estimates for oil prices. the european stress test, of course, the ecb failing 25 banks in europe got some pressure as well on the banking stocks today. that'll do it for us on "opening bell." thanks for being here, it's time for "varney & company." stuart: thank you very much. the trend is the republicans' friend. they're looking up in the polls. eight days until the election. good morning, everyone. today polls in three battleground states show republicans gaining momentum and leading their democrat opponents. the "wall street journal" poll shows a big lead for republicans with likely voters. and "the new york times" says polling favors the gop. this does not appear to be helping the market at this moment this monday morning. ebola, the oil selloff and european bank problems, they're keeping a lid on the stock market for noo. but there is a political shift taking place from government to private enterprise, from left to right. up next, votes, ebola, lone wolf terror and your money. "varney & company" is about to

begin. ♪ ♪ stuart: let's start with the markets this monday morning. the dow turned positivv five minutes ago, now it's three points down. i'm going to call it dead flat. energy stocks, of course, they are acting as a drag on the dow. exxonmobil, oth of them doon. the dow is suffering because of what's happening to the price of oil. goldman sachs, by the way, says oil is going to go down to $75 a barrel, and look at it now, $80.17. literally 60 seconds ago it was at $79.50. so oil has broken below $80 a barrel as of this morning. goldman says it'll get down to 75. that is where the real market action is this morning. now look at the price of gas. good news for you today. it's still falling about a penny a gallon a day. the national average for regular and as we do every day, we tell

you where the cheapest gas in the nation is. the exxon station -- or one of them -- in memphis, tennessee. look at that, $2.39 for regular. i'm sure you've got to pay cash. it's monday morning, so here's your ebola update. the nurse who is being quarantined in a hospital in newark, new jersey, released. she will be taken to a house in maine -- her house, i believe -- by private transportation and monitored for the remainder of the 21-day quarantine period. new jersey governor chris christie is coming under fire for the mandatory quarantine for those returning from west africa. so is new york's andrew cuomo. cuomo has backed off, chris christie has not. the pentagon imposing its own 21-day quarantine on soldiers returning from the hot zone. peter barnes, this is the pentagon versus the white house on this quarantine period, isn't

it? >> reporter: yeah, stuart. and just to be clear, the pentagon has not formally decided this issue, but it is definitely creating at a minimum an awkward moment for the white house and president obama which, as you just mentioned, opposes these mandatory 21-day quarantine periods on ebola in new ork state and in new jersey. but sources are telling our colleagues at fox news that last week the joint chiefs of staff recommended to defensechuck hags returning from west africa undergo a mandatory 31-day -- 21-day quarantine, the very same policy decision the president is fighting in new york and new jersey. the sources stress, however, that secretary hagel has not made a final decision on this just yet. stuart: yeah, but it is a standoff. >> reporter: oh, yeah. stuart: the prrsident says, not so. not for people returning from west africa. not so. >> reporter: that's right. and the president is the commander in chief, so he has a

small rebellion going on among his generals. stuart: you've got it. peeer barnes, thank you very much, indeed. back to that nurse, please, she has been released, but she still says her mandatory quarantine was a violation of her civil liberties. let's bring in judge andrew napolitano. can the state confine someone in the interest of public safety without getting a judge to say you, nurse, are in quarantine? >> may i modify the order -- the question slightly? or without evidence that the person is contagious. answer, no. and i think governor christie understood there's only 15 federal judges in new jerssy. he, like i, nybody in the legal community can give you an -@evaluation of all of them, noa single one would have let her stay in. all 15 would have ordered her release the minute the papers were filed becauseethe state had no basis to quarantine her other than the place from which she came. if they had tested her bbood -- stuart: but if that's the incubation period of this deadly

virus, isn't that a commanding public safety need? >> no, it is not. in the face of her or -- stuart: well, it is to me, judge. >> it's not under the law, and i think governor christie realized the minute he was challenged, he'd lose. if the government wants to test, some sort of preliminary test, everybody that enters the country from a certain region at the airports, it may do so voluntarily or involuntarily whether it's a swab of the mouth, sweat, blood, whatever it may be. but it cannot restrict the civil liberties of an individual without some evidence that that person is contain juice. stuart: wait a second, that doesn't fit what's going on -- >> it does because, as i understand it -- stuart: they've got a 31-day in-- 21-day incubation period. they might arrive at the airport and not have any symptoms, they may have two days later. >> it is not communicable without the symptoms. and the government cannot

confine prior to the onset of the symptoms. if the government wants to confine prior to the onset of the sympttms, it would have to change the constitution which is not going to chaage overnight -- stuart: why don't we update these statutes to take account of modern medicine and modern findings in science? >> well, you would have to ask the governor that. i mean, did governor of new york and new jersey do this to politically grandstand, or did they do this because -- stuart: i don't care. >> they thought they were keeping people safe?% stuart: i don't care. i'm concerned with public safety. if you've been to the hot zone and arrive back here in america and you don'' show symptoms, we can't hold you. what about those who come back, develop symptoms after they've been tested and pass this thing around to everyone? >> those people in those circumstances could be confined for 21 days. stuart: no. no, they could not according to -- >> if they have symptom ises,

absolutely. anybody watching this could be confined. -@stuart: they may develop those symptoms later and pass this dread disease on. >> here's what the government -- no, the public safety does not permit the intrusion with the presumption of liberty prior to the onset of -- what are you laughing at? stuart: i'm laughing -- >> this is not great britain where there's no constitution, my dear varney. [laughter] stuart: you always argue constitutional principles, as you should. >> thank you. stuart: you have legality. i've got the public safeey -- >> i understand. here's the practicality, here's what governor cuomo is doing and what governor christie should do, although, candidly, he's lost control over this woman. she's in maine. she's the problem of the governor of maine. governor cuomo has ordered that there be testing on a daily basis, and the moment there's a positive test, then the quarantine begins. that, the government can do.

but this is done at her convenience, at her time and in her home, not in a jail or a hospital or someplace from which -- stuart: actually, the nurse from new jersey was confined in pretty bad -- >> yes, she was. which was another reason they -@would have ordered her releasd immediately. look, in this country, even in great britain if i may, we have the presumption of liberty. it is the government's burden to interfere with that presumption. it's got to do so by evidence or by law, not by fear. stuart: you win on principle, i win on practicality. [laughter] >> i thought i was pretty eloquent just now. [laughter] stuart: i think you're going to come back with more later. >> if you'll have me. stuart: we'll have you. >> the next one we'll agree on. stuart: oh, yes. >> irs -- stuart: okay. just save it for a second. >> okay. stuart: much more on the ebola story in our next hour, of course. dr. david su madty is going to join us. he's been outspoken in his call3 for a travel ban, so does he agree with quarantining this

particular nnrse in top of the next hour, coming up. and staying with ebola and your money in this particular case, come on in, nicole. those roller coaster ebola stocks, where are they? >> indeed. some of these are small caps and micro caps, so they can be extremely volatile. you have to be careful, be ready for the roller coaster ride. looking at masks, goggles to protect you, alpha pro, down sarepta, chimerix, drugs, vaccines, they are to the downside today. lakeland, those are the hazmat suits. don't forget, we have the state department ordering 160,000 of those suits and probably more since then as we continue to follow the story. buu i have to say, when you talk about the long-term gains here, you have lakeland up 92% for the month of october. anybody would take that return, right? that's huge. and alpha up 33% this month as we continue to follow each and every ebola case. stuart: yep, you've got it. thanks so much, nicole.

more ebola headlines for you. in new york city a 5-year-old boy who'd just beennto guinea, that's west africa, being monitored at bellevue hospital where dr. craig spencer is being treated. the child has a fever. no posittve ebola test at this point. as for dr. spencer, he's still in stable condition. his fiancee is still under quarantine in her apartment in manhattan. now this, another example of the irs going after regular business people. with no proof of wrongdoing. the latest case comes from iowa where the owner of a cash-only mexican restaurant had her checking account seized all because she deposits less than $10,000 in cash at a time on a regular basis with her bank. judge napolitano till here. [laughter] still here. we are going to agree on this. >> this is really a terrible statute and a terrible interpretation of -- here's the back story. the statute formerly prohibited

willfully structuring your deposits so that they were under the $10,000 limit because, as everyone probably knoww, if you deposit $10,000 or more in a bank account, the bank -- not you -- the bank so bligeed to report that to the -- so bligeed to report that to the irs. so a lot of people were depositing $9,999 over and over again, so congress wrote a statute prohibiting the willful depositing of it. first erson convicted under this statute was convicted in federal court, upheld in the circuit court of appeals, conviction thrown out by the supreme court of the united states because the supreme court said willfully means willfully intending to violate the law, not will thrill intending to make the deposit. what did congress do? removed the word "will thrill" from the statute. so now anybody who willfully, negligently or ignorantly makes deposits slightly under $10,000

is presumed, on a regular basis, is presumed to be violating the law, and the irs can seize that money until the decision is made whether or not to prosecute them. stuart: well, let's bring up a case that you and i discussed on this program sometime ago, the story that we had earlier. we had a woman on the show earlier this year, actually. her family's grocery store in michigan was targeted by this irs law, if you want to call it that. just listen to the lady. did they seize everything that you've got in the account? >> yes. stuart: what did they say to your dad when he was in the store? >> they accused him of money laundering, and they asked him why he made cash deposits the way he did. he answered their questions, and they said they've seized his bank account. stuart: now, judge, it took that lady months to get her money back, and she was responsible for the legal costs of getting her own money back. >> yes, yes. the government does not reimburse your legal costs except under certain narrow --

stuart: it's outrageous. >> story in "the new york times" yesterday about which you spoke, this woman is effectively out of business. it wasn't a great deal of money, it was $35,000, but it was her entire operating account. stuart: yep. >> she couldn't pay her employees, vendors, land lord as a result of what the irs did. stuart: the irs now says it wil% curtail the practice but not end it. in other words, it's still in force. >> i blame the irs, but more than that i blame the congress for removing that word "willfully." the word ought to be in every the government should have to prove the willful intent to violate the law so that innocent people are not ensnared -- stewart stuart oh, i would go much further. congress should have had said you tell them why you're taking the money and bring them before a judge. what's wrong with that? >> in this country the money should not be taken before conviction. stuart: thank you. >> no one should pay any penalty

who is still innocent. that's been the law in united states and in great britain for at least 750 years. enough said. stuart: is that the magna carta? >> yes. stuart: glad your knowledge of british history is up to speed. >> 1215, magna carta. king john reluctantly signing it. stuart: he was forced to. will[laughter] are we done? where was it signed? arondale. check the big board -- [laughter] look at the big board, we're 23 23 -- 22 points up. finally, we turn positive. let's get more on the midterms which are coming up. republicans trending up. what does that mean for your money? we discuss that in a couple of minutes. also, senator dianne feinstein warning that more lone wolf attacks are coming and that radicalization by the internet is a major reason why. question: what are we going to do about this? k.t. mcfar lane after this.

e are two reasonwhy i need to keep an eye on mylth. at's why i te metabiotic, a daily probiotic. w multihealth metabiotic with bio-acte 12 is proven to help suppt healthy mune system. experience the meta effect with our new m-health wellness line. with our new m-health your customers, our financing. your aspirions, our analytics. your goals, our technology. introducing syhrony financial, bringing n meaning to the word partnershi banking. loyalty. analytics. synchrony financial. agage with us. stuart: and breaking news from the top of the hour, the pentagon has its own 21-day mandatory quarantine policy for soldiers returning from the hot zone, that's what the joint chiefs want.

it's not policy yet. however, the white house, the administration has pressured the governors of new york and new jersey regarding their 21-day quarantine period. the pentagon hasn't made that final decision, but they seem to be at odds, pentagon versus white house, do we or do we not have a 21-day mandatory confinement period for those coming back from west africa? do we or don't we? k.t. mcfarlane is here. looks like a total split here, what's going on? >> i was at the pentagon last month and off the record people said, you know, we're really concerned. we're not getting adequate training to go over to the hot zones even though we're told you're not going to be near patients, we're concerned about it. and what happens if somebody comes home and does test positive for ebola? who's paying for it, right? it's the military budget that pays for it. the military often living in close, confined quarters. what are they going to do? that stuff spreads. so the military has to look at it from the perspective of i'm not sure we're really being

protected, two, we're always the guys who are told to goodo something because we're the first responders. we follow orders and we do it. and then finally, they're going to be responsible if something goes wrong. stuart: stay there for a second, k.t., i've got to deal with some business. the big board, we turn positive a few minutes ago, up 11 points. the price of gold this monday morning, where are we? 1228.10, that's the answer. a broader based market indicator, s&p 500, down .15%. the nasdaq which has been rallying nicely recently is down four points. hardly -- no big decline there, .1%. the ten-year treasury, what is the yield? 3.28. sorry, it's 2.25. riggt on the button, right there. "the new york times" reporting that cvs and rite aid have disabled apple pay in their stores.

look at cvs and rite aid shares. they are considering using a competing system from another company. walmart, best buy use the same system. look at apple. it's far too early to say that this is a bad sign for apple pay, and the market reflects that, up just a fraction. but at 105 per share. the terrorism, terrorism and lone wolf attacks, senator dianne feinstein, democrat, warns that more atracks are -- attacks are coming and radicalization of the internet a big reason why. fox news national security correspondent -- analyst, let's get that right, k.t., back >> thanks. stuart: what are we going to do about this? do we have the means to surveil our population and look for lone wolves? and are we allowed to do it? >> well, the director of the fbi, james comey, came out a week ago and gave a speech saying he's concerned we're not doing this right, that the laws aren't there and the technology isn't there. for example, you and i from your cell phone, you'll go from your

laptop, then you're going to go to your ipad, and you're circliig around all of your platforms of technology. the intelligence community needs to be able to look there, too, because if you're looking -- stuart: and they can't. look, this is all about profiling, isn't it? are we allowed or not allowed to profile certain groups of people who may pose a threat to our society? we're not, are we? >> no. and the point is, it's nnt racial profiling, it's not ethnic profiling, it's not religious profiling, it's profiling people who have behavior patterns that have been associattd with terrorists. we say we're going to treat everybody alike and take all d spread them across the continent, and 350 million people we're going to look at. we're going to treat granny the same way we're going to treat somebody who may have traveled or visiting jihadi porn sites. jihadi porn, by the way, is beheadings. we need to focus on the people who are going to these web

sites, people who are slowing -- stuart: will president obama do it? >> no, the attorney general has come out against it. the nypd used to have a unit that talked about demographics and looked at people who might be participating in or having association ises with, we're not allowed to do that. we're going in the other direction. we should be going in the direction of saying we are going to look at those people who have characteristics, and we are going to really look at it. why? because every one of the attacks we've seen whether it was the guy with the hatchet in new york, the canadian attacks, whether it was the tsarnaev brothers in boston, after the fact people have gone back and said, you know, he did this, he did that, he did this, why did we not look at that before? >> 6,300 jihadis live in germany it was announced this weekend. they're looking closely -- >> you better. stuart: k.t., thank you very much. up next, hillary clinton has a message for you. don't let anyone tell you that corporations and businesses create jobs. what? [laughter] we will play the sound bite in a

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stuart: updating the ebola news this ho, the nurse who returned from west africa to be placed in mandatory quarantine has been released. judge napolitano told us earlier, though, she still has 3 civil liberties case against the state. the family of thomas duncan,

first e ebola case in america, e family is considering legal ootions as well. in our next hour, do they have a negligence case against the state of? liz macdonald has the answer to that one. republicans trending up, but hillary clinton pulled out the collectivist narrative at a campaign rally for martha coakley in massachusetts. look to this. >> don't let anybody tell you that, you know, it's corporations and businesses that create jobs. stuart: i'll repeat that: corporations and businesses do not create jobs. you can bet steve moore from the heritage foundation has something to say about that later. you're going to get my take as well as steve moore's. you know what we're going to say. corporations and businesses corporations and businesses do not create jobs. really? seven days and 12 hours, i

should say. the trend is up for republicans. running away from the president obama is a winning strategy for democrats. the answer is next. ♪ are we still ofor tomorrow? tomorrow. tomorrow is full of promise. and we promiseo keep we can cit that way.orrrow. cs how tomorrow s. what a day. can't wait til tomorrow. that's t way i look at life. looking for sothinbetter. especially now that live with a higher risk of stro due to afib a type of irregur heartbeat, not causedy a heart valve problem. i was taking warfarin, but wondered if i ptigging,

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thirty seconds. here we go. we will have a live demonstration of the exoskeleton. a paralyzed man walking again in our studio. turns out technology is not a fantasy. you can actually buy one of these things. amc show walking dead wildly popular hugely successful. it is because of family values. 11:45 a.m. family values walking dead. the big board has turned positive. look at go pro. a downgrade. they say sell. some people are. now down 5%. now look at audio. earlier we were at 79 and

change. the price of gas continues to fall about 1 penny a day. here are the stakes in the $2 club where gas averages throughout the state is less than $3 a gallon for regular. seventeen states on that map. goldman sachs says $75 a barrel for oil. are you buying that? >> i think that that is kind of an absolute low. there are producers that cannot produce a barrel of oil for any less than $75 a barrel. we have hit this 80 level on multiple locations. i think there are some pretty good producers that step in and

buy it those levels. if we do get a real break of 80, 75 will be about as low as i think the market can really handle. stuart: we have the saudis that refuse. we have america pumping like crazy. we have a pretty good supply situation. >> supply. it is weakness in china. weakness in europe. as i think they will do, they come out and change their outlook. the dollar starts to weaken. it caa create a bigger bit of support for oil. it will stop oil from getting a lot lower.

i am listening to what you say there. three dollars a gallon. we will take that. thank you, sir. >> republicans appear to be trending up. we have some polls for you. congressman kori gardner. republican tom coughlin leads income bit senator mike prior. joni ernst increases her leave over bruce braley. does it help the democrats? it does not appear to be hoping them, but it should. they are running away from president obama.

>> nottin every state, no. absolutely not helping her. instead a race that should have been close. a race has basically gone to macconnell now because she has refused to say that she has supported president obama in the last few elections. stuart: i just wanted to listen to democrats senate -- >> let me just clarify. i probably spent maybe 45 minutes of my life with president obama. i spent 47 years with my father as an ab visor and somebody who deeply understands that bipartisanship is at the very

heart of getting something done. stuart: she is really going overboard to distance herself from president obama. what do you think about that whole policy? in georgia, it does not seem to be working for her. david perdue has turned this race into a referendum on obama. it seemed to be working very well for him. they were convinced that not only would she be a puppet, she would also be aapuppet for senator majority leader. >> we have been reporting a trend towards the republicans with eight days to go. when you are in the state, can you feel that? do you have that feeling that the republicans are moving? >> yes. absolutely. they seem to be buying that

argument. whether or not that will be to stay with purdue remains to be seen. in iowa, the race, however, has not been as much about obama. yesterday i spoke with sarah burns. she, by the way, claims to be the first senator froo that state, from iowa. she is completely focused about if you will look at georgia, it has been more about obama. if the vote were held today, do you think that republicans would win? in georgia, i think that she could still pull it off. in iowa, i think i would be surprised if braley could win

thht race. >> you think republicans would win the senate? >> i do think that republicans would win the senate..3 it could potentially not even happen until january. a runoff could force those not to be decided until january. stuart: thank you. we will see you again soon. the tv show, the walking dead, it is about flesh eating zombies..3 it is wildly popular. someone said it has to do with family values. ♪

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stuart: when you look at aly baba, it is up to date. jeffries puts a target price of $118. that is sending yahoo! to a new high. and now, the walking dead. wildly popular show. it is about zombies taking over we are telling you it has a feel good message. sandra, look, i have not seen the show. tell me how this is full of family values and it is feel good when it is about family values. >> first off, you are missing out. it is a great show.

i think it roots itself into character. they continue to fight for that family against great odds. people come together and form this kind of family and it is them against the zombies. i believe the total number of viewers is close to this. it is a huge ratings went.

we have not seen that big of numbers and decades, really. you have people bleeding. they look awful. i just find it hard to believe that you pose the popularity against the gory mess of the it is actually a great point. it is gory. they want to see the horror and the girls in the action of it. some of the gore. for people that are maybe not

comic book fans enjooing the show. everybody has to make important choices in this world that they live in. stuart: i am sure you watch breaking bad. you have to tell me which you prefer. breaking bad or walking dead. >> i would say the walking dead for me. i felt it was hard tt root for some people. i think it is something i enjoy on the show.

you find it very hard to decide which is the best show. people forming a group to counter the zombies. is that what turns you youngsters on? >> you mean dark stuff? stuart: yeah. >> i feel like it is not necessary. i feel like we all have multiple facets to our personalities. stuart: okay. i'll tell you what i am going to do. i just recently found out how to get netflix on my iphone. do not laugh. i am going o watch the first episode of walking dead, which i am told is the best episode. i will report back to you wwat i do like and do not like.

>> please do. i look forward to your report. hoverboards from the popular movie back to the future. you can actually buy one of these things. more on this, next. ♪ (vo) you are a business pro.

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stuart: it is monday morning. the dow has now turned negative. hardly a selloff, but it is down. a 79 and change earlier. it is at adf now. 304. the gas money guide, it will dip below $3 as a national average by next tuesday. i think it may come earlier than that. ♪

stuart: earlier this year, we asked whether or not he thought we would ever see something like that. listen to what he had toosay. >> it violates a llt of physics. you have to pull them down to absolute zero. stuart: you cannot do this. it is out of the question. a company released this video last week. the company founders will be talking to melissa francis this afternoon. melissa: i know. i cannot wait. i want my own hoverboards. for whatever reason, they are not giving me one.

here is the problem. did you see the dip on the bottom? they have coils on the bottom. you do not see a lot of metal on the ground here or out in the street. it does not work the way we see it in the video. they want $10,000 right now for you to go in and i on this. stuart: do i -- >> no. the campaign is on kickstarter. we would have a blast.

it supportt up to 300 pounds. how much do you weigh? stuart: you cannot ask people how much they weigh. i was afraid you were going to ask me back. >> they said in the future that they could see skateboard parks with metal. i think you saw some video. it does not really go that fast. we will see. it still looks fun. come on. it will be cool. >> i will watch this episode of melissa francis and money.

melissa: fantastic..3 hillary clinton ays corporations and businesses do not create jobs. we have one of the top economist in the land to respond to that. answers in the second hour which is two minutes away. ♪ your customers, our financing. your aspirations, our analytics. your goalsour technology. introdbringing n meaningncial, to the word partnership. baing. loyalty. alytics. synchrony financial. enagage with us.

stuart: there is a stark political divide on jobs. believes government creates jobs. the right believes it is private enterprise that creates jobs. the last six years have been all government all the time. we have seen a subpart job. on the other side, ronald reagan

said government was the problem. he said you give private enterprise a job and you will get jobs and prosperity. he was right. the left and right, huge difference. what is hillary clinton up to? she said do not let anyone tell you it is businesses and corporations that create jobs. what is that all about? the second hour of varney and company is about to begin. ♪ stuart: we will get to hillary clinton's comments in just a moment. peter barnes at the white house. peter, it seems to me it is directly contrary to the white house. p> that is right.

it has been in new york and new jersey and other states that are thinking about them. we are hoping to get some clarity out of all of this a little bit later this hour. you can bet that this will be one of the first questions we have for him. stuart: yes. i have more "imus in the morning" headlines this morning. the nurse that return from west africa has been released. she still has a civil liberties case against the state. >> it is not communicable. the government cannot come find prior to the onset of the symptoms. they would have to change the constitution which would not change overnight.

stuart: the disruption went on from there and we will continue with. does he support mandatory quarantine from a medical perspective? a five year old who had just @een to guinea, west africa, in the hot zone. he is being monitored at bellevue hospital. this child does have a fever. that or spencer is in stable condition. now to the family of, duncan. his family ii considering his legal options. elizabeth meek donald will answer that question. let's get to the markets. check the big board. we have been moving at a pretty narrow band. go pro down. apparently, investors are listening. look at tesla.

coming out with more incentives. oil and gas prices are way down and so is demand for electric cars. the prices at a 28 month low. price of gas continues to fall 1 penny a day. where is the cheapest in the nation? it is at and exxon station in memphis, tennessee. the price of oil is so far down. nicole: no doubt there is so much going on with energy. nearly a 25% fall in nearly five months. goldman sachs came out. they cut their projections for 2015. they reduced their price

forecast. part of that is capital spending right here in the u.s. they expect that to the client 6% last year. basically, the pullback is one of the reasons they are pulling back on their oil projections. >> are right. we've got it loud and clear. i want to get to hillary clinton real fast. listened to the sound bite. >> do not let anyone tell you that, you know, corporations and businesses create jobs. stuart: well, you heard it. directly right there. joining us from washington. ms. clinton was speaking in massachusetts at the home state of elizabeth warren. she goes out of her way to say

that businesses and corporations do not create jobs. is that why hillary clinton took such a huge leap to the left? because she was in massachusetts? >> no doubt about it. hillary is being pushed way to the left by elizabeth warren. she does not want that to happen -@again. she made this statement on friday saying that businesses do not create jobs. hillary has made most of herr3 money by cattle futures trades. having government jobs and by making $250,000 for a speech. that is a good job, if you can get one. we get our paycheck from an employer. stuart: where does that argument come from? i do not think that it has much

historical base. where is the evidence to back >> i wrote a longer piece on this. i basically said, the fundamental problem here is the democratic party today has become fundamentally antibusiness. it is what the whole class warfare debate is about. the question is whether this party can survive with this hostility to business. it is so self evident. if the business does not make money, then the business gets laid off. >> i think it is worse than that. i think it is democrats that wish to spend government money to buy votes. we will give you this. we will give you that. supports us.

takeethe money from us and vote for us. i think that is what it is all about. >> i agree with you. they cannot connect the dots. stuart: the line is this. the line from the left is we need to increase gross aggregate demand. we pumped out the food stamps. we pumped out the welfare. we pump up the minimum wage. we stimulate the eccnomyand ggt more growth. >> you are right about that. the best way to stimulate the economy is not to cut tax rates, not to deregulate. you are right. they do believe that government is the source of jobs.

it haa been almost four days. can you show me one leading democrat that as announced what she has said? there is craziness. we are a free enterprise. why can't they make that connection? stuart: 50 years ago ronald reagan's made a great speech where he laid it all out. >> you are right. maybe 100 years ago it was calm and coolidge that said the business of america is business. stephen moore, i am out of time. i am very sorry. we will see you again soon.

see you later. more on the nurse in new jersey who was released after being quarantined. she may sue for violations of her civil liberties. all right, doc there. forget the legal arguments for a second. i want you to talk to me on medical grounds for a second. let's look at this particular case. she has been exposed. she has been working with the patients that have the ebola virus. once you get a tiny little drop of it, you can become extremely infectious. she comes back here. her fever is 101. they took her ann they put her there. she makes all this fuss about

it. you do not have too many choices here. you need to keep her -- stuart: do not forget legal grounds. she should be confined for 21 days. >> absolutely. this ebola virus is a moving target. the first eight-10 days. before the symptoms really show up. that is when you are okay. you do all of that stuff. wednesday night, feeling fine. we are having a problem distinguishing between phase one and phase two. for that reason, we need to keep an eye on this. if voluntary quarantine was working, it would be different. stuart: i have some breaking news on ebola.

eleven u.s. soldiers are now being monitored for ebola and italy. fox news is now reporting that the army has issued its own guidelines ordering a 21 day isolation for exposed troops. the army, one branch of the military -- >> it is a good move. stuart: those 11 were in west africa. you would approve what the army has just laid down as policy. >> they are smart. isolated at the source. this is different than even hiv.

i think it can spread and become a eal epidemic. that is the best decision you are going to make. @solates it from its source. if you are not going to do it, they have to go to mandatory quarantine. i will quit wearing when they tell me exactly how these people got ebola. stuart: thank you very much. thank you, sir. 12:30 p.m. a machine that helps paralyzed people walk again. we have the machine. exoskeleton. it will be in the studio. we have a demonstration coming up. more ebola lawsuits.

medical malpractice. after the break, proof that the mainstream media is bias towards democrats. why that is a big deal when it comes to next week's elections. ♪

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that news i brought you moments ago. eleven soldiers are now under 21 day monitoring and italy. the army has issued its own guidelines. they have ordered a 21 day isolation for exposed troops. look at ali baba, please. $118 a share. thaa helps yahoo! which holds

16%. do not forget gold. right now it is up 1229. big yield is 224 at this point. mainstream media. i have seen the numbers. they are dramatic. tell our viewers, please. >> if you look at the coverage of the media with this election cycle, and 2006, you had a total of 204 stories dealing with the campaign. and 2006, that is when you are looking at the house and senate changing hands. it is the prosperity of five- five-one. how many times have we talked about this.

this is not a case where the media is saying republicans are bad, democrats good. it is choosing what you cover and how you cover it to include your bias. that is what is going on. >> we are on the cusp of the very real possibility that republicans will take the united states senate. do you know the last time the senate did a story on the campaign or the elections coming up? june 11. june 11. not one story. ever since our study came out last week, the excuses that we are hearing, they are for the

ages. ebola has been in the news. we are talking abouttseptember september 1. somebody said, well rob emmanuelle was asked if. nobody knows about it because if you watch abc, they are simply not covering the elections. stuart: it is quite deliver it. it is the same thing as benghazi. coverage just evaporates on these things. this is deliver it. they will not report what hurts. they do not like what is happening. they were excited in 2006. how many stores did you see on a regular basis about how unpopular george bush was.

>> i do not watch the big three network. i have not for years and years and years. i know that their numbers are down. they still have significant impact on the united states. it just shows that bias for all to see. you and i talked not too long ago. if you watch fox or fox business, you have a normal view that is shaped by news. you have what they declared to be news. what they want you to watch and what they do not want you to watch. >> i thought times had changed. thank you very much indeed. fifty years ago today, ronald reagan delivered the national stage. he was supporting senator barry goldwater. we are going to play you a clip.

a very important clip. in a moment. ♪ hi, arwe still on for tomorrow? tomorrow. quick look at the atr. nice day, beautiful tomorrow. tomorrow is fullf promise. we can come back tomorrr. and wemise to keep it thaway. driven to preserve t environment, csx moves a ton of freight nely 450 mil on onealloof fuel. what a day can't wait t tomorrow. how in argentina, change engeeri in dubai, and the aerospace industrysout, in the u.s.? at t. rowe price, awe understand the conntionsut, of a complexglobal economy. it's just one reason over 70% of our mual funds beat their 10-year lipp average.

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>> this is the last stand on earth. this idea that the government has no other source of power except for the sovereign people.

the most unique idea. this is the issue of this electionstuart: today marks 50 s since ronald reagan made that speech. fifteen years later, reagan walked into the white house. eight days we will see the gop. sarah palin joins us to talk about the so-called war on women. republicans leading among women. sarah palin tomorrow. noon eastern. jefferies says this things will go to $118 per share. yahoo! is up big because of that. yahoo! owns about 16%. one of thh largest gold nuggets

found in northern california's gold country. it has been sold. a secret buyer paid, we think -- the deal was finalized on friday. the exact price has been hidden at the buyer's request. you certainly do not know what the tax treatment of that gain will be. a machine that promises to help paralyzed people walk again. we have a demonstration in the studio live after this. ♪

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new multihealth metabiotic with bio-active 12 there are twreasons why need ka daily probiotic.eah. that, is pron help support a healthy immune system. experience the meteffect with our new multi-health wellness line. stuart: i got a smile on my face, ladies and into men, because i'm going to introduce you to a company that builds exoskeleton to help paralyzed people walk again. the cofounder of exobionics is with us. at this moment putting on the exoskeleton. and in a moment will walk. and a physical therapist getting

the exoskeleton on as we speak. we will talk over the top of these two. okay? how does it work? is it a purely mechanical device or what? >> it has sensors all over it that sense what the patient inside is trying to do and helps them do it. >> it senses what the person wants to do so his brain says move that leg, a sensor that feels that? >> that is the idea of this machine for rehabilitation of people paralyzed. they might still have some ability left and those people after a stroke can we learn how to walk if they can use that ability as much as possible. machine tries to sense what they can do and help them do a step but not provide any more help than necessary because h you wat

them to work as much as possible. stuart: it helps after a couple of years it is gone and you do something else? >> our target audience right now is rehabilitation centers. these things are a fantastic rehabilitation center. a move from patient to patient to patient. people who have had something like a stroke will learn to walk again out of the machine but it can be about people completely paralyzed and want to do health and wellness things to get them up and walking. stuart: you are paralyzed from the waist down. in this state for how long? >> two years. stuart: you're going to walk with the help of the exoskeleton. >> i am. stuart: i'm going to do some commentary over the top. keep going. i take it shane is now thinking

about moving. and that transfers to the machine which helps him walk, have i got that right? >> it is triggered by mike because we want that to be as safe as possible but we see him now walking soon and shane has a bit of ability and will do something that transfer himself over his front foot. the machine will see that and will see him move a little and take a step for him. feels good to be standing up? >> definitely. stuart: do it. yes. that works. almost brings tears to my eyes because that man is paralyzed from the waist down for several years and is now walking around the studio in a fairly

acceptable fashion. it feels gooo to you? >> it feels incredible. stuart: how long have you been using this exoskeleton? >> i have been using this device about a year and a half now. i very first time in the device i got up and took about 500 steps. i was up and standing and walking. look at this device, you seeemy wheelchair, think i'm supposed to be confined to this is a breakthrough knowing i am going to be up and walking and functionafunctional even thoughe says i am not to. stuart: there is not a person in the studio who doesn't have a smile on their face right now. how much for this? >> it is around 110,000 right now. individuals buying a machine like in europe we can sell it at

a lower price. stuart: what about four vets? >> really great partnership with soldiers stocks. they have committed to buying 80 exos. stuart: and exoskellttn. a skeleton form of a sheen outside the body. >> we ccll it a wearable robot sometimes. stuart: you are a traded company? >> yes. we are proving this is a real business. we shipped 45 units to paying customers, no freebies. stuart: there are other companies you have a very similar exoskeleton type of thing. what is unique to yours? >> the rehab and changing

patient to patient in five minutes. and the ability to send up with a patient ccn do, central to the rehab process. stuart: could you do this without your handler? >> i am pretty functional, have a good sense of where i am and the things i need to be doing to balance so i think i would be able to use this, but typically it is not designed for that yet. stuart: but it is coming. >> it is on its way. stuart: if you turn it back on a unit will be required to sit down and take something off? turn it on and off and you have to be able to do that. >> he was able to do it with a trigger. >> trigger it to walk and trigger it to stop. stuart: good to see you standing

up a smile on your face. that is good. our viewers just love this, guarantee. thank you for doing this he had >> thank you for having us. stuart: we're going to take you to the patient of the ebola. that is coming up in a moment. the dow down just a fraction.

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fr fashion retairs to healthcare providers, jewelers to sporting go store we provide fancingolutions r all sorts of businesses. bank loyalty. analyts. synchrony financial. engage with us. nicole: i'm nicole petallides with your fox business brief. some back-and-forth action. dow jones dust leverage down 31 points. the nasdaq and the s&p also lower today. looking at some of the airlines in particular, we have seen them selloff. ebola cases, we have certainly surpassed that. jetblue, united continental all jumping today. alaska ai air hitting a new hig. many of these games up 30% this year as earnings continue to be good news. go pro down today. up about 70% in the last three

months but it has been used to selloff down about 5%. yahoo new high, it is continuing to be a winner, and report after the bell, twitter and buffalo wild wings. market.er way on the options

stuart: back to your money. here is keith fitzgerald joining from portland, oregon. the question everybody has been asking me for the last couple of

weeks. if republicans win control of a senate next week's election, do we get a market rally? >> in years past i would have said without a doubt, however i think america has changed. the psyche is deeply scarred by the financial crisis. so the question is who has handles versus how good can growth get. that is a funddmentally challenging question right now. stuart: we're going for growth. putting and policies give you some level of eccnomic growth. is that not a plus for investors market? >> i think it is plus, you think it is a plus. when it comes down to voting, the question of who is least likely to do with my handouts is key for americans right now. stuart: do you think america has been changed so much in no longer value growth, we value handouts, really? >> yes, stuart, i do. it goes against every cell in my

body, every grain of fiber i have, think america is still a land of optimist. i think fundamentally there is a lot of people out there struggling and scared silly based on what happened financial crisis. stuart: wednesday, november 5. maaket opens at 9:30 eastern at that point if we find out republicans have a big sweep, we do not expect at least a small rally that morning in reaction to the election results? wouldn't you expect that? >> yes, i would. people are going to want to get ahead of a trend and if they believe, i believe they will, if they believe g.o.p. can do better for their future, that is what is going to happen. market psychology is a tricky thing. stuart: i have been told him to say the says small investors buy high and sell low.

what is with that? >> that is most fundamental of all investmmnt mistakes. you should celebrate correctly, slumbered down days, but humans are wired to do the opposite things. they sell high comics. , selling low-end buying high. they should be taking the recent correction and by the market. stuart: they should listening to market managers like you. go steady as she goes, this is an advertisement for you, isn't it? >> i'm the first admit i'm not always right but the numbers are the numbers. they show your revocable he you look at the evidence you are better off buying low and selling high than anything else. the old saying better to buy when there's blood in the streets, it is better to buy when there's blood in the streets even if it is your own

because as unpleasant as it might be, that is certain the past higher profits. stuart:'s long as you have a long-term timeframe, you are okay. i'm going to stand stocks and talk about today's bounds. a stock the stands to benefit from apple pay. joining us every monday, he will tell us about verifone. >> verifone makes 50% of the devices that are at the cash register to swipe your credit card app at the terminals. everything that happens in that area is sort of up for grabs right now. apple pay is a new way of pain. speaker doesn't apple pay get away from what verifone does? >> yes, it is different. it is done from your smartphone, but is still goes to a terminal.

stuart: you like verifone part of your analysis that apple pay is a big deal and will be successful? >> apple pay will probably be ssccessful. something like it certainly will be successful. people want to pay with their phone. the merchants are trying to form their own system to take payments, there still may be other systems but one way or another people are going to be paying with their phone. the store will need new equipmmnt. credit cards themselves are getting new chips for security purposes that means retooling the terminals at the point of sales. equipment is needed, verifone benefits. >> you often say where this stock is going to go. you put out a target over the longer term. it is your target? >> at least 20% and possibly much more. stuart: you see it going to 44,

45? >> it is hard to say. the whole field is up for grabs. we don't know how it is going to shake up. stuart: every week you come on a monday and every week there is a bounds. what was the streak in baseball? the hitting streak. that was 56. you have to count. thank you very much indeed, sir. let's get to ebola. coming up, thomas duncan's family says they make sue for malpractice and wrongful death. liz macdonald is here. whaa are the chances if they file suit chances of them winning? >> slim.

accusing the hospital being racially motivated, but here is the bottom line. when he was first submitted to the hospital he asked where he was from. he said africa. he didn't even say liberia. he was misleading the hospital and they suggested he was exposed to ebola. his answer was no. they also did liberia and airport officials, he filled out a questionnaire in liberia on the airport he answered no to whether or not he was exposed to ebola. by the way, the hospital put him on a drug and tried to take care of him suspecting he was exposed to ebola. stuart: are they planning a racial bias of some sort? >> jesse jackson is with the family.

demanding hospital records to go over the records to see if there is any errors hospital made. by the way, 60 minutes did a piece saying he lied to us telling us he was not exposed to ebola, so they were he really can trying treat him despite not having all of the information. even if they try to take it to court they have to prove willful and wanton negligence, meaning they willfully tried to not help him. by all accounts it looks like they did. they gave him a ct scan, they gave him the drugs. he had a 50% chance of survival. he probably would lose, the family would lose. stuart: we did have some breaking news on ebola and our troops.

they have been in the hot zone. while these 11 is a pop general. all of them under 21 days monitoring in italy. fox's report the army has issue% and is going ahead with its own guidelines would order a 21 days isolation for exposed troops. that counters the white house which does not want 21 days mandatory quarantine. check this out. there is small device called tile, helps you track your belongings. if you lose them, you get them back. we will show it to you after the break. it's mday.

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call now to request your free decision guide. and learn more about the kinds of plans that will be here for you now -- and down the road. i have a lifetime of experience. so i know how important that is. >> president obama inching closer to granting amnesty to millions of illegal immigrants. house judiciary chairman on the constitutionality of the presidents plan and what congress can do now. join us tonight 7:00 p.m. eastern, 4:00 pacific. stuart: we have something that is useful. little white chip lets you track things you might lose. it is called the tile. that gentleman on the other side of the screen is nick evans, the ceo of this company, and

obviously he is with us now. let me get this right, i like to be precise about these things. i stick one of these chips onto my key ring for example, and if i lose the key ring i have an app on my phone that tells me precisely where this chip is and where my key ring is, have i got it right? >> exactly. there are three ways to find your stuff. with 100 feet can plot the app, make it ring. looking for your keys on the way out the door for example. let's say you have a tile in your wallet or purse and you leave that behind at a coffee shop, as soon as the app disconnects from your tile it will drop a pin on the map to show you where you left it. the third way is if somebody else is running the app in the coffee shop at the same time nearby, to communicate in real-time through their app anonymously in the background to

show you in real-time where it is. stuart: i can hear it. here is the problem, what happens if i lose the phone with the app, what do i do? >> fortunes the apple provides very good solution for that, fiid my iphone. we build something similar to find my iphone for all your stuff..% stuart: how much for a tile? >> each tile is $20 or you can buy a four pack for 60, or you can buy it built into products already for example or first partnership which we are here to talk about today. stuart: how many tiles are out there that you sold? >> was sold over half a million tiles, shipped 300,000 so far and are continuing to ship the

rest of this month. stuart: he wants to be sold, don't you? >> we want to rid the world of lost items. stuart: i will give you $100 million cash today, would you take it for the company? >> no, we have a lot more work to do getting our products out there before we start thinking about that. stuart: it doesn't work with me. you would take $100 million, wouldn't you? >> not at this point. stuart: we will see you again later. thank you. we have more for you in just a moment. my motheit's delicious.

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stuart: that works. that almost brings tears to my eyes actually because that man is paralyzed from the waist down for several years and is now walking around the studios in a

fairly acceptable fashion. it feell good to you. >> it feels incredible. >> better than sitting in a wheelchair. >> you bet. stuart: sarah palin joins us in the noon hour. the waa on women, how is that going for you? deirdre, it is yours. deirdre: thank you very mmch. former bain capital managing director will join us with his view on investing in energy. bankers and lawyers versus hackers, why wall street is demanding more cyber protection from law firms. retailers including walmart going against apple. the new payment system apple pay so far apple is on the ropes. nothing less than a war against the retailer. walmart, best buy, right eight and cvs wants nothing to do with it. this is basically a control issue?