today. we are following the very latest on the european story. a plane crash in the southern alps. what the plaque box shows. have a good day everybody. i will see you tomorrow. time for "varney & company." stuart: there are other headlines. lots of them. we got to know what is going on. the risk is a mile wide. reports that isis, al qaeda and boca harang are all training together. dead hand of government. denied the state governments that are so-called state government deny its.

operation chokepoint. if the administration does not like your business, it may be disrupted. we will keep you up on the news as it comes from back catastrophic plane crash. here we go. ♪ let's get right at it. a crash. 150 passengers. early reports suggest a distress call. the airline cannot confirm any such distress call. that is important. the plane started a fairly rapid descent. dropped off radar screens and crashed about 15 minutes after takeoff. rescue crews try to reach the

crash site. very difficult terrain. they say that there are no survivors. two babies and a class of schoolchildren were among the passengers. at this time, a cause is not known. the plane and a bus 320. it had been serviced and inspected for safety just yesterday. tom sullivan is with us for the hour. i want to focus on the distress call or the absence thereof. there was some sort of purely catastrophic event. the pilot could not make a distress call. >> it is very troubling. it is the mystery now. you would expect this plane to just drop out of the sky.

instead, it went into a fairly normal descent. thirty-two-3400 -- the speed of the dissent was about dirty 400 feet per minute. about what you normally have when you are landing at an airport. it is not an abnormal descent. you go down the whole thing from the pilots to a mechanical -- by the way airbus this should have been sending off all kinds of signals. warnings. bells should have been going off in the cockpit. it also sends the same signal to the operations center of the airline. the airline will know, hey we have a problem. stuart: president obama has been

briefed. homeland security says that there is so far no link to terror. if there is no distress call in the plane glides to a crash landing it puts terrorism in the picture doesn't it? >> possibly. we are back to the malaysian flight now. did somebody take over the cockpit or is this a suicide type pilot or is there something that overtook the computer system on this plane and put it into a descent that the pilots could not get out of. stuart: well express. video from helicopters which are attempt date to reach the crash site. 6000 feet up in the french alps.

helicopters are attempting to reach the crash site. some helicopters have reached the crash site. you will not get pictures from guys who are trying to rescue anybody that may still be alive. we will keep bringing you the fresh video as it comes to us. any new information you will get it. let's move on. i want to move on to the middle east. israel spied on the u.s. and iran. they did not like what they found out and then they leaked the information. fox news contributor is with us now. the world is coming down on the israelis for spying on america. i think they did the world a favor. they told the world what president obama wanted to keep secret.

what say you? >> one thing is clear here pete whether the story is true or not, it could not have come at a worse time. profit reminder of just how are that relationship has digressed in recent months. we have though long time strategically vital u.s. allies spying on our association. the president had every right to be outraged, if true. stuart: what about we the people? i would like to know what is going on in those talks. what about me? don't i have the right to know what is going on here. >> you have a right to know what is going on to the extent that at this moment in time, the

administration chooses to make certain element public. beyond that, as an ordinary citizen, i do not think that you do. >> they have no say in it. i stated that is wrong. every right to tell our lawmakers what was going on. >> i agree with you to the extent that congress needs to be brought into this more than it has been in the past. the fact that our allies should be the ones delivering i just cannot get on board with that. >> ices, al qaeda apparently, we have reports that they are all trading together in the sahara desert.

>> ices is really, in some respects an al qaeda offshoot. what was once al qaeda in iraq. it is a very different entity. it recently proclaimed its region. we have yet to see any indication that this is something beyond a propaganda tool and it means that al qaeda will be running the operation. stuart: understood. thank you for joining us. we do appreciate it. the middle east clearly and chaos. power expanding rapidly. 220 eastern president obama and the president of afghanistan will join in a joint news conference. to the markets.

tuesday lunchtime. check that the lord. a 20-point game for the dow. oil still well below $50 a barrel. gas holding very steadily recently. more on today's top stories with lauren simonetti. >> good morning. the high cost of raising the city wage in seattle. eventually $15. cutting back on their staff and raising money prices. comcast wants your customer service experience to be smoother. comcast is tripling the number of workers in its social care unit. the team has the same training

as the call center staff that has had their say and share of, let's call it this portion it mishaps. you can try this at taco bell on thursday. a warm, fluffy buttery this get folded in the shape of a taco. to make room for it this taco bell is retiring the waffle talk go. shares are up. stuart: interesting story. thank you very much, indeed. stuart: we have the emergency management people. they are denying monday. another example of what i call the dead hand of government.

we will deal with it next. ted cruz doing his first interview as a presidential candidate. here is a highlight. >> it is time to get in there. it is time to start making a case. we have to change what we are doing. i think that there is an urgency and what we are doing in politics. i think that it is now or never. i do not think that we have reached the point of no return yet, but we are close. ♪ so what about that stock? actually, knowing the kind of risk that you're comfortable with i'd steer clear. straight talk. multiplied by 13,000 financial advisors it's how edward jones makes sense of investing.

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stuart: it is a very modest gain. it is tuesday. where is the price of gold this morning? sales of new homes rose a bit more then expect it last month. good news for home builder stocks. look at them all go up.

time is money. angelina jolie undergoes and other preventative surgery to cut her risk of cancer. we also have gm's lead engineer behind the car that can monitor your teens driving habits. also later on the show why men and women remembered discussions differently. how back and play a major role in your marriage. what are you laughing at, tom sullivan? >> a great story. men versus women. we are from two different planets. stuart: enough. starting next year. fema will only improve disaster preparedness funds for states that have plants that can take

climate change into account. here is ashley pratt. ashley, here is how i see it, this is the dead hand of government that says if you do not believe in climate change into jump on board with this, you do not get any money. >> i think that you have it dead right. federal agencies can say we will not give your state any funding because you do not believe in man-made funding. is climate change really something that we want to debate right now? that is really so mind willing to me. it is insane to me. stuart: i think that there is a

lot of money at stake here. it seems like the government is trying to impose and intellectual straitjacket. now, climate change is real. it is man-made. you better believe it. >> believe it or be punished. that is exactly what they are doing. that is how they want this whole thing to play out. if that governor does not believe in climate change and there is no funding to be found to help with relief efforts then people hate that governor. they want it to be well, this guy is too crazy that he does not even believe that climate change can happen. that to me, is sickening and

unfair. >> it will make some voters turn around and say governor, you are ignoring the money. if you just say that climate change is real, you will get the money. >> i do not believe in this. i am taking a stance and doing what is best for my state. help me or don't help me. i think that it is ridiculous that they would play politics with people's lives. it just seems petty to me. it is absolutely ridiculous. >> making the assumption that a flood is automatic if there is not climate change. >> i lived up in new hampshire for my family for 24 years. we did have major flooding.

our whole street flooded. we did not even qualify for flood insurance because we are not in a flood area. now, here is an issue. stuart: ashley pratt everyone. thank you for joining us. breaking news. the jetliner did not issue any distress call. officials say it was a combination of loss of radio contact and the dissent. sort this out for me, tom sullivan. >> the aircraft did not issue a distress call. they did not say the pilot. this aircraft will issue a distress call with all kinds of warning bells going off. it will also send a signal through the ground. this is starting to become a

story very much like malaysia. the plane did not do anything. it was a little bit more than 80 sent that you would normally get, but it was not extreme. nothing wrong with the pressurization system. if there was it would have issued a distress call to the pilots and the ground. stuart: and on a native response. >> we do not have a pressurization problem. we do not have an abnormal descent. why is this plane out of where they should be. stuart: fascinating. we will give more on this after the news develops and comes in.

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stuart: we brought you the breakthrough a few minutes ago. the jetliner did not issue any distress calls. tom sullivan says it complete event the mystery. one rescue helicopter has landed on the crash site. no survivors. >> no communication from the pilot. the plane was descending. the pilot did not say anything. we have another malaysia mystery on our hands here.

stuart: this mystery rings and the concept of terrorists. >> it is terrorism or suicide by pilate. stuart: what happened? thank you for being here. nobody knows where they are in the supermarket. announcing they will stream one game nationwide next season. bills against the job liars. october 26. adam shapiro is following this.

you have one game streamed online. that means i do not need cable tv. >> you could watch nfl games and other countries right now. they well paid out. >> they need and want cable tv. that is where you get live sports. all of this information will be going out.

that has to be a place of net neutrality. statistics show households that have broadband now have both the tv cable package but 70% of them also are over the top. people are doing both. they are not necessarily cutting out cable. 50% said that they would if they could get good service. stuart: fascinating story. alan thank you very much, indeed. this is called operation chokepoint. gun stores. casinos. they are all targets. the judges next. ♪

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plane crash in france. ashley: the white house has been in touch with french, german and spanish officials to offer help and the u.n. security council spokeswoman says there's no indication this crash was the

result of terrorism. as to tom sullivan's fought earlier. we can say the french police say they will take days to recover the bodies due to the difficult terrain. one french official says the largest piece of debris spotted so far is the size of a car. the plane disintegrated as it smashed into the side of the mountain. adding to the mystery you have been talking about this is the plane descended from 30,000 feet when it disappeared off the radar and 6000 feet did that in two minutes pretty steep decline or decent but never veered off course. was in a completely straight line which leads you to be the pilot had the opportunity to turn to the east or the west marseille airport was literally 30 miles away so there were places you could land 16 school reported to be on this plane with two teachers, they were part of a foreign-exchange trip no distress call, none at all so very interesting.

the key to this is to find the black box, and use of a plane fly overhead very low altitude. no obvious signs the plane was in distress other than it was flying too low and would never make it over the mountains. stuart: no distress call from the plane or the pilot. >> i am not saying this is terrorism. the plane seemed to be fine. you can move into the cockpit what went wrong in the cockpit. stuart: we will have a lot more on this. hearings in congress on operation joke point. if the white house didn't like you, banks and financial institutions were pressured to close at your account. gun stores, casinos, payday lenders, and the guys smoking paraphernalia, found himself

unable to do his banking. roll that tape. >> i don't think it is part of the american way. i don't understand why this is happening. if you want to target the legal company target illegal companies and stop those companies. don't go and talk gets specific industry. stuart: my comments -- judge napolitano: why did you have to spell that word? stuart: yes you do. is this legit constitutionally for the government to pressure companies to put those guys out of business? judge napolitano: the government has been doing this for years. look what they have done to the tobacco industry with respect to requiring the tobacco industry to advertise to its customers that the product will harm them. stuart: i can make the case. judge napolitano: tobacco is caught up in this but this is purely political. this is purely the government

making a moral judgment. the executive branch of the government called not the legislative. the difference is profound. that because we morally object to what you do, guns, ammunition hookup, bars and certain tobacco processors we are going to pressure your banks which we regulate to make your ability to borrow money so expensive you go out of business. if the government wants to do that it would be necessary for the congress to rewrite the laws and most of those laws would be unconstitutional because these businesses in and of themselves are perfectly lawful consistent with the constitution they run against the political strain of this administration. the same things they did with the irs where they used lawful authority to twist and push and try to get people of business. stuart: you are the constitutional expert. i am the guy who looks at the money the economy and the legitimacy of government power.

in this instance i think it is bullion from the government to achieve aims which it cannot achieve through the legislative process. judge napolitano: para two constitutional issues. the executive branch making its own rules that only congress can make. the other is a violation of equal protection. it doesn't treat all businesses equally. it takes those it morally dislikes forces the law with such rigor and vigor and pressure and put them out of business. who is the government to do that. stuart: has there been a time in america's history where there was constitutionally strict good government? judge napolitano: in the administration of president thomas jefferson. stuart: that is it? that doesn't say much for your argument. judge napolitano: my argument goes along with an english meant by the name of lord acton that power corrupts and absolute

power corrupts absolutely. the more power you give the government the more it will grass and the more it will exercise. stuart: my problem is that if this kind of unconstitutional act has been going on for so long and it is very prevalent today but nothing is done about it, the point always becomes irrelevant. and jeannette good argument. is known as amending the constitution by consent. when one branch of government, you're the executive branch get away with all kinds of lawless action and the congress lincoln does nothing or courts wink and do nothing is basically a -- amending the power of the presidency by the consent of the of the two branches. who suffers? we suffer by our loss of liberty. stuart: the answer is politics not the courts for the law. judge napolitano: the answer is to repose the constitution into the hands of people who believe that it means what it says. an argument -- that senator ted cruz made yesterday.

he really believes along with senator rand paul that the constitution means what it says and he will make that case whether he wins the republican nomination or not he will make that case. stuart: that voice is being heard. it may not win may not be nominated but the voice is heard. judge napolitano: is third with a texas accent. occasionally even with a london school of economics accent. how do you spell hooker? "imus in the morning" when you announced your presence early. judge napolitano: you love when i do that. pretends to hate it. stuart: appreciate it. actress angelina jolie undergoing another preventive surgery to cut her risk of cancer. is something everyone should consider. we will discuss it. after the break hillary clinton joking about the e-mail scandal with reporters. has the clinton machine succeeded again and made it all move on everybody? >> i believe in transparency. i believe in taking

responsibility. and i have done so. what difference at this point does it make?

nicole: i am nicole petallides with your fox business brief. we have had some back-and-forth action, the dow jones industrial average up 15 points again 18,131, the s&p 501.5% the nasdaq up 18 points, the nasdaq is the best of the tweet, and

we're taking a close look this particular stock we are watching closely after the german aircraft crashed and 150 are feared dead. stock is down 2% down over 4% taking a look at our airlines at home. a mixed bag united continental with barrows coming off of the lows of the day. american down 1% but as i noted they have come of of the lows of the day and we are watching new home sales which exceeded expectations. but they're moving into the green and netflix gets positive comments. that is the winner today.

stuart: we have a new seven year high for new-home sales, look at home depot and lows, what is so funny, hillary? she took time to make a few wisecracks about the e-mail scandal when delivering a keynote speech. listen to if this. >> i am all about new beginnings. a new grandchild. another new hair style. a new e-mail like hell. stuart: kind of funny. what is this about? >> you use humor to deflect and that is her way of acknowledging two things. one is the e-mail but the other

thing is she is not a new beginning so she's making fun of both because both of those she is really identified as the issues. i am sure she and her advisers are talking about you are not new and we have this e-mail problem so deflected with humor. stuart: laugh about it move on and pretty soon it is -- >> diminishes. luann going after her because she is hillary clinton. angelina jolie has had her colombian to send ovaries removed as a preventive measure against cancer. two years ago she had a double mastectomy. the doctor is in. dr. mark siegel joining us now. angelina jolie's mother died from cancer and i believe other relatives have also had cancer and died from it. >> she is making an intelligent police. the reason is because 10% for

breast cancers our genetic and large predominance of ovarian cancer as well. the gene which is the breast cancer early onset gene is actually protecting us -- women against cancer. when it mutate and changes it is no longer protecting the sell. the cell goes haywire and you get breast cancer. fiesta made a risk of breast cancer was 87% and the risk of ovarian cancer was 50% and they keep increasing over the age of 40. she is now 49. yes making an intelligent choice. it can be done in a way that is much better than it used to be through a scope inserted into her belly button. they remove the ovaries and leave in the uterus. she has to go on hormones after is that. stuart: she is advising other women to do the same thing as a preventive measure. i presume she is saying do this if you have the same risk factors and i have got. do you approve of that? >> i read that differently.

what she's doing and she is doing something incredible because after she has a mastectomy in britain the following year there was a study that showed you had twice as many women going to breast cancer clinics. this is what she is saying. get checked get screen, see if you have the gene. i can check it in my office to anyone who comes to me who has a family history. get check. if you have the problem then consider maybe having a mastectomy maybe having the ovaries removed. this is choice. power is knowledge is what she says. i completely agree we want to know if you have a risk of cancer and we want to make a decision with you about something should be done. stuart: just as the side or question. the elective surgery, i take it? is that covered by insurance? mess down like a strange question but is this kind of risk prevention affordable by most people? >> excellent question. it is elective surgery. it would be debatable. some insurances will cover this, some will not. you have to make sure you have

an insurance the does. it is not under obamacare of this would be covered, he is not 100%. stuart: if it is not covered we're talking tens of thousands of dollars. >> absolutely. you have to find a clinic or somebody who will do it for less but if you can document this risk, most insurances will cover. what about women with other risk? the other thing that is happening is cutting edge. we are getting into the part where we are using genetic to say who is at risk and what can we do? that is the future of the cutting edge of medicine regularly to the one back to the test that you can do in your office, you can find the gene. if somebody has got even find it. a simple test? >> a blood test. diane internist the two combined give you 10% of all breast cancers. that is how much it is. stuart: i hate to say that simple but it is that easy. it is done in your office.

a perk of blood, look for that and there we go. >> i am not telling all women tab this test. all women with the history of early onset breast cancer your relatives got breast cancer early, they shall all have this test. stuart: that is valuable information. we appreciate it. zoo lily, we call it the amazon for mothers often criticized because they take too long to deliver the product. they are doing something about it. find out what they are doing and if it will work and that will be next. ♪ at mfs, we believe in the power of active management. every day, our teams collaborate around the world to actively uncover, discuss and debate investment opportunities.

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stuart: look at zoo lily. this is the stock the company recall amazon for moms. it will change the way they do business beating the delivery of your order. we -- this is a good one, that stock is down, 75% over the past year. here is christine l. boren, a tech analyst at matchable.

their problem is is it takes weeks to get your order and they try to change that. what are they doing? >> it takes weeks to get an order and at that point it will take two weeks to get something i will never order from again. for once and that is it. what they will try to do is copy amazon's models so they will go to smaller companies and say rather than be shipping this stuff when we order and shipping it to customers why don't we hold on to your inventory in our warehouses and when customers or we can send it directly to them. stuart: so they will say to the panthers guys for example come conover, give me a truckload put it in my warehouse but don't charge us for it until we send it out. free inventory cost, no cost inventory. >> that is what they're trying to do and for smaller companies it might work especially since even though their stock is down a lot, revenues were up 73% $1.2 billion in revenue last year so for a smaller company,

they can say we get a better chance of getting this through. stuart: gross revenues of $1 billion. $1.2 billion, all that serious money. if you are a delivery service if you are an online seller you have got to get it to the customer really fast. >> they have warehouses all over the place they do what they're trying to copy tons of third parties will support their stuff on amazon warehouses for free and amazon only pays for it once it is shipped. >> if i want the stuffis selling i go to amazon and get free shipping a file a prime member and get it tomorrow morning. i am not sure how they can compete with that unless they are selling stuff you can't get at amazon. >> they're getting really good deals on things, buying things

in ball can selling at a price for that might be 20% less than it would be at amazon. it is hard to compete. stuart: my oldest daughter is expecting twins in may. which is it? >> make sure you put your order in two weeks ahead of time before they are expected to arrive. stuart: the delivery date is supposed to be middle of may. thank you for joining us. we always appreciate it. thank you very much. quick check on the dow. we have not paid much attention to the market because lots of other stuff going on. frankly there isn't much movement in stock prices. we're 14 points putting us at 18,130. not much moves in the price of gold or the price of oil or the price of gasoline. this is not a day when we spent a lot of time talking about a market. >> we have been bouncing around same numbers for quite some

time. it is like okay, we are 18,000 give or take a few numbers. stuart: look what we have got for the audience. the middle east chaotic iran appears to be winning. we america appear to be in retreat. look who is here, colonel alan west. top of the hour. plus we have john capper on what a mandated minimum wage like seattle's does to restaurant laura baugh. we also have the latest on a plane crash in the french alps. our two is two minutes away.

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all contact was lost. air-traffic control in france, and soon after the plane was discovered debris from the plane was discovered in the french alps 65 miles northeast of nice. there are no survivors in this crash. 140 people on board. 140 passengers, pilots and crew. what went wrong? why did this plane descend from 38,000 feet it did that in eight minutes. in a perfectly straight line and pilots made no contact and did not respond to any calls from air traffic controllers. the plane was given a maintenance check a major, major maintenance check of 2013. as for the pilot, ten years of

experience, german wings low-budget carrier that lufthansa owns the pilot has 6,000 miles of time. no contact, disappeared on the radar. it could take several days because the area in which the plane went down is extremely remote. and now this, israel, in order to find out what was going on in the secret talks in about an iranian new. these 3d briefed members of congress kept in the dark. and benjamin netanyahu, in the same speech told the american people what our leaders were up 2. told the truth he would allow the iranians to get a bomb.

president obama is furious, he didn't want congress or the american people to pass judgment on the deal before it was completed and signed. he wanted cart blanche to secure his legacy. wanted secrecy. thank you you have done the civilized world a huge favor. without your spying, we would know what our leaders were up to. we would know that they would think about letting the mullahs get a new college we would know they had been allowed to keep the nuclear industry with 6,000 centrifuges merrill the spinning away. look where we are now. iran dominates iraq and its oil. pro iranian forces run the anti-terrorist operation out of yemen threatening saudi arabia and its oil and our president wanted to accommodate their desire to cap it off with the nuke. i say thank you benjamin netanyahu. you can't let president obama negotiate your future's existence. we shouldn't let him secretly

negotiating madcaps future either. joining us now. lieutenant colonel alan west, former florida congressman, ceo of the national center for policy analysis and fox news contributor. i said thank you, benjamin netanyahu, thank you for opening things up for us. >> you are spot on with your assessment a is very disconcerting that you had the white house chief of staff come out and say we need to go back and look at these 50 years of israeli occupation and do something different. there has never been an administration that is treated israel this way and spoken publicly is this way about that relationship. stuart: iec president obama tilting away from israel towards iran. you see the same? >> at lee wright. don: what are the implications? >> the implications are huge.

he covers to something she's will instead of wills clothing like mahmoud ahmadinejad. iran is controlling a rude and lebanon. guess who is in tikrit, iraq, the militia in control of baghdad. we are turning over the middle east to iran in every way shape or form. we have four americans being held hostage. first thing we should have said is you will release the americans, and for the president to say, if congress were to bring sanctions against iran to his desk he would veto it. for him to say if congress were to vote they want to be able to approve this, quote deal, that he would veto it. he is looking to go to the

united nations. this is the major shift of american policy in the middle east. stuart: why is he doing it? >> you have to ask him. it makes no sense. it is of great concern what this will set up for the united states of america and the middle east. saudi arabia is concerned about this and there have been talking between them and the pakistani about guess what -- stuart: buying the bomb. >> they have that capability. >> no with the race that is going on in the middle east is to is going to be the dominant hegemonic power in the muslim world. saudi arabia is the historic power because they have mecca the holy sites turkey wants to come back because they stuart: the last great caliphate. the ottoman empire but the new get on the block is the iranians. the interesting thing is they are portia not see any. egypt they don't want . egypt they don't want to see

that happen. does he have in the white house? the and your of cutter where the leader of hamas stays and you also have him embracing iran. stuart: extraordinary situation. what the president. >> it will affect our markets. stuart: i don't think he has told us. >> he has not been open and transparent. stuart: what do you think it does to the markets? >> when you look at major joke points, the strait of hormuz, the sinai transit point of goods and services the straits between yemen and somalia. if all of a sudden you have a collusion between a terrorist groups there's another choke point and that is what you see happening. stuart: why don't we get some oil on our own territory? >> we have a right here, the keystone pipeline we won't do it. stuart: alan was always a pleasure. you can come back again. to the markets. not that much going on.

gas down a little bit holding steady for couple weeks $2.41 is the national average and now is this. seattle restaurants are warning the city's minimum-wage hike, a to $15 an hour by 2019 could soon force them to cut back their staff and raise prices. look who's here. charles payne is back. this is near and dear to your own heart isn't it? charles: it really is because this is one of the biggest farce out there higher minimum wage thing, one of the biggest farces out there and i find it interesting places like seattle which is a boom town, they talk about this because it really has limited impact on almost everyone except a very small business owner and the people at a longest part of the economic front. already this year we have seen headline after headline from

seattle restaurants are closing or they are moving. i do want to let the audience knows something historically the last three minimum-wage hikes, 2007-2008-2009 2007 130 million people were working a year later 137 million people they've raised the minimum wage again, a year later 130 million people so they raise the minimum wage again. the point is the last three times we have raised the minimum wage in this country our employment and from 130 million to 38 million to 130, 8 million people out of work over a three year period. guess who those people work not the people at the top of the economic ladder. stuart: the people who will not get a job because minimum-wage is going up they will never know why they didn't get a job. they will never know. charles: it will be someone's fault, some nefarious gop person's fault but the average person won't connect the dots. some people might. to fireworks in a restaurant and

we have 51 employees or 55 employees and all of a sudden we have 45 half of them part-time we know what happened we saw what happened, we saw -- stuart: being greedy. charles: some people are smart enough not to do that but bottom line is forgetting about the blame game this has consequences. do they say it is going to help actually destroys. stuart: charles payne is back and with us for the hour. here is what we have for the rest of the hour. israel spying on talks between the u.s. iran, gave the info to lawmakers. i am saying that is a good thing. will lou dobbs agree with me? he is on the show later. fox and friends host brian kilmeade we get his take on the nfl plan to stream a game on line. time for sports fans to cut the cable court. also later the hands up don't shoot protest turns out that is not what happened michael brown ferguson shooting. now the mainstream media is finally admitting it.

coming up after the break the plan to raise the minimum wage $15 an hour. will that have a major impact on workers who depend on tips for a living in seattle. our rescue's john capcy next. ♪ is it the insightful strategies and analytical capabilities that make edward jones one of the biggest financial services firms in the country? or is it 13,000 financial advisors who take the time to say thank you? 'night jim.

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stuart: you have stock in home building, you are probably happy, in nice hop. new home sales rose to a seven year high. up go the home builders. lynne new york times joining the washington post in saying the hands up don't shoot phrase was not true. it did not happen in ferguson. will the mainstream media follow this? charles payne is here. that is the mainstream media saying the hands of show it -- don't shoot thing. that is the establishment media. they are turning. charles: there are certain people within the establishment media who are turning and i got to tell you i got to applaud them because they are taking

extraordinary amount of heat from the mainstream media and within the black community. i would like to know when is al sharpton going to stand up, when is president obama going to say something about this? this is a narrative that becomes folklore within a community. if only one or two journalists at the washington post or somewhere else if i were in ferguson and don't know about the washington post and never hear about this. for me if i lived in most black communities in america don't know about these one or two or three journalists who say i got to be honest about this, i never hear about this, all i know is the folklore i am being victimized and hunted down by the police, hands of don't shoot is the narrative of the day. stuart: it is false. a movement to build on a lie essentially. whipped up by -- of i use the word agitators' that is totally wrong. charles: they were agitators'. we have seen the reports same reports paint a bad picture as a place for black people with

respect to the police. was a powder keg. what sent it off once misinterpreted but misinterpreted deliberately by the powers that be. there were agitator's. we cannot give the rev. al sharpton a free ride on this. we can't give president obama if we ride. they have a certain amount of time particularly the president of the united states to say be on the department of justice report that exonerated everyone i want to say once again this particular part of the story was wrong. he should say it. stuart: thank you. i want to get back to seattle's much higher minimum wage, the big increase because this is having all kinds of fallout. restaurants now saying some are likely to cut staff and to raise prices and it could mean really big problems for wait staff who make their money off of tips. consider this. is a restaurant is paying the wait staff $15 an hour what is to stop the management from taking their tips to cover the

increase in wages? could happen. come on in john casper host of the hit show bar rescue. i was in the restaurant business when i came to america and i have worked in restaurants where you didn't get the tips. they went to management for all kinds of reasons. that is what happened and i didn't like it but i can see this happening in a place like seattle if you get paid $15 an hour. what say you? >> i had a similar business. kranick negative 4% labor costs because i charge 18% service fee and paid by employees $9 an hour. i profited on their actual labor. so yes. there are models restaurants are going to look at the do things like that. the sad thing is many tipped employees in better restaurants will run 16, 18 $20 an hour. this new situation will cause them to learn in some cases less but more importantly restaurants run about a 30% food costs 30%

administrative and other costs and the 36% labor costs now, that only leaves us 4% margin. where do these dollars come from? they will be passed to the customer and employee. those are the two that will pay for it. stuart: is that accurate? in all the bars and restaurants you have been inside of the financial workings is the 4% net profit margin. that is it because that is extremely slim. >> it is tight. a great restaurant can get up to 8% 12%, never more than that. you get the food costs lower smaller stakes, smaller portions, higher prices, lower quality specification of product. this will impact the guest experience hugely but in the end the employee is going to pay as much as the customer. stuart: what about the idea of automated ordering. i have seen this in some restaurants already. represented with the tablets and ipad tablet essentially and you order off of the tablets and go

to the kitchen and some much more lower paid worker brings the food to your table not a way around all, an errant person from the kitchen to you. i could see this happening. >> it is starting to happen already invested restaurants, burgers will be cooked by robots as well. we are going to see a massive shift of human labor trying to save labor in dollar increments. every hour i save protect my profitability. i have to attack those hours now. stuart: you want to see your weight staff and everyone else in the restaurant earned good money. that is what you want, but do you believe the best way to get there is legislation from the local city council? is that the way to go? >> that is not the way to go. free market is the way to go. abraham lincoln said you want to take care of the employees, protect the employer. where did that philosophy go. stuart: where is your next show? got to tell us.

>> sunday night at 9:00 on spy, bar rescue. stuart: i do watch frequently even at 9:00 on sunday night i am tuning in. good man and great guest on the show. jeff flock on the sinking price of sugar. jeff flock is at a gummy bear factory. never know what he is going to do.

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stuart: investment firm fdr, never heard of them. fbi cut its estimate and price targets of offshore drillers and look at them go down, diamond, noble, the biggest losers in the s&p 500 right now. they're down 30%. does that mean the candy makers have big bucks? jeff flock wait for it, is that a gummy bear factory in indiana. is that a factory? are they raking in big dollars?

>> they are raking the gummy bears at the moment. this is the dummy bear polishing drum. i ask stephanie albany the question. if you look of love prices of sugar it is weighed down that you not allowed to buy sugar on the open market because it is controlling. >> you are only allowed to buy on u.s. prices. right now we are at $0.10 higher. it was so much as doubled. >> and sugar manufacturers' as they make $1.7 billion. 1.7 million of these a day and they taste pretty good. stuart: that is very interesting. this might be a jokey segment. the idea that american candymakers cannot go out on the

open market, the free-market and get a 30% price that is new, i didn't know it. >> that has driven a lot of them out of business. it has not been good for you as candymakers. stuart: i thought you might do that. we use to sing dances with wolves and things like that so to news when he was going to be turned out totally different subject, no movement on the markets. let's get into this one. israel was spying on talks between the u.s. and iran. they found out what president obama was planning to do and so they told our lawmakers. what does lou dobbs think of that? tonight there is another edition of strange inheritance with jamie colby. hit show starts at 9:00 eastern. how lot map of texas turned out to be big money. >> thanksgiving dinner literally between the gravy bowl and the turkey you bring the map out and put it on the table this cable.

>> that is true. it was the end of dinner so it was mostly messy plates and that probably made it worse. as far as danger to the map. at the time its value was the july it would give you looking at the thing.

♪ stuart: we have an update for you on the plane crashed in the west alps. the plane was coming from our solo not spain. french aviation officials say that there was no distress call from the plane computer or the pilots. that makes it in even bigger mystery. security officials say that there is so far no link to terror. rescue workers are on scene. it is a really rough terrain. they say there were no survivors. among the passengers, two babies and 16 schoolchildren. we will bring you more information as it comes in, of course. nuclear talks between the united

states and iran. lou dobbs is here. i said hang q mr. nine yahoo! for doing what you did. i approve. and you? >> i could not agree with you more with the latter part of that statement. it is beyond -- as we look at these six years the man keeps everything an extremely close secretive ways. i do not give netanyahu much credit. it would be derelict not to be spying. the representatives of china and

russia and iran. united the united states, france great britain out of it. not paying attention to every word being uttered by china's representatives. iran might as well close their door and call it a day. stuart: he was absolutely right. >> absolutely. stuart: i think he was entirely right. >> i think that he was entirely right on this basis. he has an obligation to spy on those that are at it against israel. what about them sharing that information, though, with congress? >> that is what i said at the on

set. >> you are dealing with a nation that is the greatest sponsor of terror. they have networks on five continents. many of the nations involved in that negotiation. we have to rely on france. this is an upside down administration that is close to slipping into a did. stuart: i think he has tilted to iran and tilted away from egypt saudi arabia and israel. i do not know why he has done in. >> we do not even know what that counsel is that he is receiving. we do know that they were unlike lapdogs chasing tails to do whatever his bidding.

every single foreign-policy of this presidency has been a disaster. not a failure a disaster. stuart: where are we going from here? there is 18 months of this left. we can hope that there is sufficient integrity and strength of character in the congress and senate to stop this nonsense. stuart: we do not hear it very often. >> we are not even including congress and on this. putting the backhand of the congress. looking at the laws of unintended consequences. they will be punishing to this

presidency. stuart: thank you. later this afternoon live coverage of president obama's news conference with the president of afghanistan. that is 2:20 p.m. today on this network. 2016 malibu. a new feature to keep teens so we here safe behind the wheel. they can set the volume limit on the stereo. even send reports to parents about how the team is driving. joining us from detroit. a safety engineer for the chevy malibu. good to have you with us. >> thank you for having me. stuart: did consumers demand this? did they want this? or did you say we can do this so

we will offer it. >> there is always an ongoing expect patient to make our vehicles safer and offer more technologies and innovation. a big driver of this is according to the cdc motor vehicle crashes are the number one death in teens. a technology that could help address some of the factors. stuart: are you absolutely sure that 18 is safer driving and one of these cars if the parents are in control of the speed and stereo and they get a report card. does that absolutely keep the teenager safer? >> they do not limit it. they are able to set the speed warning. alert the team that they have exceeded the speed that the

parent has set. it automatically turns on active safety features. that is extra safety features that could help a teenager avoid a crash. it encourages teenagers to wear their seatbelts for me, i think that that is one of the most important aspects of gene drivers. anything that we can do to encourage seatbelt use in teenagers is extremely and portend. stuart: how about texting and driving. that merely is an unsafe track this. can it do anything about that? >> distracted driving texting and driving is a really big issue for all drivers. especially teenagers.

we need to lead by example. stuart: hold on a second. >> we know that it is our responsibility. we know that it is dangerous. my question was can your car of the future do anything to stop it. >> the report card will collect information on certain hangs such as the number of collision events. stuart: does it give the parent information if that child has been texting while driving. >> it does not. some of the events in the report card can sometimes be an indication.

we do appreciate your input today. men and women remember things differently. we will have the full forecast in a moment. the nfl's plan to stream games online for free. are you ready to cut the cable cord should mark. ♪ (trader vo) i search. i research. i dig. and dig some more. because, for me, the challenge of the search... is almost as exciting as the thrill of the find. (announcer) at scottrade, we share your passion for trading.

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nicole: i am the coal petallides with your fox business brief. 18,083. here are some of your dow movers. home depot united technologies and merck. none of the stocks moving more than 1%. maccormick hitting a new high. there profited revenue did meet

expectations. we are watching other poultry priced stocks. down 7.6%. this as the usda says this. ♪ 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. in new york state, we're reinventing how we do business so businesses can reinvent the world. from pharmaceuticals to 3d prototyping, biotech to clean energy. whether your business is moving, expanding or just getting started... only new york offers you zero taxes for 10 years with startup ny business incubators that partner companies with universities, and venture capital funding for high growth industries. see how new york can grow your business and create jobs. visit ny.gov/business stuart: how can two people,

husband and wife, have different memories of the exact same event. here is that you vent right here. >> women have a much greater recollection of things that happened in the past. there is a real sharp difference in opinion. they have a much more tighter -- remember two years ago when we were at the cabin and you did this and you did that -- me, personally i am like, what the heller you talking about. [laughter] >> it would be great to bring instant replay into life.

stuart: brian. >> absolutely. they do not see it our way. that means it is different. >> always assume the other person has could intend. >> they knew how i felt. i am not in touch with my emotions. stuart: every time we bring him on -- >> i did not get an introduction.

stuart: this is your subject. a major announcement from the nfl. no tv broadcast. a match in london, of all places. kill me -- i think a lot of them do not like the cable companies cutting that cord. >> you know how much they all are paid for that? >> they decide to back off. they back off. however, a lot of money. stuart: a long, long priced streaming.

it could prove to you. if you carry. we will not know what to watch anymore. we do not know if it will be on cable or cable company. >> twitter is breaking out the huge session. someone is going to get the business. something significant. a shift from the tv box to the internet. >> they did the simulcast thing on the super bowl. you could choose to watch it online. the network will be given out. that will affect revenue.

they will be watching over the air. i think it is very intriguing. whoever they pick google, there will be a push for that. how many will discover it for good or words. >> nothing about cable at the moment is, it is the home of live sports. they want it live. >> we were watching a division one lacrosse game that was being televised with college kids commentating. it was being played in south carolina. access to everybody. it is our ready happening. we take it in and we search for

it. you want to be on amazon, amazon has a regional series coming out. stuart: breaking news. french interior minister. the black box of the plane has been found. you open up that black oxen to know exactly what happened. okay. we will take a short break.

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stuart: french interior and the stairs says the black box has been found. a mystery of why there was no communication from the pilot or the onboard computer on the

plane. there was no mayday call. no distress call. when they open up that black box we will figure out what this mystery is really all about. then we have the tv commentator and democrat. comparing ted cruz to sarah palin. >> i am right. >> he is completely -- >> he is not sarah palin. please do not make me explain. >> he is good the header. that is what sarah palin was. we love the show. stuart: i am glad that charles payne is still here. >> of all people, give me a break. here is the bottom line. ted cruz, they can beat him up off a log.

you have got to be kidding me. to dismiss him out of hand just shows the ignorance and hatred towards the teeth hard he and all the other things he stands for. stuart: he is not a joke. the supreme court will decide whether a second mortgage can be wiped out in a bankruptcy. in a second mortgage that i hold is wiped out the lender loses it all. is that the way it is going to be? >> it depends stuart. anyone can get a home loan or a second mortgage. we will keep going up and up and up. a couple homeowners in florida that got second mortgages on their home from countrywide

which was later taken over by bank of america. the value of the homes collapsed and they declared bankruptcy. different interpretations of the bankruptcy code. the homeowners they own laws are totally worth it. bank of america says no. not in every circumstance can you eliminate a second mortgage. the banks may lose millions on the second mortgages that are still out there. it is hard to determine which way they maybe leaning. expecting a decision on this by june. stuart: thank you very much. we will have more varney after this. ♪ it's why edward jones is the big company that doesn't act that way.

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if you want to take care of the employees, protect the employer. where did that philosophy go? stuart: discussing the negative effects. here is what some of you had to say on our twitter page. after 36 years of marriage, what the definition of remembrance is. convenient forgetfulness and strategic recount. very good, elizabeth. joyce says this about israel. it is shameful that netanyahu had to inform us on what president obama should have included in his message. charles, thank you so much.

deirdre: thank you. we are following a development on the airbus. a crash in a remote area of the french alps. the black box has been found. the jetliner did not issue a distress call during its rapid descent. the plane started to descend just one minute after reaching its cruising height. about 150 passengers and crew members were on board and are feared dead. adam schapiro tracking the story a former faa inspector. adam i would like to start with you first. >> let's recap what you just said. they had found the black