of johnson and johnson on exclusive. first, "varney and company". stuart: let there be no doubt apple has turned in a truly stunning performance. good morning. year ago phones from korea seemed to be king of the hole. the iphone is back. no question apple dominates the most important product in the world, smart phones. 39 million iphones sold in 13 weeks, 8.5 billion in clean profits, over 100 million a day. it gets better. release sales for the new iphone 6 have been spectacular. tim cook says this is a big one. apple will pull in between 1/4 and 1/3 of $1 trillion, revenue for one year. sometimes you got to take time out to give credit where credit is due. apple is clearly the best technology company in the world ended is american. "varney and company" is about to begin. "varney and company" we

news on the market, news on apple, coke, mcdonald's, you own a small piece somehow, but first this. is the worry of international and corporate intrigue. the well-known and generally well liked ceo of the french oil company total dies in a plane crash and it happened in an airport in moscow. the jet was speeding down a runway when it crashed into a smoke removal truck. the driver of the truck reportedly drunk. three members of the crew were killed. france's president now calling for an investigation into this accident. judy miller is here. look what we have got here. and oil company executive from france.

it happened in russia. russia is subject to sanctions and heavily dependent on oil and a french oil executive is killed in what looks like a strange accident. should i bring up the issue of foul play? >> normally you would and you would be right given vladimir putin's record, however in this instance, this is a man vladimir putin actually needed. he needed his enthusiasm for russian investment at a time when everybody is backing away. stuart: he was very much on vladimir putin's side. a supporter in the oil industry. doesn't want him gone. >> they have a $27 billion exploration and joint venture in siberia. he wanted to double the output from their shale exploration by

2020. he was very much a russia now man and the sanctions were holding him back so if anything one would have to look at someone who wanted to do harm to vladimir putin and given russia, given the level of drunkenness, given the fact that it was snowing on october 20th which was unusable nobody is ruling out anything, not even pilot error according to the russian press. stuart: alcoholism in russia? it is well known that it is a severe problem. you think it raised its agree head in this instance? >> 29% of russian men die before the age of 55 most of that from alcohol. that level in view k is 7%. stuart: glad you brought up the british. and the russians -- one more issue, maybe international intrigue as well. sweden is investigating a suspicious vessel probably a submarine, maybe russian nosing around its territory.

does that fit into vladimir putin pressing on all fronts question? >> absolutely does. you have to look at russian behavior continued activity in the ukraine continued desire for expansion, nervousness of the balkans with just cause. the russians are on the move. and has declared u.s. russians at all time low. stuart: vladimir putin is trying to close two hundred mcdonald's. anti-american -- >> he even stopped this week food imports for not being sufficient. stuart: the death of the executive had anything to do with anti vladimir putin push? >> they are probably heartfelt. >> sad news for the executive. >> head of total for seven

years. let's get back to the markets. check the big board. a gain of 92 points. first stock we look at is ibm. this continues it sell-off from yesterday. the dow's stock. that downside move $7 lower contributes 40 downward points so without ibm we would be better off. 161 for the low, mcdonald's out with numbers which were not good, turns out people are turning to healthier options especially in america. that stock is down at 91. jacobi sales of 20%, but the company is warned growth in the bear reno business won't keep up the reporting pace. don't say that because your stock will go down and was downgraded as well up $30 for chipotle at 614. excellent numbers as we reported from apple, 39 million iphone sold last quarter, $42 billion

in revenue, they are projecting $66 billion worth of revenue in the last quarter when the iphone sales kicked in. however up $2.5, a huge stock like apple. there it is coca-cola. that stock is down big. come in, is this a millennial switching story away from sugary drink? >> that is the trend we have seen over the last decade. the millennials are trying to be healthier bunch. we had the mine here talking about the fact they don't go to mcdonald's, they don't know what is in the burgers, i did an informal survey of young producer, and maybe once every 23 months, that wouldn't keep coke in business. they expanded their offerings, not only coke and carbonated soda, but vitamin water, and

power aid, they did not meet the expectations for the latest quarter. they are moving forward with the cost-cutting initiative to move this one to the upside but in the meantime the lose a year to date is 17 negative dow points, down 6%. stuart: there is not as much profit in energy drinks as their is in soda and that is part of coke's problem. >> a whole lunch with the names on the bobble and there was a lot of phrase, people rushing to buy the coat with their friends name on the ball. stuart: if you put together a ibm and coca-cola, that is about 60, 70 points taken off of the dow which is up 100 without coke and ibm you would have a rally of 170 points. thanks very much, i have this for you.

federal investigators say five hundred million financial records have been stolen over the paederal investigators say hundred million financial records have been stolen over the past 12 months. here is what the fbi said about that. we are in a day when a person can commit 15,000 bank robbery sitting in their basement. congressman peter king is on the homeland security committee, chairman of the subcommittee on counterterrorism and intelligence. always a pleasure to have you on the show. those were stunning numbers. what is the government doing about this? >> action will be the person to talk to ms. an expert on this, doing the best job he can. there is no easy answer. legislation through the house and senate we past two bills in the house this year which don't go far enough. the senate won't pass anything. one of the reasons is people on the left and right whose see this as a violation of privacy when you bring in the goverureet and private sector into

cooperation. having said that the fbi and the secret seation.ice are reaching the private sector to find areas of cooperation. working with foreign powers. much of this hacking comes from overseas from countries like romania and russia and ukraine so work with foreign partners in extradition to extradite people from eastern europe who could be hacking into the u.s. but part of the problem is others in business people who are directly hit by it is hard to get the american voter to focus on this because it is not something you see in front of you like a bomb going off. stuart: but it is part of this general rising of the anxieres level. we had the security guy mcafee on this program saying the big one. the big hack is coming before the end of the year because you have all these people with all kinds of records for all kinds of people he thinks the big one is coming. i think this general alarm about this in the financial community

and the country at large. >> i wish the country was more concerned about it but i agree with you, i agree with the fbi and the secret seation.ice who trying to get ciolperation with the financial industry and the government and to get this to the average american to make sure they take more preventive measures and we are getting more ciolperation from overseas and that is important where much of the hacking comes from. this is a disaster waiting to happen. stuart: what would you do? >> first of all we have to pass legiexpeation in both houses whh will exempt companies from any liability if they are cooperating with the goverureen to exchange information, to share information. one way, information sharing is vital. companies are afraid of litigation, afraid of being sued. that is a very good start. also we have to get into extradition treaties with foreign countries and burn that up. stuart: are we in a position to

retaliate? if there was a major act of a financial institution that came from someplace overseas can we in america have a go at them? you may not be able to tell me this, supersecret stuff. i would love it if you could reassure the audience we could have a go at them if they have a go at us. >> the united states is an extraordinary power. more than any other country in the world. g ohatever we do, confined to military and defense matters, we don't get into commercial but if we had to, not saying we wome do a nuclear type devastation. stuart: we weren't expecting that one but that is some reassurance for our viewers that we can have a go at them if the have a go at us. thanks for coming back on a program. appreciate it. g oe are two weeks from the

midterm elections so why isn't the gop running away with this thing? the latest polls for you coming up next the first this. former first lady laura bush on the death of fame designer oscar dela renta. we will miss his personality, his charm and his wonderfme talent. g oe will remember him as the m who made women look and feesom beautifme he made a dress for every single first lady since jacqueline kennedy. oscar they la renta dead at the age of 82. [ hoof beats ]

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stuart: markets coming back, tr6 le digit gains lot higher if not for ibm and coca-cola both down. g ohere is the price of oil? $que.80. liolk at gas prices, as they contãmartin defense

contractor revenue down you heard this opposition from the president, what is wrong with the republicans? what is wrong with their

candidates? they locked up already? >> you can never lock up an election no matter how far ahead you are. look at marco rubio a couple years ago, he was down by 40 points. i don't think any party can lock it up before the election happens that there is a concern on the republican side considering every economic factors against the democrats despite democrats' efforts to distance themselves from president obama he isn't helping them by going out on the campaign trail saying democrats vote for my agenda and support what i am doing and the fact that republicans have a hard time getting those polling numbers in places like iowa and colorado shoring up those voters is of problem, it consented to a bigger machine getting out the vote. stuart: or is it that voters are voting on the motion? this is bill o'reilly's point, voters vote on the motion. is a subjective reaction. do they like the guy? do they like the candidate?

they feel warm and fuzzy when they seem that person? that is the suspicion, voters are ignoring the reality of the economy and the ball and isis and all the rest, objective factors, ignore them and go with subjective emotions. >> voters turn we vote on the motion. that helped president obama get elected twice the 2014 midterm elections if you look at the polling and what people are voting on their very concerned about foreign policy and president obama has gone low marks from voters on how he is handling isis but the obama administration has delayed the open enrollment period 4 obamacare. a whole bunch of people in america sitting with families and companies looking at their open enrollment period going our rates are going up as a result of this. 57% of people don't think the economy is going better, the president is not being honest about how things are going. one thing people are not talking about is the consequence of the obama administration pushing so

many issues behind the midterm elections of people feel they are not being transparent or putting everything on the table ahead of an election. stuart: we think of you as our prius millennial, you represent that twentysomething age group. >> no fresher. stuart: do you, not you personally but your age group vote on the motion? >> my age group certainly votes on the motion but in the midterm elections i don't thing millennials are a big concern. millennial still not the in midterm elections, millennials are not interested in voting in this election as polling shows across the board. they're more interested in presidential elections. we don't pay much attention to the midterms because it is more about local politics, isn't as much emotion but real issues that affect real people in the intergenerational usually not paying attention to their paychecks or are still in college. stuart: when i was your age, this was a long time ago i feel

like a grandfather which i am. way back in the day politics was everything. politics was intense. when we sat around after college or whatever it was we were talking politics. that was intense. maybe it is just me, the college i went to. i don't know but i have the feeling politics was the rage that ended is not now. >> it certainly should be all the rage now. i speak on college campuses all the time and people don't want to get involved in politics, it is frustrating to me, you may not like politics but politics likes you and whether you like a not politics affects every aspect of your life whether it is how many iphones you will buy based on government regulation or how much money you take home in your paycheck and it is intentional we have this culture talking about politics as not appropriate in mixed company when that is a tragedy. we should talk about it because it does affect us on every level

of our lives with the we want to admit it or not. stuart: when you are right. 5 ten second list of republicans take control of the senate? >> i am not so sure. i hope they do but it will be closed based on the polling and the races we are seeing being so tight it is going to be very close. i'm not willing to say they will win yet. stuart: come and see us again before the next two weeks is up because we want to see if you changed your opinion. thank you very much indeed. time is money. thirty-second, what we lined up today, mark epstein, there he is, new book out, he's going to join the company for the entire noon hour. we will get his take on the elections, senator elizabeth warren and a lot more. red meat for the judge, thousands of federal workers getting paid for being on administrative leave. also collect pension benefits too costing taxpayers $800 million. this story coming up. the teachers union on track to

spend a record $80 million in this election cycle. a live report on that at 12:50. the cdc issuing new guidelines on ebola. the white house ebola czar has not reported for duty but even when ron klain shows up, betsy mccoy is not convinced he is the right man for the job. more from betsy next. >> announcement about his appointment said they were choosing him because he would not allow protecting the american people to distract from fighting ebola in africa which they think is their primary mission. they have got their priorities upside down.

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if i did this to you, you'd murder me in my sleep. you know what? just watch it by yourself. (sighs) i can't not know when i know that you know. the latest episodes of the top 100 shows are preloaded and ready to watch with xfinity on demand. the one we can save this is a rally. etna the progress not for coke and ibm which are pulling the dow down but is 114 points. the bulls is investigating a possible the breach. no impact on the stock, down five senseless cvs is offering a new prescription drug plan. if you buy 0 drugs that another pharmacy, one that sells tobacco products it will cost you more. cepheus start selling tobacco products last month, the stock is up $1.82 today.

and we have the cdc, the centers for disease control issued new guidelines for workers treating ebola patients. the rules dictate what the workers have got to wear as well as the kind of training and length of training they attend. nazi mccloy is chair of tbetsy organization reducing infection deaths. when will the be trained? >> not anytime soon, probably never. a can't stop ebola. stuart: you know what is being demanded a you heard about it. are you saying flat out it doesn't work? >> they can't do it. is an unrealistic explanation. texas health presbyterian is a big, highly regarded hospital. there is no reason to gamble on

the fact that other hospitals will fare any better with ebola fans a did. no wiser strategy is to make sure hospitals can identify ebola and isolate the patient and call for help but be patients should be treated where current ebola patients are treated successfully with no infection of nurses and doctors and these four biocontainment units we have in the united states, georgia, maryland, nebraska and montana. those people practiced for years at doing this. stuart: they are competent and capable. >> they have the equipment. stuart: but if a patient is identified as a likely ebola sufferers or heat or she has got ebola, this is well away from the four hospitals. how do you treat that patient who has got it and how do you transport them? >> that is where the ctc and the new military unit comes in. they can safely transport the

patient, we know they can do that because nina pham endeavour vincent. stuart: diana hospital somewhere -- >> the diagnosis is not hard. one hospital messed up for a couple days but there is a test that can confirm the ebola diagnosis within a day and at that point that hospital where there is new york or cincinnati or some small town along her has the responsibility for caring for ebola because these hospitals can't do it. stuart: they fly in this team, they take charge be >> evacuate the patient to one of the containment centers. stuart: what is wrong with that plan? >> that is why we build those containment. stuart: what are you complaining about? is a rational plan. >> the reason the administration is not going with that plan is it hinges on one thing. you must control the inflow of potential ebola patients. you have to suspend these ups from these countries because -- can only handle 11 patients.

stuart: is not the plan to identify ebola sufferers, fly in of a team, isolate them, flying from -- that is not the plan? >> the cdc is trying to get hundreds of hospitals across the country up to snuff to treat ebola patients. andrew cuomo designated eight ebola supercenters. those hospitals will have a very hard time -- the plan is to expect hospitals all over this country to suddenly become ebola competent and it is not going to happen. stuart: that is interesting. thanks for straightening us out. thank you very much but we're back to you shortly. the big corporate news driving the markets today. here is the headline. apple knocks it out of the park. 3 million iphones told in a

week. i will put that in perspective maybe. can you think of another company that sold 3 million units of a single product that cost hundreds of dollars every week for three straight month? any other product you can think of? back in a few minutes.

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stuart: we had the numbers for about 16 hours. i am talking helpful. 4.3 million iphones. the iphone six will be were afflicted in the next quarter. that is about $3 billion a week. forecasting even bigger numbers next quarter. tom sullivan is with us. >> you know what this reminds me of, you go back to when they had a rollout of model cars every

september. the next year they would change it. it would be a big deal and everyone would want to go. the new car. the iphone5 works just fine. the six has a few little tweaks. >> i think it is the most important product in the world. can you think of another product that sells. million units a week and keep stuff that pays for 13 weeks? >> i will be back to innovators. with that row guard, henry ford did something new that changed the way we move around. instead of horses, we got cars. it has gone on for 100 years. i think the apple iphone is

changing the way we will communicate for years. your apple apps will not work on an android phone. your android apps will not work on an iphone. stuart: i have to spend a little time talking about the ceo of a french company. he died in a plane crash. this happened at an airport in moscow. this is dripping with what may be international intrigue. should i raise the issue of foul

play? >> they always take everything in. he was just at a meeting with the top people of the russian government. he was against all the sanctions. the weather was bad. they were diverging planes into this airport just a few hours before. snowplow driver, one report says he was drunk. the power controller was an intern. >> it sounded like a bad accident. stuart: i have to douse stocks. both coming with bad news.

we will be saying it on "varney & company" for months. look at the healthier alternatives. the full story on that coming up next. ♪ opportunities aren't always obvious.

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with your fox business brief. the dow is up 168 points. the nasdaq is up at the moment. let's take a look at some of the dow winners. ibm down for another straight day. it has been taking this week. right now it is up three and a half percent. cheesecake factory and mcdonald's. you are seeing these names to the downside. harley-davidson came out with results that topped. more "varney & company" coming up. ♪ [ hoof beats ]

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something safer... something greener. something the whole world can share. people come to boeing to do many different things. but it's always about the very thing we do best. ♪ stuart: i have to say, that is a solid rally. the running would be much bigger. there is a new low on ibm. let's get to the election, shall we? what a gop winner said it would be for the gop pipeline. >> either side the approval or

veto. stuart: that is interesting. rich edson is with us. >> i think that there is a solid chance. it gives president obama the chance of signing or vetoing the bill. they can design legislation. they can counter the presidents narrative. >> they will flood him with positive stuff and they we dare you, mr. president. >> they can talk about impeachment or something. huge investigations across the board. >> absolutely. they fully run congress. democrats can be effective.

six years of a do-nothing congress. remember, polls showed republican approval. stuart: hold on a second. let me bring in tom sullivan. i think it will be the republicans plan to put a whole bunch of bills on the president desk. that sounds like a pretty good plan to me. >> it does to me, too.

>> they have to be smart this time. stuart: thank you very much, richard. we will see you again soon. twentysomethings will vote in that the election two weeks from today. less than one in four. stuart: what do you make of that? i would be astonished at an incredibly low turnout. what say you? >> 44% of these young millennial's that are conservative are excited. they are ready to go out and be

conservative about these principles. >> there is only 35%. i think that is important to look at. a lot of millennial's are trusting in government. that is a huge piece of this. our young american foundation shows 60% of them are. that may be something that keeps them away from supporting anybody. >> okay. i there on the right or the left. give me the breakdown among millennial's. what proportion is on the right? what proportion is on the left? i will guess. what say you?

>> i think that was fair back in 2012. that is because they were jaded. look, nothing has changed. they were worse off than they were six years ago. i think that is something to look at. me being 25, i think that because i am on the right, more people should be that way. i am three years out of college. >> are you running for office? >> no, i am not. why did you want to say, i want to make that clear. >> i do not disdain it. i do think that right now, our

country needs real leadership. in order to do that, there needs to be a huge effort to reach out to these people. obamacare did not help us. now we are struggling and we have to pick up the tab for it. young people do not like big government. that is something that should be loud and clear to young people now. those policy makers out there really need to get the word out. >> why are you not running for office? >> i have better things to do with my time. >> i have teased a story and i have two get to it. >> we assume that millennial's are walking away from mcdonald's. is that true?

i do not believe a word of it. >> i do love a fast food burger. young healthy millennial's that are on the go will go elsewhere for a fresher meal option. a pod of them are into eating healthy. even salad places. a lot of people would rather pay seven, $8 for a decent healthy salad rather than going to mcdonald's. i think that is something to address here. >> okay. okay. stuart: i like mcdonald's. >> i personally like wendy's. i just went there a week or so. stuart: thank you very much,

indeed. >> thank you. >> mcdonald's, she is right. they want to customize their food. you customize it and it is more of a casual atmosphere. starbucks, you have your wi-fi. i believe that this generation, fiscal conservatives will grow because they will be stuck with the bill. social liberals will grow. stuart: okay. good stuff, tom. trying to shut down the sharing economy. what do they have against that what do they have against that air b&bs of this world? we will tell you about it next. ♪

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>> i have to put the air b&bs news to the side for a moment. air travelers from west africa can only enter the united states through five airports. the five airports that are conduct in those screenings. it is not a travel ban, it is a

restriction. , knapp duncan would have gotten through. >> in other words, the customs at lax, they have plenty of places. dallas is one of the five airports. this is a step. stuart: it says whose travel originates. this does cover someone.

, duncan went from monrovia. >> he would have been stopped under this new rule. >> he would have been passed through. stuart: it sounds good. stuart: we have a power packed lineup. lou dobbs on and international intrigue surrounding the death of an executive. judge napolitano, the judge, on $775 million of your money paid to government workers that were not working. fired up for this next hour. ♪

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we can come back tomorrrow. and we promise to keep it that way. driven to preserve the environment, csx moves a ton of freight nearly 450 miles on one gallon of fuel. what a day. can't wait til tomorrow. over 12,000 financial advisors. so, how are things? good, good. nearly $800 billion dollars in assets under care. let me just put this away. how did edward jones get so big? could you teach our kids that trick? by not acting that way. ok, last quarter... it's how edward jones makes sense of investing. ♪ stuart: are the republicans just not very good? that is a fair question.

the gop should be a shoe in. the performance of our government has been appalling. americans beheaded. shrieking middle class. we have to start it with obamacare. they mock a republicans will chair. we should be talking about a return of prosperity. let's see if mark stein can get the debate back on track, shall we?

stuart: new information on ebola happening now. they can only enter the united states through five airports. you have three west african countries. >> i am happier. it is not as good as an out right ban.

>> overall, it is a terrific agency. they are making far more political statements then they are making political judgments. the way in which a man who was at the forefront of alarming the nation and indeed the world on what was happening in west africa, he did not prepare his own agency. >> this is not a travel ban. >> it is a restriction. >> get tested at one of those five airports.

>> you have been covering this president now for six years. >> often, very awkward. >> there is no reason for any of us to expect better of it. effectively, what they are saying is, you will have to continue doing what you are doing. [laughter] stuart: you went to harvard. i know you did. [laughter] >> i have mark stein here. you trumped him. >> i feel a lot better about our

relationship. what do you make of this travel restriction as opposed to a flat out travel ban? >> obama react did behind. you have to get ahead of it. that is the whole nature of infectious disease. one person, on average, a and fax to other people. if those two nurses in fact to other people -- that is the disease of getting ahead of you. you get ahead of the disease when it takes to infected people to infect others. the president is always playing catch-up. he is always doing just enough to get over it the next political pump.

it wipes out a third of humanity. they have clarity on these new restrictions on travel out of west africa. we are a financial program. >> a little warmer. more comfortable. i like it.

>> we are up 171. look at ibm. i believe that is a new two-month low. that is hurting the dow to the tune of 200 points. lots of stocks on the move today. a fabulous quarter for apple. revenue forecast to about over a quarter of a trillion dollars in the next year. mcdonald's, their numbers were not good this morning. it looks like numbers are turning away from mcdonald's. show full day, sales up. they say that their growth rate is going to slow down. they have also been downgraded. a warning from coca-cola's management. you get all of this bad news from big names.

let's get to the election. less than two weeks ago, mark stein still here, stein has a new book. it is called the undocumented mark stein. let's talk about the elections for a second. >> i think you had a big wave in 2010. if you have a situation, you had a fantastic election that had no consequences. i really find that the most disturbing aspect of the mood a couple weeks out. it is kind of a fatalism. enough to call the gop in this or that. you do not feel the overwhelming

energy and populace pushed back four years ago. four years ago, the people push back and obama said i will go ahead and shop obamacare down your throat anyway. >> i say that has been here for three or four years now. hoping to change the aspect of this administration hit rather quickly. you are watching a president that is a unilateral.

stuart: this is what he said in response to elizabeth warren urging supporters to take back the country. >> she means take it back and [bleep]. stuart: i am not quite sure stuart: she has been clever without and throughout. she has focused. we are used to the left-wing democrats. it apparently is passé for many

of them. they are moving to the issues i have urged republicans to embrace four years. they are every bit as indispensable to this countries economic foundation. certainly as any capitalist or any elite manner. >> people who report their businesses better over like a relation alone in this country is 10% of gdp. that is the entire gdp of canada and flushing it down the toilet

and paperwork. you want to have enough for a three-bedroom home. it is not asking to live like elizabeth warren or bill gates. that is slipping further and further. >> they are now vacant. the middle-class has been crushed. there is no focus. it is great towards the various segments of our society. >> i will go completely in another direction for a second. the ceo of that french oil company died in a plane crash. it happened at the airport in moscow.

it crashed into a snow removal truck. the driver of that truck, apparently drunk. we should not look at any foul play here. those kinds of coincidences sometimes are not doing that. the fact that toe tell is a principal investor in russia's oil future. the largest, in fact. the idea that putin would have some sort of a hand in his death, i think it is such a good partner. was such a good partner with the

russians. >> i think putin is at that stage of his reputation. even if he does not do anything. arranged for a drunk, russian snowplow driver. sadly, that is not that unusual. one of those magnificently devious continental issues. >> entrepreneurial? [laughter] >> on principle. i think that is what it is. >> what is fascinating to me about this is the civilized world. a lot of these people, like this guy, you live in paris. you live in the first world

life. you are on your plane jetting off. because it is not -- because it is not lax. some drunk with a snowplow is in the middle of the runway. it teaches you an important lesson. stuart: okay. what time is your show on tonight? 7:00 p.m. eastern. >> thank you very much. the thousands of federal workers. they still get paychecks. they cost you $800 million. how do you stop that? all rise, the judge is next. ♪

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stuart: if you are just joining us, the homeland security department has just lifted restrictions. wide-area, s lyons -- they can only enter the united states at five airports. it is not a travel ban. it is a restriction.

whether or not this restriction would have stopped thomas duncan from coming in. check the big board. this is a rally. up 172 points. it would have been more. s&p 500 a very solid game fair. one and a half percent. the price of oil, $82 a barrel. $3.09. that is your national average. down $0.01 per day at the moment. your tax dollars at work. stuart: thousands of federal workers are on administrative leave. some have woken the rules, but they still collect those paychecks.

$775 million over the course of three years. judge napolitano is here. >> there is nothing that we can do about it. >> the president is firing people whose politics they disagreed with. so in order to compensate for that, if you read the simple service statue, it sounds like a collective bargaining unit. congress has written statutes. it would take the political will to do that. as outrageous as this report is, it is true.

these people cannot be fired unless and until a case against them has been proven. being put on paid administrative leave. 4000 between three months and one year. 263 have been on this paid administrative leave. >> the only good that can come from this, as i said, it will require political will. >> 3 million people. that is 1% of the population in terms of numbers. an extraordinary influence on the people that work. americans say, well, they need to liberate their labor markets.

the government operates a french labor market. you take two people that went to the same town. one is a teacher and gets to retire at 55 with fantastic benefits. though one next door has two, in the a forementioned hardware store has to work. eighty-three to pay for the so-called public servant lifestyle. eventually, that is the biggest divide. stuart: you are right. >> that is an accurate and telling description.

it is the fault of people and bold clinical parties. >> for the sake of votes. they want to change the statue. >> i dow that harry reid will let them. >> the judge. thank you very much, indeed, serve. a lawyer who says she should sue. not only the hospital, but the cdc. ♪ go ahead and put your bag right here. have a nice flight!

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stuart: our next guest says, amber vinson, the second nurse infected with ebola, could sue her hospital and the cdc. here to make the case is trial attorney heather hansen. all right, heather, first of all, how could she sue the hospital? on what ground? >> it is challenging but she would have to sue them for gross negligence. workers' compensation law covers when nurse wants to sue a hospital. texas has strongest tort reform than any state in the country. it would be pretty strong to bring case. they would have to be grossly negligent, it usually is family member died from a employer's

gross negligence. she has major hurdles to sue the hospital. stuart: you about the hospital has apologized for the way it handled this ebola case. isn't that tantamount to admission of guilt. >> probably because they know their exposure is really limited, stuart. great to apologize, when you know you are covered by tort reform in medical mall rack tis world, texas has humongous tort reform but she will be compensated on workers' compensation law. the cap is very low. stuart: what she could go after is a lot more money, is what you're saying? >> to look for the money, she will have to go outside of suing her employer most likely, the word is, she did not tell the whole truth to the cdc on getting on the frontier airlines plane from cleveland down to dallas. she was economic al with the truth, let's me put it like that. therefore she can not sue the cdc. >> if you believe that word. if that ask the word. there are reports that she

called cdc, she has this attorney, billy martin a very well-known defense attorney who came forward to represent her. she has since hiring him said she called three times and reported her fever as 99.5. and she was told that due to the fact that the cutoff point is 100.5 she was safe to fly. if that is true, there is precedent. in 2007, there was a man named andrew speaker who flew after testing positive for tb. the cdc reported his name and certain characteristics about him. he sued via the privacy act saying that they disseminated information that they were not entitle to dissymphony nate. that type of case here, if the cdc head is saying that things that are not true, intentionally, inaccurate information, under the privacy act, she has a claim. stuart: seams to me that she has lawyered up. i thought it was to be defensive. >> defense is a good offense. stuart: she could be sued by the bridal gown store in cleveland, which she visited and had to be

closed. she could be sued by frontier airlines much she got even on though she got symptoms. isn't defensive as well as offensive? >> absolutely. stuart: everybody will sue everybody. >> i know judge napolitano was on yesterday -- stuart: you take a third of the money and plus expenses. >> listen, i think the attorney who stepped in for her is probably dueing this at no expense, she is really -- stuart: no. he is stepped in, not for, doing it for good publicity. >> perhaps. stuart: in front of the cameras non-stop forever. >> stuart, nurses, i represent medical professionals and nurses are first-responders. the fact you have this nurse being blamed for everything here, when if it is true that she cleared it through the cdc, it's a shame and it is something that she should be able to recover for, especially if she will turn around and sued by frontier airlines. stuart: at the end of the day, lawyers are the only ones who will actually make a significant amount of money. >> that may well be the case. stuart: i thought some at least you're honest.

heather hansen, honest trial attorney. >> that's right. thank you, stuart. stuart: good stuff. thanks. stuart: we're coming down to the wire. midterm elections, what, exactly two weeks away. do-or-die for the republicans. and it is their race to lose. we discuss that next. ♪

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stuart: if you are just joining us, the homeland security department placed new restrictions on air travel from west africa. passengers that originate in the three west african countries, liberia, sierra leone and guinea. it is not a travel ban. would thomas duncan still have gotten here had those restrictions been in place when he came? we'll have clarity. that is a promise. the other big story of the day is that. it is called a rally. rally, positive for the year,

2014. nice gain, up 1%. apple, is up 2%. 39 million iphones sold in 13-week period! $42 billion in revenue in 13 weeks. that is when the iphone 6 sales hit next quarter. still with me. do you have a flip phone? >> yeah, i do, my kids have, i have the non-smart, i have the non-smartphone. i like the feel of an ear thing and a mouth thing. would i have, like the victorrian things, hello, central, get me pennsylvania 65,000. i would love to go back to that, i do have a film phone and i'm -- stuart: waffling. styne, you're waffling. >> i don't miss the smartphone. everyone has a smartphone. stuart: why don't you have a smartphone. i know. you're a conservative and you hate change.

you hate idea of changing that from this dumb flip flown that you've got to something good like an iphone. >> it is acting thing. i like, you know this movie act something terrible since people can't smoke as they do dialogue now. for me the flip phone, so i go, yes, start, i think the ebola situation is the abouting -- i think the motion of it improves quality of dialogue. stuart: i'm tempted to buy you an iphone 6 but i'm so cheap i'm not going to do it. stay there, steyne. next tech story reporting after the bell today. expecting a profit. they own a big stake in alibaba. right now the stock is there at $40 a share. later on today maria bartiromo has special coverage earnings, 5:00 p.m. eastern on the fox business network. please look at mcdonald's, the stock that's. it is down a little bit today, $91 a share. quarterly earnings out this morning. didn't do well. look who is here.

jeff flock. where is he? pronounce 24? today plains. des plaines. >> desplains from west africa coming. stuart: flock, how do you pronounce it? >> des plaines. des plaines. stuart: i knew it. at the first mcdonald's to open, fast-food not doing well. you see young people boeing in there? young people going in there? >> it was turned into a museum. actually that is appropriate this is ray kroc's first mcdonald's. they rebuilt it to the specifications he had in 19556789 it is now a museum. that is what mcdonald's is doing. i got off the conference call with the don thompson, ceo with mcdonald's. he said, quote we're very disappointed. if you put up the same-store sales. the forecast was in the u.s., down 3.6%. they were actually down 4%.

so what are they doing about it? thompson says, starting in january they're going to simplify the menu. at the same time they are going to give franchisees more freedom to customize the menu. i'm not sure i understand that. but that is the strategy, stuart. stuart: i want the dollar menu. i want the food to be really, really fast, and i do not care about customizing to my own personal taste. i just want to walk in, pay, leave and eat. that's what i want. go. last word to you. >> here is what, here's what you actually want. see that up there? that sign? 15 cents for a burger. that is what you really want. stuart: yes. >> those days, my friend, are over. stuart: i know they are. flock in des plaines. thank you very much, indeed, flock. so, you eat mcdonald's don't you? i know you do. >> i obviously look like a mcdonald's. you said you want your fast-food to be fast, starbucks is fascinating thing. coffee used to be, sit at a diner, say to the waitress, give

me a coup of joe and pour it for you would be 10 cents. now you go to the starbucks around the corner from fox, stand in line, 70 minutes, frothing, do you want cinnamon on it. do you want chocolate, zebra muscle, want pepperoni and coffee is the ultimate slow food. and i don't want to overburden this metaphor, but in terms of national sclerosis, i think the fact it takes 18 minutes to get a cup of joe is where we're headed long term. something like that mcdonald's model, the plastic seats, so uncomfortable meant to eat up and clear off. stuart: yes, yes. >> they're not counter to any human buttock. they're designed. been there six minutes, it is already getting uncomfortable. clear off to make room for someone else. the starbucks, model hey i will have a cup of joe. i will come back in three hours time after i mellowed out listening to the starbucks compilation cd of 20 some moric

tunes to go with the world's slowest cup of coffee. my book -- stuart: get to the book. >> i completely forgotten to plug the book. i have a chapter on coffee house culture. the coffee house culture in london in 17th century, invented capitalism. stuart: i wonder where this is going. from mcdonald's to coffee houses. >> 18th century coffee houses in paris, where russo, fashioned out enlightenment. we go to coffee house, to spend 20 minutes standing in line for decaf, eurasian macatoo with a sheryl crow compilation cd? >> what is the book called. >> the compilation of -- stuart: that was a pretty good riff there. how about apple, potential, limitless. selling three million iphones a week.

incredible. wait until we get the numbers on the iphone 6. up next, one of our resident stock-pickers who has been recommending apple shares for years. i research. i dig. and dig some more. because, for me, the challenge of the search... is almost as exciting as the thrill of the find. (announcer) at scottrade, we share your passion for trading. that's why we rebuilt scottrade elite from the ground up - including a proprietary momentum indicator that makes researching sectors and industries even easier. because at scottrade, our passion is to power yours. to build something smarter. ♪ some come here to build something stronger. others come to build something faster... something safer... something greener. something the whole world can share. people come to boeing to do many different things.

but it's always about the very thing we do best. ♪ but it's always about the very thing we do best. my motheit's delicious. toffee in the world. so now we've turned her toffee into a business. my goal was to take an idea and make it happen. i'm janet long and i formed my toffee company through legalzoom. i never really thought i would make money doing what i love. we created legalzoom to help people start their business and launch their dreams. go to legalzoom.com today and make your business dream a reality. at legalzoom.com we put the law on your side. >> i'm nicole petallides with your fox business brief. off the highs of the day but still holding on to stellar gains. the dow jones industrial average is up 167 points. that is up 1%. and the s&p 500 up 1 1/2% at

1933. nasdaq up 1.7%. look at some dow winners. chevron, disney, caterpillar doing very well. those are some dow winners. take cvs health off that. apple a winner. great revenue growth. momentum likely to continue into the new year according to the analysts. record sales. the stock is up 2.1%. steel dynamics heats up. came out with demand that has been growing. brought the whole group to the upside. u.s. steel is up 4 1/2%. ak steel is up 3.7%. those are some of your stellar winners on wall street. much more "varney & company" coming up.

stuart: the stock of the day, apple with fantastic earnings. michael, here is the question, will the stock get to $142 a share soon? because $142 a share is equivalent to $1,000 a share before apple split? >> i'm sticking with original protection of labor day 2016. only thing was weak was ipads. we expected that. they can't keep the iphone in stock. they generated 59 billion, a little more than in in cash in in quarter. they're generating more cash than just about anybody else in the world. stuart: what are they going to do with that? i think they have 160,

$170 billion sitting in cash, most of it overseas? any ideas what they will do with it? >> continuing stock repurchase program is good. i think 155 as of today, stuart. this is an important point. that money is not burning a hole in tim cook's pocket. these guys are incredibly focused and disciplined. they keep on improving operations. gross margins are up. they make the best-selling, the best phone in the business. and untold story is, they have got the best sales increase in the personal computer industry. mac sales are up 21% year to year. no one else is doing that. >> okay. michael, you've been a huge supporter of apple for many, many years. you just taken a victory lap. you deserve it. >> thank you. michael robinson, said it will go do 142 soon. michael, good stuff. two weeks to the midterm elections. new polls out from "politico" out this morning. 57% of voters in battle ground

states disapprove president's handling of economy. next one. 64% of voters in battleground states say things are out of control? that is pretty extreme. fox news contributor pete schneider is with us. you're a pollster, have you ever heard language out of that, out of control? >> early in my career, stuart, i was before i got into the technology industry and i've got to tell you, i've written, read, seen, hundreds of polls over the years. never before have i seen that kind of language. or the fact that we're asking voters whether things are out of control and 2/3 are saying they are? i mean we're not talking about about president obama is doing a good job or not. we're talking about degrees of failure here. this is unprecedented. stuart: what are the key issues that make people spend like this? 64%, out of control. what is the issue here? >> well i think it is, what aren't the issues, stuart? isis. obamacare.

ebola. the irs scandal. every time you turn around there's another example of washington and more so, the obama presidency being incompetent. look at the way president obama campaigned in 2008. every single problem in the world was blamed on george w. bush and his management. today, voters in both parties view him as less competent than george w. bush. that is -- stuart: why are republicans running away with the senate races to give them flat out, easy, control of the senate, guaranteed? why isn't it not like that? >> well, stuart, i think if you look at some of the models out there, heck, look at "washington post" model, not a liberal rag or conservative rag by any means, they say republicans have 95% of taking back the senate. i think everywhere you look it is pointing towards republican wave and, real republican control come november. stuart: that's important because when he used the word wave,

that's a political word. that means, like a tsunami of support for the republican. it is not just a movement towards them. that's a tsunami crashing over the democrats. you think it's a wave election? >> it is brewing out there, stuart. i do believe it is going to be a wave. you look for republican candidates, their best surrogate out there, is president obama himself. he is, almost bidennesque. every time the guy opens up his mouth he is creating problems for his democratic candidates. yesterday he was talking to al sharpton and said, hey, look, these guys can push me to the side but we all know that they have been supporters. they have backed me 100%. that is going to cause a huge problem for mark warner, who tries to fancy himself as independent but having one heck after race in virginia. ed gillespie is gaining on him really rapidly. stuart: pete snyder, thank you.

mark steyn is with me. mark, we're up 160 points, two weeks to go to the election. generally speaking if we get a republican sweep in the senate that is very good for the economy and good for the market. what do you say? >> wealth fascinating thing, i don't think it makes much difference to obama because obama -- stuart: no, it doesn't, that's right. >> obama isn't interested in working with the republicans. he doesn't even work with his own party so -- stuart: if the republican win the senate, take control of the senate, they're going to flood a whole bunch of bills, put them on the president's desk, saying we want energy reform. we want tax reform and dare him to but. >> but he will take that dare, i think he will take that dare because it is all about him. and, you know, the key word there, i think, was incompetence. that there are competence issues. these are all competence issues. and, people are losing faith in the political class. i mean the cdc is not the dmwv.

-- dmv. people thought this was elite federal agencies of global excellence and turns out it is the dmv with test tubes. it gets everything wrong and bungles through and doesn't know what it is doing. the idea that somehow a screener at dallas airport will test thomas duncan for ebola i think is fairly ridiculous. these are competence issues about the public trust in government. stuart: true. i wonder if part of this rally is republicans are looking very good to win in november? >> i think that's true. but i think that is priced in with low expectations. stuart: interesting. mark, stay there. we're not through yet. those, the teachers unions, spending tens of millions of dollars trying to buy the midterm elections, that is wrong but we'll deal with it in a moment.

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this election cycle the most they spent in any election. fox news's mike emanuel, what is this about ads slamming republicans from the teachers? >> stuart, one place where teachers are spending heavily in the arkansas senate race. republican tom cotton opened a five-point lead in democrat mark pryor in "real clear politics" average of polls. teachers unions are providing help with ground game and tv ads, spending 1.$6 million on this race alone. running ads like this one, called takeaway, showing a teacher going after republican tom cotton. she rips cotton for wanting to deprive students of the same federal loans he used to attend harvard university. cotton says, he favors local banks handling student loans over the federal government. in north carolina, republican thom tillis, battled with teachers unions during his time as house speaker there. the "real clear politics" average of recent polls has democrat incumbent kay hagan up

barely by 1.2 points. tillis has been attacked by teacher union ads and responded in a recent debate. >> simply false. since 2011, we're spending a billion dollars more a year on education. this year we provided an average 7% pay increase for teachers. >> still ads are likely to continue until election day stuart? stuart: yes, they are. more from mark steyn's new book next.

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stuart: it is from marc stein. man of many talents. put that book up, please. on sale right now. is that why the republicans will not necessarily run away with

this election in november? >> tuesday mornings in november every couple of years kind of make a big dent in that. >> i will go off the cliff with all the rest of you. you all-american apple pie types. stuart: deirdre, i am very sorry. >> that is all right. thank you very much. apple's iphone six made for a great quarter. passwords and personal data at risk in china. yahoo! close to buying a $700 million ad tech company. private equity firms opening up. what it means for you and individual investors overall.