he references what

these were just four years ago. 53% of the voters said policies of the past were causing the nation's problems while 44% blamed policies currently. that's now shifted to 49% of those that were polled say it's the current policies that are causing the weakness in the economy. stuart: well, he's writing his book for the or 2014 elections. he wants to go in saying, look, economic policies via president obama are not good. >> in almost every speech we've heard from the president has started out or finished with pointing to the fact that we are coming out of the worst recession since the great depression. so if this is true, this would be a big turn. >> i just wanted to say i've never seen an excuse last this long in my life. to blame bush lasted longer than the dog ate my homework. [laughter] stuart: big numbers from a big name, and you know it. dow component jpmorgan took in revenues, $24 billion in just a three month period. they paid out a ton of money in be government settlements, and

they paid, the madoff case they paid out on and billions more in other cases. look at the stock price right now. it's up $58 per share on jpmorgan. any comment on jpmorgan, charles? >> you know what? it is an economic juggernaut, and it makes you wonder why is the fed buying so much garbage from all of these bigtime banks? why do banks supersede the concerns of main street? why do we bail them out? why do they take precedence over everything else in america? legal fees out of the world, fines out in the world, and they're still a $24 billion business in three months. are you kidding me? no more bailouts for these guys. stuart: $24 billion gross revenues, $5 billion net profit. >> and this is after all the payouts, are you kidding me? the fed's got to stop buying their junk. i think they're big boys. stuart: i'm glad i took the day off. [laughter] gave you a little time to get your passion up again. >> oh, man.

stuart: to nicole, gamestop. down big, i think. >> this is tough for the shareholders today, shares down 18.5%. whoa, huge move to the down side. and this is because of sales that were disappointing. they're cutting their numbers. the sales of the games, the software games, games that go to the old consoles, the one area that they did well, where they saw the sales nearly double was in hardware because you had the new xbox one, playstation, playstation 4. so that was the area that did well. but selling of the old games and software games not good, and they compete against mobile games that are just cheaper. stuart: you know, it was just a few, i guess a week ago, that gamestop was put on death watch. that usually means it dose up. in this -- goes up. all right, nicole, thank you very much. an update on the massive pre-christmas hack that exposed the personal information of as many as 110 million target

customers. they've hired a company recently acquired by fire eye to help them implement new security procedures. shares of fire eye took off on the news of that deal. they've pulled back a little since, 55 on fire eye now. charles, look, if you want to look at cybersecurity, that surely is a growth area. >> it's an amazing growth area. stuart: great money. >> you really can. it's just, you know, there's a company -- golly, i think -- i'll get the symbol for you in a minute that makes the actual chips they use in europe but we don't use here, you've got to believe we're going to adopt that. stuart: it's got to come, hasn't it? the cards we use in america are relatively unsophisticated, relatively simple. if you go to europe and look at the cards they use there, there's a whole lot more imprinted into that card which makes it much more difficult to steal -- >> and i won't do this often, fire eye, i looked it up, but,

obviously, when they bought this other company, their market value exploded. the stock price has been doing were vel. wall street jumped all over this company the second that target news hit december 19th. this stock has been rocking and rolling. still is, to be honest. >> you know the good news? i gave it to the morning viewers -- [laughter] >> credit where credit's due. [laughter] >> well, you can! stuart: take all of it. >> we're holding. we still have it. >> all right. stuart: look at google's stock, another big acquisition. they're taking aim at nest, a company that makes smart thermostats and smoke detectors that are connect today the internet. some are already raising concerns that this device could give hackers an opportunity to steal even more information about you, the pattern of your life, for example. an analyst from red tiger security is here with more on this. jon.

jon: -- jonathan, i'm not worried about this because the worst hackers could find out when i'm at home and not at home and the sides of my heating bill. -- size of my heating bill. personally, i don't see this as a huge infringe bement of my privacy. how about you? >> i probably wouldn't be worried about one person or two people, but what if you had an aggregation of millions of information that was then overlaid on top of things like maybe google maps? then you imagine some hacker waking up in the morning and maybe like a siri voice talking to him and saying, hello, mr. tony stark -- [laughter] these five addresses are not home this week, would you like me to send these addresses to your home? because low profiles will tell you if you're home or not, and it's a great tool for burglars. stuart: okay, i got it. you're in the security business. you've got red tiger security. you do online security training, right? so you come to my company, and you talk to my i.t. people, and you tell them how to avoid,

what, how to avoid hacking? that's what red tiger does? >> we also are paid to break into systems to test their security. this would be the systems of big things like power plants, pipelines, refineries, chemical plants. and then we teach these clients how to enhance their security to protect their critical infrastructure. stuart: you can't really protect against a really well organized hack, can you? >> this is definitely true. i mean, case in point just tree years ago finish three years ago we had the stuxnet superworm that took down nuclear en richment programs over in iraq, and we're still worried about that hitting u.s. infrastructure. i'm here in miami this week, and we have some really geeky guys that spend their friday nights with sautering irons and circuit boards that are breaking apart the electronics that control the switch stations and substations in neighborhoods, and they're disclosing these vulnerabilities back to the community at large and the vendors that make this equipment to really squeeze the

vendors to make better products and more secure products that are put into, you know, very mission-critical cases. stuart i understand. there's a new study out, it shows that the nsa phone t.a.r.p.ing program played -- phonetapping played no role in some of the terror suspects arrested recently. wasn't that the whole point of the program? i'm moving away from your turf, but i want to comment on the reliability of the function of this mass nsa spying program. >> yeah. you know, for every report that comes program wasn't effective in defeating terrorism, there's probably other reports that say otherwise. so i don't know if you want to look at the effectiveness of a program to say if it's right or not. for example, if someone said, hey, i'm going to put a camera in your home and watch everything you're doing in your home just in case, you know, there's terrorist activities without any reason to put a camera in my home, i would feel violateed, my privacy. yet we seem to be kind of lax as

a society, the fact that all of our text messages and e-mails and information about our daily lives are being potentially harvested and analyzed by the u.s. government. and then the u.s. government reports, oh, we're just having metadata. so what happens if in the future an employer wants to hire me, and they, you know, put a search out for my activities? they say, well, he tends to use his phone a lot after midnight. maybe he's doing a little too much partying. maybe we wouldn't want to hire him. so this information which is about the way we use our electronics in our lives could be used potentially to inhibit our opportunities in life. and i don't think those things are really well thought out. and then if they really got to know me, they'll know, well, he's just a hacker, so he's probably up at night anyway. stuart: you're in the red tiger security company. you're in a hot area. i hope you're making a ton of money. jonathan, thanks very much for joining us. i'm sure you're going to be a really wealthy guy. thank you, jonathan, appreciate

it. all right, dow industrials up 47 points now, bit of a comeback. not exactly a rebound, charles, but 47 is 47 points we'll take. >> in 2014, you'll take it. stuart: the clothing retailer h&m, i happen to know them quite well, under fire after releasing a new catalog with pictures of these women in their plus-size section. i've got to bring sandra in on this one. that person right there -- [laughter] she doesn't look plus size to me. >> that's their new be catalog, and they're calling those models plus size. a little bit curvier, you know, than their typical pep sill-thin models -- pencil-thin models, but the company has responded saying these models are using a u.s. size 14 women's clothing. unfortunately, this looks like they put the size 2 model in this size 14 clothing. [laughter] stuart: good point. nicole, come into this. we're looking at these picture, and i'm sure you've seen them. seems to me h&m is defining plus

size as anybody that's not totally anorexic. >> that is ridiculous. those women are hardly plus size. they may be wearing size 14 or research, but the company themselves said, well, they've used their own sort of intuition. these women could wear a size medium if they wanted to. i just asked some of the guys, one of them said maybe they're seven feet tall? another guy said, yeah, plus size compared to a young child that's starving in africa. they have to be careful, these retailers. be careful. >> i could care less. stuart: listen, did you know in israel you're not allowed to use models who have a biomass reading below a certain level? do you know that? >> you have to let these companies do what they're going to do, and i don't think you should hold companies responsible for being role molds to young girls, i don't. stuart: all right. fair point. i'm sure we'll get viewer

comment on this one. [laughter] we're going to read it later. you're from chicago, sandra. >> yes, sir. stuart: this is what popped up on my prompter. what do you think about the cubs' new mascot? >> no. [laughter] >> it looks like the evil cousin to the chuck e. cheese mascot. [laughter] like a sinister cousin. what the heck is going on here? stuart: that it? that's the only comment we've got? >> can't we just stick with traditional? stuart: like what? >> like the traditional -- you know, i'm worried about wrigley field at this point. stuart: i think we're -- >> 110 years now? stuart: alex rodriguez suing major league baseball over his ped suspension. we know judge andrew napolitano says all drug cans should be legalized. does that include steroids being used to cheat in sports? the judge is next. ♪ ♪ welcome back. how is everything?

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stuart: please, charles -- payne, that - make us some money, will you?

>> i'm going to try on this one. elliott management disclosed they have a 6% stake, one of these really aggressive funds, kind of woke up the stock. i like it a lot, i like the space. the last fife years their -- five years their sales were down 2%. i think we're going to come out of it very strong. now their mobile infrastructure, software, cloud security, all the things you want. [laughter] well, yeah. stuart: the chart. >> let me tell you something, we go out a little bit wider, your next move probably goes to 28, your big test will be 32, and this was a $44 stock early in 2001, so there's a lot of -- 2011, so there's a lot of room to the upside. stuart: alex rodriguez suing major league baseball, he hopes to have his suspension overturned. this comes two days after an independent arbitrator made his decision. remember, the all stemmed from his alleged use -- and the judge says proven use -- of performance-enhancing drugs. all rise, judge napolitano is,

indeed, here. judge, welcome back. >> stuart. i have to say at the outset, i'm a yankee fan. have been for many, many years. stuart: you're also a libertarian who says legalize all drugs because the government has no right to tell you what you can put into your own body. >> yes. stuart: if we followed this policy be, what happens to baseball? we would have legal use of steroids in the dugout, wouldn't we? >> keyword in your very accurate description of my views is goth. the government is not involved in this. a-rod signed an agreement, he voluntarily signed an agreement called the collective bargaining agreement between the union of baseball players and major league baseball in which he agreed that he would never use these performance-enhancing drugs. this is a simple contractual obligation in which libertarians, conservatives, progressives, everybody believes. if you don't enforce contracts, we don't have society, and he violated that contract. stuart: so baseball could still turn around and say not in this

dugout. >> yes, yes. just as you and i have freedom of speech on the street corner, our bosses can say there's certain things we don't want you talking about in the front of our cameras, and they have the right. stuart: marijuana has been legalize inside colorado and washington state. >> you can't use it, everybody who plays for mlb who's signed the players' agreement can't use it. stuart: but some football players are saying we need this, and we're going the use it -- >> medicinal. stuart: medicinal, yes. wait a minute. wait a second. >> comparable rules, but i haven't read them. baseball's rules i've read. stuart: but steroids have a me dissal use, recovery from injury. doesn't that give you a back door entry into the dugout? >> well, no, because this is the decision of a private organization, mlb, and the manner in which it wants its employees, the players, to behave. if the players don't want to behave the way management wants

them to, let them go form their own mlb in which all the performance- enhancing drugs they want can be freely taken. stuart: okay. separate the argument. do you approve of the use of steroids in the dugout? >> no -- stuart: regardless of what their employment contract says? >> well, i can't say that because it depends upon what the wishes of the owner of the dugout. and the wishes of the owner of the dugout, mlb -- which is a corporation consisting of the teams -- has said, no. it's their private property, it's their private company. they can do with it what they want. maybe this'll explain better my views. roger clemens was prosecuted for lying to congress about the don'ts of his blood. -- contents of his blood. congress has no business asking him about the contents of his blood. but if he had lied to mlb about the contents of his blood, that would violate an agreement he signed with mlb, and mlb could

punish him. stuart: so you see a way to legalize all drugs but still keep them out of major league sports? >> absolutely. stuart: okay. >> now, i don't know that we're going to go in that direction, but you can see the trend with respect to marijuana. as for overturning the arbitrator's decision, and there were three arbitrators, mlb be chose one, the players' union chose one, and then those two chose the third, and they voted 2-1 to us pend him. the representative -- suspend him. the arbitrator that the players' union chose sided with with-rod. a-rod did not contradict the evidence against him, and he didn't testify. so if you read the report, you sees the unrefuted. >> you know what overturning arbitrators are for? >> only if they were corrupt or made a profound error like two plus two equals 22. >> the idea that you can chew on a loss zenning, go out and perform well and by the end of

the game there's no test, no element of testosterone in your body. >> in a-rod's case, he did that. he also tried to buy the company so he could destroy their records. stuart: yes. >> not a good thing to do. stuart: thank you, judge. good to see you. check this out, ford's new f-150, the most popular truck in the country for years and years and years. now, that model unlike any ford has ever produced. we've got one outside, we're going to try and set -- well, he's going to try and sell it to me in a moment. must♪ ♪ [ me announcer ] this is the story 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.

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stuart: 16,300 on the dot. that's where we are this morning after a big drop yesterday. remember when we put sears on death watch? yeah? well, it's hit a new low today, $34 a share, down another 2%. very different story at j or c penny, however, look at that stock. it's been batting around all over the place. 5% gain at $7 a share is no great shakes, however. all right, now this. ford has unveiled the new 2015

f-150 pickup truck. they did it at the detroit auto show yesterday announcing some very big changes for, i think it's america's best-selling truck. and we are the first to have it here. it's actually parked right outside. it's rain bing -- raining, so i'm not going to go out there where my makeup may drip. that's it, you're looking at it. and inside with me is matt o'leary, the engineering director for ford trucks and utilities. matt, welcome to the program. >> thank -- good to be here, stuart. thank you. stuart: you bet the farm on that vehicle. yes, you have, don't get out of it. >> this is our most important vehicle, and we always try and take the leadership position. and leaders make bold moves. stuart: okay. am i right in saying it's the best selling truck, bestvehicle7 straight years? >> it's the best selling truck for 37 straight years, the best selling car or truck for 32 years. stuart: okay. now, one of the things which i like about it, i hope we can

demonstrate this in a second, is the remote control tailgate release. okay? we're going to try and demonstrate that. what happens? the back comes down automatically, and there's a step or something? >> right. it unlocks automatically, and then it drops down. it comes down slowly, what you see here. stuart: there you go. oh, comes down. >> right. so if somebody's behind loading up, you know, they can access the cab. and then this is our second generation tailgate step which allows you to get into the box. and the prior version had that handle that you hold coming down actually on the tailgate, so it was hard to get things over that. so we buried it now into the -- stuart: what about fuel economy? you've dropped 700 pounds off of the weight of this thing. >> right. so fuel economy, um, much improved with this, obviously, with the 700 pounds. but also with we have four

engine combinations, one of which is the all-new 2.7 leader ecoboost v6 with standard auto stop/start, so really fuel efficient. and it's for those customers who don't have to have maximum trailer towing, they only tow about 8,000 which is mid-range towing. and it gives them, you know, they're able to get better fuel economy. stuart: what do you think america is going to say about an aluminum truck? >> well, you know, for our customers, to us, we've tested this thing. ten million miles of built ford tough torture testing, and when we say a truck is built ford tough, our customers know that meets a certain standard. so they have confidence. and we've tested this not just in our own test, we've had it out with customers who are really hard on their vehicles, those who are in mining, construction, utilities. stuart: built in america? >> yes. stuart: comes on the market next year, 2015.

>> late this year. stuart: late this year, fall of this year. >> late this year. stuart: the model out there on 48th street in new york city, how much? >> well, we're not announcing pricing at this point. but i can tell you, you know, today's truck goes anywhere from $23,000 to about $55,000. we're still going to cover that same price range. stuart: okay. so i can get a stripped-down version of the aluminum truck for $23,000. >> absolutely. stuart: i can? >> yes. stuart: why didn't you tell me that? [laughter] you've got to sell me this thing. >> well, i can tell you the range. stuart: but i can actually get one of those aluminum trucks for $23,000 base price, i can do that? >> this vehicle has to meet customers' needs whether it's the base work truck for affordability is really key or a luxury vehicle. stuart: well, it's a working vehicle, as far as i'm concerned. you're telling me $23,000 plus tax, license, registration and delivery. >> yes.

stuart: so you're telling me by the fall of this year i can get one of those cars for 26 grand out the door? >> by the end of this year. stuart: by the end of this year, out the door, 26,000? >> i don't know what that would translate into, stuart, but we are going to cover the same price ranges. stuart: trying to pin you down. matt o'leary, nice job. and i like the look of it, i've got to say. thank you, matt. >> thanks for having me. stuart: okay. gene simmons, rock legend and outspoken critic of president obama. does he think the president has lost his credibility? gene simmons, kiss, next. ♪ ♪

stuart: too few young people signed up for obamacare. 24% of the 2.2 million people who signed up are in the 18-34-year-old age group. that demographic is key to obamacare's success and not enough youngsters signing up. do you think that sets up a

bailout? section 1342 of the obamacare code, they moved in with taxpayer money if insurance companies are not making enough. charles: when they get insurance companies to back up the insurance companies give it a promise that the dynamics wouldn't change to the point you are losing money and if they do we got your back. we will bail you out. that means the taxpayer is going to step up to the plate. wasn't advertise to the general public but a lot of people warned this would happen it is obvious we are heading in that direction. stuart: marco rubio says no, you can't do this, no bailout, repeals section 1432. charles: it is great he has got it out there and is speaking. we know it won't happen with the current configuration in washington d.c. but the american public should know. you won't get the senate to pass this. in won't get democrats to remember dramatically alter obamacare at of the election. stuart: that means democrats in the senate would have to vote for a bailout of the hated

insurance companies. before it will come after the midterm elections, insurance companies will take the heat, complaining and filed motions, and it will be a behind-the-scenes legal battle that will drag on if they could be on 2016 if they could. that is the bottom line. they are in a catch-22 and we see that already and to go this far might be the kind of miracle of the white house doesn't want to accept. stuart: we shall see. charles: the death spiral we have been talking about the abundance is there. stuart: lousy numbers. let's bring in jean simmons about to be indicted in to the rock and hold the inducted, sorry.

rock-and-roll hall of fame. it has been shot in the last 24 hours. >> we are in trouble when u.s. rock stars when they think of the political climate but almost every president at this point especially in the second term gets into lame ducks their territory. the president is in trouble and i am not happy. i voted for the man and i have concerns and lots of americans become unhappy especially towards the end of the second term. stuart: what do you have against president obama's economic policies? you are making a lot of money, you are doing well. >> i started as the poor guy, i don't want to hear any nonsense about all the rich fat cats. my mother made $35 a week when i came over as an 8-year-old child, a legal immigrant. there is a difference. i worked myself up through the american dream, god bless america, a fine phrase, we should all learn to correctly

pronouns that and say it from the heart. i believe in the american dream, government should stay out of my way, let me be all that i can be, let me fail. it is called capitalism. there is plenty of private institutions that support all sorts of initiatives to help people, the salvation army, it is difficult. you have a lot of support. the government doesn't even know how to run government. we're $17 trillion in debt, expect them to run any kind of business they are not qualified, basically a good amiens, college professors, how the economy should goal. stuart: kiss brand is doing extremely well. >> i'm a proud owner of el a kiss, providing new jobs, the largest potential market, has

its own football team and we will be on espn and other stations as well as reality show, and get season tickets for $99 to mortgage your house. stuart: an entire season for $99? that is it? >> not only that but kiss will give you a free concert for all season ticket holders so we will debut the beginning of april and all home games, you are season-ticket holder $99 you get in for every game. stuart: you are in the business of making money, you are a businessman, you can make money on a $99 per year season ticket for an arena at -- >> already in the profit margin because dr. varney come as you know, income streams don't depend on one area, spread the risk on wall street, very nice corporate friends are

contributing to get there -- television revenue coming in, very fine business, it will be a $4 billion business before you know and i am glad you mentioned january 25th kiss will be playing dodger stadium for the nhl for the first outdoor stadium show at dodger stadium. they will make it snow and the heavens will shake but kiss will blow up and the day after we fly to malate to open our next restaurant, go to rock and brews.com. stuart: the brand lives and prospers. >> in april we will be at the berkeley center in new york to be indicted into the rock and roll hall of fame. stuart: when you got yourself a 3 minute commercial. that was pretty good. good stuff. see you again soon. good luck with everything. two updates on the irs tea party scandal for you. the fbi says no criminal charges will be filed over the targeting of conservative groups.

and obama donor now in charge of the irs's internal investigation, sweep it under the rug, new thing to see here. in my world, ll isn't a street.

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stuart: two big banks reporting big profit, jpmorgan makes $5 billion profit even after billions in fines for the government, stock is up 0.6%. wells fargo record profits beat expectations, the bank's mortgage division lead the way. wells fargo stock down a fraction. another big tech acquisition by google, the tech giant buying nest paying $3 billion, google stock is up 1%, $13, laptop magazine reports amazon has a brand new mystery product in the works it will, quote, either even bigger than the kindle and amazon stock nine three. the video game retailer game stop lowering its earnings forecast for critical holiday quarter, we put the company on deathwatch. it is down the 18%. let a heart valve problem. dad, it says your afib puts you at 5 times greater risk of a stroke. that's why i take my warfarin every day.

but it looks like maybe we should ask your doctor about pradaxa. in a clinical tria pradaxa® (dabitran etexilate mesylate)... ...was proven superior to warfarin at reducing the risk of stroke. and unlike warfarin, with no regular blood tests or dietary restrictions. hey thanks for calling my doctor. sure. pradaxa is not for people with artificial heart valves. don't stop taking pradaxa pradwithout talking tople with artifyour doctot valves. stopping increases your risk of stroke. ask ur doctor if you need to stop pradaxa before surgery or a medical or dental procedure. pradaxa can cause serious, sometimes fatal, bleeding. don't take pradaxa if you have abnormal bleeding or have had a heart valve replaced. seek immediate medical care for unexpected sns of bleeding, or have had a heart like unusual bruising. pradaxa may increase your bleeding risk if you're 75 or older, have a bleeding condition or stomach ulcer, take aspirin, nsaids, or blood thinners... ...or if you havekidney pro, especially if you take certain medicines. tell your doctors about pro, all medicines you take. pradaxa side effects inude indigestion, stomach pain, upset, or burning. if you or someone you love has afib not caused by a heart valve problem...

...ask your doctor about reducing the risk of stroke [ male announcer ] evenore impressive than the research this man has at his disposal isow he puts it to work for his clients. morning. morning. thanks for meeting so early. co on in. [ male annncer ] it's how edward jones makes sense of investing. stuart: charles payne, make us some money with robotic surgery. charles: we talked about my losers and this was on the list, hang in there. this is still the $700 stock this morning. and surgical, a machine which is revolutionizing robotic surgery but mounting a campaign against these guys for two years it has hurt sales and obamacare it heard sales as well at least the implementation of it but they did do a preliminary revenue

significantly higher than wall street looked at. i am glad it is about 400, longer term i think this is a $700 stock. stuart: what is long-term? peter: for more than a year. stuart:/it now, one year hence i'm looking at 700. charles: i am like the guy from ford. you won't in me down on this one. but it will be more than a year. stuart: we here, serious stuff now, fox news reporting fbi officials have yet to find any evidence that warrants criminal charges in the irs targeting scandal and by the way and obama donor is running the internal irs investigation for the administration. let's bring in tea party news network seems to me the president, pejorative, i think he's going to get away with it. >> all you have to do is turn on fox news and fox business and you see lots of evidence where he should be guilty for

targeting conservative groups, you show stories every day of it. stuart: it has never been proven it went to the oval office and the president said do this, do that. >> that is the problem. any of these scandals? always one step below are several steps below like irs targeting and the office in cincinnati but you are looking at eric holder saying fine, a banana investigation, department of justice and the one of our own trial attorneys on it but don't think you will violate her right because she donated to the obama campaign and get it taken off, $650. stuart: a flat out conflict of interest, give money to the president can't handle the investigation of the president's actions and irs actions. >> you are asking the department of justice to actually open up and look at how personal political beliefs and personal political contributions, that is a clear violation of her equal opportunity. stuart: if i asked her to open

up like that i am violating their rights. >> that is what eric holder said in response to darrell issa and representative johnson's letter that focused the attention. none of this would have been known. stuart: what are you going to do? no criminal prosecution from the fbi, in house investigation is compromised. >> we haven't lost because it is public attention. chris christie right now, whether you like or don't like him all this stuff is going on with him. tweet to criminal investigations into him going on from the department of justice but we don't see anything on this, just another chance to tell the american people this is what is wrong with our administration. stuart: what about all the new rules that are aimed at the tea party, to do this in the open, forget about a rogue office, a police said up new rules and boundaries to eliminate the effectiveness of the tea party.

>> these new rules, we know how it is going to work, it will go against conservative groups, groups like media matters and other groups are not going to get held accountable. the point is it is our job to make sure the american people know what is going on. nobody is listening. stuart: the damage has been done, in 2012. you were intimidated. >> we were not allowed to do everything we were supposed to. having to deal with this instead of working and other issues in the local area. they did win on one hand but on the mother and the american spirit always wins. stuart: thank you very wifmuych. the government spending 175 taxpayer dollars on what i will call mail enhancement devices. you cannot make this up. 1 to ashley: hundred dollars, full story in a moment. [ male announcer ] this is the story of the little room

over the pizza place on chestnut street the modest first floor bedroom in tallinn, estonia

and the southbound bus barreli down i-95. ♪ this magic moment it is the story of where every great idea begins. and of those who believed they had thpoweto do more. 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 roo 2713. ♪ this magic moment ♪

stuart: talk about inflated government spending. according to a report by the inspector general government spent $175 million on vacuum erection sections better known -- medicare patients between

2006-2011. are you calling this a waste of government money, charles payne? charles: i am. maybe if you got one of these, they are called vacuum erection systems so maybe if you got one of these. there are lines i would draw from the government and this would be on one side of the line where i would not pay for it. stuart: scott hughes is still for it. >> you had to stay for a conversation like this. this is government waste. they said they justify it -- testicular cancer so they were trying to rebuild their self-esteem. table justify it but here is the problem. folks were denied cancer treatments or pills people can't afford under obamacare and people on welfare going to disneyland swiping their cards buying the big chicken leg. all sorts of things going on including this, the people who really need help are not getting it and it speaks to the overall

in the efficiency of our government. stuart: we have dealt with this. stuart: they paid 1% more than on the open market. another reason to get out of the government out of the penis pom business. stuart: last word on this one. the selloff in intercept stock continues, down 20% today. last week ran up as high as 497. look at it now down $87.84 to $2.79. your take on credibility and president obama is next. 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.

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start a tax-free business at startup-ny.com. stuart: last hour i gave you my kate, my opinion on what i think is the president's lack of credibility. of the president does not believe or trusted we cannot expect our nation's problems be addressed in a meaningful way. here is what you had to say.

eric. i don't believe obama is strong enough for even has the power to plan and orchestrated this whole mess. obama is doing his job as a front man. sounds a little conspiratorial to me. wendy disagrees with me. he hasn't done it to himself. he has done it to the american people and then deliberately. all little conspiratorial edge. another viewer tweets this. all we can hope for now is the next president of the united states can repair the damage obama cause to the nation. it may take a generation. you think it is going to take a generation? charles: doesn't have to take a generation but we need a president, white house, house and senate on the same page to know a huge hole has been created. stuart: dramatic action. dagen: dramatic action needed on the data thefts. according to jpmorgan's ceo jamie dimon morning credit card theft and data breaches are not

going away and banks and retailers need to fight this together. fixing the nation's power grid. harvard has a master's presently to researchers will show us the future. tomorrow's business today. nasa's by a robot and why it could be crawling through your window during an emergency. matthew martoma could flip the sec's leader steve cohen. that and more on this hour of markets now. let's do this. connell: right to it today. dagen: breaking news from jpmorgan chase earnings call. the bank's chairman and ceo jamie dimon talking about babe reaches and that the credit card account, it is a big deal, not going away. calling on banks and retailers to come together to battle these attacks on