join me sunday morning. on the fox news channel special guests talk about one of the new jobs growth opportunities, the founder of code academy joining me this sunday. time for "varney and company". that will do it for "the opening bell". charles payne for stuart varney. you have a fantastic show. charles: stuart varney will be back monday but here is your big story. new evidence the plane crash in the alps showing the co-pilot was undergoing psychiatric treatment and possibly had problems in his personal life. to the middle east where yen and continues to unravel. iran flexing its muscle, telling saudi arabia to stop air strikes getting a huge concession from the united states in nuclear talks. harry reid not running for reelection and already calls for guess who? elizabeth warren to take his place as the top democrat in the senate and the market is running as the economy grows to 90% during the christmas quarter.

an end of a big week for your money. "varney and company" is about to begin. we have breaking right now. is longest gunman reportedly shoved their way into a hotel the capital of somalia. government officials may be trapped inside. the extremists reportedly stormed a hotel. witnesses heard a large explosion and gunfire as many as seven reported the killed. no claim yet of responsibility. this story is developing. we will bring it to you live as we get information in. we begin with the germanwings crash. investigators finding important clues about how the co-pilot ashley webster is here for the aisle, what is the latest on this? ashley: shocking development in this story but prosecutors have

conducted a search of andreas lubitz's apartment in dusseldorf and his parents's home further away and they found evidence that he was hiding an illness from lufthansa. prosecutors found toward medical notes, sick notes to cover the day he was flying. we don't know the exact nature of this illness. they won't divulge that information right now but they say was an existing illness and was being given appropriate medical treatment. the head of lufthansa said this sector through the cracks to fatal consequences. there are reports of veiled personal relationship was involved in this. the german news outlet reporting a girlfriend may have dumped him. a girlfriend possibly a fiancee may have precipitated this but we know this particular person going back to his flight training in 2008 had to break up that training because of quote burnout and depression.

they gave him a thorough examination that said he was cleared to fly. sandra: charles: there was an article about the germanwings pilot battling depression in 2009. people associated with them in 2008-2009 new about this. are to believe some co-worker, someone who worked with him at the airline. ashley: no complaints about him. he started flying as a co-pilot in summer of 2013 600 hours under his belt, not a huge amount been no complaint and no sign of major problems. charles: i got to tell you it is tough because we ask ourselves how can this be prevented? you can't prevent depressions. new safeguard the putting place. ashley: the protocol of having two people in the cockpit at all times they're going to the system but imagine if the pilot gets up and goes to the bathroom. another flight attendant comes

in and sits down in the sea, what is to stop the person that wants to commit suicide from taking out the flight attendant, locking the door and doing it anyway? there is no fail-safe in this system. the system putting place is to keep the terrorists out. it kept work colleague out in this case with fatal consequences. charles: you can't break down those doors from the outside. ashley: report said the captain was using an ax emergency acts to get through the door and could not. charles: coming up in a few minutes and aviation attorney families of these victims are lining up, obviously in line for a lot of money from this airline. how big of a slam dunk is this? it seems pretty clear a huge one. the airline will they even fight it? we will find out at 11:15 eastern time. the big news out of washington senate minority leader harry reid saying he won't run for reelection in 2016. here is a clip from a video he posted on its web site. take a listen.

>> cause us for the first time to have a little down time. i have had time to ponder and to think. we have to be more concerned about the country the senate, than us. as a result of that i am not going to run for reelection. charles: rich edson is here. there are already calls for elizabeth warren to take his leadership spot. rich: the progressive wing wants warrant or a similarly positioned candidate to surpass chuck schumer. strong ties to wall street. progressive group democracy for america rights, quote, if elizabeth warren doesn't run for president she should run for leader of the senate. the election for senate next democratic leader shouldn't be a slam dunk for any early front runner especially someone close to wall street, the wall street wing of the party is dying and the elizabeth warren wing is rising. jockeying to fill the top spot in the senate now begins except

it started years ago secondary read and democrat leadership is dick durbin, schumer is third with the best shot at capturing the leadership position. also when democratic leadership former budget committee chairman pat murray and senator elizabeth warren who serves in that role as liaison to progressive groups the same groups that want her to run for a position she doesn't seem interested in running for. charles: thanks a lot. congressman ed royce from california is with us. i like your reaction to harry reid saying he won't see reelection. >> i would just observe in the last congress we had a bill on sanctions against iran that have 400-20 out of the house, we passed into harry reid at senate, had 65 supporters for it and harry reid when not allow the bill to come up. along with many other pieces of legislation simply because he was taking direction from the president. he was not doing frankly in my

opinion what was called for in terms of security interests of the united states. i think it is time for him to stand down. charles: president obama really kind of brag about how few bills he has vetoed but they never hit his desk in the first place. you don't have to be like that if it doesn't get there. real quick on elizabeth warren, it seems her brand of ideology will have a major presence in the democratic platform come 2016. a lot of people trying to get her to run for president. maybe this will be a concession. would she be any better at getting things done? >> what we see is the hard left pushing things. this began with the election of president obama. we are at a point where the hard left is trying to dictate terms within the party. they think they control the democratic party. of elizabeth warren becomes the senate leader it is hard to figure out how we could move

forward with bipartisan legislation to fix some of the unintended consequences of what that have been passed the frankly have made it very very difficult to extend credit or do business in the united states. charles: a lot of small would-be business owners or homeowners are listening to you right now. i want to shift gears to the middle east. iran flexing its muscle demanding saudi arabia actually end there airstrikes in yemen and getting what appears to be a huge concession in nuclear talks. you're the chairman of the house foreign affairs committee. isn't that affect the week america, president obama we have empowered iran to act the way they're acting right now. >> in many ways. they're buzzing about it saying we controlled four arab capitals now. they are talking about controlling beirut and damascus and baghdad because frankly their militias are all over the ground and now yemen as well. their most recent action was

basically to threaten saudi arabia and as a consequence you see regional actors, jordan saudi arabia and others saying we won't allow you to take any more ground. we haven't seen leadership out of the united states low and down and debt for same time they have been able to basically. in this negotiation where even the president of france is speaking out and saying we have to have inspections. you have to have a verification system here. and yet the administration seems to be getting rolled on every aspect of this investigation. charles: france is the muscle in the room you know things are wrong. talk about iran being enabled but it feels the opposite that congress has been neutered to a certain degree. i understand the gop didn't have the numbers but since the november election of a lot of people have felt let down and with all due respect to your

party, hasn't stepped up. what is going on besides writing letters to iran, what can be done to turn this around? >> let me tell you what can be done and this is important. once you made these arguments out, like the last session where i lay out the arguments would give the ayatollah a choice between economic collapse for his regime and compromise on the nuclear program, we were even with the administration opposing it we were able to pass that out with a vote of 420. we have gary revolting that in the senate but we are now in a position where we can pass through the senate and even get to the two thirds for a veto override. we saw the ayatollah leave a chant of death to america. demanding an agreement where there's no verification the

inability of inspectors to see the nuclear program where they say thousands of pages of documents show he has used to develop a nuclear warhead to put on an icbm. congress is going to have to take action and override the administration. we may have to do that if we don't win in this negotiation. charles: this is the biggest moment in a long time. speaking of big moments. up 400 points no help from gdp it is up for 28 points. a disappointing forecast on the death list here. is pulling back. they are also getting hurt by the strong dollar but probably weaker demand for the playstation 4 and the council that has done in english and different story of blackberry, higher profit, topline sales disappointing but stocks for of

up and heading in. let's will get will huge rebound in the last few days, pulling back somewhat, geopolitical reason may be coming off the table a little bit still hovering around $50. to the top stories, lauren simonetti has that lines in case you missed it. >> facebook is working on a drone so big it has the wingspan of a jetliner, the widow of a football field and facebook wants to fly it over all parts of the world to beam access to the 5 billion people, the social network is not reaching out. test flights will begin this summer. we will show you facebook shares up 1/4%. the average tax refund this year, 2,000 a $90 and the irs says that money is going to tax filers. that number is down from 3500 reported earlier in the season so in all the irs is paying out $190 billion this year. tax day 19 days away.

the number 2 soda in the u.s. is pepsi. diet coke falls to third place the the reason it is nice people are buying more pepsi is because they're drinking less diet coke and shunning artificial sweeteners. beverage digest says the best selling soda coca-cola but soda sales overall fell for the tenth year in a row. you can see we had half a soda pop today pepsi shares up coca-cola shares down. charles: makes sense. as the exact opposite thanks a lot. more on a plane crash coming up as we learn more about this copilot and his personal problems how much will airlines have to pay the victims and families. we will ask aviation lawyer next. >> any time a person murders 149 people plus himself, that is a terrorist act.

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have an open and shut case given the evidence and what we have seen already. what do you say? >> the airline will be found liable for most of what went on. the only way they cannot be ended the montreal convention would be to show they had absolutely no part in it is a third party who did the entire thing and they were totally innocent. the burden of proof is on them. ashley: this montreal convention, never heard of it. >> international convention for international aviation lobby gyms made to set the damages airlines had to play. charles: everyone is talking about this should be in international set of standards with respect to private behavior. i had no idea there was already something set for compensation in case something went wrong. >> there is an international standard of by the behavior the international group that operates out of the united nations makes these rules. what is nice in the united states is we have the faa which goes above those rules. ashley: i got you. there are standards but there be lower our standards.

are we talking any announce yet? maybe it is a little tough. >> is there a cap on this? decamps are false caps. caps are $75,000 but that is not necessarily where it ends because manufacturing will coming to this. you can imagine personal injury lawyers looking at this end they will be shotgun effect looking at everybody. charles: hard to believe the airline would fight back. this is where you go straight to the insurance companies and see what do you have an urbane? we will take all except one but 0 one euro. the public relations aspect to this if they fight back against these families should be detrimental. >> certainly and probably to the master company lufthansa. but remember you have insurance companies, if it is a terrorist attack and they tied the gentleman to a terrorist attack then lloyd's of london is probably on the hook because that is to does it. charles: you were walking into the city and we tease the guess we had earlier in the week to settle with terrorism.

this is not what you'd traditionally called terrorism. other people who kill. from a legal point of view would it be homicide? would it be terrorism? could if even possibly be called that at this point? >> too early in the process to call it terrorism but i think it is homicide. we knew the intent of what he is going to do. sounds very cool and calm. >> were you surprised how quickly investigators came out with this theory? >> i was. a didn't surprise me this was a nefarious act. on tuesday when i started covering this it became a problem for me to find some other explanation because there were too many things that happened in sequence. one the voice recorder came out we had the evidence that confirmed what i think a lot of us were thinking. charles: what do you think from the legal obligation for everyone involved particularly the airlines and how they handle their pilots and their staff? i would think that would ratchet up a bit after this incident? >> with new information they

are undercutting some documents that he may not have been fit to fly on that day. all of that will figure into this. ashley: really appreciate it. charles: updating breaking news police and now say the islamic gunmen have taken over a hotel and the gunman reportedly shot their way into the hotel in somalia's capital. government officials may be trapped inside. witnesses reported hearing a large explosion and gunfire as many as seven reported the are did. no claims of responsibility just yet. we will keep you updated as the news develops. a huge fire and building collapse in new york city. the first cameras at the scene were not local news but the cellphones in your pocket. we will tell you about the apps that turns anyone with an iphone into an amateur news crew.

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charles: horrific scene in new york city. an explosion likely caused by a gas leak level the neighborhood collapsing two buildings and setting others on the fire rich: people were injured. four in critical condition this of the first pictures from the scenes where from smart phones and apps like periscope which let you streamed video live from the fund. clean morris texting a story fair on the scene with us. you had these apps on your phone. >> was acquired by twitter in january. they were a little later to the game. doing a live interactions, here is a look at your screen. the apple event lasted 32 weeks ago. the inside of the press room i will do a live meerkats streaming video and people who

are following you on twitter could ask questions, how light is the keyboard with a camera? you have this live interaction. charles: people can ask you. anybody on the internet or social media, how does it work? >> yet to be falling on twitter. it is not a plug for me but go to clayton morris there is the plug you can see the tweet that comes out. you have to be following the kellogg in live to my stream and is not anonymous. you can set up a fake twitter account but for instance right now i have got live periscope on my phone on the set right now with people interacting someone watching from israel on my phone. we could do for instance sports star, batting practice and live periscope. and my fans to jump in and ask questions. there is pain on my shoulder.

charles: would it be audio or tied in a question? >> type in a question live interaction on twitter but you saw this with the news and what happened in the building collapse and live video. pretty incredible future full video streaming. charles: nothing like this, feels like it had to be. there are certain -- talking about skype all little bit. >> you have to know your apps. >> other video services where you are posting and they were shot a few minutes earlier live youtube subscribe to your channel. think about it for advertising. they had taken over your phone. advertisers now have full attention on your phone, it can't be multitasking. they're fleeing gross. >> what is this internet thing?

here we are talking about this. charles: you mentioned that the break that twitter bought periscope. >> in january. this was a twitter apps that rolled out yesterday and surpassed meerkat for download. charles: twitter stock trying to break out big time. thanks very much. we have more information on the breaking news, a suicide bomber blew up a car outside the gates of the hotel. gunman stormed in the hotel is a popular spot for government officials. it was held inside and the gunman took control of the hotel house of god has taken responsibility. the number is expected to rise. the army charging bowe bergdahl with desertion.

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charles: bowe bergdahl charged with desertion and miss behavior before the enemy after his disappearance from his base in afghanistan in 2009. the administration still an apologetic for the swap the ended with the release of five taliban members three of whom tried to return to terror. lieutenant-colonel schaefer is with us. i got to tell you we are calling this another example of failure of the president's foreign policy. what do you say? >> absolutely. this is not only the wrong foreign-policy it is illegal. the way the president went about the trade not only jeopardize the lives of the current soldiers there by the fact of these guys are rock stars, was talking to a former pentagon high official who dealt directly in this and these guys are going

back victorious. when they get back to afghanistan they are going to be seen as basically the guys who didn't break and they will be meeting resistance. the president just announced a couple days ago we will be sustaining combat operations for two more years. this is as bad as it gets. as far as i am concerned, three of the guys as you alluded to have attended 3 contacted taliban, that is a violation of their peril and should land and back in guantanamo where this started. charles: what has made this a real tough incident for a lot of people was that there was this big pond and circumstance, big event held in a rose garden, the president lovingly hugging the parents of bowe bergdahl even though there were questions about his behavior and the men who might have lost their lives looking for hints. is one thing for the administration to say we believe in a certain policy and don't

want to be anyone behind but got out calculated at who we swap for but did they need to put on that sort of public display? >> no. drawing attention to it as i mentioned in the fox news editorial today bowe bergdahl became a pawn in a larger game of politics played by the president. i feel sorry for him in a way not i would any way support what he did. let's be clear the president had other options besides treating the five taliban. i know directly from conversations with people at the pentagon i personally was called in to consult on one of the options. the president had better options which did not require as giving up five taliban at a time we are still fighting the taliban. this is as bad as it gets and the president pleaded review detention to this issue and i got to tell you his staff knew exactly how bad the circumstances of bowe bergdahl's departure was long before they did the rose garden ceremony. charles: we really appreciate it. in the next hour we have the

sergeant who led bowe bergdahls platoon in afghanistan. you will join us at noon eastern. you have to see that. checking the big board, the dow is limping along if you will in part because let's face it our economy is a limit along. we grew at 2.2%, not very good. look at oil, down a little bit but hovering around $50 mark. gasoline and $2.42 up slightly overnight. wherever you are no plunge in oil just yet. this is where you might be. the cheapest gas in america is $1.84 in south carolina. tweet me. talk about a turnaround. popeye shares, an eye-popping up 344%. that took over as ceo of the company in not -- the fall of 2007. now she is the author of there to serve how to drive superior results by serving others and she joins us in studio. we talk about changing america

all the time, people on the show talk about it all the time, americans' eating healthier but i want to talk, not sure that was the key to your success. how you turned this restaurant around and get this performance is remarkable. >> there are three steps we put into play at pop eyes. we decided to change the destination to grow our company by 25% in sales, for representing private and 50% in market share. we set that goal in 2007 and we hit or exceeded every goal. charles: we all kind of thing that. my goal should have been 54 pounds lighter. how did you achieve those goals? >> we had very clear strategies, our roadmap to results and we decided to renovate our branch improve our diss experience make our franchise owners more money and if we did those three things we believed they would build more restaurants. charles: i know the people who

eat at pop eyes you have a cult following. consumer reports put out the top restaurant chains and you were number 2 in chicken barely below chick fil-a. this is a product people like. one thing to say you do these different things that can help tweak the performance of the company and the bottom line but nothing helps more than having a superior product. >> we have a superior product from an incredible place called louisiana. telling people about that has been accused part of the turnaround because we went on television with our spokesperson who tells our quality story in an amazing way. charles: ashley: charles mentioned chick fil-a. how much do you concentrate on the competition in relation to your own product? >> we really focus on making the best of our brand and our product innovation and that takes care of it. ashley: the look at what you doing? >> we always look at our competitors but we have so much to build on with our brains with the other thing is our franchise

owners are special business is all about creating a business model for them that succeeds and popeye is a tenet of our success being aligned with those donors and making great many and return. charles: let's talk about the book before you go dare to serve. what is the gist of the book? what will i learn from this will? >> the gist of the book is those people and serving others is week format type leadership's style. in fact serving others creates conditions for them to perform their best in the enterprise growth, we want to be one case study to tell that story. the first half of the book is how we did a turnaround second half of the book is if you would like to be a dare to serve leader what would you do? charles: i am pretty sure it will be a hit because the stock is a grand slam. i watching it pulling back a little bit last few days. you have a new shareholder. congratulations, appreciate it. another big weekend for college basketball, millions tuning in sweet 16 time. not one member of congress is pushing for the n.c.a.a. to

start paying these guys. we have a big star with us. check in now. for nba star says ralph sampson. we will see where he stands on this one after the break.

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nicole petallides with your fox business brief. stocks giving it a go. dow jones industrial average up 13 points, the s&p up 3 nasdaq composite closed to 15 oil pools back after a week of big gains. dow win is include home depot pfizer united health technologies among the leaders on the dow. the vix, the fear index falling back the airlines. many of the airline's been down this week about 5% 4%. jetblue southwest spirit airlines bouncing back, 2% delta up 2% the parent of germanwings showing a slight gain despite a weekly loss. game stop under a little fresher after they gave an out look that was worse than expected. much more "varney and company" coming up. [ male announcer ] legalzoom has helped start over 1 million businesses.

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charles: this is what you call a blowout win. kentucky beat west virginia 78-39 and this after west virginia made a bold prediction that this would end kentucky's and been season. kentucky actually doubles them up. more basketball news, legendary south carolina coast dean smith who recently passed away left something behind for his former

players, $200 to each player, so they could quote, in july a dinner out on him. the grand total was $36,000. ashley webster is here. another basketball story something -- ashley: something you learn in broadcast journalism. always assume the microphone is quote, hot, that it is on. politicians forget that some time but fast-forward, nigel hayes with the badges post-game press conference, able to cover this teammate, he thinks the mic is off and then realizes what he said could be heard by everyone what is even funnier is the reaction. take a listen. >> god, she is beautiful. did you hear that? okay, we will open up to questions. ashley: don't know if you heard that, he said gosh she's beautiful. the general consensus is he was

talking about a stenographer and he had this game, press conference with stenographers by using various long words trying to catch the now but this one he thought was particularly attractive and then realized the mic was on. charles: i loved that response. i had a couple -- i had to go see management. back to the n.c.a.a. tournament listen to congressman on paying student-athletes, quote, a lot of people are getting very rich on the back of the student athlete. isis the feeling people who aren't getting paid are the players. joining us is former nba star who not only says they shouldn't be paid the crowd funding is the way to do it. great to see you. crowd funding to the rescue. how does that work? >> student athlete is the key. depending how you define student athlete, you want to be a normal student so guys can usually get

some type of job in the summer but due to the regulations and time commitment they have in college sports, got to take summer school or get classes in or internships there has got to be at way to get these guys some type of statement of funding that will let me tell from after they get out of college so crowd funding may be the solution. charles: isn't there enough money in the pot already? why would you go outside a multi million dollar popped in the first place? >> due to the n.c.a.a. or whatever the powers that be are, give them something to be a normal student athlete and not just an athlete. charles: you said normal twice. big man on campus, no way to be yanked out of it for normal. when you with the baddest man on the planet at one point. some was normal to students and athletes.

they become your friends for the rest of your life. you got to -- college expand is really good. ashley: how can you ensure is equal for all the student-athletes? raising money for the kentucky king, easier than smaller scores how do you help the student athletes? >> one engine and as they call these days are going to the nba anyway, only ten guys a year. a lot more kids out there than those guys. charles: the biggest argument is these guys are already getting paid with a first-class education and this would ruin the sport there would be bidding wars. you hurt all of the objections. what do you say to these rebuttals? >> no one ever talks about the graduation rate. what are they graduating in? they will get a little class stay eligible and will they get their degree? probably not. when they finish basketball what happens? what will they do? no education to understand taxes

or anything else and i would get agents, i can paid for that, great. charles: what is the sat, 60% of all nba players filed for bankruptcy. it is a pretty ugly number. do you think with members of congress starting to weigh in on this public opinion starting to shift little bit that something will be done? these contracts are getting larger and larger and larger. it will be hard for the n.c.a.a. to continue to ignore it. >> $700 million or something like that that the n.c.a.a. makes on the tournament. there has got to be a creative way with congress getting involved and be a getting involved, come to the table and figure out. charles: tell us what you have been up to. >> hymen the telecom business. i like to give back to universities and kids for scholarships. that is my main thing every day, doing it for 15 years it has been pretty good, we will keep doing it. charles: superstar on the courts

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charles: john stossel says we are repeating our mistakes from the pass and another housing crash is coming as a result. look at this. john: how to put a value on a home. owning your own home can mean security, joyful moments with family. >> all this by $50,000 and then you have the bag. john: too that our government monkeys with that by subsidizing homes. >> our homeownership strategy will not cost the taxpayers one extra cent. john: how did that work out?

stuart: housing bubble burst. >> what we doing now? john: the same foolish thing. >> you don't have 20% to put down on that dream home. how about 3% down? charles: so much for being the good news guy on friday john stossel is here with us. you don't want people to get the american dream home ownership? john: it might be good news if you can put 3% down and borrow at today's low-interest rate locked in for 30 years guaranteed by the government but it is insane for taxpayers. a few years ago we had the bubble. why did we have the bubble? it was the greed of all these lending institutions but that is a constant banks are going to be all greedy. what enabled it were f h a and fannie and freddie buying these loans guaranteeing these loans. after the crash all right, we will go up to 5% down payments. it used to be 20%. even 5% is pretty low.

now they have crept back to free because we have to help everybody, we are fueling another bubble. charles: isn't it politicians? we had the bill clinton every president that i know has always brag about homeownership particularly that went up under when they were in office, the community reinvestment act, a lot of things either force banks to do certain things or seduce them into doing certain things. john: left lobbies for the community reinvestment act and the right lobbies for mortgage bankers and home builders. housing is good for america so the politicians get money from both sides and they keep it going. canada doesn't have any of this. canada has a higher homeownership rate and no blooms and busts in housing. charles: even with all of this housing market is coming back the way people thought it would. you think mainstream gets it?

government may be trying to seduce me into buying this house but i know better. i lost my home last time, my cousin lost their home last time, i am bringing down my personal debt and not taking the big. john: according to gallup no. when the market crashes investors stay away. professionals often get stuff she. gallup asks what is the best investment? people still say real-estate. charles: tonight stossel at 9:00 p.m. eastern on the fox business network. bowe bergdahl cleared of all charges. if he is he will receive a full va benefits for life, get an honorable discharge. his platoon leader in afghanistan is going to respond plus new evidence about the co-pilot and a crash in the swiss alps. questions for former flight attendant. would second person in the cockpit have been able to stop him? our two in two minutes.

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him he mr day. him him cer, him him that's what i'd like to do. him him him him him him him him him you know your dentures can move, unlike natural teeth. try fixodent plus true feel. the smooth formula helps keep dentures in place. it's free of flavors and colorants, for a closer feeling to natural teeth. fixodent. and forget it. >> new evidence on the german wings crash.

the copilot was being treated for an illness that he was hiding from his and lawyer. the german newspaper reporting that he may have recently gone through a breakup with his girlfriend. there was no suicide note. he killed all 150 people on board. investigators say he locked the more experienced captain out of the cockpit. the captain reportedly tried to break into the cop hit with an ax. joining me now former member.

>> would it have been a flight attendant? >> yes. that is what we do in the united states. look you never know what could have happened. a flight attendant did have two step. during a flight. it did not happen. flight attendants are very trained. you've learned the learn the aircraft. you learn about the throttle. you learn about the hydraulics. >> you could have reached in and helped. >> i would have yanked that guy out of the seat.

the harness is here. they twist on most of those aircraft. you do whatever it takes to save everyone else. i have been taking so much about the atmosphere. it is just so disheartening to me to think about the captain with that acts desperately trying to get in that top cockpit were. you think you will do whatever you can to save people. save this plane. that is exactly what was in this captain's mind. he never thought i will die it was, i am going to save everybody. it is so sad that he was not successful. do not take 140 people with you.

i still have a lot of great friends. you know what they are writing right now on facebook and twitter, they are saddened because it is a great job. you work your life to get those certifications. especially at the commercial level. to have this one german pilot soil everything. that is the unfortunate part. charles: i know you try your best to take heroic actions what can be done to help the female flight attendants, particularly be able to overpower a male pilot? >> there is an ax and most cockpit. you wrap whatever object you can to incapacitate that person.

if someone was threatening me in flight in the cabin i would use whatever was at my disposal. an oxygen bottle. you have to think. if your life is being rented and, you are trained to do what ever you can to incapacitate the threat. as we know from 9/11, it does not always work, but you try. charles: thanks a lot cheryl. very very heartbreaking. stocks slightly higher right now. 2.2% growth during the christmas quarter. speaking of that loyal selloff holding right around that $50 mark. dow chemicals that it would separate most of its flooring is this in cell it for $5 billion.

a positive tax bill. a move so far that investors like. both stocks are up. hitting a new high. we are following a breaking story. >> it is developing as i speak. suicide hombre blew up a car that was outside the gate of a hotel in somalia's capital. that is when gunmen stormed in. some of them are being held hostage in side. this is a photo of the hotel under normal circumstances. it is from their website. gunmen now under control. they have been behind similar attacks before. police say at least seven people have been killed in that number is of course, expect it to

rise. we will continue to update you as news develops. charles: more chaos in the middle east. involves iran flexing its muscle. >> iran is causing on saudi arabia to stop airstrikes in yemen. saudi arabia is not listening. egypt and saudi arabia both saying they will send in ground troops once those strikes are done. u.s. negotiators are caving in to demands that iran be forced at the outset of a nuclear deal. the obama administration has vowed. next tuesday. charles: thank you very much, lauren. now to bowe bergdahl. charged with distortion.

the obama administration swap him for five taliban members. right now we are joined by a sergeant. you were the leader of the squad in his platoon. what a you thinking about with this? >> definitely a step in the right direction. just another step in the process to finally see justice. have him stand up to what he did and be accountable for it. >> a lot of soldiers were very vocal about the fact that they felt he did desert and not only deserted his unit, but other

fellow soldiers that were searching for him several of them at least six were killed. is this the guy that gets a big giant wall for all of these dangerous terrorists. at that the time the administration was getting it completely wrong and you guys are being ignored? >> i still have no idea why they did the rose garden ceremony or why they did not acknowledge the questions about his desertion or anything like that. it seem like they kind of just tried to push everything under the rug. i do not know. just kind of a disgrace. it made me and everybody else mad. not just the six of us that spoke out initially all military members.

all sorts of things from all ages veterans all over the country that are outraged by it and want to see justice. charles: if he is found guilty by this court martial while that do a lot with the military? make people who have fought there, still fighting there feel like they are fighting for some rain? >> definitely. we are protect and the freedoms of america. i think anything other than a court-martial would be a disgrace to military servicemen and the american people. charles: thank you very much. we really appreciate your time and your service. >> thank you. charles: food stamps and other programs are actually good for entrepreneurship.

something tells me that her banking will not agree. meant to keep us safe or just the register? we will have the answer for you from a police chief later this hour. a permission slip for oreo cookies. we have a mom of two on that 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. which leads to better decisions for our clients. it's a uniquely collaborative approach

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charles: take a look at this. those are carnival cruise ships.

low cost. high demand. posting a big time profit. now this. a teacher sent home a permission slip for parents to sign so her kids could eat oreos during a lesson. golly. [laughter] charles: golly. you need to give permission. >> everyone is so focused on organic. in some schools you cannot even ring in a birthday cake. i was actually at the airport the other day and there was a general announcement, if you have any peanut products on you

you have to throw them out. >> we had to take all that peanut off of a flight because a person with allergies was coming on. charles: we did not even know what lieutenant was and now it is all of a sudden killing the planet. >> here we all are. listen for a lot of people, this is no laughing matter. if you look at the oreo ingredients, first of all i am not sure i can read any of them. i am not sure this is a food product. charles: they do say on the back of the page, the ingredients. you cannot even pronounce any of them. they taste good.

are we going a little too far? >> if one of my kids did have an allergy, i probably would feel this strongly. >> you know what, we are begins at home. we don't want our kids to eat that. >> all right. there is some overstepping, i agree. i can see as a parent, your child had a serious allergy. >> that is our post- show. >> there you go. >> you will be on tv. >> you do not want to miss it. risk and reward with deirdre bolton.

a $40 billion deal. some of the biggest that you know. we will talk about maxwell house, bill veto, kool-aid philadelphia cream cheese. nobody is allergic to any of that stuff. the founder of natural food company is with us now. josh we want to get to craft in a moment. i hope you are listening to our oreo story. is there a place in society for a kid that has an oreo? >> it reminded me a little bit of my childhood. the cookie just is not that that. it can have less sugar. it can still taste awesome. that is how we have to think differently about it.

moderation is how we do it. charles: okay. listen the country is moving towards healthier eating. that has been a big threat. personally i think that this merger is outside of america. how does this, ultimately, impact how we, as consumers eat. >> this is the whole point of the merger, i think. what is happening right now just is not working. you know, i commend them for going forward with it. they realize that we need new categories. it taste awesome. needs to affordable and accessible to people. a little less intensive to the

environment. they are bringing together the company with intentions to do that. these are big giants. the world is stimulated white innovation. i think it is a good thing that they are attempting to do it. >> certainly it has been struggling. my wife loves the product. >> we are rocking along. it will be in all the cafés along the country now. lots of universities. we just signed a big deal with a massive company. pretty much if you are going to work or a student you will be enjoying it. charles: you are shaking up the industry. thanks a lot. appreciate it.

anti-coal policies. we will take you to a coal plant and just show you how bad read this industry is hurting. ♪

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sixteen and is alert and want to

of the you on a developing story that we are following. fox news confirming that people have died. outside the gates of a popular hotel in somalia. the hotel seen here in better times is known as the spot where governor officials like together and where some are being held as hostages. they have been behind very similar attacks before. they want to overthrow the somalia backed government. president obama's war on coal. the coal industry has 76 bruce and of its value in just the past five years. jeff is this directly related to president obama's efforts? >> as a matter of fact, this is. they would happily take credit

for this. epa regulations much stricter and enforce this plan in 2012 to shut down because they could not continue operating. maybe it should have been torn down. this was built in 1929. a name from back in the 20s. this week, here is the rub on this. the legislature committee passed a bill that would require 70% of all power generated and eleanor to be non-carbon. one thing to shut down an old plan that probably should have been shut down, another to require that you use other forms of generation. >> jeff, thank you very much.

we are seeing electricity prices skyrocket. the argument that is being made. a new article in the atlantic. i am not buying it and her maintain is not either. two episodes of strange inheritance tonight. here is a sneak peek. ♪ ♪ >> okay. ♪ ♪

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six to check on the big board. i think that is it all. right now hanging around the fifth 2000 mark. still down $1.43 oil selling off today. the stock market losing steam. what is going on?

>> we have lots that is going on. the numbers we have seen over the last x weeks we are not seeing the numbers that we need to see. i have been doing it for 28 years. we raised rates when we were beginning to overseas. number two is this could be the first quarter and six years where we finished on the negative. that does not smell too good, if you ask me. charles: every single one of them have missed. it is kind of crazy at this point. >> that is the problem. how about this. we need to have some dumb power in case gains to not look good. it does not look good right now.

charles: do you like this new move by janet yellen? i will go the data and wall street and if you can't handle it too bad. >> that will not and well. slowly but surely, you can see the money start to push people's hands around, if you know what i mean. charles: welfare makes americans or america more entrepreneurial. it seems that expanding the availability of food stamps makes it less risky for entrepreneurs to strike out on their own. they could fall back on food stamps if their venture fails. her maintain is with us. your response.

>> quite pleased congress told why, but liars use numbers. if you try to draw a correlation with 1 barrel, that is about as reliable as pulling it out of the air. believe that were because of these food stamps or any other government program encourages entrepreneurship is complete idiotic. that is all i can say. the whole concept is simply idiotic. charles: i do not know how getting a bunch of free money will help. >> let's go to the next stop. the greatest leaders. president obama is not on the list. i will give you the top five. by the way to ferguson

protesters are also on the list. these are the greatest leaders in the world right now. >> president obama does not exhibit the leadership characteristics that some of those other people you mentioned do. a compelling vision. a compelling vision is one that is believable and achievable. good leaders are despite this. we have seen nothing but an indecisive president on some of the biggest issues we face. thirdly, trustworthiness. the president is pushing is relative to climate change. most americans do not buy the climate change narrative because the science does not match it. this president has lost the

trust of the majority of american people. we do not know what his vision is other than reacting to the latest challenge. >> so much time spent on spend control and damage control all the time. her men i want you to take a listen to this. "new york times" reporter has revealed that a group warned hillary to avoid using coded sexism with her reporting. >> i cannot wait to hear her men's reaction to this. polarizing calculating ambitious, inevitable, entitled, overconfident. the "new york times" reporter

not using big words to describe hillary. she went on to twitter. why are these sexist words? i am a woman and i am saying this. >> you do not owe why? charles: the reason they do not want those words to be used about hillary is because they are true. they are not sexist, they are true. people will not he intimidated. it reminds me of the silly reaction when tiger woods is joked about winning his verse match. we will have fried chicken. everyone whistles. so what. everybody that likes fried chicken likes fried chicken.

>> she went on in her twitter brand and said the word secretive and will do anything to win. i would think it that would be a great thing. yes, i will do anything to win. absolutely. >> it is not secretive to have your separate server. that is not secretive? all of those words are true of hillary clinton. >> you can add combative on there. a whole lot of words on there. five words without offending someone. >> they will outlaw half of the webster's dictionary. >> "new york times" under fire.

are they are we going to go through this the next two years? every time someone opens their mouth, they are against women? >> they will continue to push this issue. the american people are waking up. they are not that stupid, okay. charles: go ahead. >> coded sexism. coded sexism. again, to charles point why would you accuse a "new york times" reporter of this? >> it really is an act of desperation more than anything else. charles: thanks a lot. we will see you again real soon.

teenager driving accident involved being hit. speed limits, they really are not about keeping us safe. they are all about breaking in dough. we will get a police chase take on this after the break. ♪

♪ >> nicole petallides with your fox business brief. the dow is up. the s&p 500 gaining three. take a look at some of the biotech names. you can see some of these names bouncing back. you can also see deutsche bank's price target of $2140 from 90. dow chemicals that is a leader now. that is about a $5 billion deal. dow chemical up about 4%.

blackberry. there is a look at carnival right now. a of almost $3. ♪ and the ones who turn ideas into action. we've made our passions our life's work. we strive for the moments where we can say, "i did it!" ♪ ♪ we are entrepreneurs who started it all... with a signature. legalzoom has helped start over 1 million businesses, turning dreamers into business owners. and we're here to help start yours.

charles: we have more on that breaking story. at least for gun men have stormed that hotel in the somali capital. a suicide offer blew up a car at

the gate. fox news confirms that at least nine people are dead. and an end unknown number of people are being held as hostages inside. the terrorist group is taking responsibility. they have been behind similar attacks before. we will continue to up date you on this does as it develops. harry reid says that he will not run again in 2016. he has picked his successor. >> chuck schumer. the senator from illinois. it is still two democratic senators to choose their next leader. schumer, much like hillary clinton has deep ties and wall

street. charles: speaking in a progressive wing, it seems that elizabeth moran and will get something. when it's this still be her race to lose? >> it is pos now more challenging with greed backing schumer. war and has only been a senator for a couple of years. the results are a report out from the daily beast. if democrats capture the senate in the 2016 election, she could be running for a majorities leader role.

charles: perhaps reid would not be stepping down in the first place. >> that is possible or it could be that the editor harry reid is just ready to hang up the boxing gloves. charles: thanks a lot. we will talk to you later. 58% of all auto crashes that involved teenagers half of them are because they are distract his drivers. launching a new car that will keep you from speeding. joining us is police chief stephen. let's talk about the speed limit dating here for a moment. are they really designed to help us or not? >> i will be on this with you.

most of these municipalities set their speed limits artificially low. they are trying to base the speed limits on what 85% of the vehicles are traveling on the roadway with. charles: there is an intense mayoral runoff there. we have these speed traps and poor people are paying an extraordinary amount of their income to them and then the next day the american rid of a bunch of them. when do we start to draw the line? >> i cannot speak for most of these. our officers probably only write one out of 441 out of five people that we stop. looking for the people that are drunk driving or their drugs in

the car you name it speed is probably the furthest thing from our mind. we risk that. cheryl: i am curious about something that charles mentioned in the introduction here it distracted driving a teenagers. these cars are coming up with more and more technology and the car. that is even worse for teenagers. >> distracted driving is probably the leading cause of teen driving accidents. charles: you are very bold for

coming on and making a statement. are you trying to give out a message to men and women in uniform? >> one of the questions is will it reduce revenue for smaller units of polities? the answer is no. again, looking for the big picture. not looking at just the speeding infraction. charles: thank you very much. we appreciate your time. we hope you come back and see us again soon. jim jab. they make those funny custom videos. they have actually teamed up with facebook letting you send thousands of new animations to your friends. we will find out how it all works after this. ♪

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been talk about complicated. the obama administration supporting iran on air strike.

mr. obama insists on a nuclear deal. one that iran said will never be set out on paper. we have admiral with us tonight to sort all of this out. 7:00 p.m. and 11:00 p.m. eastern. please be with us. charles: jib jab has teamed up with facebook. it allows you to have stickers and him og's. they can be personalized with your face or your family or your friend. we have the ceo for us. this sounds like you will unleash this. you get there and you can just, it takes a whole old og game to a whole new level. >> that is exactly right. we are really excited.

it really let us give people content and tools that lets them express themselves in funny ways. it is a whole new front here and we are really excited about the opportunity. charles: they will be able to put together those videos? >> yeah. mostly what we are doing in messenger is much lighter weight. you can still get the full e cards primarily on the web within messaging and conversations, we think it is better to have light fast content. >> is there an app that i can make my video on demand transfer it to messenger?

>> basically when you are in a conversation on messenger there is a little button. when you click it, you can access it. select what you like with a tap or to drop that piece of content back into the message exchange. it is really lightweight and fast and easy. charles: what has the reception been so far? >> 600 million people is huge. the reaction has been great. we are only one day after mark zuckerberg's announcement and the numbers are looking great.

>> congratulations. you guys have been phenomenal throughout the year. cheryl: i am already on it. charles: more bodies after this. ♪

>> that more dependency on food stamps or any other government program encourages entrepreneurship, it's simply idiotic. that's all i can say. charles: yeah. >> the whole concept is simply idiotic. charles: that was one of our favorite guests, herman cain who says anyone who thinks food stamps encourage business is wrong. now here's what some of you had to say. vicki, on the teacher who asked students to sign permission slips so she can teach a lesson with oreos, the reason it's outrageous is they have every reason to be that cautious because people are too darn sue-happy in this country. it's not about allergies.

i could have told you that. [laughter] >> but i do love oreos. charles: so do i. i hope this is not a problem for anyone else. well, i think one isn't too bad. here's deirdre bolton, you say one's okay? deirdre: i say one's okay, even more, charles. thank you so much. risks for investors sending stocks to a loss for the week. we are tracking the global hot spots more you. facebook's plans to test solar-powered drones this summer, part of a larger plan to connect the world. and march madness is in full swing, we are covering the business of brackets for you. first, an update though on risk in the middle east. the region is in disarray at a level unusual even for that troubled region. saudi arabia mobilizing 150,000 troops to fight confirming its commitment to airstrikes versus a ground presence. "the wall street journal"'s simon constable with me now as