an american, aren't you? ashley: i am. a proud, proud citizen. stuart: you were born in brooklyn for hens sake. -- for heavens sake. what's the policy? tax the rich. what's the goal? redistribution. what's it calls? socialism. good morning, everyone. what a way to start a monday morning, eh? same old, same old to. take more from the rich in capital gains, give it to somebody else. take more there their estate, give it to somebody else. take this from this group give it to that group and tell 'em, tell the voters you're going to benefit the middle class. whoa what a scam. hasn't worked for six years, but that's the plan the president will reveal in the state of the union speech tomorrow night. fortunately, the republican congress is having none of it. get ready for a big show. this is the day we celebrate the life of a great american, martin luther king. "varney & company" is about to

begin. ♪ ♪ stuart: yes, the markets are closed. but oil is trading, and look at it now, $47.93. okay. big news on money. it's the price of gasoline still falling over this holiday weekend. will you look at this? the national alleger for regular down to $2.06 a gallon $3.28 a year ago. do the math. we're saving $1.22 a gallon. look at this, perhaps just as important, 25 states are in the $1 club. the average for regular is below $2 a gallon half the country. the cheapest gas is -- [laughter] i might even drive there for this -- doctor 1.35 for regular at the murphy usa in texas. steve moore is with us this monday morning, chief economist at heritage. steve, look, we've said this

before massive stimulus from cheap gas. but now along comes the president, and he wants to take it away with tax hikes. what do you say? >> by the way, stuart i'm old enough to remember back in the late '90s paying 89 cents a gallon -- stuart: hold on a second, steve. when i first came to america i remember gas wars. it was $25 at one station -- 25 cents at one station a gallon and 24 cents across -- >> how old are you? [laughter] look, here's the rule of thumb. for every penny reduction in the price of gasoline at the pump stuart, it's a billion dollars in the pockets of consumers. so you just said that we've reduced gas prices by about $1.22 over the last six months. that's $120 billion that is put into the pockets of consumers. that's a great thing for the american consumer. it means they have more money to spend on other things, take their family out to a restaurant or retail stores, it's great for

the airlines. so i still think this is a positive story for the u.s. economy, and let's not forget we're still a net importer of oil. so as the price drops, out reduces our balance of trade deficit. i see this as a very positive story notwithstanding some of the glum reports about how this is driving the market down. stuart: the problem for me is you've got the this wonderful stimulus, but it's being used as an excuse, maybe raise the gas tax, raise taxes elsewhere. let's claw it back. >> right. stuart: it's looked at as an opportunity to take more off america. >> i know. and this is the thing that's so frustrating about this. 'vtaed about this so of class squeeze, that the middle class is not seeing the pay raise, they're paying more in inflation than their wages are going up. so finally we get a break stuart finally we get a nice break, and the first thing politicians do and, by the way, both parties, republicans and democrats say tax it, it's never

been a better time to tax it and that would, of course deplete a lot of the gains consumers are making. stuart: i'll come back to you in a second for more on this tax and tax idea from the president. i want to go to republican -- capitol hill, republican congressman david jolly is with us. beat up wall street, that's going to be the president's message tomorrow night. surely surely none of this gets past a republican congress. so my question is, why is he doing it? >> well, because it's his typical agenda of class warfare politics of division. listen, people have said is this dead on arrival? last november 4th when the american people rejected his agenda, it's a waste of time for him to propose this tomorrow. what any president should say during the state of the union address, two things; how do we provide for our domestic security in a world of violence right now where there is threat to our homeland and two, how do we provide for our long-term economic security by addressing the threat of our national debt?

it took 220 years to accumulate $10 trillion. stuart: yeah. >> this president's going to add another $10 trillion during his administration. rather than tell us how to grow a government we can't afford tell us how to afford the government we have. stuart: but how many democrats especially in the senate are going to go with the president down that left-hand road? how many is he going to carry with him? because i'm sure there are democrats in the center -- senate and in the house who are not going to go for tax increase. >> i don't think so. listen, this won't be a story a week from now. this will be one of the most forgettable moments of president obama's administration to propose additional taxes. you and steven are right the notion that congress would even consider or a fuel tax increase right now when we actually are making improvement on putting money back in the pockets of the middle class, we need to protect those gains not retreat there them. stuart: it's just dismaying on a monday morning to come in and start talking the president wants more and more taxes.

but here's something else that was dismaying to me this morning. >> sure. stuart: seeing michael moore's tweets about the movie "american sniper." he refers to snipers as cowards. would you just give us your quick response to that, sir? >> i sure will. listen, chris kyle is an american hero. every special operator everybody who puts on uniform is an american hero. they are protectors. the coward is the man who hides behind twitter to insult the contribution that those individuals have made. i'd invite the director down michael moore, to my area in the tennessee area where so many special operators are -- tampa bay area to a bar called bad monkey and i suggest he doesn't bring his film crew if he comes. [laughter] stuart: i'm on my way, congressman. i know you're a busy man this monday morning, but we appreciate you being with us. >> thank you, sir. stuart: yes, the markets are closed, but there's still some business stories of interest for you right there. look at this. to china regulators there

making it harder to borrow money to buy stocks. that's what's called trade aring on margin -- trading on margin. the result of the chinese move, an 8% selloff in their market. i wonder if that's going to hurt us here when wall street reopens tomorrow? next up, samsung says it doesn't want to buy blackberry outright but it wants to develop a broader business partnership like using blackberry patents in samsung's mobile devices. then there's amazon, developing more original content says it will produce full-length feature films. they would debut in theaters like traditional movies then head to amazon.com for streaming. steven moore we've kept you waiting all this time sorry about that. i want to talk to you about the state of the american economy. we had a growth rate of 5% in the third quarter of last year. now we find that the rest of the world is plunging. interest rates are falling currency turmoil, recession in europe recession in japan.

is that going to affect us and drag us down? >> let's hope not, but i think it will to some extent. look, i think the story of the u.s. economy is we've moved out of this really flimsy 2% growth rate over the last five or six years which has been the worst recovery period since the great depression. i do think we bumped up from 2% to about 3% growth. we're not at 5 we're probably closer to 3 which is going to feel a lot better over the next year than 2% did but we could still do a lot better, and one of the negatives on the economy is what you just mentioned, stuart. the rest of the world isn't growing. we're the only -- we're kind of the least rotten apple in the cart right now. stuart: who did this? if we've moved from a 2% sort of growth rate to a 3% growth rate how did we do that? >> right. oh, i think it's spending restraint. look, government spending's actually come down from 24% of gdp in barack obama's first couple of years in office, now we're about 20%. that's a big deal. it's a kind of anti-keynesian

stimulus because when the government spends money, it actually drags down the private sector. i think there's a lot of relief among business that with a republican congress at least some of the worst instincts of this president -- by the way you just mentioned some of the worst instincts -- are going to be curtailed. and i have to say this stewart, if you want -- stuart, if you want to tank us and go right back to recession, do the things president obama is talking about in the state of the union. he wants to raise the capital gains tax from 24 to 28 president, higher than it's been in 20 years, he wants to raise the estate tax. we just had a big deal, bipartisan deal on the estate tax about a year ago and now he wants to bust that deal. and the third thing i don't know if you've heard about in this yet, stuart, but there's a big buzz on in the right now he wants a financial transaction tax. stuart: oh, yeah. >> that would kill the stock market. stuart: would it really? he wants to put a very, very small tax, i mean, minuscule tax on each trade. now, would that bust wall

street? >> yeah because you're talking about billions of trades -- yeah, it's a small tax but stuart, you know this being on wall street, there are billions of trades that happen every week. you put a small tax on those, the effect of that, it'll kill the city you're sitting in right now, new york because new york should be the financial capital of the world. if you put a tax on transactions, those trades will go to places like hong kong they'll go to london they'll go to tokyo. terrible idea. stuart: but he doesn't care. i don't think the president really cares about hurting wall street. to him, i think wall street is the enemy. it's their fault that we crashed in 2008. he's talking purely politically right now. he's not talking economically this is a political move. beat up wall street, win votes. >> that's right. and this is, basically -- i call him president inequality actually because we've had this kind of war against wealth now for five or six years, and it hasn't worked. you don't make a country more prosperous, you don't help the poor by dragging down the rich,

stuart. and this has been the approach that the president has made for six years now. i mean, can you imagine raising our capital gains, raising the estate tax which means that people are going to have less they're going to put less money into family businesses if you're going to tax it away and then a financial transaction tax. that's not just going to hurt the people on wall street, it's going to hurt the guy selling hot dogs on the street in front of the fox news building because that kind of wealth dissipates from the city of new york city. stuart: let me close by quoting margaret thatcher; they don't care if the poor get poorer so long as the rich get poorer to do. and money comes down. >> great approach, right? great approach. make everyone poor. by the way, there's countries like that. bangladesh has no income inequality everyone's poor there, right? [laughter] stuart: all right, steve, we'll get e-mails. steve moore, thank you very much, indeed. >> thank you, stuart. stuart: up next measles. 42 cases in four states. health officials say disneyland

may be the source. dr. siegel has got details for us in a moment. this is all about the trend away from vaccination, isn't it? but first some dangerous weekend weather on both coasts. five killed in car crashes in the east. extreme icing conditions early sunday morning. as many as 50 cars in that pile-up outside philadelphia. one person killed there. now look at that one on the west coast. a man miraculously survived after his pickup was wedged between two semitrucks. he's actually -- there he is getting out. he escaped the crash with minor injuries. that's great. listen to what he had to say in this morning on "fox & friends." >> to tell you the truth, i can't tell you how i did. i mean, i closed my eyes and made sure i said my prayers. what do you do in a situation like that where you have absolutely no control? ♪ ♪

♪ ♪ stuart: now, if you trade stocks with borrowed money, that's called trading on the margin. and china is cracking down on it. keith fitzgerald is with us from portland oregon. keith, when the chinese made this move, their stock market dropped 8%, biggest drop in years and years and years. without getting too technical why should i care? why should an 8% drop there affect me here? >> i give you three reasons, stuart. first, 40-60% of the s&p 500 sales come from overseas a dominant percentage of that is from asia. two, there's a direct relationship between margin and stock market levels. if it's healthy, the markets will be healthy. what china is doing is proactively tapping on the brakes something i might add, the fed had the chance to do in the early '90s and the mid

2000s. neither of which they did. third, china imports 99 cents on the dollar, and we better hope their markets are healthy enough to keep buying. it's very important to us. stuart: are they trying to slow their economy down or slow their stock market down? >> a little bit of both. they're trying to get rid of the excess again, which is something that the free markets in this country want to do, but fed and our president won't let that happen. stuart: so you might see a bit of a negative reaction here tomorrow when our markets open up begun can. you think -- open up again. you think that? >> yeah, but it's going to be a blip. international traders are heavily arbitraged to each other. that's a knee-jerk action logic will prevail those big s&p 500 companies are already prepared for this and moving ahead. stuart: okay. i want to move on to cheap oil, cheap gas, april. i think this is a huge plus for every single person watching this ram.

think -- this program. a lot of naysayers there's problems overseas, there's problems with the dollar there's problems with the drillers themselves. how do you see this playing out? net-net, is it the big plus that i say it is? >> oh i'm absolutely in agreement with you stuart. i think this is a trillion dollar stimulus that for once yellen didn't engineer, didn't have to turn on the printing presses to deal with. i think it's going to the hit cash registers a quarter or two from now and it's a huge gain for the american middle class which is the one that's been left out in president obama's administration. stuart: yeah exactly. that's how you get them fired up, cheap gas. it's so simple. >> absolutely. stuart: you just make far too much sense there, keith fitzgerald, even though you do come from portland oregon, of all places. [laughter] good stuff. now this, a measles outbreak this is reportedly, reportedly it started in disneyland in california. well that outbreak is spreading. 42 cases related to disney diagnosed in california, three in utah, two in washington one

in colorado and one south of the border in mexico. the doctor is in here is marc siegel with the fox news medical a-team. now, the reports are that disneyland is the source for this. are you going to contest that? >> it certainly is disneyland, stuart, but i'm concerned about the border camps down on the mexican border. now, that's because kids come from central america, and they have not been screened for mmr advantage coon. stuart: that's -- vaccine. stuart: that's the measles vaccine. >> i asked cdc about this, and they're not denying it. it might have come from down there, but once it gets to disneyland, the problem is the state of california does not have the highest compliance rate with the mmr vaccine either. no child gets it before the age of 1. we don't start with the mmr vaccine until the age of 1 because they can't mount an immune response. they get the second one before they go to school but a lot of parents are saying, no, they're

signing something and saying no we don't want it, putting other chirp at risk. -- other children at risk. stuart: the cdc is backing up what i've been saying all along i don't want to get a flu shot, they say it's only 23% effective this year. come on, doctor. >> first of all, it's going to be about 40% effective by the end of the year when the other strains come in. they come in late in the year. those haven't been added to the picture yet. second no downside to getting this vaccine because it decreases hospitalization rates or visits to me and other doctors by that 40% i'm talking about. thirdly, that's not what the cdc says. they want you to get a flu shot but they're pointing out since it doesn't work as well this year diagnose it earlier, isolate people who are sick and consider using antiviral medications like tamiflu earlier in the game and i agree with that. but get the flu shot! stuart: you just want to stick chemicals in me from who knows

where to achieve a 23% success rate. that's not good enough. >> it is one of my goals to get you to agree to take a flu shot. stuart: just pay me $100. would you do it? >> you should do it for the good of those around you. what happens if someone who's pregnant or young children are around? you want to protect the -- stuart: can i be a carrier of it without actually getting it yourself? >> yes. you can have a low-grade subclinical infection. meanwhile, you're busy spreading it. now, comparing it to measles -- stuart: oh no, no, no. >> not the vaccine, let me make a point. flu, for every stuart varney that gets the flu, only one out of four people get it. but for measles, 90% of the people get it. it's the most infectious virus known to man. it is much easier to get than something like the flu. stuart: i have absolutely no problem with the measles vaccination. >> i know that. stuart: my kids have all had it, my grandchildren, under no circumstances would i exclude

any of my family -- >> you and i are both big proponents of mmr. stuart: let's get that straight. flu shot, another story. [laughter] "american sniper" setting new box office records over the weekend, $90 million ticket sales. not everybody loves it. we'll tell you which hollywood or what hollywood liberals are saying about the academy award-nominated film. that will be after this break. watch this. ♪ ♪ >> you're not worried about what might happen? >> done pick it up. you just got a big bump in miles. so this is a great opportunity for an upgrade. sound good? great. because you're not you you're a whole airline... and it's not a ticket you're upgrading

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♪ ♪ stuart: all right last week president obama proposed lowering insurance premiums on housing loans mortgages lowering them by about half a percent. he said this would help lower income people. turns out it's not helping people in well -- [laughter] not helping poor people, right, cheryl? it's helping people in -- >> no. well-off areas. stuart: he wants to lower home mortgage insurance -- >> uh-huh. stuart: so it's cheaper to get a mortgage, but it's backfired. >> the best way to look at it is

1.35% right now becomes .85% it's a reduction on what you're paying off your monthly mortgage -- stuart: that's mortgage insurance. >> fha loans only. they claim boar recorders -- borrowers are going to claim $900 a year but it doesn't turn out that way. i was looking at data from realty track, here's some examples, if you're in bergin county, oh great, you're going to save more than $1900 another break for the rich. thank you, president obama. $2100 in san diego. now, if you're in wichita or new york, you get a less break. so these poorer areas, the break is lower. the wealthier areas the break is higher. it's doing the inverse of what the president promised when he gave that big speech in phoenix last week. stuart: the law of unintended consequences. you want to do this you try to do this but, in fact you do the exact opposite. >> exactly the opposite. and also remember fha loans

historically over the last 25 years, they're more prone to foreclosures. stuart: ah. >> so you might be be in that wealthy area in san diego, but you have a higher chance of getting your home foreclosed on. prices are continuing to go up and up, so not what the president intended and not the message i'm sure he intended to send. stuart: thanks, cheryl. "american sniper" won the weekend box office bigtime. it has hollywood divided. the film brought in a record $90 billion, largest january opening since avatar. that's a huge -- >> huge, huge numbers. they expected -- they were estimating about $40-$50 million. it set all sorts of records, it's the biggest opening in clint eastwood's career, the biggest opening on mlk weekend the biggest weekend in january ever, so it's a huge, huge success. stuart: the theme of the movie

was not the kind of thing that brings out huge crowds. i was really surprised at $90 million. look, many celebrities showed their support -- >> yes, they did. stuart: but for others it was a very different story. i know you know this, but i'm going to show the viewers. here's michael moore's take. this was a tweet okay? my uncle killed by sniper world war ii, we were taught snipers were cowards, will shoot you in the back. snipers aren't heroes and invaders are worse with. i say that's a direct insult to america's men and women in uniform. >> you know, my grandmother used to say you get the face you deserve in life, just look at his face. [laughter] look, there's a little box office envy going on here. he's an ass let's just put it out there michael moore. you know a guy like him owes so much to the men and women in the armed forces and to -- stuart: i don't think, though, that that level of insult that level of contempt, i don't think

it's shared widely in hollywood or is it? >> no. hollywood's, it's a liberal town, for sure. and i think part of this, i can't help but think they're in the middle of campaign season for the oscars so all the studios are doing what they have to do to bring home the awards. i can't help but think this has a little bit -- it's about seeing this movie doesn't get big picture. stuart: they don't want it to? >> i don't think they do. stuart: has it been nominated? >> best picture and best actor for bradley cooper. stuart: but not for best director. >> not for best director clint eastwood. but if it does win best picture he still wins because he's a producer, so i wouldn't read too much into that. stuart: yeah, but it's a lot of positioning prior to the actual awarding of the -- michael moore does not want this to win any category period. >> that's the fairest thing to say, for sure. stuart: well, let's get out there -- [laughter] >> the american people voted this weekend. you don't make $100 million at

the box office and not appeal to -- >> how dumb is michael moore? i mean, he's biting the hand that feeds him. >> how dumb is seth rogen? i go out there and say i bet he did not see this movie. him, out of all people, owe more to the men and women who go out there and serve this country and enable him to have the right to go out and make garbage -- >> alienate all of them. >> ridiculous. stuart: you got that one right there, michael. [laughter] >> thanks. stuart: up next, you make it president obama wants to take it even after you die. yes, we will wha five-year anniversary. we have the old gang back together original company members chris carter, tracy byrnes are here after the break. >> hey stuart, congratulations from "the five" on five years on fbn. good luck and, i don't know maybe 50 more. good luck, stu. >> 50? he's going to be dead in 20. [laughter] >> that's the dumbest thing i've

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♪ ♪ stuart: the president wants to take more money off wealthy people when they die.

he's going to raise the estate tax. he's going ab it in a rather -- about it in a rather or strange way. he'll make this proposal in the state of the union tomorrow night. i want to understand this, so here is a certified financial planner with financial services, and he is going to explain. okay, let me start. i own microsoft stock. if i give it or my children inherit it in what way will president obama raise the tax on my microsoft stock which has been very profitable to me? >> okay. so currently if something happened to you and they inherited it today, they would get what's called stepped-up cost basis meaning they would get the cost basis upon at the date of death. what the president's proposing is that they would not get the stepped-up basis any longer, they would pick up your original cost basis. stuart: hold on a second. so if i bought this stock at $20 a share and it's now worth $40 a share and i pass away it goes

to my children, they pay tax on anything over $20 a share? >> they will inherit your $20-a-share cost basis, correct. so theoretically they're paying tax twice because they also have an inheritance or state tax that they're going to have to pay potentially, and this new capital gains tax. stuart: that is a massive increase in the taxation to have wealthier people's estates. >> not just wealthier people he's calling in the trust fund loophole okay? in fact this happens to many many people that are not very wealthy. you have people all the time that inherit money or inherit other than dollars, they inherit stock, real estate that they will be subject to this new capital gains tax. stuart: that is a big jump in the state's take from my estate. >> absolutely. stuart: but can i avoid it by starting trusts? put it into a trust fund for the kids? can i do that? >> well, there are some things

that -- stuart: that's your business, isn't it? that's what you do for a living? >> that's what we do for a living. what they're trying to do is get as much money as they can from one's estate. and they currently have a system where they get up to, you know, 40% in some case, and now they're trying to get more. in addition, they're raising the capital gains tax. stuart: right. >> to 28%. so no matter which way you look at it less money for the kids more money for the government. stuart: okay. al gerber i think we understand this one clearly, let's hope it doesn't pass. >> thank you so much. stuart: thank you, sir. and one week from today, make sure you tune in for the or new show called "strange inheritance" with jamie colby one week from today please 9 p.m. 26 of january. all right, everybody smile. [laughter] "varney & company" is five years old today, and to celebrate, we brought back the gang. do you remember these guys? look at him, look at him!

that's chris cotter. there's tracy byrnes. >> hi, everybody. stuart: you're a star -- >> look at tracy when you say it. don't look at me. everybody out there knows that. >> this is espn at its best. stuart: chris carter started with us five years ago today. >> that's right. >> we were jammed into a corner. >> shift to different spots in the studio, and we're almost right back where we were. five years ago tracy, i and charles were way on the other side of the studio. you didn't even want to sit near us. put these guys on the other end of the studio -- in five years, we've all gotten closer and more comfy. stuart: i made you a star. >> you did! i left fox and went completely down the tubes. >> no, you didn't. stuart: if you don't know ladies and gentlemen he handles football, college football for espn, don't you? >> i do. unbelievable year for us. yeah, we sent an early, we

literally invaded the dallas/fort worth rehr over the last -- area over the last couple of a weeks. great first playoff for espn and i think it's going to be great things to come. stuart: why are we giving you such a promo? >> i know, i love it. >> he's so much cooler in my house than i am. [laughter] who cares what i do. i might as well wash toilets for a living. [laughter] stuart: a very successful program. that's what you have done. >> i think chris charles and i catapulted this show to where it is. >> that's right. stuart: excellent. >> thank you. >> you were getting support from the folks here in the studio. stuart: how is it living in central connecticut? >> let's talk about other things. [laughter] >> in the poolhouse on your property? just jim dandy. [laughter] >> that's the other thing, we know you would never let us prosper. stuart: are you going to stay there for at least a half hour? >> i'm here as long as you need me. stuart: need to hack into someone's e-mail or facebook?

new web site billed as the craig's list for hackers matches you up with a hacker who can do your digital dirty work for you. that legal? not sure. >> hey, stuart from all of us here in washington, congratulations on five years of "varney & company." keep it going.

welcome back to showdown! i'm jerry rice here discussing the big race between the tortoise and the hare. my guest is stephanie branton. jerry, i'm going bunny. shocker. not really. you see, the hare's "thoracic limbs" allow for greater extension and elongated strides. look for the hare to leverage this advantage. ok. vote on twitter for your chance to win a mercedes-benz big race viewing party. stuart: ladies and gentlemen chris carter. >> dow jones is reporting samsung wants to develop a partnership with blackberry but

has no interest in buying the company, although they could probably to it for $250. reports say they want to use the company's technology in samsung devices, rumors of a possible acquisition as recently as last week which both companies have staunchly denied. at&t will take a $7.9 billion charge for pension-related costs due to the fact that retirees are living longer like this guy over here. [laughter] new estimates say today's retirees over the age of 65 will live about two years longer than in 2000, unfortunately. and next hour we are going to look closer at apple and google. they've been taking a beating lately so what do they have in the pipeline? any innovation? anything else coming up? stuart: jeez, that was terrible. >> stuart wants to know. locked and loaded in microsoft stock after all these years. >> he read that cold.ctiv stuart he shouted it! begins with the cloud. this is "titanfall," the first multi-player game built

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stuart: we talk frequently on this program about what i'm calling a decline in consumerism, especially when it comes to bricks and mortar stores. listen to what cheryl casone had to say about the reason for the demise of radio shack. >> mainly in malls across america, kids don't go to malls anymore, stuart. stuart: they don't? >> no, they're online. teenagers are interacting online -- stuart: get out of here. tracy byrnes our resident mom, you disagree with that, don't you? >> i do, they go. kids go to the mall. here's what they go -- chris is making noises, but they go, they try everything on, and then they go home and try to get everything on.

stuart: but they go to mall. >> they do. >> the death of the malls and really brick and mortar i think is people like accident happen positive and amazon, worry-free ordering where you can order and have it returned and all the shipping costs taken careover. that way you can try it on -- >> the social part of it too. they like the social part of it. they go, they see their friends, they try stuff on, they buy a soda. >> i know kids are spending money, but parents still spend money for the kids rather than -- >> oh, i turn my paycheck over every week to those chirp. >> they spend it without your knowledge? >> oh, no. they go, they try things on, they come home, we discuss, we'll find a cheaper place to order it. >> aha, you'll see? >> you can't take away high-end stores. stuart: cotter had to leave the show because he anchors it. i don't get a word in edge wise. >> good conversation. >> tracy and i will talk about that later.

stuart: it's over okay? i'm moving on. >> o.k.. stuart: new web site -- [laughter] called hackers list billing itself as the craig's list for hackers. could be anything, crack somebody's e-mail account, hack into the school system to change your grades. the web site matches you with a hacker who can do your dir i work for you. chris -- dirty work for you. ceo of social engineer joining us now. is that legal? [laughter] >> well a lot of the things you just mentioned like hacking into someone's e-mail or cracking someone's facebook account are not legal. stuart: but this is a service that's out there. you can if you wish contact hackers who will do dirty work for you. you can do this, right? >> yeah. if you go to that web site you're talking about and you read their user agreement it's ten pages long. and it has all these things like we don't condone illegal activity, we don't suggest you use this for illegal activity. so they know, that site knows

that a lott of the requests are -- a lot of the requests are going to be on that end, and they're trying to cover their own butts by saying they don't condone the activity. stuart: but presumably, you could go out there and find a very overqualified techie who'll do your dirty work for you. i mean, you could harass somebody like this couldn't you? i mean, you could do it if you're one of the bad guys. >> yeah. this service is not technically new. on the dark web there have been web sites that are selling hackers for hire for years. now this is just a very pretty, brand new like you said craig's list-looking site where you can go and choose from a plethora of people that are offering these services. stuart: could any one of our viewers who is not necessarily technically oriented could they go out find a nasty hacker, harass somebody using that hacker and not get found out themselves? >> well, technically yes. now, this, of course comes back

to if that person gets caught. so you could go to that site you can go there and you could search, browse some of the jobs that are being asked for, like can you hack into my girlfriend's facebook page, hack into this e-mail account and if that person takes the job that company acts as escrow, money is exchanged, nobody knows who did what. that ip address will never come back to you. stuart: do you happen to know if this is kind of a big business? >> well, from what i've heard from what i was reading about this site online is they've done over 500 jobs just in the last month since they opened. and there's many many more being posted on there daily. so i would assume that this is going to be -- [laughter] this is going to turn into a big business if it's not already. stuart: chris thanks very much for alerting us to us because frankly, i find it fascinating and rather worrying. thanks so much for joining us. >> happy anniversary by the way. stuart: thank you very much, indeed chris. you come back in five years.

what are you shaking your head -- >> i can think of only three words, cease and desist. this is not going to become a big business because the lawyers are going to come in and stop this from happening. >> or you're going to have every divorce lawyer in the world using this and trying to get information on their clients. >> that's a good point. >> i mean, if you think a spouse is cheating? i'd be dialing it up. stuart: all right. gonna move along. the patriots will face off against seattle in super bowl 29 -- is it 29? no, it's more than that. >> yeah, it's more than that. first super bowl was 1965. the roman numerals are right. [laughter] stuart: could a cheating scandal cast a dark cloud over the game? chris cotter is still with us and he's got details on this. the cheating scandal may be -- next. >> stuart varney, my favorite brit since margaret thatcher. congratulations on five years. i am so proud to be on your team. ♪ ♪

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stuart: we know the two teams who will face off in the super bowl patriots beat the colts, seahawks pulled off an amazing comeback to beat the packers. chris, i am hearing that the

patriots are being investigated for cheating? >> yeah. they talked about i how they deflated the football so in the cold and rain in foxboro yesterday you could throw them a little bit easier? stuart: yeah, but it's the same ball for each tame -- >> no, they have their own -- the officials handle the ball, toss it in and place it down on the line of scrimmage, so if it was defleeted that much -- deflated that much, it could have been completely deflated, had no area in it, and legarrette blount would have run for -- >> they could have played with a nerf yesterday. >> remember spygate? bill belly check was fine -- belly check was fined, that was years ago. and last week coach harbaugh for the baltimore team said, you know, you're using illegal formations and they were

ultimately deemed legal. there's always this sort of shad shadow that bill belichek is cheating, but in the end he's a better coach, and he wins. like it or not. stuart: i didn't know a team was allowed to deflate the ball. >> they are not allowed concern. stuart: oh well, then -- >> proving it is not easy and the other thing is they'd be fined, you're not going to go back and play the game over again. i don't know whether they were deplait facilitated -- deplaited, but the patriots were going to win that -- stuart: your voice so loud that i could not hear the time cues. >> people out there are clamoring for a voice other than yours, and their finally getting one. stuart: what? [laughter] a. >> that pompous british voice of yours. i'm kidding -- >> why i'm not allowed on the show, the jersey accent doesn't get it -- >> am i done? i have something to say before

you cut me off and go to commercial break as you did so many times when i was on this show. stuart: you've got time. >> first of all, it's an horn to be back here. -- honor to be back here. i'm being 100% sincere. it was a pleasure x for you to ask me to come back on on your fifth anniversary, it's a great honor. thanks for having me -- stuart: okay there's that $10 i owe now. >> not only not allowing us onto his property -- stuart: we're out of time but you are coming back frequently. >> anytime. stuart: o.k.. thanks very much, chris, tracy. "american sniper," runaway success at the box office. liberals not too happy. you can go so far as to call chris kyle the real life hero at the centered of the movie a coward? my take on that two minutes away.

speed to i have not seen the

movie of old american sniper." it is about chris coyote. the movie covers the war in iraq and the emotional relationship with his family. it is not criticism. michael moore. went on twitter to offer insults. invaders are worse. i find it hard to take. the men and women that protect from poachers.

will they give back whatever they came in the past? will the commander and chief standouts for his men and women? ♪ let's get right to it, shall we? american sniper. kt mcfarland is here. i am exasperated. >> they probably do not have adequate healthcare or medical care. they do have somebody come out that does this.

stuart: i just want to tell everyone exactly what michael moore had to tweak. i will put it up: the screen. what is he trying to do here? >> is he trying to write himself into the biggest story biggest movie of the current time? i remember what happened after vietnam. we treated them terribly.

it is different this time. i really think good for america. now, we have a very different attitude by the american people. i think she just does not like it. stuart: i would like to hear from the democrats. what do they think about michael moore saying this thing? will the commander in chief standouts and say something? how will they not, but i think they should. >> prof cleaned out. that is what we ought to

celebrate. stuart: thank you very much for coming on the show today. >> we have family members who have sought and died. stuart: yes, we do. thank you very much, kt mcfarland. we are down 114 on oil. it is the best stimulus program that we have going for us right now. down again over the weekend. that is the national average price for regular. will the national average break below $2 a gallon this week? that is a fair question to ask.

twenty-five states. that is a big $1 club. if you do not have insurance this year, what is the fine? >> you will be hit with a 1% of your adjusted gross income. 1% for you an end adjusted penalties for your spouse and uninsured kids. stuart: that is the fine that i will pay issue your.

>> that's right. it goes up to 2.5% the year after that. you will get clobbered in an even worse way. employees are really getting hit hard now. they no longer have the option and choosing. they now have to provide the one size fits all. to call overseas for that extra cost, they are forcing their workers to accept higher to dow the bulls. go without benefits that they have gotten in the past. stuart: okay. this calendar year. 2015.

>> the old plan your employer offered is getting canceled because it is no longer obamacare client. speak to my deductible goes up. >> your employer says you have two joined a woman's club or pay a penalty. you did labor is getting hit hard right now. getting forced with very high deductibles. their contracts will go through 2018. in 28 team, there is a 40%

different union laborer said this is bull. now, the new work is hitting the fans. stuart: okay. we got that message. stuart: ouch back. thank you very much in the. >> i would like to put it in the pay per shutter. stuart: president obama will propose raising taxes on the rich. he will pull in an extra $320 billion in the next 10 years. representative diane black joins us from capitol hill.

i say those are proposals that we will hear tomorrow night in the state of the union message. i do not think any of these will pass congress. >> a will be right where they are. if the president really wanted to work with us, he would look at the draft he put out last year. the tax code has not been reformed since 1986. if we were really to do something to help people, it would be cool to say to the president. >> he knows this. the president knows that. he knows these proposals will not pass. why is he doing it?

>> i think that it is just rhetoric. the best way to get upward mobility is to get the economy moving. we would see this economy move. i want you to move on to a different topic. a top priority this year. i find that number rather low. >> i certainly hear it in my district. it is really concerning about sleeper cells that we have right here in this country. we have the commander and chief name our enemy.

once you identify your enemy now you know a little better how you can go after them. the other thing you could be doing is working with congress. third is the whole deal about the sanctions. we, right now, are looking at the sanctions very closely. we need to send a clear message to our enemies for supporting these terrorists. stuart: i do not take that the president will get that much support. i wonder if democrats want to be

found far left on all of these issues. >> she has definitely been very concerned. not at all on the same page. just having seen some clips that she has done recently. i think that you have folks on the other side of the aisle. ready to put some pressure on the president. getting more of a plan of what we do to fight isis. stuart: diane black. i would like to point that out. thank you very much for joining us. stuart: science may be putting

those police sketch artist out of business. crimefighters are now using detailed dna. we will talk to the scientists behind this new technology after the break. >> i thought we fought a revolutionary war to keep them out of our communication system. >> somehow he got in. i see him every day rushing down. suddenly you blink and it is five-year anniversary of "varney & company." well done. ♪

welcome back to showdown! i'm jerry rice here discussing the upcoming big race between the tortoise and the hare. jerry, the hare always brags about his speed. fine, but he crossed the line when he told... hey, turtle neck. want a head start, how about a week. yeah, my performance does the talking, ok. jerry, thanks for having me, i have film to study. hey, how about you rice cake wanna race? you don't want none of this. vote on twitter for your chance to win a mercedes-benz big race viewing party. startup-ny. it's working for new york state. already 55 companies are investing over $98 million dollars and creating over 2100 jobs. from long island to all across upstate new york, more businesses are coming to new york. they are paying no property taxes no corporate taxes no sales taxes. and with over 300 locations, and 3.7 million square feet available, there's a place that's right for your business. see if startup-ny can work for you.

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story. the guy that runs it. here is the thesis. it turns out they have been living the high life just like the character in the movie. >> yes. it's flashy parties. w jewelry. risky hotels they are hanging out in. push penny stocks into fraud investors. pushing to medicare. >> hundreds of them. they rated this place. watch this.

the name of the company sounds like medicare. when you call a senior citizen and say i am calling on behalf of the network, his equipment was told to medicare fraudulently. still they flashy lifestyle being enjoyed. >> the wolf wolf wall street. now, to a medicare scam. stuart: we like to bring you she was technology. the look of a person just from the dna. join us now from washington. i want to make sure that i've got this right.

you get someone's dna. using your special type geeks you can say what that person looks like. is that correct? i think we have some pictures. we will put it up on the screen. that is the woman in real life. you have to tell me more about this technology. >> we call it snapshot. it is just a brand new way for them to use dna. you can match your sample at a crime scene. if those matches fail, the dna cannot tell you anything else.

all the information that you need. stuart: really? that is in the dna? >> looking at parents and children. they share similar traits. stuart: para von -- a private company? >> yes. stuart: this technology, this is your technology? you are the only ones with it? >> we have built it from the ground up. i just do the science.

high-performance computing. we have a bunch of different projects. for $100 million, guess, i think i would. stuart: you are the first person that has had a real brilliant idea that said they would take it. >> really? that is surprising to me. >> we have a lot of different projects we can apply this to. stuart: i want a piece of your company.

thank you very much, indeed. up next, technology stocks. >> we are celebrating the fifth anniversary of "varney & company." you and i know every anniversary is something to celebrate at our age. congratulations. keep having fun. ♪

>> some of the big-name technology stocks have been beaten down lately. they are not innovating making enough new exciting products. >> i am the for. to be straight and out here. start with google. >> google class being one of them.

stuart: tell me about creating fiber optic networks. >> they are creating their own networks. they are way faster. >> they already are doing it. it is lightning fast. stuart: i heard about this. it is 200 times faster than what i have now. >> it is lobbying money.

>> hard to in-store fiber optic cable. >> that is a long lead. ten years down the line, that will really pay well. stuart: apple is innovative. >> a have the apple watches coming later this year. people will get rid of their credit cards. get rid of cash, eventually.

>> just a matter of scanning. it works instantly. essentially, it is not flashy hardware. it is a concept moneymaker. >> you by google and apple, if you could. the warmest year. climate depot is here after the break. can he poke some holes in this one for us.

>> you are arguably the premier interpreter of economic forces and all of television. it is a delight to play a very small role in the success of this great show. there is someone else that wants to congratulate you as well. philip philip, it is time to watch the show. for as long as we have been here. congratulations, stuart. ♪

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ameriprise created the exclusive confident retirement approach. to get the real answers you need. start building your confident retirement today. stuart: new waiver proposals would allow workers to opt out of joining unions. there are currently 24 states which are right to work. supporters of this move say it makes states more attractive for business. public union power and its consequences. are you telling me that if a state that dobbs right to work rules, union membership shrinks?

>> yes. stuart: what about michigan? what happened there? >> they went right to work a couple of years ago. stuart: which states are most likely to adopt right to work rules. >> most notably, new mexico, maine, possibly wisconsin. stuart: i am shocked that michigan would go to write to work.

>> an order to compete. stuart: public employee unions have declined in that state. >> they have lost half their membership. they do not collectively bargain. stuart: you think this will catch on across the country? >> a long shot. >> private sector businesses that are of opposing this.

where is the fight coming from? >> in the private sector, you have construction units. it is evenly split about who will be opposing. more right to work rules. >> it is a good thing for business is. it is a good thing for government actually. stuart: you have to work on california. you have to work on new york. >> the nassau climate scientists

who claimed a new record for global warming ultra- high temperatures they admit there were only 38% sure this is true. what is this, 38% sure. it sounds like they are not sure at all. >> no, they are not. they are talking about temperature differences that they cannot measure. it is way outside in the margin of error. this is a house of cards. it is the hottest year on record based on statistically different meaning of records.

this whole house of cards has collapsed on him. they knew from the beginning that the media would run from this. it absolutely means nothing. it means that the global warming cause continues. stuart: and 18 years and three months the temperature of the earth, if you can measure it, has not gone up? >> set up by nasa to be more accurate. they constantly adjust it. there are all kinds of issues. now, they nor the satellite

data. even though lambaste data shows incredibly stable temperatures. we have scientists now using the words deception. he knew when this went out to the media that this was something that they did not have the confidence in. the former head he was arrested at least half a dozen times protesting global warming. james hansen. now we have gathered spirit. they are willing to do this misleading deception. stuart: you do not hang that the earth is warming?

>> most of the glaciers that you see significant portions of them have melted by the 1900s. we have actually called it of 191300 a.d. it depends on your timeline. it all comes down to where you pick your timeline. yes, since 1970s. they talked about extreme weather. all the same rhetoric was being used about cooling. no reason to inspect any in the future. predicting at least one decade more unstable temperatures. stuart: wherever you have been in the media over the past week, i have not heard your voice.

thank you for coming on the show. vegas already gearing up for action. >> congratulations from all of us here at fox and friends on his fifth anniversary. >> in the sixth year, stuart will reveal that accent is fake. >> i am stunned that stuart lasted five years. i do not think he is that good. ♪

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no pictures of trucks pulling boats. no photos of men working on ranches. just a ram 1500 ecodiesel that gets 156 more miles per tank than the ford f-150 ecoboost. get more facts at ramtrucks.com. stuart: the markets are closed. let's deal with your money. take more from the rich. higher capital gains. beat up on the banks from wall

street. with the middle class being more prosperous? >> probably not. the rhetoric coming out of washington has been wealth distribution rhetoric. marco rubio said it pretty well over the weekend. other people have to do worse. i would much rather see more focus on growth proposals. grow the economy. a lot of this -- the united states has really enjoyed and adjudication cannot. wages are not growing. a lot of that is because we are exporting jobs. as long as the goods or services

lower, that job can be exported. stuart: before we close, i just want to ask you about this new tax on wall street. what will it do to me? >> some trading will probably move out of the country. jamie dimon talked about this. eventually, one way or another. stuart: do not pay the tax. >> professionals like myself. we will find a way to get around it. stuart: thank you very much, indeed. super bowl 49 is set. seattle seahawks hearses the new england patriots. frequent guest on this program

right before the super bowl. what is the line? >> power rating. unadjusted adjust it from the beginning of that year. going into yesterday's games seattle was a 96 and new england was a 92. after yesterday's performance dropped one to 95. new england went up to 93. the public told me that i was wrong because they took that spread that to under half and drove it down to one. stuart: that is how it works. the spread changes based on the money flowing in. >> that is correct sir.

the total points scored on both teams, 49.5. they are playing this game in arizona. the facility can elect to close the dome. >> very true. any of those crazy unusual lack out that's this year? >> a couple i came up with early. the penalties in the game, total penalties in the game versus the mutual winner on that sunday morning. [laughter] >> i have a far need prop. eto total on all of the games on saturday and sunday morning versus the time of possession by seattle at the time of the game.

this is the interceptions and fumbles combined. what will be more? interceptions and fumbles combined with figures that stuart varney will be on the air moving forward. stuart: that is a good one. very, very good. thank you very much indeed. of next, we had a strong holiday shopping season. do not tell that to bricks and mortar shopping. >> stuart varney. congratulations. five years. yes, stuart varney here, you are a great american and dear friend. congratulations on five great years.

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welcome back to showdown! i'm jerry rice here discussing the big race between the tortoise and the hare. my guest is stephanie branton. jerry, i'm going bunny. shocker. not really. you see, the hare's "thoracic limbs" allow for greater extension and elongated strides. look for the hare to leverage this advantage. ok. vote on twitter for your chance to win a mercedes-benz big race viewing party.

♪ ♪ sales down, foot traffic down for both november and december compared to the previous year. of jeff flock is outside a mall in rockford illinois.

tell me about those ghost malls, jeff. [laughter] >> reporter: they have become almost, you know, kind of a phenomenon. they're everywhere. this used to be an old jcpenneynys store at the mcchesney park mall. a list of the top four threats was recently put out, and is one of them is an issue you raised repeatedly on the show. in addition to, obviously the boom in e-commerce and people morphing to that, this concept of people just not buying saving or being into retail. in addition the death of anchor stores -- like i said, this was a jcpenney, sears hasn't done well and hen they close -- when they close, malls have a hard time keeping other stores. there's a web site, deadmalls.com, and you can see pictures of sort of like rue nation porn like you used to see

for factories. stuart: thank you very much. it is our five year anniversary of "varney & company." more after this. >> jarny and company -- "varney & company" on the our for five years, who knew? who could have predicted it? actually stuart varney is a who knew. stuart varney is a very smart guy. with the intelligence and accent, cannot say he is good-looking. five years. congratulations. ♪

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legal help is here. startup-ny. it's working for new york state. already 55 companies are investing over $98 million dollars and creating over 2100 jobs. from long island to all across upstate new york, more businesses are coming to new york. they are paying no property taxes no corporate taxes no sales taxes. and with over 300 locations, and 3.7 million square feet available, there's a place that's right for your business. see if startup-ny can work for you. go to startup.ny.gov. >> this is a penalty, an excise tax on generous health plans. when obama proposed it in 2009 union labor said boy, this is bull. dot, dot dot dot, and now the manure is hitting the fan. [laughter] stuart: whoa! telling it how she sees it, betsy mccoy.

thanks everybody, for well coming us in your home for five years, we do appreciate it. deirdre: even if you're not a football fan, you knew which teams were going to the super bowl. and going from small screens to big ones amazon making full-length films, releasing them in movie theaters. the move implies big changes for hollywood. and today martin luther king jr. day, a day to recognize the benefits of diversity. my conversation with tennis star venus williams about her role on and off the courts. well, if you were one of the millions of football fans who watched the playoffs yesterday, you know it is the seattle seahawks and the new england patriots going to the super bowl. for the seahawks an overtime victory, it sends hem to the big game -- them to the big game for the second time in the franchise history, taking on the new england patriots, making its sixth super bowl