it will not save the state as much money as originally thought. president obama to deliver the fifth state of the union tonight. brad blank when joins as the administration teeters on lame-duck status. adam: the city feeling close to 27 degrees. an ice warning for new orleans. the city expecting accumulations of one quarter of an inch. temperatures in houston dipping just below freezing. we find our own jeff flock in bitterly cold chicago where schools are canceled for the second day in a row.

jeff. jeff: not only the public schools, but colleges canceling classes as well. we came to the top of our fox business headquarters here. it overlooks the city. a unique perspective from a peer of about how cold it is and what the city looks like that way. also a bit of a threat through there. yesterday, remember, we saw all of the smoke coming off the lake. now you see it actually frozen over. take a look at what this is doing to air travel. nearly 3000 cancellations nationwide. hartsfield international airport in atlanta where they are getting snow as we speak. houston on the tail end of that. oh here has over 500 cancellations. amazing to be up here on top of the buildings. maybe you see back over here,

those round towers that are a signature of chicago peered all of these buildings, by the way, heated with natural gas. the man for that is spiking as we speak right now. take one quick look at the winchell's. you mentioned earlier, incredible wind chills. up here, even worse. we are up higher in the air. i leave you quickly with a radar map. you can see where the winter storm is in the south. just bringing all kinds of tanks. they indicate the winter remix. the white is the snow. they will get 12 inches in virginia and parts of north carolina overnight. my god, what is happening with the weather. lori: thank you, jeff. he is tough, and jeff flock. the freezing temperatures are up

. crude prices jumping ahead. prices are down as investors put money back into equities. adam: turning to the equity markets. we will go ahead to the new york stock exchange. nicole: smiling that is. the dow is up about 75 points. a different picture than we are used to. the last time you saw the dow higher was before martin luther king day. on that day, the dow closed at 16,458. the nasdaq has been the most difficult to gauge today.

that is because of apple. the nasdaq is squeezing out a game. let's take a look at apple, quickly. apple down almost $40. a drop of seven and a quarter percent. in the meantime, as i noted, karl icahn. lori: a weak report on durable goods. orders for big-ticket items unexpectedly down 4.3% last month. this comes as the fed starts its two-day policy meeting today. it also marks a new slate of voting members. we will have full coverage beginning tomorrow at 2:00 p.m. eastern. adam: shares of dr horton are soaring. the company's orders rose in the first quarter and the sales pace

is picking up so far this month. the news live shares of other builders. lori: coming off a five-day losing streak. stocks are fighting to stay positive. these games could be short-lived. the dow could be headed towards a 15% decline. this is fascinating. take a look at the dow from 2009 to the end of last year. compare it to the dow back in 1954. they are almost mere images. we all know what happened in 29 with that crash. we do think that there are a lot of things right for a pullback now. we came across that chart from friends of ours last fall.

timing was not right yet. if we look at how it was lined up -- lori: it is interesting that you thought to look back to that. what was it that triggered the comparison. something going on in the economy. >> i think it is probably technically. whether it is fundamental analysis, quantitative analysis, it is all partially premised on the fact that history repeats it self. all forms to look back in time. we tend to look back at prior charts and patterns. have we seen this before.

lori: a 15% correction off the dow's high. that is not too violate, is it? >> we are definitely not looking for a crash. why is the market ripe for 15% pullback? everyone knows about two week tapering. it is common knowledge. everyone knows about china's slowing. what is not talked about and one of the biggest premises is for us is by sheer portfolio managers who hatched up books at various times of the year always lost on those hedges. lori: the risk on profile is back. stocks are up. how does this work into your

theory? >> i think that this is a temporary blip. the most common universal traits across the street are coming into this year. none of those have panned out yet. all four of those are exactly opposite. people are not prepared for this to move down. we look for that inefficiencies in the investors mind. we think that this is a very ripe time for a decent pullback. lori: we will see you in a couple weeks to see where we are at. the tech giant ruling out prescription lenses.

adam: president obama will address congress and the nation tonight. just two points above the personal low. lori: super owl media day. that will be fun. ♪

adam: president obama will deliver his state of the union address this evening. his main focus tends to be income and equality. raising the minimum wage for federal contract euros. thank you for joining us, brad. has it grown worse under the president than the previous administration? >> absolutely. the fact of the matter is the president in the state of the union should be bringing the american people together. instead he will engage in class warfare.

if you listen to the democrats leading up to the state of the union. the other thing is, he comes before congress. if you do not do what i want, i will rule by executive order without congress. i do not think that it is a very good strategy. you should be thinking about uniting the country instead of dividing us. lori: they put the president's approval rating at 46%. with regard to the president's legacy, is two nights state of the union a make or break? >> absolutely. >> dividing the american people. i think the president will be the lamest of docs. he will polarize the house. he will also polarize the senate. we have a divided government.

the president will destroy this by the reddick he will have tonight. adam: we have seen them talk about pre-k education for children and taxing the wealthy to pay for it. is that the game plan for the democrats? >> it seems to be. he is appealing to his base. they do not help the economy at all. is it better to give somebody a job or the opportunity to have a job rather than an entitlement. this is the difference now. never been greater.

lori: what do you make of this response? he also has senator mike lee. does this response ever help the party or the particular lawmakers? >> it does not. it is not helpful to the republicans. also, it looks like dysfunction between the public right. we should have picked one person and one person only. i do not think it is fair to them. i do not think it is fair to the party.

lori: let's get you updated on the markets. the chairman ceo has been criticized greatly for not turning this company around. some even wanted them ousted. they are splitting the chairman and ceo roles. with that announcement, the stock jumped to five and a half percent. some significant changes ahead. you have jeffries. he will stay in the ceo world. three new board members as well. lori: thank you so much, nicole. there is a new trouble still to come. we will hear exclusively from

state treasurer dan referred. lori: asking the players just about anything. rick leventhal is in the middle. we will check in with him next. ♪ capitato make it happen? that makes it al? what's a vision without the expertise to execute it... and the financing to make it grow? whatever your goal, it can change more than your business. whatever your goal, it can change e future. that's wh at barclays, our ambition is to alys realize yours.

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>> 20 minutes past the hour. i am lauren green with your fox news minute. the budget agreement approved this month reducing the adjustments by 1%. chairman of the senate committee says it is wrong to sing about military retirees in order to reduce the deficit. president victor u vukovich accepting the resignation. lawmakers have repealed anti-protest loss that triggered violent clashes between demonstrators and police. morsi is accused of organizing present breaks.

those are your news headlines on the fox business network. lori: let the super bowl mayhem begin. fox news rick leventhal is at the center of it all. >> the first year that the super bowl media day is not being held at the stadium. we are outside the prudential center where it is 18 degrees in newark new jersey. it is plenty warm inside. several thousand members of the media are here. among the most sought after interviews inside, no surprise,

peyton manning. >> i have had my concerns. the doctors just could not tell me anything definite. when the doctors cannot tell you that, how do you really know? >> also a bit of -- all different kinds of characters. there was one guy dressed as waldo. david klein covered every single super bowl including this year. >> you must be proud of the fact that you have been to every single super bowl. >> some of my best friends in far better sports writers have gone through the gridiron in the

skype. >> it is cold here. the jets and giants decided not to stadium. dagen: they may change their mind. i want to remind everybody, our all-star super bowl lineup takes us to the 1:00 p.m. hour. we will kick it off with broncos president. plus nfl all-star tony gonzalez stops by to talk about life after football. all of that this coming thursday. 1:00 p.m. eastern. adam: my exclusive interview with dan rutherford. illinois controversial pension fix will not save nearly as much money as originally thought.

lori: a new push to end the bailouts in the euro zone. all you need to do is just tax the wealthy. really. ♪ ♪ ♪ ♪

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numbers. announced a buyback but not good news. one of the big losers on the dow jones industrials. another name we're watching, we're keeping an eye on ford. now ford, that is down one quarter of 1% to 15.67. came out with higher profit. reaffirmed 2014 guidance. good news for ford. it had been in poff territory. negative now. look at pfizer. now pfizer up 2.8%. good news for pfizer. top gainer on the dow jones. came out with fourth quarter numbers beat the street and doing well with cancer drugs, arthritis drugs. also other thing worth noting, viagra sales are slipping but they are doing well with lipitor and the like but they do have generic competition. lori: viagra sales are slipping? okay, nicole. adam: coalition of public labor unions filed suit to seek to overturn the first-of-its-kind public pension reform law. it is supposed to close illinois's $160 billion unfunded

pension liability but the labor unions call it unconstitutional. illinois state treasure and candidate for governor dan rutherford was against the law because he warned it would not pass judicial review. in an exclusive with fox business, rutherford said it will also fail to save illinois taxpayers mon. >> i let me respond to the constitutional side, adam. illinois has a specific clause about diminishing benefits. as i looked what i had, in fact the bill wasn't even available at the time when they made it be known over the thanks give being weekend. from what i could understand of it i had major concerns about the constitutionality, that is number one. in real terms there were no actuarial numbers available to the general assembly or governor or myself as straight treasurer. whether it was known to be a bill of goods at that time, i don't think anyone pro a financial analysis standpoint

did have enough information to adequately say if it was going to be or not. adam: we should point out as the state treasurer you are not responsible for the funding of public pensions and people retiring on those benefits. >> right. adam: but you did, there's a quote i want to read you talked about, it is almost a-year-old but you said, quote, i see the dark underside of the underbelly of the beast more than most. my role is to present, probably not popular, but at least rational responses to the financial problems. when we talk about financial problems in illinois, it is not just the pension problem but continual state deficit, is it not? >> it is outstanddng bills we have. regards to operational spending and to be candid as well it is about the taxation. there was increase in the income tax. it was supposed to be temporary to expire at end of this calendar year 2014. if it continues the way it is going to go i'm finding it very challenging how there will be any sense, any sense at all to have a good service quality

within our government and have a balanced budget. adam: you are, as you should point out to the viewers, our on the ballot at least in the primary to win the republican nomination for, to become governor of illinois. you wish to seek office. >> that's correct. adam: the fiscal futures project, recently put out a report in regards to the deficit the state-runs but also the pension law. that was passed in december of 2013. and what they discovered is, let's assume that the actuarial numbers are right, that the 160 billion in unfunded obligations going 30 years out will be funded because of the law, but even if they are funded what they found the deficit in 2015, to roughly 15 billion inn 2025 and in the best-case scenario from one billion in 2015 to six billion. so you still have these huge short falls. >> oh, it is. it is very concerning. the thing i find that is

challenging the fact this is just now coming out. i don't fault them for the timing for it but that is where the whole bill was presented thanksgiving time and signed into law shortly after that to be panacea of solving a problem while yet many so of us believe it is unconstitutional. we have to look at all the components what makes up a pension problem. number one is the contributions from the general assembly and the participants. the other are the benefits that are given. then third, is the rate of return from various pension boards. candidly the problem that put us in this situation today was the past governors and general assemblies did not put in contributions they should have. they shortchanged or gave them holidays may have called them. there were benefits increased not commensurate to keep up with additional benefits. last was rate of return from the pension badder. in fact our teachers system board, retired teachers system board had rates of return of 8.5% during recent few years. reality, an investment return on a pension type of a portfolio in

this current time is not coming anywhere near that. all of those things have exacerbated problem we're at. the reason i want to highlight that is everyone has skin in the game, both the general assembly and the governor, current teachers. you just can't blame it on one component. adam: for the rest of interview with dan rut they are guard -- rutherford and full coverage of the pension crisis, go to foxbusiness.com/pension911. lori: tough stance on eurozone countries struggling with higher debt levels. boone desbank -- bund december bank asks that countries tax wealth of private citizens to help. here is charles payne. >> this is a little bit late with respect to the crisis. you know these european countries for most part kicking and screaming accepted forms of austerity. not all forms of austerity i

would like but combination of taxes and spending and it is starting to work for the most part. you know i don't know if you guys saw on january 23rd spain had $10 billion in debt, 10-year notes. it was record amount and demand was a report. 40 billion. the yield was at the lowest level since 2006. not saying that the crisis is over but, it feels like a little bit too little, too late, to your point if this ever comes up again, probably would be, if everything is done if they have another leg down it would have to be something extraordinary like this. this is pure redistribution. taking from people who have it and paying off the debts of everybody. adam: is the crisis over? they will have new stress tests in the eurozone, banks, i don't want to say a lot but some will not pass. bancia in spain will really have trouble and they will need additional funds to help bail them out. >> it is not one of these inflection points and we live happily ever after.

i think there will be bumps in the road. spain still has an amazing unemployment problem. i think the worst is over. and i think panic aspect of it is over particularly pointing to the kind of demand in the free-falling yields of some of these countries outside of greece. italy to me has been amazing. as far as this is concerned the imf said the same thing about a wealth tax and they have been talking about a wealth tax in italy over three years. in greece they had a tax on swimming pools. what did people do? they camouflaged swimming pools. lori: or lied about it. >> lied about it. had to have helicopters. neighbors lying about it. adam: if you can hide and camouflage your swimming pool you should get a writeoff. lori: cling none cloaking device. >> i hope it doesn't create the stress it did before. lori: especially to your point and improved brought economies with leg up just with austerity so far.

>> i look at individual companies, american companies that deal around the world, european numbers are looking better. it is not crazy, runaway. imf upped 2014 estimate for gdp for pain from 0.2 to 0.6. so that is triple, adam! that's triple! adam: sounds like lipstick on a pig but. >> that is almost triple. see you. lori: don't insult miss piggy. adam: i was going to give you grief for being a trekie. i so glad you're a trekie but you're a sci-fi nut. you love space. herbalife, charlie gasparino is here with exclusive details about what the company is saying about a canadian investigation. lori: google makeover. the tech giant wants to bring your boring glasses into the high-tech age. [ doctor ] and in a inical trial versus litor,

crestor got more high-risk patient bad cholesterol to a goal of under 100. way to go, crestor! yh! tting to goal is a big deal, especially if you have high cholestero plus any of these risk factors. because you could be at increased risk for plaque buildup in your arteries over time. so, when diet a exercise aren't engh to lower cholterol, adding crestor can help. go, crestor! ♪ ♪ oh, yeah [ female announcer ] crestor is not right for everyone, like peoplwith liver disease or women who are nursing, pregnant,

or may become pregnant. tell your doctor about other medicines you'rtang. call your doctor rht away if you have muscle pain or weakness, fl unusually tired, have loss of appetite, upper belly pain, dark urine, or yellowing of skin eyes. these could be sig of rare but seris side effects. crestor! yes! [ female announcer ] ask your doctor about crestor. if you can't afford your medication, astrazeneca y be able toelp. >> i'm david asman with your fox business brief. a group led by several northwestern university football players are forming the first-ever student athletes labor union the college athletes players association has filed a petition in chicago with the national labor relations board to start a union movement in college sports. consumer confidence climbed in january to 80.7, up from december's 77.5. january's number beat expectations. it was the strongest reading in five months. the conference board found consumers feeling more upbeat about the labor market and the

economy. single-family home prices rose in november according to the latest case-shiller report. the 20-city index was up 13.7% year-over-year, matching the estimate. the biggest annual rise in almost a eight years. that is the very latest from the fox business network, giving you the power to prosper.

lori: google teaming up with vision care insurance company vf 3 global to offer prescription lens options for google glass in an effort to broaden the wearable tech audience. jo ling kent has more. >> hey, lori. the largest vision health insurance provide remember trying to take google glass mainstream opening the door to new collaborations between the health care world and tech world.

new prescription lenses will be available for google glass for the first time this year. they currently provide insurance to 64 million patients which is one in five americans. this deal gives google unprecedented access to $30,000 across the country. frames will cost $225 a pair. sunglass as little cheaper will be 150 and available toward end of this year. if you're part of the google glass ex-pourer program you can get the new frames this week. speaking of frames, they come in four newns aimed at broading general appeal. this partnership is seen as a big win for google but raises expect the privacy and surveillance concerns. google's stock right now doing well, up 1.8%. a note here. google is not alone blending tech and health. fit partnered with lori birch and apple hired the former ceo of burberry. adam. adam: thank you very much, jo. is herbalife under another investigation or is this another

attempt to move that stock lower? charlie gasparino joins us with exclusive details and perhaps a late phone call in the night. >> interesting the stock is moving downward. it came back a little bit. look at a stock chart, if you get a fairly up-to-date stock chart. this move significantly yesterday, when we reported an analyst, a bullish analyst was going to bill stiritz, private equity firm, theories was goings to there that stir ritz wants to buy herbalife. it moved down dramatically on "new york post" that a canadian regulatory authority is going out there to investigate herbalife whether it's a pyramid scheme. we don't know if they concluded that but they're investigating. we reached out to the canadian regulatory authority. no comment. herbalife we reached out to and said they were unaware, quote, quote, of an investigation. we should point out this is very volatile stock.

a lot of talk about the u.s. federal government investigating this stock and whether herb a life is a pyramid scheme, namely the ftc, federal trade commission. i think that is the key thing here. the canadians can investigate them. the chinese can investigate them. there was a story about that last week. lori: everybody is investigating them. so far none of the findings have been released. >> there is only one thing that matters. if the federal, u.s., ftc investigates them the stock is going to implode and still they have not done some that is where we are right now. i will say this is a great story story. you have incredible long, like, big, big players on the long side, right, like carl icahn and bill stiritz. they are major investors. a fascinating character on the short side is bill ackman. lori: another leonardo dicaprio movie. >> they're all battling it out. if you're an average investor why should you care about this? this is insight to how

wall street works. this is not stock that will change the world here. herbalife makings protein shakes and supplements. what they do positive, i can't tell you whether it's a pyramid scheme or not and i can tell you they employ people and some people like their products. whether it's a pyramid scheme i can't tell you. i'm dubious on the business model. i don't know how much protein shakes you can sell. carl icahn has been on the air, he says he thinks it is $100 stock. it was off the highs before stories about chinese looking into this. adam: let me ask you real quick. when you see new reports of an alleged investigation, someone gains perhaps by motivating the stock to go down. >> right. adam: so you ask the question, who will gain from that. also you bring up carl icahn. whatever happened to the discussion maybe taking herbalife private. >> that was renewed yesterday when the davidson analyst, tim rainy, probably one of the

primary bulls on the stock went to join bill stiritz's firm. he is a private equity investor. he wants to buy. he said it point-blank, he would like to buy the company. whether he does or not, whether that was the motivation to hire raimi, i don't know. he is working at fairly small brokerage firm. he will go to a guy that he made a lot of money for. if bill stiritz he bought it at 30 and it is at 60 now. so he got a job. there is a lot of, markets interpret moves. doesn't mean they interpret them right. we actually broke the story about ramey going to stair rid's firm. -- stiritz's firm. this shows you how bizarre the story is. the guy that worked on the short, analyst worked on the short with bill ackman at pershing square is shane dinneen. a lot of talk that is leaving pershing square. when you go to the pr people of pershing square they won't

neither confirm or deny whether he works there anymore. we reached out to a secretary at pershing square, would try to get us on mr. dinneen's calendar so he can talk to us to confirm whether he still works there anymore. that is how insane this whole thing is. adam: maybe on calendar at new firm. >> i don't know. this is, it is like another world. it is almost a soap opera, herbalife. lori: so did the aarp card arrive yet? >> oh. lori: how is the day going, birthday boy? >> i want you to know that i ran this morning in 13-degree weather. adam: running from the bedroom to the refrigerator doesn't count. >> did 32 pull-ups outside. lori: still got it. adam: an you brave the subway at 6:30 in the morning? that is test. >> i've done it before. adam: giving you a hard time. happy birthday. lori: working on the birthday. >> thanks, guys. lori: relief rally on wall street. mark newton, greywolf execution partners on floor of

new york stock exchange. got the fed tomorrow. a lot of people hope the bleeding has stopped. up for debate. what do you think? >> looking for encouraging stabilization after the pull back so far this year. people wonder whether the fed is paying more attention to market volatility and currency volatility than the economy. it is widely anticipated we still get a taper. we have to remember last year when people in general think that we are, then we really haven't. almost 70% of the people thought that we would get a taper in september and we didn't. back in december everybody thought we wouldn't and in fact we did. right now it is pretty uniform we are going to continue, you know, really tough to say. the market at this point is still pretty negative in the short term. nice to see a little bit of a bounce. we'll have to see at least a few more days of stabilization and really more progress to get investors involved buying dips. lori: most of people expect the taper tomorrow to be continue when the announcement arrives. do you think that move has been

priced in with the volatility of the last couple of sessions? or do you think we're in for another wild ride tomorrow after the decision? >> i think we very well could be in for another wild ride. you know, just tough to make too much of it. i thought the market had gotten comfortable with the fact we are starting to taper and fed was comfortable how the market would perceive this the trend started to change. we turned down at the beginning of the year coinciding with treasury yields pulling back. nothing happens so far to make me think we're out of that. lori: okay. grab your hats and glasses kids. mark newton. >> my pleasure. lori: might want to double-check the credit card statement. adam: there are new warnings that scammers are changing cards, charging cards small amounts of money hoping that you won't notice. we'll tell you about this next. [ male announcer ] here's a question for you:

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adam: american consumers want answers. consumer financial protection bureau head richard cordray appearing before the house financial services committee. that comes on heels of massive breach of consumer credit card data. rich edson joins us live from capitol hill how the hearing is going. >> secret service is looking at all this. congress will continue to look at this. we got the first glimpse today when the cfpb's director richard cordray testified before congress. a number of republicans are concerned perhaps all the aggregated information cfpb stores could be target of hackers. richard cordray said his agency

is doing its best. >> there are broader issues here for the credit card industry and retailers in terms how they manage information. frankly a lot of concerns people raised appropriately i think with me about our agency today. everybody who has information is going to need to jealously safeguard it in order to protect consumers. >> there are concerns that these data breaches that we've seen at retailers would be even wider, more retailers we have yet to hear from, the better business bureau is warning folks about a new credit card scam. they posted on website, with this new con, scammers are banking on fact that many consumers don't check their credit card statements all that carefully. don't fall for it. review the statements of unexplained charges, 9.84 and contest and with credit card issuer. call the number on bask your card. better business bureau says the credit card statement, this scam asks to you call a different number and try to scam you to take more information.

look for that charge. $9.84, if it sticks out. back to you. lori: interesting number. adam: thank you very much, rich. lori: first-of-its-kind road trip, father and daughter duo drove a tesla model s from new york city to los angeles for free. the trip took six days. consumed just over 1300-kilowatt hours. the familyteam using 24 of the 21 supercharger stations test has all around the country. separately tesla says it will send two of its own teams on a reverse trip from l.a. to new york this weekend, covering the same ground in three days. adam: you can do that faster with the wind going west you see. it doesn't apply. only at 30,000 feet. lori: i still know you're jealous. that is trip you would do in the heart beat. adam: i would love to do it. i. apple, buy or sell. two analyst best in the business with their take on what to do.

word google glass prescriptions will be covered by vision care. get your orders in thousand now. will you considering buying them. your tweets and tracy byrnes, ashley webster take you through the next hour of "markets now."

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♪ ♪ ashley: good afternoon, everybody, i'm ashley webster. tracy: i'm tracy byrnes. look at apple, that stock is being cord. should you buy, sell or hold now? we are joined by two of the best apple analysts with their takes next. ashley: word google glass prescriptions will be covered by a vision care insurer so will you now consider buying them? full coverage and your tweets in moments. tracy: carl icahn seemed to be buying apple. bitcoin, two arrests focus on whether it's a new currency or a

big new scam. judge andrew napolitano holds court at bottom of the hour. ashley: i say brr. look at these temperatures from around the country. baby, it is cold outside but nat gas, heating oil, propane prices skyrocketing as a result. tracy: who would have thought the polar vortex would hit more of us. week long look at super bowl stocks, cheerios shows the true colors in ad games. how do you cash in on all this. that and much more on this, i did not write this, vitamin enriched and fortified hour of "markets now." ashley: it is hello think for you. tracy: that means no dirty jokes. first, top of the hour. time f stocks. nicole petallides on the floor of the exchange. dow, dow is up 58 points. someone having a pretty fortified day. >> the dow is up about a half a percent and actually getting closer back to that 16,000 mark. we've been down five straight days in a row.

our last up day was back on the 17th of january, prior to martin luther king holiday. on that day we closed at 16,045. those you selling we enkurd over the last week or so. that being said we have a little bit of a turn around. we'll watch earnings and the fed this week. you have that story brewing and economic reports. speaking of economic reports, let's take a look at the homebuilders. we'll tell you what we've gotten as far as case-shiller numbers. year-over-year numbers are stellar. for 20 cities up 13.7%. that shows a big up arrow. for the month of november, a drop of .1%. good news there, that is actually a good number for move. then we'll look here at d.r. horton which is jumping today, up nine 1/2%, bringing the whole group along up with it. d.r. horton reported stronger-than-expected earnings yesterday so that was good names. that is weighing on other names like pulte group and ryland.

by the way all homebuilders have up arrows you about the first two set the bar pretty high. back to you. ashley: nicole, thank you very much. apple down right around 8% now after the company reporting disappointing earnings based on a poor iphone sales outlook. joining us two of the best apple analysts in the business tom forte, telsey advisory group managing director. gene munster, managing director of piper jaffray. gene, let me begin with you. the word i hear the most is disappointing. what worried you most about this latest report? >> biggest concern about the u.s. iphone number. unit growth number. they didn't break that out. you can back into it. it looks like it was down 5% year-over-year. so kind of an ironhorse market down 5%. they gave reasons what accounted for that. to us that was the most concerning point. tracy: tom, latin america up

57%. eastern and central europe, up over 115%. tim cook in the conference call said china is water shed moment. that all offset what happened here in the states at all? >> if you look at the quarter, the story and results was that the the company met or exceeded expectations on both top and bottom line with iphone unit sales coming in at the shortened. what does that tell you? tells you the 5s, more expensive device outperformed the 5c, the mid tear device. the mid-tier device was intended to help them penetrate emerging markets. the story was the strength of the 5s and the underperformance of the mitt tier 5c iphone. >> gene, let me bring you back. you say apple seems to forego market share for the margins and that's fine but how much can you grow in that space? do we have to wait until the iphone 6 cycle, and while we

wait for that how much do they fall hyped? >> that's the hook here is that iphone 6 will be a big deal. it is larger screen. it is going to compete in the area that the iphone loses the most. when we survey people in the u.s., it is about a third of iphone owners say that they are interested in a bigger screen. i think unfortunately there is a little bit of a waiting game. there could be, the street estimates have been adjusted now. so they have come down. that's the debate that i'm hearing from conversations with the buy side today. how bad could it get in june before the next -- tracy: i had this conversation with someone last night. bigger screen. everyone wants the big screens. i wish my phone could shrink down to nothing so i don't have to carry anything some days. is that enough to do this, tom? do we need a watch? do we need a tv? or is the big screen going to be enough to carry apple's stock for a while? >> i think what people are missing today with the stock down 8% the company generated 12 billion of incremental cash

despite buying back five billion of shares, when i look at apple, i think the buyback will buoy the stock until we have new product news potentially section half of this fiscal year which is what you're talking about on the watch or t have. front. so i don't think investors have to wait for the next generation smartphone to come out for the stock to work. ashley: look on the other side, gene. some of the positives here no one really talks about it but the itune store continues to do pretty well. grew by 19%. sales coming in at 4.4 billion. i see that going from strength to strength so there some positives in here? >> there are positives. that is one that is very strong over the long haul, itunes. gross margin has been better. unfortunately all those don't add up enough to offset the fact that the iphone is such a big part of their business. tracy: so, tom, where are we with this? i guess we should ask you guys both. what do you with the stock right

now? do you buy, sell or hold? >> 156-dollar price target, i'm a buyer. stock repurchase will protect the stock. there is limited downside. doesn't hurt you have activist investor carl icahn, not only investing more money but pushing to accelerate repurchase. later this year they will have new product news which at minimum will be accretive to the top and bottom line. i think they reset the bar for earnings this year so i think there is nothing but upside from here. ashley: let me bring you in, gene. we're putting this at the bottom of the screen. carl icahn saying apple shares are cheap. he just dipped back in, $500 million more. is this a buying opportunity. >> absolutely. this is just a textbook trade going into a product cycle here. you own it when the news is negative ahead of a big cycle. we have bigger phone. talk about other product categories. don't overthink it. and i think we talked about the capital allocation, the potential dividend increasing. to me that is just gravy.

so it is ugly today but i think there is reason for optimism. tracy: booed stuff. -- good stuff. we haven't even talked about the mac units, guys, 4.8 million. this is 30th anniversary, tom. people still buying those things too. >> well i mean they are wonderful products. if you have used them and used competitors they last much longer. the story is transition to tablets and speculation they will come out with a enterprise tablet which will be beneficial to margin. i think the company's known for innovation. the anniversary of the macintosh is wonderful but i think there is lot more to come. ashley: indeed. too forte, gene munster, thank you for joining us. >> my pleasure, thank you. tracy: they both had a buy on it. ashley: they did. it's a bargain right now to many people. >> i think so. you're right. from apple to google. google glass prescriptions will be covered by vision care insurer vsp. so now would you consider buying

them? i think many people will think twice now. your tweets are at the bottom of the screen. we're joined by jo ling kent with details. this is a big development for wearable tech. >> this is very useful development for those that want to get into this special field, tracy. vsp, the nation's largest health insurance vision provider is partnering with google to make the glass frankly better looking. frames with google glass will be available to the public the first time this year. company currently provides insurance to one in five americans and this deal basically gives google unprecedented access to 30,000 doctors across the country. according to vsp optometrists will be trained to properly fit the glass on the frames. consumers can choose from 40 style variations by designer isabelle olson. the frames will cost $225 a pair or 150 for sunglasses. they will be available at end of the year unless you're in google

explorer program which you will get the frames tomorrow. google's stock is doing well, up more than 1%. 1 . 64% right now. tracy, there is of course privacy and surveillance concerns come along with this news. that will continue to be debated but if google glass is really lowering the price as it is, you're buying in, consenting to have all your stuff known by google. tracy: but if insurance covers it, i bet a lot of people will jump on that bandwagon. who cares about privacy. ashley: we could both wear it. stock quotes. tracy: kind of bizarre to me. ashley: gives me a headache. tennis, anyone? hopefully indoors. in tech minute, how technology is transforming the game. tracy: we've all been complaining about the cold. lower temperatures bringing up the price of nat-gas. jeff flock live on the cold streets unfortunately of chicago. he is outside again! he is next. ashley: always cold in chicago. come on, it is january. it will be freezing at kickoff time for the super bowl.

we have a ceo with their sales are hot or cold. tracy: first we have a true american hero. pete seeger, the folksinger, songwriter, died at age 94. ♪ welcome back. how is everything?

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tracy: that time of day. got to make some money. charles payne is here. tonight's state of the union will address minimum wage which is very sticky point for charles payne. >> it is. tracy: critical issue holding back the nation, charles, come on, i don't know. i know where you stand. >> i think everyone knows where i stand but i wanted to have a clear discussion about it and really point out why it is a mistake, why it is folly. this is divisive issue designed to make us feel bad, not good. i've been telling people the president should watch "wolf of wall street." at least one segment when a guy selling a crappie stock but made it sound great. every time the president talks about america it's a great nation but sound crappy.

1.6 million people on minimum wage. only% of workers. 2 million bee row low it. 5% of the people. take a honest company that pays company minimum wage. burger king. last time company cost as percentage of total revenue, food and paper, 3%. payroll and benefit, 27%. occupancy, 19%. depreciation 5%. i think we had a full screen. that leaves very little money, look at this. good nothing left. >> what is left for renovation, advertising, buck in the bank for research and development, rainy day. look at another reality. what you see here with the stock market up particularly last year. a lot of politicians say these corporations got the money, they don't want to share it. tracy: they did it to walmart. >> does burger king really have money? look at same quarter last

september. same-store sales in the united states were down. the company closed 13 stores in the united states. and in europe, middle east, africa, same-store sales are up 2.4%. they opened 80 doors. america, opened 27 stores. same store ales up 2.7%. asia-pacific. sales are -- ashley: closing here but opening up -- >> you will see improvement on the bottom line. earnings are going to look great. you look at the chart. the chart looks fantastic, burger king has come back. why can't they share the wealth? the honest to goodness truth is they're not making wealth here. it is not generated here. you will create a situation where fewer people will have jobs. tracy: you and i talked about this on the "cost of freedom" on saturday on fox news channel all the time, mom-and-pop don't have the money. they lay people off. >> by the way president will talk about raising federal contractors minimum wage. you know what that raise is in 39%. 39%. anyone watching this show get a

39% wage increase this year? ashley: would be nice. not going to happen. tracy: charles, good one. charles payne, thank you very much. >> thanks a lot. ashley: good stuff. lots more to talk about. tracy: we could talk about it all day. ashley: we could. quarter past the hour. time to get a check on these markets. nicole petallides down on floor of new york stock exchange. watching american airlines group. nicole the first earnings report since the big merger. >> that's right. this merger obviously pushes american airlines now. they reported for the first time and guess what? new highs? new highs up 5%. traded as high as 32.20. they swung to a profit. we know the airline industry has been in merger, megamerger back in 2008. there have been four of them. this is the first time they came out and swung to a profit, now the stock moves to new highs. good news for american airlines. a al. back to you. ashley: coming back. nicole, thank you so much. well the federal reserve will begin its two-day meeting.

it will be the last by the way for ben bernanke. janet yellen begins her term saturday on february the 1st. we'll have live coverage and analysis of the fed decision. will it scale back bond purchases even more? keep it here to find out. 2:00 p.m. eastern time right here tomorrow so. tracy: all right. next, in our week-long look at super stocks, general mills puts a cheerios ad in the biggs game for the first time ever! i didn't realize it was ever. wheatties has been around. looking to cash in. ashley: the cold weather taking its toll and push up the price of nat-gas and not to mention what it is doing to our poor jeff flock freezing in chicago. >> we wonder where it could be colder than the street? skyscraper, roof of a sky scraper. we're overlooking chicago right now. we'll give you a real feel in two minutes. i ys say be thman with the plan

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>> at 20 with one minutes past the hour, i'm lauren green with your fox news minute. final version of the federal farm bill will allow limited hemp in pilot programs. hemp was banned decades ago when

the federal government described as a and banned it. this is one of the most criticized government officials by protesters. lawmakers repealed anti-protest laws that triggered vie lent clashes between demonstrators and police in ukraine. white house officials say the theme of president's obama state of the union address is the role of the government in boosting opportunities for people left behind in a recovering economy. the president is expected to announce a number of executive actions including raising the minimum wage for federal contract workers. those are the news headlines on the fox business network. now back to tracy. tracy: lauren green, thank you very much. >> sure. tracy: make sure you keep it right here on fox business for complete state of the union coverage. our very own neil cavuto talks to former governor mitt romney, conrad block, robert wonderful and john scully. it begins here at 8:00 p.m. eastern time. it is time for the super

bowl super stock of the day. today's pick, general mills. the stock is up over 15% in the last year. the last month the cereal maker released disappointing second-quarter earnings with kind of flat revenue growth. on the bright side it reaffirmed its 2014 sales growth forecast and expects mid to high single-digit growth in operating profit in the back half of the year. now of course on to the ads. general mills will make history as it debut as cheerios ad at the super bowl, first time in brand history. i'm surprised actually. the commercial will air during the first unscheduled timeout of the game. while the storyline has not been revealed but the common theme is the power of family love. it must have something to do with reducing cholesterol because that is what cheerios ads usually say. they are will be made by the recent team for the cheerio ads. it garnered buzz for a use of a cross web brand exposure was up

77% compared to the week before. this is of course according to research firm contara. general mills has not had a commercial in the big game since 1966 when wheaties ran a spot featured football greats deon sanders and steve young. that means we're not young, ash. don't forget to tune into the local fox affiliate for the big game this sunday. kickoff gets underway 6:00 p.m. eastern this sunday. good stuff. ashley: i will be on the sofa. tracy: me too. ashley: thank you, trace. current kickoff forecast, 36 degrees with only 18% chance of snow. why 18, not 17, not 19? 18. but around the country today the deep freeze is certainly being felt. in milwaukee, single-digit temperatures expected to last through tonight and tomorrow. way down south the governor of louisiana declaring a state of emergency through wednesday as forecasts for new orleans call for ice and windchills close to 10 degrees above zero.

between atlanta, georgia, and houston, texas, more than 1400 flights have been canceled as temperatures remain below freezing. who else to go to but our very own jeff flock trying to stay warm on a skyscraper in chicago. jeff. >> ashley, i'm holding a handheld wind meter that calculates windchill. i just got a gust of 30 below zero on top of this, not a skyscraper really. we're surrounded by skyscrapers this is about 20 stories in the air. i want to show you something as i look at natural gas prices. take a look. that is the, the stack out of this building which is not that big of a building but imagine all of the natural gas getting burned all around this city and around the midwest right now. i'll tell you, as you walk into that wind you get 25, 26, 27, minus 26, 27 wouldn't chill right now. pretty, pretty intense up here. this is a unique perspective.

bob, you think we can make it all the way -- that is the thompson center, that kind of space age building to your right. maybe if he goes off to the left, you see what used to be called the sears tower. that is now the willis tower. if i walk into the sun a little bit, maybe bob follows me if you can, it just a unique perspective to be up here. i want to show you the chicago river quickly before we get away. it will take a little moving if we can. if you get into the sun it makes a huge difference. i can see it on meter as well. but i got to show you the river. we often do not get the river completely frozen but if you look right here, and if bob comes over the side, watch your step, take a look at the river right now. very little open water, all the way up to the left, you see the merchandise mart. that is the big building. it is an entire city block? front of that you have warm water. other than that, this river is

frozen, we're frozen. oh, boy. back to you. ashley: get inside as soon as you can, you and bob are doing a wonderful job on camera. you guys it is freezing. you can't have your skin exposed too long up there. great job, jeff flock. chunks of ice in the east river coming in on the train. very arctic-looking on the way into work. tracy: sure is. not like that. ashley: no. tracy: coming up in next half hour of "markets now," speaking of cold it will be a brutal, brutal weather at kickoff time of sunday's super bowl. model's sporting goods ceo is here whether sales are hot as well. ashley: will be 35 degrees. like balmy for jeff flock. we remember american icon, pete seeger, dead at age of 94. ♪

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ashley: taking a look at the dow 30, much green on the screen, the dallas 87, could we get double-digit gains. pfizer having a nice strong day, pfizer almost a buck if i can get it to work, the impact is having on the dow adding five points, fourth quarter earnings beating the street be by higher sales of drugs like cancer, and erica payne and arthritis, good news for the stock doing nicely, also having the dow as a whole. nicole petallides at the stock exchange looking at another earnings when eric, a case deal. nicole: i have a case deal here and let me tell you something,

what a day for a case sale. 19%. and we swung to fourth quarter profits, average selling prices on the rise, revenue increase. shipments rose 1%. revenue increased 2.9%. rebound and demand for automobiles. they face some challenges. i am going to tell you from lower-priced imports that is one thing. overall because of the tax benefits that our pricing, a k steel floors. back to you. cheryl: tomorrow's business today of big black eye for bitcoin, the advocate is stepping down from his position as vice chairman of the bitcoin

foundation. a florida man selling bitcoin to users of the website where they were traded for illegal drugs. on the case fox news senior judicial analysts, at judge andrew napolitano, i cannot believe this web site still glowed which sold illegal drugs is open and these guys a using this to buy and sell. judge napolitano: i don't think it is open any longer. a complaint, which is in the form of an affidavit sold by an fbi agent was filed friday and that request of the federal judge an arrest warrant for these two fellows who were arrested over the weekend and since have been put on bail so they have not been formally indicted yet so we don't know what the allegations are. we know what the fbi says and the fbi says that they facilitated money laundering and acquisition of drugs using bit

coin. it is an old-fashioned money-laundering case, drug dealer, has a lot of cash because you buy drugs with cash and he needs to flush cash through a financial institution so he can take it out and use it legitimately and that is against the law. the other way to look at this is government doesn't like bitcoin because it is the medium of trade, a medium of wealth that the government can't control land doesn't regulate so they will do everything they can to come down on it. i don't know which it is but i can tell you what the law says. they charged him with money laundering. they must prove that he knew, not reason to know but knew that these people with whom he was buying and selling bitcoin reusing that for drugs. they have to be able to prove that. if they don't goes home free whether it is bitcoin orbital fashioned greenbacks. ashley: this is an alternative currency that is not stable at all. it is changing minute to minute second to second.

i look at it like going to a yard sale and pay cash for something very anonymous which makes easy to launder money. is going to have to -- the scandinavian -- no regulation. judge napolitano: the bitcoin people themselves do not believe in government regulation. they -- the regulators the free-market. the assets that backup bitcoin which is the investment people have made in it, like before the legal tender cases before the civil war when everything in america was back to buy gold, the federal reserve and regulation of the value of the dollar. and i would argue that the dollar is less stable today because of the fluctuation by the federal reserve. not subject to the free-market. tracy: where do you stand on this? what do you think will happen? judge napolitano: if he knew that bitcoin was being used to

purchase drugs than he is facing 20 to 30 years in jail but if they went after him just to get rid of bitcoin and can't prove he was aware of the drug involvement he will walk free. ashley: stay tuned. judge napolitano: trying to divorce himself from bitcoin to argue the foundation that i created had nothing to do with this. i don't know what the government's motive is but i have to take the fbi agent at face value. the affidavit lays out a strong case whether it is a bitcoin or glass. tracy: we will be back to talk about it for sure. judge napolitano: from questionable currency to dwindling currency, britain is facing some roil financial problems according to britain's parliament queen elizabeth's household budget fell to a historic low, $1.6 million, left in reserves, down from 58 million in 2001, the royal family cut 5% over the past five

years and other government agencies by up to 33%. they are putting buckets in m palaces to catch the rain as it comes through holes and a roof. not a lot of sympathy out there i don't think. we just heard from the queen herself. tracy: 58 million down to 1 million in reserve. tracy: they are will oils. are you ready for some football? sporting goods is two, the ceo next on whether his business is scoring. ashley: improving your serve with technology. tracy: take a look at how oil closed today, up $1.69, $97.41 a barrel, almost a 2% gain today. don't go anywhere, we will be right back.

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sandra: ford's fourth quarter results topping expectations, offset losses in europe and sell america but the number 2 u.s. auto maker, and ps 150 truck.

along lasting manufactured goods unexpectedly fell by 4.3% in december to november, the drop in durable-goods orders since july. a group from northwestern university football players say that are informing the first-ever student athlete labor union, the college athlete players association has gone to the national labor relations board to start a union movement in college sports. that is the latest from the fox business network giving you the power to prosper.

ashley: there you go, i like your colors better than mine. super bowl fever taking over the metropolitan area, one of the teams went by on sixth avenue, had a huge police exports, could have been cheerleaders. the nfl transforming times square into super bowl boulevard

with $10 long, millions of fans flocking to the city to partaken. the ceo of modell sporting goods says even though it doesn't feature local teams, up joins us now. thank you for being here. so the giants and jets are not in it but it is still big business. >> we don't look in terms of the financial aspect, we look in terms of is great for the brand, the fact the we don't have local teams would have been really phenomenal but it just brings tremendous excitement, they expect 400,000 people to be in the city and four major stories in manhattan that feature major super bowl -- tracy: not necessarily the team dear, there's a limitation on how many of these jerseys show up? >> a product that is generic, superbowl, and obviously seattle and denver broncos but what

people are buying, thermals and hats and gloves, supposed to be in the mid 30s but anything can happen. ashley: is it better sales? more items, people are buying these things whether it is thermal underwear or whatever it is does that help sales? >> absolutely. pick up items, the super bowl logo and nfl trying to -- it is one of a kind. people like spirit and said, and 44th street respect act. tracy: an all-inclusive holiday. people don't realize in man had in -- got to go -- everybody wants to wear something that represents the superbowl this coming week.

>> the first time we are experiencing offices coming in, 20 pieces of an item. the fact that both teams just arrived, a lot of press, a lot of media, superable boulevard is when it will catch the street and be tremendous. tracy: the you have a day when the sales are going to talk? >> friday and saturday and we expect a huge day, today is the last day that there are orders, super bowl merchandize on the web site, after that it will strictly be our manhattan stores on 40 second street, exclusive product, we transform the entire store to a nike product that looks unbelievable. tracy: our stage manager is the future rockets fans we would be remiss if we didn't tell you what was going on at the yankee stadium. >> get your cold beer, it will be outside so hopefully you know

somebody to get hot chocolate. tracy: i love these outdoor games. ashley: that is another boon for your business. it is something different. i applaud the commissioner thinking out of the box, used to be on new year's day, this past weekend if you noticed and l a, the weather, playing hockey, great for the sport and great for the fan. tracy: how have sales been? with me, kids always buying sports equipment but i you seeing that across the board? >> absolutely. no matter how difficult the climate is, no matter how tough is people always buy from the kids, when kids play sports, grow lot of the gloves or uniforms. tracy: it is iraq that i tell you. ashley: we can get you a racket.

all the super bowls of was leftover that doesn't get sold. what happens to that? you going to the clearance racks? >> rather than go to lowe's and home depot, to buy durra flame mugs and use it to spy. the day after it becomes an issue but it is like anything else. the day after -- tracy: got to be ready for you. ashley: thanks so much for joining us. >> going to the game. ashley: the outdoors. >> the commissioner will be outdoors and i will be outdoors. ashley: enjoy the game. tracy: got the blanket. ashley: appreciate it. tracy: back to the stock market, every 15 minutes we head to the floor of the exchange. martin, what do you think of the

super bowl? >> seattle the underdog. tremendous defense, peyton manning, a lot tougher, all year. tracy: the big morning, a payton takes the game. the market right now 90 points, not having much of an impact. >> we continue to see gains throughout the session, 2-1 positive. if there is no real surprise, we can continue up the little bit more. it is down from beginning of leg year so important to see some stabilization before investors get involved. we are down almost 3% or so, only three full trading days left in the months so it will take a lot to get us back even after what we have seen. tracy: everyone says get january goes the year. we are hearing this a lot. they buy into that considering january has been a bust? >> i do. the year as a greater chance of being flat or a lot less

possibility of being as robust as it was last year but the sector rotation, utilities and health care, consumer discretionary being the top performer being what it is, the month's worst performer, that is the one sector people should keep their eye on, started to show a little selling. tracy: great point. we will talk on monday about who wins. ashley: time for your tech minute. with the tie. the spy who loved angry birds. according to a report in the new york times the nsa is using smart phone apps like angry bird flaps for age, location, sex and sexual preferences. data collection by these so-called leaking air when according to conventional documents provided by it as a contractor ed snowden, the maker

of angry birds said the company has no knowledge of any program tapping into users' data. bose birds will be extra a angry. smart phones are smart business, global smart phone shipment stopping $1 billion in 2013 according to ibc, first on the milestone has been broken dominating the market samsung, morse and double that of apple, large screens and low-cost driving growth, chinese and indian markets quickly moving to the point where smart phone number $150 are the majority of shipments. everyone is focused on something this weekend we would like to show you a smart tennis racket. it counts four hands, backhands and serves to give that a coach that relies on sensors that detect string vibrations and movement. these answers in the base of the racket work with a smart phone to analyze the user's game.

they submitted directed to the international tennis federation for approval. if it passes you can see these at the four grand slam tournaments. doesn't make you better but tells you how bad you are or how good you are. tracy: or off line. all right. facing legal gunslingers, why online media gets the same protection as newspapers and broadcasters. the dow up 93 points and we are in new jersey. don't go anywhere.

ashley: welcome back to espn. twitter shared light on whether or not online snipers get the same first amendment protection

as the old guard media. dennis kneale, a the irascible filmmaker quentin tarantino. dennis: at the center of these two losses. clinton tarantino filing a lawsuit yesterday against the gawker web site after it posted a copy of a new script that leaked out last week. he went public last week with his outrage over it all weekend vowed to shelve the project for five years. his anger was aimed at the three actors he trusted with the new script. western title the hateful eight and named names, michael madsen was in reservoir dogs and another tarantino loyalists and bruce dern. they all showed it to their agents and tarantino finger the agency represents bruce stern which denied it of course as the mayor when whether tarantino himself might have leaked the script unwittingly but now he turned on gawker results after the website thought would be hilarious to post the entire contents of the forbidden script

for the rest of us to see so he sued and if he filed a suit against the new york times the case might have been laughed out of court. what is the story about courtney love? courtney love wins a jury verdict in a libel lawsuit filed against her for some tweets ost attorney five years ago. felt betrayed by the lawyer in a fighá

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liz: the bitcoin bus. the virtual currency take a hit just as it was starting to win some supporters? we have a couple of guests who lift the veil of secrecy of bitcoin. profiting from the polar vortex. what about good old-fashioned snowplows? we catch up with the ceo who doesn't mind being left out in the cold. and speaking of the big chill, it is warming the hearts of some hard-core super bowl fans. and it all has to do with ticket prices. "countdown to the closing bell" starts right now.

liz: good afternoon, everybody, i am liz claman. it is the last hour of trading. from bitcoin bust the bitter disappointment for all you apple shareholders, we have it for you. these numbers you see, as good as they are, below the session. we have not been able to say we are across the board moving to the upside for quite some time now, but what propelled us? we have got consumer confidence higher. up from 77.5 in december. consumers pretty much expressing a more optimistic view of the job market and overall business conditions. check this out and you will see the s&p 500 and the consumer confidence numbers appear to me are each other's moves over the past several years. it is a very interesting