that said the market slower. also tomorrow, sandra smith will be filling in for me. i am headed to palm springs california. talk with me about the business issues that are important to your money. randall stephenson on the latest news on the internet. thank you for being with me. time for "varney & company." stuart: good morning, everyone. here is how it goes. we cut emissions. they can increase the emissions until 2030. we have walked in higher utility bills.

a breakthrough on climate. bonnie and company is about to begin. ♪ they are down. not that much, but they are down 65 points. citigroup, jpmorgan, bank of america. they have been fined collectively. the feds say that these things need to do a better job of detecting bad behavior by rogue traders. all of the stocks are down one percentage point.

the price of oil at $77 right now. all downhill from there. now we are hearing that senate democrats are thinking about improving the keystone pipeline during the lame-duck session. do not look now. down a fraction of a penny. there are some individual stocks that are moving today. here they are. yahoo! goes shopping again by bright role. what do you think the price was.

yahoo! at 49 right now. that is a new high. up to 116 right now. we've were sold on single day. that is a lot of money. look at what we have for you and 10 minutes. dramatic and revealing. yes, it is. president obama. a deep reduction in greenhouse gases. he is expanding. china about reduction. china can increase its emissions for the next three years. look who is here. "wall street journal" editorial

board member, mary kessel. >> i think you are right. he is calling climate change the greatest threat to humanity. it has absolutely no impact on china. he is ignoring the message of the midterm election. >> that is correct. just as they did with the sec.

stuart: look at who else is with us this morning. there he is sitting next to me. >> stuart. stuart varney. stuart: climate change is a real problem in the military has to address it. >> my position is i do not understand why conservatives are not for conservation. this deal with china, it is not a deal, it is a giveaway. we come down on hard business. they come in to saying maybe if

things work out just right, we may do something. stuart: it is not a deal. >> china's air is so bad. stuart: that is a different problem. it is called so it. it is awful. it is totally different than co2's. >> my point is this. this is a lousy deal. we want to protect our national heritage. the national environment is part of that.

>> okay. i say the president caved to china. doesn't this put him the writing on the wall? >> i will get there. >> it works every time. >> very, very important point. obama wants deals. he is thinking about his legacy now. with iran, this is fascinating. vladimir putin does not want iran to have nuclear weapons. he is willing to accept a nuclear iran. he has a deal to build two more react tears.

in the meantime, it is a really good financial deal for russia. stuart: ralph, stay there for a second. the dow industrials down 66. once was bad enough. american voters being called stupid. he said it again. roll that tape, please. [inaudible] stuart: please. i am jumping up and down. i am hopping mad. >> it is not the first time.

had to correct a little bit of what he said, stuart. it is not that americans are stupid, they were lied to. stuart: a fox news poll. 55% say the administration misrepresented obamacare to get it passed. >> absolutely. that is absolutely right. stuart: before you go, i have to ask you this one. we saw pictures of china's latest fighter. we have a picture of it. >> the difference is the chinese actually flies. it is supposed to be the same. this is a problem that obama needed to address in beijing.

whether it is books or advanced fighters. we spent hundreds of billions of dollars developing these cutting edge technologies. china just steals it. we still do nothing. the bush administration did not take this seriously either. the only good side to all of this is the f 35 does not really work very well. don: i am very critical of president obama, but i do not like to see our president beaten up all over the world and laugh that. >> stuart, i agree with you. we all want to stand behind our president. stuart: stand up. be with us. colonel ralph peters, thank you

very much. to the market, please. fossil. a big winner. >> they had a really good earnings report. they expect sales to increase. profit 104 million next year. it turned out to be $8.96. $0.10 a share. the stock up 8.2%. it is the leader. they have renewed their partnership with michael kors. through 2024. that microsoft stock that you bought may probably be worth what you paid for it. stuart: very funny, adam.

see you later. up next, wait for it. peter ducey interview with the guy that killed osama bin laden. >> though more we realize this would be a one-way mission. we would go in and we would not come back. we would be there too long and be arrested by the pakistanis.

to let's check out the new board. we are down. do take a look at apple. it has reached $110 a share. yahoo! also had a new high. part one of the fox news documentary. the man that killed osama bin laden aired last night. part two will air tonight. we have a preview for you. >> i was a little bit more in tents. now we are there.

now we are trying to get back. a 90 minute flight. it was almost like watching a race. we can survive. we can live. we all started our watches. we were counting it go. someone came over the radio and said, all right, gentlemen, for the first time in your lives, you will be happy to hear this. welcome to afghanistan. everyone was like, oh my god. we just did it. it was insane. then we were high-fiving and stuff. we got osama bin laden and we are going to live. amazing. >> how did you end up the number two man? >> just look. we know that the guy in front stays in front.

you have to take care of the threat. we needed to clear that level. stuart: good stuff. you will see a lot more of that tonight. look who is here. peter. let's go back to what we saw last night. these guys set off on a mission which they thought was one-way. they did not think they were coming back. a lot of us have a hard time wrapping our arms around that. >> he basically called his dad to say goodbye. the most amazing part is that rob said i am getting on a helicopter. he was not sad. he was excited. stuart: they knew they were

going to extreme danger. did not expect to come back. i think most people would be filled with dread. >> it was worth it. if he was going to go, bin laden would go with him. stuart: she is not writing a book, to my knowledge. he is not a star of a movie. he did it, why? >> i do not want to give away too much. something happened. it changed the calculus from him not wanting his face and name out there. >> it is really powerful footage. the footage that you saw last night, was that taken on the raid?

is there any video available? >> no. >> did you have to clear it with the cia? >> there are reasons why he just did it. >> you shot the interview where? >> montana. the crew got there with the special cameras that we use. by the time i got there. we went to the walmart down the

street. >> did you have to disguise the room in some way? >> no. >> how did you get the story? there is, a young guy. you got it. how did you do it? >> i did not know that he was a seal. i did not know in the beginning but he did. >> not long. >> it is one of those things where you hear stuff.

stuart: did he come out easily to you and say i am that guy? >> no. something happened in the special tonight. >> one more thing. his space is right out there. does he not have some fear that the crazies will come after him? >> his life changed forever last night. it is all out there. stuart: have you been in contact since last night?

we will hear from them soon. you know that, don't you. we want to see this thing. >> worked on this thing for a long time. stuart: much more on it. 10:00 p.m. eastern. that is tonight. >> we were the and. we were the fifth. we were the american people. ♪ >> we were everyone. ♪

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stuart: a surface of a two and a half mile wide comment.

scientists say the information they are getting from this information could be used. the results are filing and. dan sullivan beat the incumbent democrat. sullivan when means they have picked up a additional senate. mary landrieu in louisiana. slamming into a police officer. rogers, minnesota. winter does not officially start until december 21. veterans day parade was going on outside on sixth avenue.

the guy still an unspecified number of watches. the police showed down the street. here is the backdrop to the story. just one block. forty-seventh street. home to 47,100 companies. on that one block stretch of businesses, $24 billion worth of jewelry sales take place each year. president obama making a so-called deal for the chinese. voters are stupid.

>> a tortured way to make sure. healthy people will pay in. it would not have passed. a huge political advantage.

oil is at $78 exactly. gas prices all the way down consistently. 292, at least for now. take a look at the $2 club. stripes station in texas, $2.25. i think we will be slowing down a block him. to where we have been in the last couple of weeks.

maybe a week or two. >> we love gas at $2.92. not everyone is enjoying low prices. >> sending that picture from near fresh know, california. $3.89 for regular at a mobil station. president obama making a climate deal with china. we will cut drastically. china, no reductions at all. we can keep on increasing the emissions. we've really got the short end of the so-called deal. >> china is the biggest polluter. we are supposed to cut our

emissions by at least 26%. china, meanwhile, continued increasing their annual emissions. >> that is a deal? >> something that the president has to accomplish by himself. even the congress we have now will assist with this deal. >> there is no way. it will be rejected out of hand. thank you very much indeed, rich. >> it is a fake crisis. those billions of dollars could go towards clean water in africa or electricity and india. well said. glad you chimed in for that one.

the climate deal, we are calling it a fat out cost. i want to know, i am calling it a must. it is not a deal at all. how did they present this so-called deal? >> a major line mark deal. however the obama people want it to be fed. they whispered in that year. they just post right past it. they said all the right things. i beg to differ. jonathan gruber. he is the god who called american voters stupid. listen to this for a second.

>> what did the event it? >> almost nothing. he will have trouble finding on the associated press. some sort of right-wing stories. if this was on the other foot, let's say this was the iraq war. i think we all know what a massive story that would be. >> i am absolutely astonished.

and insult from one of the architects of obamacare. and elitist insult to we the people. both ignored. gloss over. learn that it is perceived as untrustworthy. nothing changes. >> it does not change. >> it is the story. they really don't focus on what the epa is doing.

it works fairly well. 55% said the administration flat-out misrepresented obamacare just to get it passed. it is very important. the fact that anyone thought that the bush people were honest and selling the iraq war. the obama people did not mislead people into voting for obamacare. they are not acknowledging the realities. the interesting thing is obamacare has never been popular.

stuart: thank you very much, indeed. quickly to the state board. 17,000. here is a question for the judge. when does government reduction and fred tapia, a violation of your constitutional rights? >> you have to prove that you need that concealed to carry. re. re. what's wrong with trying new things? feel that in your muscles? yeah... i do... try a new way to bank, where no branches equals great rates.

>> i am adam schapiro. the dow is down 25 points. off the morning lows. some of the dow losers this morning include jpmorgan chase, goldman sachs. settled with regulators here in the united states. manipulating foreign currency. apple hit a new high. raising the price target on those.

gift cards for the loved ones. see world. a new low. down 10.4%. people are not going to the theme park. more farney and company after this. ♪ you're like "nothing can replace brad!" then liberty mutual calls. and you break into your happy dance. if you sign up for better car replacement, we'll pay for a car that's a model year newer with 15,000 fewer miles than your old one. see car insurance in a whole new light. liberty mutual insurance.

stuart: breaking news for you. net neutrality rules.

you should not have to pay for fast speeds. you might have to go a different way and make you pay. we have emily miller. she is a gun owner. a conceal and carry law. she figured she would apply for a permit. look at the soup she had to jump through. >> you have to prove that you need a conceal to carry. you have to prove that your life is in danger. >> i have to give evidence? >> yes, ma'am.

>> you know how i usually work. >> does not fully apply here? >> that was more or less for when the british were coming. [laughter] stuart: she had to go through 18 hours. all of these roadblocks. >> the government cannot create a regulatory scene. the government has an

ideological stance against the scene. you have to go through these very same hoops and answer these very same questions. rather than the government disprove, you must prove you are entitled to carry. what is happening as a result of what this reporter did, this will all be played out in a federal courtroom next week in washington, d.c. a judge that is already skeptical of the government. and his willingness to comply with orders of the supreme court of the united states. retired d.c. police officer versus the district of columbia. >> why do i have to prove that i need this constitutional right?

>> the presumption of liberty has been turned on its head. the presumption of liberty presumes that each of us know how to make personal choices. >> it is wrong. it is unconstitutional. d.c. will end up paying the legal bills on the challengers. >> chattanooga tennessee. we will talk to the union anyway.

is that an example of where the will of the people, the will of the workers -- >> here is what happened. >> highly regulated. federal statutes. they want to unionize these. every 365 days seek a vote. workers in tennessee forming their own union. now part of the large union. trying to get management to negotiate with that small little

plants. can they do that? yes if they have a majority. stuart: judge, we want to ask all of our major gas on the program. you are a regular guest. can money buy you happiness? i want your answer now? >> no. i think happiness is dependent on money. stuart: monday is liquid freedom. >> you need food, shelter and clothing. we like nice things in life. why do you chase more money? >> because of the pollution.

we want you to answer. it is causing quite a debate on the farney facebook page. kit right and there. we will bring you reaction after this. ♪ a dry mouth can be a common side effect. that's why there's biotene. it comes in oral rinse, spray or gel, so there's moisturizing relief for everyone. biotene, for people who suffer from a dry mouth.

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stuart: lots of reaction to that study. does money buy you happiness? [laughter] here is what you had to say. start with eric. how can it not? tricia says money gives the ability to do nice things for other people. that makes me happy. gerri disagrees with the entire premise. if it does, you are shallow and you have no true idea.

mary kissel. what do you say? >> money cannot buy you happiness. the only thing that you want is money, i think you do not have the kind of life you want. stuart: true happiness. it does not come from money. the site of my first child. my first young baby. her name was jill. we austrians out on this one. president obama makes what they are calling a deal on climate change. what do we get? what does china have to do? nothing. winter weather already hitting the country. we have somebody who says that

could effect the economy. the second hour is two minutes away. ♪

stuart: what is the link between calling voters stupid executive action on illegal immigrants and a lousy climate deal with china? answer, all three shows the contempt the elite field for the rest of us. they are going to ignore the will of the people as expressed in last week's election. professor gruber calls voters stupid to pass obamacare. he helped write it but we can't repeal it because the elite know it is really good for us. the president can use to china totally. on climate. we have to cut emissions, they don't. we the people will be bypassed to make that happen. same for illegal immigration. mr. obama is preparing executive

action to let millions say here. why are our leaders going over our heads to hurt us? that is what they are doing. ordinary people will take the hit on all of this. they are doing it because they told us in contempt. see elite think they know better than us and if they have to lie to get their way they will do it. our question is this. are we going to let them get away with it? before we get into all the contentious self look at the big board. the market coming back a little, we had found 10 points, back at 17-6. check out three very big banks, citigroup, jpmorgan, bank of america just got hit with a big fine, nearly $1 billion between the three of the accused of manipulating the foreign-exchange markets, taking the profits. authorities say those banks need

to do a better jobs nick in rhode traders. all those stocks are down but not by much. there are some winners today. what apple, yahoo! lows, all three of some new highs, apple up 111. add up the price of oil, mid 70s to upper 70s, $77 a barrel. gas prices are hitting bottom, the national average for a gallon of regular for the third day in a row is at numb to dollars $0.92. last hour we showed you a picture of a high gas price near fresno, calif.. that one is just under $3 all over the place in california. i want to get to the china

climate so-called deal. senator john hoburn is with us, you are on the senate energy committee, what do you say about this so-called deal? i call it a bust, a terrible for america. what say you? >> it is a bad deal. under this deal you have to reduce emissions from 26 to 28% by 2025. china begins the increase on emissions through 2013. i don't know how that is any deal at all and i don't think congress is going to be willing to support it. i don't think -- stuart: i don't think you will be asked. i don't think this was put for the one that comes in in january. you don't have a say in this. >> we do from the standpoint that as you said the president is going around congress, he has been doing that in terms of

regulation. obviously one of them is greenhouse gas emissions so there are things congress can do and we will do in terms of how we fund things and authorizing that can push back. stuart: it sounds like the democrats are preparing to vote in the senate on the keystone pipeline. it appears this is a way to try to get senator legg andrew reelected in louisiana. listen to her opponent, congressman bill capacity. >> harry reid could have brought this any time he wished, but instead of bringing jobs for 40,000 people, better jobs, better benefits that would have been construction jobs related to the pipeline he doesn't do it. the only job he is interested in protecting is senator mary landrieu's. stuart: we will get a vote in the senate on the pipeline in this congress. it will pass. are we going to build the pipeline? >> we will get the keystone pipeline approved at some point

as i told you all along. i have a bill that has 57 people that are cosponsoring with me or support it. more likely we doing in the next congress. senator mary landrieu is trying to move forward with some version of our bill, the reality is there will be challenges in terms of her getting 60 votes and coming up with a procedure you don't allow any amendments to advance the bill. what happens in this congress in a lame-duck but ultimately we will get keystone because the public wants it even though the president will continue to oppose it. stuart: will use some of the relationship between the white house, the president and the new congress? now we have a possibility of executive action to legalize 5 million illegals in the country and probable executive action through the epa to get new rules to get the climate deal with

china, what is the relationship between the two side at this moment? >> a really big concern. the voters spoke, they don't want this 1-size-fits-all government the administration has been pushing and they don't want the administration to go around congress. absolutely the president is going to wrong direction. he needs to work with congress. that is what the american people said very clearly in the last election. stuart: do you think he will retreat at all and deal? >> we will work to go back to regular order and pass legislation and put the pressure on him to work with us and i hope the public push, he starts to work with us, doesn't look like he is going that direction. stuart: thanks very much for being with us. a big week for retailers and we have a retail winner. adam shapiro, american eagle.

>> we boosted earnings guidance for the quarter. they are expecting earnings per share of $0.22, the street was expecting $0.19 so the shares are trading up 8%. you today they're down 6.6%. if you compare them to other retailers like abercrombie and fitch, they are down less than the others which are down 11%. and despite the stock being got investors might want to keep up on that. when you look at holiday offerings we know the fed and capitalist principles, you would look stunning in this. american eagle, hearken back to your day is the london is full of economics. put that again. that looked to me like a robin hood outfit from and carol flynn movie in the 1930s. >> they refer to as the elf out fit. we referred to you as our little

else. stuart: that is very funny. how long will you be at the stock exchange? >> if i keep this up and not much longer. stuart: thank you very much indeed. in new report from the king of commerce and it says the president's entire growth agenda is putting the american dream in jeopardy forcing millions of people to a lower standard of living. the american dream, is not there anymore. to you think it could be restored at 5% or 6% growth. >> we don't need 5% or 6%. cbo has shown nestle over the last seven years, they see potential growth, long-term trend growth ratchet down in virtually every year and we are now down to where we are growing instead of the 3.3% that we were growing, we are growing at 2%

for less. that doesn't sound like much, the difference of 22 and 3 is 50% and overtime, over a decade or two or three the difference is very profound for americans, individuals, people's the ability to expand, invest, send their kids to school. it is very important and we are ignoring it. stuart: the chamber of commerce is the big deal, chamber of commerce saying this is the obama's fault? >> the chamber of commerce is saying the policies that have been enacted have not helped to restore us to our former level. we saw coming in to the economic downturn that we could grow on average, we saw during the turn that we slowed dramatically as you do in economic recessions. normally use stop back. the cyclical growth picks up and

you close the gdp data and get back to your long run trend. we failed to close the gdp data and still extends. and it was ratcheted down. and we see those policies change. stuart: speaking for yourself as an economist. and drill for more domestic energy. i am not asking you to speak for the chamber of commerce. if we did those three things would we get 5% or 6% growth? >> we might get 5% or 6% growth in the short run. in the long run we probably get a little less but it would still be profound. and we are trying to make the point in this study. and over long term, make a very big difference.

in the short run, suggestion that is made would help boost cyclical growth and in the long run they would help boost our potential rate of growth. that is really important to slow the potential rate of growth, and the the measure of standard of living and when you are complacent and you accept 2% rate of growth instead of the 3.3 that we had over the past four or five decades you are really condemning the future to of much more dreary outlook. than what we should be expecting. stuart: we appreciate you being with us, thanks very much. stuart: great to be. the dow jones industrial average momentarily went positive, down 5 now but just a few seconds it was to the upde. it was dead flat at the moment. i will head over to tres knippa in chicago. outlook at the climate deal. what are all these regulations going to do for my utility bill?

>> senator john hogan from north dakota, he had grown a pretty impressive november mustache. when can we see your is? >> in all seriousness think about what the president is going to do. now that he got completely throttled in the election. the electorate completely in eviscerated all of his policies and his entire presidency, he will hit the road now. and make these though agreements about climate change and things like that. this has only just begun. he is on the road quite a lot. that is a presidential lancer in this throttle. and let's appeal to the far left liberal base. that is the origin of that agreement is not united states economic growth. stuart: when the president takes to the road, take a great deal

of attention, will be successful in pushing through the china climate deal and executive action. on illegal immigration? >>. end in that sense will be successful. >> can money buy you happiness? >> it can certainly buy you a lot of convenience. what is the line for boiler room whoever says money can't buy happiness doesn't have any. that is the only thing i can fault that on. i will give it a shot. thank you very much indeed. i would like to find out. stuart: i am trying to find out. thank you, tres knippa. here is what we have the rest of this hour. deep freeze in the midwest with a foot deep snow storm blew some suggesting it could cancel out

the stimulus from low gas prices. ali baba sold $9.3 billion in one day, much more than amazon could even dream of. a stock picker who says ali baba stock is going to go up some more. he is betting amazon goes down. the obamacare disaster, and make the point no matter what republicans do, it is here to stay. can't get rid of it. after the break california on why one bird is costing california taxpayers millions and demeans millions. unbelievable.

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so i can reach ally bank 24/7, but there are24/7branches? it's just i'm a little reluctant to try new things. what's wrong with trying new things? feel that in your muscles? yeah... i do... try a new way to bank, where no branches equals great rates. stuart: the watchmaker known as fossil, higher profits, 7% higher. and other big-name common disease, good profits, better than wall street expected. up big, 4%. let's go to california.

there's a span in oakland that has been replaced costing $6 billion. the old section cannot be demolished. why is that? jeff flock of double crested birds won't move. removing the birds will cost $33 million, $40,000 a bird to move them. come in college teams lazy, the author of taxifornia. this is the height of ridicule. how can you possibly stay in california with this kind of nonsense? >> come on. i am a native californian and i was born in oakland near this bridge with i am never going to leave. angela merkel didn't give up on east germany, she chancellor. this is the situation where the state of california is giving the taxpayers the bird once again. the span of the oakland san francisco bid bridge that is standing there, that is occupied by these birds is a 70-year-old

rickety bridge that exists still because of those slow response of state government to be able to fix this bridge that had a seismic event 25 years ago. in the process, they went $5 billion over in trying to fix the bridge. they tried to open a year ago but it is full of flaws, bad wells, is full of rusting steel, $5 billion overrun and the problem is after 25 years of finally getting this thing going, they can't demolished the old portion of the bridge because of environmental regulations that allow these birds to take over. $33 million to get rid of those birds, $40,000 a bird. let me mention something. and nearby oakland, 30% of the children in this city of oakland live in poverty. they live in families that make

$23,000 annually or twice. how can we have a rational situation in california where we propose to spend $40,000 to remove all bird when we have all these children and all these people living in poverty and you know why? the high tax policies of the state. stuart: with a second. you got to explain this. this is to me inexplicable. you got to tell me what percentage of the california electorate actually wants to spent $40,000 on a bird. what percentage? it can't be more than 5% surely. >> this is the dichotomy in california. in california people are unhappy with their government. you have been talking about as many give you love or does money give you happiness? in california we have very unhappy taxpayers. they don't like their government but they continue to vote in politicians that raise their

taxes. the result has been a terrible economic environment and i think this bridge is a testament to the malfunction of government in california. in my view the results should be very should let the birds take over the bridge. just leave it. we have the statue of liberty in new york harbor. why not leave this rickety 78-year-old bridge for the birds to take over? it would be a monument. stuart: california is so unhappy, how come they reelected jerry brown to be the governor of the state and he beat his republican challenger by nearly 20 points? 20 seconds to explain that one. >> he really clobbered him and the answer to the question is the political system is overwhelmed with public employee spending. brown had a $25 million advantage in his race and he was so confident of victory that he

took a $100,000 contribution from philip morris and wasn't criticized. what politician could take $100,000 in the tobacco industry? jerry brown did. stuart: you are our guy on california and we appreciate you being with us today. the supreme court hearing arguments today about maryland, double taxing its presidents who make money in another state. you live in maryland, you make some money in another state, you pay income tax on the money made in another state. peter barnes is with us. you want to explain this one? what is going on? peter: stewart, in that situation if you live in one state but you operate businesses in another state and yet the state and local taxes in that state based on the income you get, your home state usually, every state except the state of maryland gives you a tax credit

for the amount of taxes you pay in that other states of that is the subject of this case today. some people in maryland had health care service businesss in other states, the state wouldn't give them a credit for the taxes they pay and the other states so the taxpayers, the maryland residents are arguing this is an unconstitutional double taxation under the commerce clause which says that you basically can't do this but the state of maryland says under the constitution states are also allowed to set up their individual tax structures and 6 -- for individuals and businesses so the supreme cou out of this and let maryland do what it wants. i will say the justices asked more critical questions of the state of maryland's attorneys than they did the taxpayers's attorneys. that doesn't necessarily mean that they will rule in favor of

the taxpayers that the questions were tougher for the state of maryland on this. stuart: we are glad to hear it and maryland got a republican governor. that is fascinating. peter barnes, thank you very much, peter. bruce springsteen doing a disservice to our veterans last night. watch this and i will explain. ♪ stuart: when we -- -- [ breathing deeply ] [ inhales deeply ] [ sighs ] [ inhales ] [ male announcer ] at cvs health, we took a deep breath... [ inhales, exhales ] [ male announcer ] and made the decision to quit selling cigarettes in our cvs pharmacies. now we invite smokers to quit, too,

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stuart: breaking news, the family of thomas duncan, the man who died in dallas of ebola, says they have reached a settlement. no word on the dollar amount. they failed to diagnose him on his first visit. the family was talking about suing but they have settled. a big name, you know what, yahoo. 5036. there you have it. best buy will not be pulling an all nighter for black friday. it'll open an hour earlier than

last year and close at 1:00 a.m. on black friday morning, open up again at 8:00 a.m. most of the retailers or many of the big guys open more than 24 hours straight, but not so that one. these two women on your screen have been camped out since november 5. is this too extreme? those people are still there and will be for some time. bruce springsteen, a big event held at the national mall, but their song choice raising eyebrows. listen to some of the lyrics. ♪

stuart: i was hoping to subtitle the lyrics, i cannot quite make out what bruce was saying but may disapprove. an antiwar song to protest the draft in the vietnam era. springsteen is an outspoken leftist, has not been shy about speaking out in the war in iraq and afghanistan but this was neither the time nor the place my opinion. lot of reaction from the viewers on this one. mark says bruce has an anti-america from the get-go. it does not surprise me at all. it was an idiot idea, but bear in mind if you have played anything else, nobody would talk about him or his band this morning. what do you expect from an elitist hollywood type and obama supporter. below zero temperatures in the midwest, foot deep snow storms, now are saying recent weather can wipe out or cancel out the

stimulus from lower gas prices. i'm a little skeptical about that.

stuart: updating breaking news

we brought you moments ago. the family of thomas duncan says they have reached a settlement with the hospital where he was treated. the hospital texas presbyterian initially failed to diagnose him correctly. he later died. no word on a dollar amount on the settlement but we do know his fiancé is not getting any of the money. recalling the deal with china total bust. look at john hoven. >> under this deal we have to reduce emissions, some of between 20-28% by 2025. china continues to increase their emissions through 2030, i don't know how that is any kind of a deal at all and i don't think congress is going to be willing to support it. >> china vowed no reduction in emissions at all. all they said is we will hit a peak in our emissions 15 years from now, a rotten deal.

stocks have come back from their lows down 11 points. smuckers, the biggest loser on the s&p down 3%, a week outlook, down comes or stock. could a nasty winter with letter like we're seeing now in the midwest, could that derail, cancel out any stimulus from cheap gas? elizabeth macdonald has some wisdom from wall street. big stimulus because of lower gas prices, is it going to be cancelled out if you get a russian winter like we see in the midwest now? >> yes. $40 billion is what has been estimated into consumers pockets from the drop in gas prices since june. stuart: 40 billion? that is huge.

>> there was excitement we would have a great holiday shopping season. when the polar vortex hit the last quarter of 2013, i think in the same polar vortex now, took $100 billion estimated out of the u.s. economy and drove the first quarter gdp number into historic negative territory. so will it offset each other? the answer is probably yes. stuart: only if we get a terrible winter like we had last year. purely speculative. stuart: just as reliable, right? the other issue is more people pile online as your producer right be put it. you know that is less than a third of holiday sales. when they go out to brick and mortar, they like to go to the movies and all sorts of things. you don't really do that when you're at home on your computer.

stuart: a second you terrel cancels out the goodies from a lower gas price. >> yes, that is what was really talking about right now. stuart: that wasn't bad, thank you very much. >> i feel like i can't wrap presents. i like other people doing it for me. stuart: obamacare, fewer people will sign up than anticipated. the supreme court will rule on those subsidies and senate republicans are talking about a vote driffield whole thing. i have to ask you this, no matter what happens, i don't think there is any good outcome here because i don't think you can repeal it, so we're stuck with it, and if you do repeal it you cannot give it a bit completely. i don't see anything good coming in the future from obamacare, do you?

>> it is a drag on economic growth, absolutely. but i do think the new congress is going to come back here ready to go and starting to repeal specific provisions of this law that are the most destructive and i think one of the first things will be the employer mandate because it is retarding hiring causing employers to distort their hiring practices and it is also a huge migratory burden on what they have to report. stuart: you say congress wants in its first act against obamacare repeal the employer mandate, that mandate states everybody who worked with this company must have this level of insurance coverage, and we the employer must offer it. you say priority number one other republicans just to get rid of that mandate. i say he can pass that legislation but will not be signed i the president, is it?

>> there have been a lot of papers from people from centerleft think tank's saying the employer mandate isn't doing anything. the president has already delayed it himself because he saw the damage it was doing in jobs creation and i think there will be very likely bipartisan support in both houses to get this through. stuart: so what is a, number two? >> they will look at some of the taxes, they will look at the medical device tax, the speaker is looking at provisions where he can get bipartisan support for targeted repeal and i think you will see that, i think you will also see more flex ability with people being able to keep their current plans, to not have such a prescription on what those plans have to include they will take a targeted approach. will probably take an initial repeal vote. when there is strong bipartisan

support for some of these targeted provisions i think they can actually get through. there have already been 10 provisions changed in this law by republican congress. >> if those three major provisions were taken out, you don't have much left, you have got to the obamacare, haven't you? >> still about a trillion dollars of new taxes, $2.6 trillion in spending, $716 billion in cuts to medicare. the story medicare-medicaid, expansion, there's a lot left in this law, but one of the most important things in the new congress is to not do something that is disruptive in a new way. they need to fix this at a targeted way, it is transparent to the american people know what they are doing, put it all up front rather than try to hide it

as jonathan has said, and have this be a targeted step-by-step approach to commonsense reform, i think they can make some progress teeing it off so a new president could then come in with a new agenda, a new replacement strategy to get us back on the right track to real competition and real choice. stuart: so it will be a huge issue. thanks very much, indeed. keep us up to date with what is going on at least. alibaba sold $9.3 billion of stocks in one day? a stock picker who is buying alibaba stock. and he is betting amazon stocks the other great internet company online seller is going to go down, that is what is happening right now. back in a moment.

adam: i am adam shapiro on the floor the new york stock exchange. the dow and s&p are struggling to go into positive territory. if they should close today in positive territory, six record close in a row for both. taking a look at stocks hurts today especially after five, six settled with regular readers over many no foreign currencies. jpmorgan chase among the banks, secret among the banks trading

down at this hour after $3.3 billion settlement. look at the retail side. alabama trading up today after record sales on single stay in china bid alibaba is up as you can see almost 4%. reported today, jcpenney, see how that retailer does and cisco systems. more "countdown to the closing . cme group can help you navigate risks and capture opportunities. we enable you to reach global markets and drive forward with broader possibilities. cme group: how the world advances. [annit's working forny. new york state. already 41 companies are investing almost $80 million dollars, and creating 1750 jobs.

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stuart: look at the internet retailers alibaba, amazon. he says by alibaba because it is going up, sell amazon because that thing is going down. make your case. >> if thei there heavyweight pre fighters, they're fairly equal in terms of size and the business model that have. if you take a look at the tale of the tape, amazon is just knocked out by alibaba, land the ground. stuart: amazon was at 400 now 300, you think it took the dive because alibaba came from nowhere at 112. >> it has not come from nowhere but it is getting a lot of recognition for the genius company it is. if you look at the earnings, they are ridiculous. i was on his $85 billion earnings last year begins at a loss $0.47 per share. alibaba has 10.37 billion in earnings, this is not cost, this

is revenues, and their earnings-per-share not $2.17 on a forward-looking bases if you like p/e, amazon 339, alibaba 38. stuart: we were almost going to buzz you. you say alibaba goes to what to wear? >> overtime this is just one of those stocks you have to hold onto. there is not a flaw for amazon, amazon has to get above $3.60, hold that and move higher from there. it is in deep trouble. stuart: i want to raise an issue, tens of millions of people have had their credit card taken off them because the information has been compromised. they lose it for a week or 10 days. i am one of those people, i think this will have impact on

the retail sector, holiday shopping because people don't have access to credit like they did last year or the year before. and you say? >> it is really pervasive, which is really sad. in terms of investors or stocks it will not affect them because the stocks have both back from any readiness anything that is happened. as far as customers, you don't seem to be bothered by it. they will be protected. stuart: i am bothered by it. >> i don't see it affecting retail that much. it might have its impact but i don't see them passing is based on the sales and seen so far. >> you are the guy who said microsoft is going to go to 50. never forgotten that, thank you very much indeed. let's stay on microsoft, where are we now, he asks. they are down a little bit, i will take it. i have a new product out.

the band, a fitness tracking bracelets. early reviews not good. come on in jeremy who has one with him. do you like this thing? >> it is a love-hate thing. posted the review i called it terrible and amazing all at once. stuart: what is wrong with it? it is not an apple watch competitor, is it? >> no. this is a fitness band, but a wearable device and it is hard to wear. it is too bulky. >> i am wearing a medium myself right now. you can wear it on top of your wrist. i have it. i wear a shirt for a living, it has a nice rubber finish to it.

it is a wearable you can't wear. that is a critique. it is meant to be worn day in and day out. other things are so much more comfortable. it is amazing, more sensors than anything else on the planet. gps accelerometer, skin temperature, uv optical heart rate, skin response, it has sensors that don't work yet. said let's throw them in and we will use it eventually. why would i spend $200 be told what my heart rate is, uv exposure. >> some of this stuff is fantastic. if you are a runner, it has a built in gps and can tell you exactly where you went.

stuart: i can do that with this. >> it is inconvenient. it has guided workouts for you from gold's gym and men's fitness. to a couple push-ups and it knows what you have done. like a personal trainer on your wrist. i don't want to wear it. stuart: apart from that, get on the team and say this is great and we will do something with microsoft stock. >> it is phenomenal and will be an important part of this whole ecosystem going forward. stuart: can i have this? >> of course. you've got it. stuart: not bad at all. i do have to give it up, $200, cannot accept gifts like that. royal caribbean betting big on a smart ship. a billion dollars worth.

all aboard after the break.

stuart: one week after carnival reviewed the super ship, royal

caribbean unveiling the quantum of the seas ship today in new jersey. the price take is a billion dollars. do a commercial for me, what do i get for a billion dollars? >> cannot see them to take me out to see, so we are at sure, but we will do that commercial for you. when you say smart ship that means technology we can get him the short to your room in less than 10 minutes had track your luggage, wi-fi faster than every other bandwidth in the world combined. also you can see behind me something called the north star, goes all the way up in the air with panoramic views of the sky and the ship. bumper cars, simulated skydiving, circus school and you will like this one, talking

about robots, bionic bartenders. stuart: is the buffet open 24/7? >> there is no formal dining room. this is one of two co-similar smart ship's coming out next in the year after. thank you very much. >> see you later, stuart. stuart: more "varney" in just one moment. ok, why's that? no hidden fees, from the bank where no branches equals great rates.

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i am cheryl casone in for deirdre bolton today. in the show done over neutrality it is the white house versus regulators, why the chairman of the fcc says he may just ignore president obama's call for free and open internet. and online, yahoo ceo melissa meyer feeling the pressure from shareholders who are once again pushing for a merger with aol. plus, history was made today. the amazing images of the first spacecraft to ever successfully land on a comment went into the record books. more on the gravity of that mission with means for the future of space exploration. but first, to the top story tod. firing back i call for tougher relation on high-speed internet providers. obama wants a fair and open internet. urge the agency to protect these rules of online inequality and principal.