not 140 points on down industrials. energy in the league, seeing the first night in energy in a while. gasoline prices rising for the first time in 17 weeks, oil stocks got an largely dow components lifting the market today. that will do it for "the opening bell". have a great deal. time for "varney and company". tom sullivan is in for stuart varney. tom: stuart varney is okay. he will be back soon. here is the biggest we. three months after an election that should have sent a message to the president then the voters don't approve of his policies he is doubling down on them. president obama calling budget cuts mindless austerity. he wants those that rolled back and even more taxes on the wealthy and more spending on top of that. those mindless cuts by away weren't even cuts. the work just spent less than budgeted. the targets the poor and middle class, the people the claims to be helping.

get ready for a budget on capitol hill. "varney and company" is about to begin. ♪ >> let's check the big board, triple digit rally underway, beating the dow right now, caterpillar, chevron exxon mobile verizon, it was up 200 earlier, up 136. energy stocks rising along with oil prices. here are the drillers, trans ocean, diamond off shore, oil adding to the genes we have been seen, we had gains yesterday, the price of oil is going -- where is it? $1.56. jumping $51.13. gas prices fairly steady at $2.06, up a penny from where we were yesterday.

ten year treasury bouncing back of a little bit treasury yield extremely low, 1.7%. if this is breaking in the last hour, the justice department reaching and your $1 billion settlement, standard and poor's of the mortgage rate in this mess. number one former treasury secretary timothy geithner nehr said about the s&p downgrading u.s. death, voting the former treasury secretary, he said the snb's conduct will be looked at very carefully. such behavior will not occur without a response from the government. there is an response. judge andrew napolitano is here. at the time everybody thought this sounds like a shakedown, like a threat. judge napolitano: it resulted in the $1.3 billion payment by standard and poor's to the federal government and state governments but is still what lawsuit involving calpers, the california pension fund which is the largest in the nation.

there are equities on both sides. there are serious issues about what standard and poor's new and what it revealed in the mortgage bundling crisis the bubble of which burst in 2008 but there's a strong argument to be made and you made it very nicely simply by quoting the words out of the mouth of the treasury secretary that the motivation for this lawsuit by the federal government, it is heavy-handed negotiation techniques bring in 25 fbi agents and federal prosecutors to the same room to meet three or four lawyers from standard and poor's to intimidate them. it demands billions and billions even from people who hadn't even sued. it is because standard and poor's in its response to the government lawsuit said the only reason you sued us is we downgraded the debt of the united states of america and your treasury secretary was upset by that and promised revenge and this is the revenge.

tom: part of the settlement of this case is they withdrew the clause in its answer. judge napolitano: accusing the government of vengeance as motivation for the lawsuit. standard and poor's agreed to do that. tom: that is telling the jury disregard the statement. everybody knows about the phone call, the threat back and forth between the company and timothy geithner. judge napolitano: we will never know whether truth is. there is a serious case against standard and poor's for its failure to know in the bundle packages was junk and failure to reveal that in the bundled packages was junk and certification as instruments were the of investment garbage. there is a serious case for that. there's a serious case to be made that all of this was the vengeance of the government. it is coercive powers taking revenge on a company that for the first time in american

history presume to downgrade the credit worthiness of the united states of america. tom: on one hand you are saying standard and poor's did something wrong by giving a aaa rating to something that wasn't aaa and turn around and say you are taking away a aaa rating and we don't like that on the government debt. so on the one hand we like what you did, we don't like what you did. judge napolitano: yes. the $1.3 billion half of it goes to the federal government. this is a shakedown of the highest sort. the federal government would pocket nearly 3/4 of $1 billion. >> shouldn't there be a remedy where they say from now on we got to figure of a conflict of interest between the fact that you are reading co. bonds -- judge napolitano: that is a problem and something that should be -- that is not addressed here. the problem is keith was not

litigated and we will never know where the truth lies. the fed's wanted their quick cash and the s&p won that. a new general tells wanted out of the. tom: thank you. back to the markets. staples and office depot making another go at merger. will happen? where are the shares? nicole: new high and new high, those are the stocks that are spiking. office depot up 17%, staples of the present. this was an idea that was floated by hedge fund starboard last month, got a cool market reception but back on the table, wall street journal says they are in advanced talks. is not a guarantee that these two can get together. they face some heady regulators have to deal with but in the meantime the synergy between the two companies would be good. $2 billion in cost savings and certainly would make a more competitive against the on line

guys like amazon and walmart where they had better savings and that is one of the problems with the brick and mortars. tom: the brick and mortar would be a good combination. nicole petallides on the floor of the new york stock exchange. in washington are as commissioner john koskonen is testifying on capitol hill. any talk about our friend love was learned? >> that is how this led off. lawmakers love using stacks of paper as props. oren had presented a few thousand pages related to the investigation into lois lerner and the irs that targeting of conservative organizations applying for tax exemption. the irs just delivered 86,000 pages of new documents related to that investigation without warning or explanation. he says 30,000 of those pages are no less lerner e-mails. that will delay the conclusion of the committee investigation.

they are looking into this and the top democrat on the committee is concerned about the irs document. >> president obama is unveiling his full budget proposal for 2016 nearly $4 trillion. a lot of tax and spend and wealth distribution in this plan. there is also an increase in taxes on cigarettes and $0.94 in taxes per pack. that hits mostly the very core and middle-class people he claims he wants to help. net tax increases on them. right now we are joined by republican senator from north dakota john bolton and what you going to do to fight this budget? does this have a chance of getting through congress? >> no, it doesn't. clearly it goes the wrong direction. we are talking $2.1 trillion in more taxes, $2.4 trillion in increased spending

a$.5 trillion to and $18 trillion debt. it is going the wrong direction. what we have got to do is find ways to reduce the tax burden get the economy going, help entrepreneur is and small businesses create more jobs. tom: they wanted to find middle ground, some place where you can agree and corporate tax breaks one of them but it gets all kinds of conditions and amendments. is there any middle ground? anything that will be found where everybody can agree? >> the president wants to raise taxes, we are saying no we won't raise taxes that will hurt the economy and job creation. we want to do tax reform but you have got to make it simpler, fairer tax cut without raising taxes. income comes from growth. combine that with savings of reforms and get on top of the debt and deficit with a growing economy and more jobs. tom: at some point the president avoids this whole faint.

what is going to happen to this? are we going to continue with the tax code we have? >> his budget isn't going anywhere but we are working hard to do tax reform. i believe we can. the key question is will he join us? we are moving legislation on a bipartisan basis whether it is energy work on budget and taxes and bring congress together get this done, will president start to work with us? tom: i brought this up yesterday. everybody says corporate tax rate should go down. when colleagues put together a bill that is a clean, straight bill that reduces the corporate tax rate and send it over to them. >> that is what i am saying. we are working on a bipartisan basis in congress to do that to see if he will join with us. you can get a six year bill and repatriation is something we can

do. not with the president pitch did not on a bipartisan basis, we can put that together not only get tax reform but fix the highway bill. tom: we watch from outside the beltway and watch what goes on people don't have a lot of hope that we are going to decrease spending because the decrease in washington means less of an increase than you budgeted for. >> that is it. we have to find ways to find real savings in reforms as well as getting economic growth to reduce the deficit and the debt. >> the president yesterday camp out and said if you don't give me this money, the security of the nation is at risk. it was a bogyman type of speech. >> we have reduced discretionary spending from $1.5 trillion to $1.1 trillion, we manage to fund these industries, there are better ways to do with the president will work with us. we can find real savings and

reforms. tom: what is he doing? there is obviously some political agendas that somebody is pulling the ropes behind-the-scenes to make something else happen as we are focusing on this budget bill. who knows this is going to go. >> absolutely but he as a whole different view of how government works. you want higher taxes, more regulation and bigger government. that is his view of how things work. we believe in people and in small business and getting a the economy to grow through stimulating the private sector and finding ways to make government more efficient and effective, reduce the size and scope of government. tom: thank you very much. wish you luck, good luck from all of us. meantime mcdonald's is back in the news sales still struggling, kicking off a new push with it suitable at. called pay with loving. you think it will work?

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>> the stock's 168 on the dow, it was up 200 earlier so we are very positive. it is off of the highs of the day. profits falling at ubs and it issues downbeat profit forecast for the rest of the year. you can see right now is down a small fraction. not bad especially since a lot of people are going ubs? let's make some money here.

it was a great fourth quarter but their expenses were up in that quarter. let's check to put the shares. the company has been on a roll and executives are saying a lot of their success comes from ignoring advice they were getting from their former partner mcdonald's. stocks doing well. loren has more on this one. >> for ten years basically until 2006 mcdonald's funded jacoby, gave them tons of advice can jacobi said take the money, not the advice particularly when it came to having a breakfast menu, chipotle said we will fight you about this and the other thing was the drive-through, jubilee didn't want to do it mcdonald's the driver -- that is against the whole chipotle concept where you customize as you go in. as you look the shares for both companies it is interesting, to put me is up to 30%, mcdonald's is not even up 1/2%. obviously mcdonald's is working to reverse their misfortune over

the past couple years but jacoby pushing aside their advice and all winner here. tom: a lot of people saying jacobi has become part of the hip and cool in fast-food yet it is still fast food. people want to go in, i want a little of this and none of that. >> no antibiotics in their meat they have a story to tell. i read it several times. mcdonald's wanted chipotle to call itself jacoby fresh mexican grill. everybody wants fresh these days. a police said we don't want the fresh, we want jacoby mexican grill. i find that ironic. in a way mcdonald's was on to something way back when but maybe they didn't know it. tom: is good for jacoby. i don't know of many people if you take somebody's money you kind of take their rules too.

they really responded and showed up like mcdonald's. >> eight years this went on, absolutely, to police said we are not listening. we appreciate your advice much of it we accept and we thank you but we are different. tom: good for them. let's focus on mcdonald's and the new pay with loving can pain for limited time in select locations. don't know how long this will go but you can pay with your hugs or a phone call to your mom. former mcdonald's president and rinse the showed us we like the idea. we listen. >> it is brilliant speak to all generations. to get a free big mac, that kind of thing is brilliant, across generational. tom: mike lazaro is here.

my problem is if you said call your mom and tell you you love her my mother passed away. what do you do? you are really touching some areas, you don't know these people. >> sorry to hear about your mom but one thing mcdonald's has to do is be relevant. it started with i am loving and the super bowl at a regional one hundred% of the viewing audience, they basically coming and pay with love, great idea, free love and it resonated. if you look at how many people were talking about mcdonald's, it was the fifth most talked-about brand in the super bowl and you had a lot of brands, traditional older brands like budweiser trying to reinvent themselves the mcdonald's way. tom: this is only going to go -- i haven't seen it officially but basically valentine so then what? >> my biggest issue with the super bowl ads is half of them had no call to action.

mcdonald's at least ask you to come in to the store, and do something, their goal is how do you transform the relationship they have now into a longer journey into a journey where people are coming back more, look at mcdonald's and a different way and when you have 100% brand recognition it is great that you have brand recognition, you can deal with what the grinch means. tom: everybody knows. >> it is negative one. we show the quality of the food and i loved it. i thought was a great move. tom: i host my radio show afternoon and had two guys call yesterday asking about this, that went in and were surprised. did you go in to get some loving? no, i went in to get a hamburger. one guys that i was so surprised because all i had to do was get fist pump to the person and a

manager gave me my meal for free but i said so does that mean you're going to try to get another one for free anti does if i go back and get another one for free on will just give it to the next person. >> we love restaurants giving stuff for free. mcdonald's, part of what they're doing is extending that to the world's. the idea, think of the old budget, they give you a pound of meat, they're giving you something free. that is revolutionary. tom: what if loren goes ahead of me in time, and -- >> if you said something to me i would give you my free hamburger just because i am a nice person. >> the fact we are talking about mcdonald's right now is a huge win for them and it is two days after the superbowl. this is a story that has legs

and that is impressive. tom: how long when should we expect results from this? >> mcdonald's is a company that is undergoing a huge transition, new leadership. i don't expect it to be immediate. this is a long-term player to reinvent the business. tom: cheat strategy, a great name. i love it, thanks. patriots cornerback malcolm butler, the player who made the game saving interception with seconds left in the superbowl, turns out is no name agents will be cashing in. we have the full story for you next. >> i knew is that i could do this. i knew i had to explain.

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tom: did you watch the super bowl? chances are you did a you were not alone. numbers are in, 114 plus million viewers tuned in on sunday night making it the most watched television show in the history of u.s. television. elliott made a return to the

stage during the halftime show in that camille. it was huge, strains of her music increased 676% after the super bowl. that according to spotify. it really increases their sales understanding and everything else. super bowl success story, malcolm butler, the guy who won the game for the patriots, his agents, that agent could cash in. what is this? is this the lonely lower down the street? >> needs the people did not know of before sunday. malcolm butler and his agent, i had to look at my notes, he spent five, $6,000 a year to get his certification to become an agent and she had one client who got paid and that was malcolm butler. his salary was the league minimum, $400,000 a year so

after the the winning play derek simpson gets $13,000 so finally -- the tom: he gets a piece of every player, $90,000 for winning the super bowl. >> money for winning the super bowl but for being the agent to malcolm butler was 3%. that is how he makes money. from malcolm butler. i have a brother -- you don't make money but when you get a little luck and success it is a feel-good moment. tom: will begin a big new contract next year? >> i would imagine. he only has to -- pecan only go up from here. the deals are all done. i have to check on that. 3 year contract. they went up a little bit for

2015 so you know. tom: i checked the big board and find out how stocks are going. check the big board dow jones industrials still going well today at 168 points on the dow and oil adding to the gains we saw yesterday, the price of oil 51 and change pretty good jump really popping alas couple days. that is giving it pop as well, the new fields transition and diamond offshore numbers all of them with green arrows as lower oil is slipping up the drillers as well. isis and al qaeda are calling for more attacks on soft targets, things like malls and coffee shops and motels and schools. question for colonel ralph peters about all of this after the break. how do you stop them?

"imus in the morning" tom: the dow is up 170. the market doing but on tuesday morning. oil and gas rally helping shares of tesla. electric cars looking better when those oil prices go a. look at tesla up 3% today. gas prices a little $2.06, up from yesterday's so still pretty

steady. isis and oxide are calling for more terrorist attacks on soft targets like malls and restaurants and hotels and europe and here in the u.s.. we have fog new strategic analyst lieutenant-colonel ralph peters with us. is there anything we can do to creepier, try to stop and attack to a soft target? >> effect of the matter is we just have to live with a certain level of terrorism but we can reduce it dramatically. by playing offense. the best way to reduce the threat of terrorism at home and abroad is to make terrorism look like a losing proposition and the way we are playing a weak defensive hand now to minimize efforts against terrorists decree decrees they retain the initiative, retains a strong image. as far as of targets go, they are soft targets.

the other advantages of hitting soft targets like restaurants, hotels, schools is it truly terrorizes the population and beyond that. we in the media react, sometimes overreact but terrorists are very media savvy these days and even a small attack in france would lose, jakarta, new delhi, turns us all into their pro bono pr firm. that is the conundrum we face because we have to report the news but by reporting the successful attacks we encourage copycats and give them an image of triumph really. >> the other thing i would like to get your comments on is i know you are critical about the commander in chief and the fact that he is not being aggressive or strong or all the other things you talk about but on the other hand your compatriots, the

military, the colonels, sergeants and privates out there are tough as nails so the commander-in-chief may say one thing that the enemy, not the commander-in-chief, they are meeting this soldier, the soldier is fighting for them. >> the key problem is today they are not meeting soldiers because we have the president's constant moniker of no. on the grounds. in the last few days he set up another of these false choices between his current policy of doing the absolute minimum to get him through the year 2016 and his projection of hundreds of thousands of boots on the grounds but nobody is recommending hundreds of thousands of boots on the ground. there is the middle way and what we have to avoid in the future is these chaotic attempts, crazy attempts to turn places like afghanistan into colorado. you can't do it but what we can do is use our military efficiently and effectively and wisely to hit them really hard

with whatever elements of combat power is appropriate is that then you but again you have got to take some words of the enemy you don't win the super bowl by just playing defense a you don't defeat terrorists by reacting to what they do. you have to go after them because as we are positioned now in a position of weakness allowing them the initiative compete strongly even among terrorist groups islamic state al qaeda, they are competing with one another for funding recruits, and the overall pool of recruits only grows. it only grows when we do not kill them rapidly. >> talk about the media the conundrum that we have to report the news but they love it, we are there pr firm. apiece out of a french newspaper this morning was talking about

how all of these guys are coming back from wanting to be jihadists and finding out there's not much food they are thirsty, dangerous, they are saying jihad isn't as exciting as they thought it would be. almost a media propaganda piece. what do you make of that? >> we should be doing propaganda. propaganda has a bad team stalin hitler. propaganda is part of any civilization's effort to preserve itself. when we take a position that some of western civilizations always at fault and we should be ashamed it is just nutty. we should be proud of our civilization as we should be proud of our troops and willing to defend that civilization but back to the issue of how we in the media response to terrorism. if there are five human beings killed by a drunken driver, anywhere in the u.s. it is not going to be a headline story but

if five or three or one person is wounded in what looks like a terrorist attack, that is headlines. i don't have the answer. we got to find a better degree of proportionality. tom: a lot of people don't realize, i know you know it but hollywood was propaganda movies during world war ii. always good to have you on, thank you so much. the back seat the beginning political now as the measles outbreak spread is. more on this next. >> i think vaccines are one of the greatest medical breakthroughs we had. i am a big fan of the history of the development of the smallpox vaccine for example. for most of our history there have been voluntary. >> there has to be a balance. it depends what it is, these threats.

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tom: it is highest grossing animated feature of all time and now disney is getting a sneak peak of its highly anticipated short film called frozen forever. it will hit theaters on march 13th in front of the upcoming live-action version of cinderella. there's also a slim chance that a full length = that could be in development. here is a look at disney shares with a keep the story going. the shares are -- third are up 103% said disney doing well today. now this. two candidate for the republican presidential nomination in 2016 making headlines for their comments. parents should have input on whether or not to vaccinate their children. they are not the only ones. hillary clinton tweeting her support for vaccines. she says the science is clear, the earth is round, the sky is blue and hash tag vaccines work let's protect all our kids.

hash tag grandmothers know best. lisa booth joins us, do grandmothers' know best? will this make hillary more favorable? >> i don't think it will. hillary clinton is lying. this is an individual who made similar comments in the past and directly tried to to link autism to vaccines which is something based off of a british study that was roundly rejected and was retracted. hillary clinton needs to look in the mirror with this debate. tom: that is what it is. it is very hot button debate. people are very passionate, especially the entire vaccine or the people who connect vaccines even though as you said the study has been completely refuted as a fraud, there are people who say there is a connection between these two. it is going to be maybe enough to make people belli will not vote for that person because of

their stance on this vaccine issue. >> the biggest issue is we are talking about the measles vaccination and i think every individual we have mentioned, chris christie, rand paul hillary clinton, everyone can agree on the fact that the measles vaccination works. essentials measles was declared eliminated in 2000 and now we have seen this resurgence because people are not vaccinated their children but if you look at a lot of areas where this resurgence is happening is in liberal enclaves in california and across the country. it is this hypocritical argument from the left wing me as well as hillary clinton when you have people like hillary clinton, even president obama himself who expressed similar concerns with vaccines in the link between vaccines and autism and the effects of vaccines. this is just a prime example of the liberal bias in the media.

tom: back to this quote. in 2008, talking about hypocritical whatever they want to say, this is 2008, hillary clinton, i am committed to find the causes of autism including possible environmental causes like vaccines. in 2008 she is connecting and now she's saying it is not connected. for >> it is a bag of lies and that is a better question for hillary clinton. the problem is the liberal media is not asking that. they are not asking that question to hillary clinton. it is a sham. the reality is hillary clinton made these commentss in the past and all of a sudden there's this intense focus on chris christie and rand paul trying to portray them in a negative light. tom: i don't think people believe -- they believe politicians will say whatever is they have to say in order to get your vote. isn't that what this comes down to?

>> i would agree politicians say a lot of things to get their vote but if you look at chris christie there are two separate debates in regard to vaccines. if you are talking measles and communicable diseases that is one thing but if you are talking about hepatitis b and transmitted diseases that is another thing. we need to be careful about separating the difference between those vaccines and having two separate debate here. tom: this gets into one of those topics where you are going to make somebody mad no matter what your position is. >> i did an informal survey in the newsroom and i asked them when you -- did you vaccinate your kids and what did your doctors tell you and every one of them said as recently as a couple months ago they didn't think twice, you vaccinate your kids but then you have those granola types who exists -- who don't want a vaccine so it is a

personal issue and you make a good point. it is a difference of what type of vaccine, is it a communicable taxes disease or transferable? tom: i can see the political terms going out and pulling on this to find out what people are concerned about this? that will dictate their advice to the clients. thank you very much for joining us. late actor robin williams, his widow and children sadly now fighting over his estate but it is not over what you might think. we have the full story after this. 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

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quote today,call liberty mutual insurance at see car insurance in a whole new light. liberty mutual insurance. tom: robin williams's children and what are headed to court in a battle over the late comedian's testing and lauren simonetti is here with what? this is too many times. >> too many lives and too many children. and robin williams's cases and was his third wife, they were married three years, they have for the most part two homes one in tirana and one in at of valley. according to the trust, according to his will is three children would get his stuff, his watch collection, his oscar for goodwill hunting back in 1998.

he has six golden globes two oats and five grammies but susan is saying they came in and took stuff from the to be run home without me knowing are asking and she is saying some of those items should be hers especially some of the, quote, mc. whether that is the watch, an oscar is no knickknack. tom: he said in his will that the kids get specifically those things. she is saying they came into the house -- i can see her point. when i was in the investment business you could count on when your client passed away, the family was in it. it happens so many times. >> over and over again. people might get a little greedy even though you can argue they have so much as it is but susan wasn't their mother.

there's a little animosity. tom: it is sad. it happens too often. baxley uber announcing they are going to take on google. they have a self driving car. >> they are working on it so they are opening a research center in pittsburgh. with carnegie-mellon university, they are going to research self driving cars and if you think about it this makes perfect sense for uber because they said on the record their most expensive cost is the driver. if you take the driver out of the equation you are paying for wear and tear on the car and some sort of fuel. i want to say gas but that could change in the future. you have a much more profitable company and you can make the case people don't need to own cars. they can use at the to all the time. tom: i am a space cadet but i think 15 years from now you will see the highways full of automated cars. >> the exact prediction.

tom: not want to have an automated card that you can override. the human has to have the ability to override. in even the computer goes nuts. >> for drivers out there uber killing the taxi industry the car industry. google -- tom: gas prices are going back up over the past week and our next guest says some places could see $4 a gallon by the end of this year. that is next. plus the irs commissioner getting grilled on capitol hill. we are watching for any possible fireworks about lois lerner. our two of "varney and company" is two minutes away.

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that's what i'd like to do. at ally bank no branches equals great rates. it's a fact. kind of like mute buttons equal danger. ...that sound good? not being on this phone call sounds good. it's not muted. was that you jason? it was geoffrey! it was jason. it could've been brenda. the back we followed the study and historic drop in gasoline for more than a month.

it is up almost a nickel over the past week. the price of oil is going back up. the former president of shell oil says it is going to keep on the link. that is where we begin the second hour. ♪ let's stay on or you'll and bring in john hofmeister. still sticking with it? >> yes, i am. we will still see oil bounce around a little bit. i do not know if we are at the bottom yet. it will bounce around a little bit. i think what a lot of people are missing is the amount of extra

oil is not dairy much. a little over 1%. >> the supply is only a million barrels. >> you get up rapidly by decline. slowing down production. it is happening as we speak. if we go into fall, we see crude

supply short of the demand. then we are back into the skyrocketing prices all over again. they do a great job of cutting cost. you do not put those pieces back together again quickly when you come out the other side. a lot of people are looking at the saudis and say this is exactly what they want. it was all part of the plan for the saudis to keep that price going down and down. they will wipe out a bunch of u.s. jobs.

>> it is a worldwide phenomenon that companies are cutting costs because they have to. the oil price does not justify continuing on the oil path. the capital reduction we heard about recently they will run into 2016, 2017. what we will see is a rising price with a very slow return to expansion on a wide aphis. if you do not make a prophet in the u.s., you are not in business. the banks now can involved.

>> i will test your memory a little bit. i remember the 1980s and the texas oil industry really got her. a lot of people with bankrupt. in the 80s it was ted's bill down there. what you are saying is it will not be a repeat of the '80s speed. >> correct. we had the savings and loan debacle. texas was hit hard. it was a double whammy. not just a single whammy. the rest of the economy is quite strong. i do not think taxes will be as bad off as it was back in the 1980s.

>> let's check the big board right now. the dow jones industrials still up. profits are falling at ups. downbeat forecast. ups down half a% on that news. energy stocks rising along with oil. here are the drillers. staples and office depot making another go at a merger. here are shares of both companies. both stocks hitting new high. ten year treasuries announcing back a little bit. look at those interest rates. the justice department a

billion-dollar settlement. liz has been looking at this. i was talking to george earlier. >> it is such an interesting story. it is a lot of money. split between the department of justice. the back story to this is pretty riveting when you read the affidavits and the legal documents. they move beyond a blood feud between s&p and the u.s. government. they made a historic downgrade of the u.s. in the summer of 2011. timothy geithner called him to complain about this. the contacts will be looked at

very carefully. it was also quoted by the chairman. you have done enormous service to your cells. to your country. the pressure was on. the lawsuit was in retaliation. >> you cannot aid nor the fact you do not play along here. >> that is really bad. it is pretty scary. >> it is not okay to downgrade to government.

>> let's take a look at apple. netflix. guess what. they are both in the bond market. >> we are seeing a game today. it is in the norm for netflix. the s&p 500 is down one and a half percent. concerned that they be -- discretionary cash flow deficit over the next few years. the stock is up 30%. you remember back in 2013 it was a 300% date. 61% of the people said they have

have and watched. it seems like a winner at least for today. >> take you. wanting to roll back cuts. he also wants to amp up the spending. former governor republican from virginia joins us. you say that the president does not believe in america. >> he does not believe in the america that you and i believe in.

the ability of people to offer jobs and create wealth. this president does not believe in america. we have to have a president that does. >> governor, i had this theory. you are a reflection of the people. that is how you get it. he is reflect a that the people do not believe in a hard-working america. >> i do not agree with that at all. >> after six years coming back with the same kind of socialist

approach. we will have to believe in the free market system or not. i think this country is at a crossroads. it is upon us right now. it is time for a change. >> it is elizabeth make donald here. it looks like john f kennedy's policies would not be excepted. do you agree with that? >> i absolutely agree with that. a completely nutty thing to say. john f. kennedy cut taxes across the board. the economy grew.

he is raising taxes on corporations. we need to cut taxes on corporations. he will make sure he won't be able to end up getting your hands on prophet overseas. after six years, we ought to see a better direction. in 2014, basically repudiating. are you saying that there is a shift that they are kind of getting it now? >> i think that they are getting it now. we are to offer a responsible budget. let the veto it if that is what

they are going to do. we need to offer a forward-looking progressive opportunity budget that creates jobs. most of all, it goes back to the heart and soul of what america is. frankly, if this president does not do it now we republicans have to offer a candidate that will do it when we take over the white house. >> there needs to be more people like you say what you are saying. isis and al qaeda pushing for more attacks on soft targets. schools and walls and coffee shops. how safe or our borders? ♪

many people clean their dentures with toothpaste or plain water. and even though their dentures look clean, in reality they're not. if a denture were to be put under a microscope we can see all the bacteria that still exists on the denture and that bacteria multiplies very rapidly. that's why dentists recommend cleaning with polident everyday. polident's unique micro clean formula works in just 3 minutes, killing 99.99% of odor causing bacteria. for a cleaner, fresher brighter denture everyday. >> we have breaking news for

you. isis has released a video showing the murder of that pilate. the video grew some. isis militants burning the prisoner alive. another absolutely bolder approach from isis. this time burning the pilot alive. we are joined by republican -- you feel more secure? >> no, we are not. >> it is a really dangerous group. there are some things that we need to do. i am particularly concerned about the south. they have established routes and

are very sophisticated. we have got to secure that border. we still have a long way to go. we have seen the report about saudi arabia. they are building a secure wall around the country to keep isis from coming in. >> i do not mean we can't can afford to build a company wall. the cost of 2 miles. you sent in the urban areas to slow people down. you patrolled the world areas with aerial assets like predators or the drones. with those, you are able to

identify. go left. go right. it sends them right to it. it is amazing what you can see. >> are you comparable with that? i have never been to the border. the reactions are surprised. the border patrol is actually many, any miles behind the border. >> that is correct. it is about vanishing. you need some fencing there.

and rural areas more border patrol agents are what we need. >> she was saying you have to use guys that are smuggling people in over the border. they are making tons of money. >> it sure would be great to if

we could accept the level. these drones help with that as well. of course, it is not a crime. >> bouncing around in this neighborhood. oil and gas moving higher. electric cars look better when prices go up. take a look at this. to and from work five days a week. rain sleet or snow.

his story is up next. ♪

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>> radioshack. the company has been delisted. flying around looking for their real estate location. 4000 radioshack stores across the country. the airport bookstore. it is an airport. which properties are the best to buy. radioshack really is a great company right now. does amazon want to get into

that? >> i thought that amazon wanted to do that. >> they pulled back on that. same story with mick on notes. can amazon afford to get into a bidding war on buying radioshack properties. >> i never figured out how they make money when they sell these weier connect theirs. rich has been following this for us. you and me, tax refund you late.

>> it does not look too good. the administration wants third teen billion dollars. because of that, taxpayers can expect measurable service this year. the irs should spend its money more effectively. >> you are asking for money. we would be more likely motivated to provide more money if in fact the irs was spending the money it currently gets to deal with things like improper payments. we are at a point where we have no choice but to do less with less. >> better controls on convention

spending. helping to protect workers rights. >> rich and thin. thank you so much. >> he walks one new 1 miles to and from work every single day. walking through some of the worst neighborhoods in detroit. he was on fox and friends this morning. listen. >> fi ever think about throwing the needle or complaining about that. >> leave it alone. nobody wants to hear about it.

you have to go out and do it the next day. >> love this guy. now bring more than $993,000. >> he had shown up at work, apparently. he walks through snow, rain, sleet to get to work. he basically drank liters of coke or mountain dew to power himself forward. 8 miles in detroit. not a good neighborhood. i love the story. >> apple had $180 billion in cash. why is the company going into debt? the answer, taxes.

we will explain after this. ♪

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>> breaking news from earlier. isis has released a video showing the murder of vacant not jordanian pirate. burning the prisoner alive. let's go to peter barnes. >> the cia is now reviewing this tape. we are awaiting any type of comment regarding whether or not it is often checked. we are starting our daily white house press briefing. just in the next few minutes. we also have pool cameras in the

roosevelt room in the white house right now. taking video and getting comments from president obama. meeting with 10 people that wrote the president about healthcare reform and say that it has helped them. i know our colleagues will probably ask the president about this tape. we will see if he has any comment on this video once our colleagues get out of the roosevelt room any time now. >> thank you very much. peter barnes in the white house. cast prices are on the rise again. let's bring in scott shelby from chicago. what is going on scott? >> maybe three things set up.

it started with the refinery count. we have seen some of these unions go on strike. it has not worked out for them. they are kind of giving us a little bit of a autumn as well. i still think we've make one more peek under $40. >> all right. thank you very much. ford taking a gamble on the aluminum after 150 truck. in the morning after the big blizzard that wipe chicago over the past couple of this, this 18 wheeler was stuck in the snow. this truck came by and helped pull it out. jeff flock has the details.

pretty good story. >> we did have about 19 inches of snow in chicago. believe it or not. we have been trying to get with for today. they have huge sales. 54,000 of them in january. the best january 7 2004. the best selling truck in the u.s. really helping ford to 16% up for the month. great stuff for them. how many of those were a new alluvium at 50. they have tried to sell down.

it goes on the lot. twelve days later, it sells. trucks and suvs. jeff flock. called chicago. he is in indoors today. parked overseas in cash. still borrowing money. the u.s. is the highest corporate tax rate in the world. let's bring in the ceo of the consumer elect tronics. 39% corporate tax rate, i guess.

that is obviously why they are doing this. >> wanting to do business and get money back here. that is what companies will do. we have to do something. i think president obama is even starting to talk about it. he wants to put a special new tax on money that is overseas. >> bigger than the signs of ecuador or kuwait. a lot of talk, i'm sure. the president aggravates this situation of companies. will that push more companies to

park more cash overseas? >> by the way, it is cheaper for apple to borrow now. the president's policies aggravate the situation. >> i think the united states policies are horrible. one is a tax, the other is immigration. if you want to hire people, it you go overseas. it makes no sense. there is a special new tack. i cannot even imagine democrats going for it. these companies can go anywhere they want. we are so lucky. the rest of the world would love

to have a headquarter there. you take that foreign money. have it come back into lower rates. you can take some of that money. >> that will have to wait for another administration. i am glad that you gave us and of date. gary, thank you very much. tracey burns. mother of three. getting political now. especially after the latest diesels outbreak. ♪

the real question that needs to be asked is "what is it that we can do that is impactful?" what the cloud enables

is computing to empower cancer researchers. it used to take two weeks to sequence and analyze a genome; with the microsoft cloud we can analyze 100 per day. whatever i can do to help compute a cure for cancer, that's what i'd like to do. >> i am nicole petallides with your fox business brief. the s&p 500 up 12. the nasdaq up seven. energy. one of the main reason we see this rally. the number one leader as oil is

up for the fifth day in a row. also, ford f series. the new aluminum f150. stock up 2.5%. shake shack. no hormones. 4274. [bassist] two late nights in tucson. blew an amp.but good nights. sure,music's why we do this,but it's still our business.

we spend days booking gigs then we've gotta put in the miles to get there. but it's not without its perks. like seeing our album sales go through the roof enough to finally start paying meg's little brother- i mean,our new tour manager-with real,actual money. we run on quickbooks.tha t's how we own it.

>> moments ago president obama got a video of militants burning a pilot alive. >> just one more indication of the viciousness. i think we will redouble the vigilance and determination on the part of a global coalition to make sure that they are the greatest. also, it indicates the degree to which whatever ideology they are operating on. make their lives better. this organization appears only interested in the death and

instruction. >> elizabeth macdonald. tracy byrnes joining us as well. >> the president is still to detached. we will defeat them. >> he should be, there should be a plan on the table and there is not. >> these guys are street killers.

you have to call it what it is. >> i am still amazed at that. let's move on. we have the reset measles outbreak across the country. listen to what some of our guests have said about it on this program. >> does the government have the right to force vaccinations? i do not think it. as an adult, you own your body. as a parent, you that of the child. >> all in all, vaccinations are a good thing. i do not love the government and dating sayings. >> mother of three here. to weigh in on this whole vaccine.

>> i understand it is not an issue. you cannot be part of the public school system. >> have you confronted this, tracey? >> i do not know anyone that has not vaccinated. >> what do you care? >> blame jenny mccarthy on this. 95% infectious. >> so many people associated the vaccine with the outbreak of autism. it has since been proven untrue time and time again. >> they will tax you when you die more.

that is what the president wants. >> tracy has been all over this. >> i find it interesting. he wants to get rid of the step up in it. >> we have to move on. things will get war costly. no question about it. we will be back. stick around. ♪

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not all of sharpton's profit enterprises failed to pay their taxes. >> he gets paid for consulting. the review report found that all of those have been in big trouble. tax of they day operation top to bottom. >> he dismisses it.

my tax problems. he has problems dating back to the early 90s. that is an issue here. the question here is operations have not paid payroll taxes. >> payroll taxes are a big no-no. >> the 1% is getting away with a lot of stuff. it will hurt other organizations. all because this jerk is trying to hide money. more on the like a girl out after the break. ♪

tom: let's play a clip from the super bowl, the always super bowl commercial. let's listen. >> like a dog. now like a girl. show me what it looks like to run like a girl. what does it mean to you when i say run like a girl? >> you mean run as fast as you can? tom: liz and tracy? >> little girls think they can do anything. they have yet to be tainted by society. my girls think they're going to be president, they are going to take turns. the worst part is what they have that we didn't have was selfys and self-image stuff to deal with. tom: when you were going through your teenage years weren't you trying to figure out who you

are? doesn't everybody? liz: i still run like a girl. treaty at the beauty is not only is it cool to be a girl but cool to be a girl -- tom: let's switch it to our lady friends cheryl casone. cheryl: i am saving you from the conversation. thank you very much. thank you, welcome to risk and reward. the battle over the future of broadband service is heating up with regulation at the ready. we will hear both sides of the argument classifying the internet as a utility. uber is looking to cut out the driver's and go head to head with google self driving cars. we have that story and that your high-priced wine and drinks it too. we will show you a new device making it possible to pour yourself a glass of wine without opening the bottle at all. first the battle over the future