you one of my 5 rit, i think, biassed will below upside, we'll watch fomc, thank you, thank you forevethank you for watching. lou: president obama seems to have settled into his rule by fiat, today mr. obama advanced his global warming agenda orders epa is create fuel regulations for big trucks. tonight, protests turning violence and deadly on streets of key aantigust demonstrator clashed with ukrainian police. the conflict between the ukrainian different and the demonstrators has reach a critical poin. it i point, is u.s. government negotiating with terrorists?

reports that negotiation are issue way for release of only remaining p.o.w. in afghanistan, taliban demanding release of a gay da guantanamo bay terrorist. >> tonight, president orders epa to develop new fuel efficiency standards for heavy duty trucks. mr. obama took a moment to brag about his recent actions. >> over the past 3 weeks i've required federal contract or to pay their employees a fair wage of at $10.10 an hour, i directed treasury secretary to crade my ira. we brought together business leaders who committed to help more unemployment americans fine

work. so poin is, i am eager to work with congress wherever i can. but whatever i can act on my own, to expand opportunity for more americans, i will do that. lou: what is unclear how this helping grow the middle class, white house admitting they had no idea how many employees federal contractors have earning the minimum wage, at the same time claiming they were helping quote hundreds of thousands of american workers without any evidence of the kind. we know this, only 2% of labor force, earnings minimum wage or less. and congressional budget office today reported that raising minimum wage for all americans to $10.10 an hour would kill job, not create them, the report reading, once fully implemented in second half of 2016, the $10.10 option would reduce total employment by about 500,000

workers. and we should point-out that the cbo acknowledged this an estimate, a rough one at best. joining us author, radio talk show host monica crowley, and michael goodwin, fox news contributors, it is great to have you here, monica, i mean the idea, we have seen a flurry of communiques from various offices on capitol hill in particular. saying that cbo is out of its mind on this estimate that ruffled a few feathers. >> yeah, the democrats loved the cbo . they love the then now not so much, now they are papering everyone with condemnations, this latest report on minimum wage comes on heels of last

report two weeks ago saying that obamacare would cost 2.5 million jobs, so it all ties into this same general policy. lou: michael, this administration committed to this rule by fiat now, other presidents have used, some of them, executive action and orders. but there is a declaration on this president he means to go around congress with these orders and acts that sets him aport from previous presidents. where are we headed? >> i'm struck by president same i'm eager to work with congress when i can, meaning, when they do what i want, this is the greatist failure i believe of the obama presidency, the policies are rotten, but his refusal to even negotiate with things he cannot get. if he -- either my way or the highway on everything, he is now

actively looking for areas that he can use executive order. some of these things may be thrown out by courts, but in the meantime we're now passing througg to a new presidency, where acting as though congress really is not there. if the president does not want it to be there. this is something that will come back to haunt democrats. lou: and this future is approaching as midterm election year. the sides are pretty well delineated. i don't see after the retreat by both parties, a clear plan coming from either democrats on how to rebut their failure with obamacare or republicans with how to deal with a forward strategy, about what they stand are. to you? >> no, i agree, i don't think you are seeing any anticipated

strategy on -- articulated strategy on both sides. they don't -- they are grappling with how to handle it. they don't really know how, on other hand, republican have put all their eggs in the obama care basket, which might be dangerous, because if media starts running stories about of people benefitting from obamacare, this is working, then the republicans will find themselves in a real fix. >> i think a lot of what president's strategy is to change the conversation away from obamacare, to talk about anything else, a lot of these presidential orders, they fit into his orders, he looks to them so he does not have talk about obamacare, it look like he doing something for somebody as opposed to obama, which is doing things to people. lou: you know, kerry is the most

confounding character in the obama administration, he leaves the big obama pit to asia then talks about global warming as a vo volcano is interrupting his travel plans. it can be coming a farce? >>y though? i thought that the indonesians were police to him after that. he is scolding the russians, they are doubling down with assad ask syrians, and scolding syrians assad for not resigning he wags his finger, and long face. just. lou: scolding seems to be the job requirement. >> he is plows in and out of middle east. and out of asia, the problem circumstance you are right, that -- problem is, he is pointings finger but no one is listening

to this commander in chief, they don't fear or respect him. lou: he is done, he is a true lame duck. don't you agree? >> i do, and if kerry is so fool's errand we should talk about the fool who sent him on this errand. these are obama's policies, this is obama on the international stagee whatever john kerry is doing is just sort of dancing to the song of the puppet. lou: i said john kerry was confounding, not a fool but just confounded to what in the world? i am trying to assess what she trying to achieve. we thank you both. >> thank you, lou. lou: monica crowley, mike add goodwin. >> the obama administration may be changing positive policy on syria quickly, peace talks remain deadlocked. two weeks ago spokeswoman said this. >> we have never taken the

option as it relates to syria off the table. but what we're pursuing now is the diplomatic path on removal of chemical weapons and geneva conference process. lou: during they surprise visit in tunisia today, secretary of state kerry said this. >> let me emphasis, there is no military solution. we all agree on that, you have to continue to pursue a littl political path if you are going to find a way to solve the problem. tough as it is. lou: see what i mean, about confounding? desm >> a secret means reportedly took place, in washington it discus how to ship more arms to syrian opposition.

>> the united states still trying to resume talks with the taliban to negotiate the release of army sergeant bo bergdahl. only american solder in captivity according to u.s. official say swap would launch derg dol bergdahl for 5 tal bega5 taliban members in guantanamo bay. >> now you are looking at ukraine. 18 people killed as protesters clashed with riot police. on edge of kiev independent square. and u.s. officials say that last year's iranian hack of a u.s. navy computer network, was more extensive than believed. hackers stuck around during the

months of september. october, november, and december. before they were somehow scared off. we're in a lot of trouble. we're coming right back. >> a dop secret meeting of so call friends of syria has concluded, diplomacy may be at an end,men. k tmcfarland is joining me here next. there's this kid.

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which will cause me to miss the end of the game. the x1 entertainment operating system lets your watch live tv anywhere. can i watch it in butterfly valley? sure. can i watch it in glimmering lake? yep. here, too. what about the dark castle? you call that defense?! come on! [ female announcer ] watch live tv anywhere. the x1 entertainment operating system, only from xfinity. lou: we're going to talk to k t mcfarlane about end of monroe stock rent in a moment could but first wall street stock finished mick, dow down 25, s&p up 2, nazdaq up 29.

drugmaker act va is buying forest labs, carl icahn cheering, one of the biggest beneficiariee with a 11% stake in forest. companyby huge the game canny crush, king digital filing for an ipo. target data breach costing banks and credit unions estimateds there are to00 million in card replacements. -- $200 million in card replacements. >> diplomatic effort to off the -- out of assad has failed. who would have guessed? my next guest, k t mcfarland. there is no surprise in these

failures in those talks, where do they go. >> here? >> we're not in the driver's seat, who knows. that is up to russia, iran and assad. syria, we have gotten ourselves in this position, where iran and nuclear talk or syria red line, and chemical weapons, and ukraine or in venezuela. we are no locker in the driver's -- year no longer in the driver's seat, we have given away every leverage we have, if you don't have leverage, you are not negotiating, you are begging. lou: comparing what happened to this administration's foreign policy, there is no successes any more, you look at prospect. of the ayatollah khamenei saying, it is not happening, there is no evidence of any advance in those talks, there is

an asian pivot, and john kerry starts talking about global warming, it is hard to make sense of this. then in our own hemisphere, benghazi, brazil -- venezuela, brazil, argentina, and our secretary of state against announcing to organization of american states in november, that monroe doctrine is dead as far as this administration is concerned, what sense do you make of this? >> no sense, i find, you know at first i thought justin competence they are new, no, i think we have gotten to poin where all foreign policy successes of both political parties whether nixon and kiss injee kissinger opening to east, and china, carter, reagan, all of those achievements, seemed to be tossed away by this one administration that flips from crisis to crisis, with no

answers, so they flit to the next crisis, the take aaay from this leading from behind, has meant we're not leading anything, we're now the really buffetted about by the winds of change, that we're no longer in charge of. lou: does the idea of ending monroe doctrine, make any sense what so of sneer. > -- so ever. >> i worked for president reagan, we had a little war, to talk about month crow doctrine, said no other great power is coming to our hemisphere, now, we have cuban missile crisis, and grenada over that, we spent a large amount of energy, political parties over there was 200 years to make sure that united states was sovereign in this hemisphere, now have you secretary kerry, and president saying that oes not matter any more. really not important to us. lou: you know, i think all of us

as schoolkids learned about the monroe doctrine. and i think it is interesting that national mi media did not give that story that statement by secretary of state much coverage, hardly any, and you wonder about why. you wond irwhy the republicans have that the addressed it, it does not mean that republicans agree with this. lou: >> i think that -- one thing that shaping now with republican party, people are talking about civil war, republican party having over immigration taxes, i think there is another civil war that republicans party, they are not sure where they want to be on foreign policy, on one hand you don't want to be with dodge obama administration is, but on other hand, the two wars, they are discredited. people say we want to pullback home, we'll -- that is unrealistic. so repubbican party i think ha not come up with a respond, because there is no one single

unifieding principle. lou: it is more complex than a civil war to which most commentators, assigned what is going on in republican party, this is a divergence of view, and values, between conservatives, and the chamber of commerce. first time there is an acknowledgment that businesses not going to hold sway over the republican party, there are a group of strong, intellectuals, that are saying issue we have a nation here, who is destiny we to achieve. and there has to be a national interest not a u.s. multinational interest, there has to be a interest in a middle class. in preserving the american dream, in some ways the conservatives and republican party, are far more poll plus than -- pap hous populous than

the left. >> that is why your book is so important, you are one of the only people who hazard tic has -- articulated what it means to support the middle class, you talk about starting from nothing, and hard work, and delayed gratification, and values that make america great, an individual can make something of his sim, as a result of nation is something again that a debate that missing in republican party. substance of debate, and foreign policy, economy policy, particularly the values. lou: and values, are critically important. i'm not talking about wedge issues but fundamental values of this nation that have guided to us our -- where we are today, it has been a hick of a journey. we make certain we continue it. >> you don't throw that away. >> thank you. lou: thank you. up next, hhs secretary kathleen

sebelius ignoring a recent congressional budget was on the report on obamacare. you will not believe this, she wanted to avoid the facts. i know it impossible to think it might have happened by any member of that administration, we assure you, that is what occurred, evidence here next.

lou: the obama administration choosing to ignore comal budget was on report, demonstrating that obbmacare will cost equivalent of 2. f 5 million jobs over the next decade. listen to health and human service secretary kathleen sebelius. >> there is no evidence and every economists will tell you, there is any jobless, related to the affordable care act, i know that a possible myth that continues to be repeated, it is not accurate. lou: joining us now, senior fellow at manhattan institute.

great to have you here, what do you make of a hhs secretary who said such things? >> the opposite of what she said is true, all economists agree that obamacare is reducing employment in certain areas, for example the fact that ittraises taxes by $1.2 trillion over 10 years that cuts down on labor force and jobs. er mandate cuts down on -- employer mandate cuts down on jobs, people are oping out of the workforce. lou: have to to say, i think that congressional budget office reasserted their inttgrity. >> they perform a performance service by being a referee, there are always deficiencies

and inadequacies. inadequacies. lou: luckily not for the rest of us. they have reasserted themselves. i watched you know, try to reassert that. i want to give him great credit for it. well, as we look at obamacare, it a disincentive for work. there should be understanding of view on that but there not. >> that has been most surprising element in this not that the cbo said there would be a depression of labor force, but obama administration has been saying that is an achievement to be celebrated rather than a problem to be mitigated. most people would say, no, have

said, no this not good, this a problem, we want universal at health care but we have to take care it does not depress the labor force, but obama administration, i don't know if it is political spin or ideology or both. lou: maybe fear in this midterm election year? >> it could be both. there is an ideal crew that does not matter if people work. >> we're headed to a accounting, but that has been said, literally for decades over $17.2 trillion in national debt, that is the same size at our economy now. and people have to understand. there will be consequences, but the problem for republicans, they always harp on debt, always harp on entitle.

ams, team important them off it will be same result,. >> there is a solution, wha slug solution is to leapfrog the left, showing that conservative and republican policies will do more for low know come people, do more for people at bottom of ladder working their way up. that is what republicans have not been doing. lou: i think that the democrats have done a good job of taking care of the poor in this count country. a long with help from republicans. but they have. but i don't understand why republiccns refuse to look to the needs and issues of the middle class, working men we're watching conservatives, push back against the chamber of commerce, the back of the hand to business round table. this stuff is over, we're going to see a true divergence here, and republican party has to find

out if it wants people in the tent who work, and sweat. and build this country of day. that is the middle class that is working people. small business people. >> single greatest inren shi inventtion that our crewed poverty is capitalism, -- that curered poverty is capitalism they have to make that connecte. our ideas will be one that help you the most. most. lou: democrats don't go to elections to say to a bunch of folks, you know what we really believe in redistribution, and we are going to build the greatest entitlement system ever. >> they don't use those terms. lou: right, they connection. you are going to have a benefit

program. >> republicans are not good about talking about things in that concrete way. lou: republicans, let's change the language, they are great at connections with working men and women in middle class, how about that. thank you. >> thank you. lou: a crackdown in china on world's oldest profession, that could cripple a cornerstone of the chinese economy. believe it or not, that and much more ahead. stay with us, we're coming right back. >> president obama using his pen and phone to rule by fiat. attorneys lis wiehl, and mercedes call nguyen next. that wothat's correct.a rate.

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lou: former congressman has been arrested in zimbabwe for allegely possessing pornography and violating immigration laws, democrat mel reynolds of illinois, high lost his seat almost two decades ago. he was then convicted of stater to rape, later, financial and campaign fraud, former president clinton commuted his sentence in 2001. with two year remaining. >> interestingly when reynolds resigned from congress it gave a political opening to one barack obama. because an illinois state senator ran for reynold's seat. the year of action rolling on for president obama issuing a economyive action this time on fuel and emic e-- imission standards we're joined by our

attorneys, fox news legal analysts, ferocious. >> great to be here. lou: our fox news poll shows that by a large majority, that americans hate it, this rule by fiat, by decree or whatever you would like to call it, how is this legal? >> it legal because article ii did you not give expect power but it allow president to have executive order, but there are three branches of government, that our checks and balances, when the economitiv theic the executive branch starts to make law you encroach on legislative branch of government that is why u.s. voters are offended. we have the structure, for a reason. lou: you mentioned article ii,

second three reid reads president shall take care that laws be faith fully executed. >> they can take the word executed. and get executive order out of that. lou: are you kidding me? >> we are lawyers, we spin for a living. lou: i admire you so much to do that. almost like carnivals that came to town. >> thank you, but here a problem. by time that gets through to court. it is an executive order that may be so overreaching, it takes years to get in front of supreme court, last decision was in 1950s, look, we're going to have all sa sawmills under legislative order, supreme court

said you cannot do that that is how long is took. how the process takes so long to get through supreme court. lou: this is so screwed up, this is a president who said, you know, been signing executive orders and actions, but the things that gives me concern, is he said the reason he was doing it, was to go around congress. he didn't say he was doing it because of this historical pro precedent or necessary or within parameters of previous presidents issue he said it to defy, and avoid engagement with the congress, which is envisioned by that constution. >> you are right, his platform in 2008, repeated again since 2012, i'm not going to be like former president bush and create

executive orders, you can rely on me on up hold the co the constution, he has signed 170 executive orders and counting. >> to be fair, bush with 291, clinton 364. >> but he has not finished his term, at int of 8 years. lou: here is the thing, i'' curious, how many did george washington sign? >> i don't know. >> thomas jefferson. because it became common place, and in the urgent years of the great depression, and world war ii, i can understand some.

that but this is a different time. >> that is what irked people so much about what president obama did, it was not those urgent circumstances, it was, i have the pen, i have the power of the pen, i have the power of the phone, that irked some because it is wait aminute, you are threatening us something that is not in the constution, you are threatening with the power of the pen. >> that i think is what -- >> to say it deliberately to circumvent congress, it is flying in the face of the three branches of government. lou: congress can they do anything? >> they can see he abused his discretion, but it will be a problem. you have to bring someone a voter, coming forward say there has been -- been -- >> i have been abused by this somehow. with the nsa thing, a class action. that could say i've been abused and hurt. lou: the supreme court itself?

could they not say? >> it has not been drought to them. lou: they can't reach out it has to be brought to them. >> it goes through a process. >> back to three branches of government. lou: we have a passive supreme court, thank god we don't worry about activist judges, and justices, and congrrss that is bemuddled. >> mccain has said about this particular executive order, perhaps he can start the movement. >> you said it right, starting the movement. it will take time. lou: i think best thing is to win a few elections. >> change it up a bit. lou: mercedes, thank you lease there thank you. >> chinese government widening a major crackdown on prostitution, arresting more than a,000 people over the last few days. chinese police have their work

cut out. experts say that prostitution in china accounts for as much as 8% of that country's economy. and that prostitution is in words of one, a cornerstone of the chinese economy. up next, number one and number two cable companies in the nation, may merge, sparks fears of monopoly. >> and a big anniversary for "sports illustrated" infamous swimsuit issue. what does this have to do with sports? we'll find out next.

lou: the $45 billion proposed merger time time warner and

comcast. here to tell us whether deal with get done, david. great to have you with us. i think that the idea, i love what brian robbers, ceo of comcast said. when talking about hurdles, it pro competitive. which i sort of of took me pack, i thought, i remembered how smart brian roberts is. what are your thoughts? >> lou, thank. i don't think there is a chance this merger will happen, i think that fcc and department of the justice will realize that merger is a bad deal for consumers, they will go to court to block the deal. lou: you think that obama justice department will go to court to block it, can i just put forward a new considerations for you. among them, fact that comcast, ceo, brian roberts, is a

supporter of barack obama. the chief lobbyist for comcast raised over a million for the obama campaign. i mean there are close ties, let's say good feelings between comcast, and obama white house, you don't think that will extend to obama justice department. >> i don't think so, antitrust is not a political sport. political correction, rarely if ever get interject themselves into antitrust matters, these officials know how to call balls and strikes fairly, it is clear based on evidence that past mergers have led to higher prices, these people, comcast cannot make assure as or promises of lower prices, this deal is bad for consumers, it will be challenged. lou: what about other companies? providers, including netflix or

amazon? who are competing through streaming with the cable companies, are they part of the equation as well? >> they are, lou, that is why the deal has to be blocked. comcast, who the deal will become the king of castle, it will be able to deny access to those firms that challenge its cable monopoly, that is a vital form of competition to be protected. lou: and let me ask you, why have we seen such a concentration, in industry after industry, we have 30 seconds left, where a series of administrations seems un-american in teddy roosevelt since? there that have to be turned around, obama antitrust division is turning that with more aggressive antitrust enforcement. i call them the seattle seahawks of antitrust. they are getting tougher, they need to be. lou: thigh got a fan in you

david. -- they got a fan in you david. >> thank you lou. lou: david battla. >> "sports illustrated" marking 50th anniversary of its iconic swimsuit edition, with a companion web site launch today, we're investigating what it has to to with sports, but we'll let you know as soon as we find out, it has a lot to do with money, more than a billion dollars associated with this one issue. as i say, we're still trying to figure out how it works. >> up next, my commentary of how soaring costs of higher education are so bad they influence negatively our housing market be. we tie it together, we'll also have your thoughts and comments ahead. listen to my financial report three times a day on sal salem

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lou: we americans can be real hoots, sometimes we me and are through a mental thicket before we can see what should below obvious, a number of us have gotten excited about a fall off in first time homebuyers. and down turn in formation of new households, then we discover that rising student loan debt has become so large, such a

burden on backs of our college students and their families, that is one of major factors in preventing many of first time buyers from buying homes. now we're awakening to latest. least reported on inflation bubbles in our economy, middle class parents nd their kids foot the bills, helped out by our federal government, and state kick in. so just how much debt are we talking about? how much debt can a bunch of college kids run-up? turns out it is a massive amount. 7 in 10 graduates leave college owing on studen loan, each walk out saddled with $30 tow30,000 a piece in debt, school loans total $1.2 trillion worth of

debt. as of last year, student loans are biggest category of consumer detroit afteconume debt, after mortgages, we just keep borrowing. higher education costs have soared therein 65% over that time disploo hav. have soared 165 percent, it time to rein in this spiral of higher education cost. greater government lending, and larger debt on the backs of our middle class, and their children. it means we have to acknowledge it is time to en the government support of higher educational cost which create greater burdens for next generation of college graduates. we have focus on those issues now. here are a few of top comments

from our viewers, john tweeted boo secretary kerry statement on global warmerring, might want to focus on iran and syria, middle east is about to glow in the dark. climate? really? steven in oregon. >> i have no doubt when end of march arrives there are an insufficient number of obamacare enrollies, president obama will move the enroll a enrollment date, and peter tweeted us aaout obamacare, is the administration moving us to a single payer system, as answer to a problem they created? a few people think so, e-mail he at loudobbs.com. follow us on twitter, or facebook page. we're giving all of you who messages and posts and tweets

are read here, free copies my new book, "upheaval", keep those comments coming. >> that is it for us, we'll see you tomorrow night. good night from new york. why's that? uh, mark? get help! i have my reasons. look, you don't have to feel trapped with our raise your rated. ifur rate on this cd goes up, yours can too. oh that sounds nice. don't feel trapped with the ally raise your rate cd. ally bank. your money needs an ally.

♪ hold ntoyour i seatbelts and charles: this year is going to be a bumpy ride everyone. i am charles payne in for neil cavuto. imanmarcus were jarget nd a new report showing 91 major attacks have been reportede verse 43 days of this year. that's more than two per day. and it's not just big retailers that were talked about. medical offices, localanks thomas school diricts. transportation companies and ev nursing