the lawyer who taught lois lerner to stay quiet now wants to speak to congress. getting to the truth? don't hold your breath. washington post reports the new low for the president's approval rating. one reason why, adjusting for inflation men are making less than 40 years ago. pfizer why american tax polity 6 trillions of dollars over revers, and cheer up, your 401(k) has gone up 90% since the dark days of 2009. charles payne got it right and he is here. "varney and company" is about to begin. we know that you are hot on this story. the irs story. lerner's attorney sent a letter to house republicans asking for an opportunity to address the house in the next content vote.

here's an item from that letter saying holding her in contempt would not only be unfair and an american but flatly inconsistent with the fifth amendment as interpreted by the supreme court. representing several groups targeted by the irs, don't want to get tangled up in legalisms. our viewers want to know this is all about, if the lawyer addresses congress do we get closer to the truth? >> i don't think so. what the lawyer is trying to do is justify his legal advice to her which is to assert the fifth amendment but she did it in such a way that many believe she way of that because she proclaimed innocence, violated no rules, no regulations and then said i am taking the fifth amendment right against self-incrimination. there's a real question as to whether in fact we have a situation, lawyers justify legal

advice. and what they say, and give her immunity once they have testimony. >> republicans say to the lawyer know, we want a proper, we don't want your lawyer's statement, go away. should the republicans say that? will the republicans say it? >> they should say it exactly as you just said and that is safe enough with the theatrics. we want to have proper what the evidence is. and i think it is in her best interest to do it as well to avoid a possible criminal not just criminal contempt the criminal violation for lying to congress. she made those statements and other statements to congress, she made statements to the department of justice. if we get this moving forward on like to see a way that she is granted a form of immunity with

what she will testify because i'm convinced based on litigation i am involved in against the irs that she was an important figure but not the highest ranking figure in the irs that was involved in that targeting and also not the highest one that initiated this and she had a lot of help. we need to have the irs commissioner and the chief counsel. stuart: are you privy to information which we don't have? do you know something we don't know that point the finger higher within the hierarchy of the bureaucracy and within the administration higher than lois lerner? >> not something i have the you don't have. we have it in a cumulative source. we have the time line of exactly what happened and the e-mails and memos going out from chief counsel's office of the irs to lois lerner from five deputy chief counsels, that has gone overlooked in the press, that is

a significant issue so when you look at the time line, the evidence coming in through these low document releases from the irs is painting a picture that shows a very significant scandals that was developed and developed internally at the irs, not engage in the low level but at the highest level so it is not so much that we have a new piece of evidence but we now put all the evidence in one format in chronological order and points tie up the chain. stuart: when you have no idea how steam to this audience is about what went down in that election campaign of the irs. you have no idea. this is something our viewers are hot on and they want people like you and the republicans to get to the bottom of and expose it fast. i am out of time. thank you for appearing with us at short notice. appreciate you being with us. dow industrials up 87 points, that puts them at 16536, that

means you are what? i am guessing 40 points away from the all-time high, the closing high. i call the store democratic luxury. they offer luxury items just within the price reach of the average middle american. sales were down 20%. that is bad news for democratic luxury. nicole: this is terrible news. there's hot and not hot and coach for some time, they face intense competition. north american numbers, the sales tumble, they are in the outlets, less traffic in stores, the new ceo came on in january with high hopes for the new line which will be released in september said that may be their only hope that the moment. in the meantime you see this stock down 8.5% and the sharp drop we have seen.

it is a new line in november but still the great storm. if you gave me a thousand dollars and said the pick out a few things i would have no problem finding some great things from the handbag division. stuart: do you know what was on the script which i did not read as i pitched to you? it was the question. would you say all those rich liberals are no longer buying fancy handbags? but i didn't say anything about it. that was very interesting. time is up. look at amazon. that thing had momentum going down. you could say it is stabilized around $9 a share, 294 right now. up 82 points, 16530.

listen to this. fidelity says the average 401(k) is up 92 points since the 2009 low. here is charles payne getting his word in edgewise for the first time. before 2 minutes and 55 seconds. stuart: when you have always said this. you always said you got to be fully invested. charles: you do but i understand why people are reluctant. that is a low of 2009, since 2000 we more or less have been sideways, up fractionally but this is a long-term thing. what i'm worried about is how many people sold into that and didn't get back in. i am talking literally $100 billion in mutual-funds and a lot more individual names. and then what bothers me is people getting in late, late last year, early this year a lot of them trying to to catch up, a lot got hurt and they don't buy the caterpillars, and the same predicament.

they took a big loss already. and diversified portfolio, and you have to have your emotional quotation. stuart: this is coming in now. the sec chair just said on capitol hill, there are hearings about this, the markets are not rid. people will stay on the sidelines. is that your opinion? the sec chair saying this high-frequency trading, the market is not a ridge above you're point, the use of the word will keep people out. charles: i got to tell you something there oswald lot of funky stuff that goes on. it is up $1 and the next day something, as they will get an upgrade or something happens they are included into an index, there are people out there with access to information others don't. at the end of the day if using general mills is a great company, that you love cheerios,

own the stock and caterpillar is a great company that owns the stock if you try to gain the big boys aged they were minute to minute you got to lose. stuart: got to ignore the unpopularity of wall street. stuart: wall street in lower manhattan and the market place where you go and try to find the best ideas. stuart: daryl hannah well known for her position against, she hates it, the keystone pipeline. listen to her on this program one year ago. the state department says those tie sands contribute 0.01%. >> crumble up and throw away. that is a piece of garbage. stuart: there'll hanna joins us in our next hour, she will be sitting right next to me on this at an hour from now. right now we are joined by congressman bill johnson of the energy and commerce committee. daryl hannah says the pipeline will create 35, 35 permanent jobs and the oil won't end up

with a us anyway. what do you say? >> she is very wrong. if you look at what the experts have said, even the labor organizations have said we are talking about thousands of jobs, both temporary jobs and permanent jobs in the long run but it is amazing to me someone like daryl hannah, who knows very little of what she's talking about would have such a loud voice on this issue. the president's former secretary of energ said the keystone pipeline would be a political decision, not a scientific one. this is politics at its mouth here. stuart: russia's vladimir putin. why don't we -- why don't we in america approve the export of liquefied natural gas? that would give us a great deal of leverage on energy over vladimir putin. >> absolutely. another example how our

president does not understand that having a strong domestic economy, strong domestic energy policy translates into leverage on the geopolitical scale internationally because we could reduce russia's revenue from exporting their liquid natural gas by getting into the market. we could reduce that by 30% and keep in mind that 50% of russia's tax base comes from the sale of oil and natural gas but to many of our friends and allies in western europe. stuart: the president obviously knows this coming knows that if we export big time to europe we get leverage over vladimir putin. he knows this, why does he keep denying -- is it 23 permits that are on the table at the moment for the export of liquefied natural gas that are being held up? the president knows what is going on. why does he hold it up?

>> i can only surmise that he is pandering to his environmental liberals on the left. stuart: that is not a huge chunk of voters come november, is it? >> i don't know what they are giving him or what they're doing to twist his arm but i talked to the secretary about this twice, secretary money is has committed to expeditiously moving these export permits forward. she and i have a very different definition of expeditiously because they are not moving at all and i am concerned about a potential deals that has been struck by the senate because the senator who is opposed of liquid natural gas exports is suddenly in favor of the administration's time line. and the department of energy,

and under the table deals have been struck here, we need to do what is right for america and our foreign policy. let's approve these export permits. stuart: congressman bill johnson of ohio, thank you for being with us. it seems we showed you one of these videos almost daily but couldn't resist sharing the latest. jeffrey at. what went scuba diver captured under water. these cameras go anywhere. go perot is watching now. we want a piece of the action when you go public this year. that is a free commercial. forget the pc, people a shifting to using smart phones, tablets, playing games like angry birds. those game developers make $1 million a day. somebody else who knows what he is talking about on this issue is next.

stuart: modest rally 16513, the price of gold backed away from 1300, we're 1298, pretty hot. check the price of oil at 104 ten days ago, 101 today, we're up about this morning, original content is how you get eyeballs on line these days so yahoo! is getting ready to offer two comedy series of its unmaking, they will be shown exclusively on its web site and mobile apps. yahoo! up 34, up 32% on that. netflix reaches the deal with verizon to improve the speed and quality of streaming content. netflix will have to pay for this. the market thinks that is okay. of 2 points, netflix 317. and we have apple. very quietly announcing an upgrade to its line of laptops, these new models have faster processors and will cost $100 less than current models.

they're on sale on apple's web site. no fanfare, no big launch event. as you expect it was a new iphone or ipad. required tuesday morning press release is all it was. i say that is a sign of the times that the pc is dying. apple knows it. just not worth the effort to launch a lavish launch party. charles: pc is dying. we all know that but last year the tablet raced ahead of laptops so when you talk about connected devices tablets were 14.6% to laptops 11.6. this will only increase over the next few years but i will say there is some scuttlebutt that one reason they were low key about this to come out with another laptop that will have a touch screen all the bells and whistles so right now is nothing. if they can add some features, it is all about tablets and smart phones going on now. stuart: the leading i understand is pc is dying and microsoft's underlying business is dying with it. charles: doing pretty good,

making the transition. stuart: why do you recommend some? here i was painfully looking at microsoft for 26, 27, you were condemning me for buying and now -- charles: i admire the fact you held it, you should of years what it is about to be an investor and the rewards of being patient. stuart: flattery. thank you very much indeed. we have patrick work with us, founder of an spoken tales. this company develops games for tablets and smart phones, not laptops, not pcs. have i got that right? you develop games for laptops and smart phones. that is you, right? >> that is us. good morning. we are in the process of developing our first game which will be available on android and laptops. stuart: i am told that some of these games on laptops and smart phones, they can bring in

$1 million a day and they are relatively cheap to produce. is that accurate? >> that is accurate. if you look at the top selling top-selling titles today on android light can be crushed or clash of clans or age of wars you have games that are making hundreds of thousands and in some limited cases over $1 million a day in revenue. stuart: they are much cheaper to produce, angry birds, that kind of thing, much cheaper to put in front of me basically. there is need to. much cheaper. >> yes. if you compare the average cost of the making high quality game on at tablet, compared that to the next generation game on x box high-quality game on a tablet will cost you 5, 6, $7 million. you can trash that to a game and x box 1 or p s 4 which could renew 40, 50, $60 million and that is before your marketing or distribution costs so there's a big disparity.

stuart: i am struggling to understand the gaming market. i know it is absolutely huge, very important financially but i'm trying to get to grips with the idea the x box came council, you put a game on that platform and it is going to cost you millions of dollars to create its and no guarantee of success. on your side of the fence making games for tablets and smart phones that is rapidly expanding market and much cheaper to put something in front of me. that is what i want everyone to understand. there is a huge shift in the market and you are one of those people who is shifting it. >> absolutely correct. you know for me i think one of the best lessons learned is i look at my kids. i have a 7-year-old and a 3-year-old, i have a x box at home with a dozen games, at 80 odd figurines i have spent time and money purchasing for my son. in every uses it. he is constantly either on my ipad or his next 7 and that is the center of his universe for

gaming so when you compare a couple trends in the industry, the soaring cost of games on consoles and the soaring popularity of tablets and the comparative cheap price debt that they are asked and ferret you compare direction of the where the market is going to, it paints a good picture for the tablet market. if you look at the absolute numbers for example last year alone according to gardner we saw almost 200 million tablets sold globally which is on average over half a million tablets every single day. compare that to the most popular selling council of all time which sold over 1 million units in six years. stuart: that tells a story. that really is fascinating. your kids play these games on a tablet. my grandchildren play. that is the difference between us. >> in some cases together because you are enjoying the

experience socially so people -- my kids might be playing on a tablet against your grandkids in a different scene, different state. it is becoming a very social gaming experience which is ultimately eat the more most fun way to play a game. stuart: thank you for being with us. people in the older generation explain is as to how this stuff will work can you are good at this. come again and see us. french socialist, use of your not too happy with him. your reaction from face book and twitter next. he is a socialist. banging the democrats drum about inequality. he thinks the solution is a 60% tax on income of $200,000.80% on $500,000 and a wealth tax on top of that. just as the left flounders in the wake of obamacare and a shrinking middle class along comes their savior. if i told you that a free ten-second test

could mean less waiting for things like security backups and file downloads you'd take that test, right? well, what are you waiting for? you could literally be done with the test by now. now you could have done it twice. this is awkward. check your speed. see how fast your internet can be. switch now and add voice and tv for $34.90. comcast business built for business. >> my message to michele, you screwed up france, now leave us alone. stuart: more people are waking up to these liberal tendencies to want to tax the rich. that is not the solution.

to impose more regulation. that is not the solution. i don't think people are buying the socialist rhetoric even from a frenchman. stuart: that was herman cain reacting to my take on the socialist dialing of the left. here's what you had to say. socialism is a great idea until you run out of other people's money. that is direct from margaret thatcher and you know that. steve and the socialist philosophy of one of thievery, taking another's property under threat of violence is robbery. david, i am listening to you, he says i know stuart varney is against socialism for the poor but his the also against it for the was for war against the bailout? i will give you a john kerry response. i was for it in the beginning and now i oppose it. many interesting viewpoint on

our social media pages. we value them all. some very intelligent people chiming in on our social media pages. at&t is launching an in-flight internet service. texting, e-mails during the flight and internet based calls. you want that? they are promising faster speed starting next year. that may be good news for at&t stocks. it is up. bad news for the current leader in in-flight internet service. go go is down $4. talking about a sell-off. i can't even read that. 22% sell-off. thank you. you are not in that, are you? charles: i have a few things to do before this is over. stuart: general dynamics and its subcontractors won a contract, $17 billion with the navy, they are going to build ten nuclear submarines.

lerner's lawyer wants to talk to congress directly, to address congress. don't expect to get closer to the truth. watch out. the judge on that is next. >> i have not done anything wrong. i have not broken any laws. i have not violated any irs rules for regulations and i have not provided false information to this or any other congressional committee.

stuart: look at this. a decent rally. 16534. now look at 3d systems. that company says it expects to make most of its money this year in the second half. charles, you liked it in the past, is down 7% today do you like it now? charles: it is oversold and there is overreaction. i do like it but i would not tell anyone to pull the trigger on it. any company not making money under pressure, i am concerned about operating expenses, they were up 100%. they're waiting to digester

recent acquisition and raise guidance later. they should understand we talk about it as a consumer play, go to staples and you buy one. that is the smallest part of the business. i love what is going on the bigger side the manufacturing and things like that. stuart: we have a 3d printer on the show in about 40 minutes. a 3d printer, very small one. $299. stuart: these small names came out, 3d is done. and a bigger manufacturing practices, it is not their core business. stuart: go through this fast. already biogen. charles: this is where i had a week ago. the biotech sell-off, i got to tell you, this should be on

everyone's 401(k), there are kings of multiple sclerosis, a new drug applications, six drugs in phase 3, missed earnings by a small amount, and this year and next year's earnings estimates. this is a three $60 stock. is a juggernaut. stuart: that is fast. that you were fast because the judge is here. there is this. back to the irs and lois lerner's attorney, the letter to house republicans asking an opportunity to address the house ahead of the next contempt vote. recalls that the, quote, and american, and fair. all rise judge andrew napolitano. you can ask a question about t.a.r.p. momentarily. diane dagen: thank to do so. stuart: okay. the lawyer says 1-2 address congress directly. does that get us closer to the

truth? judge napolitano: no it doesn't. directing congress, members of congress will be there, physically there and direct congress directly by writing the letter which presumes they will read the letter. two very big presumptions. part of his beef, i will speculate here, and make a preliminary statement, where she said i didn't break the law, followed irs regulations, i am not going to answer any questions, it is the statement on top of i am not going to answer any questions, the hook on which the house committee will hang its hat saying she waved her fifth amendment right because she volunteered an answer for the persistent refusal to answer is contemptuous. that is a very debatable point of law.

general denial is nothing. she steadfastly refused to answer. you can't force an answer. they will say anything, no matter how small. on top of general denial is a waiver. it has become a side show. stuart: we are no closer to finding out what lois lerner nose. >> i would give the same advice your earlier guest gave. a good friend, fine lawyer. give her immunity for against her will. she then -- cannot be prosecuted and she has no fifth amendment right and she will answer or interview her off the record. see what information she would give if you gave her immunity. stuart: why doesn't -- judge napolitano: either they did that and didn't like what she told them, doesn't fit their scenario or the they want this side show because it is political and beneficial to them what we are talking about, politically beneficial to republicans. they succeeded demonizing her

and personified irs successes in this woman. stuart: you got 30 seconds left. judge napolitano: do you or do you not support government bailouts? in favor of them? senator varney? stuart: you just use the 40 seconds. i was in favor of the bailout of the banks and wall street in september of 2008 because i thought that was the right thing to do at that time. i do not agree with the extension of bailout to general motors to the housing industry and heaven knows who else and don't believe in the printing of money. judge napolitano: you are in favor of the moment but on favor of them. stuart: basically yes. judge napolitano: did i get him on that? stuart: you are also big on principal. why don't you just be practical for a while? judge napolitano: print when we need the don't print when we don't need, don't bail when we

don't need. margaret thatcher wouldn't go for us. stuart: i don't know about that. i have been told to wrap it up. ready to gavel down. after the break l.a. clippers owner donald sterling's racist comments. fallout continues. sponsors dropping out, players wanting kicked out of the nba. we talked to a former nba player, jonathan bender who is next. the interview you have all been waiting for, actress and environmentalist daryl hannah. she opposes the keystone pipeline, says it won't create many jobs. i will challenge her coming up top of the hour, got to be here.

>> to the tornadoes that barreled through the south 11 deaths have been reported out of alabama, mississippi and tennessee bringing the overall death toll to at least 28, tens of thousands of residents still without power in our backyard, kentucky, mississippi and meteorologists are warning the second round is expected today.

michael green, republican from staten island was indicted on fraud charges yesterday but he claims the case against him is baseless. the charges come from restaurant he's run before he ran for congress. former fbi agent accused of underreporting income from some of his workers so he can save on taxes. stay right there because former nba star jonathan bender weighs in on the clippers's donald sterling, that is next.

stuart: colorado spending money to figure out why health care is so expensive. . lauren with some details. >> colorado is proposing a bill, $400,000 that could form a commission of experts why health care in the state is so expensive under obamacare and access to health care has not improved since obamacare. if you ask me is in this like rearranging the chairs on the titanic? $400,000 to figure out what the problem is and what makes it worse than colorado is rich mountain regions, premiums have skyrocketed there but the people are mostly healthy, they are not using much health-care. premiums going up. stuart: maybe that is the reason. healthy people not signing up

sick people signing up, maybe that is one of the reasons. case the $400,000 to see if we are right. that is extraordinary. i got to go someplace else with buffalo wild wings. this is all over the place quite frequently. it is volatility i guess you could say. it is said today. >> buffalo wild wings of 5.5%, 454. and same-store sales growth, more company-owned stores, the fact that they have had lower chicken wings and attribute some of the gain to what we have seen recently, the winter olympics, basketball, the n.c.a.a. basketball to ornament, and those events of their numbers along and a lot of analysts are loving the outlook here for buffalo wild wings, they raise their outlook can even say that they are taking the lower side of the game, that their output could even be better

buffalo wild wings. stuart: i want to stay on the restaurant business so to speak. the burrito is going to cost you more if you go to chipotle. what is going on with this? nicole: talk about lower chicken wing prices like buffalo wild wings but jacoby mexican grill, we will see if they hike of the prices of state in particular which has been running up. the chief financial officer noting they may have to have a wider price gap for steak and chicken product whether it is the burrito or whatever. whatever you find is flavorful. whatever you like the best. stuart: thanks. l.a. clippers owner donald sterling, more pressure on him. more than a dozen sponsors decided to suspend their partnership with his team. the more notable names include state farm, kia, sprint, a fellow nba owner mark cuban, interesting comments about the situation. >> what donald said was wrong, there was no place for racism in

the nba. in the business i'm associated with i don't want to be associated with people who have that position. in terms of should we take him out to go outside the constitution? should we start taking steps to really condemn people for what they say and the privacy of their own home that happens to be recorded? that is a slippery slope but don't want to get on. stuart: should we take him out on the basis of all private recording? should we cannot? interesting question. there was -- a slippery slope. jonathan bender is a former nba star joining us from houston, frequent guest on this program and welcome guest, welcome back. good to see you. what do you make of this? right off the top what is your reaction to this? should this guy. the team? take off of him? what do you think? >> i am not surprised. i am from deep south

mississippi, i have seen it before. i am not going to be ignorant and think that is not all live on the highest level. as far as taking the team away from this guy that is another -- another category, another conversation. that i wouldn't know about because it is his personal property. he bought it. he happened to get caught with his hand in the cookie jar, and recorded as saying something that is racist. stuart: you are on the program a month or two ago. you are a successful guy in business outside of basketball, you started a medical device company. looking at you're talking points which might seem supplies me with. and racism within basketball, racism in your own experience pushed you to start your own company and be successful?

>> it is more about independency, pulling up your own bootstraps, and look at the past, the business in the past, talking racism, talking about cotton growers, african-americans out there picking cotton, look at it, a lot of guys getting paid major money, not getting any real power, real knowledge, real position. i was able to identify thanks to my god who live believe in and i was able to take these steps which were very hard steps, steps you have to sacrifice to learn how to get to to create my own situation. stuart: it was your own motivation. you got out there and did it

yourself. you created the company you now run. it was you, wasn't it? that you did it? >> had to come through an e. tiffany. i was looking at the team owner and a situation like okay, this is the business, my age, mother nature will not allow me to sit here and the progressive or fruitful pastor and sub-certain age. >> and inspiration to us all. i appreciate you being on this show to address a difficult issue and your own success. congratulations, hope you can come back and see us again soon. good stuff. check this out. 3d printer, 300 bucks, $2.99 just in time for christmas.

we have the company's president after the break. what does he think about this? >> that company makes machines, little figurines, jewelry. is a glorified play-doh factory. peace of mind is important when you're running a successful business. so we provide it services you can rely on. with centurylink as your trusted it partner, you'll experience reliable uptime for the network and services you depend on. multi-layered security solutions keep your information safe, and secure. and responsive dedicated support meets your needs, and eases your mind. centurylink. your link to what's next.

stuart: curious about a particular stock, tweet as using hash tag ask painless solar city again, because you asked about it, the audience asks. charles: last year i did this six times, four five on this show, did money 5-1/2 times. here is a blessing. you have a company with top line growth, absolutely mind-boggling, hasn't trickled down to the bottom line. in the meantime, earnings looked fantastic, they own 30% market share, look out all their competitors combined, they can't touch them. solar panels on a rooftop. stuart: they construct a man to make some. and electricity, cute business and profitable. 50 is on hard stock loss. stuart: get out of 50. it is under 50 there could be real panic. stuart: we have a bonafide nfl

star in the next hour. he caught passes from tom brady, peyton manning as well. who does he think is the better quarterback? he is joining us shortly. round 2 with darrel hannah is two minutes from now. we are talking pipeline. tie sans contribute 0.01%. >> crumbled up and throw away. that is a piece of garbage. stick with innovation.

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stuart: welcome to our second hour. we will pick up the case. she hates the pipeline. she was not happy with me the last time she was here. more evidence that the middle class is falling behind. surely, that is front and center in the elections. bret baier is here. into the scene's argument.

why would anyone order online for ingredients and recipes and then cook it all of battle? he played with peyton manning and tom brady. who is the best order back? my fears about internet access in the sky. taking some very ball fights this christmas to new zealand and australia. do not sit next to me with a cell phone, please. ♪ stuart: check the big board please. strong sales at the casino

operator. $24 for mgm. up 6% as of now. they offer nice products just in the price range of middle america. 20%. down goes the stock with it. goodyear tire. disappoints. nicole: the tire business was affected by the cold winter. they talked about the winter in north america. it is the biggest u.s. tire maker. maybe this move. today is a little bit overdone.

they expects operating income to grow between 10% and 15% in the year 2014. do not let these numbers be a complete indicator for their growth potential for the year. stuart: thank you. the dow is up about 90 points. president obama quietly announcing another delay to the keystone pipeline. that delayed almost universally condemned. actress and anti-pipeline activist making an appearance. i understand you are not too happy with me. >> well, no. i think it is important to have conversation. i do not think that the delay was a great move. this delay is not something that president obama had a choice

about. there was a constitutional procedure that needs to be followed that was not followed properly in nebraska. the pipeline should be rejected. stuart: numerous studies that have been done. stuart: numerous? what do you mean by a permanent job? >> once the pipeline has been put in.

every pipeline leaks. they already have 400 pairs. most likely china or india. this is not the tool will that is coming to america. it will replace heavy oil coming from venezuela. it is not the case.

if this oil is destined for am citizens, he would not and confirm. stuart: that is different. >> what i would like to do is replace fossil fuels. renewable energy which would give us actual reason and energy independence.

stuart: you cannot just snap your fingers. >> you cannot just instantly replace fossil fuels with renewable energy. you cannot do that. hundreds of billions of subsidies for the fossil fuel industry.

you end up with less than 1% of your electricity coming from solar power. don't you think that maybe it will take generations before we can rely solely? >> you think -- >> yes. just like in world war ii. making an effort to shift to domestic made energy that would give america real resilience and real energy dependence. let me point something out. stuart: seconds, months or years. what would it be? you keep interrupting me.

what is the timeframe for heaven sakes? if you put hundreds of billions of dollars right now into solar and wind, how long would it take before we can replace coal, oil, natural gas. how long? let me point out the fact, is this oil would go to if the nearest port, on the pacific coast, we would still have to be the highest bidder. no reason to compromise our aquifer.

when it is only going to endanger our life support system. not only for our food supply, but also for fresh drinking water. instantly start replacing. stuart: how long? answer the question. >> i cannot give you those numbers. we have only been a fossil fuel driven company for a little over a couple years. this is something we now realize is damaging our health and our planet's health. we have the technology.

we have the ability. stuart: check the big board. where are we now. let's move onto a totally different subject. can we do that? we like to bring you the latest in geewhiz technology. we have a 3d printer for you. i have to keep this real sure. you can make just about anything. we make a mold out of -- we have

made a bold and made chocolate and jewelry out of it in the past. you are aiming at the christmas market. they can do things they were never all able to do in the past. >> we sold over 3000 printers on the first day. the current market is about 50,000 printers a year.

we are really opening of the up the market to an entirely new segment. stuart: david jones, i am sorry it was cut so short there. president obama's approval rating hits a new low. it is all about his failed economic policies. stay right there. fox news brett baer is next. ♪ ♪

[ girl ] my mom, she makes underwater fans that are powered by the moon. ♪ she can print amazing things, right from her computer. [ whirring ] [ train whistle blows ] she makes trains that are friends with trees.

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stuart: right out of the commercial break. pope francis. tweaking out inequality is the root of social evil. all right, liz. the pope is discussing economic policy. number one, should he be doing that? mark zuckerberg does not stop somebody from creating a business. we have had socialistic experiments around the code. the worst income inequality --

when you talk about what fixes income inequality, that is something different. >> that is capitalism. do you think, do you believe that the pope skews left towards socialism? >> does he skew left towards socialism? stuart: does he? after that kim is a station of pope john paul ii. stuart: okay. there is a quote.

>> i have to move on to streaming. we say it all the time. it is king. we were on the upside. we are talking amazon. look at yahoo!. two comedies coming up next year. nearly 4% up for yahoo!. check out the latest washington post paul. the president's approval rating has dropped to 41%. the lowest of his presidency.

welcome to new york, the host of special report bret baier. >> thank you. good to be here. don: 41%. that is low. 71% view the economy negatively. internally, there is also concern about health care. the bottom line will be the pocketbook. in that kitchen sink will be healthcare. each of these families is likely dealing with some aspect on how

their changing. that falls into that, i think, kitchen sink we are talking about. stuart: how do you rate the democrats attempt to skew away from the economy, away from obamacare. how strong is that? >> a good track record in colorado now. his first ad out of the box is birth control patch. it is against his opponent. that just seems out of the norm for california. i think you will see that.

stuart: how do you rate the discourse? look at what is going on in washington. there are many issues where the parties are very close. the problem is, they get so close. stuart: you have the classic example today. pfizer is spending big bucks to buy a drug company. they are not coming back because of corporate taxes.

it is tie to a bigger tax reform package. democrats cannot fight for it. you have to get past this election. then we will deal with this big ticket item. the dynamic change is completely in d.c.

i think it is trending towards the republicans as they spread out the map. stuart: i am almost jealous. stuart: at&t is planning internet for air travel. my take on why it is a bad thing coming up next. ♪

really... so our business can be on at&t's network for $175 dollars a month? yup. all five of you for $175. our clients need a lot of attention. there's unlimited talk and text. we're working deals all day. you get 10 gigabytes of data to share. what about expansion potential? add a line anytime for 15 bucks a month. low dues... great terms... let's close. new at&t mobile share value plans. our best value plans ever for business. why relocating manufacturingpany to upstate new york? i tell people it's for the climate. the conditions in new york state are great for business. new york is ranked #2 in the nation for new private sector job creation. and now it's even better because they've introduced startup new york - dozens of tax-free zones

where businesses pay no taxes for ten years. you'll get a warm welcome in the new new york. see if your business qualifies at startupny.com [ chainsaw buzzing ] humans. sometimes, life trips us up. sometimes, we trip ourselves up. and although the mistakes may seem to just keep coming at you, so do the solutions. like multi-policy discounts from liberty mutual insurance.

save up to 10% just for combining your auto and home insurance. call liberty mutual insurance at... to speak with an insurance expert and ask about all the personalized savings available for when you get married, move into a new house, or add a car to your policy. personalized coverage and savings -- all the things humans need to make our world a little less imperfect. call... and ask about all the ways you could save. liberty mutual insurance -- responsibility. what's your policy? stuart: disappointing profit applicant. 52 week low hit earlier, now 28. down 4%.

buffalo wild wings, lower cost, strong profits, up it goes 5%. would you pay the ingredients to a meal to be sent to you from a website and you have to cook everything up yourself. would you do that? the company that does it is called plated. coming here in a couple of minutes. we also have the star wide receiver for the denver broncos. who is the best quarterback he has ever played with? manning or brady? he will tell you. this coming christmas i shall be taking some very long flights. i'm going to new zealand and australia. just as i book the flights, at&t announced plans to introduce internet service on planes. you know what that means? here's my take. texting, e-mailing, and not calling from the plane. can you imagine what that's going to mean on the very, very long flights i'm taking?

though it's unlikely the internet plan will be in place by the end of this year, i've got that, but in the future travelers will have to cope. i fly from new york to l.a., six hours. from l.a. to new zealand, 14 hours. then new zealand to australia, five hours. to singapore, eight hours. and then to new york, 16 hours nonstop, that is a lot of flyi flying, lot of watching people clicking away with messages about what they just had for dinner and insane internet calls i don't want to hear. and the flight attendants will be subjected to in-flight criticism. she didn't give me a second bag of peanuts. he snapped at me. i predict a nightmare for cabin crew's worldwide especially going through 15 time zones on a 16 hour nonstop flight. is there some upside? maybe. passengers on flight 370 might

have been able to get the word out, and the authorities could be alerted early to hijackings, maybe that is an upside. overall internet in the sky is a negative. i don't want anyone to intrude when i am on these long flights. it is one of the opportunities to avoid all human contact. no calls in, no messages out. tune out the world and get into a good book. the good old days. soon to be gone. i ys say be thman with the plan

but with less ergy, moodiness, i had to do something. i saw mdoctor. a blood test showed it was low testosterone, not age. we talked about axiron the onlynderarm low t treaent that can restore t vels to normal in about two weeks in most men. axiron is not for use in women or anyone younger than 18 or men with prostate or breast cancer. women, especlly those who are or who may become pregnant, and children should avoidt where axirons applied as unexpected signs of puberty in children or changes in body hair or incased acne in women may occur. report these symptoms to your doctor. tell your doctorbout all medical conditions and medications. serious side effects could include increased sk of prostate cancer, worsening prostate symptoms, decreased sperm count, ankle, feet or body swelling, enlarged or painful breasts, problems breathing while sleeping and blood clots in the legs. common side effects include skin redness or irritation where applied, increased red blood cell count, common side effects include skin redness headache, diarrhea, vomiting, and increase in psa. ask your doctor about axiron.

>> i am convinced in the litigation i'm involved in against the irs, she was an important figure but she is not the highest figure in the irs. she had a lot of help. stuart: the question is will we ever get to the truth of what lois lerner knows about the scandal. the attorney has asked if he can appear in front of house republicans to make a pitch of his own. elizabeth macdonald is with me. we ever get any closer to the truth? the lawyer want to say this is un-american. unfair.

>> citing joe mccarthy. erroneously the case he is using in his letter was about a worker at a government defense contractor. lois lerner once one of the most powerful government agencies. anywhere i would say in the world. it can't equate it, it is totally wrong. will be get any closer? the justice department was contacting lois lerner. the fcc was working with this issue. do we want transparency as it's often said? why invoke the fifth if you are apologizing? right? stuart: give it a talk. >> you wonder what that would mean for future prosecution. >>stuart: i want to know whether or not the president of the

united states use the irs. i want to know. >> they circle the wagon, thought they could get away with it because of the presidential elections and nobody will pay attention. this committee was the one that drilled down. if it didn't, we would not have heard about all of this. stuart: the dow industrials up a solid 108 points with 20 points away from the all-time record closing high for the dow industrials. look at twitter rallying today getting the earnings after the bell today, the market pushed up 4 and a half, nearly 5%. now this, fresh food ingredients delivered to your door with a recipe, selection of recipes. you have to cook everything up yourself, you have to cook. plated brings you the recipe and brings you the ingredients.

look at this, the man who founded plated, the company. i can't believe you're making a success of this. most americans don't cook. this arrives in this box, i am playing for it and you say you're making a success of it? >> is any of hundreds of thousands of these per month covering 90% of the country. we've raised about $8 billion in venture capital. hundreds of employees. what we have honed in i on his americans want to eat better and live better. food is one of the most integral parts of leading a better life. stuart: that is a nice sales

pitch. fresh ingredients. >> guaranteed. if your tomato looks at you the wrong way, full refund. this is chicken from one of our local providers di. you know the calories and ingredients. stuart: what dish came in this? >> we had a roast chicken. fantastic middle eastern spice sprinkled on top of anything and you have magic in the kitchen. stuart: $12 on my doorstep bright and early? >> come to the website, plated.com, send in recipes every week and we send it to you. >> you're finding americans want to cook. >> they do. they want the convenience, the

affordability, fantastic food. it is time consuming, expensive wasteful. you know how much food you throw away from your fridge every week. stuart: i am frugal to the extreme. you have hundreds of thousands going out every month? so you are doing a million a year at least? >> we are not raising revenue numbers publicly but we are doing good revenue. our investors are very happy. stuart: over a year, you have to be looking at 30 million gross revenues, you've got to be. >> things are good. we are totally private. stuart: when are you going public? >> focused on growth. stuart: if i were to offer you $100 million, i gave you $100 million for your stake in this action, would you take it today? >> i put it back in the business. you can have.

>> would you take it? >> i would put it right back into the business. stuart: i take your entire stake in the company. >> i would not do that. stuart: yes, you would be at we appreciate you for being here. i give you a hard time, but i gave you a commercial. pfizer looking to park part of this company overseas? make no mistake, this is all about taxes. the real halftime report on that coming up next. [ male announcer ] what if a small company

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you can see they are up almost 4%. netflix reached a deal with verizon to increase the speed and quality. general dynamics and subcontractor have won and navy contract to build 10 navy submarines. shares looking at both of them right now, both with up arrows. we have the real halftime report up next.

stuart: here we go, the halftime report, the real halftime report from chicago, the exchange, dallas and right here. first up, fidelity says average 401(k) is up 92% since the lowest 2009. people are still missing out on this market, aren't they? >> why don't we do a little analysis of public sector pensions. how about city of chicago, state of illinois. how many times we hear about the underfunded liability plans in the public sector? you have stock market returns doing what they are doing. maybe the answer is less public sector and more private sector for these investments. stuart: i knew i liked you, good stuff. >> i agree completely. you don't have investment performance, you have investor performance. lot of the individual investors

are missing out on hi this great returns because it missing out because they have access to their money. they go to cash or they go to my market of some kind, a bond fund. this killing a lot of the returns. i don't believe those numbers. those funds may be up that much, but many investors are missing out on that, stuart. stuart: the president's approval rating a new low. is that about the economy? >> that really dropped down. coming a into the midterm elections, stuart, you're going to hear a lot about the economic inequality. stuart: what do you say on this? >> i say it truthfully does not matter. the president doesn't care about

his approval rating. republican leadership is going to manage to botch this up like to have done before. the republicans may in fact snatch defeat from the jaws of victory on this one. the midterm elections and the next presidential race. they're moving a bit off the reservation and have to get back to their main focus. stuart: big u.s. companies avoid big taxes by keeping money overseas. pfizer and apple the latest example. they are not alone. >> we already reported a spike on the number of companies moving their headquarters overseas. who thought the uk was a tax haven. that is where pfizer will have a holding company. the cheapest form of stimulus is bringing the corporate cash back home, and how do you do that? you have to stop the taxation of it or lower it.

moving to the headquarters overseas. even chiquita brands. stuart: toyota is moving the core operations out of california going to texas and taxes are the region. you live in texas. go, make the point. >> toyota is moving. they're moving their headquarters 1 mile from my home, and the reason they are doing that because texas is beautiful where we have beautiful beaches and mountains, we don't have any of that. we have no state income tax and the other taxes through the bloodstream of the economy of california, new york. cost-of-living increases low, state income tax is zero and that is why those companies are coming here. todd is going to build one million-square-foot facility here.

$142 million over 10 years, and they are doing it because there is no state income tax, and we are welcoming them. stuart: i bet you are. at&t is launching in-flight service. investors don't like it, the leading in-flight providers at the moment. >> when you're getting internet or some sort of connectivity with wi-fi, you're using gogo most likely. the news there is intent to move forward by at&t and honeywell into 2016 expected by late 2015. if you have these behemoths moving forward, it could take a bite out of gogo. i have friends who have moved from new york to austin, texas, for tax reasons. stuart: i hear it all the time. we thank you very much indeed for being with us. all-star nfl wide receiver wes welker played with two of the

sport's greatest quarterbacks, peyton manning and tom brady. which is the best? we will ask wes welker that question after the break. weekdays are for rising to the challenge.

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humans. sometimes, life trips us up. sometimes, we trip ourselves up. and although the mistakes may seem to just keep coming at you, so do the solutions. like multi-policy discounts from liberty mutual insurance. save up to 10% just for combining your auto and home insurance. call liberty mutual insurance at... to speak with an insurance expert and ask about all the personalized savings available for when you get married, move into a new house, or add a car to your policy. personalized coverage and savings -- all the things humans need to make our world a little less imperfect. call... and ask about all the ways you could save. liberty mutual insurance -- responsibility. what's your policy?

stuart: we haven't even started the interview at the man is making me laugh. he has played with two of the best quarterbacks in nfl history. 20 may now, a man who has caught passes from tom brady and peyton manning. wes welker, current denver bronco. are you still with the broncos? you still play? >> yeah. stuart: you don't play football. 5'8", 150. >> dripping wet. i play a little bit. stuart: you are one of these guys. >> i am bigger than a lot of the soccer guys you follow. stuart: if i said to you they are playing at 2:30 eastern time this afternoon, do you know what i'm talking about? >> yeah, it is a soccer match. stuart: it's a soccer match. who is real madrid?

>> one of the biggest hands over in europe. stuart: yes. okay, so who is the greatest quarterback you ever caught a pass from? >> i've had a lot of good ones. definitely tom brady and peyton manning are at the top of that list. stuart: which one? >> everybody want to know that. that's for us to know and for everybody else give opinions about. they are both great. stuart: will you offend someone if you say one or the other? >> to be true, don't have a favorite of one or the other.

stuart: i thought football players were big guys, and you are not. >> i know be at stuart: are you fast? >> i am pretty quick. >> he has a big personality. who throws harder? brady or peyton? >> they both throw really hard. i will give the political fox news type of answer. stuart: answer it. i have 45 seconds left. if it, the global alliance of health and performance. >> basically it is teaching people how to use their energy the most efficient way through exercise, sleeping, the way they eat and how often they eat. stuart: designed for football players? >> designed for everybody. stuart: to teach the rest of us. >> everybody things you wake up

and have coffee and do this or that, but if you get up, exercise, go through your day, eat right and do everything like that and get the right amount of sleep at night. stuart: i should not drink a jug of coffee first thing in the morning? >> you can. stuart: i do. >> do you? >> every once in a while i do. stuart: so what is your advice? >> yeah, you can do it. stuart: i know i can do it, should i do it? >> should you? it is up to you. stuart: will you come back on the question and answer questions directly? >> i don't know, it depends if i am running for congress or something like that. i'm just kidding. stuart: that was one of the more fascinating interviews of all time on this program. >> glad you enjoyed it. stuart: wes welker, thank you. more next. arizona-based company

relocating manufacturing to upstate new york? i tell people it's for the climate. the conditions in new york state are great for business. new york is ranked #2 in the nation for new private sector job creation. and now it's even better because they've introduced startup new york - dozens of tax-free zones where businesses pay no taxes for ten years. you'll get a warm welcome in the new new york. see if your business qualifies at startupny.com

he herbal and. adam: your interview with darrel hannah she looked like a fish out of water no pun intended. stuart: very good, young man. adam: this is a risk and reward in for dierdre bolton. our top headline this hour twitter reports after the bell and there are 500 million reasons long-term investors should worry about insiders dumping stock. goldman sachs just got a bowl from an electric field that short seconded. that will cost the bank and other investors billions list of pro who will help you avoid getting shocked by the same kind of deal. warren buffett may be worth his weight in gold but his signature, a true diamond in the rough will cost you thousands at this year's berkshire hathaway shareholder meeting.