tell you if the glass bending. >> away from energy dow is across the unchanged mark, 30 times since it opened. >> see you on the fox news channel, outnumbered. it is time for "varney and company". have a good show. stuart: three months to the election and the political tide is turning. your money is at stake. good morning. news item number one, the u.s. conference of mayors says all those new jobs created since the recession pay on average 23% less. used to make 50 grand, now it is 40. that is the opposite of what was promised and it comes from a largely democrat group. there is a revolt on energy, increasing number of democrats want to drill more oil and gas. headline in the wall street journal democrats warm to the energy industry. of political shift and move away from the president. third headline in washington

post, obama gulf's as the world burns, that in the post and an opinion piece is written by a fixture on the left. he is incensed at the president's do nothing foreign policy and failures and the golfing and fund-raising. added up and there's a tilt away from the left and a tilt towards policies of growth and "varney and company" is about to begin. from capital strategies, we discuss the above which i was just getting into and that is the conference of mayors, 23% less income from the new jobs created by the obama administration. i say the political tide is turning in favor of an expanding economy and better stock market. music to your ears.

>> people are starting to figure it out. new jobs are not great. we have the 92 million americans who are out of work and looking for work, no way to spin this good news for the obama administration so you see democrats who don't want to be tied to this president. he has no coattails and i think in these midterms he is acting like he doesn't have skin in the game. he is not on the ballots ally don't think he cares about democrats in congress. stuart: doesn't he care about the senate and who controls it? i am thinking particularly on the swing on energy, 47 democrats vote in favor of exporting natural gas, there's a groundswell of democrats, we got to get out there. >> we need to beat -- our own energy sources, we know we need the jobs and the libyans, the labor unions' support fracking because it is jobs and helps the state conference and governors

like it and gaining support and a lot of democrats say we look at this as a bridge fuel until we can do better and again, i think he wants in some small way i think he wants to have an excuse for his failures and if you have republicans in the congress than he can blame republicans and continue to go. it is that easy. stuart: when you think republicans could become complacent to be overly confident that they are going to sweep the senate in november and lose the ball in the next three months. >> we see that in politics all the time because politicians have no ego so there is no way they could become really confidence. this could happen with any party and because we hear this good news but i would urge every republican out there to run hard. i believe they will, they smell victory but we have go. stuart: what about hillary? a lot of distance between herself and the president and we just heard that she is going to be on march that's vineyard on

august 13th vinci is going to meet with the president and the first lady. >> of course, a nice bottle up and everyone liked like they get along. stuart: she has been at his throat. >> she can't go into these midterms to keep her mouth shut, she was secretary of state so her name is all over foreign policy things, i don't think she can run successfully. she was there, at the table in terms of convicting the president and the others to do what she thought was best or if she is not being honest by saying i was always against this or for this where she disagreed with him and now she is saying there's no daylight between herself and benjamin netanyahu and she had to date him a little bit but she was obama's secretary of state but hillary clinton is doing a big favor for republicans in terms of helping them get the senate and you think that is counterintuitive but look at it this way, she would run their -- rather run against republican house and

senate when running for election in 2016, to have the big enemy. so it is that strategy, she wants to run against republicans. stuart: you are a republican strategist, moving in republican circles. is there a real confidence? >> there's an optimism. again, people have been doing this for a long time understand that a lot can change in a couple of months, so again fingers crossed but no one is taking anything for granted. a lot of work to do. stuart: thank you very much, see you soon. what is going on over revers has an up or, at backdrop of what is happening on wall street over here. let's start with russia preparing to send 218 trucks to the border with ukraine. moscow says they are carrying 2,000 tons of food, medicine and drinking water. the ukraine says they will not be allowed to cross the border

and nato's secretary general issues awarding, russia may be using a truck convoy to conduct military operations inside ukraine and he says there is, quote, a high probability that russia about invasion. if that is the backdrop to stock market trading, and up 46 points, we put the dow at 16523. same story on the s&p 500. a little lower, down 0.3%. it is a small downside move. look at has luck, it closed at a record high yesterday moving a little bit lower as of right now, 254 on tesla, still up there, down 4 bucks. what do you think gold is doing in a day when the russians may be making some moves? all kinds of movement in iraq, you think it would go straight up? it is up $6, 1317 is your price. the 10 year treasury still flee yield is low, 2.42%, right at

that level for couple weeks, that is historically a very low level. not a household name but we bring it to you because it is a winner today. what is this about intercept? a limited treatment? nicole: that is right. look at the stock, 22% to the upside, it has been up 65% in after-hours like yesterday. this is all in the findings of treatment for liver disease, fast buildup not for the alcoholic kind but alcohol-related and that shows liver scarring got worse in 46% of patients versus 21% in the placebo group, oppenheimer said the safety of the drug, fears of the safety of the drug have been limited. now you can see stock at 20%, the high of the day, 28878, the high was 349 and change, we are looking at year to date charges, up 322% so really shows in this stage trials, stock is doing

very well. stuart: thanks very much. on some occasions, when you are reporting the news you become involved with the story, you feel it personally. such is the case with passing of robin williams. we all know his work and recognize his brilliance. what a loss. we are told depression played a role in his debt. stock dr. keith ablow is with us. because you can't see it, you can't physically see depression, i suspect we underestimate the extent of depression in our society. mri? >> absolutely. 20 million people last year suffered with depression. this is epidemic. stuart: when you say depression, that is not a bad mood, not you feel a little down. it is you can't get out of bed. >> this is real clinical depression. talking about your self-esteem is falling through the floor,

you can't concentrate, you can't sleep, your appetite is vastly affected usually tremendously reduced. these are folks who can't see forward to the next chapter of their life stories, they literally think it is that bleak. stuart: can you treated? >> absolutely. that is the tragedy of robin williams's death. i haven't met a person i can street. stuart: if someone comes to you with clinical depression you can't cure it? fix it? >> i tell people at my door and my going to get better? i say i promise you you will be restored. i promise. know ifs, ands or buts. i have medicines and my disposal, new technologies like trends cranial magnetics simulation using magnets to stimulate the brain, now harnessed to treat depression, at a lecture convulsive therapy. i will use anything before i give up. this is a war.

when you get depression we fight a war and we fight it together because you got to have somebody you feel is your partner. stuart: i believe it is 23 million people receiving anti-depressant drugs in the year 2010. 25 million now. i don't know that for a fact but it must be up there. >> many people say they are overused. main the times they are but if i said you i know this company is going to make something, spend $300 million to make it and charge you $80 a month and it can change your life you probably would raise your hand and say i am in. stuart: with respect to robin williams doing a whether or not depression team's first and then alcohol and drugs? >> we don't. stuart: in other cases what comes first? drugs and drink or depression? >> it could be either but listen. here is the thing. when i treated anyone, there's always a y. that is the other piece of this.

you need to delve into the story of these people's live so that you can join the men say okay, at least we now know what made you vulnerable. may be partly brain chemistry but you also have a life story you have lived. let's understand it and make sure you can overcome these things that could drag you down. stuart: very famous people are put on a pedestal. they are in the public all the time, they're always challenged and develop a public persona which may be at odds with who they are and who they think they are in private. i suspect that that can lead to depression. i am a total amateur. >> you are talking like a psychiatrist because of robin williams had been my patient guy would have said here is the thing. your few more is an asset for us and the liability. you could get very far down a dark path because you have this defense mechanism. so too with your fame because that feels good and can cover up

real wounds from the past so we have to dig deep for these things and you need someone who is willing to allow all the stops. i have hospitalized cabinet members against their will and that takes some doing because nobody wants you to do it but you won't ruin my record. that is the way i think about it. you do your work, i will do mine. stuart: the one good things it comes out of this, the one positive visit raises awareness of what depression can do to someone. i suspect people like you will help, i can fix this. >> that is absolutely the case and if someone is not fixing it, you are working with, fire him. you wouldn't stand for a lot podiatrist if your toes still hurt, 90 days or 100 days and your treatment for depression you are not better substantially, fire your therapist. stuart: all right, doc dr. keith ablow, thanks for being in studio today. after the break, an update on

unions, organized labor and why 30% of union members would dump their membership if they could but first, remembering robin williams. how could you forget this? >> good morning, vietnam! this is not a test, this is rock-and-roll, time to rocket from the delta to the dmz. does that sound like an elvis presley movie? so i can reach ally bank 24/7, but there are no branches? 24/7 it's just i'm a little reluctant to try new things. what's wrong with trying new things? feel that in your muscles? yeah... i do... try a new way to bank, where no branches equals great rates.

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it's just that i'm worried about you know "hidden things..." ok, why's that? no hidden fees, from the bank where no branches equals great rates. stuart: 11:16 eastern, down 40 points, where is the price of oil this tuesday morning? $97 a barrel, down $0.78. a big name for you, you know it, i know it, my daughters know, strong sales and profits, the company has raised its forecast. why is it down 12%? i don't understand that. we have to come to grips with this one. a well-known company raised its forecast, down 12%. three headlines in 30 seconds. a ride sharing apps at uber and

lift getting early, lift drivers accusing uber drivers of ordering lift cars and canceling them at the last minute. for report coming up later this hour. we now have some answers why amazon is banning the sale of popular disney movies, not only a debate over pricing, also about product placement and promotion. specifically which company picks up the tab when amazon loses money on a dvd. another atlantic city casino closing. $2.4 billion casino, newest one on the board closing its doors in september if it can't find a buyer and so far it can't find a buyer. new poll numbers on how workers feel about union membership. 29% of members nationally say s a ame ai!you ce they could do so without facing a penalty. 83% of americans support allowing union employees to leave the union without force or penalty.

something referred to as right to work, 83% in favor. we are joined by jennifer, parish versus dayton, the supreme court ruled in her favor in her fight against the unionization of workers in minnesota. welcome to the program. >> great to be here. stuart: i would like you to take us through the story, way before it got to the supreme court, way back when the union first came to you to get you in. tell us about that meeting. >> my case wasn't the one before the supreme court. that was harris vs. queen which was a similar case but i got inuniolved in this bmbetk in 20 when i had again organizer walking to my home without knocking during the day when i was busy caring for children. i am a child care provider running a small child care business from home and the union organizer didn't say he was with the union. he said he was looking to have a petition signed asking the state for health insurance for child

care providers like myself and he grew upset with me when i told him my wasn't so interested and it took me awhile to get him out my door but after he -- the first time i saw the word union. stuart: but eventually were you forced to leavin in some way or other? >> not yet. they are still trying. they passed a law inmy c013 tha reclassified these private child care businesses as pseudo emplnioes of the state for the sole purpose of forcing us into the ranks of the union. the union was supposed to file a petition asking the state for an election and we had a temporary victory when the le isuit gaine an injunction stopping that law from being enforced. that injunction was lifted a couple weeks ago so we have to wait for the union to file the election before we get the lawsuit that. stuart: why do you object to being a member of the union? >> call lot of reasons but most

importantly i'm not anybody's employee. i don't have an employer to bargain or negotiate with. i am a small business owner, i pay the self employment tax, i am in chard which clients i serve and they are pulling this union's team based off of a welfare program, child care assistance prograd trirstng to a: wue because we mbetcept state dollars on behal of low-income families so low iionsome familiest toualify for child care assistance that money comes to us, trying to say we are paid by the state through those dollars and should be able to bargain collectively with the state and dursagree. that is apparent benefit, not a child care provider. stuart: do you have any idea what kind of jews you would have had to pay if you were forced into the union? >> across the country ranges homom $300 tohild900, they hav successfully pulled this scheme off a aposs the countf t in

u stuart: talking child care workers. 300 to $900 per year, that is the rand happen to know what those jews would be paid for if you had to pay them? >> the union in illinois that is the longest standing child care union, they takehild10 million homom child care providers and spend most of the non-political act faity, they give money to f left-wing organijotions, a lot of money on car rental and travel for the union bosses, not a lot for the child care provider. stuart: if you were in the union would you have gotten a decent pensiooup would you have gotten some kind of health care coverage? you are sha vsng your head. >> i wouldn't have gotten any employee benefits. i would literallygh ust be a state emplnioee for the purpose of unionization. i would not get any state benefits. the state can have no control over my rate. i set my own rates and they te fouldn't get me a raise.

stuart: bring us up-to-date where things stand. at the top of this s do ment we said the agreed with you and other plaintiffs in a similar situation, agreed with osou. does that mean nationwide, you can't be forced to join the child care union? >> the case you're referring to are harris vs. quinn, a similar to our case brought on behalf of pam haith yison, other home car providers out of a little engine that case challenge the fair share fees, a: wue that was a violation of their first amendment. they were not state emplnioees and the supreme court agreed with them. that is being applied across the te fountf t, home care and chil care providers no longer for the first time many of them in a decade have a choice whether or not to be long to this union and choose to drop out and not have to pay a thing. stuart: are you still running your child care business from home? >> i am. my husband is doing it today but oses i still run it, i love doig it and hopefully i can go bmbet

to doing it. thank you very much. stuart: next story, coming up after the break, nearly hamu of the employees and one government agency work at home, some of those workers not really working that mrt: dh if at all. details in a moment.

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stuart: looks to me like rory could rescue golf. by that i mean redo's the dreadful decline in tv ratings. he may or may not bring young people back to playing the game but tv is where the big money is and he is an eyeball grabber. and here's what you had to say about. one man is not golf, jack wasn't, nor was tiger, golf is bigger than any one player. can add i don't care if tiger never comes back, we don't need him. tv ratings do.

diane seems the most optimistic. cheese says those of us who survived the tiger era love the new era, we haven't gone anywhere. we appreciate your timing in. next hour, kerri walsh will join us. she and her olympic partner missed the may put beach volleyball on the map just the two of them together, they made it a sport you would watch. 12:45 eastern on this program. deutsche bank says sales force.com is not helping stock. taxpayer outrage, half the employees of the trademark office work from home. new report finds very little work is being done by these employees. peter barnes, you will tell us what exactly are they doing if they are not working at home. >> internal investigation found that some of those workers,

patent examiners working from home repeatedly lied about their hours and some received a bonuses for work they did not do according to a draft of a report could hand office launched a review of its telecommuting program because of four anonymous whistle-blower complaints. that can talk to says the draft report was just that, draft that was incomplete and inaccurate. it says a final report, this final report released in june reflected a complete record but the report did not reach a conclusion on charges because of unreliable records and inconsistent witnesses. the report suggests some changes in supervising these examiners. and inspector general has been looking into this matter, the house oversight committee says it will too. stuart: i actually asked can i work from home? my boss said no, you are not going to go goofing off. there you have it. thank you, peter barnes.

hillary clinton continuing to distance herself from president obama. should make for an awkward situation when they do actually meet tomorrow at a party on martha's vineyard. we have a man who wrote the book on clinton coming up next. and the oscar acceptance speech in 1998. >> i want to see some id. thank you for being so subtle you are almost subliminal. i want to thank the cast and crew of south boston, you are the best. i want to thank winesteen, and think mom for being the one who like my pillow and fire every morning. god bless you.

♪ ♪ stuart: there is little volume. the dow is down 26. the yield on the 10 year treasury still exactly where it passed. for the last week, week and a

half. kate spade. here is the reason why it is down so much. they held a conference call about a half hour ago. they are now down. hillary clinton. continuing to distance herself from president obama. get this, it turns out the president and clinton will be at the same party tomorrow night at martha's vineyard. when the optics. together in a very small room and are at each other's throats. >> it will be a lot of fun to see it.

hillary clinton has been systematically distancing herself. i think, in a way, it is inevitable. she is i think she is looking straight ahead. she is trying to position herself and what she believes is a more positionable place. stuart: she has been pretty strong in her opposition to

president obama. >> you could gain it out either way. in one sense it could help the democrats. we are all doing it. we all do not like this guy. he is a has been. i think her concern is 2016. she is devoted. that is her concern here.

is it flat out a done deal? everyone knows who she is talking about. they move on and it has hit hillary clinton with harsh statements. she has got the lock. she does not have the left. stuart: essentially, elizabeth

warren's territory. a viable alternative get them. that shapes everything up. i think it is something that could come back to haunt her. stuart: i will speculate. quite wildly, if you like. what will a clue did presidency look like? you think we go on gung ho.

do you think we will get any of that in a clinton presidency? >> some of that. she is sticking her finger in the wind. she is seeing where the wind is blowing. that is why she is distancing herself. that is how, i think, she would govern more or less. keystone is overwhelmingly popular. she may approve something like that because american people want it. i do not think you would see long-term strategic objectives achieved by hillary clinton or hillary clinton's presidency. i think popular games would be achieved. i think that is why some of those issues that you listed may be adopted.

stuart: all right, daniel, thank you very much for joining us. if you've been used cigarettes ads, if you prohibit the sale, do you feel the industry? flat out, do you kill it? we have a response after the break. ♪ in real time. ♪ the shell brought him great fame. ♪ but then, one day, he noticed that everybody could have a magic seashell. [ indistinct talking ] [ male announcer ] right there in their trading platform.

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♪ nicole: i am nicole petallides with your fox business brief. the dow jones industrial average is down. prior to that the dow went over the unchanged line more than 30 times. on the move. intel and exxon. bullish on abercrombie. 285 from a whole. tesla, the name that we want so closely has been soaring. the tesla model s has its share of problems.

buying cars anonymously. that is not good. right now the stock is down 1.75%. we have a leading e cigarette company coming up after the break to talk about regulations. you don't want to miss this. ♪ hard it can be...how ...to breathe with copd? it can feel like this. copd includes chronic bronchitis and emphysema. spiriva is a once-daily inhaled... ...copd maintenance treatment... ...that helps open my airways for a full 24 hours. you know, spiriva helps me breathe easier.

spiriva handihaler tiotropium bromide inhalation powder does not replace rescue inhalers for sudden symptoms. tell your doctor if you have kidney problems, glaucoma, trouble urinating, or an enlarged prostate. these may worsen with spiriva. discuss all medicines you take, even eye drops. stop taking spiriva and seek immediate medical help if your breathing suddenly worsens, your throat or tongue swells,... you can get hives, vision changes or eye pain, or problems passing urine. other side effects include dry mouth and constipation. nothing can reverse copd. spiriva helps me breathe better. sfx: blowing sound. does breathing with copd... ...weigh you down? don't wait ask your doctor about spiriva handihaler. ♪ stuart: salesforce.com earlier. the industry apparently has mixed feelings about its product. do we really have mixed feelings

about cloud computing? the fda may be in e cigarette tv ads. then flavored e cigarette. ban the sale of e cigarette. if you do all of that, those that killed the e cigarette business? the cofounder of one of the leading manufacturers of e cigarettes. no tv advertising. no internet sales. would it put you out of business? >> it would essentially put the company at a very great disadvantage. stuart: they say, what are you doing? okay. that is called product placement and you know it.

they want to stop internet sales because you cannot keep it out of the hands of minors. if you have internet sales, those e cigarettes will get to minors. >> nothing could be further from the truth. the utilization and verify the identity of people that are buying are so much more reliable than depending on a clerk in your local 7-eleven. if you want to get a hand on these products, they will find a way just like they have with alcohol and cigarettes. nothing could be further from the truth.

stuart: do you think that maybe you are being strong-armed? if you pay a big tax, if there is a huge tax, maybe you can do whatever you like. do you think maybe that be the case. >> i think at some level. we are at a bit of a disadvantage. tobacco is one of the largest revenues for state government. it is leading people away from traditional combustion's. it is definitely having an economic impact on the state. stuart: which would you rather do? would you rather have that or a big tax on your product? >> obviously, we would rather have a big tax. once again, as a final point just to reiterate, the only

thing it leads to is handing the category to the companies that are the largest and have the largest in-store distribution effort. stuart: tell the real fast about your business. i am sure that your sales went straight up in the early days. any signs that the sales gain is beginning to plateau off. >> paper is such an innovative and exciting category. what we have noticed is a bit of leveling off. what we call the micro sigg category. in the online world, we have seen very little decrease. the big thing right now seems to be the larger scale vaporizers. vapor as a whole is growing.

stuart: you are using one now. do they pack more nicotine into the tubes so to speak? >> if you have a device that is a little bit larger, did you do not have to charge it as often. you do not have to refill it as often. if you are trying to go completely away from cigarettes intubating, the last thing in the world you want to is run out of battery life. stuart: you have taken three hits on your you said during this interview. did you get a buzz? >> the baton lipow galatian rate is a little bit slower. [laughter] stuart: okay. you are a genius.

>> thank you very much. appreciate it. stuart: list ridesharing drivers accusing uber drivers. we have the full story in a moment for you. ♪

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stuart: drivers act and eight say uber drivers are playing a prank on them. lauren simonetti is this just a prank or is that more serious? >> it is a little more serious. they did play a little dirty. the same thing is happening with lyft. uber is still the biggest. hundreds of uber drivers called and canceled 5500 lyft writes.

what happens when you call and cancel? you took off the person waiting. then you potentially get the lyft driver to move over to uber and drive for them. stuart: have they gone to court over this yet? that is the kind of thing that an 18-year-old may have thought of. >> that is what we are talking about. it is silly. look at how big these markets have gotten. they are trying to get carpooling services going on so they can transport a lot of people. they are putting the taxis out of service. they may be putting the buses out of service as well.

stuart: thank you very much. good stuff. the commissioner of a big 12 conference. he will debate me. he is here. the commissioner at noon. lois lerner's e-mails cannot be real covered. now what? we also have kerri walsh. olympic beach volleyball player. she will talk about being a faith for sports. all in the second hour which starts in just two minutes. ♪ i'm j-a-n-e and i have copd.

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ask your doctor about b-r-e-o for copd. first prescription free at mybreo.com stuart: a federal judge has opened the box of college sports. here is my take on that. i approve.

everyone except the players is just breaking it in. use the likeness of a player in say a videogame and that player gets a payday. shortly, that is the american way. you should pay up. it is their talent that you are using. bring on the debate. the commissioner is here and he is next. ♪ stuart: let's get to it, shall we?

bob, we thank you very much for joining us. i want you to tell me where i am going wrong with this. >> i do not know if you are going wrong. i think that judge put forth a very memory and ruling. trust funds for the time when they graduate or leave from school. i think it is one that does not change the collegiate model. i think it takes into effect that student athletes have some rights. you have opened the door to players getting paid for what they do. you have opened the door. you have breached the principle of total amortized him. >> i think it cost more than

books, tuition and fees to go to school. being able to pay the cost is up to the judge's ruling. i do not think that student athletes are being paid for their labors. it is a different matter. it was very clear that there would be a cap on it. we clearly are not in an open market place. i do not believe that we should be. stuart: hold on a second. let's go right at it. they play in college. they make a lot of money for the college's. they should get paid. what is wrong with that? to be, of the american way is you work. i do not see anything wrong.

i do not see anything wrong with paying a man or woman what they have earned on the playing field. >> no and that is what i was about to say. all scholarships go to full costs for attendance. those that have the opportunity to have their name and likeness. and places where it is monetized. >> i want to pay them what they are worth. not just the cost of going to college. >> you and i are just going to agree to disagree. i think the value of a college education is estimated in the 70 to $80,000 range.

a valuable education that will change their lives. stuart: would it change college athletics? whoever lost the way to go down that path. there are more than expenses than room, board, tuition and fees. a very narrow ruling that is very thoughtful.

it leaves the collegiate model intact. thank you for straightening me out. i do appreciate that. it is great to have your business. we are down 42 points. pretty similar story with the s&p 500. that is a broader market indicator. down .3%. tesla model s has had "more than its share of problems. they hit a record high yesterday. down $2 today. the biotech companies said the drug was found effect if. that is a big deal. the stock is straight up.

as for the price of gold, 1317. just six bucks higher today. unchanged today. historically low levels. kate spade. that hit a high earlier. look at it now. i went on the air. i said kate spade is straight up. looking great. then we look at the stock price. what happened? >> oh, my goodness. what a move. the conference call came about. they noted that they are cautious for fiscal year 2016. worried about margins. we know that they have been

discounting. after hitting a high of 4287, it is now 3130. this is actually a wallet from kate spade. look at this. you do see that. that is $208. my absolute favorite one was that thin bag. it was almost $800. the one on the right is a baby bag. i am not having a baby anytime soon. you have a variety.

$200-$800. stuart: i do not get it. they have everything. they have shoes. they have accessories. they have jewelry. stuart: how much without one was that one that you just had in your hands? >> about 200. stuart: worth every penny. the dow is down. thank you, nicole. we have them all back. however, those new jobs pay an

average of 23% less. scott schiller delta is with us from the cme. that was a shock. now you have a job. you got a job. forty grand. that is not good. if you asked the average person out there, i think the answer is absolutely not. the expenses are at 242. the bonds should be going down. yields should be going up. they are trying to tell us that things are not as good out there. stuart: thank you. that is clarity. the economy is not doing as well

as some people think it is or is going to do in the future. >> i want it to get better more than anyone else does. we are set up for a long, slow recovery like japan. we have no hockey stick recovery in sight. stuart: they have huge demographic problems. a huge situation going on there. stuart: scott, thank you very much in need. yahoo! news twitter feed was hacked. sending out false tweets. the tweet was taken down. got in rid of very quickly.

we have john mcafee on this program. the next big attack will happen by the end of this year. here is david kennedy. you are the white hacker here. we do not want to repeat -- what i am trying to get at here, that kind of hack where you put out totally false information, you have got the ability to create panic. you can do that these days. >> absolutely. it is in every day lives. it is in our cars. it is in our plans.

it is not a bad place in the first place. what was interesting, you are seeing a lot of attacks happening on the public safety side. people demonstrated how to hack airplanes. how to attack cars. there is a lot of concern. stuart: john mcafee said, i do not know how he phrased it, the big one, it is coming this year. he could not tell us what form it would take. do you want to speculate? >> i do not think anyone can predict exactly when that will happen. there is what is called the i am calgary movement. you need to focus on critical

portions of our infrastructure. stuart: and enormous investment to get ahead of this. >> that is a great point. there is actually less cost. companies start to build security into the very early portions. you will have a big business later on. i think we can get ahead of it. we are going to continue to see

breaches. it is not stopping. it is actually growing exponentially. stuart: i am sorry. i am out of time. john kerry says no. the last lieutenant colonel. the irs technology team says that lois learners e-mails are lost forever. the family of the woman that inspired aunt jemima wants $2 billion in royalties. okay. that is what is coming up. and author that says president obama's time in office makes

nixon's time in office look good. robin williams. look at this. "mrs. doubtfire." ♪

stuart: responding to requests. five irs technology officials. they said everything they could to recover data from lois learners destroyed hard drive. nothing from the drive could be saved. far from satisfied with this. calling it a joke. now what? >> finding potential.

the hard drive since has been recyclable. do you get the federal agencies that lois lerner created. stuart: the e-mails were sent out from not hard drive. they were on somebody else's server. >> that idea has been out there. that is where the push you would think would be.

i want to find out what happened with the last president. >> i am not satisfied. stuart: why don't we get it. our next guest says yes. liberals are silent as obama shreds the constitution. nixon's secret. that is the name of the book. that is the book on the screen. trying to calm down after the irs scandal.

he only talked about it. nixon was held responsible. a group to try to nudge the fbi into covering up watergate. by any measure, barack obama is far worse than richard nixon. >> an article against impeachment. i do not roll call congressional approval.

we are going to raise money on the basis of that charge. president obama should be impeached. >> i think it is unlikely to be successful. liberals stand by mute while obama uses surveillance while he spies on americans through the nsa. they threw him out. >> you have the intellectual argument on the news side. would you, would you want to lay out the articles and get on with it? or would you back off and let politics take its course.

>> in all honesty, i want to have the midterm elections first. stuart: we are out of time. it is not a complex argument. thank you for joining us. we appreciate it. one of the most recognizable female olympians of all time. world class volleyball player. beach volleyball player. kerri walsh. she will join us next. ♪

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stuart: ladies and gentlemen, a very special guest on "varney & company" today. we're joined by three-time olympic gold medal beach volleyball player, kelly, carrie walsh jennings. she is the spokesperson for kt tape. she joins us. we're honored. you're joining us from los angeles. thanks for being here. >> my pleasure. you're on every day in my house, so nice to be here with you. wish we were face-to-face. stuart: you didn't tell me that. i did not, i've got 33 minutes left in this show and you got them all, okay?

>> perfect. where do we start? stuart: i want to start with this. i remember watching you in the beijing olympics and london olympics. it was at london olympics, what is the black tape all over you? what does it do? what is it? tell us. >> what doesn't it do for me. i'm a 35-year-old professional athlete. i've been in this sport a long time and k. tape is resource for me. i've had four shoulder surgeries. it helped me in the past dealing with the pain. it helped me correct my movement. it helps with my peace of mind, giving me more support. it helps with range of motion. it relaxes some muscles, it activates some others. depends how you apply it. tt tape, so many people dealing with chronic pain, this is not a cure-all, but a way people can help with the pain and be proactive about it. stuart: i wanted to show a lot of pictures with the tape, those

black stripes. we have a couple of pictures up there. there is one with you, the black stripe of tape down your leg. what does it do to your leg? relieves pain or something? tightens up the muscles? >> well, you know, i don't know what picture you're looking at, and i so i don't know what injury that i was trying to deal with but at some point, i assume i had maybe a groin pull. and at some points, to compensate, if your body is feeling pain, your body compensates in different ways. there is i believe certain applications that can allow certain muscles to relax, so that you can work properly. the body is just trying to survive out there. certainly i'm throwing my body around. kt tape is a way to support certain muscles and make my body relax a little bit to get its job done. stuart: you and your partner, misty may treanor, the two of you created the sport on television. you did. i have never even considered watching beach volleyball before.

suddenly there you are, winning gold medals. you're ratings were fantastic. you put the sport on the map. >> oh, you know, there were so many legend before us that paveed the way for misty and i. kiraly and holly mcpeek. misty came in at time, we had great success. fox supported us in the past. people love beach volleyball. america loves winners and fighters. that is what misty and i strive to be. i have a new partner, april ross. miss at this retired. just had a baby. we'll give it all all and knock on one for the usa. hopefully you will keep watching because apparently you're a good luck charm. stuart: you want the rest of the show. >> on for the week. >> what are you doing tomorrow? we have a two-hour show. what about next month. >> i'm being totally honest. stuart: great stuff. thank you so much for being with us. good luck on kt tape, that is

the name of the product, right? the black strip. good luck with your new partner in rio. we will be watching, that is a promise. >> thank you, sir. stuart: see you later. well, how do you follow that? well, we're going to. after the break, iraq, continued us air strikes on isis terrorists. secretary of state john kerry repeats that there will be no combat troops on the ground from us at least. question for lieutenant colonel bill cowan who is going to join us. can we just beat isis? can we win? i want victory. can we get it? he's next. it's monday.

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stuart: the plot thickens in the amazon disney fight. now we know what is behind it. it is not just pricing, oh, no. straighten it out, lauren. >> as you know you can not preorder a new disney movie in dvd or blu-ray form on amazon.com, right? we got that out of the way. i guess we always assumed it was because of price, right? amazon pushing disney to cut prices and absorb the difference, right? who cares, stuart, in my opinion, if you can't buy a dvd on amazon, go to best buy, go to walmart or just stream it, right? the folks at wunderlich securities seem to agree. look, amazon has leverage on packaged media distribution but

the increasing migration to digital works in disney's favor. but why are they fighting? it can't be just about the price and dvds. it is about promotion according to the "wall street journal" on amazon's website and also about product placement. so it is price, product placement and promotion and that's why these two companies are fighting it out. it is a game of chicken, right? who will bend first? i don't know. i'm inclined to say amazon in this one. stuart: it has nothing to do with you and i? two titans going after each other in a very important marketplace? that is what it is all about. >> yes. amazon losing money because they spend so much money to keep their products cheap and to shift products. >> they're supposed to post 800 million, over $800 million in the net losses. stuart: 800 million? >> 60 times its current loss in the prior quarter. amazon knows it is becoming like walmart the big gorilla of pricing, really pushing supplyingers to meet their benchmarks.

stuart: $800 million is a lot of money. >> that is a lot of money. most expensive not-for-profit profitable company. something like that. stuart: good point. a battle of the titans is what it is. let me move on to the latest in iraq. airstrikes from america continue on those isis terrorists. secretary of kerry receipts -- repeats there will be no u.s. troops on the ground. from a senior pentagon officer, that airstrikes will have minimal impact on isis. lieutenant bill cowan joins us right now. lt. colonel, i want to get straight at this. i want to beat these people. i think they're nazis. they're slaughtering religious minorities. i want to flat-out kill them. are we going to do it? >> hope we are, bill. there is no strategy put together to do exactly that. this may be a problem for baghdad if the government gets sorted out, this is bigger problem for all nations in the

middle east threatened by isis, all the nations in north africa, threatened by isis, all the friends in europe, threatened by isis, canadian partners to the north. the reality, isis is effectively recruiting foreign fighters around the world to join the ranks, bade on unimaginable successes they have had. if we don't have a strategy with other stakeholders, their own citizens if we don't have strategy that incorporates all of them, we'll have a long hard road trying on our own or just with baghdad to beat isis. i don't see any plans underway to do all the things i'm suggesting right here. stuart: is america's military at odds with the state department and the white house? because the military did the job, was pulled out, and now is being asked to go back and do a partial job on finishing things off? and they're not getting resources that they need? i mean, is the military at odds with the diplomats? >> well i think we're, military,

i still consider myself to be part of the military, we're always at odds with diplomats. it was diplomats who really bear the burden along with the white house for not having a status of forces agreement that left us there. look, it is diplomats who refused to allow kurds to be resupplied and refurbished how many years they have been asking for that. diplomats said we'll go through baghdad, not go through the kurds. we're paying a penalty. typically the state department holds back on wanting to do things when the military sees, long-term necessity and long term needs and objectives, state is always reluctant to move forward. we don't want to ruffle any feathers. we're definitely at odds. i'm surprised that the pentagon spokesperson yesterday flatly admitted we're not having much effectiveness against isis. that makes the white house a little nervous. he will be in trouble for having spoken the truth. the state department doesn't want to hear that either. we hear constant theme out of the white house, once things are sorted out in baghdad, once maliki is gone and new prime

minister is there then we can sit back and address the isis problem. stuart: colonel, i want to talk and ask you about robin williams because he did splendid work for the uso. he went to iraq. entertained the troops, reminded me of bob hope back in the second world war. a lot of other celebrities wouldn't go, would not support support our troops. robin williams on the screen, he was there. great guy, wasn't he if. >> a wonderful man. absolutely, enthusiastic, he cheered thousands of people. stuart i made 60 trips to iraq with my great friend country music singer aaron tippen. we went at thanksgivings to entertain the troops. standing up on stage and watching reaction of audience. it was truly heartwarming. i remember every time bob hope was in vietnam, i never saw him but we all know when he was in country. there was no question what robin did, entertained the troops, had profound impact on morale. every last one of those men and

women who saw him will never forget that few hours they spent watching that man come over and sacrifice his time and effort to perform for them. stuart: what a loss. bill cowan, as always, thanks for joining us here. , sir. appreciate it. >> thank you, sir. stuart: turns out if you were able to land a new job in the last five years you're getting paid a whole lot less than the job you used to have. some grim numbers next. ♪

>> i'm nicole petallides with your fox business brief. right now the dow jones industrial average is up fractionally. we had back and forth action with the unchanged line more than 30 times today. not too far off for all the major averages. look at caesars entertainment. did very well in las vegas. weaker numbers in atlantic city. the stock is down almost 12% at $12.10 a share. look at smg. this is scots miracle-gro. up 1%. they issued a special dividend

and authorized a buyback plan of up to $500 million. apple, ceo is looking at that one, not satisfied with diversity numbers there, the workforce is predominantly white and male. they're working on newt ipad, 9.7 inches and new ipad mini for the holidays. up 1/3 of 1%.

stuart: here it is, the "halftime report." michael

robinson, san francisco, liz macdonald here. mr. robinson, you first. new study says jobs created since the start of the recession pay an average of 23% less than the jobs that were lost. that is not helping us, is it? >> no. it is true. i'm very skeptical of this. this sound more like a political document than a true statistically valid survey. i have to look at methodology. this reports comes out and media jumps all over it. there is report this morning says there is 4.7 million job openings in the united states, the highest level in 13 years. i talked to small business people all the time. they have jobs they can't fill. in north dakota, unemployment rate is 2.9%. why is that? because of the bakken shale fields and because they have technically-skilled people. we need more technically skilled people. that is the answer. by the way, you should be in the stock market if you want to make money. stuart: very good, michael. that's good. next up, the company's name is

exact sciences. it is a winner. what is going on, nicole? >> a lot of people would go for colonoscopy to detect colorectal cancers. they have something called coal low guard. for people age 50 to 85, respectively. one time every three years. you send your stool n they have had great success rate. the stock is jumping earlier today. off the highs of the day. still up 5% you have to get a recommendation from the doctor. they look at stool closely and detect if there is any signs of cancer. stuart: michael, tesla, the model. is, it has more than its share of problems according to "consumer reports." would you buy tesla's stock now? >> yes, i do. i own it myself. i would buy it now. i'm in it for the long haul. they're gearing up for the gigafactory to produce 500,000 vehicles. they will put supercharger stations throughout europe. they have models to move into china. china is the huge car market. the biggest car market in the

world. this is well-run company. they will drive their costs down substantially next three to five years as they gear up production. so yes, i will be in it for the long haul. stuart: we hear you. liz, the family of the woman who inspired aunt gem mime ma, the heirs, want two billion dollars in royalties. tell me the story. >> quaker oats, the pepsi co, pinnacle, lawsuit of great grandchildren who inspired, aunt jemima. discovered in the new york state fair in the '30s much the grounds the grandchildren, they have a death certificate that they say lists quaker oats as their great-grandmother's employer. used her image. never paid a dime toward the family. whether the suit goes forward remains to be seen. stuart: michael, you have something new, a breakthrough at intel, you want to tell us? >> yes, i do. you know what? they have a new chip designed specifically for wearable, i'm

sorry for tablets, mobile devices. why this is important, intel sort of missed the mobile wave here. they're known for very densely packed, microprocessors that can do enormous amount of computing power. they tend to run hot and drain batteries. they had a four-runner well in advance of today's mobile devices but it didn't work well enough. they will target 40 million tablet sales over the next year to 18 months. this is a big breakthrough. this comes after the new ceo really wowed people at ces show in las vegas earlier this year. they have mobile initiative and they have got wearables. the stock is doing well and a new ceo seems to be on top of things. stuart: we hear you. that is it for the real "halftime report." thank you each and everyone. ice bucket challenge sweeping social media raising money for lou gehrig's disease, als research. getting a lot of attention. how much extra money is being raised, that is the question.

the chairman of the als association will join us next on that subject. your 16-year-old daughter

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>> i'm roger food dell. -- roger good dell. i want to thank scott to

nominator me for als ice challenge. i am happy to make the challenge. when i dry off from this i will challenge pete carroll and michael strahan. here we go. stuart: you heard him introduce himself, nfl commissioner roger goodell. latest person to take the als ice bucket challenge. we want to know is this raising a lot of money for als research. how many money is being raised by that challenge? joining us now the chairman of the board of the als association. bill, welcome to the program. that is my question. how much money can you say that challenge, which is really gone all over the place, gone viral, how much has it raised? >> good afternoon. not only has it raised $2.9 million, but it is accelerating rapidly. when we looked at numbers on friday, it was $300,000 for the national organization. on monday it was up over a

million. and today it is at 2.3 million just for the national with another 600 to 700,000 for our chapter organizations. stuart: whose idea was it because it was a very good idea. >> it was one of our patients, pete frades. a former baseball coach for boston college. i would like to say it was strategy from the top of the als association but like many things that go viral it started with one person and their family. stuart: okay. and it is, let me, i, could you explain it maybe. you're challenged. you dunk a ice bucket of very cold water over you, or you pay money, is, if you reject the challenge, you have to pay als or be shamed. if you accept the challenge, you dunk it over your head and away you go, that is the challenge, that's it? >> you not only have to dunk it over your head but have to challenge three other individuals. that is really where it has gone viral. it is, is increasing

exponentially and getting a lot of attention. more important than just the money. we have 71,000 people who he donated that haven't donated before but we have millions now know of a very rare disease that didn't know about it before. that is really key for our success. stuart: it is a wild success. so, thank you very much for joining us. what a terrific idea. and what a successful idea at that. we really appreciate you being with us. >> when are you taking the challenge? stuart: no, no. i knew that was coming. i knew it was coming. don't you dare. i will send a donation, okay, i promise i will. >> very good. thank you. stuart: got it out of me. that is not easy, young man, let me tell you. more "varney" next. time and sales data. split-second stats. ♪ its so close to the options floor,

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honored to be joining us from los angeles, thanks for being here. >> my pleasure. you are on every day in my house. nice to be with you. i wish we were face-to-face.

stuart: when you did not tell me that. i have 33 minutes left in this show and you have got them all. >> where do we start? stuart: three time olympic gold medalist kerri walls jennings, one quick comment from you, other parts of the program today, jim, doesn't think nixon or obama are the worst presidents our country has ever seen, he says, quote, obama is bad but carter was the worst. people forget that train wreck of the presidency. i want to move aside for a second. we were covering the passing of robin williams and i want to comment from you because i felt that personally. liz: when the news hit it struck me so hard and so fast because robin williams, what a major loss for the entertainment industry, brilliant comedian. >> you saw the range not just in

want to -- from the williams's favorite movie, mrs. out fire did really well, that was his second grossing movie. stuart: we all felt that loss. >> your alternative investing stories, ecommerce giant ali baba preparing to go public, jo lin kent has all on a special case and details in what may be the world's biggest tech ipo ever. the fight we are following between disney and amazon continuing, part of the matter, and we have the other contentious issues. and following the $8.5 billion dollar story merger, carl icahn's role on that larger than life as you expect. taking a large private company public always involv