fox business family. look our executive producer scott friangi. ryan joseph franggie, welcome him to the world. including big brother mark. look how proud big brother mark looks. >> congratulations. maria: we love you, pete, jill. come back soon. >> what a bundle of joy. maria: that will do it for us. stuart with "varney & company." stuart: we second the congratulations to the friangi family. is donald trump sucking all the air out of politics? you may ask, now what? trump criticizes carly fiorina's appearance. carly smiles and dismisses comment. says she is rising in the polls. trump said he did say something about her appearance in jocular fashion, but he was really talking about her persona.

entertainment, personal drama still dominate the debate, not issues. we're on it. markets are down again when trading starts. china's top guy says there will be no hard landing. investors do not seem to believe him. apapproximately tries for big splash. new iphone, bigger ipad. investors not buying the hype. was tim cook really trying to juice up christmas sales? maybe the payoff comes later. there is al qaeda. it has a hit list of business personality, bill gates, warren buffett, koch brothers, bloomberg. "varney & company" is about to begin. ♪ the. stuart: let's start with the markets. right from the get-go this thursday morning we'll be down about 60, 70 points. 16,000, is the that bottom? good question. ashley is here.

>> we ask that question every day. stuart: we do, don't we? is it the bottom? >> one of these days it will be. stuart: let me show you apple. here is how it will open up this morning. around, virtually unchanged from yesterday's close. they have a whole new of new products. we will talk about them and describe them in a couple minutes. how about price of oil. i've been away for a week. it was 44 bucks when i left. not much change. here is the great story. i love this i was driving on my vacation. 236 is your national average as of today. that is down about nine cents from when i went away last thursday. >> drove your big ol' truck? stuart: no. drove my chrysler town and country. >> the one with the manuel windows. stuart: stop it right now. it is a fresh poll. came out from quinnepiac. shows bernie sanders with a slight lead in iowa over hillary clinton. sanders 41, hillary 40,

joe biden. 12. ashley, this is not new hampshire or neighboring state of vermont. this is iowa. >> this is iowa. he is seizing momentum right now and hillary is losing ground quickly. compare this to the july 2nd poll, the one prior to this where hillary clinton was in the lead over bernie sanders 52-33%. bernie sanders gaining 8%. hillary clinton down 12%. among men, sanders wins 49-28% in iowa. yep. stuart: in iowa, 49-28 among men in iowa? >> that's correct. stuart: telling. >> very telling. stuart: let's move on to donald trump, shall we? took direct aim at carly fiorina in "rolling stone" interview. here is the direct quote. look at that face. would anyone vote for that. can you imagine that the face of our next president. if that wasn't enough he went on to say this i mean, she's a woman, and i'm not supposed to say bad things, but really,

folks, come on, are we serious? carly fiorina responded to that on "the kelly file last night. roll that tape. >> i think those comments speak for themselves and all the many, many, thousands of voters out there helping me climb in the polls. yes, they're very serious. i'm not going to spend a single cycle wondering what donald trump means, but just maybe i'm getting under his skin a little bit because i am climbing in the polls. stuart: here is how donald trump responded to that on "fox & friends" just this morning. roll that tape. >> probably i did say something like that about carly. i'm talking about persona. i'm not talking about look. the fact is i probably did say that about carly or about something about in jocular manner, the persona. i say that look, about a lot of people. that is not our president. that is not going to be our president. stuart: hmmm. joining us now, republican strategist, susan dell persio. you saw that exchange. you saw the give-and-take here.

do you think it is possible finally trump bit off more than he can chew and fade from here? >> i don't think he will fade from this. this is going to the narrative of about donald trump. some things that people will find particularly offensive. what is interesting, less than a week, they will be on the debate stage together. this will be very interesting opportunity for carly fiorina to take a shot at trump. he may be left a little hamhocked on this one. stuart: this little 36 hour brouha, whatever you want to call it, that carly fiorina looks better with opportunity to go after donald trump in the next debate next week? >> next week. next wednesday. stuart: okay. >> could be very interesting time. he is already taking shots at ben carson. so he may be there too. could be very interesting display of fireworks. stuart: are you sure this is the not point where trump starts to fade? look, i agree with you. we said this before. he makes comment about mccain.

surely that is too much. he makes comments about mexicans. surely that is too much. now he make as comment about female competitor's appearance and i'm saying, surely enough, enough, enough. >> i don't think it will, what is interesting that was national poll. we've seen carly fiorina do much better in iowa and new hampshire. so i'm willing to speculate the next polls on these two states she will actually be doing well and may be attributed to that. i don't think it will be. just how you read the polls. stuart: that is very interesting. very interesting. what do you make on the other side of the coin here, the democrats in iowa where bernie sanders is now leading hillary in iowa of all places? >> that has to really scare the clinton folks. that is such bad news for them. they will counter saying, iowa you have to organize and you have to have people on the ground and we do. but this could be the potential free fall for her. this could really take her down a path where joe biden jumps in.

stuart: you're a republican strategist. are you happy this morning what is going on with carly fiorina and what is going on with clinton, on balance, are you happy? >> on balance actually i'm really not because both of these things don't take us where we really need to go especially for republican party. i don't like having donald trump out front. that doesn't make me feel comfortable. i don't think he will be best candidate for republicans to put up. stuart: i would like to hear more about jeb bush's growth plan. we'll not hear it with trump out there. thank you for being with us. >> thank you. stuart: back to the market, look at dow futures. let's see where we are. now we're down 50 points. we had been down over 100. still the element of volatility. i've been away for best part of a week. i was surprised how many people i met, said to me, when will we have a crash? are we going to have a crash? that is the question, ashley, to you. >> speaks of uncertainty and that fear factor. stuart: it is there all the time.

let's bring in market watcher brad mcmillan. brad, if i were to ask you the question today, are we going to have a crash you would say what? >> no, we're not going to have a crash. we're in an uncertain time. market is trying to digest a lot of news, a lot of changes. we might see more of a pullback but we will not have a crash. the conditions for a crash are not there, simple as that. stuart: when i say crash, that enormous drop all of a sudden and we stay down and we don't bounce back. you're ruling that out but what do you say to the proposition that we are down but we're going to hold at 16,000 as the floor? that is another question that has come to me frequently. what do you say about that? >> i think we're going to continue bouncing around. i think 16,000 as a floor is reasonable. we'll see pull-ups. ful-downs. might see it briefly. the economy is solid. the u.s. is continuing to grow. the fed continues to stimulate. the yield curve is positive. we don't see any of the

conditions for a crash. we may see more of a pull back. i wouldn't be surprised to see us down, another 10. that would be short-lived. stuart: at that would shock a lot of people. 10% down from here would be 1600 points down. that would shock a lot of people. brad, stay with us. we'll bring you back when the market opens. thank you very much. on the eve of the anniversary of 9/11, al qaeda magazine, yes they have one called, "inspire" of all things. it encouraging assassination of america's wealthy es people, warren buffett, michael bloomberg. question sis, how do they get off the list? >> get off the hit list, take money out of u.s. banks. invest your money outside of american soil and denounce support for israel. this is the second time if he

put out a list of billionaires. stuart: it is? >> yes it is. and their stated goal is to derail revival of american economy. stuart: just a way of gaining publicity, isn't it? >> it is but this magazine, the lone wolves read this for instruction or ideas. stuart: inspire? oh, lord. thanks, ashley. people are buzzing about apple after they unveiled their newest products. lauren simonetti is here in case you missed it. lauren you go through the products one by one. >> absolutely. let's go to the iphone 6s and 6s plus. they have 3d and touch to the fingerprint. 12 hour battery life. available for preorder starting on saturday. apple letting folks sign up for two-year contracts. in the process, this is cool, upgrade their phone every year or every two years, if they pay about $30 a month.

there is apple tv. talk to it, by remote control. it will -- tim cook calling apple tv the future of television. that is a question. it hate hits the market next month at 149 bucks. ipad pro, it is very expensive starts at 800 bucks. works with apple pencil, the stylus you bicep rattily. same exact tool that late steve jobs dissed, you remember this. >> what we'll do is get rid of all these buttons and just make a giant screen. a giant screen. [applause] now, how are we going to communicate this? we don't want to carry around a mouse, right? what are we going to do? a stylus, right? we'll use a stylus? no. [laughter]. no. who wants a stylus? you have to get them and put them away and lose them.

yuck. nobody wants a stylus. >> that was eight years ago. stuart: dear me. >> back to the future. stuart: look at it now. lauren, thank you very much indeed. tune in every morning 5:00 eastern. lauren and nicole join you at that time to get things rolling real early. california pass as right to die bill. sends it to governor brown's desk. here is the question for judge napolitano, do you really have a right to end your own life? the judge is next. at ally bank no branches equals great rates. it's a fact. kind of like shopping hungry equals overshopping.

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mmm hmm.i know the markets have taken a hit lately. just wanted to touch base. we came to manage over $800 billion in assets, through face time when you really need it. it's how edward jones makes sense of investing. stuart: oh dear, the european migration crisis is spreading north. danish police closed a motor way and rail links to germany preventing refugees going north to sweet way. 300 refugees walking on it like invading army. of the police also asked, state

owned railway operator, close all trains between germany and denmark until further notice. there is a problem and gets worse there. california state assembly approved right to die bill for patients. judge napolitano is here. do you have a right to die? >> that depends who you ask. stuart: i'm asking you. >> if you accept the traditional judeo-christian understanding of the natural law, our existence, freedom, and rights are gift of freedom from the almighty you don't have a right to die. if on other hand you believe human beings are the highest and best things in existence, then you believe they, we own our own bodies and which have the right to end them. the supreme court has never ruled on this supreme court ruled on opposite of this, which is that the states can prohibit suicide and prohibit doctors from assisting suicide. but the problem with the right

to die is not the case of a healthy person that is sick of life. it is the case of a person whose mental faculties are impaired and someone is making the decision for them. that is the danger. stuart: oh, no. there is more than that, judge. forgive me for interrupting your logical legal listic style argument here, great to be back with you. >> absolutely. also great to be disagreeing with you at the top. so relaxed for a couple weeks. stuart: stop it. what about the person who is lying on his or her, probably on their deathbed. >> that's what i'm talking about. stuart: they go on tore months and months and relatives are pressuring that poor person. come on, jack, why don't you just end it. you're eating into the estate. you're eating up our money. pull the plug why don't you? come on. >> pressure would come in the form of an application to the court saying this person is incapable of making the decision for themselves. and that's the danger. whether two doctors can make this decision for the person.

whether the person is mentally and emotionally capable of resisting the pressure. i don't know if california has thought these things through. they may really start a very, very dangerous domino effect of large numbers of people dying who do not wish to die. stuart: yes. who will represent them? who will represent their interests? nobody there. >> i mean how will a judge decide if a person who is incapable of expressing a thought or resisting the entreaties after relative should die or not? my inclination, like my personal inclination would be this is reprehensible. i don't own my own body. it's a gift to me from the creator. the -- via the natural process of my parents. stuart: exact opposite of your libertarian principles. >> not everybody believe that. libertarians like me who is traditionalist, latin mass, attending roman catholic. libertarians like our colleague john stossel who doesn't believe

in a supreme being. yet with respect to the role of government in our lives we share many common beliefs. stuart: i have to move on. stop it right now. will plead the fifth to the benghazi committee today. plead the fifth. no, i'm not answering any and all questions. what do you think about that? >> i think there will be pressure to give him immunity. stuart: if he was given immunity must answer all questions? >> correct. immunity is imposed not asked for. stuart: why doesn't the committee say give him immunity? >> they need 2/3. committee vote or house vote. the witness has no choice. the witness would have no fifth amendment right under those circumstance. stuart: i'm pleased to announce queen elizabeth is one day extra of longevity of her rein above all other monarchs. don't say anything. >> how am i today, phillip? stuart: i knew interest was coming.

i walked right into it. it was such a pleasure to have you back to be with you again. >> likewise. will i see you in a few hours or have you had enough of me? stuart: few hours from now you will be back. forget the controversy. cheating scandal. the nfl is huge money business. it will bring in $12 billion this year. the season kicks off tonight. ♪ i built my business with passion. but i keep it growing by making every dollar count. that's why i have the spark cash card from capital one. i earn unlimited 2% cash back on everything i buy for my studio. ♪ and that unlimited 2% cash back from spark means thousands of dollars each year going back into my business... that's huge for my bottom line. what's in your wallet?

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♪ stuart: said this just about every week during the off-season. the nfl is king. huge money-maker. brings in $12 billion this season. it starts tonight of course. ashley, doesn't matter what kind of publicity they get, bad or otherwise, they still watch the nfl. >> it is huge. a big gorilla in town in the room, big elephant, whatever you want to call it. it generates so much money, stuart. no sponsors are pulling out or even suggested with all the controversies with patriots going on. they have new deals with youtube, twitter. this is nfl. twitter, yahoo! 32 teams will get $226 million each from all the national media and sponsorship deals. the money keeps flowing in. stuart: do you think will ever start, downward flow because parents don't want their kids to play football? >> no. people watch football to be entertained.

when this stuff is going on, they tune it out. they don't want to know about the controversy. stuart: their teams, like politics, people want to be entertained. >> don't know what you mean there. stuart: not going there either. check futures market, please. this is, we're going to open down but not that much. what were we down yesterday. 200 points plus? we're at 16, 2. we're down maybe 50 points. we're on a wild ride lately. discuss it some more.

maria: ... ...

>> especially for the republican party, i don't like having donald trump out front. that doesn't make me feel comfortable because i don't think he will be the best candidate for the republicans to put out. stuart: see the thing at the bottom of the screen, don't forget? that was republican strategist at the top of this hour, don't forget, we start at 9:00 sharp. 9 eastern every day. got to be there. last look at the futures market before we start trading which will begin in approximately 50 seconds, 40 seconds, 16,200 is where we closed yesterday. we should be down 50 points from there. to commemorate and talk about the opening of the market, ashley webster, sandra smith, tom, and is that on the script.

the opening bell will ring in 15 seconds and we're expecting a loss of 50, maybe 60 points. where we close today is anybody's guess. the question that i'm asking everybody is 16,000, is that the bottom? is that the closing bottom of this market? well, we'll see. the trading day has begun. you hear that bang right there. kind of a bell. we're running and we're off seven points, nine points. the futures say we're going to go down. sandra: give it a minute, stu, come on! all the stocks aren't open yet. stuart: why do people want to watch a show that's going down and then it's going up. sandra: because you don't tell them that, futures don't translate to exactly where we were going to open. stuart: there we go. ashley: the varney effect. stuart: do not say that. brad mcmillan, i want you to come in on this one. why have stocks in the last two

weeks of august and first two weeks of september, why all over the place? why now? >> well, we've got a lot of uncertainty coming into the market. we have a lot of people on vacation, which is a big part of it. but most of all, technically, we're gone into uncharted territory. we've broke and resistance level and the market doesn't have a direction. sandra: he didn't get the buzzer. stuart: didn't get the buzzer, the technical level. [buzzer] >> what we're waiting for is that everybody is trying to figure out and handicap what the fed is going to do and i think the fed is going to do nothing as they always do and they're going to hide in the corner. this market has a direction, it's gone lower. every rally the last four weeks has been sold into heavily, even the china relief rally

from tuesday, buried it on wednesday and look to go and 16,000 is not going to hold, we're going definitely lower from there. stuart: sandra. sandra: just a second, todd horowitz is a chicago guy, and his name on the floor is bubba. i've known him for a while. bubba, are you saying no interest rate hike by the end of the year and not until this crepp administration is out of office? >> i'm saying no interest rates raised this year and maybe not next year. sandra: i'm telling you that's what i'm hearing more about. >> and qe-4 is going to come out. you've got christine lagarde following this thing and another academia scholar who has no idea to knows how to run the economy. stuart: sandra, straight at you. what would the market makes of no interest rate hike for another-- >> it would translate to bad

news, that the fed thinks it's so bad. think about it what economic data out there is good? how strong is this recovery? >> 3.7% growth in the second quarter on an annualized basis. sandra: are you saying that's good? >> it's certainly better than it has been. sandra: i'm just saying, you're getting to the new norm then. stuart: the dow is now higher, 10 points, it's going up. i don't know what's happened here. i guess we would go on volatility. ashley: we could, legitimately that's volatility. stuart: let's go with big names, we watch these things every single day and sometimes it's too much, but apple, 110 per share after the big revelation yesterday. no change. ashley: was it that big of a revelation? >> it was like okay. got a pencil. we knew everything beforehand. sandra: a better camera. stuart: how about netflix, that's going up. i was watching on vacation and saw that go up significantly,

back to $100 a share on netflix. how about amazon, just got rid of the fire phone. they're not going to-- >> what a disaster that was. stuart: 518 on amazon, quite a run. gopro, i think it's in the 30's. huge drop yesterday. bounced back 50 cents. 34.26 on gopro. brad, come back in and retrieve yourself on the comments about technical analysis. any stocks that you like this morning? >> i look at apple and i say that apple might be an opportunity. to some extent they've been depressed a little bit. you've got new products, but the thing that nobody is talking about is tv. apple has a history of moving into new areas and opening up entirely new markets. you may get a head fake from the iphone, but tv may be the opportunity. stuart: do you own apple are self, brad?

>> i do not, but i'm looking at it for the first time in years. stuart: that's interesting. all right. we have some disappointing numbers from lululemon back in the news. all right, nicole, you're back there on the exchange, tell me about lululemon. >> we talk about athletic wear, yoga pants and the like. it's down almost 9% today. 58.52 per share. despite higher revenue and the forecast, everybody is looking at the margins. they had weaker margins and with that, despite the fact that they're trying to expand and hitting up the men's line, their men's gear when it comes to lululemon pants and trying to have trendier fashions. they're off their high. sandra: nicole, if i have two seconds, stuart varney. i have a sister that took her son shopping, it wasn't the

vine and abercrombie and those guys are gone. he wanted lululemon, and he's the star quarterback of his team. he wanted lululemon, i didn't know they had gotten so much bigger with men. >> can you put on the screen, the four guests myself guests and nicole. we'll each answer the same time have any of you ever heard of a clothing line called carhartt? >> yes, yes. >> three yes's. stuart: for the benefit of our viewers, carhartt is what they're wearing when they're working. never wears out, probably in fashion, but it's terrific stuff. nicole: that's a hard working man's outfit, carhartt. stuart: when i'm chopping do you think trees on the farm i wear carhartt. >> where are you going with

this? >> you're asking what is my point. i tell you my point. i think our viewers are fed up with lululemon and want to hear about something that's good, carhartt. nicole: isn't publicly traded? >> i don't know. sandra: john deere tractor is traded. stuart: tune it every morning at 5:00 eastern time on nicole and not to mention sandra. sandra: i've handed off the baton. >> handed it over, just the two of you. >> we're trying, we're trying. stuart: carhartt is private, i'm relybly informed, and from michigan. >> i just told you, midwest girl. stuart: fiat chrysler, they've announced the recall of over a million of the ram trucks. ashley, you've got tomorrow more? >> they have a defect that

apparently caused the air bag to deploy inadd ver-- inadvertently, and ram trucks are recalled and they have heavy duty trucks recalled and other vehicles with side curtain air bags. the big one is the ram truck. stuart: zero impact on the truck. how about the price of oil, around $36 a barrel. fairly steady in the mid barrel range. the price of gas down another penny. and gas is down another penny. 2.36. dropped about, i'm talking roughly, 10 cents a gallon in the week i was away. that's the national average. come on in again, i want you to tell me a forecast, how low is gas going to go? >> gas is probably going to see-- >> about $2 a gallon. >> under $2.

>> both under $2. stuart: brad, did you say that, too, under $2, brad, you said that. >> brad said it and todd said it. stuart: all right, both of them said under $2 per gallon by christmas, is that right? >> i think so, yeah, i think you've now got the cheaper blend going out. labor day is over and the driving season is done and we're starting to see dramatic drops at the pump and crude oil is pretty close to a bottom here, but gas will go lower. stuart: i think that's undeniably-- >> barring a geopolitical crisis. sandra: remember, the federal reserve is looking for signs of inflation and we're looking at the continued fall-- >> all she did was say federal reserve. sandra: and i avoided saying fr fed. stuart: and a trigger finger on the buzzer.

and actually, they want a perp walk? >> they do, loretta lynch saying she wants to get tough. not only does she want to fine the big financial companies for misdo m misdoings, but they never coughed up the individual, as she puts it. we want to get to the fresh and blood of the people actually doing bad things. they want companies to hand over the records and employ names of those doing whatever they were accused of. and they handed over the records after a deadline passed and they want the perp walk, want a face to the crime. stuart: i think they do. and then we have new york state's governor cuomo, andrew cuomo, he's pushing for a $15 per hour minimum wage and that will be state-wide. sandra. what else have we got on this.

ashley: $15 an hour. stuart: nonator what. sandra: across the board. you're talking about a major job killer. on mornings were maria, we were talking with an owner and he said all right, you're going to do that? i'll put machines up there for cashiers. this is how business will respond. be careful what you wish for. stuart: it's not good news? >> it's the worst news possible. it was the worst news when they talked about it, raising that ridiculous number of $15. they're going to take all of these fast-- mcdonald's and burger king, they'll put machines in and you won't have employees they can all sit home and collect unemployment because that's what we're doing now by putting in ridiculous requirements to have guys pay that kind of money. can't afford that. the minimum wage jobs are not supposed to be a career. let people work the job and build up not sitting there

trying to get this because then we'll have seattle asking for less hours to get more money. stuart: vote for me is how it is now days. we're expected to open 50 lower, we're up 40 points as of 11 minutes into the session. the nfl kicks off tonight, so i want everyone's super bowl pick and remember, please, one and all you're on tape. i'm going to start with ashley, go to sandra, go to brad and finally todd. you first. ashley: seattle seahawks. stuart: sandra. sandra: new england patriots. stuart: oh. sandra: i feel like. stuart: getting the buzzer. sandra: go chicago bears. stuart: brad? >> got to go with the patriots, but i'm happy about it. stuart: todd? >> denver broncos. stuart: oh. denver broncos, okay, i think we've got that and you're all on tape. sandra: what about you? >> i don't have to play. >> come on. sandra: just name one team. stuart: the green bay packers. sandra: there you go. stuart: the pack.

sandra: playing the bears. stuart: and at 11:00 this morning, former steelers quarterback charlie batch, some strong words for tom brady. hear what he's got to stay 11:15 this morning. check out big board, we're up 34 points now, 16,287. okay. now, how about apple? they've got a new supervised ipad and it's going to use a pencil, really called a stylus, something that steve jobs said he would never do, hated the thing. the new apple has emerged. can a business have a mind? a subconscious. a knack for predicting the future. reflexes faster than the speed of thought. can a business have a spirit?

can a business have a soul? can a business be...alive?

>> well, looky here, it's thursday morning, we're supposed to go down to the opening bell and we did briefly. now we're up 50 points, 16-3 is the milestone. and twitter, its live streaming video app called periscope, announcing that users will be able to shoot video in landscape mode. ashley. ashley: which is so much better. if you go vertically you get

the big black boxes and put it into the lapped scape mode and periscope live and now you get the panoramic view and streaming live, concerts, it's better. it's very good, we're happy about it. stuart: okay. the stock is still depressed. take a look at apple. basically unchanged, you're up a buck and that's 1% at 111. i want to get back to the new product and joining us is an apple fan, rob enderle, he likes apple thinks it's a great company, great products. number one, the stylus which steve jobs absolutely hated and second the battery on the new phones is said to be 5% less capable, two negatives, how do you get over those?

>> with the battery first, i don't think that users are going to care a heck of a lot about that as long as the phone is attractive and does what they want it to do. i remember the f-series of any apple product they try to fix the problems with the initial series the big thing with the phone, better scream, better cabetter-- better screen and it's not going to bend into a u in your back pocket. ipad pro, they did a partnership with cisco and ibm to move an enterprise product throughout their channels, this is that product. they had to do something that would do form, the size of this is to do forms. the issue, of course, form-based products aren't high volume offerings, but they were concerned that microsoft surface was coming in and stealing that and we saw ipad volumes drop year over year and that's problem.

they're trying to turn it around with this. the form based products they sell well in segments, but not like the ipads. it should look at the dliep. stuart: when i saw the presentation, here is tim cook lining up a terrific christmas selling season. woo are'-- we're going to run out and get the iphone 6-s and the tv and the bigger ipad. that would be attractive. i think it's building up big sales in the future as opposed to a stop pop in the immediate present? >> it may work that way with the iphone and apple tv. the large ipad is to get to business and that isn't sick clague on christmas. it would be a great product for folks to want to create art much better because the stylus is much more accurate.

if they do something like that, they could probably create a buzz and they're going to have to resolve the conflict between the mac book air and this large ipad. they both hit the same demographic, they want something light to work on. stuart: i thought you were an apple fan. you sound a little disappointed yesterday. 30 seconds. >> this is what i expected them to bring out. tim cook isn't the big bang guy that steve jobs was. he did what he had to do, pretty much what he accomplished, but apple lives on a lot of hype and we're seeing the new apple which doesn't have that hype and trust me, falling me an apple fan, a lot of people probably croaked as they watched this particular program. and that's not been my reputation. >> okay. honesty in the last sense you utter. rob, thank you. come back again. we want to hear more about apple from you in particular. >> i look forward to it. stuart: new york city forcing restaurants to require salt

warnings on menus. next, someone who says salt isn't that unhealthy as the food police want you to believe. they come into this iworld ugly and messy. ideas are frightening because they threaten what is known. they are the natural born enemy of the way things are.

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they've got a huge presence in macao and there was a cut, and it's now at 69. first it was the soda, that was too big and now new york is the first american state-- city i should say, salt warnings on chain menus. and lori is with us from the salt institute and comes to us from my favorite place of all of america, naples, florida. you say that a high salt diet is not necessarily bad for you? is that correct? >> well, it's a new york city bureaucrats and federal bureaucrats haven't picked up a medical journal article in about a decade because i guess, stuart, you probably wouldn't be priced if i told you the government was about a decade behind on their research, but research shows that americans already eat right about in the-- actually the low end of the

safe range of sodium consumption, which is about 3,000 milligrams to 7,000 a day and around 3400 milligrams. stuart: 3400 milligrams, is that about a teaspoon, is that it? >> a little over. if we ate what the government told us to ate we'd have a higher rate of heart attacks and death. it would be dangerous if we did eat what the government told us to eat when it came to sodium. the recommendations are too low, outdated and not based in science and it seems that none of them have picked up any peer-reviewed medical journals in a long time. stuart: if a high salt diet-- a low salt diet, is that dangerous for you. >> it shows that a low salt

diet is clearly more dangerous. the range is 3,000 to 7,000 a day. the government would have people at 1500 milligrams to 2500 milligrams. i worry about people who are captive and cannot go seek out, they can't seek out naturally what their body wants them to seek out in sodium. i worry about people in nursing homes and the rest of us appears we answer to a higher authority than new york city and federal government bureaucrats. it appears that like animals we subconsciously seek out just about the right amount of salt during our day and we know this from numerous studies in 40 different countries-- >> lori, i'm against a hard break. i don't want to cut you off. thank you for joining us from naples.

next, bernie sanders beats hillary in iowa. there's a switch and donald trump once again taking over the headlines. i say it again he's sucking the air out of politics and making it entertainment. the second hour of varney, two minutes away. and when i find it- i go for it. (announcer) at scottrade, we share your passion for trading. that's why we give you the edge, with innovative charting and trading features, plus, powerful mobile apps so you're always connected, wherever you are. because at scottrade, our passion is to power yours.

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>> ap here are the big stories at this hour, 10:00 eastern. donald trump taking aim at another candidate, carly fiorina. the donald facing backlash for criticizing her looks. and undersiege by hackers, department of energy breached over 100 times from air traffic contollers to wall street. virtually every industry vulnerable to an attack. and look at this, fighting chipotle. a consumer group releasing this ad. they say that chipotle is conning its customers. that so-called healthy food is making people obese, how about that? the second hour of "varney & company" starts right now.

♪ well, it's a mod test turn around, i guess. we were up 50, down 50 and now 2. how about apple, the presentation i'm going to call flat. up a buck 11. >> it's usually flat, but apple this time went down before this announcement. historically it goes up 5%, but now it goes down. geek, geek, geek. >> that's the reaction, a ho-hum reaction. stuart: all i said, was it flat, yes or no. [buzzer] >> liz. >> just carry on. stuart: that's down a buck 72. how about wynn, that's a china play because they've got the presence in the macao casinos.

an investment firm cut the target, wynn goes down 5%. disappointing numbers from lululemon. earlier i was talking about carhartt, the clothing of the country for people that actually work. that's private. and on the eve of 9/11, some are calling for the assassination of wealthiest business people, warren buffett, bill gates, michael bloomberg. the article called "inspire" listing those three and more and potential targets. more on that later on this program. in europe the migration crisis spreading north. thousands of refugees walking along railroad tracks on their way to try to get to sweden. danish police closed road and rail links germany to prevent them from passing through on trains or buses. there's a crisis for you.

donald trump's latest target, carly fiorina in rolling stone, trump says, look at that, look at that face, is that the face of our new president, she's a woman and i'm not supposed to say bad things, but listen, folks, are we serious. carly fiorina responded. >> i think those comments speak for themselves and all the many, many, many thousands of voters out there that are helping me climb in the polls, yes, they're very serious. i'm not going to spend a single cycle thinking about donald trump, maybe, maybe i'm getting under his skin because i'm climbing in the polls. stuart: here is trump defending his comments this morning. making fresh comments this morning on fox and friends on fox news. roll that tape. >> probably i did say something like that about carly. i'm talking about persona not talking about look. the fact is that, i probably

did say that about carly or something about, in a jocular manner, the persona and i say that and i say that about a lot of people. look at that, that's not our president, that's not going to be our president. stuart: what you heard the give and take on both sides there. and let's bring in fox news contributor tamara holder. welcome to the program. >> thank you for having me. stuart: do you think that this is the point where people finally start to say, you know, trump, you shouldn't be saying that about anybody's appearance? >> i think that he's prick. stuart: excuse me? a prick, p-r-i-c-k. he's a jerk, trying to get over and over, what he said about megyn kelly bleeding wherever, i wasn't saying that, no, you said that. and you continue to attack women and it's, i don't know, classless, tasteless, it's not something that i want in a presidential candidate. he doesn't need to say it and

carly fiorina is a wonderful woman. i'm not-- i'm not voting for her, i'm not necessarily a fan of hers, but she's an accomplished woman, she's everything that a young woman would want when they look up to her for him to attack her-- and then to back-step. be who you be. if you're going to take that position, take it. don't back-step. it's embarrassing. stuart: i think he said i probably did say something like that in a jocular fashion, i was talking about her persona. that's the back-track if you're talking with? >> that's the backtrack. >> no you're not, look at that face, persona? we know what he's do done, he does it over and over again. i'm sick and tired of it. he should stop attacking women, that's disgusting and deplorable and not what i want in a presidential candidate. stuart: how about the other side of the coin, hillary clinton.

i'm not making a comparison. >> i get it. stuart: we're crossing the aisle and looking at the iowa poll, sanders 41, hillary 40. that's a revelation because this is iowa. now, sanders leading in new hampshire to some degree understandable. that's a neighboring state to vermont, bernie sanders home state. and this is iowa and different voting people completely. he's beating hillary. the writing is on the wall? >> she's in trouble. you look the a the commentary. i was reading a article in "the atlantic", the new york sometimes, attacking-- not attacking, but criticizing, whatever word you want to use. the left leaning publications, and educated women are losing faith in her. it's not just what she says about, oh, the e-mail scandal, it's just what you guys asked me about. no, everybody is concerned about her wavering and her

inability to just confront the issue. stuart: how about bernie-- i'm sorry, vice-president joe biden. before i left on vacation we'd run a clip of him speaking in atlantic where he appeared tired and then i see him on labor day with a spring in his heel, addressing a union meeting, essentially a union meeting, and he looked vital and dynamic. do you think he's in this race? >> i think he's getting some cheerleading. and it's a tough job. theres a he a lot of stress. remember, he just lost his son. stuart: yes. >> he's going through a lot. his wife, who knows what-- >> this is the only alternative to hillary clinton? if hillary is slipping in the polls, and she is. they're looking around desperately for somebody to take her place as the front runner and joe biden is the only guy in town, nobody else is there. >> and whether you like him or not, he's the best candidate for that position, to step in e do you think he will be the candidate?

make a forecast. >> right now, it still looks like hillary. i've heard some like him better. i don't know, is it too late? will he give enough money? give me a week. if you have me back. stuart: it's an eternity in politics. you will be back. tamara, appreciate it. >> thank you. stuart: check the big board, with are are we now? we're down ten points. first time in a long time, we got pretty much a dead flat, go nowhere market right from the get-go of trading. that's interesting. come on in, jim bianco is here. i keep getting asked the same question all the time, will there be a market crash? and by that, people mean a sudden, sharp move down, maybe a thousand points, and it stays down and drifts further lower. that's what people mean by a crash, are we going to get it? >> we almost had it two weeks ago. the market went down a

thousand, but didn't stay down. if we get a crash it's not because of economics, it's because of computer algorithms and high frequency trading and the monster, as opposed to human traders. it mapped in 2010, happened in the bond market, almost happened a few weeks ago. probabilities are low, i put them very low that we would get one, it's not out of the question. if it was, it's probably a buying opportunity because it's not being driven by fundamentals. stuart: how about the other side of the coin? what's the chance of a nice run up say to 19,000 or 20,000? what's the odds? >> the odds are -- the odds are okay on that and there's a real good story for that coming next week. and it actually isn't bullish, that is the fed does not raise rates. they buckle under raising rates. the market is a junky for cheap money and the fed won't raise rates and it rockets off the new high. that's a possibility that you could see evident.

i wouldn't like to see that happen. because it confirms that metaphor that the market is a junky and you're main lining it with more cheap money and not good fundamentals. that's the real possibility you could see before the end of the year. stuart: i have to tell you that i have heard, you know, the speculation mill is out there, that they will not raise rates this year or next year. i mean, that's out there, as a possibility. that, i take it, from what you've said, will be very bullish for the market? >> it would be if they were to do that. the fed has made it clear that they want to raise rates. they set parameters on the economy. and they believe they've been made to meet rates. they're worried that if they raise rates and cause volatility, code word for markets to go lower, you'll get this thing called a reverse wealth effect and it will slow the economy. that's the only thing standing in their way right now.

at some point, if the fed wants to raise rates. they're just going to have to buck up and if the markets go down, they go down. i don't think they're ready to do that for this meeting, so, september is probably not a rate hike. at some point they're going to have to do some soul searching, do we want to raise rates if the markets go down? for now, i think we'll avoid the bullet of them raising rates. >> jim bianco, appreciate it, sir. and some white collar crimes have them uneasy. >> where are the perp walks, and now the department of justice says if you, corporation, you're convicted of a crime, you've got to name the person. you have to turn over the names and evidence before you get into any settlement talks with us. they want perp walks just like in enron and worldcom. at the same time the sec

ratcheting up a robot program scanning for alleged fraud. who knows, we may see more perp walks just like with bernie madoff and worldcom and enron. ashley: they're not going to get as much credit if they-- >> they won't get into a settlement talk unless they name names. stuart: i've got my money and now-- >> they want the names. they want the perp walk. stuart: thanks. a 0 new app helping disney visitors get reservations to the trendiest restaurants in the park. there's a catch. >> i always thought it was tough to snag a reservation in new york stay and los angeles, now, orlando, too. the new app the diz dining agent is making reservations at walt disney world for you. it's similar to the apps.

it makes reservations under fake names and pays them to customers. there's a name for this, it's reservation scalping and is not affiliated with disney. >> you'll see lauren, sandra and nicole open up the day, it's early, but worth it. devastating images out of japan. uprooting homes and trees and there you have to. clip pottel names their food is healthy, gmo-free, they say. not everybody agrees it's healthy. we'll talk to the man behind the chubby chipotle ads after this break.

>> parts of the eastern japan look at it, battling severe floods.

video shows a surge of water uprooting whole homes and trees. a typhoon dumped two feet of rain on the region. many residents left stranded on their roof tops waiting for emergency services to come get them. that's the situation eastern japan. that house is just literally floating away. check the big board, i'm going to call this pretty flat this thursday morning. down 28. a new threat from the terrorist group al qaeda. this time against some of america's most successful business leaders. blake berman they put out a hit list, give me the names. >> ten names from the hit list from aspire magazine. a the assassination operation sector, eight are billionaires, here are the targets, i guess you could describe it, warren buffett, bill gates, michael bloomberg and larry ellison, four they named along with the koch brothers, sam walton, sheldon adelson and as well as

two others, economists, economic personalities they were described in the magazine ben bernanke and bob schiller on the listment. -- list. it always for assassination to bring on inability. stuart: and it's not sam walton, the founder of the whole-- it was jim walton, i think was on list, is that right. >> jim walton. >> yeah, there was a little bit of confusion there. yeah. stuart: okay. blake, thank you very much indeed. we've got it. and then we have chipotle, making a big deal how healthy their food is, they say they don't use genetically mo modifid gmo's, not everybody agrees their food is healthy. a series of new ads, look at

that, they're called chubby chipotle ads and show pictures of obese men and women and dispute chipotle's health claims, they say looking eating one burrito a week could make you gain 40 pounds in a year. joining us now is rick berman from the center for consumer freedom. rick, you have the reputation of maybe being one of the nastiest attack dogs on the planet and unleashed you on chipotle, have they not. >> i'm going to disagree with the characterization. stuart: i thought you might. who paid for the ads that you're putting out? >> the center for consumer freedom has been in business for 20 years and we have donors from individuals, businesses, foundations, and i'd like to believe that people trust our judgment because we don't have people telling us what to do. we just do what we think is right and in this particular case, yes, we have attacked other groups in the past, we've attacked the government. we attacked mayor bloomberg when he came out with big

sodas, come out after madd when they're over the line and in this case we found a restaurant trying to malign other retailers in the food business, supermarkets or restaurants, by saying that they've got healthier products when in fact, it's a marketing scam, they talk about genetically modified food and all the cattle and the all the pigs are eating genetically modified corn and they're selling that meat and the american academy for science and world health organization says the whole gmo thing is a fraud and there's no difference in the food and the list goes on. stuart: does the ad say-- i just said that the ad says if you eat one chipotle burrito a week for a year, you gain 40 pounds. that's what you're saying or-- >> i think it's two, it's two, two, yeah. stuart: can you prove that? i mean--

>> yeah, you just look at the average calorie content of their burr reitos and which are not health food. i have no nothing against them selling burritos or tacos, but they shouldn't have this healthy aura around them. and they say we don't use it unless we do use it and they say, you know, only have organic vegetables, you can get e. coli more from organic vegetables than conventionally grown vegetables because organic vegetables are grown in animal manure and all of this is not told to the consumer they just have this halo they've put on their own image suggesting they're healthier than everyone else and it's not true. stuart: rick, we're going to follow this. i want to see if there's impact on the stock price and the whole reputation of chipotle.

thank you for joining us, we appreciate it. >> thanks. coming up, how about this? a defeat for the greens. california backing away from plans to cut gas consumption 50%. my take on that is next. ...and the wolf was huffing and puffing... kind of like you sometimes, grandpa. well, when you have copd, it can be hard to breathe.

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california will no longer demand a 50% cut in gas consumption. that was the mandate. governor brown has been forced to retreat. just think about it. the left wanted to put the entire state into an energy straight jacket. you will cut your gas use in half. in california, the state that practically invented the freeway, why did they do that? to cut the carbon footprint, to roll back emissions, to play a small part in saving the planet. how would gas use be cut in half? governor brown wouldn't say, those would be left to the bureaucrats at the air resources board. do you think they would raise gas prices? our czar. wait a minute, californians pay a gallon more than the rest of us. finally, the poor has gotten the voice. california has 25% and they're the ones who suffer the most from the elite climate change dreaming. it was represented from poor

districts who forced the governor to retreat. california will not have to cut its gas consumption by 50%. this may be the start of something big for the whole country. the left is going to find it very difficult to push its climate change agenda when the truth sinks in the raising the cost of energy is not and will not be politically important. and you can't have it decades down the road. given the chance to vote, the people will say no. california used to be america's proving ground for new ideas, it used to lead the way. let's hope that with energy it's going to lead again. hi my name is tom. i'm raph. my name is anne. i'm one of the real live attorneys you can talk to through legalzoom. don't let unanswered legal questions hold you up,

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if you scale back the powers of the air resource board. train for even the democrats say it's too powerful. stuart: even a moment ago i said it hits the poor. >> decarbonization is beyond astronomical. even bill gates said that. stuart: i moved there in the 1970s. liz: we get it. we don't want pollution. how about going after building's going after building's first beard trim to newly released records show the department of energy computer system was successfully breached by hackers 159 times between 2010 and 2014. theresa payton with this in the white house chief information officer and ceo à la solutions. direct question. how easy would it be for

hackers. could they today wipe out air traffic control communication and shut down air traffic control, could they do that today? >> i don't know if they can shut down the entire united states, but the possibility is there that could take major component of the system offline. we have seen them since last morning signaled critical infrastructure where they've taken pieces offline and we seem to the systems are antiquated enough that we been our own worst enemy and united airlines was offline for several hours. you can see where we've got fragility and our infrastructure. it would be hard for hackers to take offline. stuart: we know the hackers are hostile, deliberately taken out of p7 industry or piece of a company. >> we know different groups of hackers. some have economic benefit to them and some are malicious

hackers. they want to do america harm and go after america's infrastructure and what better way to do that than to go after transportation, energy, water. these are prime targets attacked every day. >> the chief information officer under president bush. now you run fort à la solutions which i take as a solution to the hacking problem. tell our viewers, can you stop this? can we take measures today that would start today that would stop these guys getting in and shutting down part of our system? >> it would. it's not just technology although that is part of the solution. we knew hackers around our door every day so we knew we had the same information. for example, with celebrate

separate the president schedule. no one system has the full picture and we would and we were and we would pull that all together to create the president schedule so he was not at risk if a hacker got into one network. stuart: i am going to interrupt you. you are talking a segmented information. do we not too entire industry. that would take years and software rewriting. >> what we've seen for the grid this component is part of the grant that were built before the internet in the cybercriminal era we have on the internet. now they are plugged into the internet and they don't always need to be. went to look at our most critical big-city critical infrastructure in different parts of the nation. we are not able to go to every single location to start picking

up the cities we can afford for them to go offline and cretinous segmentation in addition to the disaster backup plan if they are successful. a lot of that is thoughtful planning and reengineering how systems are designed. >> it should be a political issue. thanks for joining us. obviously this is a threat that we want to hear about. let's get back to politics. mrs. david avella. president our chair. not sure which. >> chairman. stuart: i was going to talk to you about jeb bush's growth and tax plan. once again, donald trump steals the headlines at this latest attack on odni.

>> one thing i know it is good that carly fiorina is running for president and not mr. trump's u.s.a. contest. i will say republican politicians make comments like mr. trump made yesterday and then we wonder why 55% of women voters say we need new laws to combat gender discrimination and to help make sure wages are kept intact that women get paid as much as men. stuart: he is an embarrassment for you. this guy is embarrassing for you guys. >> donald trump has a lot of position that people will support, whether securing the border, what he wants to do to block the every indeo, whether it's creating jobs. in his coalition of supporters, and it's hard to imagine a large block of folks voting for him

because of comments he just made about carly fiorina. let me also say it is by august polls are not indicative of who our nominee is going to be because they all start acting like politicians. they start using tact except politicians use. stuart: one of the problems is not just what he said in the impact of voters. it is fact he is crowding out discussion of the serious issues. jeb is just the four-day growth plan. here's how you get 4% growth. that's worthy of more treatment than it received peer trump is the reason it didn't receive any coverage at all. >> luckily we have fox is doing a debate in november to bring issues like this to the table and rest assured we have four months -- five months until voters cast their vote and there

is going to be plenty of opportunities for jeb bush and the others through their advertising and speeches to be out there promoting ideas. it's really starting to heat up for voters. now they'll start tuning into what people are saying. let me again say there is a reason why mr. trump is at the top of the polls. he is communicating on many issues an issue that republicans can support other securing the border, putting america first, creating jobs and the only way he would get defeated is one of the candidates have to step up and sharpen their message as to why they are better then he's going to be or he is going to be the nominee. stuart: the big debate in november. we'll ask about taxcutting growth plans. thank you rejoining us. we suddenly have a 60-point

game. now we are up 65 points when we started the interview with david, we were up one point. now we are up 66. the growth plan for jeb bush. time for the sector report looking at tech stock spirit apple try to drum up a lot of excitement with the new lineup of products yesterday. i will call that a lukewarm response from investors thus far. we'll see how the new iphone than the big ipad so this season. amazon discontinuing the firestone and amazon is $522 a share. netflix is a big surge yesterday. former market including south korea and netflix is up just a fraction as of right now. go pro is tough to bounce back from the drop they had yesterday.

it did struggling for days. it was mostly yesterday after the apple event unveiling of a wristband for the apple watch could lead to the fitbit down 1.5%. a farmer in georgia honoring sniper chris kyl with this corn maze. if the iran deal down on "the wall street journal" editorial board. he is here to explain it next.

>> i am transfixed. right now the dow jones industrial average up to point. we see a mixed bag here right you can see apple winners of the dow jones industrial average. apple coming back after losses yesterday of new products. wal-mart, caterpillar selling off. krispy kreme doughnuts hitting a new low today. they came out with their quarterly report and cap back with this not further downside over two bucks, 11% loss. fiat recalling tracks with air bags over 1 million tracks. inadvertently deployed. that stock is up 1%. the dow jones industrial average up 1.5%. we want you to start off here at 5:00 a.m. every single morning. oren simonetti and i will get

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stuart: look at days. it is a corn maze in georgia and honors american sniper chris kyl. a farmer there used his tractor and a gps to carve images into seven acres of land writing the words god bless america.

how about the stock markets. up 81 points for the dow. in particular lulu lemon. they make yoga gear apparently. barnes & noble with a big drop yesterday. but that is 5% on a 12-dollar stock. "the wall street journal" didn't have occurs here. his latest title, is a random next obamacare? the conclusion is yesterday's. >> i think so. i think it is going to be. i'm talking about brought electoral politics. they passed obamacare with no republican votes and the democrats went into the 2014 election they got wiped out north carolina, iowa, colorado because the republican opponent all took obamacare and ran down

the incumbent democratic senator's throats. it was unpopular. obamacare was unpopular with the public. now we have the every indeo which the white house is overselling suppressing the downside of the deal. it is all discussed in public and people take a look at it. the quinnipiac poll put support at 25%. that is really a low number in polling. had no wage certificate about 30%. you might say it early and going to get better. a few days ago the cool port came out. normally politicians don't get that far in the wrong side of public sentiment. but i think the democrats have done is that the nuclear deal. they own it and they are attached at the hip to the

iranians that whatever happens in the middle east over the next 15 months. stuart: politically, tactically you think they should still own it? you don't want to see republicans come back strong and defeated and override the veto. you don't want that. >> they have enough votes in the senate now because senate democrats have committed themselves to the president to support a filibuster. no vote did the republicans take to prevail. rather than not it the waters, they might as well give the issue to the democrat at heart against them from now until november. stuart: trump and senator cruz are running hard on this in washington yesterday. they've taken the issue and are running with it. forget congress. they are running with it as an election issue. >> they want republicans with those. i think it will confuse people. the public is not confused about

the iranian nuclear deal. i'm not the least bit confused. they made a mistake the day they sat down and discuss with iranians because that once that starts the process took on a life of its own and they ended up doing a deal, bad, good or different. liz: but seats are at risk in the iran deal? >> see, the democrats think they have the image data we have michael bennet colorado and harry reid in nevada. barbara mikulski is tiring. the republicans have 60 they think are competitive. pat to me of pennsylvania, rob portman in ohio, ron johnson, kelley ayotte in new hampshire. as a result the scales have been tipped in the other direction and most of these competitive republican seats will be much less so the more people find out and if the senators run on it.

stuart: "wall street journal," dan henniker. football season officially starts today. it will take in $12 billion. that is a money maker in deed. how about the u.s. open. do you believe this number? it will bring an $809 for the city of new york. how about $42 million worth of prize money. we will take you live to flushing meadow next. you both have a

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stuart: well, it is official. the super bowl is underway. the nfl season kicks off as the new england patriots hosting the pit for steelers, the league estimated to bring in $12 billion this season and the american gaming association says people will bet $95 billion on college and nfl games. by the way, most of those are likely to be illegal. in the meantime, an exciting time for tennis fans. serena williams two matches away from it are slim and a year for the first time since 1988. tennis is also a huge moneymaker.

gerry willis is at the u.s. open. how much money are we talking about? >> ashley, money, money, money at the u.s. open. the stadium over my shoulder here with lots of people coming in including 400 officials. $800 million to answer your question. the amount of people coming will spend on restaurants, huber, hotels. a lot of the average ticket price $385. a family of four would be $1600. if you go to the all-important sunday match, you are paying $965 for that ticket. imagine that. the other thing we must mention, take a look at this. serena is right here. who are people going to see in this beautiful magazine everyone will get a picture of mr. varney.

it's not awesome? powerful warning. there they are. bernie and maria bartiromo here at the u.s. open. ashley: fantastic stuff. mr. varney appreciate that as well. later comment don't miss trish regan's interview with andrea agassi. hopefully he will bring on steffi graf. liz: a whole two hours of "varney & company" on the books. more just three minutes away. >> .the danger whether two doctors make the decision, whether the person is mentally and emotionally capable of resisting the pressure. i don't know if california has thought these things through. they may start a dangerous domino effect of large numbers of people dying who do not wish to die.

>> welcome to the world of entertainment politics call it the trump fact but i believe that's we are politics as a sport keeping score, it is fun. you get involved, pick your gladiator and watch him or o her go into battle. there's no question welcome the election is interesting to many more people. i just hope it doesn't obscure what really matters, for example, the economy. yes, i know that compared to a trump one liner, the economy just does not grab attention. let's face it. when you start talking marginal tax rates people are likely to change and that is kiss of death. we're looking at a victory of personality as expressed on it's and social media. it has the ability to project on tv, the dominate the screen, to draw attention to yourself which sharp edge tweet and facebook postings. trump is winning because that does all of the above very well. hillary is losing in part because she doesn't have a tv well at all.

and jeb bush has in my opinion a solid plan to grow the economy but it was swamped by trump fiorina fight. you could be saying being good on tv goes back to the 1960 kennedy nixon debate where he appeared ill as a ease and lost but these days performance is much more important. simply because screens are everywhere. tvs and smartphones are wrapped intimately into every day, hour existence, so breaking through depends on the entertainment factor, the performance factor. that's where we are today. but it can change quickly just because trump performance keeps him on screen all of the time doesn't mean we'll like what we see. maybe just maybe, you shouldn't make any comment about another candidate's appearance.

>> wait until you hear what bobby jindal has to say about donald trump -- on the market we've got 84 points higher for 85 for dow industrial average. 63 is the level. gilead sciences got an upgrade up she goes, $2.50 higher. gilead reaching 106. how about fiat chrysler got a recall of over a million ram trucks faulty air bags the problem there. no effect on the stock is actually up pup 20 cent it is 14-61. republican presidential hope powerful governor bobby jindal has some choice words for the national press club momentses ago. listen to this. >> trump is not a serious candidate. he's a narcissist egomaniac. only thing he believes in is himself. the reality is that i want to say what everybody is thinking about donald trump. but afraid to say --

everybody know this is isn't new, the idea of the donald trump debate is great. the reality of donald trump is absurd. >> ashley -- >> he called it a carnival act he said donald trump has never read the bible the reason we know is because he's not in the bible. he also said jindal today but said this week that his best running mate would be charlie sheen he's going on offensive here, and a different approach it is unloading. bobby jindal where he's at in the polls except to go after the number one person. >> picked on what trump -- let's get into that. a background here to what trump was actually saying. as you know, trump went after carly fiorina and her appearance. put it up on my prompter please he said this in a rolling stone interview. look at that face. would anyone vote for that? can you imagine that? the face of our next president. as if that wasn't enough he goes

on to say this, i mean, she's a woman and i'm not supposed to say bad things but really folks come on, are we serious? fiorina responded to trump's comments, on the kelly file last night just -- >> i think those comments speak for themselves, and a all of the many, with many, many thousands of voters out there not wondering what donald trump means. but maybe i'm getting under his skin a little bit because i'm climbing in the polls. >> one more leg to this story. and it happened first thing this morning. here's what trump about to say about this on the fox and friends. >> probably i did say something like -- i'm talking about persona not talking about look. the fact is that i probably did say that about carly or something about in a jocular manner, and i say that. i say that about a lot of people. i say look at that. how does that --

that is not a president that is not going to be our president. >> you heard the full story joining me now bret baier host it have specialty report on the fox news channel. brett finally said something that is going to cause him pain in the polls? >> stuart i think that's a great question. i don't think donald trump follows any rules of what you think -- the result of saying something like that would be. i mean we've seen a number of times here where he said something that other candidates probably it would have been devastating. but it has not been to donald trump. listen, there's a difference between being pc, and then being this personal kind of attack. and -- the persona answer apply for a lot of people an i don't know if that's going to stick or not. >> we just heard bobby jindal truly unload on donald trump i think scott walker said the same thing. 50*eu78 going to say one thing. i don't care you can or should

say anything about a political competitor's appearance. just don't -- that was across the board rule. i just don't think you do that. i would like to lay that law down in politics. >> a lot of people -- i think that the way you do, the way donald trump comes back and says you know people make fun of his hair, and no reporter is standing up for him. but i do think that this is a different ball game when you start -- you know, phrasing that things that way in an attack. >> can i move on to the iran nuke deal because that is a very, very serious issue. and it seems like it's a done deal. it seems like members of congress some republicans want to stop it but can't stop it. is there any way that they can stop it? >> not really. they can delay it. they can delay the sanctions from being lifted. and that is really what what republicans in the house are i

think trying to do with the way they've restructured this vote. it is no longer a disapproval. they're essentially saying that the previous law that was passed, the corker corden bill that became law is invalid because the administration didn't come forward with all of the side deals that iran agreed to with the iaea. to do that, the house will have to extend the time frame and the clock will start ticking but eventually stuart all of this is fairly complete. >> real fast brett do we have a government shutdown in the upping? >> i think we could be heading for another one of those cliffs. those fiscal cliffs and standoff obviously, from your neck of the woods that is not a good thing for the volatile market. >> not for voters who think less of congress i suspect. bret baier everyone we'll be watching as always you have to watch 6:00 eastern time bret baier be thank you for joining us a pleasure. thank you, sir.

howard is the host of media buzz, and howard is with us now. i'm sure you're watching the trump carly fiorina drama unfold. i have to ask the same question to you as a i just asked to bret baier as he finally gone too far? has he finally said something which is going to hurt him in the polls? >> i'm with you making fun of the candidate. you don't want to go there. but i've been through six, seven, eight rounds now of trump saying something whether it is attacking john mccain, or getting in a fight with megyn kelly where the collective pundit saying this is it. he's going to fade and implode and he's impervious whether this one is different in the way he was dismissive of another presidential candidate, i'm not so sure. >> have you ever heard two candidates, now 405 candidates going at it so strongly on this issue. bobby jindal unloaded on donald trump but the national press

club i'm sure you've seen the clip from that saying somewhat similar things about trump in his tweets. have you pfer heard anything that is contentious in this personal as this? not five or six months before the iowa caucus and trump is dominating media coverage attacking the donald is only way they can get air time. >> now you watched the media. i want to ask you about the media's response to hillary's apology over the use of that private e-mail server, and the e-mail story in general. is the media accepting that apology? >> in a word, no. there was in tremendous drum beat in recent weeks she's got to apologize. apologize, and tin deed i'm one eve those who have said if she had done this three months earlier she might have changed narrative somewhat and there's an fbi investigation but she does it with an interview and you hear a lot of comem tater and analyst say it didn't sound

sincere and she was forced into it. so from hillary fans probably thinking they're moving the goal post but at least from her point of view and her supporters point of view she show she's not dismissing this or calling nonsense but she's not saying if media obsession that she did, in fact, take it serious enough to say she was sorry but that does not make it go away. >> by the way she's now behind bernie sanders in the iowa poll. just one point behind. this is the iowa polls. extraordinary. howard what a pleasure always good thanks so much for joining us. howard appreciate it. >> thank you stuart. dow jones industrial average coming back a little bit. we were up 85 points now we're up 62 points. okay, i want to move -- not moving on. ienl staying with the trump story. i'm going to run a soundbite from tamara, democrat she appears on the program in the last hour. here's her take on donald trump, by the way, listen to this please. we have to bleep out part of it. go. i think he's [bleep] , [bleep]

excuse me -- >> he's a bleep -- total jerk. trying to get away this over and over again about what he said about megyn kelly bleeding from her whatever. i may have said that but i wasn't sure no, you said it. >> tamara is not allowed to say that specific word on tv he got the point. cheryl -- you hear -- >> laughing good for her. that's what most women are thinking. don't think that this isn't going to come to fruition down the line against him, because women are going to -- and a mcdowel i want to give her credit for this. she said in every bedroom and living room wive answer girlfriends say don't you dare vote for that you know what, what tamara just said. sorry. she made that point and i want to give her credit. she's right it make use -- and then hillary sitting there going saying thank you so much. she had a problem with with

women eight years ago when she was the democratic nominee against president obama all of those women who might they might have gone the trump way are going a woman candidate where do you go buddy? >> get ready football fans, nfl season it kicks off a new season tonight steelers take on patriots. now football is a 12 billion dollar business. i don't think there's much stopping right now. don't think, however, that i don't know anything about football just because i have a british accent. roll this. >> you're the guy imho takes the ball from the quarterback. you caught it real tight. you run like the devil to the far end of the field. people bang to you you bang into them. you do your utmost to go as far as possible without dropping the ball or ul paing to the ground. have i got it right sir? >> you've got it right, score --

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: all right i'm going to call

that a modest gain 40 points higher. microsoft up slightly this is the day after microsoft showed off some of its software in the middle of apple's new product launch that was unusual 17 cents higher 343 microsoft. how about krispy kreme lower. sharply lower 11% lower disappointing earnings there. 15 on krispy kreme. 2015 nfl season kicks off tonight if you need proof that football is bigger than ever look at the amount of money that we gamble on it. american gaming association projects 95% billion dollars already bet on football this year. ashley how much tch that is is illegal? >> enough to get greece out of trouble that's a lot of money. [laughter] but according to the american gaming association, less than 4% of the 95 billion is actually wagered legally. so that's an awful lot of legal bets on college and progames.

if you win i hope you report. >> if you legalized -- gambling in this country to casino, onis line book making shops annual rev nigh would be 12.4 billion which is five times bigger than u.k. which has a massive belting system regulated system in place. tmpleg that would be annual take for the new season. i don't get that. that's generally -- revenue for nfl overall a. >> legalize gambling that puts up nl is getting 12% 4 billion in annual revenue. huge. it is only one that offers full menu of legal -- that is nevada got that. i know this man. i know that man. you may think that i know nothing about football. but i know that that man is charlie batch and he's former or pittsburgh steelers quarterback am i right charlie batch.

>> you are right. [laughter] here's my point. there's nothing going to stop the nfl financial jug whether it is scandals off the field. deflate-gate i don't care. nothing is going to stop that jug, do you agree with me? >> ill totally agree with you, and i think about in 2007 roger goodell said i want to grow the business of football from $9 billion to 225 grow to $25 billion a year. you mentioned it before the break when that was 12 billion dollars annually, he has 13 billion to go, and just like he's on that face to do it. >> do you approve of that? you're a former football player i got that. you have got a piece of the action here, so to speak, but at the same time do you approve of that? >> those things, those things will all --

always be part of the gain but financially you hope eventually it reflects the player contract and see players not just quarterbacks, you're stating to see defensive tack pals making 100 million dollars at least 100 million contracts so you're starting to see that transition over to the players if that continues we'll see what happens. are you a tom brady hater, are you? just asking -- [laughter] >> i'm not a hater i love watching tom brady one of the best quarterbacks out there. to follow what he's done i'm truly impressed. >> and i know that you'll be watching the steelers play the patriots tonight. you think the patriots will win? >> oh, i mean i'm a die hard steeler fan even though i put the black and a gold on for 11 years, i group in pittsburgh for me to say that patriots will win, it is tough to do that. but right now the steelers in preseason haven't given a lot of fans a lot of -- hope. so to speak but mcconnell will

have this team are the to play tonight. >> i have to ask you do you miss it? there was a time where you would run on the field and you remember the center of attention you were the man, now you've retired. are you? >> absolutely. absolutely i do miss it i played since i was seven years old able to prolong that with years. now does my body miss getting hit? absolutely not. [laughter] >> charlie batch great to have you on the show. come on back and see us soon okay? >> i appreciate it thanks for having me. >> yes, sir. sports fans don't want to miss this one charles payne's big interview with the undefeated world championship boxer floyd mayweather 6 p.m. eastern here on the fox business network. how about that? that's called a good guess in the industry. >> knockout. [laughter] >> next up, new york governor andrew cuomo pushing for $15 minimum wage statewide, and joe biden says yes that is a great

plan. how about that? plus scientists unearthing remain of a creature that could be the missing link in human evolution. details after the break. at ally bank no branches equals great rates. it's a fact. kind of like shopping hungry equals overshopping.

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disappointing numbers from lululemon that stock is dropping significantly 12% lower. 56 on that stock. new york state, maybe the first state to get a statewide 15 a dollar minimum wage. at least a governor andrew cuomo gets his way. governor is proposing that wage increase for all work percent today. ash well there's push back surely. from small business and business saying wait a minute. you want to see what job losses are like you go ahead with this. right now it is 8:75 an hour across all industries that will go to $9 at end of this year. cuomo wants $15 per hour, there's a republican lead the senate in legislature in new york and push back on this for sure. by the way joe biden with him today helping to, you know -- rally the cause and appearing with him in a news conference. >> joe biden is saying yeah absolutely. prchg well you know why he's going to do this is because bernie canted sanders gaining

against hillary. joe biden who is going to run, he's going to run, he's if, obviously, this is going to be when they say well what happened -- >> wait, wait you think sh is a sign he's 15 an hour. do you think that's a sign that joe biden runs? >> absolutely. taking a political stance and they say why did wages not grow more during the eight years that you were also in the white house he can say, minimum wage was only -- 7 in change now. >> to make it 20. why not 20 or 30 -- advance on 30. >> exactly. precisely. how about this show -- this is for you. scientists in south africa say they've unearthed remains a distant human relative. the evolutionary missing link. [laughter] >> maybe one of yours. one of mine. [laughter] now, are we we've been asked to

believe here with a billion years ago couple of blobbed flopped out of the ocean and all of a sudden we have all of this. >> those in south africa are making that assertion but you're saying unusual they say this is a different type of species that maybe we came from maybe not an 8 but a human ape like combination. if you look at what they found. they found fossils in this area in south africa they say they point to another theory beside it is that we came just from the ape it is that theory is that we came from this species that was a mix of human and ape-like -- characteristic. prchg oh, i see. but -- if you don't believe that almighty created this paradise you believe that two blobs flopped out of the ocean and created all of this by thelses. >> i am a leaving it at that.

>> i believe until harry potter. let's move on. dangerous waters . [laughter] president obama may have the votes he needs to push the iran deal through congress but louie said he's got a plan to stop it from moving for the and he's with us, after the break.

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stuart: still pretty flat. up 37 points for the dow. nothing flat about the price of oil today. it is moving up, 2% higher, $45 a barrel, up a buck. netflix, whoa, was that a big winner yesterday. today it is down a half percent. 98 on netflix. fiat chrysler, no movement whatsoever, affect by million recall of ram trucks, airbag issues. no effect on the stock. president may have enough senators for veto-proof iran deal however might there be another way to block the deal? congressman louie gohmert says, yes there is alternative. he can block the deal. congressman, welcome to the program. how are you going to block the deal? >> actually, it takes the house doing what we're sworn to do to block the deal. it is called following the constitution. this agreement, stuart, is a treaty.

it is very clear it is a treaty. we know that anything that changes existing treaties like the non-proliferation treaty, this does in a number of places. anything that deals with arms and right to purchase arms, that's a treaty. anything that allows for intercontinental ballistic missiles, that is going to be a treaty. this is a treaty. the constitution requires that a treaty have 2/3 of those present concure in the senate on ratification. so, we have now -- stuart: to get that, if you made it into a treaty, the president would get 2/3 support in the senate if it was treaty? stuart: it wouldn't? >> no. all they have been able to say, stuart, they have 34 votes for it. they might get, 35, 36, 37. but they can't get 67. what the corker bill did turn the requirements of the constitution upside down.

the constitution says you have to get 2/3 to ratify it. corker said you have to get 2/3 to disapprove it. but when the corker bill passed nobody had seen this agreement. nobody in congress, that is, had read it. we were trusting kerry. i didn't vote for it. i didn't trust him. others trusted him said this is non-binding agreement and the president stating it is executive agreement. it is not going to bind future presidents. we can do this without it being a treaty. but once we saw it in july, stuart, it is very clear. it is a treaty. so all we have to do in the house -- stuart: but mitch mcconnell says, he doesn't think of it as a treaty. it is not a treaty. republicans in the congress are split between the senate and house. >> mitch mcconnell, this isn't the only problem mitch mcconnell has. he needs to see it as the treaty it is. stuart: dan henninger was on the program a few moments ago. he said look, it is virtually a done deal.

and you're not boeing to stop it in congress by making it into a treaty. it will not happen. >> congress doesn't make it into a treaty. it's a treaty. whatever we call it, it is a treaty. that is what it is. stuart: officially its not. dan henninger, just let the democrats have it, pay the price for it, just like obamacare. >> see that is what our leadership has been thinking. their thinking is iran will get nuclear weapons no matter what. if we block this ridiculous treaty we'll get to blame the democrats when there is holocaust again. and we can say, see it was obama, it was kerry, all these democrats. because we republicans did what we could but we didn't stop it. so it is all the democrats fault. what i'm saying, stuart is, there is a holocaust looming and we have an obligation to stop it and not to play politics like this does. stuart: okay. >> we can stop this, if we call

it what it is. call it a treaty and quit playing political games because israel's at stake. they're the little satan, but we are the great satan. and this nation is existential risk. we need to step up to do the right thing. and for once put politics aside. stuart: congressman louie gohmert. we hear you. thank you very much for making a strong case on this program. we appreciate it, sir. >> thank you, stuart. stuart: now, next case, the top guy at united airlines. he stepped aside allegedly involved in a influence-peddling scheme. judge napolitano is here. there is something more to this, isn't there? it is deeper than this? there is politics involved. spell it out. >> there is politics. even presidential politics involved in this believe it or not. so united airlines want ad favorable deal to rent space at newark airport which is a profit-making hub for it. it has been alleged, that one of the ways it attempted to get that favorable deal was to offer

a bribe to the then head of the port authority of new york and new jersey which owns newark airport, a person named david sampson, who was closest advisor the a the time to governor chris christie and appointed to that job by governor christie. the alleged bribe, i can only emphasize alleged. there have been no indictments yet. the alleged bribe was a establishment after flight from newark to columbia, south carolina, which nobody took but accommodate airlines, to get mr. sampson and his wife on the weekend home. stuart: how does presidential politics come into it. >> indictments are probably coming. it will rejuvenate. it came about as as a result of "bridgegate" controversy a. why did gem smisek resign as

chairman of united airlines? i suggest he and united airlines were told or company or unnamed senior executives were targets of the grand jury investigation. and once that happened, united airlines had to separate itself from those who conducted this deal. stuart: what does chris christie -- could chris christie, governor christie, could he be indict, are you implying that? >> i don't know that he will be indicted in this but it will rejuvenate the whole "bridgegate" scandal because this is offshoot of the "bridgegate" scandal and rejuvenate at time he least expects as we approach the iowa ucusnd n hamhire imars. strt: e he of unit airnes ste dow doeshat governor christie from any implication. >> and top executives. >> no. means they all get their own lawyers and point fingers at each other unless one of them decides to cut a deal with the feds and spill the beans on the others. let me tell you this.

if mr. sampson who i know, well-respected lawyer in new jersey. i don't know why he did it. if he is indicted for bribing gem smisek, former head of night >> i would use word blackmail, judge. jeff smisek by the way. smiles second was running continental. got the top job what when two airlines merge. airports can leasing rights over heads of amazing american airlines. this happens more than you realize. stuart: huge leap here. isn't there a huge leap between smisek leaving united airlines and the guy who runs port authority and any involvement with governor christie? >> there is not a huge leap. i agree with cheryl. it may be more than a bribe. it might be blackmail.

it might be you got to get me this airline flight for my wife and myself or your rent will not go down. it could be that. it could be that serious. but the fact that he left signals to lawyers that the prosecution is moving along and something is going to happen soon and that something will probably be the indictment of someone and the someone may be a someone extremely close to governor christie. >> could be other way around. airline said if we had this route would that make it a little better in terms of reducing our rent and improving airport. could it be other way around. >> doesn't matter who suggested it. quit proquote. >> airport holding gate, revenue from snack shops they hold it over the head of airlines all the time. the negotiations are brutal. >> you don't think this would harm the governor's prisons sy, would harm fund-raising in new jersey and rejuvenate all

the "bridgegate" stuff he would like to forget. i think he knows this. he came on fox to attack de blasio. what does that have to do with running for president of the united states on the republican side? >> well he is leftist. >> get the public's attention off this united airlines resignation and likely culmination of the federal investigation in newark. stuart: we'll leave it at that we have the hard wrap. you know how these things go. >> i hear them yelling in my ear. stuart: apple showing off new products yesterday, bigger iphone and independednt pad and apple tv the stylus that steve jobs said he absolutely hated. we'll break it all down for you after this.

>> i'm nicole petallides with your fox business brief. dow jones industrial average up about 70 points off earlier highs today. it gained 120. seeing weaker u.s. dollar and down half a percent as s&p 500. nasdaq gaining 3/4 of 1%. look at dow jones industrial average. stuart varney hits up new apple products for you and leading the dow. basically erasing yesterday's losses up over 2% at 112. unitedhealth and cisco also winners there. we're watching airlines to the upside as we're seeing the transportation index, best of the week, getting upgrades on price targets for credit suisse, jetblue, delta and southwest, all winners today. lululemon off, 20% from its high back in 2013.

came out with quarterly numbers this week. "fbn:am," lauren simonetti and i kick it off.

stuart: we better show you the price of oil now because it is surging, 3 1/2%. we got new numbers from energy people and there is more oil supply in storage than we

expected, up goes the price, 45.77. how about amazon? announcing they will stop selling that fire smartphone? cheryl, that was pretty much expected, wasn't isn't. >> they just announced they will get rid of the phone. discontinuing any production. it was, basically didn't do well. all it was basically extension of a way to shop on amazon. that was the bottom line. nothing else to say. stuart: it was. >> waste of the money and time. stuart: ashley tells us how it is. you tiptoe around this. he said it was complete disaster. >> i try to be polite one out of three of us. sometimes it works for me. i don't know. >> god bless you. stuart: you dodged the question on evolution. >> we're not back to that again? stuart: no, i will not go back to that. >> thank you. stuart: except your belief in two blobs. >> come on. stuart: apple, not much change. up two bucks at 112. yesterday they unveiled ad slew of new products will be arriving

just in time for christmas. michael gorman, a favorite on this program. michael, run through all of these new products one at a time. tell us what you think of the new iphone. go. >> okay. so we got two new iphones. similar to what apple has done in the past. s variant. it is still iphone 6s or iphone 6 s plus. from the outside differences are slim. the device is slightly different in size but really looks like an iphone 6. you have a new color. you can get it in rose gold if that tickles your fancy. key bits are on inside. it has faster processor an much better camera in the back and front. new screen technology, they're calling it forced touch and 3d touch on phones. similar to forced touch they first introduced in the watch. you've seen it in macbook track pads.

what this allows to you do is basically press harder on the screen and gives you new features and menus that allow to you access things on your phone a little bit faster and more efficiently. stuart: okay. how about the big ipad with that stylus. what do you make of that? >> so the ipad itself is called the ipad pro. it's got a 12.9-inch screen which is quite a bit larger than previous ipads, the air or the mini. so it kind of adds to the top end of the lineup. and because of that size, it's got a little bit more of an enterprise business feel to it. you can run multiple apps at the same time with new ios update. of course with the stylus and also attachable keyboard which are both sold separately of course, that gives you finer control over spreadsheets. there was interesting demos with microsoft for productivity software and design pros and artists get a lost use out of that stylus which has a pressure sensitive tip. it allows you to do a lot of interesting things with it. because of screen technology and

in combination with the stylus which is called the pencil, allows you to do very interesting things. similar to what you're doing on microsoft surface and also stylus you see on the samsung galaxy note. stuart: this is what you do for a living. you give me a good run-down on this stuff. last one, apple tv what do you make of it? >> the apple tv is a good upgrade. the old apple tv has been around for hardware for years now. people wanted to see an update. they have got one. it has faster chip and got more memory. the real key bits there is tvos that runs on it gives you new interesting user interface. not terribly different than the old one. it runs a little bit cleaner. it has some new features. the remote is big thing. has touch pad on remote making going through menus and applications easier. allows you to talk to the remote to use syria to navigate apple tv, talk to it to search for

shows and one of the key features long overdue is universal search. if you look for a movie, it will sift through all of your apps, netflix, hulu, itunes, et cetera, pull up movie from any one of those places. stuart: you're good at this, michael i know you do it for a living but you're really good at it. michael gorman, everyone. he will be back. >> thanks for having me. stuart: moving on, i will call this disgusting new ad campaign from isis. putting their hostages up for sale. can you believe this? back in a moment with more on that. can a business have a mind? a subconscious. a knack for predicting the future. reflexes faster than the speed of thought. can a business have a spirit? can a business have a soul? can a business be...alive?

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stuart: isis has now taken to putting prices on hostages. an ad found in isis magazine there is a signs over a norwegian and with saints saying settle. they didn't say how much they were asking, did they? >> no. they put up a number where someone can contact them to order to pay ransom. this is latest edition of their magazine. stuart: now americans said we don't pay. we'll not pay for hostage release. >> norway is saying same thing earnings so isis going straight at us, yeah, you'll pay. here is the price. >> absolutely. you can see some of the other articles in the magazine.

goes after the u.s. racial divide, "black lives matter" movement. those leaving europe don't end up like the toddler on the beach. they are really masterful hitting upon all the social, cultural and religious issues happen in the west. this is exactly how they lure young people fighting with them. stuart: are they encouraging an outflow of people from north africa into europe, the migration crisis? they're encouraging this. >> they're not encouraging this. they say don't leave the caliphate because they don't want to grow the population. what they're doing on eve of 9/11. this is no coincidence, all eyes on counterterrorism world are on them. they put out the magazine. this is how they get more recruits going over and this is how they get their funding. stuart: they are winning. >> they are winning. stuart: al qaeda has the magazine called, "inspire." they're naming billionaires on some kind of a hit list. what do you make of that. >> they're very smart. the way they know to bring the

west to its knees to go after economic infrastructure. i wish would understand that about isis and. >> you hadi groups. they're saying if you want to get off the hit list, take your money out of the american banks and stop your support for the u.s. and for israel. stuart: we're not going to do that. that is not going to happen. this is a just a threat. >> this is more jihadi propaganda today. the network, do we show this type of information? do we further extend propaganda? the answer to that, the counter argument to that, we have to understand the argument. we have to understand what they're doing. we to know how savvy they are. the we didn't fight the jihadi groups on their own land in syria and iraq. they're coming to us. stuart: migration crisis in europe. >> there is argument to be made letting in refugees well-intentioned and legitimate but they're also infiltrating us with isis operatives and other jihadis. stuart: too late to look at person coming in. >> that is no good. a million people will go in there.

>> humanitarian argument will always be stronger than the terrorist one. you know what? the bottom line, this is not argument against taking in these refugees, but argument to be made about isis winning this round. stuart: lisa daftari. always a pleasure. >> my pleasure. stuart: more "varney" for you after this.

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. >> listen, there's a difference between being pc and being a personal kind of attack. and the persona answer, didn't fly for a lot of people and i don't know if it's going to stick or not. stuart: that is bret baier in response to the insult to carly fiorina. first from michael -- that's correct. karen agrees with the right to die legislation.

she says -- very good, and well-expressed opinionsoday and quite a show i think we had. ashley, cheryl, thank you very much indeed. my time's up. neil, it's yours. neil: just getting on the wires that house speaker john boehner says goal of the back and forth contentious talks on capitol hill with republican troops is to avoid a government shutdown. that might prove easier said than done, getting word of 31 restless republicans who want to make this planned parenthood their cause, that might threaten the shutdown. but shutting planned parenthood down for the time being seems to be a lot more important to them. they're organizing another protest, this one led by rand paul, the opposite end of capitol hill as we had yesterday with the protest over the iran deal, but the fight is much the sam