paul. all the action begins at 6 p.m. eastern right here and i hope you'll join us. have a great day. "varney & company" is next, stuart, are you making your own turkey this year. stuart: always do, maria, you know me. maria: good tips from martha. stuart: i did. i just need an apron, that's all. maria: have a good show. stuart: thanks, maria. some passion, some fire, even a little humor from president obama. what issue was he addressing? of course those wicked republicans. good morning, it looked like the campaign trail all over again. president obama beating up republicans on the fundraiser. the world is on fire and the president spends his energy attacking opponents and defending his pals at cnbc. we'll show you the tape. a new poll puts ben carson firmly in front of donald trump. ted cruz and marco rubio as well. and refugee camps for hundreds

of thousands of migrants. uniformed guards, fences around camps in germany coming soon. think about this, the call of duty people buy the candy crush people for 6 billion dollars. clearly this is real money in gaming. "varney & company" about to ♪ >> shouting early in the morning. wake up, california, you heard the music, back in the black. that's the dow jones average this calendar year. the best level since the summer, s&p 500 also up for this calendar year, so where are we going to open today? take a look at this dow industrials, the futureses, that is, down a fraction, that's it. a modest loss after a series of huge gains.

i want to get immediately to president obama. i'm going to say he's doing what he does best, that is criticizing his political opponents, listen to this. >> by the way, the same thing is true on foreign policy, don't want to keep on going, but have you noticed that every one of these candidates say, obama's weak. he's, you know, putin's kicking sand in his face. when i talked to putin, he's going to straighten out. just looking at him, he's going to be -- and then it turns out they can't handle a bunch of cnbc moderators. if you can't handle those guys, you know, man, i don't think the chinese and the russians are going to be too worried about you. stuart: well, cat is here.

what does she make of what she saw and what you saw. >> what is he talking about? how could they not handle the moderators? they shut down the moderators during the debate and ridiculous. and now demanding better treatment. that's called being strong and standing up for yourself and obama knows nothing about either of those things when it comes to running the country, i'm not surprised-- >> what was that bit, wait until when i talk to putin and the-- >> he says the republicans are saying. whoever it be, when i talk to putin he'll know where we are, we're going to be strong. that's funny coming from a group that couldn't handle the cnbc moderators. stuart: mocking trump in some way? >> mocking them. and he's the strongest leader that existed. stuart: he's saying that the

candidates couldn't handle the moderators. i think they did. watch it all over again. >> the questions that have been asked so far in this debate illustrate why the american people don't trust the media. this is not a cage match. and if you look at the questions, donald trump, are you a comic book villain, ben carson, can you do math. john kasich will you insult two people over here. marco rubio why don't you resign. jeb bush, why have your numbers fallen? how about talking about substantive issue. >> the democrats have an open pac the main street media. she told the american people that it was the video. and the media said it was the greatest week for hillary clinton's campaign. it was the week she was exposed as a liar. >> people are making decisions right now, if anything comes out of the nasty and ridiculous questions-- >> and the president said they

couldn't handle the cnbc moderators. >> that's what the kids would call crushing it. they crushed it, they totally did. that was handling it very strongly. i don't know, maybe he didn't wat watch. stuart: i bet he did, a very political guy. the latest wall street journal poll, ben carson ahead of donald trump, 29%, trump 23%. rubio, cruz, jeb bush 8. nobody else above 3%. here is what donald trump had to say about that poll this morning on "fox business news." >> ben can't do the job, there's no request about it. he can't do the job, not going to be able to negotiate with china. he didn't do that. >> why? >> it's not his thing, not in his wheel house and never done did before and i don't think it's meant for him. these are people that come at you, they're fierce, you know some of the deals i've made with china. i've made great deals with china. stuart: okay, well. ashley: china. stuart: he has a way of saying it. he does.

but he's bashing ben carson in a nice way saying he can't handle it. >> nice, didn't say anything about his face or his appearance. well, i'm a little surprised ben carson is ahead, but i think that ben carson is a little surprised ben carson is ahead. he's a little relaxed, very relaxed. and the same strength, what people see as a strength saying on his mind without worrying about it with him it seems he's more calmly saying what is on his mind. people have a problem, he explains it. trump he's like, yeah, i said it, i said it,. it seems theatrical. ashley: there's no doubt that carson has broad support. the question is how deep and committed is that. stuart: it's still two outsiders. >> and the carson people i like the guy. the trump people, you say anything, i'm going to threaten your life. have you been on the internet lately? have you been on the the internet lately.

don't say anything mean if you don't want your life threatened, a little twitter person without a picture. stuart: and one week from today, the fox business debate, real questions affecting your money one week from today. to the migrant crisis. shocking new numbers from the united nations. 218,000 migrants arrived by sea in europe alone. that's a record. ang angela merkel reversed her open door policy. they'll build camps to house hundreds of thousands of people. joining us former cia agent mike bakerment you hear that camps for hundreds of thousands of people. what do you make of this? >> they're trying to create a counter immigration policy where they didn't have one, both in germany and widely across the eu.

they're not calling them detention camps obviously, but they've been debating transit zones on the southern border and across the border, as a way to try to process all the refugees that are streaming in. now, imagine, you know, the numbers are between 800,000 and this is for germany alone, 800,000 and a million and a half this year, think about what, we all get sanctimonious and magnanimous here. think about if we had a million and a half refugees across the border trying to claim asylum. we'd have a different attitude. germany is trying to figure out a way to do this in a methodical process and trying to get the rest of the eu and others outside the eu to figure out a way to solve this problem. stuart: i can see these camps, and that's the only word, maybe not detention camps, but they are camps and they'll have guards around them. i can see hundreds of thousands

in very difficult situations, and i can see a demand that some of them, a couple hundred thousand, maybe, come to america. what are we going to do? are we going to say-- we're going to screen everybody? or are we going to say, yeah, we'll take christians, but that's our priority. we're not going to say anything like that, are we? >> of course not. we wouldn't say we'll slice and dice by religion, definitely not. i think if you want to know what this will end up looking like in terms of the transit zones, these processing centers that germany is talking about and looking to set up, i think all you need to do is look to turkey, look to lebanon, look to jordan. look, there are over three and a half million syrian refugees alone, not talking any others from afghanistan or kosovo or anywhere else, three and a half million plus refugees sitting in turkey, lebanon and jordan and have been there for a long time, years now, well over a year. so, if you wanted to know what

germany is marching towards, this is probably it. it is a humanitarian crisis, but again, to be pragmatic, it's an economic crisis, underlying that is the security issues, involved in accepting the people without knowing who you're accepting. >> it's getting worse. mike baker, thank you as always for joining us, appreciate it, sir. next case, there is clear-- this is an understatement, a lot of money in gaming and i mean a lot of money. jo ling kent has the number in case you missed it. >> two gaming giants, activision blizzard, coming together for 5.9, and owning candy crush will give activision a new edge in mobile gaming. e. coli cases reportedly caused by chipotle in seattle and portland are expect today rise. washington department of health say 17 people who ate the

chipotle tested positive for e. coli, and the number is expected to double next week. dash cam video shows this meteor in thailand. the bangkok people were seeing this and imagine if you were driving and driving on the road. >> why was he videotaping it. jo: dash cam video, on all the time. stuart: now to the present, you do not have to check the box saying you're a criminal if you want a job with the federal government. the judge, that will be napitano, will be next. (vo) what does the world run on?

it runs on optimism. it's what sparks ideas. moves the world forward. invest with those who see the world as unstoppable. who have the curiosity to look beyond the expected and the conviction to be in it for the long term. oppenheimerfunds believes that's the right way to invest... ...in this big, bold, beautiful world.

>> it's a great run for the stock market recently. it looks like today will open pretty flat and again, it's been a great run, and the dow is positive for this calendar year.

look at fitbit for a moment. this is pre-market. it's going to open much lower and it says it's going to issue more shares. that dilutes the stock, doesn't it, and down 3 bucks. gas, oh, 2.19 your national average. say goodbye to the keystone pipeline, sianara. the company has withdrawn its application. if you want to see this things built you have to wait until after president obama leaves office. good luck. if you want a job with the federal government, you don't have to check the box saying you have a criminal record. oh, no. judge napolitano is here. wait a second, under the new plan from the president, if you're in jail, you go to apply for a federal government job, you don't have to say i've been in jail, convicted of a crime, don't have to say that. >> you're not talking about somebody applying from jail.re--

>> we haven't gotten to that point. stuart: you're sprung out of the jail. >> you're incarcerated in a federal government prison and you're applying for a federal government job. stuart: you don't have to tick the box. >> he was at rutgers and it wasn't quite that specific. he said we're going to issue regulations which ban the box, which is one of their code phrases. in his opinion, both sides, the government should be compassionate and understand redemption and that bad people can become good people and there's no reason to hold their background against them. i think at some point in the hiring process the people doing the hiring must have the opportunity to ask about this. maybe not in the early stages, but before you're actually hired because you're talking about a safety issue, you're talking about a liability issue. if the person next to you is a convicted-- in the next cubicle is a convicted murderer, you ought

to know that and management ought to know that. if you're working for the epa or a private industry. stuart: of course. fox news, if news corp., if general motors, chase, did not make those inquiries and something happened, the first attack by the plaintiff's lawyers is, failure to scrutinize your employees. stuart: of course. >> you knowingly looked the other way about his background, but when you're the federal government, you can't be sued. stuart: so don't have a liability problem. >> the fed have made themselves immune from that liability so they can get away with this nonaccepts. stuart: you made the federal work force as a rehab program-- before we get carried away, this was a speech at a law school, it was not a delineation of the rules yet. congress has days to dislodge

it. want to bet they won't, for another time. the rules for some sort of inquiry. i see you graduated from high school in 2002. and now you're applying for a job in 2015. but there's nothing between 2002 and 2015, am i allowed to know where you were? yeah, at a federal prison farm. i mean, these are normal, natural inquiries that the hiring official should be able to make. stuart: does it imply a willingness to go beyond the criminal record and say, well, look, we've forgiven and forgotten, we want you in. is the federal government now going to be proactive, deliberately going out and hiring former criminals? >> i believe so. quite frankly. stuart: you wouldn't object? >> no, i would not. it would be better if you're open and honest. we want to know about your record. let's see it was a nonviolent crime, you were sentenced to an

excessive amount of jail. i see your records, you're an entiring human being, that's a much more intellectually honest way to deal with this, we can't ask you about your background. stuart: it's only the federal government and not private enterprise. >> and an example when politicians like the president try to insert themselves in what should be a professional environment, hiring, promoting firing. stuart: all politics all the time. thank you very much. coming up first, it was bacon, red meat and a study says too much diet coke could cause heart failure. doc segal about that one. hunger games, children fighting to the death. they're about to get its own theme park. more varney in a moment.

>> ford motor company reports october car sales just shy of 214,000 weeks, up 13%. absolutely no movement whatsoever in the stock. another health warning, wait for it. this time it is diet coke, actually all soda. britain's biggest newspaper bought this on the front major. drink two diet cokes a day, your heart risk goes up.

what nonsense. this is just another statistical study. tell me if it's got any rell rance so my life whatsoever. >> it has some. here is the relevance. first of all, you're afraid of a nancy state and studies like this leading to more regulation, a nanny state. they're going to tax diet soda next, that's what you're afraid of. stuart: no. >> let's talk about the science, they studied over 40,000 people in sweden over 12 years and gave them a questionnaire, which is not great science. admit, i admit it, how much do you drink, diet, nondiet, coke, pepsi and they found that those who had two servings a day of diet or regular soda ended up with a 23% increase risk of heart failure. what i want to say about that, i think it's part of a larger question, stuart. what are you doing in addition. in other words, those who drink soda may also be having bacon cheeseburgers, gaining weight. stuart: may be drinking a lot

of alcohol. >> maybe drinking alcohol. i don't like aspertame and don't like the artificial sweatners and diet soda does increase hunger in the brain. you think you're going to lose weight, you get hungrier and eat a lot of crap. stuart: you see where i'm coming from, you bacon is bad for you, soda is bad for you. >> diet is bad for you. >> you told me you don't drink it. stuart: yeah, the public is bombarded with the health scares and it loses its meaning and we ignore it. >> that's a profound point. i agree with that point, i wrote a book. i don't ng that having a diet coke here or there, if i had my preference, i'd say cut it out. stuart: okay, i'm with you on that. futures pointing dead flat, but please remember, we're up for

the calendar year, 2015, the dow is up. we're going to talk to a trader who says this market is a mirage fueled by free money. look at this, google is getting into the drone delivery business, how these things could be dropping off packages in 2017. more varney in a moment.

. stuart: here we go. 15 seconds before they start trading, nasdaq and the big board. they'll ring the bell and you'll hear that and precisely 9:30 they will start trading. not expected a lot of movement. should be fairly flat according to the futures market and we're down about 17, 14 points. flat on the opening bell. ashley webster is here and so is liz macdonald and todd horowitz and hillary kramer all on deck today. todd, you first. the dow is positive for 2015. you're the guy who says this market is a mirage fueled by free money. you said that, i take it you believe we're headed for a real big disappointment, is that right? >> good morning, stuart. this is a mirage that builds on the backs of free money. we have no foundation to this market.

there has been zero growth in reality, in real growth. other than corporate acquisitions, mergers, buybacks, other than that we've seen no real growth in this country. we've got a system that fuels the illegalized ponzi schemes because we have a federal government that hire guys that are criminals, and illegal ponz wri schemes new money to satisfy old debt. it will not work out and for now we'll go up and hit new highs, but going forward this market will collapse because it's artificial money. >> hillary kramer, reply to that. >> we're marching higher, stuart and our economy has created entirely new sectors especially in technology, whether it's cyber security or cloud hosting and look where we've made it in biotechnology. we're still the leader, globally, worldwide. stuart: why do you say to that, todd.

come back in a moment. high-tech companies are king of the hill. what's wrong with putting money there? >> there's nothing wrong with putting money there. they've become overvalued. only to substitute the internet bubble from the internet bubble to the fed bubble. mathematically it's a certainty that the market will have a major correction because it always does. and this is the john maynard cain, that says they're never going to have a collapse. stuart: we will have this discussion for a long time to come. first off, the call of duty people, the candy crush people and they're going to pay $6 billion for this. >> $6 billion. combines two giants of the video game industry. we have activision, of course, has call of duty. my kids live on that and also the world of war craft, but it's buying the candy crush and the candy crush saga. i didn't realize how huge it is, but it's still among the

top apps in the apple apps store. which tells you something, it's been around a while and obviously, the other thing, let me just say this with activision, their games are kind of expensive and i know because i buy the games for the kids. this is a much less inexpensive mobile game that gets it into the area. >> and this is jerry seinfeld, they knew when to leave. and king digital has been trending below the ipo price. >> king digital is smart phone based games. and activision is console based games and that's the value. >> yes, it's 5.9 billion dollars to get on mobile and it makes more sense-- >> take the money and run liz: henney youngman says take the money. stuart: fitbit had better

profits, but they're offering more shares, so they're diluting. dilution equals ack loss. >> well, some companies like shake shack and-- >> will fitbit bounce? >> the profit margins, this is what happens with a hardware kind of business like this and competing with apple. stuart: liz liz: the shares are coming in potentially and equals 10% of the shares outstanding. not saying all of them will trade, that's why the stock is-- >> they beat on revenue, beat on earnings, they've posted a great report. they're not a one-trick pony e gopro maybe, but-- >> 400 versus 150 a years ago. ashley: bank of americas are

offering fitbits to employees. stuart: and general motors was up. and now gm sold and the stock reached 356789 look at chipotle, please, we told you yesterday that 43 stores that closed, have been closed in seattle and portland because of e. coli, eight people hospitalized no deaths. it may be that more people are going to get sick. is that the expectation, liz? liz: that's the expectation and there's news breaking, oregon health officials are zeroing in on vegetables, not meat, being the source of contamination, and it will be as more people realize, hey,i ate at chipotle and i'm feeling sick. the number of cases could rise. stuart: and there's know the an about i go rise, but a little bit. how about google, they want to start drone package deliveries in 2017. hillary, i don't think that

affects google's alphabet or whatever it's called. but the stock shows that alphabet is a forward-looking company. >> absolutely, who wants drones. imagine the drones dropping packages on your head. stuart: do you think that's the future. >> what happened to ups and federal express? why can't you use just a dolly. stuart: i'm surprised by you future. i look to the future and expect the package delivery by a drone. ashley: i think so, too. stuart: i think it's a wonderful thing. and luddites you people. >> and what's the earnings. stuart: see that graphic there liz: oh, that's in rural areas, you can understand that. ashley: and go out in the country and find the package. stuart: not quite. and listen to this one. here is what they do. amazon is going to open its

first bricks and mortar book score. >> i've got a kindle and i like to read real books. i'm not an electronic kind of fw guy. that tells me there's still demand for books, they're still selling liz: i like that and newspapers. stuart: are you going to pick up on this? i'm doing all the talking. [laughter] >> the store where, in seattle near the university, they think it will be a hangout place for students. i'm older, too, i love holding books. stuart: todd who ahorowitz, are going to read an actual book when the crash comes? your book maybe? >> i'm a book reader and amazon successfully put everybody out of business and they can come into the stores they vacated and open them up. stuart: you're such a luddite. kellogg, sales are down, apparently more shoppers are going healthy.

tell me about the stock, please nicole petallides -- . nicole: take a look at the stocks. they've seen the sales split, the analysts say they better doing to if they want to be the breakfa breakfa breakfast behemoth. to the analysts who say they should do m and a, mergers and acquisition, get with an organic company and try to move that way. they have, in their defense, tried to get rid of artificial coloring by 2018. and cage-free eggs by the year 2025. stuart: okay. breakfast behemoth. you coined that expression. >> i think the way to go with general mills, gif here, great dividend yields and you have cheer yos. stuart: they're good for you heart, so i'm told.

every morning, weekday morning, 5:00, you can catch lauren simonetti, who is on maternity leave, actually. stuart: and nicole petallides. we've got names to watch. amc entertainment. profit sales disappointing. aig loses money and it causes carl icahn to break up down 4%. disappointing outlook from avis budget, the rental car people, look at that, 111 is -- 11%, and alcoa says it will cut down on aluminum production because of falling. >> worldwide slowdown, worldwide money and this is your story. >> this is what is happening when you create this deflationary scenario. you're hurting everybody from

the producer and the manufacturer all the way up to the common guy. you know, everybody thinks that low prices are great when you go to the retail store, but if the producer and manufacturers and the guys aren't making money on the way up, there's no money to be made. you can't continue to deflate and print money and expect we can continue to build on this house of cards, which we're building, which prevents us from growing because we've spent too much time defending what every central bank around the world printing money to prove their own exports. stuart: you've made your point. hillary kramer wants in, but don't have time. listen to this, lions gate planning a theme park based on the popular hunger games movie. the movie was about kids fighting to the death and they want to make a theme park out of it. liz, a, i think it will play --

i think it will sell well liz: temporarily. stuart: b, what do you make of a theme park based on kids maybe fighting each other. >> i don't think they are he going to do, probably a ride. and a hundred of games about shooting and killing each other run by, you know, fat old white guys. ashley: they will have no restaurants in this theme park. stuart: lions gate, the stock, it's all over the-- i like the idea. disney's wildly, universal widely successful liz: why not try it. stuart: hunger games. ashley: it's a little bit odd. stuart: got to put a lot of money in it liz: they've got to be creative with the rides. stuart: we've got that with un. listen to this one, protesters in front of the cme, that's chicago, demanding attacks on traders. you're right in the middle of this. what do you make of this? >> i think it's a bunch of

people that have nothing better to do with themselves, that are more probably paid picketers, trying to average 25 years, they've been trying to tax traders for 25 years, not realizing that traders don't make enough money to compensate the four or five, six, eight cents they want per contract and it's total lunacy and i h idiocy taxing them and taking the employees that work in this industry and put them out of jobs which are the people they're trying to help. stuart: i get distinct impression that the class carsor are trying to take the lead among democrats and-- >> the pensions of the cops and the firemen and the teachers. ashley: they'll lose it out of state, anyway. stuart: we're agreed, we don't like it. look at this, the dow turned positive tuesday morning, 12 minutes into the session, we're up six points, 17-8 where we

are europe in crisis. and migrants glowing from from the mideast, 218,000. a new report from nasa suggests that global warming might not be such a big deal because ice in antarctica is growing. more of it, not shrinking. more varney in a moment. ♪ at mfs investment management, we 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.

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>> the russian plane mystery. we've learned that a satellite detected a heat flash at the time the data went off.

a bomb is a possibility. a fuel tank failure, that's also possible. 224 people, mostly russians died in egypt's sinai peninsula. back to the migrant crisis, it is a crisis. the flow across the mediterranean sea, 218,000 more than all of last year combined. with me now, congressman brad sherman. welcome back to the program. good to see you, sir. >> good to be with you. stuart: we also had news that the germans are going to build camps on their southern border, housing hundreds of thousands of people. i can see the say coming when there will be a demand to take some of the people who america. how many people amongst those migrants do you think that we should accept in america? >> well, the president has said 10,000, perhaps more. we have a 75,000 refugee from the entire world limit that congress has imposed. keep in mind that america accepted well over a million

refugees from the wars in central america over the last 20 years. >> would you personally suggest accepting more than 10,000 or 75,000? would you accept 200,000? a much larger number, would you accept that? >> i think that as i was saying, we accepted refugees from our hemisphere. this is a problem of the other hemisphere, and europe needs to take the lead. i think we need to take a number that shows some solidarity with europe, but for us to take more than britain, more than france, when this is not a problem of our hemisphere, it's a problem on their side of the atlantic, contradicts what europe did during the wars in central america when there were more than a million refugees accepted by the united states and as far as i can determine, zero accepted by all of europe combined. i want to ask you about pakistan.

there is a report it says it's the most dangerous place in the world for christians and that christians are persecuted big time in pakistan and yet, we, the american taxpayer, we give them billions of dollars. when will this administration stand up for christians? >> well, i'm sure the administration is pushing pakistan to do the right thing. pakistan is a very difficult place to live for any non-muslim. what happens in personal disputes, a muslim will accuse a non-muslim, a hindu or christian of blasphemy and that person is subject to execution for saying or not saying something that the muslim thought was-- >> it's getting worse in pakistan. it's getting worse. we've had no impact so far. >> i think that we need to look very carefully at what we do

for pakistan starting with the fact that obviously usama bin laden had help from high placed officials in the pakistani military. the doctor who helped us find usama bin laden is still in jail and we should be making demands in return for our aids and christians in pakistan should be part of that. stuart: brad sherman, democrat in california. thank you. a new report calls into doubt everything we heard about global warming. well, to come degree. the bottom line, there's more ice in antarctica. >> at the end of the day i want to solve a problem. al gore made chiement-- climb change a religion. you create energy independence, creating jobs in the process, making the planet a safer and healthier place is a good thing, but i want to create jobs. it's not a religion to me as a problem. i'm definitely able to see savings

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>> down 4%. cereal sales are down we hear because more shoppers are going healthy. high price of cereal, too, that's not helping the stock. a new report from nasa finds ice in antarctica is growing.

there's more ice down there since records began. come in chris horner, chris, when i first saw that news, i'm starting to think, well, doesn't that undermine the whole theory of global warming if you've got more ice down there? does it? does it undermine the whole global warming theory? does it? >> well, you would think so given that this was one of the litany, the information thrown out last month by the u.k. high court as distinctly alarmist, and al gore's movie was being shown. the mountain and sea level rise were supportable by the u.k. government, possibly not the end of the-- the beginning of the end, but the end of the beginning. we still see this as early as this year we saw an anti-artic

ice melt, and saying it's wrong. and we see the sea level rise. remember when snow was in the history books and our children wouldn't know what it is and snow is back. and both are global warming, no, it doesn't falsify it. stuart: the theory was if the ice melts, then the sea level rises yet, the ice is melting in the northern polar cap, but there's more ice in the southern polar cap doesn't it negate it. >> i think the principle of the dramatic sea level rise claims is the event of sea level rise. people remember sea levels rise eight inches between glaciers. and the crops were burned and

the witch next door did it. a recent cooling and so on, those when you look for sea level rise. in this study it's not what we said. look at the peninsula, proof it will collapse and don't worry we're on schedule to die. it wasn't a west end arctic peninsula theory, all of this has failed to match observations. stuart: thank you. hold a bit. breaking news is coming at us now. a defense official tells fox news, quote, there is no way -- i think they're talking about the russian plane here, there's no way it was brought down by a missile or anti-aircraft fire. that's from the u.s. defense department. the next, germany is going to build camps to house hundreds of thousands of migrants, it's a crisis developing and getting worse. did you know that dick cheney,

okay, very briefly from a secret bunker after the 9/11 attacks? fox news's james rosen has a book out on the former veep. he's coming up on this program. hour two is two minutes away. it's a fact. kind of like playing the boss equals the boss wins. wow! ♪

. stuart: 10:00 precisely, europe overwhelmed by migrants, more than 200,000 arrived by sea last month alone. germany chooses to build camps. it is a crisis. president obama mocks the gop presidential candidates he says if they can't handle cnbc's moderators? how are they going to handle the russians and the chinese? i thought they handled the mod rights quite a while well. donald trump, it's a national poll. history shows this race is far from over. and another alarmist medical study, this one about diet coke and your heart. "varney & company" hour two starts now. ♪

♪ . stuart: more on that breaking news about the russian plane, a u.s. department of defense official tells fox quote there was no way it was brought down by a missile or antiaircraft fire. what else -- >> yeah. that's according to the latest intelligence report, however, the same official saying that an explosion took place, they say u.s. satellites detected heat signature and explosions around the world and they picked one up at the point that that aircraft disappeared off the radar. but the pentagon yesterday saying it's unlikely that it's terrorism. don't forget like that airline said it wasn't pilot error bill russian aircrafts are notorious for mechanical problems. stuart: if it was terror. ashley: , yes. stuart: vladimir putin would

look awful because it would be looked at pay back. ashley: , yes. stuart: if it was isis, we don't know this if it was, then putin is going to go hard after isis to punish them to killing his people. >> was there a flash detector. ashley: yes, a heat signature. a flash or satellite. stuart: have they interpreted that heat flash as an explosion or just leave it with a heat flash? ashley: they say that an explosion gloops and it could have been -- they say an explosion? ashley: took place. stuart: it could have been a fuel tank. ashley: it could have been. the source of that explosion still up in the air. stuart: all right. this is tuesday morning 10:02 eastern time, the dow jones industrial average dead flat this morning, you can't get much flatter than that. down a point. look at gold, a one-month low for the precious metal. 1123 now. the call of dutiy people are buying the candy crush here. the point here is the price. $6billion, up goes king digital, that is the candy

crush side of the equation. higher profits at fitbit but it's moving lower. goodnights issue more shares that die lutes the stock, that's why it's down nearly 7%. that's a big drop. and the price of oil, it has gone nowhere in the last couple of months, $40 a barrel range. this is what i like. where is the lowest price of gasoline in the entire united states? it is in south carolina a buck 63 if you pay cash for regular. ashley: fantastic. >> would you drive there to get there? . stuart: i'm not that bad. ashley: i don't know. stuart: let's get to president obama. he's mocking the gop at a fun fund-raiser. watch this. >> the same thing is true on foreign policy. i don't want to keep on going. have you noticed that every one of these candidates say, you know, back home's weak, you know, people -- putin's

kicking sand in his face, when i talk to putin, he's going to straighten out. just looking at him, he's going to be -- [laughter] and then it turns out they can't handle a bunch of cnbc moderators. if you can't handled those guys? then i don't think the chinese and the russians are going to be too worried. stuart: now, fox news megan mccain is with me now. >> i can't handle that. i can't handle that awl. it is laughable that president obama is saying how are republicans going to handle putin? i'm sorry is there not a picture on the internet with putin shaking hands with assad last week? putin is treating us like his children, it's laughable, i can't handle this. the worst foreign policy president of my generation.

stuart: but only time you see the president express emotion, he just gets out there and speaks vig organizationally. >> he's got nothing left. my favorite part of this election cycle is he's not running for president. i don't have to deal with it anymore, i just want him to be on his way. and everyone agreed cnbc the debate was completely bias and it's not too much to of course for moderators to be biased. stuart: i think the candidates handled the moderators pretty well. liz: being snarky is not asking tough questions. by the way, in 2007 barack obama and hillary clinton along with john edwards would not attend a fox news debate that was cosponsored by the black caucus. that was pointed out by our dc bureau chief. stuart: is that right? liz: yeah, they wouldn't go. stuart: i've got a new poll, from the wall street journal. look at this. ben carson pulling ahead of donald trump. it's now 29 carson, 23 trump, rubio 11, ted cruz 10, and jeb bush at 8.

nobody else got above 3%. megan. let me bring this up. your dad. >> yeah,. stuart: eight years ago, he was campaigning for the presidency, eight years ago he was in fourth place at precisely this time in the electoral cycle. >> yeah. ashley: there it is. stuart: this is eight years ago. fourth place. >> i have fun memorize of my time in my life he was in fourth place because he was campaigning so hard, like an animal and it turned around, and it goes to show you can be in fourth place and turn it around. stuart: do you think jeb bush can turn it on around? >> i think he has it fire a lot of people, take a look inside himself and see what he wants, because a lot of america isn't convinced he wants to be. you have to turn it around, you have to go out and do the campaigning, do a bunch of town hauls. stuart: by the way, eight years ago hillary clinton had 43%, then candidate barack obama had 24%. >> yeah, any time people get too attached to polls right now, it just makes me think,

like, you're not looking at the long game very much. polls go down, i'm living proof i was there and there's nothing better being in fourth place. i think marco rubio is going to be the one to watch. stuart: you're discounting trump and carson? >> i'm not discounting them entirely, again, donald trump and carson are hitting a different nerve but when you really look at the different stage of who you want to go against hillary clinton and rip out her jugglelar, it looks like marco rubio. stuart: that's -- >> i keep it graphic, i say inappropriate things to you on the show, i'm sorry. why do you keep having me back? [laughter] liz: she wasn't serious. that was a metaphor. >> i don't mean literally. stuart: going for the throat. go for the throat. look at this, please, outside our headquarters in new york city big promotion for fox business and the republican debate. yes, there it is. liz: ding ding ding. stuart: one week from today, as a matter of fact. that will be tuesday, november the 10th. yeah, there you go. see what power i have?

i can make those screens just go like that. liz: you're magical. stuart: look at all the people we're going to have there, maria, neil, that's the next republican debate, it airs a week from today, tuesday november the 10th here on the fox business network. all right. look at the share price, please, of exxon mobile. hillary clinton says exxon deceived the american public about the risks of climate change, and she wants a federal probe of exxon. former shell oil president john hofmeister joins us now. john, you're big oil. you were the president of shell. you've seen all of this before. but this time, maybe hillary clinton could force an investigation that has real teeth and could really hurt. what do you say? >> well, of course the nation needs thought police, don't we? we must have candidates who offer new programs. i think thought police in brown shirts is a very good idea.

what do the clinton candidates -- what is the clinton campaign and a campaign team that know thousands have geoscientists and engineers at exxon mobile don't know? i don't think there's a scientist among the campaign's leadership but there are plenty of scientists at exxon mobile. have we reached a point where you cannot have your own opinion? where you can't articulate your own opinion? i think it's very sad that we're headed down this path. stuart: it's an attempt to criminalize people who disagree with you about an issue. you put them down, you shout them down one put them out of business, and actually i think they're planning to investigate the oil companies and hit them with a suit. that's the racketeering and corrupt practices act. and if you win, it's triple damages. i think they're really going after them on this. >> well, you know, stuart, that i'm a registered democrat. i am disgusted with the leaning towards the left in order to have a third term of

barack obama. i have not voted for equilibrium since 2008, and because i was turned off by his policies what about we need are democrats with fiscal austerity and sensitivity and democrats who can speak to the middle of the nation's agenda not to the far left. and in order to get that, we need somebody else to enter the race, it appears to me, because we're not getting the kind of middle ground that i think this nation needs. i'm actually looking closer at republican candidates today because i cannot poll trait the views of the current democratic candidates, stuart: hofmeister, be careful. you're on tape saying that. we're going to keep that tape. we're going to keep it. okay. john, thank you very much for being with us. you know what we're talking about. we appreciate it. thank you very much, john. i want to get to that -- the fight here at home in ohio to be precise about legalizing marijuana. ohio will vote on creating a

basically a monopoly by limiting the number of legal pot growers to just 10. a statewide tv ad paid for by marijuana -- the people who are behind -- the farmers who are going to have this monopoly, they're the people who put this ballot initiative to the voters, and they vote on it today. what do you say to that? megan mccain, have you got time to gather your thoughts on this one? >> of course i'm for the legalization of marijuana, i think we should tax it and make a lot of money off of it and a little bit more piece of my heart -- stuart: hold on a second. can we roll that tape? i've got nick rolling. >> ohio is my home, and i care very deeply about the people here, which is why i'm proud to be part of the movement for the jobs, reinvigorate our economy and improve the safety of our communities. stuart: across the bottom there? they're only going to allow 10 legal pot growers in the

state. and everybody who sells the weed has to buy from the ten pot growers. and nick is one of them. liz: synthetic is marijuana is so dangerous right now so they have to check the supply chain. ashley: the money high rollers coming in. liz: it's really regulated now. >> i lived in los angeles for a year and people smoke pot like people in new york drink wine, it's happening all over the country, you might as well legalize it, and make sure people don't have pot that's laced with something crazy so bad things happen. stuart: are republicans going to be behind on another social issue as they have been in the past and lose a state like ohio because they're against legal weed? i don't know. but, megan, a lot out of you today. >> my mother hates that so much. she's, like, stop. stuart: everyone knows. [laughter] that apple products are popular but the largest supporter of apple might surprise you. i missed this story jo ling,

give it to me. >> the biggest spenders at capital are already collecting social security. men over the age of 65 were apple's top spenders last year, each spent an average of $976 each and the national average is $788 a person. also looking at apple stock of course it is up about three-quarters of one point. google is says it will deliver packages by a drone by 2017. projects that project wing the name for google's project wants to take flight and start doing google business. google has registered two different drone models with the faa. and the results are in case you were wondering. instagram is the most popular social network for teens, no surprise there, data shows 33% of teens rank it the most important followed by twitter at 20%, snapchat at 19%, facebook is down at fourth at 14% but facebook owns instagram and that stock down

right now just about a half percent. stuart: already, jo, we packed a lot into this block for the 10:00 hour, we're out of time but we'll be back in just a momt

stuart: all right. where are we now on the dow industrials? tuesday morning up 18 points, getting close to 17.9. kellogg's not selling cereal like they used to. high prices of course and everyone wants so-called healthy food so helling on is down 4%. disappointing sales at sprint, more shifting to monthly leasing plans from traditional two-year contracts. they don't like that, the stock down 6%. look at twitter, the latest news from them makes it sound like they're trying to be more like facebook, i'm not sure i understand this but ashley does. ashley: hold the press. they've decided to change their star icon, which you would use in addition to a tweet to say, hey, i'm liked a tweet and they're changing it to a heart much like a like

symbol on facebook. so i'm almost speechless the excitement of it. but they say, twitter saying that the heart symbol is so much more, you know -- speaks more to someone really liking something as opposed to a star, which is confusing to newcomers. stuart: is that a chart to facebook going up versus twitter going down? ashley: yes, it is. stuart: when is facebook going to buy twitter? liz: meanwhile facebook panicked about the topical nature of twitter and they're trying to be more peop be li twier a thecan mark. stua: anhe ner iust n't ke t endss seam negive. z: gng tget re hrts w. moreeartfor u. stua: cat wa. cat wa. t's t tohe rsianlane mystery, this is important, killed 224 people, mostly russians. now, a u.s. defense department official tells fox news there's no way it was brought down by a antiaircraft

missile. chris, so there's no way it was brought down a missile or antiaircraft fire but we have heard that that same defense department official says the satellite detected a flash, an explosion at the time the plane went down. this obviously raises the issue of terrorism and that's extremely important in this instance. explain it all for us, please. >> yeah. there's three options here that would cause a heat signature like at le, w iea the fuel tanks and cause a heat signature, and the second option it's possible that a fuel tank exploded because there's miss wiring, that's what happened with the twa fight over long island. the third possibility is the aircraft disintegrated in flight and then the fuel tanks as they that in terms causes a massive fireball. any likely at this point, we don't know until the engineering investigate is complete.

stuart: if, and i stress the word if, if it were terrorism, that looks back for vladimir putin because it looks like he's -- pay back for what he's doing in syria i guess. i mean that's the all important question, isn't it? was it terrorism, yes or no? that's the question, isn't it? >> well, for the sake of argument, it was terrorism, we don't know that yet. i think this is good for vladimir putin fap. you've got to differentiate what is good for vladimir putin and good for the russian people. keep in mind the russian people have been fighting a war against the islamic terrestrials for the last 20 years and fighting an active war for the last 25 years in their border, so they have a very high tolerance for pain. the russian people are not going to be that upset as a whole that there was one terrorist incident. what they want out of their leadership is to take the fight to the terrorists. vladimir putin is taking the fight to the terrorists but to the wrong guys. stuart: and he could do exactly that. if it was terrorism, putin would take the fight directed to the terrorists. and he would win domestically i guess. 20 seconds, chris.

>> yeah. ultimately this is a political win for vladimir putin either way because he's a master at manipulating the psychology of the russian people and in this case he is taking the fight to the terrorist, but he's taking it to the wrong people. they're not, in fact, terrorists. he's taking it to the enemies of the assad, the modern rebels. stuart: thank you so much for joining us as always. thanks, chris. >> thank you. stuart: you are overwhelmed by refugees. chancellor merkel is opening refugee camps for hundreds of thousands of people on german soil. my take on that is next we live in a pick and choose world.

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indeed growing louder. and did you know vice president dick cheney, actually he ran the country -- okay. very briefly, he ran the country from a secret bunker in the hours following 9/11. fox news james rosen author of a new book about cheney on that subject. within a few weeks, refugee camps will appear on germany's southern border. these camps will hold hundreds of thousands of people. can you imagine this? europe has seen nothing like it since world war ii. germany's justice calls these camps mass holding camps in no-man's-land. overnight, under intense pressure, chancellor merkel has reversed her open door policy, the well known mat is gone. quite simply, europe has been overwhelmed. a record 218,000 migrants arrived by sea in october alone. 744,000 this year. 3,400 have died.

it is a security, humanitarian, and financial crisis all rolled into one, and it gets worse. millions more are coming. look to the future. how is this going to play out? this is not just a european problem, america will be part of this. think about it. these conferencier will soon be vast tent cities, full of weary and very unhappy people. there will be demands for the world community to help. that's us. will ameca te in few hured ousa? at suld a qstiofor l pridenal cdidas. mocr, anrepuican oulde? ll aricaelp nanclly? how ll wscre mignts otut jaddist can we screen effectively? and can think about this. will america give preference to christians and nonmuslims? after all they're the primary victims of cleansing. here's another question. how much blame goes to the obama administration? it has failed to stop isis, failed to reign in syria tyrant assad, and it was duked

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stuart: not bad. 37 points higher. the dow industrial getting closer to 17,900. how about this? the maker of polaroid cameras, do you remember them? suing gopro for allegedly infringing on its patent for cubed-shaped cameras. gopro down again 24 on that stock.

now this. the group of protesters swarm the cme in chicago, calling for tax on the rich, tax on trades. hundreds of them are there for a couple of hours. peter mauricey professor of economics is with us now. all right, peter, it seems to me that that group of people, the left which wants to legislate higher wages and tax the rich, they're making a lot of ground here. seems like they're winning the argument, am i wrong? >> well, absolutely the democratic party and the president of the united states keeps telling these people that they are poor or they have low in connection with for no fault of their own. the fact that they didn't study hard when they were young, didn't borrow money to go to college, to do something productive while they were at college perhaps but instead studied art history or liberal studies or what have you, now they find themselves with low in connection with and their answer is to use the ballot box in the most cynical way possible. the 51% of the population to just take away the hard work and effort of the 49 who

really dodo something. stuart: okay. now address those people in chicago. demonstrating in favor of a very small tax on every single trade that takes place at the cme. what is wrong with a minuscule tax? economically what's wrong with it? >> well, it would weigh on capital markets. those trades basically make capital markets work better, they ensure against risk, and they provide farmers, for example, with the opportunity to insure their crops. the whole situation is absurd. they're not taxing the wealthy, in the end they're taxing the ordinary iowa farmer. what it is is market, notice how many clergy are in the crowd, in particular a priest priest note they're not scholars, they have gone to this behavior, i know, i'm one, i see it every sunday, it's appalling. stuart: wait a second. i'm one. >> i understand that. and you want to take a hard look at what's going on.

stuart: okay. okay. but back to the original question. if you tax every single trade, stock trade or commodity trade, if you tax every single trade to the tune of one-tenth of one cent, how is that interfering with the capital market? you're an economics professor, explain it to me. why is that a big problem? >> well, would one-tenth of one cent make a difference in the illinois budget? i doubt it. i doubt it very seriously. it would have to be something more significant and substantial. but it's also something far into the left. the idea of principle. why not tax all the people with brown hair? people with blonde hair tend to be richer than people with brown hair. why don't we get it that way? we tax consumption in this country and tax income in this country. this is neither. this is a wealth tax. wealth is cumulated after people pay their income tax and abstain from consuming, they save to help build a better country. what we're doing is taxing savings in the end.

stuart: all right, peter mauricey on fire this morning. liz: great. stuart: i'm really shocked there. liz: that's using the bully there. stuart: bullying me. ashley: i'm one too. stuart: oh, you are? you should have that said. [laughter] all right, peter, thank you very much indeed. we appreciate it. complete change in subject, and let me tell you now. this is a change of mood, okay? yesterday i spoke to patricia smith, she's the mother of a benghazi victim. sean smith. watch this. >> i hope so, people. listen. listen 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 sense. stuart: now let me put that in context. that was the mother of one of the benghazi victims, she had met with hillary clinton when

her son's body came home, hillary clinton had told her that it was the result -- the attack in benghazi was the result of a video. smith there said, no, she lied. fox news james rosen is with me now. and, james, you have -- you're really at the forefront of covering the e-mails and hillary's appearance before congress. what did you make of that highly emotional statement there from patricia? >> well, of course, stuart, just as a person your heart goes out to her. stuart: yes. >> because she's still suffering from a tragic loss and a murder. a terrorist attack. and there's something to be said for the idea that when mrs. clinton was meeting with these victims' families as the remains returned home and pressing a false narrative, a narrative we now know to be false about the video being the source of the benghazi attacks, thanks to the benghazi committee, one of the e-mails we now have not one of hillary's e-mails but an e-mail if her own diplomats back to the state department building in washington on the very day where that meeting took place saying let's -- in essence, let's not conflate

what really happened here, which was a well-planned terrorist attack with this video, which was basically a nonevent here in libya. so i think ms. smith's point at some point has yet to be fully addressed. stuart: you're a very reserved guy, you don't use inflammatory language, she said lied. would you use that word? i don't want to press you too hard. but would you use the word lie. >> to use the word lie requires us to have some visibility into the mind of of the person doing the speaking and i'm not sure the questioning of hillary clinton is extensive as it has been by lawmakers has been skilled enough frankly to bring us where it would need to bring us to make that complete determination. but i think it still remains on secretary clinton to explain how she was still pressing that false narrative when her own e-mails, for example, one to chelsea clinton shows that she knew exactly what benghazi was. stuart: okay., james rosen, you've written a book. >> yes. stuart: extensive conversations from vice president dick klainy. >> right.

stuart: in that book is called cheney one-on-one and in that book you recount how dick cheney ran the country, at least briefly from a bunker in the white house in 9/11. tell us. >> yes. knighting great detail with the vice president, he narrated for me minute by minute about being lifted out of his seat as the vice president of the united states and his own secret service agents by the seat of his pants, taken down to the bunker, called the presidential emergency operations center, he's looking around seeing weapons getting passed out, they're not up to 21 century scratch, what kicked in for vice president this time was classified training he received while congressman called continuity of government. what does that mean? it's about how you keep the united states government running in the event of what was then back in the 1980s when he was getting the training perhaps a nuclear exchange with the soviet union, the first principle of which you keep the line of

succession intact, the president, the vice president, the speaker of the house. first advice he gave to george bush that day, bush didn't like it but he listened to acheney which was stay out of washington, we have to keep the line of succession intact . stuart: so it was at that point that dick cheney did take control of the government because president bush was flying around -- he didn't know where he could land safely. >> exactly. stuart: he was out of touch. but the vice president was not in touch. is that the situation? >> i don't know times they were out of touch and the decisions had to be made prior to how to get our arms around the aviation system and ground about 1,000 flights at that time. cheney told me they were suffering from -- he used this word, shock and a and also the fog of war. they were getting false reports of pipe bombs going off in the state department, they thought there were six planes not four involved in the attack and it was cheney who issued the order to a very stunned defense secretary that

if the plane that ultimately crashed in shanksville, pennsylvania entered washington airspace where it was believed to head for the white house or capital dome, it was to be shot down and he could be heard on the tape saying under whose authority, dick, because after all the vice president is not in the military chain of command and said that the president conferd that responsibility on me. stuart: so it is that point that he is the president. >> and the photographs that were taken inside the bunker they show where the center of gravity was. other high ranking officials, he was the national security advisor standing around, it's dick cheney calling the shots. it was. stuart: quite a book you've got there. with cheney one-on-one, is that the name it of? you know, we were going to leave times for a beetles quiz because you were the ultimate beetles -- but that was such a great description we haven't got time. >> i'll come back. stuart: that was perfect. that was really good. three british accents around here. ashley: for starters, i don't like your thai. [laughter] >> .

stuart: he's good. he's really good. that was great. >> thank you, stuart. stuart: very much indeed. one week from today the republican candidates face off, that's the next debate and you'll see it right here on the fox business network. tuesday, november the 10th. now, the sector report. what happen are you dealing with today? a massive americaer between two gaming giants. i say it's massive because the amount of money that's involved. here's the story. activion blizzard, the guys behind the very successful call of duty franchise, they're spending close to $6 billion to buy king digital, they make the cell phone game candy crush. look at the stock of both companies. higher. bottom line here is there's big money in gaming; right? $6 billion. who would have thought? next case. the violence in israel continues. more stabbing attacks by palestinian terrorists. israel's army cracking down, is israel getting the support they need from america? and israel here to respond

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that will allow those machines to share information with each other. i'll be changing the way the world works. (interrupting) you can't pick it up, can you? go ahead. he can't lift the hammer. it's okay though! you're going to change the world. >> i'm nicole petallides with your fox business brief, yesterday the dow jones industrial had a rally, tacking on about 162 points to the upside again going into positive territory for the year 2015, the s&p down fractionally, and include chevron, visa, and dupont names under pressure, pfizer and united health.

and auto sales in focus saw double-digit person most knowledgeable rise, gm lead the big three, 15.9% jump there, surpassing estimates, fiat chrysler doing very well with the jeep brand, 14.7% jump and ford motors 13.5%. that's some good news there. we see merger, price your vehicle, and volkswagen right now slightly higher, they're looking at audi for emissions sl

stuart: i'm sure everybody has seen the on going violence within israel, palestinians at random stabbing israeli citizens, joining me now the former mayor of shiloh, israel, his name is david rubin and our guest here in new york city. welcome to the program. >> thank you. stuart: i get the distinct impression living in america that americans no longer support -- our leadership no longer supports israel in the way it traditionally has. what's your perception will go to has been i think you're making the right distinction there. americans very strongly support israel, there's widespread support for israel, i think. but when it comes to the political leadership and specially when it comes to the

democratic side of the aisle in congress, we have seen drastic drop in support. stuart: how do you explain that? why is this going on? >> well, the democrats follow their leaders. their leader shall i say? and president obama has been the worst president as far as support for israel and standing with israel. and john carrie, hillary clinton before him, we've seen this. we've seen this on going for some time now. stuart: but you're an observer of the israeli seen and the american scene. in the next presidential election 2016, do you think the jewish vote will go 70% to democrats as it has in all recent presidential elections? >> well, i would certainly hope not, but i'm sorry to say that the majority of american jews don't base their votes on american support for israel. and i'm, you know, i'm

concluding the speaking tour where i've spoken mostly to christians, and i find that christian support is much stronger than jewish support for. stuart: what did he that's fascinating. can you explain that? >> yes. i can. stuart: go. >> the reality is that christians feel very attached to israel for biblical reasons, for historical reasons, and they feel very strongly that israel is light onto the nation as it says in the prophecies of the bible. and they want to stand with israel. stuart: i'm a christian, and i live in america, i've lived here for 40 years. i support israel because it's the only democracy around. they're a faithful ally of the americans and have created the christian ethic by which we live, that's why i vigorly support israel. >> yes. except when you look at the facts on the ground, most of the american jews --

most i say. it they think very strongly in terms of their liberal agenda. so if they're democratic voters, they're going to be knee-jerk on the issue of israel. and when it comes to israel, the left wing and the democrats have been strongly against israel when it comes to case issues such as the iran deal. stuart: do you think of the iran deal? >> the iran deal is an absolute disaster. stuart: for israel and america? >> i don't know israel and america and very sadly the democratic party went hook, line, and sinker with president obama on those de blasio they did. david rubin, i'm out of time but thank you very much for joining us today. we appreciate you presence. >> you're welcome. stuart: switching gears front page cover of britain's biggest newspaper. here's the headline. diet coke heart risk. a new study finds drinking two cans of diet coke a day

dramatically raises your chance of having a heart attack. they tracked 4,000 men over 12 years. those who drank two cans of soda, nearly 25% more likely to have a heart attack. dr. mark siegel says they ignore the lifestyles. >> i think it's part of a larger question, stuart, what are you doing in addition? in other words, those who drink soda may also have been bacon cheeseburgers. they may not be exercising with and having alcohol. so it's more of a lifestyle here. stuart: doctor siegel doesn't always trust those statistical studies and frankly neither do i. next a new company uses virtual reality goggles to train athletes. we'll show you how that works and coming next hour judge on the robert durst, got a very personal connection to this. she says he's guilty and has not yet gone to trial.

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sentenced to an excessive amount of jail, i saw your records now, i see them now be with you're an entirely different human being, i see your shot, that's much more intellectually way to address this than to say we can't ask about your background. ashley: the gaming and entertainment industries have fully embraced virtual reality but not so much in sports. but that is about to change thanks to my next guest company. they've developed a brand-new virtual reality sports practice system that's used by both high school and professional athletes. very cool, welcome in ceo brendon, very well quickly flan explain how this works. >> we have a lot of different types of virtual reality. the most common one that athlete uses is what we call smartphone simulator and there are a lot of different kinds of smartphones similarities out there but they all work the same where you literal download an application onto

your smartphone, and you put that phone into the headset and when you put it on, you feel like you're actually in that virtual world training on a baseball field or football field or whatever we've created. ashley: so how much is an advantage does this give you as you learn your skills from the pros as opposed to watching it on a regular tv screen in sl slow mow? what are the questions? >> great request he. we'll take baseball, for instance. in a game of baseball you're only going to see game-like pitches come at you in a real life game. so giving kids, athletes, and professional athletes the ability to train in real live game action and have them have to make the same decisions that they make on the field, that's where -- even if you go to a batting cage five days a week be with you're still getting really good at hitting against a machine. being able to hit the ball accuratelily and hit it well requires a lot of timing and a lot of that has little to do

when the ball's in flight. it has a lot to do with seeing the pitchers biomechanics, seeing his release and clarify. >>: so it's about learning the pitches and the strike zone. it's liz macdonald here, how much does it cost? >> we teamed up with jayson to provide pitch tracking recognition and the training program is $99 and the headset is $99 and if you get it right now, you can get it for 20% off on our website. ashley: are you in kansas city? >> i am. i wore my -- ashley: i thought you might be. did any of the royals use this virtual reality technology? was that the difference? >> you know, it hasn't been yet. we just started in baseball in the past month. ashley: all right. >> so i expect a repeat next year. ashley: okay. mets fan giving me a rap right here. brandon riley on sports, thank you so much for joining us.

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we will check in with her in just a couple of minutes. this is important. a pull from monmouth university showing hillary clinton taking a lead over bernie sanders in new hampshire. this is important. bernie sanders was running away from the new hampshire vote. now, hillary is in the lead.

>> i think that she is the candidate. i think she will win 2016. stuart: i knew that you were going to say that. i think this is the effect of the benghazi hearing. stuart: joe biden jumping in? >> and a lot of people were waiting. you have the fact that he did not comment. we have to make a decision. >> now she is in the lead in new hampshire higher. she is the candidate. >> she is the candidate. stuart: to the markets. the dow industrial average is up for the year ended as of today. fifty-four points. getting close to 179. king digital. being bought out by activision. the price tag, that is the

story. nearly $6 billion. fit that, higher profits. the company will issue more shares. fit its stock is down today. how about chipotle. closed 43 stores in seattle and portland because of the e. coli outbreak. more 664 expected from e. coli. get back to my take. i just set the president only sounds passionate when he is bashing the gop. >> what else is he supposed to do? in the debate, although party does is talk about how this will not be a third term for obama. they do not answer the question.

what is he supposed to do but respond? >> a campaign. that is all he is good at. stuart: passion and emotion when confronting a foreign dictator. fire in answering a question at a news conference. the man only speaks with fire and passion. >> he has to protect the democratic party. twelve, 13, who knows what number it is for that day. stuart: don't you think he has to stand fall for america? >> you cannot go on the defensive. >> the problem is, look at how angry and worked up you are.

to your head is going to pop off. [laughter] this is a serious time right now in america. republicans are beating him up nonstop. enough is enough. stuart: the middle class is shrinking. deeper and deeper into debt. we installed our friends and allies. to the russian plane mystery. the pentagon now says there is no way a russian plane was shot down by a missile. we have new information today. the jetliner went down during a heat /. it could be a bomb or an explosion in a fuel tank. the result of a mechanical

failure. all people on board were killed. almost all of them russian. shocking numbers out today. the un refugee agency says 744 migrants cross the mediterranean sea this year alone. 218,000 arrived in october. angela merkel responding now. building camps from the border. housing hundreds of thousands of migrants. juanita ferris is here. this crisis has taken a new term with germany's reversal building camps. what say you. >> chancellor merkel was surprised and not prepared enough strategically for this mass migration. this one, the economic elite

working with merkel told her we need those migrants as workers. they did not analyze who these migrants are. enhancing the news that they have. stuart: why do you think that this is going? where are we going here? >> it is in turkey. most of the migrants going through europe is coming from there. what would the new government want to do with this issue? the second line is grace. they are already in europe. that europeans should european should discuss among themselves before they get to germany or sweden. stuart: guards in uniform.

maybe raise the wire. that is an appalling picture. >> it is very traumatic. photos from other decades. i spoke about it to the european parliament. the austrian german border. the crisis began between turkey and greece. that is where that european should have been quoting their efforts in turkey and syria. now it is all over europe. the problem is this will open the rise of influx. it will also give opportunity to clash. stuart: one more issue. the most dangerous place in the world to be a christian is in pakistan and yet we still give billions of dollars to pakistan. have we got no leverage? inverting influence over

pakistan to fix the christian problem properly. >> absolutely. a very sad situation. we are not putting pressure on the pakistani government. they are not raining in on those radicals. persecuting these millions of christians. the state department welcoming 100,000 of these refugees. we do not hear about the pakistan christians. stuart: thank you for joining us. appreciate it. thank you. numbers coming in today. sales were up 13% compared to last year. car sales are up. presidential candidate donald trump did laid out his plans for improving the nation. making america great again. cheryl casone is at the release party. what is mister trump likely to

say? cheryl: a lot of what you will see in the book, what you will read in the book, and i have read most of it this morning, is what you hear on the campaign trail. how to fix the health care system. i do want to show you a scene at trump tower. we have crowd starting at 4:00 o'clock this morning. i have video that i shot just a few moments ago. they are going down fifth avenue. down 53rd street. a live picture to show you. downstairs from where i am standing right now is a press conference with mister trump. if he is running on time, which a lot of times he is not, that press conference coming up here. i do not know if you can see it

very well, there is the big chair, of course. all of these fans waiting to meet donald trump. i have to say, every journalist and international outlet is here as well to see him. stuart: thank you very much indeed. good stuff. robert durst, the heir to a huge real estate fortune, remember when he said you said on an open mic that he killed them all. some harsh words for mr. durst. he will joins us next did a clip from a new tv special first. >> the sender of multiple murders and the unsolved disappearance of his wife is now under arrest. ♪

stuart: breaking news america

finding for the airbag problem. ashley, you have more. ashley: untimely safety defects. facing an additional $130 million fine if they violate a deal with the transportation safety board. recall millions and millions of vehicles. stuart: donald trump is now speaking at his book launch. marco rubio saying he is very weak on immigration. that is at trump tower. publicizing his book and campaign as we speak. the keystone pipeline, i will call it dead. transcanada recall and their application to rebuild the same. no final decision until president obama leaves office. the pipeline is dead. he obviously realize that this

will not go through. stuart: why are you happy that we will not build a pipeline? >> we should not do something to the detriment of our environment. stuart: that oil will be burned somewhere or other and use somewhere or other, but not by us. stuart: potentially destroying everything in its path as it makes its way somewhere or other. >> somewhere or other. >> oil flowing to a pipeline. >> it is a dangerous pipeline. stuart: the other pipeline running through states is not equally as dangerous? i am just giving you what you want, stuart. now this. millionaire real estate mogul

robert durst is in jail in louisiana. he could soon be facing a charge. and microphone he was wearing caught him. killed them all, of course. the author of the new book he killed them all joined us today on this program. first appearance ever. >> that is right. i had to write this book. [laughter] stuart: you are saying he killed them all. >> i saw that in 1999. are you allowed to do that? he has not been on trial yet. can he do that? >> i can do that now. when i was da i said i wanted to speak with him. i believe that had robert durst

would not have killed two additional people if convicted for killing his wife. he was protected by money, wealth and power. the new york city -- a substandard job. kathleen durst goes missing. a four year medical student within weeks of graduation. here is a bottom-line, she probably fell off the face of the earth or ran off with another guy. really? not in my book. i take the cold case and i reopen it. stuart: and he disappears. right? >> we are about to speak with susan berman. in 1982 case. i am monitoring the bank it counts. we are about to speak with her. not for my office, another agency, shia shot execution

style. stuart: this is an interesting story. how much money is involved? how much is that family worth? >> worth billions. billions. for a million and a half dollars you can get away with murder in galveston, texas. that gerri bought that robert durst also killed his neighbor, but he did it in self-defense. here is the problem, he had to chop up the body because he was being chased. none of this would have happened. the jurors said, yeah, i would be afraid of for two. they bought it and it quitted him. stuart: sign that. autograph it. the name stuart.

mr. varney and company. >> i did not have to fly in on virgin airlines. anyway. but to be with you. stuart: come back again. >> i will. stuart: a new national poll puts ben carson in front of donald trump. listen to a donald trump at the say about that. this was this morning on fox news. >> he cannot do the job. there's no question about it. he will not be a will to negotiate with china. it is not his thing. it is not in his wheelhouse. he has never done it before. i do not think it is meant for him. ♪

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call to learn more. switch to liberty mutual and you could save up to $509. call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance. stuart: we are told a lot of shoppers go for more healthy cereals that is why kellogg is down. not doing well on the grocery store sales. how about this for the "wall street journal" nbc poll. carson ahead of trump 29-23. nobody else is even above 3%. seems to me like rubio and cruise -- ashley: i was just going to say that. very slowly gaining traction.

jeb bush still stopped at a percent. he is not disappearing, but not moving. starting to gain a little bit for rubio. carson and trump still way ahead with 28% of the vote. stuart: you have a vibrant debate. all different kinds of candidates. representing all different kinds of views. all you have is one candidate that will win no matter what. coordinated is the queen of the white house. >> the queen? again, hillary will win in 2016. these numbers actually show that people are so confused. they were excited. they have the love affair of donald trump. now that is starting to fade away. carson, he still is in the lead

with all the other random people that will fall off eventually. stuart: it will be interesting when the republicans finalize one nominee that goes up against hillary clinton. that is when the polls will really count. >> what i like about donald trump show sponsored a is he went from attacking the iowa polls to now saying, well, he is not going that route anymore, he is a ben carson is not good for the job. which one is it? stuart: he is live right now in new york city. he has a crowd around him. everywhere he goes, the man has a crowd around him. >> i have not read the book yet. the same old stuff. that is what cheryl said. same old talking points. stuart: good stuff. personal and corporate taxes to get the economy moving. get america moving again. patricia smith, mother of the gods a big dump slammed hillary clinton on this program.

the judge weighs in on it after this break. ♪

♪ stuart: it keeps on going up. sixty points higher for the dow jones industrials. gold going down. 1122. then we have sears.

shoppers do not have to wait for black friday to get black friday deals. coming throughout the month of september. stock down 20% this year. the mother of sean smith. one of the victims killed in the benghazi attack wants answers. >> look at what is happening to your country. this woman is evil. she lies. she liked to my face had a very hard time. she has been lying since. stuart: all right. judge andrew napolitano is here. judge, if you take the emotion out of that, she is saying that she lied. hillary clinton lied here it is it justified? >> yes, it is justified. hillary clinton lied to my face.

she received the bodies of ambassador stephens, sean smith and the two others. four bodies at the time. the mother was physically they are when mrs. clinton said they were killed by a spontaneous demonstration as a result of an anti-muslim video. how do we know that was a lie? that was three days after. three hours after she e-mailed her daughter chelsea and the then egyptian prime minister and said that ambassador was killed by al qaeda. we know that 24 hours after the murder that she received a cia briefing. the plot to kill that ambassador was concocted by al qaeda 12 days ago. we know that 36 hours later after the murders her senior staff received an e-mail from the triple lead embassy staff saying stop. no one in libya had seen the video. whatever it was, nothing to do

with the video. nevertheless, she continued with the obama administration narrative that it was the video. the statement at the air force base is september 14. on september 16, sunday, is when susan rice makes the rounds of the talkshow saying it was a video. stuart: such an obvious contradiction. and obvious contradiction between the truth and what hillary linton said. >> tepid, we, unprofessional examination. more interested in the 152nd sound bite than they are enlisting the troops from a reluctant and ruthless witness. they will have a report at some point. if they say prosecute, no, we

will not do that, what happens? >> and at ti director. a bush administration if president bush did something he believed was unconstitutional. you have an fbi director saying i am getting daily reports on the progress of this investigation. unheard of of the director to get daily reports on any single criminal investigation. you have a very serious team of federal prosecutors and fbi agents. the same team that investigated and prosecuted general put reyes for a similar crime. i do not think that this will go away. you may see information leak and you may see resignations. expect the recommendations whichever way they are shortly after christmas.

guess what that is. and month before the first presidential primary. stuart: yes, it is. thank you very much indeed. the dow has reached 17,900. just hit that level. jeffrey small is with us. this dow just keeps on going up. positive for the year 2015. keeps on going up. almost free money from the fed. is that it? >> a large portion of it is, stuart. $4.2 billion of stimulus. let's also put on top of that cake, that financial kate, 2.4 million corporate buyback since 2010. a world where a policy of zero. you have a market that is growing. the other reason is that there is no other place to put money. we have more of a demand of stocks and reduce supply.

stuart: what happens when that money is dried up or restricted in some way? this road is going to end. address someone like myself. done okay in the stock market. probably going to retire at some point. who knows when. why not take some money off the table now and sleep happy at night. >> be hyperactive when it comes to looking at your money. that is really a customized answer to some of these situations. you really have to reassess the risk that you have at this point in your life. is the risk of the reward really there. you would probably be better focused. stuart: well said. that is the conclusion i've reached myself. donald trump speaking now at the book release.

a couple of bullet headlines from what he has been saying. it is time for some of the republicans have little or no support to drop out of the race. he says jeb bush is in danger of falling asleep at the podium. he says he, donald trump, is right on anchor babies and that he, donald trump, one all of the debates thus far. by the way, at his best at an entertainer right now. wowing background at his own trump tower in new york city. now this. presidential candidate carly fiorina fighting back. comment made about her by the host of the view. listen to this. >> i think what this points out is that liberals and unfortunately that includes will grow women, they attack the messenger. man up. if you want to debate me on policies, the obama administration, for example, has been bad for women.

planned parenthood is harvesting baby parts, if you don't like those man up and debate me on it. stuart: should not be attacking the look of a female candidate. >> herbal smile thing is a little bizarre. she talked about it. she said she was not a vix miler. why is she so upset? why are republicans so upset. that is right out of the republican place. >> that is not speechless. i am astonished that you do not recognize anything that is going on here. >> i think that it is a little

amateur. harvesting baby parts. it is not true. >> it is not true. stuart: that is what happened. the stars of the dynasty, they have a lot to say about the state of our nation. they join us next. >> first prerequisite for man or woman, can she cook. if your woman cooks better than your mama, you got one. >> just live off love. >> not really. ♪

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♪ nicole: i am nicole petallides with your fox business brief. we are seeing the dow to the upside. up 86 points right now. 17,915. exxon and chevron great performers. s&p up three. the nasdaq up 11. keeping an eye on aig. it has been to the downside. profit plunges. talk did increase the evidence. karl icahn. sparking the talk. let's take a look at candy crush. king digital. also activation. you can see. move there. to the upside king digital.

after the bell today, exxon, groupon, tesla, at beyond a.m. every day. ♪ can a business have a mind? a subconscious. a knack for predicting the future. reflexes faster than the speed of thought. can a business have a spirit? can a business have a soul? can a business be...alive?

stuart: sued over the e. coli outbreak. ashley: at least 22 people got sick all after this e. coli outbreak.

eating a burrito bowl at the vancouver washington during this period of time. she is suing for quite a small amount. $75,000. hoping some punitive or whatever. it could be 2 million. stuart: i want the hundred million, your honor. lawsuits, here they come. robertson family known as the stars of the dynasty. they also have a lot tuesday about the state of america. the authors of two books. strong and kind and american hunter. when i bank of america going in the wrong direction, i think, you know, we are all losing a lot of money. when you say america is going in the wrong direction, you think

of something entirely different. >> yes. turning away from god as a country. they do not quite know what to believe anymore. i think we excuse people for too long. all these things that are important values. these things that i talk about, acting like they do not matter anymore. stuart: before i go on, do you have any solutions to this? >> i think that we have to raise our young people with strong character rates. if we are not living it, we think it is important, we are not kind to the people at the grocery store or soccer game we are yelling at the referee, if we are not asking what we think

is important, our kids will see it and they will not live it. stuart: i yell at the tv screen on a daily basis. that is entirely understandable, i do believe. >> sometimes that is warranted. [laughter] stuart: to not shout at me. the author of the second book. the hunters spoke. how legendary hunters shaped america. can you give an example. >> if americans were out in the woods and provide for themselves, they could really help this country. you can be strong in the woods. i wrote a lot of stuff about legendary hunters. helping design america. all these people back then were living off the land in hunting. especially guys like teddy roosevelt. a guy that had a passion for the

outdoors. really wanting to protect the land. hunters love animals, we love the land, we are the ultimate conservationist. stuart: i do agree with you 100%. that is a fact in my mind. you are saying hunting characterizes america. any kind of use of guns. wanting to hunt something and kill it. you are going against the tide of current popular opinion. >> there is a big movement. just talking about e. coli. we have no idea where they came from. we do not know what they have been pumped with. i see exactly what i am going to

get. it is all natural. we come back and clean it. i think that there are people that are seeing a pretty good way to consume meats. stuart: remember that? thank you very much for being on the show. great stuff. come back anytime. thank you. >> thank you for having us. stuart: gourmet prepared meals delivered to your door. this is tv dinners for the 1%. it sounds good. how much. we discussed next. ♪

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stuart: gourmet prepared meals delivered to your door. that is what a new food delivery service offers to its users. the muncher re. the owner joins us right now. i do not understand why this is useful. if you live in any city in the united states of america, i can get online and order just about anything that i want instantly. why do i have to come to your website? >> thank you for having me.

it is actually more difficult than you think. the vast majority are not meant to be for delivery. the chefs really want you to come to a dining room and get service in the kitchen. stuart: you are a gourmet chef. >> icon from a personal background, a very modest background, i am an immigrant to this country. it goes against everything i ever stand for. you can get a full a of salmon with mashed potato and asparagus , grilled asparagus, for $11. that is incredible. stuart: that is incredible. >> in the any dining establishment, it will be at least twice that. >> that is true.

we hire our own staff. we partner with chef charles. bringing his recipes to customers. expanding the cooking at home. they say what do they do on nights they do not have access. they all want to cook. they do not have time to cook. stuart: i can hear you. we are out of time. >> these are incredible meals. stuart: thank you very much indeed. the irs. audits of individual taxpayers dropped to an 11 year low. you know what, they are blaming all the budget cuts. they do not have enough

auditors. stuart: the police force, obamacare, are they not. speechless? >> the audits are at an 11 year low. you are still attacking obama. they are not spending government money on auditing people. i cannot win. >> that is probably true, actually. you got me. great sport. you have been here the whole hour. >> it is fun. more varney after this. ♪

. . >> i think marco rubio is the one to watch than the one to beat. stuart: you discount trump and carson? >> not entirely. donald trump and ben carson are hitting a nerve with a certain demographic of people.

when you look at stage of who we want to go against hillary clinton and rip out her jugular, looks a lot more like marco rubio. stuart: you catch that, rip out her jug la. that was meghan mccain. she thinks rubio is the leading gop candidate that she wants. which republican candidate do you most fear because you're a democrat, hillary is going to win the nomination, who do you most fear on the republican side? >> i fear all equally. i fear rubio, i fear cruz and i fear ben carson, how do the republicans find a doctor who doesn't believe in medical care and obamacare? stuart: no, no, no. >> the worst thing, when you say things so extreme, the worst thing since slavery, it's a little aggressive and scary. stuart: rubio has you worried? >> as well because of his extreme far right position, and he's so robotic in talking points. stuart: cruz, that far right?

>> no, but more popular than ted cruz. there was an article in the "new york times" that said he was the nominee. stuart: and ben carson has something about health insurance as opposed to health care, subtle difference? out of time. neil cavuto take it away. neil: we're focused on a couple of developments, the corner of wall and broad, we're not far that 18,000 on the dow. it eked into positive territory, it is comfortably doing so on the era of the s&p. keep in mind, we were leaving the third quarter with double digit declines and fears that it would be the first down year for the markets since 2008. way too early to put a cap on this year, but certainly an advance that continues into the month of november. big deals and big money for big deals, driving this, no chump change when you talk about a game that's fetching 5.9 billion dollars in takeover talk. we're keeping an eye on that,