success. maria: carlos has really been a support. we have so much to talk about. the show is almost over. this year is only the beginning. >> more capers to calm. >> thank you. happy anniversary to the opening bell team. the best team in business information is right here in new york. it is time for varney and company. stuart: don't leave me out. [laughter] happy anniversary. good morning everyone. j johnson. the homeland security chief using a scared to get congress to fund his department. shut down or deal. bret baier coming up on that.

and two days, the federal government starts to regulate the internet. what is the rush? you have to pass this bill to see what is in it. remember that? delivery drivers for higher. the meeting place is the waffle house. yes. it is happening. passing and looking for a single word from janet yellen. we will not keep you waiting. varney and company is about to begin. ♪ janet yellen, you see her right there. earlier, at about 1028 eastern time she said the federal reserve will not raise interest

rates at least the next few federal meetings. advanced guidance or forward guidance. you will hear about it before they do it. anymore highlights? we will take you there live. by the way, she said that about not raising interest rates for a couple more fed meetings. the dow is up 20, maybe 30 points. it is now up 68 points. that is a lifetime high. 18,000. got it. strong profits. strong sales at home depot. home depot is still up three nearly four points. look at apple. we have to follow this thing. it is down about $0.02. so what. there you go.

133. three quarters of a trillion dollars in market value. still below $50 a barrel. let's get to gas. 231 per gallon. yes, it went up another penny overnight. seems to me, this thing is going up a lot faster than it is coming down. special report post brett fair is here. this is question number one. are we going to see a deal, in your opinion? >> i think that it is likely. there is a federal judge has put a hold on the president's executive actions of

immigration. if the administration's efforts to get this judge to issue a turnaround, a stay on that order , they have to have a decision tomorrow. i think republicans they say, at least for the short term, let's fund this. >> that would be the deal. short-term funding. short-term deal. that will probably be it. >> you are running out of time here. you have to have the legislative vehicle to get through. the deadline is friday. it is not likely are at eight live here. dhs would still be working. they do not get paid until the deal is done. about 30,000 others are for load until something is figured out.

>> what impact would it have on our security, do you think? >> we went to a partial government shut down in 23rd team. many people argue it did not affect our security directly. at a time when we are facing these challenges from terrorist threats overseas, it is not seen as the best time to fiddle with some light this. stuart: who is winning this political battle? >> because of the way the mainstream media focuses on this, it is largely republicans. if you look at this from just pure fax it is because the democrats and president put this

executive action on the record saying they have a problem with this immigration action by executive order. republicans stepped up and said, listen, this has to stop. however, the pr battle is probably being won by the democrats. >> just give us the fax. that is why we come to bret baier. thank you very much, indeed, sir. waffle house. surely you have eaten there a couple times. they are getting in on the sharing economy. unveiling a partnership with an out. you have a package that you want delivered? the partnership will turn waffle house restaurants into the pickup point for your packages. not a bad idea.

cheryl casone is here. i have a package. i want it delivered. >> i am on my way to disney with the family. i can do that for you. that is what it does in general. >> you pick up my package. >> now it could be at a waffle house. they said, look, here is what the ceo actually said. we are just taken and eggs over here. we think it is a good idea. it can actually work. this undercuts ups is the plan. it undercuts fedex.

i can put it into the trunk of someone's car. stuart: it will not take over the delivery market. what it will do is give full around the edges. a profitable piece of the action. >> forget the planes. forget that yellow cab. take it to the people. save people a lot of money. stuart: they do delivery, don't fair? >> a are launching so many eggs. 10 million in funding. a lot of big names behind them. >> we have a lawyer on the show later in the program to talk about liability.

stuart: in case you missed it. here are the headlines from lauren simonetti. >> a plane strikes a truck in southern california. the accident happened outside 45:00 a.m. assisted time this morning. it collided with a produce truck on the track and venture accounting. you can see three train cars are on their sites. as of now barak illicitly, no fatalities. it turns out giving your kids. it cuts their risk of peanut allergy by an average 80 plus percent. parents should consult a dr. first. look at this amazing video.

rescuers saved these manatees from a storm drain. they use fancy equipment to lift them up. i'll return to their home. how did they show up in that storm drain in the first place? those are your headlines. stuart: thank you. the obama administration. moving ahead with its plan to regulate the internet. the judge is next. ♪

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♪ stuart: check that bank board and look at it though. 18,200 is where we are this tuesday morning. janet yellen said we are unlikely to raise rates for at least the next couple federal reserve meetings. forward guidance will let you know what we are up to. up goes the market. where is the price of gold this morning? below $1200 an ounce. ali baba.

what you are looking at is very close to the low of this calendar year. higher profits of toll brothers. dave build upscale homes. they've raised the forecast. up you go. two republicans they are asking chairman to delay the vote on regulating the internet. >> we respectfully request that they release the 332 page publicly and allow the american people a reasonable period to carefully study it. judge andrew napolitano is here. he and i alone recognize a split incentive. the government wants to issue these rules and impose these rules to regulate the internet like a utility.

>> hold on a minute. >> here is what the administrative procedure act says. what famous they must do when they are going to change their rules. publish them forth 30 days. congress could, by a majority vote, and both houses interfere with, modified or even block those rules. the majority if they do not release these rules ahead of time, will be taking positions that they are not. >> how could they say that? they want to put it subject to their majority vote. >> that is outrageous. >> it would completely change the nature of the internet.

>> absolutely. >> you know what it will do? it will give the courts i hope to which to hang their hat. last week when a federal district court in texas it was for the same reason. they did not follow the procedure act. these people are changing the law and they are not even falling over rules for changing the law. >> a are daring the judiciary to intervene again. >> mysteriously making it easy for the judiciary to interfere. interfering without even reaching the level of our greatest fear. all they had to do was reach the level of. this is very, very basic. a first-year law student knows

this. apparently, the people on the sdc do not know this. >> the changes radical. this president wants to reside over the change. he wants to be able to regulate the contents of information. you heard it here. >> let's suppose that there is a debate. a majority vote in the house and senate could change those rules. >> love, in the process, a good healthy debate about it. >> at the end of the day they will break in late the internet like a utility. >> unless and until they decide that congress shall make no law. also means the fec shall make no

law. they have yet to rule that way. this may be the case in which they do. what is wrong with the following sentence? my mother told me to quickly run to the store. [laughter] stuart: thank you, judge. london school of economics, they study in place? >> yes. >> english with a german accent. stuart: obamacare architect jonathan gruber, turns out he may have overfilled vermont. we have the full story for you. believe me. it is coming. basically, that was really really critical to get it to

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i guarantee it. welcome to the nascar xfinity series. stuart: look at it go. unlikely to raise rates for at least the next couple federal reserve meetings.

a report from the vermont state auditor. mit economist jonathan gruber may have patented his bills to the state. cheryl casone. cheryl: this has been referred to the attorney general. we shall see. he built the time of his research associates as the same. $450,000. he started producing these bills. the stupidity of american voters. they can never understand obamacare. rad paid him a couple hundred dollars. we will have to go back. $100,000 for him. $100,000 for the time of the research associate.

the same value of research associates that are helping him put this together. >> 300 research associates. i can see the point. >> the same amount of time for each. >> very suspicious. very suspicious. fifty-four page report. we shall see. stuart: this extra money, it will pay off. cheryl: something will have to come to terms. that is for sure. stuart: thank you very much. the federal government is now telling us we should not eat too much meat. it is bad for the environment. >> reports like this miss a lot of important context.

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keep you up-to-date on what is going on with washington where janet yellen is testifying to the senate banking committee. she has said you got a lot of warning if we raise rates. in a market like that we arby points, a 18,200. we always cover apple. let's get to gas prices. to you want to see gas prices? >> i have some trips managing the. stuart: i will show you gas prices initially two states left in the one dollar club idaho and utah. that is where the average price of gasoline is below $2 little in 2 left in that club. look at this. i was shocked when i sought this. the cheapest gas in the land, jasper, texas, a price war, and one dollar and $0.29 at a shell station and one dollar and $0.29

in the exxon station. i don't remember anybody getting gas out there. >> we love our trucks. we got to have our big trucks. stuart: i thought you were arizona? >> i am from both. stuart: where were you born? >> florida. ten years in texas and ten years in arizona. stuart: can we show the dow jones average again? a new high, 18,211, that is the new high. you have never seen the dow closed at that level or reach that level previously. 18,002 levon moments ago. the united steelworkers union playing at oil refineries around the country, on strike for a month. jeff flock is live at the bp refinery in waiting, indiana. they are on strike at that refining place. you tell me what is the affect on the price of gas around there

from that's right? >> as you point out we are starting to see an impact, we see gas prices taking up the last few weeks about $0.13, there is some speculation by some analysts that the strike is 15 refineries, almost a quarter of the nation's refining capacity starting to have an impact. management workers have been operating these plants and have been operating fairly smoothly. management is affected by a large inflated creature you see over my right shoulder, but analysts seem to think that as we approach the switchover to the different lands, summer blondes maybe it is starting to see an impact on prices. stuart: i am sorry to say the we in this city are laughing because i just came back from florida, sitting in a warm and cozy studio and you are not. jeff: as usual. our normal spot here.

i will walk the picket line myself shortly if this winter doesn't quit. stuart: get some exercise but you are there for the day so enjoy yourself. watch out for the inflatable rack. thanks very much. the story of a government panel that says cheeseburgers are killing of a planet. a group of academics says we should eat less meat, eat more plants to help the environment. north dakota, a senator from that state republican joins us now. are they totally wrong on this? >> they are supposed to make recommendations on dietary guidelines. they need to stick to nutrition, not get into other issues like climate change and that kind of thing. beef is a healthy part of any diet. we raise a lot of cattle in north dakota and other states in the midwest and nothing better some lean beef. stuart: this is the government saying not for health reasons,

to protect the environment you should eat less meat. that is a new one to me. that is climate change coming in to the argument which used to be about health and diet carry ideas. >> this is change the debate. you are exactly right. we included specific language in the authorization bill for the department of agriculture, don't bring in other issues, focus on nutrition. we want good nutrition and the guidelines for ourselves and our kids but stick to the issue at hand which is nutrition. stuart: as i understand it there are the same number of cattle in america today that there were in 1952. it is the very low number. so cow flatulence which has every academic worried apparently is surely not that big a deal is it? >> it is not and is part of a healthy diet and if you want to addressing financial concerns at the same time as building a good energy plan for the country you encourage investment the not

only helps us produce more energy at home but with their environmental stewardship, you don't get into all these regulations that block the very investment leads us forward and helps us reduce the price at the pump. prices are down at the pump because we are producing more energy, more oil and gas. stuart: a capital state, north dakota, plenty of cattle in north dakota. >> we have a million head of cattle. we are going to continue to raise before this nation. it is what consumers want. we not only consume it in america but is a great export for us and we will continue no question. we will push back on this latest kind of odd guideline from the administration. stuart: trying to keep the smile off your face. i want to move to the keystone pipeline. the president is going to get the bill today. he has ten base to sign it or veto the legislation. at this point he vetoes it tell

me the account in the senate for overriding that veto. >> we are sending the bill up right now, the enrollment is taking the up to them the white house has indicated they will veto it. we are at 63 right now. we have 63 votes for the bill right now. we need four more in the senate. we are working on that and we may try to override or we may work to attach it to another bill that he won't the dough. stuart: at the end of the day do you think we will build the pipeline? >> i do because americans support it overwhelmingly, 70% in poll after poll and this is about building our energy future in america energy security meaning more oil and gas and work with canada so we don't have to depend on opec. the president vetoes that bill, you know who will be happy? opec. it puts them back in the driver's seat. stuart: north dakota, thank you for joining us, we appreciate

it. a new study about peanut allergies. maybe you can reduce the severity of the allergies. we want to hear about this, dr. mark siegel is going to lay it out for us.

nicole: i am nicole petallides, the dow jones industrial average up 80 points, the s&p 500, up 2.5 points. the dow and s&p record all time highs, nasdaq composite moves to the highest level we have seen since 2000 with records of its own. look at the dow leaders including home depot and american express we are seeing financials doing well, home depot be the street, jpmorgan cutting costs of 2.5%. told brothers, profit jumped, that is a real winner, told a news see more sales, and bringing the home building sector at the moment, told brothers is a real stellar performer up almost 5%. pulte and apple moving to new highs once again. let's look at where it is right now, 13294.

stuart: more on the breaking news out of california, fox news reporting 51 injured, 4 critically in a train crash, the train collided with a truck at a railroad crossing. fox news reports the driver was arrested and fled the scene. we are on it and will keep you updated on that. for the markets check out the share price of coach, a winner today after an upgrade from oppenheimer, coming back a little today. jpmorgan, very interesting

story, getting ready to charge institutional customers for deposits. that back as second. >> absolutely but they're going to do. maria: stuart: i'm a big institution. i give you $20 billion or whatever, you don't give me the $20 billion back, you charge a fee to me. i paid the fee so that you keep the money. maria: i can't take the $20 billion and lend it out to other clients and use it myself because you are moving money in and out of your account and with all regulatory pressure on the banks unisys's coming because they have to have their capital requirements at the bank. they don't have enough money in their coffers and to make sure it is there. stuart: it is a negative interest rate. and the netherlands at the moment. you give the bank of money, they don't give you all of it back they charge you for holding on to it. now is here in america.

put the stock price up on the air. they will save $1 billion by cutting costs. jpmorgan hitting $60 a share, negative interest rate. buying a home not sheet, mortgage, insurance all adds up. cheryl has been adding the numbers where is the cheapest city to buy a home? cheryl: jpmorgan, one of the big businesses with mortgages. if you had up mortgage worth of principal and interest, insurance taxes what the you have to make jeter city? pittsburgh. pittsburgh, pa.. you only have to make $41,716. that will buy you a median price home in the metro area of pittsburgh, pa.. 31,000. stuart: the most expensive? >> you won't be shocked. if you want to buy a home in san francisco you have to make

$142,000 and change in annual income to buy a home in the city of san francisco. guess what is in new york? $87,000 in annual income for new york. l.a. 80 one thousand, san diego $95,000, 95 in san diego. that one's surprise me. bernard: is that high or low? cheryl: very high for san diego. stuart: $95,000 per year in income gets you the median home in san diego. >> median price home in san diego. 95,000 in san diego is high or low? cheryl: i think it is very high. san diego is one of the cities hit badly by the housing crisis and they have struggled to come back so looks like prices must be pushed up for whatever reason, san diego. stuart: i want to be a weather forecaster in san diego because you always get it right 300 days a year of 72 and sunny,

load humidity. cheryl: want a cheap city? cleveland st. louis, cincinnati, phoenix, 40 grand. stuart: were the overbuilt in the housing bubble? dr. siegel is waiting to get on the air. we will introduce you. >> pittsburgh is a great city, great restaurants great rivers, it has come back a lot since the steel days. stuart: the cheapest city in america. are you moving? >> with those prices? maybe. stuart: they will come together. is that right? what are those three rivers? monongahela. cheryl: mr. pittsburgh. >> i can't name any rivers. stuart: allegheny, that is right. charles payne talking to robert schiller at 6:00 p.m. eastern on

the fox business network tonight. first, parents are told don't feed your kids peanuts you don't want to give them an allergy. there is evidence that the opposite may be true. dr. mark siegel is in. today an introduction, what they are saying is if you feed kids peanuts you will reduce the severity of the allergy later in life if they get allergy at all. is that right? >> absolutely and this is a great study that comes from researchers at your country of origin, the other side of the pond. it feeds into something called the hy gene theory. we are deliberately keeping our kids away from the-what they are exposed to. every time we do that we risk an allergic response. the immune system goes haywire when it doesn't see something and the theory is everybody is so afraid of peanut allergies the we are not allowed the

american academy of pediatrics, since the year 2000 we have not been able to give kids the not so they are almost 3 years old, from the american academy of pediatrics, that is the recommendation but this study shows if we expose them to a little bit of peanuts we can cut down their risk of a full-blown peanut allergy by 70% to 8% and you know why that is? we are priming the pump, giving a little bit of peanuts of the response to ends up being normal. a wire spells allergy. normal spells immunity. stuart: the peanut allergy is the most extensive and most common allergy, food allergy among children. >> absolutely and is also skyrocketing. this study implies the reason is going up so much is is 20% of all food allergies. the reason it is going up so much is we are withholding it too much. a little bit of a peanut.

cheryl: you are letting the immune system built it, trying to drug it, when i was a flight attendant, if a child was coming down with a peanut allergy we would take the ball off the plane, strip the plane of peanuts because it was so did the to these children. >> the particular children they are targeting are those with a skin condition called eggs and not end a allergies because those are the ones most likely to develop peanut allergies so we know every time a kid has and them not we keep them miles away from peanuts but this study shows if we give them a little peanut they would never never develop the of full-blown severe allergy that schools are going crazy over. peanut butter in schools, peanut butter and jelly when you were a kid? stuart: there was no peanut

butter. stuart: there was -- it was called the gem duty, wonder bread, lots of butter on it and strawberry jam. >> you don't know what you are missing. peanut butter and jelly sandwiches. cheryl: peanut butter and bananas. stuart: i didn't have peanut butter and to live was 18 years old. my first peanut butter in africa in kenya, nairobi. >> could have been in the middle of kenya with an allergy. no one would think it is the peanut allergy, go home. stuart: wait for it, waffle house getting into the sharing economy teaming up with the delivery apps. stop by your local waffle house parking lot, take up the package, deliver it. what a story. we will explain in a moment.

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stuart: we're talking about this story an apps called rudy the uber of package delivery making a deal with waffle house, it will drop off the package at waffle house, the delivery driver picks that. here is christina warren, senior tech analyst. this is a great idea. the sharing economy. it seems to work for me. is it a good idea? >> great idea. it is a question of scale, a great idea since people are already on their way to destination nearby. if you are already on your way some place, stop by a waffle house and pick something up and drop something off. stuart: the drivers have to be going somewhere and you have to plug into the system and once your package delivered where the driver is going. >> that is the idea for right

now and how to sell it. it will evolve into something more like uber where it is more in demand. stuart: there's a limitation, you got to hook up with a driver going to the place where you want to go. >> it depends. what happens when i was in phoenix a friend of mine lived 40 minutes away wanted them. he hired uber driver to come to where i was, pick up the ticket and drive back to where he was. all in the name of convenience. so this is the same situation. it is like the messenger service -- stuart: i am fascinated by the idea of this sharing economy. if you have an asset like you are a driver, you can cash in on the sharing economy through this kind of apps. you could have a room in your apartment or a spare toilet perhaps if you need it. >> that is why air bnb and uber

have been so successful with another service will go and buy anything you need and deliver it to you, this is more of a person to person courier service and it is a smart idea, look forward to seeing how they scale and it makes a lot of sense there are tons of waffle houses all over the atlanta area. it is scary to have a stranger come to your house. stuart: i have a package to deliver that i want delivered you are the driver and takes a piece of the feet, got that. what does waffle house get? >> not really clear. it is investing a little bit. >> have some aches and bacon and the waffle and on your merry way. especially if they're on long road trips why not stop at waffle house. stuart: thanks for joining us

good stuff. later today on risk and reward dierdre bolton has an exclusive interview with the vice president of waffle house and the ceo of routine. the sharing economy. brought to you on the fox business network at 1:00 eastern. two stories that some up the obama presidency. panel of academics appointed by the government says stop eating meat because it is bad for the environment. we have a cattle rancher to respond to is that. and the state department put enough flow chart on its web site how the stock -- how to stop violent extreme is in your community, dime store diplomacy. you can make suggestions how to tackle the serious problem. our two history to minutes away.

♪ music ♪ ...the getaway vehicle! for all the confidence you need. td ameritrade. you got this. stuart: i guess it started years ago. good fight from the government. the fed's now telling us what to eat not only that but why we

should eat it. i will explain. panel of experts recommends we eat less red meat not to lower our cholesterol, not -- they want us to cut red meat to save the environment, save the planet. academics got together and decided hamburgers the killing of a planet. cow flatulence is really bad. joe the burgers, go green each plants instead. how much the device can you take? it seems to me there is the politicization of food. it is not health the feds are worried about, it is the planet. is it a bit of a stretch? i do. you save the planet like this? are they cozying up to young people who they think will vote their way. i think it is the latter, the academics are continuing a long tradition of bending their brains to fit the politics of the day. the cattle farmers are mad.

how would you like if unelected tenure academics got together to kill your industry? stay right there. a cattle rancher who is also a doctor will join us as we kick off our two. stuart: questions from the senate banking committee janet yellen made news earlier, she said the fed will not raise interest rates for at least the next few fed meetings and any change to rates will come with a warning, forward guidance. also she says there's no plan to change dodd-frank which is financial regulations. we are following this closely and we will bring you the highlights as they come in. look at the big board, the dow rallied on the yellen news, right around 10:28 eastern she made the comment about not raising rates for the next few fed meetings up went the dow.

we're holding plus 74, earlier we reached the brand new all-time high for the dallas 18,212. down a little bit from there. strong profits, strong sales of home depot that is a dow stock. the game for home depot's stock is helping the overall dow. look at apple. another new high for that stock earlier, 133, now is worth, let me check the math, $776 billion. the price of oil, not much change, right around $50 a barrel. the national average for a gallon of gas keeps going up, 29 straight days, national average is 231. the cheapest gas in the land, we have broken weighed down at this point, it is $1.27 in jasper, texas. 129 at the exxon station in the same town. that is a low price. we are following a breaking story out of california. a commuter train crashed into a truck and rail road crossing. the truck got caught on the

tracks. 51 injured, four critical. this happened during rush hour in california. fox news reporting the driver of the truck ran away from the scene. police found him and arrested him. we are still on this story and we will keep you updated. you are not happy with a group of academics who said meat is bad for the environment. here is what you had to say. first of all gone, if you don't want to eat meat than don't, stop exhaling, you are causing global warming from all that ceo to. mark asks this. professor telling us how we need to be like other countries and what we should be? i since your frustration. tim said our president -- let me phrase that, our president is bad for the environment. will eat steak till i die. we get the point. dr. richard ford is with us from austin, texas.

you are a physician, dr. for, you are also a cattleman, i believe you are a cattle rancher as well i think. what do you make of the government saying don't eat so much red meat and save the planet? >> i do you what. we are very disappointed with this. they are going to make a big mistake with their dietary recommendations like they did in the 1980s with the food pyramid. if you remember the food pyramid, talking about you should be varied little meat, very little fat, the top of a pyramid, at the very bottom of the pyramid, carbohydrates and that dietary recommendations of the 80s could be responsible for the future obesity epidemic we have in our country today. stuart: what do you make of this? they are issuing this suggestion, guidelines, not on the basis of health and you are a doctor but on the basis of saving the planet and you are a rancher. it seems like we have got into a whole new territory here.

instead of the government advising us on health it is now i advising us on climate change and food basically. what do you make of that? >> we would love to have a conversation about sustainability with this group but they are not the experts in sustainability. they are supposed to be the experts in nutrition but sustainability is a huge propaganda everybody wants to talk about it but i tell you what. if you look at our country alone, the vast majority of the landed our country is not suitable for growing vegetables and fruits. we have a lot of grassland. we take this low-quality grass and turn it into high-quality protein and sustainability, we are all about it. stuart: what can you do about this? >> we are going to keep working. right now you can send it recommendations and comments to this dietary adviser group to tell we are unhappy with this and we are working on it.

they have made it, really pushing towards a vegan agenda with this recommending you eat vegetables. stuart: do you believe that? sorry to interrupt you. i do apologize. do you think there's a hidden agenda? that they are pushing what i would call an extremist vegan agenda? do you think they're doing that? >> absolutely. the only meat they have on their recommendation is fish and they are talking about fish with this regard to things in fish that may not be healthy like mercury and stuff. so absolutely third pushing towards a vegan diet to leave me off of the center plate. stuart: we appreciate you being with us. it is a national cattle man's beef association. is that the correct title? >> yes, sir. that is it. stuart: thanks for joining us, appreciate you being here. we have to break in from janet yellen, breaking news, she just

told the senate banking committee the cybersecurity legislation may be needed to protect financial systems. no impact on the markets but big news from the fed chair on cybersecurity. remember earlier she said we are not going to raise rates for at least the next couple of fed meetings, the market liked that and we are up 75 points. the deal is in the works to stop iran from making enough nuclear material to build bomb. there is a catch. the deal would only last decade ten years later they can start back up again. we have fox news national security analyst katie mcfarland. i am reading this as follows, is a new york times story, they can -- it is the delay. we are going to allow them to get a new but we are going to delay them getting a new college is that accurate? >> sort of. this deal is so bad you could drive a truck through it.

not only of we not reducing their ability to enrich uranium, we are not doing anything about their ability to have plutonium reactors and we are not doing anything about their ability to have missiles, long range missiles that can reach the united states carrying a nuclear weapon. this is like swiss cheese. the iranians have decided we already won his round. we got what we want whether president obama gives us a deal or whether we don't get a deal we are still going to do what we want and they have concluded there so desperate for a deal so desperate for a deal with iran talked about it on his inaugural address five minutes after he took the oath of office in 2009 so at the end of his term, a meeting in tirana and he will do what he can to get it and the problem is he will leave the middle east a lot less safe than he got there. stuart: benjamin netanyahu has every right to come to america and address congress because congress has a stake in this action and is real certainly has a stake in this action and

benjamin netanyahu does not like the deal which is rumored in the times today, he has every right to address our legislators. >> i would take a step further. he has every responsibility to do it because he's looking at that if iran gets a nuclear weapon and nine wasted destroy israel, if the prime minister of israel could that and says iran gets nuclear weapons, it means the destruction of my nation and doesn't only have the right but the responsibility to set alarm bells off route the world. stuart: 30 seconds left but your opinion. my opinion is the iranians getting a new is the biggest threat on the foreign policy or rising. you agree with that? >> absolutely. everybody in the region wants the most destabilized region of the world, can you imagine what isis would do if it got its hands on weapons of mass destruction. stuart: i can hardly think of that. extraordinary. thank you so much for joining us

on an important issue, we appreciate it, thank you. and you read the graphic, in case you missed it. here are more headlines from lauren simonetti. >> we are talking pancakes and packages. waffle house teaming up with deliveries to make its restaurants pick up points for packages so drivers can grab them as they are on route to wherever it is they are going. last month received $10 million already in investments, they would compete with ups and fedex but get this, ups is actually an investor. it charges between 12 to $200 to make those deliveries. alaska goes to pot. now the third state in the nation to legalize recreational marijuana. alaskans can possess transport and grow hop legally throughout the state but letting up in public remains against the law. the unit that strings baseball footage is now in talks with 40 potential clients streaming their videos too, that unit is

helping sony, espn and others to deliver content, growing interest cost m l b to consider spinning off and it could fetch a reported $5 billion. stuart: $5 billion? >> $5 billion. >> i know the alaska store. how many people to enforce people not smoking outside? bernard: when you are allowed to transport it, grow it, buy it, sell it but you can't smoke in public. >> you can smoke in public. it is different in certain cities. next year they are going to talk about how to tax and regulate it. liz: in downtown in courage it will be tough to police it. stuart: thank you very much. after the break we unleash lou dobbs. the issue at hand president obama's current approval rating. is improving. is the bar set kind of low? lou dobbs does have an explanation.

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stuart: we broke the news that janet yellen telling the banking committee that legislation may be needed to protect the financial system from cyberhackers. listen to this. >> it is a larger problem and this is one where cooperation is needed among card systems, retailers and others involved in the financial system and conceivably legislation might be needed in this area. stuart: i want to advance this little. liz macdonald has more on this. are using the security and exchange commission regulators are starting to look at individual financial terms and say your cybersecurity is not up to snuff. liz: the sec examine $150 on wall street to make sure they're cybersecurity walls are up.

they found some of these to not have encryption in these will street houses so i know personally people at the banks are worried about insiders, we talked to the fbi. it is concern the banking industry needs to raise their cybersecurity walls. stuart: lou dobbs is with us and he is here to discuss another subject but he is up in arms about the sec looking at cybersecurity. >> the fact is the sec has been under the irresponsible every single banking regulator has been irresponsible on the issue of cybersecurity for financial institutions and broadly with the sec corporate america. there is no wall of protection between these cyberattackers and private information and it is because it is because corporate america and the financial system refuse absolutely to invest in that protection. stuart: cutting their own throat

doing that. >> they are getting cover for people like janet yellen of the federal reserve saying we need legislation to create cybersecurity for our institutions. nonsense. that will not be created by legislation. it has to be created by silicon valley high-technology firms, it has got to be created at a price and it is going to go against their earnings of these institutions and what they are trying to create is a veil of immunity for these corporations. there is a fiduciary responsibility not only for the financial institutions but corporate america and right now the country is being published. liz: these wall street guys have to protect, have to do it and more legislation is more bureaucratic -- lou: like a ball on immigration if you don't enforce the law it doesn't matter what is on the books. stuart: they just gaveled to an end, janet yellen's appearance at a senate banking committee,

they are leaving the room. lou: so far i hear. stuart: spare me. anyway it is over and we have the dow jones average up 66 points as the testimony is complete. there is a daily gallup tracking poll that shows president obama's approval rating 46% 48% disapprove. that approval number has been going up and i want lou dobbs to explain why it has been going up. lou: it has been going up because there is an indifference to the standards we apply against our president. it is interesting to look at these numbers, the president just briefly just below 40% but for the most part 40% on approval, no way in the world, these scandals you reported on as i have for the last six years the obamacare rollout disasters

obamacare 2, 3 and 0.0 adding to the scandals, irs, benghazi, fast and furious, remember fast and furious? i believe an attorney general was cited for contempt of congress overs that, the doj targeting journalist, solyndra the veterans affairs scandal for crying out loud. this is a handful. and this president than has the audacity to talk about manufactured scandals. he is the one manufacturing them and congress is incapable of effective oversight and the reality is 40% of the folks say boffo job. we are looking at at 2.6% gdp growth rate. stuart: wait a second. you cannot explain why the floor is 40%, doesn't drop below. all of these scandals has not dropped below 40. lou: most americans have given up on national leadership that is competent, and effective and

capable of driving and engineering the great government machine. back to george bush in 2007. his approval rating was 33% and the economy was declining farther it than this, gdp growth 1.8, the onset of 2008 financial crisis but if you go back to the years of clinton, the wonderful house in years, he has a 66% approval rating despite the sex scandals, the lying scandals, the growth rate and the economy was 4.8%. stuart: we have become immune to scandal. lou: we may have. endymion to any standing expectation. we don't expect a president to be capable of doing much. by the way they are meeting our expectation. stuart: when you are on tonight. on the fox -- lou: 11:00 as well.

i am sorry. stuart: i get two hours back-to-back. lou: there's a flaw in the plan. stuart: i will be watching at 11:00. lou: i will reciprocate. stuart: rudy guiliani still catching heat over his comments about president obama that the president doesn't love america. a 12-year-old boy response in a viral video. what he said might surprise you. >> don't care about their life you could care less but here's what you need to realize. here in america we don't back down to terrorists. we fight them on our own battleground and we annihilate them.

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quote today,call liberty mutual insurance at see car insurance in a whole new light. liberty mutual insurance. stuart: earlier today, we had a brand new all-time high for the dow, 18,212, we backed up a little from that but we are still up. fed chairman janet yellen said you get plenty of warning before they raise interest rates and the market like that one. there was one dow component doing particular the well, jpmorgan. giving way to the charge some big clients. and you pay them to hold your

money. and investors like that, wouldn't you? up she goes 2.5%. higher profits apple bread is they build high end homes and raise their forecast, she goes up 5% on told brothers. former new york city mayor rudy giuliani got a lot of backlash for saying president obama doesn't love america. he has the least one staunch supporter in 12 mack 12-year-old c. j. pearson. >> applied mayor rudy giuliani for his comments about president barack obama. president obama, you don't love america. if he really did love america, you would call isis what it really is. an assault on christianity an assault on america, and a downright heat for the american values are country holds. stuart: how about that? the video has almost 900,000 views on youtube. it has gone viral well spoken young man. liz: youtube sensation, 110,000

views on sunday so he is basically true going viral. for the president because about by 12-year-old middle school there's really something. he is saying all so we don't back down to terrorists and he is saying i don't care about being politically incorrect. call isis what it is, evil. cheese speaking in very concrete terms. stuart: let's have a report tomorrow on how many views there have been, 880,000 now, how many will be in 24 hours? we should check that. liz: 1.2 million tomorrow. stuart: let's see. the liberal hollywood elite full display on full display at the oscars. did they let any conservatives in to their exclusive after oscar parties? the answer may surprise you and it is up next. tonight on the fox business network strange inheritance with jamie colby at 9:00 p.m. eastern. cards. here is a sneak peek.

>> i had no idea what a $100 baseball card looks like brand-new. ♪

stuart: a new high. back up a little since then. 2116. move on to the price of oil. the national average of a gallon of gasoline has gone up again. gone up 29 straight days. look at citigroup please. $100 billion to go green. this apparently, is part of the dood-frank regulations. are they being told to do this? the obama administration has ratcheted up regulation on these

firm's. citigroup is not the first to do it. listen why? i need to know why the ceo of goldman sachs is in favor of gay marriage. profits, lawsuits. the magic happens in 2009. liberalization of wall street in a massive way. here is the bottom line. you will come under their thumb.

>> you paid it back with very low interest rates. stuart: a gigantic bureaucracy that sits on top of the financial institutions and tells them what to do. >> it is not just that. the scrutiny is off the charts. probably the most liberal, federal government this country has ever had. he may really feel in his heart that a marriage is a good name. stuart: i, actually, and in favor of it. >> and lots of lot of these green energy companies would not

exist with these subsidies. >> probably a drop in the bucket to the bottom line. major financial institutions start playing the tune of the federal government. not twice socialism or communism. the government starts pulling the levers. are we there yet? >> we are creeping closer. that is who is calling the shots on wall street. stuart: we like that. thank you very much. you did well. [laughter] stuart: patricia arquette.

it is her acceptance speech that is making some headlines. joined now by paul and dd. great to have you on the show. welcome back. great to see you. a list women in hollywood are paid less than a list then. it would seem that ms. arquette has a point. >> that is the business. people will pay people according to how many they put in. julia roberts is an a-list big star. i do not know that that is true across the board. you can do the business. they will pay you accordingly. >> i agreed.

patricia arquette does a fabulous job. shouldn't be about sexual preference or race. i do not feel bad for her or anyone in hollywood, to be frank stuart: i am going to move on to sean penn. >> sean is a great act or. he should not go on trying to be a comedian. he does not have the knack for it. [laughter] >> i do not wrap, all though i could, i do not have the knack for it. he is nowhere near a comedian.

>> talking about the green card. it is ridiculous. >> they are friends. something you should not be saying. it was ill chosen. stuart: vanity fair. were there any conservatives that you knew of who were there? >> yes. it was great. kelsey grammer was there. great guy. he says he is not used to being able to hear that. robert dufault. he is a conservative. what a class act.

stuart: you two met on the cavuto show. >> we did. stuart: you met on neil cavuto's show. how long have you been married now? >> six or seven weeks. >> you better get this right money. >> december 27 is the date. just so you know. >> i know that. >> we are having a ball. he is a great husband. he really is. stuart: i am really glad i asked. >> paul from hollywood is very conservative. a great american. a good teacher yet. stuart: we knew that. good to have you on the show. thank you.

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♪ nicole: i have your fox business brief. a lifetime record high. the s&p 500 is up one point here it than that that down. some of the names on the move. fisa home depot 42 stocks on

the s&p 500 are hitting new highs. diamond offshore under some pressure today. they will have termination of some of their contracts. a possible joint venture there. also doing well on their latest numbers. more fox business coming up. ♪

stuart: we follow the price of gas very closely on this program. it has gone up again. straight up for 29 straight days, by the way. have you given up on your forecast that we would touch the low again for crude oil pushed mark have you given up on that? >> i have not given up on that at all. we do not have an economy that is firing on all cylinders. july at this time last year, we were trading at $50 a barrel. we still can't get the economy going? i think that is a real big worry

>> they are not spending that money, are they. they are not getting out there and spending vigorously. this economy is not moving swiftly. >> no. they are all missing. at best, the consumer is less than that. our debt can situation is no better than it was in 2008. stuart: all right. you are on. thank you very much. the state department is, not sure i understand this, outsourcing the solution for violent extremism. they are asking you for ideas to fight extremists.

what do you make of a flowchart and asking the general public for ideas on fighting islamic terror, which they will not call islamic terror. >> it is actually infuriating. we are spending our tax dollars to employees tens of hundreds of thousands of people. to say that we will just disregard that or throw in the towel, it just seems so juvenile. >> i hate to use that word. if i said amateur hour, i think i'm stealing your line. it seems that way. a flowchart to stop terrorism. it just does not seem like the state department i am used to.

>> understand how you wage political warfare against an ideology. they are not doing any of that. part of this is just amateur hour. >> is that it? they refused to accept that it is radical islam. they will digress diverge attention with a flowchart. are you kidding me? >> the bush administration did not bat a thousand on this issue. there were difficulties in recognizing the ideology. you have to go what is beyond that. this administration got in bed with the muslim brotherhood.

stuart: what do you think is the biggest threat to america? >> in many ways, the same veins. isis and al qaeda are the tip. the idea that you unified. the ideology and not iranians were the first state. even though these people hate each other, they can agreed that they hate us more and they have a lot in common. stuart: thank you for joining us. waffle house getting into the sharing economy. the man you hate to love. trial lawyer. who will he sue in the waffle house story? ♪

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>> waffle house teaming up with roadies. that is an app. package deliveries. they will act as the of. you drop off your package there. a driver picks up your package and delivers it. there is an issue of liability here. shortly. let me get this straight. i have a package i want to live her care. i get on that path. we team up and meet at the waffle house. okay. suppose the driver gets drunk behind the wheel. seriously injured's somebody. who is liable?

>> i think they will carry liability. i think, arguably, there is liability on waffle house. he collects the package from waffle house. >> you would argue that waffle house has some liability here, otherwise, it is the insurance company. >> yeah. if i am the lawyer, i will sue all three. stuart: okay. i have a package for delivery. i take it to waffle house. it is marijuana. who is liable? >> i think the person receiving the package is probably in

trouble. there is an aroma of an idea that there may be pot in that package. arguably, waffle house is as well. >> can you imagine a contingency cut? i love all full house. bring it on. stuart: operating procedure 30%. >> you not charge expenses of $1000 an hour. if i have to pay to have a package to liver. whatever that cost would be. i do not get paid by the hour at all. stuart: right. you charge them for all kinds of

other stuff. >> no hourly fee at all. i get reimbursed expenses that i am out. >> to you think that there is legal liability here? >> table both insure us on this. they will carry insurance. they sure better look at it carefully, yes. i will not try to get dropped drivers off for free. stuart: understand. your time is up. coming up on risk and reward, do drop bolton has an exclusive interview with the vice president of waffle house. 1:00 p.m. just a couple minutes from now. ♪

stuart: risk and reward is now

with out him schapiro. >> welcome to risk and reward. scattered, smothered or covered. waffle house hits a new product on the road. my exclusive interview is coming up. investors waiting to exhale. developing the holy grail censorship that mentions everything from your alcohol content, health, and even bad breath. he is famous for fighting the afterword, fraud. who and what he is targeting now. planting to vote on net neutrality. whether the internet will be regulated as a utility. pushing for aggressive net neutrality