and then he'll be in the booth. >> and congratulations and kansas city. >> and the new york mets, let's go mets. >> i like that. maria: thanks, everybody. see you soon. >> the first mention we got of the world series all day. maria: you're right. "varney & company" is next, have a great day everybody, here is stuart right now, have a good show. stuart: thank you very much indeed. vladimir putin has good reason to worry. that russian plane that came down, what if it were terrorism? good morning, everyone. we do know the plane broke up in mid air, we don't know why. the airline says external activity brought it down. now, a terror attack might be payback for russia's war in syria, colonel ralph peters on that just moments from now. next case, an e. coli outbreak hits a wall street favorite, 40 chipotle restaurants closed. that stock will open lower. donald trump warns the wall street journal, you love to write badly about me, he says,

be careful, i will unleash on them big time. the wall street journal is a sister publication of this network. how about this? from nasa, there's a lot more ice in antarctica. and that ice cap is growing. >> what? >> now what are the greens going to say about that? it's a big week, it starts now. "varney & company" is about to begin. ♪ look at this, you're about to see it unravel right there. there you go. baseball crowned a new champion, the royals defeated the mets 7-2 in 12 innings and won the series in five games. the first world series for the royals in 30 years. now, mets manager, terry collins, he left pitcher matt harvey in the game during the 9th inning while the mets had the lead. this proved to be the fatal decision. royals win in five. to the markets monday morning, remember, please, we're coming

off a terrific month, the best month, that would be october, in four years. we're going to open higher this morning. how about that? stay tuned, everybody, we're going up again, a little bit. take a look at chipotle more than 40 stores closed in seattle because of an e. coli outbreak. that stock will be down, 20, 25 bucks. gas, oh, oh. ashley:: don't panic. stuart: i paid a buck 79 in new jersey, okay, now, south carolina. >> have to be in new jersey. stuart: stop it. we'll get to that in a moment. having announced your presence. the cheapest gas in the nation is in south carolina where the average is $1.87. the most expensive in the continental united states is california which is almost $1 higher than that. they're close to three bucks a gallon. okay, to the russian plane mystery, please? now we've learned that the

passenger jet that crashed in egypt's sinai peninsula with 224 people on board broke apart in flight. the tail section was found away from the fuselage, suggesting was cut away in the air. colonel ralph peters, i know it's speculation bus i'm saying if it were terrorism that would reflect very badly on russian president putin. it would be taken as a signal of payback. >> sadly appropriate to be talking about this on all souls day, but you're absolutely right. we still do not know and i have to stress that we don't know what brought the plane down. it may have been a technical maintenance issue. the russians do maintenance with sledgehammers and splash on the vodka, too. stuart: that's terrible, ralph. >> hey, i am not kidding. i've been there, i know those guys.

but seriously, you're right, it could be payback and very timely payback after only a month of putin's intervention in syria, but if it were terrorism, it would be more than that. it would not only be revenge and embarrassing putin and challenging his narrative visibility, but they get to hit each of two, the lcc government has been cracking down on terrorism and there's a template for the economic attack. remember, the islamic state attacked the tourist industry and egypt's tourism, and sharm el-sheikh, their number one class resort, when you look at coincidences, it makes me lean toward an innovative bomb, and in al qaeda, there are new kinds of bombs. boy, this smells. stuart: i was talking earlier with ambassador john bolten he

says if it's terrorism and was isis one of the worst things they would have done, putin would never forgive it and forgot it and bomb the devil out of it, put it like that. what do you say to that? >> islamic state and isis are tougher nuts than putin is used to. when he went in there in the second chechen war and the boundaries, it was a contained local problem. the islamic state is truly international, if not global and even with russian air power, the assad government and iranians are making progress in the ground in syria and islamic state is counterattacking. if putin want to go all in, he would hammer out the islamic state. and they think asymmetrically, if they can't knock his war planes out of the sky, knock a passer j plane out of the sky. i've got to stress we don't know what happened and unless

russia shares the black boxes without tampering, we may never really know. stuart: well said, this story could break wide open when we find out exactly what brought that down. >> and boy, it would be a humiliation for putin. stuart: it would indeed. ralph peters, we'll see you soon. >> thank you, stuart. stuart: he announced for the presidency in june of this year and since then, what, a headline a day from the donald? the latest headline is a warning for the wall street journal. a quote, the wall street journal loves to write badly about me. they better be careful or i'll unleash big time on it. and you've been writing badly about donald trump? >> if you know what donald trump means you should ask donald trump because in the same breath complimented my colleague james freeman. it's a bit schizophrenic. my thought about donald trump he wants to avoid talking about the details of the policy and a way to shut down debate and ironically, this is what the

political left likes to do. stuart: mary, look, i don't think that's his appeal. the details of donald trump's policy ideas are not what makes him popular. >> we're not talking about that, stuart, we're talking about the tweet. there are big questions na need to be asked of donald trump and-- >> he's come clean on the tax plan and i've go the a series of notes on what he proposes to do. >> it's a great tax plan. he doesn't allow expensing for businesses and tax companies abroad and the terrorist plan, the immigration plan are so anti-economic growth they swamp the positive qualities of the tax plan and no one asked him these questions at any of these three debates so i'm hoping that at the next debate, it will start be asked some tough questio questions. stuart: mary kissel this morning, dismissing threats from the donald. >> look at the va plan, not a sing

single detail in there, a lot of big words, but-- >> you know, ashley and i, all we tear about is a tax cut. >> you want a tax cut. >> a tax cut in an economy those growing at zero percent is not helpful to you, stuart. >> are you kidding me? >> 20% tariff on imports. sharply reduce illegal immigration and that would crush our economy. stuart: i like that tax plan. >> you can't look at it in isolation. stuart: and i think we're done there, stay for a couple of more. and this is a serious one here, chipotle closing a total of 43 stores throughout the pacific northwest. there's an e. coli scare. jo ling kent with us in case we missed it. >> they're closing in seattle, washington, portland, oregon due to a reported e. coli

outbreak after 20 people have been sickened by the bacteria. and more kids might be more addicted to screen time. a small survey in philadelphia found 75% of children underage of five use mobile devices and a two-year-old to use a smart phone or a tablet daily. the toys are back and not sold at gas stations, they're available on-line. when they went on-line, the website can't work and they're treating, we're story for the inconvenience, we'll be back live on hess. stuart: that's like healthcare.gov a couple years ago. that a cheap shot? >> health care, toys. stuart: we're putting two

stories to it, he thinks that global warming is a real issue, but there's a nasa study that shows that ice in antarctica is growing. and boots on the ground, president obama, he says, looks weak with what he's doing now with boots on the ground. watch this. >> sending 50 american special forces into syria in the eyes of isil shows that obama is not all in. it is a sign of weakness to isil. they've sized obama up and think he's weak.

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awe believe active management can protect capital long term. active management can tap global insights. active management can seek to outperform. that's the power of active management. >> the u.s. navy found wreckage off the bahamas they believe to be the missing el faro cargo ship after it sailed into joaquin. they've filed a lawsuit for the owners to get away on liability.

and let's bring in lindsay graham, republican senator from south carolina. welcome back to the program. good to have you with us. >> thank you, i'm a regular now. stuart: if you're not careful, you'll be a regular. now, you stake out a very strong position. you want boots on the ground. you want them back in iran -- iraq and in syria. what do you make of the president's move to send up to 50 special ops. >> pathetically weak. until be seen by isil that the president is not all in in their destruction. what do i want, stuart? i want to destroy isil before they hit our homeland. these people are the most radical islamic group on the planet, they like al qaeda look like the rotary club. you can't compromise with them, you can't appease them. you have to destroy them. you need a ground component. 50 americans are being put in harm's way without chance of success. can i tell you what i'd do briefly in terms of destroying isil? >> go.

>> i'd have a no-fly zone in syria so the syrian people don't have to leave their country and overrun jordan and lebanon and europe and start training people inside the country, that won't be enough. go to the arabs, turkey and the arabs, saudi arabia, egypt they all have very large army. i'd train syrians, enlist regional armies and we would be part of that force. 90% of the force would come from inside syria and the region. 10% from us, and we would go in and destroy isil and the region would pay for this war. we've paid for the last two i'd destroy these guys before they hit our homeland. stuart: senator, i think you probably take the strongest position of any of the candidates on the republican side. >> yes. stuart: i've got to move on because he have a he got this report at that came out this morning from nasa. >> sure. stuart: it says that antarctica is gaining more ice, in fact, more ice in antarctica than since any time since records

began. you say that global warming is real, it's happening now and we need legislation. how do you account for this new information from nasa. >> well, number one, i talked to a climatologist. i've been to the arctic, greenland, alaska. the co 2 that hundreds of millions of cars and creating along with power plants. i believe they're creating affects that trap heat. the planet is warming up. when you ask the democrats is the biggest threat to america, they say global warming. that's ridiculous. i'd find the oil and gas we own and export it to europe to under cut putin's monopoly and find fossil fuels in america and use less to become energy independent. i'll accept the science, but i want a business friendly solution. stuart: that would be fairly

expensive for the country, but how do you cat -- account for the report from nasa, a lot more ice in the south powell. >> nasa doesn't dispute global warm, reporting more ice. the scientists in this, i'm not a scientists and got the grades to prove it. the people who study this for a living saying that the greenhouse gas effect is real. it makes sense to me, acid rain is real. what you put in the air has a feblth. al gore made climate change a religion. here are the benefits of trying to go to a lower carbon economy, energy independent, create jobs in the process making the planet a safer healthier place is a good thing. i want to create jobs and it's know the a religion to me as a problem and nice not to buy oil from the people in the mideast who hate your guts. stuart: senator graham. thank you for another appearance on "varney & company." appreciate it, sir. >> i'll be back. stuart: like i said, if you're not careful, you will.

thanks very much. a reminder to everyone, please, fox business and the wall street journal bring you the next debate. we'll go at it on november the 10th, that will be next tuesday, that will be here on the fox business network. next, another hit to fantasy football. redskins player peter garcon leading a class action lawsuit against fanduel on behalf of all players. and he could win. more varney in a moment. we live in a pick and choose world.

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call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance. >> redskins player garcon is suing fantasy football for using his name without permission. jared, how bad is this for fanduel? it looks like another hit. >> fanduel and draftkings are holding big bags of money. and we see, there's money, and where is my cut? not only now we have a player, hey, you're essentially making money and profiting off my name, i did not give you permission to use my ad--

in ads did not use my permission to use my face or likeness, there's one and attack you have, politicians going-- >> do you think that pierre garcon could win? >> there are other skilled positions that signed with him and another shot at the guys holding big bags of money. use my likeness and i'm doing the work and you get the money. s' got a point. >> look how many rock stars have sued the music industry. >> i watched a game and didn't see the ads all over the place. you see them everywhere. tiger woods caddy how he was treated.

he would flip the club in the direction of the bag and expected me to pick it up like i was kind of his slave. and that's inflammatory. >> with all due respect to people who caddy, you're the caddy, not the star and tiger woods was the big egest star. if he happens to flip the club over. to use that term slave, it's really inflammatory and i think it's when i just read the headline i thought, whoa, and read what he said. >> looking for the headline, looking to sell a book, inflammatory, but it's bad publicity for tiger woods. >> that's not for tiger, he doesn't like how tiger would spit at the hole. it's open hundred dollarsing season on tiger woods and fantasy sports leagues. stuart: do you think he'll he ever come back. >> and how many times we would

say he's going to do it and come back. now we have jordan spieth and rory mcel roy. stuart: times have changed completely. the up and comers in 20's. >> and tiger is now eldrick woods all over again. stuart: oh. look at dow futures, we're going to open higher, that's good news, october was the best month for stocks in four years, i'm going to call it a crisis, dozens closed because of an e. coli scare and health officials think more people will get sick. the stock will take a hit. back in a moment. the future belongs to the fast.

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>> if it were terrorism, it would be even more than that, it would not only be revenge and embarrassing putin and challenging his narrative visibility, but they get to hit each of two, the al-sisi government has been cracking down on terrorism and there's a template for the economic attack. stuart: interesting story there from colonel ralph peters. what happens if it is indeed terrorism that brought down that russian plane.

bad news for putin and bad news for egypt as well. the opening bell will ring 15 seconds from now. this is coming off a terrific month of october. the best single month in four years for the dow jones industrial average. it closed out 17,600 that was on friday liz: at the worst quarter in three years, four years, yes. stuart: all the way back with the best month in october. we like it. we're up 11 points. and completely different story here. chipotle i'm talking crisis, more than 40-- 43 stores closed and because of an e. coli outbreak and that stock is down 30 bucks as we speak. more of this from ashley webster, liz macdonald. scott shellady is with us and market watcher, keith

fitz-gerald as well. this is a black eye for a company that has health food. could this make chipotle no longer a wall street darling? it's been a darling for a long time. >> i think that traders are going to seize upon that, stuart, as an investor i'm not particularly concerned. this stuff comes and goes. the reason why they have the problem is because they deal with fresh ingredients. once they come back to it, the market comes back because they'll prefer it as opposed to fast casual dining. e.coli and you say that word and it's terrible pr, isn't it? >> awful. >> i just ate-- i just ate there last week so i'm sitting here wondering do i need to do anything? i'm in seattle portland nexus liz: not to gross people out, but it's basically manure on food products. you can't take antibiotics to get rid of it, it has to pass through, and can cause organ failure.

stuart: this is the lowest price since the first week of july of this year and that thing has really, really come down there. if you're selling healthy food, your mantra and you have e. coli that shuts down 43 restaurants, you have have pr problem liz: they've had norovirus and other restaurants and 43 stores shut in two states. stuart: that actually had-- >> i've had salmonella which is equally horrible. no commission there, check please. stuart: more evidence of a real slowdown in china. it comes from the manufacturing sector really slowing down there. keith, you're our asia watcher. the market appears to be shrugging off bad news from china because the fed will not raise interest rates. are we on to that again? >> i think we're into that. but don't forget, china is making a shift from a

production based economy, i don't buy off on the nation that industrial output is going to crater. >> scott shellady, come into this, please, because you've long told us that the whole world is slowing do unand printing and slowing down. now big time evidence that china is slowing more than we thought and yet, it seems to have no impact here, you want to explain this, scott? >> i mean, it's like asking me on friday, how to explain the stock market rally in the face of negative news, three weeks straight in a row. i'll say this, i think it involume validates the rate cut and the gdp that they thought they had. number two, a huge headline nobody is talking about this morning, stuart. european debt due in five years is trading at a negative interest rate for the first time ever. five year debt in europe, that's big news. >> hold on a second, i've got to get a grip for this.

if i lend money to a european government for a five-year period and at the end of the five years, i get back less than i gave them in the first place, is that accurate? >> yeah, that's accurate, it's a blended rate of all of european countries, so, there are some that are still positive, but as a group for the first time ever, that group of european debt, that matures in five years will give you back less money as a negative interest rate. what does that tell you? >> why would you do it? >> yeah, scott, could many back, you've got to sort this out. what does that tell you about europe or the global economy or whatever? >> well, if somebody is still willing to do that, stuart, that tells you this'll take less capital back in five year's time for the safety of that capital rather than deploy is in the market who they don't trust right now. now a negative interest rate save for the five year european basket of debt and our stock market is taking off. something do nt--

doesn't add up here and they're going into the debt instruments. >> i've got that. ashley: safer putting it under your mattress. you don't lose anything. stuart: except the mattress. let's go to the mattresses. [laughter] >> all right, all right. listen to this, a rare discount from apple. here is how it works, if you buy the apple watch and the iphone six tonight, i think, liz, you get a discount on the watch? liz: woo hoo, $50. so it's basically apple saying, trying to rebut the argument, what is the need and expense of the apple watch, if you get the $50 if you buy the phone, too, so it's the apple watch plus the phone, so you also, you can't do it on-line, you have to go in the store. they're test driving this in san francisco bay area and boston, limited run. ashley: does this speak to the poor showing for watches liz: the question mark holding over apple. 4 million estimated sold maybe a billion bucks, they're coming

into the holiday season, they need some excitement. stuart: maybe 4 million, peanuts. and what about the profits after the bell today, ash, and this is a one-- can i dismiss it as a one-trick pony, like gopro. ashley: it's doing very well. the ref into you expected in this quarter to be up 130% year over year, it's a growing market the wearable fitness market. they've got competition from apple with the watch and it's perhaps not doing that great and there's a lot of room in this film. it ipo 'd mid june so about five months ago, 20 bucks a share so doubled that since it ipo'd liz: 4 million, lower case apple watches. stuart: there's one who is betting big time against

valeant pharmaceuticals. he's pulling back and he hinted he would drop another bombshell about the drug maker. he's pulling back and who is this person. >> he's the one who caused the stock to nosedive. we will get a report from him today and stay on the story. goldman sachs putting out a downgrade on the stock saying the business model is under fire and under question. stuart: who has a chunk of that. >> he owns 2 1/2 billion worth of the shares. he was out defending it. >> he's underwater at the moment. stuart: visa is buying its former subsidiary visa europe. guess what they're paying? $18 billion, right, nicole? >> right now you're seeing the stock down 3 and 1/3% the top loser in the s&p 500. why are they doing this, why would they go out and spend this money? what they want to do is compete against mastercard. so this used to be a cooperation of all the global banks together. back in 2007 and now, they're

picking up that last piece and so, this will obviously make them more competitive. particularly in europe. stuart: we've got that, nicole, thanks very much indeed. i will be watching tomorrow morning alt 5:00 when you open up the day on fox business, great show. fbn, 5 m a -- am. we were walking one trick ponies, that hit an all-time low. sharp contrast to fit bit which has a single line of products, which is now at 40, double its ipo price. and how about sprint? big time cost cutting measures, including no more snacks for employees. keith fitz, did i hear you laughing? >> that is a complete surrender in the wireless wars and dare i say it will be on death stock watch. stuart: why?

>> you can't dig as deep as they're going to dig without having serious business problems and companies making these kinds of moves where they're cutting out things that are formerly frivolous, a sign of a lot deeper trouble and wouldn't touch that stock with a 10-foot pole. stuart: ♪ all you have to say is death watch and we'll play the organ music. and clorox, higher profits, but standing by the down beat outlook, the market doesn't care, it's up 3%. estee lauder is reporting higher sales. look at that, 9% higher on estee lauder. open enrollment is underway for obamacare, premiums for the second lowest priced insurance product, that would be the sill veer plan, those premiums up 7 1/2% on average across the three dozen are 0 so states that rely on healthcare.gov, that particular marketplace. that's one of the reasons

people are reluctant to spend money, the premiums for health care has gone straight up and deductibles are huge liz: most of the market is 18 to 34 year olds and people going into the exchanges and saying, now what? we're going to pay the obamacare tax penalty instead of paying this. ashley: they're holding out. stuart: i think the wall street journal says an article, slow death or unwinding. >> health insurers are shutting down. stuart: scott shellady while i've got you there, i have to go back here on one issue, the price of gasoline went up over the weekend and i am bitterly disappointed. don't hold your head in shame and start laughing. i want to know am i going to get $2 national average gas by christmas and you're the man who tell me. >> i think you will, but a caveat, it's not going to happen overnight. slowly, but surely we'll get there, yes. i mean, hey, a lot to do with

the fact we've got double the demand and quadruple the supply and the u.s. economy not firing on all cylinders and we'll have a glut and work through that. stuart: anybody who calls me young is back on the show permanently, co-anchor? that's fine with me. quick reminder, please. fox business, the journal, they're teaming up for the great debate. at it on november the 10th, next tuesday, that is, right here on the fox business network. check our big board. we're up more than expected and now we're up 61 points, 17,725. next, another huge release of hillary clinton's personal e-mails, among them a warning over benghazi, why she was told to stop blaming a controversy youtube video. she was told don't use that. a retired wounded veteran who lost both of his legs in afghanistan is running for congress and he's on his way into this studio. he will join us momentarily. can a business have a mind?

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>> look at this, you can kind of see the effect here. the thick fog, and sometimes shrouded in this stuff. dozens of flights canceled in and out of the u.k. today. a fog hits london. we thought you ought to know. my next guest has strong feelings about sending more

u.s. service people to syria, he's a former army special ops veteran. after losing both legs to a land mine in afghanistan. now he's running as a republican for congress in florida. we're honored to have brian with us on the show. >> thanks for having me. stuart: before we go further we saw you walking into the studio and you've got both legs amputated below the knee. >> just above the knee. stuart: you've got prosecutor threprosecutor-- prosthetics. >> i don't know that losing this is to be a reason for public office. the military is a great reason to move on-- >> let me ask this, are you using your prosthetics for election? that's harsh, but-- >> there's nothing about losing

two legs that should get anybody to elected to office, it should be our principals and policies and what we can do for the american people. stuart: do you want to put a lot more special ops people in syria, boots on the ground. >> if we're going into syria with special operations and do boots on the ground then it needs to look like the sweep we did across afghanistan following events of 9/11, task force dagger with special operation forces that destroyed the al qaeda network. stuart: a lot more than the president is proposing. >> certainly, 50 troops on top of the 50 troops already there, special operations force, that's a joke. that's checking the box which i think what the obama administration has been doing all along with foreign policy. stuart: do you think that america wants that at this moment? i think there's a very strong feeling in the country that says, no, we don't want to do this, no more of that. >> i think the united states of america want us, if we're going to conduct foreign policy to do it in a way that we're doing it to win. if we're going to conduct an air campaign, it should look

like shock and awe. conduct a ground campaign, it should look seriously we need to put the troops on the ground, as safe as we can. it's never going to be inherently safe. stuart: which constituent. >> florida's 18th congressional district, people can find out about that on mastforcongress. stuart: which area? >> known as the old allen west. stuart: are you contested or-- >> i'm going to be in the republican lineup. what we have is a republican leaning seat and we have the democratic incumbent patrick murphy is leaving to run for marco rubio's open senate seat, it's a likely republican pickup seat. stuart: we appreciate it. >> thank you, sir. stuart: coming up, new hillary clinton e-mails, days after the

attack in benghazi, the state department said don't blame the video, but she kept on doing it. the judge on that in had a moment. at ally bank no branches equals great rates. it's a fact. kind of like playing the boss equals the boss wins. wow!

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>> she lies, very simple, she is not telling the truth. she tells me personally it was the video. obama told me. i still don't know. the government has never told me. stuart: that was patricia smith, mother of sean smith one of the four americans killed in the benghazi attack. she'll be joining us today at 11:15. how does she feel about the government's handling of the benghazi incident. she's on the show. look at the dow jones industrial average, again, we're going to say that it's coming 0 of the best month in four years and today this morning, starting trading for november. we're up. and chipotle more than 40 stores closed in seattle and portland because after e. coli outbreak and the stock is down 3%. $21. new e-mails released show hillary clinton was warned about blaming the benghazi attack on a video. she was told and here is the quote, the film's not as explosive of an issue here as it appears in the countries in

the region and becoming increasingly clear that series of events in benghazi was much more terror attack than a protest which escalated into violence. judge andrew napitano is here. that's a straight contradiction. >> yes, and the e-mail you just read was not sent by some political hack, it was not sent by a republican trying to taunt her, it was sent by the person in charge of the united states embassy in tripoli after ambassador stevens had been murdered. a person who worked for mrs. clinton. a full-time diplomatic employee of the state department. basically saying, stop with the video nonsense, and libyan haven't seen that. when you have sean smith's mother on, i believe that mrs. smith was present when her son's body and the body of the others were received at an american military base, who spoke at that military base, secretary clinton, now a week

after the murders, what did she says, it was a spontaneous demonstration as a result of the video. she was lying and she knew she was lying. stuart: she did it for political purposes. >> absolutely. because if she had to admit the truth, the truth is an awful and horrific truth, the truth is that she violated federal criminal law by providing material assistance to terrorists because the weapons that killed sean smith and ambassador stevens and the others were american military weapons sold to qatar, passed to the rebels, got into the hands of al qaeda and used against our own people and mrs. clinton facilitated that. stuart: here is the response. it's all over, it's all done with, hillary clinton sat for 11 hours under the scrutiny of republicans in congress and came out clean as a whistle. this is over, forget about it, move on, get lost. >> that's an argument a lot of people would make, but she did not come off clean as a whistle. she came off as the mistress of deception because her willingness to deceive was so,

so natural and palpable, but she also forgot that other audience to which she was speaking, the federal prosecutors and fbi agents who are investigating her. they're looking for deception, a willingness to deceive and perjury and i suggest to you, stuart, they found all three in her testimony. stuart: to the mother of sean smith, that will be a terrible thing. >> of course. stuart: to lie about the death of her son and to play politics with the death of her son. >> well, but i have to-- >> i don't know how to say this, but does the country believe that that is sufficiently big a deal because she played politics with the death of four americans, to count her out of the presidential race? the answer is no. the country does not feel like that. >> well, the hard core democrats who love her and want her in the white house because she will be the first woman there will support her i think no matter what. she cannot win with just that group. she has to have independent voters and i think many independents will say this person simply cannot be

trusted. one of the e-mails that congressman gowdy showed that she e-mailed her daughter chelsea and the then egyptian prime minister 12 hours after ambassador stevens was murdered saying it was done by al qaeda. so she, again, was lying and knew she was lying. stuart: it wasn't the video. judge, we'll see you in the 11:00 hour. thank you very much, sir. >> you're welcome. stuart: for fallout for the users of the cheating website, ashley madison, hackers now extorting users and payoff or we'll have personal details of your life exposed. and a wealthy man saying tax me, tax me, i need to pay more, he's on the show. second hour of "varney & company" on the way. technology empowers us to achieve more.

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>> stuart: here is what we are watching this hour. 10:00 o'clock eastern. joe pulled a hitting its lowest level. and e. coli outbreak.

new e-mail from hillary clinton. warned by the state department, stop blaming the attack on a video. call it what it is. a terrorist attack. two ohio. floating on legalized marijuana. tomorrow. a monopoly could be created. that is new. a billionaire taking even more of his money in taxes. "varney & company" the second hour starts right now. ♪ stuart: plane mystery. the passenger jet that crash and e.g. -- egypt's sinai peninsula

broke apart midflight. >> if it were terrorism, it would be even more than that. they get to hit egypt, two. cracking down hard on islamic terrorism. there is a template for the economic impact. stuart: we will have more on this later this hour. check the big board, please. the dow at 17,700. go pro, pro, that is a new all-time low. all-time low. how about clorox. it is supposedly standing by its downbeat outlook. the price of oil go nowhere. still in that mid- 40s dollar barrel range. 219.

we still have south carolina as the cheapest state here and $1.87. california, about $1 more than that. just shy of $3 a gallon. $1.79 in new jersey on saturday. i will keep on that one tank of gas. serious stuff. serial last hour. lindsey graham. putting boots on the ground. >> these people the most radical islamic. you cannot compromise with them. you cannot appease them. you have to destroy them. fifty americans being put in harms way.

secretary of defense. welcome to the program. >> thank you. stuart: a strong and hard-line position. he wants more boots on the ground. you were there. all of those years ago. deciding whether to go in 03 or whether or not to. what do you say now? >> i think before we do what senator graham is calling for, the deployment of large numbers, we want to try to use our special operators in conjunction with the local groups on the ground. it may be too little too late. i think 50 guys is too little. we need more special operators and more air power. he is right.

we do need to go in and crush isis. stuart: where does the country stand on this? do you think that america really wants a large ground force? did they want that right now? do they? >> i think that we underestimate the american people. making the case with a need to do this. it is not just in iraqi and serious problem. it is a region and world problem. we stay in there for five years, yes, it will be a problem. isis needs to be crushed. we should do it. he has to make that case for the american people. stuart: i do not want to rehash history. donald trump is saying that kind of thing. you were there.

making those decisions way back when. >> well, i was the guy that read the intelligence for secretary rumsfeld before i handed it to him. our intel, british, french, german, russian, all of it said they had weapons of mass distraction. they would be willing to use them. they acted on the intelligence. they fooled all of us. it is with hindsight. maybe we should not have. at the time, it seemed like the correct thing to do. stuart: can you confirm a story for me? i am told that in the very early days of the war, we figured out where a senior al qaeda leader was in afghanistan.

the lawyer said, no, you cannot do that. is that true? >> that is not true. we did have some early on discussions like that. rumsfeld shut the lawyers down. that is not a lawyer condition, it is a manager. stuart: i wanted to make a point that he opposed the lawyers on that particular issue. look at the share price of apple. some kind of a discount. buy an iphone, get $50 off. make the interpretation. >> for apple to offer a discount, exceedingly rare.

stuart: november 15 and you cannot do it online. test driving it right now. stuart: it does not seem like too much. not a success thus far. how many did they sell? >> 4 million estimated. >> $1 billion in sales. stuart: look at the big board, please. a nice rally. of 85 points. michael aced her and is with us. taking a little bit of money off the table and sleep well at night. are you still sticking with that right now? >> i do, stuart. thank you for having me. the market is up.

people need to be aware that, yeah, the market does correct itself. we are due for one of those corrections. taking some gains off the table could be a prudent step right now. stuart: i am in my mid- to late 60s. you are saying it is taking money off the table. where does that money go? if it is not in stocks, where do i put it? >> generally considered to be less risky. individual corporate bonds or municipal bonds. preferred stocks for example. those all tend to generate interest and dividends. they are predictable. even those that would tend to be a little more conservative, this would be the type of investments that they should spend time in. stuart: i have 30 seconds left.

you like amazon and google. do you still like them? >> yeah, i do. disruptors in their industry. change the way that people process transactions. they change the entire industry and they are doing a great job. they understand their business model, they have a lot to cash. there is still some room there. stuart: we appreciate you being with us. how about valley and pharmaceuticals. they did take a huge beating after a research firm accused them of inflating their revenue. >> the report that caused the stock to slide did this company lost nearly 40% of its market cap. the specialty pharmacy.

goldman sachs, out with a really damaging report. they have lost investor confidence. it will be a long road for valley and. they only cut ties so that, valley and only cut ties after three pharmacy benefit managers. stuart: a whole lot of hedge fund managers invested in valley and. >> concern of maybe a con plague of interest. you bet that the stock will go down. >> then you bring out a damaging waterfall. stuart: the part of the show that i really enjoy. "in case you missed it." i do miss a lot of things. jill ling kent keeps us up on a lot of things. our national security at risk because of chinese partners.

jo ling: technology companies of making companies and putting the u.s. at risk. ibm's partnership in china is hurting america national security. ibm is endangering the national economic security of the u.s. by providing the government with the means to perfect and innovate on high level technology. according to the study, ibm has sold to build very high performance. military wireless communications. satellite navigation and control of equipment for the pla. ibm told the "new york times" holding this characterizes ibm's initiatives in china." it is there to help the it industry.

working with the ibm is using the technology to build the own industry to dependent on american products. cisco and microsoft also sharing technology. seen as a major business boom for them to make more money. there is this ongoing debate. stuart: how much do you give them to get in? >> that's right. stuart: more bad news for people that were using the cheat on your wife website. hackers are extorting some of the sites former users. here is the video of the day. robots walking on all fours. they are riding motorcycles to boot. meet the moto box. a specially designed robot by yamaha. they test bikes before humans get on them.

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stuart: not a bad way to start a monday morning. seventy points after a great week in october. tesla reports profits tomorrow. they have a 3% gain. well above 200. estée lauder better profit, better sales. up 8%. chipotle. watch out. big trouble for them. they pride their -- they pride themselves on healthy food here it is possible e. coli outbreak. ashley: they have caught those losses in half. maybe not quite the selloff we were expecting. stuart: not a bad pr event.

cheryl: it is not great. these things happen. overall, people still like chipotle. they do. they like the product. you say it is expensive rice and beans. [laughter] stuart: healthy eating, but it is happening. liz: i still go there. i like it. healthy e. coli this morning unfortunately. stuart: listen to this one, everybody. bad news for hacked users on that cheating website ashley madison. some users are receiving extortion letters. we have a lawyer with us. emily. someone goes on the website. will feel all wiehl all about their preferences for a mate and partner. now the website is hacked. those details are exposed. what is happening now?

some of the users are receiving extortion letters? >> bees extortionists are opportunists. demonstrating the impact of hacking. the users were hacked. the data is being sold to other groups. they come in and try to blackmail the members. right now they are getting these letters saying we will tell your family and friends you are a member. that is the baseline. it can go on to professionally ruined information. stuart: do the people that receive these extortion letters, do they have any recourse at all? it was them who put that personal information online. >> extortion is always illegal no matter what. that is what is tricky here. we like to confront the attacker in court. there is no way that is going to happen here.

how can you qualify these damages when you are going after these attempted extortionists? that was really embarrassing. stuart: could use -- could you sue the website? it is their fault. their mistake. their liability. >> that is the growing trend. you have to have faith in your employer or this highly sensitive website. the impact is so great. stuart: a website of that kind, they will not do much business in the future. what is the point of going on the website in the first place? is this the end of those websites? >> i doubt it. i think there is always the allure for certain people.

what we will see is the trend facing import. that will be the commodity to succeed in that industry. >> i want to change the subject completely. what is the story there? chipotle has closed stores because of e. coli in that area. >> they are expressing the same shock and disappointment you were expressing earlier. it is beyond disappointing and frightening. it is truly shocking. hopefully recourse. we can cover it. this restaurant is making amends and bouncing back. stuart: thank you for joining us. we appreciate you being with us.

>> another state. ohio. voting on whether or not to legalize marijuana tomorrow. they could be creating a monopoly. a legalized monopoly. how about that. my take on it next. ♪ the future belongs to the fast. and to help you accelerate, we've created a new company... one totally focused on what's next for your business. the true partnership where people,technology and ideas push everyone forward. accelerating innovation.

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perfect driving record. >>perfect. no tickets. no accidents... >>that is until one of you clips a food truck, ruining your perfect record. >>yup... now, you would think your insurance company would cut you some slack, right? >>no. your insurance rates go through the roof. your perfect record doesn't get you anything.

>>anything. perfect! for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. and if you do have an accident, our claim centers are available to assist you 24/7. for a free quote, call liberty mutual at switch to liberty mutual and you could save up to $509 call today at see car insurance in a whole new light. liberty mutual insurance. stuart: the latest on the russian plane. james clapper says, we do not have a direct evidence of any

terrorist involvement yet. the capability to shoot down a plane. unlikely. quoting would not rule it out. coming up shortly, a millionaire saying the rich are not paying their fair share in taxes. he will be here to make his case. 10:45 a.m. tomorrow, ohio vote on legalizing marijuana. this is a vote worth watching. first, ohio is a key state in presidential elections. opposed to legalization. what happened if voters in his home state go against him? recent polls show the pro- legalization people are ahead. second, the ballot measure sets up a marijuana growers monopoly. only 10 farms would be allowed

to grow with. no surprise the farmers funded the ballot measure. relatives of a past president. nicholas shay, the former president -- the former husband of jessica simpson. colorado, recreational weed is already legal. $94 million next year. oh hi zero by population is a much bigger stage. will ohio voters allow a legal monopoly to control their weed supply? losing an important state in next years election. is it unstoppable? someone else who will be watching the vote. hillary clinton.

what will she say about legalization if ohio voters say yes? ♪

stuart: look here. one hour into the trading session on a monday morning. look at this. hewlett-packard split into. started trading separately. hp does personal printers and computers. corporate enterprise and services. one up and one down. a look at zero hi zero again. republican strategist is with us. most were focal -- most of the looking candidates do not support legalization. do you think that that may hurt

them in the election next year? >> no, i do not think that it will. the reason this is a controversial subject is because the war on drugs has gone too far. it is to take a closer look at our sentencing laws. the fact is, we are incarcerating far too many people. we are putting people in jail that do not need to be in jail for long periods of time. it has created an incentive and drive for legalization. stuart: could this be another social issue in which republicans loose because public opinion has changed very rapidly? public opinion changed on that remarkably quickly.

the same thing is going on with legalizing marijuana. >> if you do not dwell on the issue of drug legalization and instead talk about the war on drugs and how that has gone too far, criminal justice reform to change some of these drug laws that are crazy that have put people in jail, on the lefty of cory booker, on the left you have guys like rand paul. the more i think that will diffuse the issue. that is the bigger social issue, by far. in issue of incarceration. >> i think to a lot of people, legal weed is an important issue. even the baby boomers that started this whole thing back in the 1960s.

that is a big issue for those folks. legal, it yes or no. a suspicion on the wrong side. >> i think that there is a way to answer this. both states could have some leeway, obviously. gop candidates will be hesitant to change drug laws. there are unintended consequences. i think it can come out in a debate and during a presidential campaign. you are right, people care about it. it is not a top-tier issue. the economy depends on drug legalization. we are in a world of hurt. stuart: interested to see if ohio says, yes, legalize it. what will hillary clinton say.

john hart, out of time. they give for joining us. more political action. fox business hosting the next republican debate. that will be next tuesday. november 10. it is here on the fox business network. look at valiant again, please. citron research saying its new report on valiant offers no new allegations. our work is done here. betting against valiant. thirty, 40%. now they say we have nothing new. bouncing back up again and eight and a half percent. hillary clinton e-mails. according to those e-mails, right after the attack in benghazi. do not blame the video. she kept on doing just that,

however. operation dark heart. lieutenant colonel anthony schaeffer is with us now. we all thought the benghazi hearings -- it was a done deal. everyone said moveon. now this. what do you make of this. >> clearly, there is a lot more. i find it interesting that both during the hearings there was confirmation that she was telling the foreign minister of libya and, the former minister of egypt, it is not the video. this backs up the fact that she knew. congress is going to have to look at some sort of additional potential charges against her. she said she turned over all of

her e-mails. clearly, that is not the case. stuart: i want to move on to that term. the russian plane downed over the sinai peninsula. this morning we hear from james clapper they have not yet decided whether it was indeed a terror attack. there is a lot of speculation about it. what i want to know is this. if it was a terror attack, if it was, we do not know, but if it was, it would be extremely bad news for vladimir putin. >> absolutely. they have interdicted a number of folks in syria. i think that this may be one of them.

i do not see the russians backing off. i see putin doubling down on this. it does not always pay off for them. >> ambassador john bolton. one of the worst mistakes they have ever made. pooch in will blow them out of the water. >> absolutely. we both recognize isis. clearly, we want to go after isis. i think that we should in this case. stuart: same question where vast everyone else. special ops people. is that enough? what say you? >> i do not believe the american people are for expansion.

i do think that they are supportive to enable our allies. that is really what is going on here. persevering fighters on the ground. the idea here is let's go in and help those that have been winning. a step away from the iraqi government. i do not think that this is a large expansion. i think it is an admission of something we were already doing. i think we need to work with our allies. to counter this russian damascus pack, if you will. i think that this is going in the right direction. stuart: thank you for joining us. let's get to the sector report. cheryl is standing by. cheryl: it is apple today.

a report coming out over the weekend. if you go into the store and you buy a new phone, you can get the watch at 50 off. there have been a lot of questions about that watch. they did not talk about the watch. they did not talk about the numbers. not a good thing. stuart: buying a new apple iphone six. >> confirmation. >> there you go. >> beyond boston and san francisco bay area is. stuart: i presume so, yes. our producer was in the store right here in new york city, i believe. ashley: did he buy the watch?

adam: i do not believe so. yet another millionaire saying that the wealthy are not paying their fair share in taxes. he will try to convince me after this. ♪ glad i could help you plan for your retirement.

alright, kelly and promise me that you'll try that taco place on south street. and we have portfolio planning tools to help you manage your ira. yeah, you're old 401k give me your phone. the rollover consultants give you step-by-step help. no set-up fees. use your potion. sorry, not you. my pleasure. goodnight, tim. for all the confidence you need. who's tim? td ameritrade. you got this. nicole: i am ♪ ♪ i am ♪ petallides with your fox business brief. right now we're seeing november kicking off. the dow jones industrial average up about 96 points. the nasdaq up 33. shrugging off the manufacturing

report. visa a ladder cisco systems to the downside as well. estée lauder. doing well. bobbi brown, smash box under the umbrella. a new hi there. price increases. that stock is up three points. start your day at the end a.m. 5:00 a.m. all the breaking news. ♪

stuart: there is what is called a cloud -based software maker. buying the online marketer. sign of the times, story. of 22%. kenyans won the new york city marathon for the third straight year. 26.2 miles. that is a marathon. mary khatami 33 years old. she became the first woman to

win back-to-back marathons since 2008. i was there. that was a terrific day. this gentleman, he says he wants to sue the administration. we declared venezuela a threat to national security. liz: a party for the first time in 16 years losing control of venezuela parliament. the constant street protests against the socialist party. what happened was president obama distracted it with a decree saying that they have used extraordinary military force. human rights violations. suing the u.s. in u.s. court. >> a last ditch effort. you may win.

>> despite all that oil it's bankrupt. stuart: now this. joining us now. waiting for this for a long time. a patriotic millionaire. a wealthy guy saying the rich are getting away with paying too little in taxes. let's narrow this down. you are not talking about raising taxes on everybody for everything. you are talking about getting rid of interest. the special tax rate, the trend. >> not actually investing money. getting these special tax rates. stuart: would you believe that i actually agree with you on this? you have convinced me that this is a narrow attack. you are only going after carried interest.

if i, for example, i own a house and sell it for a large profit, i am a wealthy guy, my capital gains tax does not go up. >> we are talking about the bills now in congress. changing the rules on passing through income. managers that do not invest money and get the benefit of long-term gains meant for investors. stuart: i think that that is right. >> we think that egregious example. >> if you thought i was going to attack you, you are sadly mistaken. let's move on to other territory. someone who lives in new york city and makes good money, 50, 55% tax on safe city and federal , roughly that level, you can accept that.

do you want to pay more? >> i think those that have more should pay. stuart: taking advantage of the government. they made that. more than 55% of the income and taxes? >> i think that 55% is probably enough. those people at the top of the income ladder, many of them are not paying that much. all kinds of things. using it to reduce the tax burden. rich people can always pay more. you are trying to force other people to pay more. >> we live in a community and would all have to contribute. >> half of your income goes. whose money is it? is it the government money or is it my money?

>> it is not the giving to the government. it is to use for community purposes. to pay for things like the internet which is created by taxpayer money. there is a reason that you live in new york city. >> spent effectively. i think a lot of people would be very happy to pay all this money. it is so badly spent. >> i think that we do better at shrinking the middle class. those people in the upper class have more. >> the last seven years. intense regulation and higher taxes. the middle class has shrunk. for seven years it has shrunk. how do you explain that? >> less opportunities. i think that those opportunities come from government programs.

stuart: we are out of time. i agree with you on ending carried interest for hedge fund managers. i disagree on everything else. it was a pleasure. >> thank you. always glad to be on your show, stuart. stuart: are you going to come back? >> anytime you have meet. stuart: you have a deal. have you ever tried to cancel your cable service, trish? it is not easy. you will spend hours on hold. we will talk to a guy who says he will cancel your cable for $5. flat out. he will do it. a cable tv trivia question for you. the answer after the break. ♪ you both have a

perfect driving record. >>perfect. no tickets. no accidents... >>that is until one of you clips a food truck, ruining your perfect record. >>yup... now, you would think your insurance company would cut you some slack, right? >>no. your insurance rates go through the roof. your perfect record doesn't get you anything. >>anything. perfect! for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident.

and if you do have an accident, our claim centers are available to assist you 24/7. for a free quote, call liberty mutual at switch to liberty mutual and you could save up to $509 call today at see car insurance in a whole new light. liberty mutual insurance.

stuart: we asked you the trivia question, how much does the average american pay for cable each month? you would be amazed. $161.12. cable internet, tv and phone services.

it is not cheap. check out these cable stocks. you can see most of them are of. moving slightly higher. cable, if you have ever tried to cancel your subscription, you may very well be in therapy right now. they could take that pain away for such a small fee. it sounds good. come on in. you charge people $5, good morning to you, to take away all the nightmares that we know it can be. you began the comcast. what kind of a response have you had? >> the response has been incredible. spending half an hour or 45 minutes on the phone getting paraded. you can go to a website and fill out a special form.

we will fill out everything for you for $5. stuart: this speaks volumes about comcast. maybe you should listen to this to improve your customer service. >> we have. we would love to have the opportunity to work with comcast. so far we have not gotten any interest. when there are people starting his this is that operate just to help customers feel better about your business, i think it does give you an opportunity to step back and say are we doing the right thing here. >> have you expanded this? including other companies? >> we are hard at work. the dmv is near the top of our list. stuart: we are already out of time. thank you so much.

thank you for taking away so much pain. more "varney & company" just three minutes away. ♪ ♪

. stuart: friday afternoon. the weekend begins. hillary clinton's e-mails are released, more information on the death of iran ambassador to libya. there's a bombshell discovery. right after the attack in benghazi, the state department was telling hillary don't blame the video. but she kept doing just that. she hid the truth to protect her reputation and support president obama's relike a. got it. did you hear about this? probably not. the establishment media buried the story if they reported it at all. another successful document dump on friday afternoon giving the media an excuse to drop the whole fortunately. why bring that up when people are enjoying their weekend? and besides everyone know benghazi is a dead issue; right? so the media encourages deception by

failing to report the facts. and then something else going on here. the good ol' double standard. can you imagine if a republican secretary of state serving in a republican administration had deceived the country on the true cause of our ambassador's death? you think the establishment media would just not report it? that is out of the question. it will be front page news, a republican would be hounded from office. the truth is america is not well served. there's nothing wrong with partisan positions of the editorial pages, got that, but there's everything wrong when a large chunk of the establishment fails to report events that don't conform to their view of the world. media bias on full display yet again. now consider this. today, nasa, nasa, reports the amount of ice in antarctica is growing, putting some doubt that some global warming theories are going the right way. that's nasa saying that. and it contradicts the

establishment media's opinion. let's see how much reporting they do on this story. ♪ ♪ . stuart: breaking news this hour. the chicago changes online trading platform apparently down. cheryl, please. >> this is a connect i have the issue what they're calling it, cme direct, yes, online trading at the cme, technical issue they're being specific, technical issue not everything is available. this is the way that the cme more and more like every exchange is now working electronically, when you have a system that goes down, always begs the question do you need physical traders, is it okay to go all electronic? when you have headlines like this crossing with the cmo right now, not affecting the stock, the stock is up 1.5%, and never good for the credibility of online trading . stuart: as of now, i can't

trade oil, wheat, beans, whatever. >> you couldn't log in. that's the problem. you couldn't even get into the system. . stuart: okay. look at the dow jones average, let's go to the stock market for a moment. dow industrial up 89, 90 points, 17.7 is where that is. stock of the day is probably chipotle. more than 40 stores closed in seattle and pot land because e. coli outbreak, down 2.5%. and now gopro hit an all-time low of 24.30 earlier, and now backed up 3 cents. and the makeup business is doing just fine, thank you very much, up 7%. media watcher, brett, favored guest on this program, just exercising his muscles there. okay, brett, now, your organization, you took a long look at last week's cnbc

debate. break it down for us. >> well, i think it was a complete debacle for the entire nbc brand and frankly protest the final straw. there was like no pretense of objectivity here. this was all about gotcha, all about attachments to trip up the candidates and not on serious stuff and there are intellectual dishonesty because cnbc presented itself as a network that was going to have serious discussion on economic issues. there was none of that going on. do you carry guns in your reports, donald trump. why is your face on a website? ben carson. so i think at the end of the day what was decided by the rnc chairman was long over due to walk away from the whole comcast brand. stuart: you broke it down. you broke down the questions. give me the numbers on the kind of questions asked.

>> well, i believe it was 61 -- i don't have a report on me, but i believe it was 61% of the questions where at person homonym attacks. think about that. think about more than half the questions that are positive to a candidate personal at homonym attacks. there shouldn't have been a single one. yet they were all three moderators were participating in it and the interesting thing that the other two guests who came on, cramer, they were perfectly fine. their questions were republicanful, they were good, they were interesting, they were serious, but the three who were up there were just doing gotcha personal galaxy i want to also ask you about what i'm going to call the lack of media coverage of hillary clinton's annual released e-mails. obviously you know that on friday afternoon new e-mails released, turns out that hillary clinton was warned against blaming the benghazi attack on that video. but she went ahead and did it anyway. now, i didn't see any media

coverage of that, did you? >> no. no. and i like very much what you said, stuart, the fact that the new dump of e-mails we're now up to 700 classified e-mails from a secretary of state who said there were no classified e-mails. so she's beening through lou her teeth on this. where's the coverage? here's the interesting thing. do you remember watergate? and she was on the investigative committee. you have 17.5 minutes of missing footage and the media gloomed onto that with this utterly supreme serious mode to get to the bottom of it led by bernstein. and now the exact opposite. now they're actually covering up the cover up. there's no interest whatsoever in finding the truth here. stuart: brett, thanks as always for joining us. thank you, brent. >> thank you, stuart,. stuart: tune in a week from

tomorrow, the debate, tuesday november the 10th, you've got to watch that. that's a real debate. to europe's on going migrant crisis, turke turkey and now warning a million this win the. and i've got to add one more to that. as russia uses its military force to back up assad in syria, that will produce another flood of migrants coming out of syria, add to the million that's going to march across turkey. i have to ask you. most of these folks are muslim. what would you do? >> well, the bottom line is treat the cancer, stuart, where it started, which is in syria. provide a no fly zone, safe zone for them to stay in their home country to allow them the room to not have to migrate because that's exactly what

assad, iran, and russia want, they want to change the demographics of syria, they just want them out of syria so that the population parameters can change for the shi'a minority to control, and they just want to continue the chaos. stuart: i see your point but they're not going to do that. almost certain. the president will not -- i don't think he's not like to establish a no fly zone or not like it to put more boots on the ground. so what would you do with another million or two refugees? on a humanitarian basis, what would you do? >> well, that's a great question and the bottom line, stuart, is we can't change who we are. we can't allow the millions to be the criminals if you will and certainly ideological problems, and 13% of those

immigrants believed somewhat or positively with isis. so the problem, stuart, i would begin to have an ideological filter for islamist and jihaddists, and they want to change the government and russia, by the way, is not targeting isis, they're targeting the free syrian army so we need to change our strategy and the immigrants, we need to vet for ideological and we're not doing that. stuart: thank you very much, sir. we'll see you again soon. >> yes, sir. thanks. stuart: now, last hour i spoke with the chairman of an organization called the patriarch i can millionaires, morris perfectly. he wants to change capital gains tax rules. listen to this. >> i think that 55% is probably enough. but i think that those people at the top of the income ladder are today many of them are not paying that much because of loopholes like carried interest, like capital gains exclusions, all kinds of that things richest among us are using to reduce their tax

burden. stuart: hold on a second. let me clarify that. he says get rid of carried interest, the special low tax rate often paid by hedge fund managers. he wants to get rid of that, and i said i could probably get along with that. steve moore is here, and i suspect he's going to have a very different take on getting rid of carried interest, special low tax rate for hedge fund managers. where am i going wrong? >> well, first of all, in the articles that he wrote, he talked about raising the capital gains tax, which is a terrible idea. stuart: oh, he didn't tell me that. >> in the article, he did, and that's a terrible idea because, look, number one it hurts investment when you tax people who invest in startup companies, you get less of them. but number two historical data is so clear on this. every time we raise the capital gains tax, we've gotten less and every time we've cut it -- stuart: okay. but the third specific, the hedge fund managers who pay a low tax rate because it's called carried interest. >> yeah. stuart: and some people say

that's unfair. now, if we did eliminate the carried interest loophole, is that good or bad? >> i wouldn't want to do it -- i will want it in the context of a broad reform. i believe all wages and capital gains should be tacks very low uniform rate on everyone. so, you know, if that means that people get carried interest have to pay a little bit more, i'm in favor for that. if we're lower in rates for everybody. so that's part of the deal. by the way, there are several tax plans out there -- jeb bush has a plan that would tax the carried interest, a couple of other republicans, but you've got to bring the rates down with it. stuart: okay., steve, i know you're with us for the hour. >> yeah. stuart: that's pretty good. >> i hate raising tax on the investment, though, we don't have any on the economy, that's the primary cancer for economy. stuart: does it sell politically? >> well, i think people understand you don't have businesses without businesses, is it really that hard to connect those dots? . stuart: well, you're here for the hour and we're going to discuss it.

cheryl, you can get into this too. cheryl: i've got it coming. stuart: and one of the victims killed in the benghazi terror attack not happy with hillary clinton. you'll hear her story after this. >> she lies. very simple. she is not telling the truth. she told me personally with the video, obama told me, i still don't know. the government has never told me. awe believe active management can protect capital long term. active management can tap global insights. active management can seek to outperform. that's the power of active management.

me.. stuart: the chicago merck and felix trading is apparently down, phil flynn is right there in the center of the action. but tell me this, phil. no commodity, trading at this point? i can't long on? >> that's not totally correct. what's happening here is the cme direct is a platform for the traders, very large transactions, thousands of contracts at a time and some of their users can't log in right now.

now, what can happen is some of these markets trade side by side with the trades in the pit that might be executed here in larger volume and there are some markets of course that these block traders that they don't trade down here, they're going to be out of luck if they can't log on. cme is working on it right now, they're trying to get the connectivity problem fixed up so they can get into their block trading. stuart: it's just a confidence thing. phil flynn, thank you very much indeed, sir. >> thank you, sir,. stuart: look at sprint. they've got some measures they put in for us. no more snacks for employees. that's a very small part of the cost cutting plan. they want to cut $2.5 billion from the operating expenses. the market kind of likes it. up 10 cents. and shake shack reports after the bell on thursday, it is a winner today, up 4%. annual released hillary clinton e-mails show she was warned against blaming the benghazi attack on that internet video. now, this is what she was told

by the state department. here's the quote from the e-mail. the film's not an explosive issue here as it appears to be in other countries and the region. it is becoming increasingly clear that the series of events in benghazi was much more terrorist attack than a protest which escalated the violence. nonetheless hillary clinton continued to say it was the video. patricia smith is with us. the mother of benghazi victim sean smith. patricia, welcome to the program. >> hello there. stuart: you met hillary clinton. how long was that after the attack took place? because you met her as the body of your son came back to america. >> that's correct. when they were bringing in all the bodies and all the coffins in, i was there with the cough inreception. . stuart: and -- >> and i met her there. stuart: now, that would be sometime after the event. sometime after this e-mail. what did hillary clinton tell you about the cause of the

attack? >> hillary told me that it was the video that caused the attack. and that she told me that's what it was and if it's any different, she would get back to me and let me know, and she has not. stuart: you must have sat through and watched hillary clinton at those hearings. what was your feeling? >> she lied. she absolutely lied. this woman -- in fact, what really gets me going is that afterwards that the state department -- every contact i've had with them has told me i am not a member of the immediate family. yet her daughter was able to be told differently that it was not the video. it was something else. now, if her daughter could be told, why can't i? she never got back to me, she has never told me the truth about anything, and i am extremely upset about that. i want to know how her daughter is part of the immediate family. stuart: what are you going to do in the future?

clearly this is upsetting, and it would be for anyone in your position. what are you going to do? >> i don't know -- i'm doing everything i know how to do. i wish there was more that i could do but i don't know what else to do. everybody believes this woman. she's evil. people out there, she is evil. she lies, and she's evil. stuart: have you made any attempt to contact her or the state department or the democrats in general? have you made any attempt to do that? >> yes, i did i talked to the state department several times trying to get them to tell me what happened. and they all tell me i am not a member of the immediate family, and they don't have to tell me anything. . stuart: patricia smith, it was -- it's a difficult interview to do. we feel for you, and i think you've got your message across to our viewers and that's a fact. >> i hope so. i hope so, people. listen. listen to what's happening to your country. this woman is evil.

she lies. stuart: patricia -- >> she lied to my face at a very, very hard time. and she's been lying since. stuart: patricia smith, we appreciate you being with us. thank you very much. >> thank you very much. stuart: yes, ma'am. okay. all right. we'll bring back patricia smith at some point in the future. we'll find out how she's going to pursue this very difficult story. quickly to the big board. where are we now? we're up 81 points, the dow industrials if you remember, please, coming off a very, very good month of october. back in a moment

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mother of four -- sorry mother of a 4-year-old. i'm sorry. i'm sorry. this is christy, she's "varney & company" producer, she's the mother of a 4-year-old. christy, welcome to being show the. >> thank you. stuart: what's wrong with three-quarters of these parents giving a tablet or a smartphone to a child? >> the biggest problem here is that they're unsupervised. you have to look at what your children are doing on these phones. there are tons of apps, they can get onto youtube. stuart: yeah. >> a lot of the unsupervision is the problem here. stuart: . stuart: would you allow -- would you give such a device to your 4-year-old? >> my 4-year-old is allowed to use mine when i say she is, it's a reward, it's not something we fall back on. every parent has a moment when they need to do housework, when they need to do something, you give the phone to the kid. but you know what? my daughter knows she needs to ask me before she uses a certain app or can i download this? it's about parenting, you don't hand the phone off.

>> is your worry that the kids are using these too often? the screen time issue or is it the content of what they're. >> a little bit of both. i see a lot of teenagers walking around like this on their phones and i don't want my daughter to grow up like that. cheryl: that's the problem. that's why psychologists and doctors are worried and why it's a big story today because what about the social interaction? what about the face to face communication? shaking a hand, looking at people in the eye. these kids are growing up with a ipad in their face. stuart: are you outraged about this? cheryl: yes, it does worry me because it's been shown before bedtime it hurts your sleep. stuart: i've got six kids and nine grandchildren. >> this is the first generation like this, so glon we don't know how these children are going to turn ou. stuart: oh, you can't put a video tape on television and let them watch that. >> but you knew what they were watching. now kids can pick anything on

the phones unless -- steve: when they do the next survey in a couple of years, it's going to be 95. stuart: did he say yes we've got to get used to new technology. religious. religious. religious. chrissie, that was great. thank you very much indeed. >> thank you. stuart: nasa says antarctica is adding ice. there's more of it down there. whatever happened to global warming? steve moore has the answer after this (trader vo) i search. i research. i dig. and dig some more. because, for me, the challenge of the search... is almost as exciting as the thrill of the find. (announcer) at scottrade, we share your passion for trading.

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stuart: two hours into the trading session this monday morning, not a bad start, up 91 points. don't forget gold. do you remember back in january this year it was 1,300 an ounce? 1,134 right now. the gop candidates gathered last night to call for several changes in the way those primary debates are handled. fox news digital politics editor chris is here. what do the candidates want from the next debate, not our debate, the fox business debate, but the one after that. what do they want? >> well, your debate is to be prefigured with drenched with excellence. so good that it would be

impossible to improve on. so, yes, leaving that aside. look, what the candidates want are different things and that's what makes it complicated for them. the bottom tier candidates who are facing the maw of they want the main stage, the guys on the main stage don't want that. now, the frontrunners, carson and trump want to lower the value of debates. they want debates to be less consequential because that's not their strong suit. so they want less impactful to use a terrible word, less impactful debates. guys like rubio, cruz, christy, kasich, they want to fight, fight, fight, they want high impact debates, they want debates that show off their skills, so they all want something a little simplicity seems they all blamed from nbc, and not the cnbc national

committee's bureaucracy. >> well, the national party i'm sympathetic to their situation but they put themselves in this situation by allowing a perception to persist that they were the ones that were doing these debates. as you know it's the networks that do the debates. the rnc has the power to say candidates who participate in debates not sanctioned by the rnc will be punished, they will lose delegates at the convention. that doesn't have fog nig to do what the debate is except for this. we won't tell candidates they're not allowed to participate in your debate if you don't make the following changes. other o we're got an let them -- we'll punish them for participating in your debate. that's a far cry from organizing the debate. stuart: steve moore is with us. watch out. he's got a question. steve: question for you. i would think there would be an attitude among a lot of republicans that i talked to, why not just -- why doesn't the republican party put on its own debate and have any network that wants to cover it, you know, cover it? why do these have to be

sponsored by specific networks in the first place? you probably get five networks to cover these debates if it wasn't sponsored by one. stuart: yeah. >> well, they come for us. i don't know why they do cnbc or why they do what they do. but fox news channel, the reason they come to fox news channel for our debates, for our generalizations, for our audience, the way we put it on. they already have boring candidate forums in which candidates get patty-cake questions, no one watches you, they do them right now in iowa, new hampshire, they're boring. what people want is for us to get to the heart of the matter. cnbc did it in a did i say credible way, we do it with raw excellence. stuart: very good, chris, thank you very much indeed, sir. by the way, the next debate will be tuesday, november 10th. a record of excellence cardio christy. steve: he's very good.

stuart: how about this one? cbs we're hearing is bringing back star trek, the television series. >> only a matter of time. been a ton of rumors about cbs working on a potential deal. now happening. being produced by some former star trek writers. going to debut january of 2017 on cbs, so got a little while to go but this will follow as a moneymaker a strong idea by cbs and also a streaming component. the streaming component they're going to have it exclusively for the video on demand, cbs all access is their streaming service. that's smart. you can cut off the cable companies if you do that. stuart: if i were to say two words to you, gene. cheryl: of course it would. you're talking to a girl whose parents dated and watched star trek over time, my mother and father bonded over it and had this geek.

created star vehicle. stuart: gene created star trek. cheryl: yes. stuart: you didn't know that? steve: was it on cbs originally? cheryl: that i don't know. i wasn't born yet obviously. stuart: it was in black and white. i remember it well. i've got to get to imam it's now out with its latest version of apple tv. have they missed the mark to connect with hollywood? what's going on? i've been waiting for apple tv for a long time, i don't know if it's up or down or successful. tell me. >> well, it's, stuart, good morning to you. we're talking about apple's latest version, version four of apple tv, launches today in retail and a lot of people have been receiving there's over the weekend, some on even thursday and friday of last week and the reviews coming back from consumers saying big

whoop. there's not a lot going on, it does have a lot of great features inside of it. tim cook, the ceo of apple, the trouble is about a year ago he comes out and says, look, tv is like the '70s, there's a lot of room for improvement but we're not going to come to the market until we've got something solid. now a year later he comes out and says it's all about apps for tv and that's what's driving the latest apple tv. a whole apple environment. stuart: what did it do? >> right. what does it do is exactly the question. so it does just about everything it did before except this time it has gaming apps inside of it. stuart: what did do before? >> well, -- streaming services such as netflix and access your apple-related content and video. it also allowed you to airplay from the screen of your phone or your ipad onto the screen of your tv. so you could show photos to the family in the living room. it connects outside to

services like hulu and this environment, though, stuart, with now siri built into this thing and now you're talking to siri in the remote and i would want to chuck that remote across the living room. and this morning apple tv is a work in progress under construction. stuart: what incident? i want to have an apple tv, and i want to say apple tv, on. the thing goes on. i say apple tv, i want to watch "varney & company," and up comes "varney & company." >> i had no idea we wanted the say things. i can't get that. >> this is possible. stuart: how many times have you been into a hotel room and i extend this question to everybody. go to a hotel room and the three remotes, you haven't got a clue how to turn the thing on to start with? that's me all the time. you? >> yeah. exactly. steve: i'm guilty. >> that's the rest of the world too.

this latest apple tv could potentially be something so good. it's just not there yet. stuart: that's the line i'm waiting for. we will see you again soon. and i want to bring steve moore back for that not discussion but this one. nasa says antarctica is actually adding more ice than it's losing. the ice is growing down south. steve: uh-huh. stuart: does that mean global warming theories are at risk. steve: well, you know, the old saying greenland is not green and iceland is not ice. what they found was a huge accumulation of ice in greenland. now, does that approve that global warming is not happening? no, it doesn't approve that climate change isn't s happening. by the way, kudos to nasa for coming out with this kind of indication that it's actually not happening. stuart: yeah. steve: but my problem is, cheryl, that any time there's a story that validates global warming, there's headlines but any time a story like this,

nobody pays attention. cheryl: well, let's give this some cream. nasa says 112 billion pounds of ice net gain. net gain. so we might be losing glaciers, and we see images of polar bears that have nowhere to go. steve: they're going to greenland. stuart: the polar bear population is actually up. steve: increased. stuart: and all of this melting of the ice cap, which is supposed to raise the sea level, some of that sea is being turned into ice in the southern hemisphere. cheryl: correct. steve: what was the number? cheryl: 112 billion tons. steve: that's gigantic. that's an enormous amount of increase in ice, the world is not losing ice, we're not running out of this stuff. stuart: claire parksin from nasa said not every study will have a downward trend in ice extent. the planet as a whole is doing what was expected in terms of warming. so this gain in ice in the

southern hemisphere is all part of the global warming theme. steve: but they change -- this is my point, they change their tune when the data changes. so i mean i thought the whole thing was that the ice caps were melting. how can you be getting more -- how many? cheryl: right. i mean 112 billion tons. steve: unbelievable. cheryl: the gains slowed between 2003 and 2008, that's a five-year period. guess what, kids? that's nature. we have all these specific reasons that fit us politically why or why not the rain forest looks one way or antarctica looks another way but at the end of the day this is weather patterns that go back millions of years, way before any of us were here. steve: we've had ice ages before, this might be the start of another ice age. stuart: 1970. steve: 1978. stuart: next case. ohio votes on legal pot. tomorrow, actually. and if it passes, it would create a state-sponsored growers monopoly.

what does the judge think about that? he's next . stuart: tomorrow's vote will send out a lot of signals. will ohio voters allow a legal monopoly to control their weed supply? if approves, will republicans lose an important state in next year's election? is the spread of legalization unstoppable? usaa makes me feel like i'm a car buying expert in no time at all. there was no stress. it was in and out. if i buy a car through usaa, i know i'm getting a fair price. we realized, okay, this not only could be convenient,

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after stocks roughly 9% in the month of october, kicking off the new trading trading month with up arrows, the dow jones industrial average up 90 points, the s&p up 13, and the nasdaq up 46. well, let's take a look what's going on with media, you may remember pandora got hit hard recently after earnings report but now making a deal and today we're seeing pandora bouncing back 4.2%. linkedin, facebook, twitter, all have up arrows today. on the other hand chipotle selling off down 2.6%. closing stores in the west coast in two areas in portland, oregon, and also seattle washington. e. coli investigation being very cautious. and start your day fbn at 5:00 a.m. every day hey, i see you're working on your portfolio.

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stuart: tomorrow. ohio votes on whether or not to legalize marijuana. if the deal passes, it will give exclusive rights to a handful of people to actually grow the stuff. in other words, the state will offer a monopoly to the marijuana growers. judge andrew napolitano is here who doesn't like monopolies,. >> no. i like the idea of states being laboratories of democracy and being able to experiment with things like the private personal use of

marijuana, which we now have in oregon, district of columbia, and the state of washington, and i think maine. interesting ohio is mainstream middle america. stuart: yeah. >> if it passes there. but the thing you want to talk about mainly is the extent of government control. why wouldn't the government want competition? competition improves the product, drives the cost down. the absence of competition maintains artificially high levels and less fat cats. stuart: it was the fat cats who spent $25 million to get this deal on the ballot and these are the guys. >> who did they bribe? . stuart: they will be the farmers. these are the 10 farmers. >> right. stuart: only 10 farms allowed to grow this stuff in ohio, these 10 farmers, they're the guys who put up the money. >> this makes as much sense as the new jersey rule with respect to alcohol that prevents manufacturers selling

to liquor stores, and sometimes the intermediary is is not new jersey. stuart: for once you libertarians have a point. that's not bad. >> listen, there may be some political ramifications for this and maybe this is the only way that it got on the ballot when the state this has ironclad -- stuart: well, they have the money to get it on the ballot. i've got to ask you about this one. fantasy football, fanduel facing a lawsuit from an nfl player who says the site used his likeness without his permission and didn't pay him. >> i've never seen a complaint like this before because it has color photos in the complaint. and the color photos are images of this fellow's face from their website showing definitively how they've used his name and image and then stating affirmatively he never authorized it. so he's entitlinged, he maintains a percentage of the profit they derive from people betting on him. stuart: so he's got a valid

case here? >> extremely valid. >> could you imagine if any of us london and i see a huge crowd and they were buying bobble heads of stuart varney? you would be entitled to the sell of this bobble heads. stuart: now you're talking. >> judge, you know a couple of years ago, played for ucla basketball, and he sued i believe the manufacturer of the game and also the ncaa saying you're using my license. >> steve is correct. this is not novel. the theory of this case is not novel. the case is new because it's the first one and it's a class action, meaning he's reporting to sue on behalf of everyone situated, it will cost these people a fortune. stuart: fantasy football will stick around, but it will be stacked, it will be regulated. steve: it will be a monopoly. >> right. it will be a monopoly. football players will have to be compensated and have the option to opt in or opt out. stuart: all right. your time's up.

two cases dealt with. >> until the morning. stuart: the new york city marathon, that was a premier event, i was there. it was a terrific thing to go to yesterday. we're going to discuss it. we've got some numbers for you on running in just a moment

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stuart: we have to get this one in. the department of defense spent $43 million building a gas station in afghan. it should have spent half a million. your comment. >> yeah. republicans say we can't cut the defense budget, there's so much fat waste in the bureaucracy the pentagon is one of the most wasteful. cut the agency by 10%. stuart: i hope the gas was cheap, whatever it cost. all right. now yesterday in new york city, a second consecutive new york city marathon on the men's side it was a fellow countriy men who took the top prize. i was there, and i noticed that the crowds were -- it was a wonderful event in new york city. who better to bring into the show right now is the publisher of runners world. welcome to the show. >> thank you for having me.

stuart: up there; right? >> i was there. stuart: i was so impressed with the camaraderie in the city. >> it's amazing. it brings the at the together . stuart: there must have been half a million spectators. >> absolutely. a million. stuart: give me a number. give me a dollar number on the size of the running industry. >> the running industry, 5 billion. stuart: just america? >> you're talking america, yes, and footwear apparel and race fees. stuart: so $3 billion on running shoes? >> correct. stuart: . stuart: $3 billion? >> the most important piece, yes. stuart: $1.1 billion worth of apparel, what is that? shorts, socks? >> absolutely or hats, pants, whatever you need depending on race day. stuart: $937 million in race fees? >> correct. so you're signing up, registering, training, all of that that goes into it. your 16 weeks, your 440 miles you put in to run 21.2 that

day. steve: how much are the race fees? >> we average it tornado 50, but some are 150, 200. stuart: so $50 would get me into the torture of running? >> you have to get into the race. stuart: you've run the marathon? cheryl: i've ran five marathons, i ran new york back in 2004 and now the biggest race in the world, the biggest marathon in the world. stuart: how many have you run? >> i've run three. one new york, two chicago. chicago's. stuart: all right. are you going to run again? >> i would say no. it's a lot of training but -- stuart: it's the knees. >> if you get the right shoes . stuart: no, shoes don't do anything. >> absolutely they do. cheryl: and that's why you replace the shoes every three months. go buy shoes in nike based on this segment. stuart: no wonder there's $3 billion worth of running

shoes in america. that's incredible. >> absolutely. stuart: it was great to have you with us. >> absolutely. great to be here. stuart: come back again. >> i will. appreciate it. stuart: more varney after this we live in a pick and choose world. love or like? naughty or nice? calm or bright? but at bedtime ...why settle for this? enter sleep number. don't miss the semiannual sale going on now! sleepiq technology tells you how you slept and what adjustments you can make. she likes the bed soft. he's more hardcore. so your sleep goes from good to great to wow! gift the best sleep of your life to your whole family. only at a sleep number store. right now save $500 on the veteran's day special edition mattress with sleepiq technology. know better sleep with sleep number.

>> i hope the people listed, listen to what is happening to your country. this woman is evil. she lies. she lied to my face. she has been lying since. stuart: that was patricia smith. the mother of one of those killed in the benghazi attacks. if you viewers have something to say about hillary saying it was a video when she had been told it was in fact a terror attack. jeffrey says this. the highest elected office in the land.

leslie says, what will it take for social incompetence. >> the more the evidence comes out about benghazi, the worse it gets for hillary. >> this was someone's child. stuart: our time is up. neil, it is yours. neil: a two-year budget deal. the debt ceiling for a couple of years. it were a flex hours u.s. values. he's the usa. a number of people, none of the above. joe's the budget and our fiscal discipline. $80 billion in additional spending. in the meantime, we are getting more details on the russian plane crash that killed 224.