where maria will be live charleston, south carolina the site of the g.o.p. debates. legendary investor foster freed, attorney general john ashcroft her guest, right now charles payne, it's yours, charles. charles: i'm in all week for stuart varney. will all signs point to a terror attack in turkey, so far ten dead, 15 injured. it was a suicide bomber and he was a national. terror not affecting the market. looks like a triple digit on the dow, but rbs says sell everything. we're following oil very closely. right now it's higher, although there's a new report that says as many as one third of oil producers could face bankruptcy as oil continues lower, lower, lower. hey, hillary clinton, did you see her tax plan? it's more like a tax of the

rich plan. she's calling it a surcharge. "varney & company" is about to begin. ♪ >> we begin in turkey, a suicide bomber targets a tourist area in istanbul. at least ten people have been killed and 15 injured. what do we know about the bomber? >> what were they saying at this point? a 28-year-old syrian national known to authorities, by the way. detonating a suicide bomb in an area popular with foreign tourists. it's believed of the ten people killed many are indeed foreign tourists and certainly, germans are believed to be a part of this as well as perhaps some scandanavians. and germany and norway putting out travel advisories, as well as denmark, staying away from

crowded attractions in turkey. the turkish president says he strongly condemns the terrorism that happened in is-- istanbul and the square. we've had no claims for responsibility yet. we know that tourists were targeted in tunisia last year and that was, indeed, believed to be isis behind that. so do not be surprised if this is isis-related. we know that turkey is taking part in the coalition led air strikes in syria. charles: let's bring in andrew, your combat veteran. and i've read reports eight of ten of the dead were german citizens, don't go out in the crowds and denmark taking part as well. what's your thoughts. there has been controversy

recently over isis selling oil to turkey. what's going on here? >> well, my first reaction is this shocking terrorist attack is going to be the final nail in the coffin of angela merkel's refugee policy, right, where germany has accepted over a million syrian refugees. it comes right on the heels of the horrific report of gang rapes over new year's eve of german women that has the nation of germany in an uproar right now and i would suspect there to be significant pushback against accepting any more refugees going further. charles: there's no doubt there's a tremendous amount of pressure, she canceled the trip to davos. apparently, it's going to take a lot of constitutional unwinding in germany to sort of visit things sort of denmark has done to cut off migration. do you think it's a complete sea change with respect to the whole multiculturalism dream germans once had? >> that would be a change of

multi-generational proportions. germany has been a post-national non-german state since the end of the second world war for obvious reasons. to do something like denmark has done or eastern european countries have done and we're going to take a strong, strong stance against asserting our nationhood and cutting off refugee flows is probably too much for this generation of german leaders to do, but at the popular level, the younger level, i would expect to see some of that. charles: want to bring you back to turkey for a moment. last year there were suicide bomb attacks that killed a hundred people. there's no doubt that western tourists or the targets here. where is turkey on this whole thing. they are he an obviously, quote, unquote, our ally about, but we know they're doing certain things like the oil trucks and carivans of oil, isis oil into turkey. do they have to make a deliberate decision what side

they're on before we should step up further before deciding? >> turkey, it lives in absolutely the worst neighborhood in the world and by the way, it's getting worse. turkey's neighborhood is degentrifying, like new york under deblasio. for the first time in history russian forces are operating unchecked on its border. iraq has joined iran in a hostile-- >> what i'm saying, you have a leader to sort of wants to go back to what turkey wasn't supposed to be. that's a problem. how can they fight isis, them some sort of caliphate or islamic rule? >> that's my point. compared to other threats, turkey sees isis ises kind of okay. it would rather not fight isis. charles: appreciate it. thank you. want you guys to look at this, the latest fox news poll.

55% believe that president obama has mostly failed in his handling of terror. and sheriff david clark says part of that failure is refusing to name the enemy. take a listen. >> ben franklin said we're all born ignorant, but one must work really hard to remain stupid and apparently he had mayor kenny in mind. and this has everything to do with islam. charles: sheriff clark of course was referring to the mayor of philadelphia yesterday, saying that last week's attack on a police officer had nothing to do with islam. joining us from capitol hill, congressman jim hynes, rather, a democrat from connecticut. congressman. >> good morning. charles: good morning. a lot of criticism over the democratic party in general, but in particular, president obama's inability to just call out radical islam as an enemy not only of america, but the

west and perhaps the entire world and yet, we see these attacks every single day. does your party feel the pressure? is anyone saying to the president, maybe we should focus and acknowledge who the real enemy is here? >> look, it's beyond insane to say that the problem with terrorism around the world is the democratic party for the president's unwillingness to paint with broad strokes around the islamic religion. let's be clear, islam has a problem, a group of extremists represent a very tiny percentage of that religion and that's a real problem. believe me, the issues in syria, libya, cairo, you game it, don't get solved simply because somebody starts calling something else. look, the president has been aggressive with air strikes, no, he's not put boots on the ground. i'm not sure the american people are there. he's been working pretty hard and the results on the ground show it. isis is now out o of c konani

and-- >> i don't know if it's a useless fantasy or else the president would have addressed it by now. i' not saying the democrats are behind push behind it, but many say the inability to name your opponent in this case. isis, there have been victory. but many believe if we could call them out for who they are, it would keep americans safer. >> that's about as insane it comes. the idea the president twice a day used the islamic extremism, and isis would say they're doing less is insane. let's forget about democrats and republicans, the president is being careful for his language for the reason that a republican president, george w. bush which i didn't have a lot in common with, who i tip my hat to on this, right after

9/11, george w. bush came out and side this is not islam and we have to be careful not to condemn an entire religion with 1.4 billion adhere rents around the world we need working with us, identifying radicals in their mosques. we need to be careful not to make all muslims on the planets think that we're against them. why? because that's what the terrorists want. look, obviously, islam has a problem with a very small group of extremists that are a pe pestulent and that the president would not use that-- come on. charles: congressman, thank you for being on. and the first debate has the lineup. 6 p.m., it's mike huckabee, rick santorum, possible senator rand paul, invited and so far refusing to attend at 9 p.m.,

donald trump is going to hold center stage, next to him, senators marco rubio and ted cruz, dr. ben carson, jeb bush and chris christie and john kasich fill out the podiums. also right now, dow futures, we've been up all morning long, looking like we're going to get a strong opening. here is the deal, oil. take a look at oil because we actually dipped slightly under $30 early this morning and geopolitical tensions may be putting a bid there and bottom fishing, we're going to find out now, we want to bring in john hofmeister the former president of shell oil. off the bat, everybody is talking $20 for crude. do you agree? >> well, you never know and anybody that thinks they have a crystal ball, good luck to them. the over production that's taking place, relative to demand, is an ongoing problem, but there's something i think

is being underestimated and you mentioned the word geopolitical. i think we could see a resurgence of geopolitical concern and to me there's a certain amount of whistling past the graveyard with respect to what's going on between iran and saudi arabia, which could result in aisle field violence. you know, if that oil field violence takes place, all bets are off on the high rise, quick raise in the oil price. charles: i can remember when the geopolitical premium itself was $30 a barrel. stay right there for us, we've got a lot more on this and want to come back on this. i want to show you dramatic in you video from the moment that el chapo captured. and now there's a federal corruption probe and judge napolitano is on his way. ♪

[gunshots] >> incredible footage right there. taken inside the raid and capture of el chapo. and that video, it was taken on a gopro. ashley: it was, you're in the middle of the action. it's dramatic and it shows the gunfire and the final stand taken by guzman's henchmen as el chapo disappears. and five body guards of guzman killed in this. just one of the mexican navy forces was injured. no one was killed on the mexican navy side, but guzman as we know, slipped down a secret passageway, down into the sewers and almost got away.

but didn't. charles: he was down there for a couple of hours. and the fbi is expanding into looking at hillary clinton's e-mails and looking at the possible intersection of clinton state department business and foundation. all rise, andrew napolitano. did she break the law? >> there's a question did she break the law, does the department have the will. there are two investigationings, in one of them two smoking guns came out this weekend. i'll summarize, the first, we know the e-mail investigation, we know there are 1300 e-mails in the category of confidential, secret or top secret which passed through her nonsecure server, you can be prosecuted for the failure for national security measures to be negligent. the government doesn't have 0 to show intent. the two smoking guns shows

intent. in one of them shows to an aide, if you can't send that through a secure fax machine don't worry about it, through a n nonsecure fax machine. and the other one, white out the word, and the new investigation now is an investigation by the fbi and by several state attorneys general of the unusual pattern of behavior between contributions to the clinton foundation. charles: right. >> speaking gigs by president clinton, and decisions made by secretary of state clinton to benefit those who hired her husband or made the contribution. charles: and those, of course, those interesting coincidences have been well-chronicled in the media. we've seen them in a lot of different places. now, real quick, having said that these investigations are ongoing, it would be hard to believe that the obama administration would stop

justice from prevailing. maybe slow down the will of it do a certain date, but now derail it? >> fox has come to believe a variety of sources there's between 100 and 150 fbi agents total on these two investigations. charles: wow. >> it's hard to believe in this age, in this era of terror, that the fbi would dedicate resources of that magnitude and level of professionalism on a wild goose chase. it's also hard to believe that this very sophisticated apolitical team if it recommends indictment, that that indictment would be cast aside to politics, if it is there will be extraordinary repercussions the president won't want to deal with in his final year in office. charles: although you could slow down the process some sort of way? >> well, they could, but if they're going to slow it down for political reasons they're going to hurt the democratic party because it would be better for the democratic party to get this over with and kind

a substitute nominee than to let her get to close to the nomination and then spring. charles: and ultimately what would happen to file charges against hillary clinton. >> the attorney general would authorize a team of federal prosecutors to draft an indictment and present it to the grand jury. >> because it's the wife of former president it's hard to believe want participate. charles: and hillary clinton maybe wants to tax the rich, maybe not so novel, she's calling it a fair share surcharge. we've got a lot of drama on the democratic side. who can tax us the most? next. at ally bank no branches equals great rates. it's a fact. kind of like ordering wine equals pretending to know wine. pinot noir, which means peanut of the night.

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no annoying hold music. just a real person, real fast. whenever you need them. so your business can get back to business. sounds like my ride's ready. don't get stuck on hold. reach an expert fast. comcast business. built for business. >> so hillary clinton's got a new tax plan and it's more like tax the rich plan. listen, she wants a 4% fair share surcharge on anyone who makes $5 million or more. here is what bernie sanders had to say about it, quote, at a time of grotesque income and wealth inequality and trillions of dollars has been transferred to the middle class to the top 1/10 of 1% over the last 30 years, secretary clinton's proposal is too little too late. tamara holder is here. bernie, it's most clear to ash sual observers that bernie

breathing down her neck and beating her in some polls in the first two states, is pushing hillary to the left and hillary is coming up with crazy, hey, let's tax the rich because it's not an economic scheme, it's more of a get even kind of scheme. >> i agree with that, for once, i agree with her. i think she's so disoriented and has been in her campaign, she says that he is burning a lot more money or campaigning a lot more and getting a lot more donations, setting records and she's scared. so, yeah, i think that anything that he says, she's like, well, i can do that better. people are like, okay, does this make sense? where are the ideas coming from and what's your point? >> i think a lot of people who aren't die-hard progressives. g golly, is this a politics event? hopsly, surcharging someone for being successful, $5 million?

i guess where it's one -- it's won president obama election and reelection. >> i don't think that $5 million is where the crux of the money is, i think if the number is 150 billion over ten years, that's not a lot of money. when you go to bernie sander's website on the other hand. he has the top ten corporate tax avoiders and it's hundreds and hundreds of billions of dollars a year. so that's really where the issue is. it's the corporate loopholes, it's the people-- or the operations that aren't paying money overseas, it's not the 5 million dollar guys. charles: we're about 50/50. i'm with you, also, thanks, tamara. the dow jones industrials looks like it's going to open higher. we're going to have a rally, the big question, can we have a sustained rally. there's a big bank that says if we open higher no matter what

sell everything. and the something-- and that's the background to the market and terrorist bombing a square packed with tourists. more varney next.

charles: 16 seconds and counting everyone getting pumped up, with the we were going to open down 150 up 150 we could announce that everyone entering, we are going to open higher. of course we opened higher the last session and it hasn't meant a lot, nevertheless let's look at a big board, up 60, the bond will be in triple digits shortly. want to bring in ashley webster, liz macdonald, john hofmeister, and raising a big red flag telling clients to sell everything, do you agree with that? >> it is called way off base. look at what he says, it is not will be locks to sell everything, sit on cash, you have been doing this long enough, when do you go back in? when does the all clear bell ring? there's a lot of opportunity in the market, nasdaq down eight days, did not sell everything because of a bad week.

charles: look at obvious's charge. give me a break. >> i am a big seller looking to sell the s&p but as far as liquidating my portfolio, that is one of the most ridiculous goal slandered. solyndra and for the hills. would never liquidate here. you want to look for opportunities on either side. you don't have to worry about liquidating. that is ridiculous call. charles: if we go down another 2,000 points you may get a book deal out of fear it. that is causing most of love market's jitters. it was under 30 for a moment. there is a report that says u.s. oil companies could face bankruptcy. what are your thoughts on that?

>> i think oil is probably coming near the bottom. if you look at the future a year from now oil prices, 20% higher than it is, we are seeing such capitulation at the bottom, one year lows, all kinds of reasons we should go lower but from the of market we start to feel oil start to rise because we were not comfortable last year when everyone wanted lower oil positive for the market. charles: there will be a lot of smaller names out of business. >> i don't think it will be disorderly or chaotic. there are a number of companies that are going to struggle. that probably would file but whether it is chapter 11 or chapter 7, don't know, it is more chapter 11. the industry is tenacious. we don't give up in the oil and

gas industry. we see our way out the other side of this one. you never know when the geopolitical situation changes or when the independents start shedding in mr. wells, you never know when suddenly instead of surplus we have shortage. >> we have half a dozen and standard chartered saying $10 for oil. ashley: interesting article in the journal to charles's point, north american oil and gas producers, current prices are losing $2 billion a week. bp is laying off 4,000 people in the next year, 400 today from the oilfields, is already being felt, if oil continues to move lower, this is just going to get worse, isn't it? >> yes but it won't be disorderly.

this is cost cutting. the industry has been through cost-cutting decades, knows how to do it pushing of future projects but everyone has to be prepared for the snapback which is as likely as lower prices. charles: it will be very short-lived and we will come back, here's the point everyone stops for the money because they can afford to. let's check shares of apple, that was a key support point, we are taking it to the upside. liz sitting around one hundred points. >> it is a buy right now including -- they have been bullish for some time. what are they saying? securities put out a bullish call, investors are too, up with a short-term negative that apple is trading just as it did when it was mid iphone 5 in 2015. and 10% of revenues from

services migrating towards services like the apple i car. they are saying stock is up. charles: it is interesting to look at bank of america, they upgraded stock to 230 price target. that is not even the high level. it is a 30% move. >> this is more in management issues and anything else. ashley: users are sticking where they are. they are hoping the periscope, live video streaming company will help to reinvigorate the user base of twitter, basically allow live streaming video service to integrate, they go to 10,000 characters they are considering right now. >> clutter in depth of 9 feet with 10,000 characters. >> not looking to buy twitter yet but everyone is using it, they need to figure out how to

monetize this better but with jack in place as the ceo they will figure it out. charles: strong holiday numbers, what is going on now? nicole: stock is up 9%. of course it has been under pressure for 52 weeks. prior to the december month they trimmed their forecasts and after a great holiday sales they are raising their forecasts and the fourth quarter so this wows wall street. despite the fact they have been tense competition from nike, and there are randal navy they are pushing the $100 pants and have the new sensation lying, relax sensation, naked sensation etc.. charles: burlington coat factory is that nice as well.

one thing to look at, the russell, what do you make of it? small caps had a hell of a run, now they're getting pummeled. >> they will get pummeled. there will be a rally. we are not going straight down. looking at a pretty substantial -- you want to sell them again. that is the representation of america because those are mostly american companies. it will be much lower, what i like to watch, my real trigger, watching when it hits 1295 all the way to 1040. we have seen 1100, if you want to sell and again we are going much slower, we will go at least to the s&p, we are going lowry and that. liz: u.s. rail car at the slowest level in 6 years so that usually presages -- charles: the harbinger for all of this, transfer plan for negative when the market was rallying and a lot of people said that was the first red flag. small caps are not leadership but can they come back?

>> they can come back and will come back but i agree with todd when you have a volatile market you want to look at the large caps, even mega caps because they have been outperforming versus the small cap names. charles: one small-cap name, no money -- you had a couple of grades on the stock but it has been getting hammered and hammered. on the an end starbuck now saying they are looking at stores every year for the next five years. what do you think on this? ashley: expansion in china may be. will be a tough long road trying to make it in china. >> netflix is not inert and neither is facebook. >> overnight we sought 21 million cars sold last year of 18%, chinese company by american film co. for $3.5 billion in

cash, the chinese government said listen, you go after the you on we are going to be you. china is not as bad as we say it is. >> reading charles schulz, the ceo of starbuck, taught wanting to get in, no matter how you look at it. it is a slowing economy but still an economy with a lot of upside and starbucks is going to be at the forefront, 500 stores. >> we all have an upside. i don't say china is going broke but the chinese government owns 50% of the equity market and opening the window to buy more. they dropped the atomic financials, the government will support the market, we know free markets have to eventually rain and we are not getting it now. we are going to have a big sell-off, and we come back stronger than ever.

for now there is too much manipulation, and on real free markets. >> we know charles schulz, peanuts and howard schultz. got to go to you last. the epicenter of the world for growth. will that be the place to bring oil that? >> where will the rest of the world in demand for oil products. there are 9 million people in the u.s. working u.s. oil and gas, that is just the beginning. this industry may instead of being hit hard is a long way from down. charles: i read a report from exxon mobile year ago. every ounce of will that in the ground will be sold and will be sold eventually at a profit. great stuff. stage is set for thursday's republican debate, the first debate. carly fiorina, mike huckabee and possibly senator rand paul. after 9:00 p.m. donald trump is

going to be center stage next in senator marco rubio and ted cruz and dr. ben carson, jeb bush, chris christie and john kasich. check the big board, we have a rally at 172 points, oil reversing to geopolitics. printing more money, they say the you on. will save america? donald trump says he wants and election showdown with hillary he says will lead to the biggest turnout in history. the bengals/steelers game resulting in big money suspension. we will talk about that and more, more marty coming. i have asthma...

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>> will be one of the most interesting races. and i want poll came out, it will be the largest voter turnout in the history of the country and that is a good thing because people don't vote that much in this country so that would be an amazing thing if that happened. charles: donald trump stopping by the tonight show. what do you make of that prediction? >> phillips said yes, donald trump would pull out the vote. people out the vote across all parties with the democrats vote against him, certainly independents as well somebody is saying is on point but based on markets. ashley: he has gotten a section of the country and never paid any attention to politics get interested whether people turned out to vote for him or make sure he doesn't get in the white house or whatever he gets more

people into -- charles: the gop does not need to reach out to latin america that black people, they got the court to show up, they will win. answer the old school gop operatives were as well. >> they have to do more than the corps has to be. charles: talk about turkey because the biggest news this morning out of there at least so far ten have been killed, 15 injured after a suicide bomber blew himself up at a popular tourist destination, washington examiner is with me. we see these things over and over, we saw attacks like this last year as well. where does this take sworn on islam, radical islam if you will, with respect to the west?

>> in this political campaign, i am in dumbly right now, the importance, going higher and higher among republican voters. if you look at the new fox poll in which they ask voters nationally what is the most important issue to you? national security, fighting terrorism was at the top with 43%. the economy was down with 27%. back to november 1st, same poll but that was before paris, before sandra terry noe, just the opposite. the economy runs on the top. some republican voters are more and more concerned about national security. charles: it plays more to donald trump's house than any of his rivals? >> i was at 8 from rally in clear lake, iowa and the one

thing that united everybody was a desire to destroy isis and trump said i will kick the blank out of isis, cut their head off, it will be very popular. you are right as far as trump specifically is concerned, the threat of isis, the general world instability made a lot of republican voters want to find a candidate they feel is the strongest, would be the strongest beer and a lot of them view donald trump as the strongest. charles: hillary clinton appears to be steadfast with respect to having more of an of an arms approach to immigrants and this could be the central issue come november. and overwhelmingly the victims were german, probably be the last nail in the coffin of angela merkel. if so that sends shivers down the spine of other western leaders who had this sort of

multiculturalism open arms mentality. >> right. you have to remember a number of republican candidates here specifically donald trump suggested the policy angela merkel has been pursuing is almost in sane. it has been crazy allowing this many migrants into germany at one time and we have seen what happened in cologne, not mass assault there, we're seeing more and more stuff like that, plus some terrorists infiltrating turkey, the attack in istanbul and other places, you will see on the campaign trail in the united states more and more republicans saying what angela merkel has been doing and other european leaders are doing is crazy, we can't do it here. charles: what a way to allow

that many in and -- it is suicidal on the part of the democrats who say they're seeking a better life. we always appreciate it when you come on. let's check with the market. and a little bit of that is back. oil has been a central thing. and the first big-name to report earnings after the bell, a new low, mixed message, good news for boeing, bad news for truckers. in the meantime last night, roll tide. alabama rolling to the fourth national title in seven years. more on that coming up and of course this. bengals quarterback pac-man jones says antonia brown was faking a concussion when he got hit saturday night. we will explain it all. pac-man is back. we will be right back too.

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sandra: the nfl, suspended for the first three games of next season after his hit and antonio brown and saturday's wild card game and to continue the saga of pac-man jones, and tony of brown was faking an injury and actually went to him. you are associated with football, you are a college coach, what do you make of this pac-man jones saying antonio brown was faking that injury? >> i have no idea whether he was faking the injury but i do know faking the injury has nothing to do with that being an illegal hit. no question that was the case and one hasn't got anything to do with the other. charles: your is the thing.

you have someone essentially saying that it wasn't that bad. the call was not -- was been deserved so all goes downhill. antonio brown was unconscious before he hit the ground. having said that is three games enough of a since-man this suspension to stop seeing this? >> i don't think so. not only was it a targeted hit but also on late hit. if you look at the play, the ball was overthrown and landed nowhere near where the contact took place so it was a late hit that was targeted, college, high school, nfl, making a big deal about protecting each other. charles: it was ashamed. hope to get you back real soon. switching beers, to the terror attack in turkey. ten people have been killed, 15

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charles: charles payne in for stuart varney, terror in turkey, suicide bomber, one of istanbul's busiest terror spots killed ten people, the bomber was us syrian national. hillary clinton wants the 4% surcharge on people making $5 million a year. bernie sanders pushing her further to the left, supreme court dealing a huge blow to unions hitting them where hurts most, in their wallets. "varney and company" al gore two starts right now. charles: checking the big board,

up 190 at the peak this morning, when the rally starts we get nervous, up 160 so far. the price of oil would dictate equities, we were under 30 and told the news out of turkey broke, now back to $31.59. apple, the key number, broke on the downside, tickling it on the upside, two upgrades, one downgrade and stock moving hire. lulu lemon, a pretty good christmas, sold a lot of those sales, wall street likes the news, stock up 10%. despite the rally, raising red flags, telling their clients to sell everything, seek the safety of treasurys. liz: china at the emerging markets, the gop deflation price about to swamp the world, 56% of the world's gdp comes from emerging-market, at it has tripled since 2008, they predict

$16 oil, they're talking about a fed rate hikes in the deflationary price but that may not raise whether rates that predictions have now but the market as a predictor of recessions, nine of the last five recessions, that is an issue, it is not a 0 sum game, we have seen a marked turn up with debt crises in asia and russia as well. charles: arby as has not been the best firm. it is in my mind this sort of hail mary of it works out, we are forgetting about it anyway. liz: lack of trust in china's government. before they are more exposed to china in other forms but -- the terror attack in turkey, nine of the people killed were german, turkey calling this retribution for a war on terror.

charles: the german chancellor angela merkel, this was a german tourist group that was hit by a a suicide bomber, 20-year-old syrian national. the number could go higher, 15 wounded, we had traveled advisory's put out by germany, norway, denmark, warning citizens in turkey stay away from crowded tourist attractions because of fear of more terrorism and turkey saying this was an attack by a serial wounded suicide bomber, no stranger, there was a bombing that took 100 lives, and -- charles: amazing how they do that, spencer, tackled a gunman on a train in france in august going to sit in, the first lady,

state of the union address, do you think in america we are doing enough to protect ourselves here at home from what we are hearing more and more often, these massive terror attacks? >> i want to start by saying my thoughts and prayers are with the victims of the attack in istanbul. we are strong enough to prevent things like that. certainly first responders i very intelligent people and doing the best they can to protect us but we as the general public need to be aware people out there do harm and there is going to be a gap between the time the attack starts and the time first responders can get there so everyone needs to prepare and do their part as a citizen. charles: europe is a lot more open with respect to borders and that is directed to the policy, and there's that downside to

that. do you think there's a certain level of security we need to take to be less of an open society to keep ourselves safer and will that in king john freedoms that underscore what america has been about? >> we can't live our lives in a bubble. we have to take care of the problem. charles: would that mean being more aggressive to our war outside the country or known enemies, isis and al qaeda, and things like that? >> most of the attackers are younger impression of men in their 20s can bring watched by someone and you get those people. charles: i want your reaction. when you receive an invitation to the state of the union what did you think? >> my mind was blown.

it was the last thing i expected to start my day with, an honor to be a part of history. charles: we appreciate it, have a great time tonight and we appreciate you coming on as well. god bless. just got some news from house speaker paul ryan, his thoughts on the state of the union. ashley: breakfast with journalists, politicians will do that, sounds very civilized. what is the state of the union according to speaker wright and? i think it is the domestic economy is soft if not bad, this administration has practice trickle-down economics with the government's money, the state of foreign policy is also a mess. he says our word doesn't mean anything anymore. and the american people know this as well. there's a real anxiety in america but of course tonight the president will try to paper that.

charles: pretty well known president obama will try to take something of but victory lap and we will see. to paul ryan at second there are not a lot of victories we're all celebrating with him. the stage is set for thursday's republican debate on the fox business network. filling up the line of carly fiorina, mike huckabee, rick santorum and possibly senator rand paul has been invited but so far he refuses to attend and at 9:00 p.m. donald trump will hold center stage and back to him will be marco rubio, ted cruz, dr. ben carson, jeb bush, chris christie and john kasich fill out that platform. hillary. it is all about taxing the rich, something she calls a fair share surcharge, 4 presented the make $5 million or more, political analyst in lee williams is here. and the fairness surcharge, for some reason, $5 million is unfair to the person not making

$5 million. >> it is a mistake on the part of the democratic side. you don't want to penalize success and that is not quite what it sounds like to me. the nature of a surcharge, a quick fix to me, lazy, just a band-aid. we need real tax reform and the right and left the saying that and hillary is searing this red meat, barry sanders making her go further left than we have ever seen her in her 20s some years in the spotlight and it looks like what it clearly is, transparent and a band-aid quick fix. charles: we have to acknowledge the politics of envy propelled president obama to the white house and kept him there. as far as it being a political corridor, his use pretty successfully. >> it is the new day. many people, hillary clinton is not going to need the democratic base in she wins the journal, she needs moderates independents, they are not so

quick to have this demonizing success in america attitude. she tiptoes that line. charles: bernie sanders came out immediately and knocked her for is this, proposals a lot more draconian than this, 4% or something in his book and talk a lot about wall street. hillary has gotten tons of money, millions of bucks from wall street. how much further will they go of the numbers keep going up? >> she will go as far as we need but how will that be believed and received? the it is no secret her long history of being in bed with wall street, the authenticity problem continues to haunt her. most people are going to buy it. it is a quick fix, we need real tax reform. charles: what do you make of numbers we're seeing now the key the surge of bernie sanders the to political experts have been telling me from muncie can't win and i see him i see sort of the same grounds will we saw for a

senator out of illinois where no one could pronounces name, two brilliant individual donors to his campaign, that is impressive. >> what we see is a rejection of hillary clinton more than anything. people are angry and upset they don't have much choice, we don't want ellery, and the thinking of a socialist, you will see bernie benefit from that. charles: did you hear what joe biden said about hillary clinton? she is new to income inequality. that sounds like -- i am warming up for i am going to back bernie peter: >> that authenticity issue. charles: new to income inequality. she was broke when they left the white house, right? someone no sarcasm is a low form of which.

the wireless data program, and new details. >> pretty big. direct tv or at&t's home tv service to get unlimited data. the company wants more people to watch tv on the go. unlimited plans cost one hundred dollars, at&t stock up slightly in a market that is rising. a smaller portable version of the echoes popular speaker featuring the digital assistant, it is so small you can fit it in the palm of your hand. it will sell for less than the current price which is $180, amazon shares up bigger than the 1%. check your medicine cabinet, nine retailers recalling storebrand children's liquid cold medicine because children can overdose on it because the packages contain the dose cup and it has incorrect markings on it. the cherry liquid sold in four

ounce bottles, the stores including rite-aid, kroger, dollar general land cvs are affected. good news so far, no over thoses have been reported but that is a sensitive story in the medicine cabinet. charles: really appreciate it. to the latest in turkey ten dead, 15 injured, when a terrorist blew himself up on one of is and will lead to disease forced districts and gun control could be a big issue, we will talk to republican congressman who says what president obama is doing is unconstitutional. more varney next. month here.

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charles: let's check the big board last time we checked the big board we drop 150 and i warned you once the rally stops we have seen it come down hard. watched the market up 100, we

were up 190, we got to start it back up here. let's look at mcdonnell's just opened, next in hong kong featuring a salad bar with 19 ingredients but don't worry, it is still a revenue as well. that is the national average for regular, it is lower and lower. twitter is up 3% after hitting an all-time low. what, jo lin kent, what is going on here? jo lin: a lot more confidence in what twitter is doing today, periscope, live streaming company is integrated into the news feed. you can see it like you would see at photo or video. twitter has very big challenges, 300 million monthly active users plus the fact that it hit an all-time low of 1965, it does not show much conference. jack dorsey has been in the office as ceo for three months

back at the house. a lot of challenges year. charles: not a big check dorsey fan. a couple earnings ago they missed again. jack dorsey, with the press conference and investors are losing their shirt because they bet on your products and i don't like the silicon valley be cool attitude. was great with jeff bezos, we could deal with it but when stock is plummeting i want to see a greater sense of urgency. >> that is what they tried to portray a little bit but it is not resonating with investors like you. charles: i want to see jack dorsey sweat. >> two thirds of the market value. s jo lin: the idea is down precipitously, jack dorsey also leading square as well as what happens. ashley: markets starting to lose, oil is negative heading down to 3120. lockstep, which we have seen for

many sessions as oil goes so goes the market. liz: who could buy twitter? charles: pretty soon you. got to get back to this attack in turkey. at least we know so far ten people were killed, 15 injured after the suicide last in the temple, joining us from capitol hill congressman david ralph of north carolina. congressman, i had a democratic congressman, one of your colleagues on earlier this that it was folly and angry at the notion that somehow isis has been emboldened by their reluctance to call out radical islam. do you agree with that? >> the fact of the matter is we have a dire threat in isis and we have to call it what it is, the fact of the matter is we have to take the battle to them and have a comprehensive strategy in place to do that. i am hoping the president

tonight will talk about this issue. it is on the hearts and minds of all the american people and we have to have comprehensive strategy in place to defeat them. charles: what would a comprehensive strategy look like? we are getting suggestions, muslims to carpet bombing in the middle east where we know isis is embedded among civilians. where it is going now they ultimately win. that is a wide range of all parameters. >> we need to express our allies that they really are our allies, work with them to put together a plan of action, we need to attack this from a social media perspective, gaining a lot of recruits obviously and we need to be very firm in our resolve. when we draw a red line in the sand we need to follow-up and do what we say we are going to do.

very important that basically we lost all credibility under this administration and this election in 2016 is critically important. charles: no doubt about it. also want to ask about guns. president obama made this a signature issue for the final year of his office, wanting to push through what he considers tighter gun control freak executive action, he will make a picture of that tonight. what iron or thoughts? >> his actions are totally unconstitutional and the court will rule that way but again, this is why the elections have consequences and the election of 2016 is so important. i am hoping tonight as i said that he will focus on what is on the hearts and minds of the american people. that is a comprehensive plan to defeat isis and have that laid out. it would be great to talk about what we can do to improve our economy and that doesn't mean more rules and regulations. it means getting rid of many rules and regulations we have on the books, the economic process and also having fundamental tax

reform, capital investment goes where it is welcome, not where it is unwelcome. before the market is not circling this economy right now. we appreciate your time, thank you very much. let's check the price of oil. ashley just mentioned it. we were down under 30, we are slipping again. there was a report out this is because of these low prices at least the third of u.s. oil companies could going to bankrupt the, we have more on that after the break. >> vertical wells and we are fracking but i can tell you now if things go lower we may have to go back to 1999 or before, pull out an old playbooks and get back to conventional wells and not fracking. fracking may have to go on hold. we could drill old wells, conventional wells at $20 oil, we have to look to the past for the future in the near-term.

charles: the big board up 190, oil is at 3150, oil is pulling back, everything is looking a little weak. we have seen it under 31 bucks. it has always been ugly. there is the new report, a third of oil producers could face bankruptcy. i want to bring in peter morici. the big debate, down the degree that it does. it is good or bad overall? >> it is bad. short-term consumers get a lift, they are not spending it but we have so many companies going bankrupt and what happens after that is done? opec can turn around and raise the price as high as it likes one supplier's have gone. in the long term it is better

off to endure gasoline at $2.50 a gallon and pay $34 a barrel and be done with it. charles: i don't think a lot of people are watching. when i make the same comments you did when oil started breaking year 100 there is a point i would rather have a job and pay 250 than not have a job and gasoline is now one dollar and $0.50. >> absolutely. think about how some of this money ends up, financing terrorism or have a huge military presence and so forth. in my mind we ought to have a national policy of oil between $50 to $60 a barrel, develop offshore resources as well as shale land finally cut the umbilical cord. at one point we got the imports to 4 million barrels a day. we could get rid of that dependence once and for all and change the calculus of our involvement in the middle east and boost our economy quite a bit. charles: let me shift gears. you wrote an article this week, republican hopefuls clearing the path for hillary clinton, in a nutshell what are you talking

about? >> i don't think they are addressing significant economic issues in an intelligent way. cleaning up the tax code, making april 15th less of a nightmare, doing something meaningful american families and women and fundamentally redefining our trading relationship with china, and make things in america again. if we don't make it here we can't prosper. stuart: thank you very much, really appreciate it. a protest, big-time protest going on in germany after hundreds of women say they attacked by middle eastern men on new year's eve. the anti migrant sentiment growing big time, town hall's cape have. up next.

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view 16 the dow was up nearly 20 points. right after we opened. now we are up 90. coming down really, really hard. now negative. ashley: that is exactly right. the market went up. it is quite fascinating. >> $20 oil. >> yes. back to turkey. fifteen injured after an explosion in him stumble. ashley: nine tourists reported

killed in this attack. 28-year-old syrian national being accused of carrying this out. officials saying he was not on any muscle watchlist. i am unfamiliar with these kinds of attacks. the turkish official talking to angela merkel by phone. issuing a travel alert. probably european countries will follow suit. >> that is huge. a guess that we had on the 9:00 o'clock hour. serious refugees. >> certainly back them.

specifically germany. violent protests over the weekend. new year's eve. joining us now is author of the book. assault and flattery. katie. initially, germany and the german police, even the mayor sort of blaming the victims or denying the magnitude. some of the scenes and some of the numbers we are hearing are absolutely mind boggling. >> right. we initially heard reports of these women violently sexually assaulted during this new year's eve celebration. now it has climbed to over 500 cases. 1000 men pulling the area women away from their friends. the mayor was blaming the victims for not keeping enough space between them and the male attackers.

it is very difficult to that when you have angela merkel dumping asylum-seekers onto your doorstep. now trying to grapple. they have let thousands of men into their country that come from coulters where it is acceptable and women are treated as sexual objects. now they are in the country and not sure what to do about it. >> talking about bedding. ultimately, how do you bet holger? stripping away this part of your culture. >> i am not sure they know how to do it. in norway and denmark, they are hosting government-funded, taxpayer classes for mail asylum-seekers. unacceptable in their country. they are our cultural norms in the western world in the rest of the world.

especially when it comes to the middle east, that we have to uphold. letting it in by the thousands. maybe we should take a look at the fact that maybe we should let those people into the country in the first place. charles: thanks a lot. we will see you again soon. the supreme court hearing a case on whether teachers and government workers months of tribute to unions against their well. former speaker of the house, newt gingrich joined us. >> hey, how are you. charles: it is great to see you. because of all the news out there, this decision wants to be imminent right now. not a lot of radar. >> it is astonishing. you have a case that has gotten all the way to the supreme court. california teachers claiming

their first amendment free-speech right. to give money to a union they disagree with. apparently, the jtice, the majority of them were very friendly to this claim. if, in fact, that turns out, you cannot always tell how a judge will vote based on what they say. you cannot be compelled to pay union dues with a union you politically disagree with. the results can be catastrophic. both at the federal and state level. and, it could be catastrophic for the democratic already which relies so very heavily on those unions. it is a remarkably big case that has quietly made its way through the judiciary. here it is now. if it happens, you will see very, very large consequences. there is rda go for the private sector. a lot of protection for the

workers. i speculate the public version of that related to public employees being introduced along the same line. charles: common sense to a lot of people. you are spending it on things that i do not agree with. the last presidential campaign. using all of their membership dues to push their candidates. i heard you say a lot of positive things about donald trump. it feels like paul ryan is taking more the leadership role as well. where do you see the party and do you have a candidate yet for the gop side? >> i am actually writing a are to cultivate. tonight you will see the past. a young guy going behind obama.

somebody knows there is a vision of taking a public party. i think that ryan is going to set the table so that whoever our nominee is, a series of very strong positive issues to campaign on. we just talked about one just now. given that people say, hey, showing that workers have rights both on the boss and the union. >> and nonestablishment candidates. are not too keen on that bill that was passed. >> ryan was not to keen on that bill. there is a big challenge now. particularly from mitch mcconnell. can they pass a series of appropriation bills.

avoid any kind of continued resolution. if they can pull it off, it is one of ryan sized priorities. a general election very much to the advantage of the republican nominee. charles: time now for our or report. you are like charles schwab. why do you like charles schwab? >> well-positioned. interest rates will continue to rise. charles schwab is the best place to be in. a lot are floating rates. continuing to rise. >> it is. with the continued rise in interest rates, it will continue to seek a really nice tailwind. in fact making this worse.

the way it is looking right now, i'm not sure the feds will be able to raise rates. >> they cannot. we are already seeing so much volatility. >> i like chevron. it is vertically integrated. it is so affected by the stock price. profiting from a lot of different ways. they have made a lot of money in the last quarter. cheap gas. cheap crude. plus, they are not getting rid of that. real quick. four rise in. >> it is not as high as the 4.28 dividend. her eyes and, if you see its 52 week high, it does not fluctuate a lot. it is a nice defensive play. charles: modern utilities. thanks a lot.

appreciate it. a suicide bomber blowing himself up in istanbul. cracking into a jeep. taking control of everything. automakers. 1.4 billion. those vehicles are being were called. i am a jeep owner. [laughter]

♪ nicole: i am nicole petallides with your fox business brief. we are so down still down about 5% for the year 2015. we have been up over 190 points today. the s&p is up 10. the nasdaq up 45. the best performers, united health, disney, home depot. right now at 99. pep under pressure. announcing layoffs of about 4000 workers. oil prices are hovering. the stock remains under pressure. down 1.8%. game stop out three year lows. activision. call of duty. world of warcraft. $44. fbn a.m. 5:00 a.m.

be there. ♪

charles: breaking news. officials in turkey -- ashley, you have more details. ashley: he belonged to isis.

detonating the suicide bomb. a very historic part of the city. injuring 15 and killing nine. this kind of marks, perhaps, a new shift. their willingness to go up. out of the coalition on isis they are. there you go. >> joining us now, elliott abrams. where does this take us now? do you consider this an extension? other western capitals or western targets.

>> i say it is more of an exception of what they have been doing in turkey. this is really an attack on turkey. it damaged turkey. you know what it will do to terrorism in turkey. most of it comes from germany. stay away. what are they going to go there for? i think it is really targeted here. they have been very active in syria. we have heard a lot of reports that have led many americans to question just what kind of an ally turkey has been with this rube. mile-long lines. isis oil trucks headed to turkey. doing business with the prime minister's son. maybe this compels them further into our country.

say what more can we all do. they are really taking it on the chin now. i think, as you are just saying, it will have any effect on merkel in germany. the whole theory and refugee. this person was, apparently, getting across, posing as a refugee. >> that has been a wildcard with that relationship. somehow, we can come to some sort of a compromise. particularly -- let them have their own economist nation, if you will. >> the one-word answer is, no. it makes a lot of sense to you and me. good for the interest of the united states. some think that the president of turkey is against. he is actually raising the degree of attacks on the government. the kurdish rube.

initially, was not even sure it was the kurds that did this. i think we can predict it. charles: thank you very much. appreciate it. the department of education and the epa. coming tonight. we have a special state of the union preview. congresswoman marsha lab burn will join us right here 6:00 p.m. on the fox business network. ♪

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>> is just about as is and as it comes. islam extremism. let's forget about democrats and republicans. be careful with this language. >> talng your language. now to donald trump. starting with the epa. former top aide to senator randy paul. brian darling joins us now. it is federal overreach. i think it is a great start.

aipac's plan with conservative review. that is the largest tax cut of any of the candidates. now you are looking at the spending side. we are looking at this $430 debt that we loaded on future generations. we have accumulated this as a nation while we need to cut spending. it is a good start. we need to tackle entitlements. the epa is a great place to start. >> the laughingstock of the world. would you agree with that assessment? >> yes. it imposed so many costly regulations on the american economy. it is making us less competitive. you are making the talk of education local.

we need to just slash the federal spending on these issues so that local governments can take care of education. >> you may be comments in new hampshire. making it a wasteful government spending. do you think new hampshire are wins? >> i think he has a great shot. he set himself. he loves smaller government. love to talk cutting spending. specific proposals. his proposal for taxes. look, they will absolutely kill the federal budget.

tax cuts expand the economy. the government may actually collect more revenues. i do not think we need to cut spending. >> we are out of time. ♪

charles: i am charles payne and four stuart varney. a suicide bomber that killed 10 people in istanbul is connected to isis. president obama's final state of the union. hillary clinton releasing their tax plan. calling it a fair share surcharge. the third hour of varney and company starts right now. ♪

charles: we begin in turkey. a suicide bomb has killed at least 10 people, injured 15. filled with two arrests. the suspected bomber belonged to isis. turkey, we know at the center of a lot of controversy. a western ally. a lot of criticism of the leadership here. thais, if you will, at least sort of kindred spirit with isis. does this change the dynamics? particularly what america has been trying to achieve. reality is a bit more.

it is inside theory opposed to the regime. that is not backing isis. it is not doing enough against isis. maybe because of the kurds. this is linked to isis. it is very possible that he is linked to isis. i am very cautious here. it could have been other than isis in the region. charles: the question now is how do they respond. there has to be a major shift not easy for a government to do a major shift. they also have economic reasons.

i think it is a father the international. putting a lot of pressure. they are now between two directions. putting all their strikes against isis. that is a major choice. charles: what about the little wildcard. they love to do more within turkey. is there any chance that they can get some sort of relief, i guess, for lack of a better word >> you have a good point here. the kurds are heading very clearly towards more economy. controlling the northeastern side of syria. now taking advantage of the campaign against isis. turkey does not like that.

what can they do. they will not be invading syria to stop. >> i disagree. that is where it is full. that is where everyone goes. the suicide bomber was isis. that border between turkey and syria is so porous right now. they have no level of security right now. it is ridiculous. the president of turkey, this will put his back up against the wall. charles: a lot to account for. thanks a lot. we really appreciate you. thank you very much. 10% of the remaining gitmo detainees. ashley: i know. u.s. military officials telling fox news this will happen thursday. ten detainees.

on hundred three detainees right now. other terrorist groups considered hard-core. they are going back to the middle east. we do not know where. officials are not saying what countries they are headed back to. a high number of these detainees, when they are released, reengage. >> extremely high. it is a dumb, dumb thing they are doing. a fox news poll. they believe the obama administration has mostly fell. it with me now, jeff. this is an issue. it resonates very loudly on the gop side. and fact, it is considered issue number one.

tonight, president obama, i am not sure he will talk about it at all. what would you like to hear the president say in respect to our national safety? >> this is billed as some kind of victory lap. it ought to be the shortest state of the union in history. i can assure you, the american people are not feeling victorious in their security and they are not feeling victorious in their households. what do i want to hear from the president? the same thing that i want everyone else to hear. the only thing we hear from the president is what he will not do. a member of congress. we have heard no plan out of this administration to actually defeat isis. they are not the jv team. they have not been contained. they'll may have one commander-in-chief.

we need to have a plan for victory. charles: the plan that it has been put forth, a long-range ideological battle for generations. we have had a few wins over there lately. we push them back to certain areas. i would assume that we will see opposite evidence of that including the attack today in turkey. what else besides this? i want to switch to the gun control issue. this is obviously an area that the president will push. where is he wrong on this? >> i think it is gun control. there has been serious gun violence in our land. part of this is because we have an administration that frankly has not been serious about enforcing a number of our laws that are already on the books. strong and to purchase guns.

there has been few prosecutions of this by the obama administration. they really wanted to get serious. they ought to enforce some of the laws they have on our books. a lot of gun violence, frankly, deals with the tragedy of suicide. a lot to do with working with the administration. working on mental health issues and the house republicans conference will be considering a number of bills and issues. >> there is no doubt that those things are critically important. a lot of people think this is a move to take guns away from the wrong people. the americans that are law-abiding and living up to their second amendment rights. thank you very much. really appreciate it. >> up 150 points. now we are up 41 points. one reason is oil has also turned lower. gaining downward momentum.

what failures. job loss in the energy sector. now the talk is what bankruptcies are we looking at. united airlines. not related. they are starting to suffer because of the oil industry. people need to know you can connect these dots throughout our economy. victims of gun violence. hadley heath is with us. i just want to, what do you make of this president. this empty chair with respect to the victims of gun violence. is that something you think we should be getting from him?

>>ertaly fm tt i negave aionromunsnd th latt me t lea the airmptyt t latt ste ofhe uon,he pside is attetingo swympay. itay b modaten g contl msure he i ver sma tory t fra this issue. the truth of the matter is, the action will not happen. instead, most of this is political posturing. a hard line against the people pulling the trigger. how could you stand there saying you care about the victims. >> that is a fundamental difference between the left and the right. the gun and the weapon or the tool. realizing gun violence is much more complicated.

1993 to the year 2010. gun violence and homicide went down. that is something to celebrate. we are done here. gun violence is a problem that has already been solved. there are people suffering. we would be better off moving forward. luckily due to roof or our mental health system. let's talk about the broader issues. >> what would drive one young 19-year-old to shoot another 19-year-old. they are using a different colored bandanna. thank you very much hadley. appreciate it. hillary clinton, that was her tax plan. bernie sanders. he is not saying it at all. he was not a fan. more varney after this. ♪

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charles: powerball. $1.5 billion counting. ashley, i thought it would be empty. >> the drawing is when? tomorrow night? finance expert. >> a lottery take it. you know what, you do not put that out. >> two bucks on this? five and a half billion. >> i tell my mother every week. 1.5 billion.

they are zippo. if you do that, if you win tomorrow night, sign it right away and do not tell anybody. call the lotto office. there will be so many people. >> 1.5 million. it is not a billion dollars. 2 trillion has been lost. oil made a big reversal. under 30 for a moment. came back after the bombing in turkey. that is fading. going under 30, perhaps. keep in mind, there is fallout from cheap oil. gerri willis reports on that. >> about 30 smaller companies

that have are ready gone bankrupt. one third of all companies will go under bankruptcy or there will be disruption i the middle of 2017. this is a huge hit for this industry. continuing to pump the oil. they are trying to pay the interest on their doubt. they are losing $2 billion a week. at these levels, you are losing money. $2 billion a week. pp charging for the smaller companies. announcing 4000 layoffs at their company. charles: not an american company, but a big oil company. big chunks of money coming out of this. they will pay their dividends. it came from keeping people on. they will pay the dividend and fire people first.

thanks a lot. that is why you have to play the lottery. >> hillary is coming after you now. she calls it a surcharge. joining us. listen. we hear about politics. it is one thing to say that perhaps it helps you win an election, but i think we have seven years of this rhetoric and action. it has not helped the average american. >> you are exactly right. this money is not being extracted by hillary based on fair share to in fact help the poor, but rather to grow government. just another excuse to take more money. her husband did this with a vegans and then joked with a little bit of a southern drawl. perhaps, she took a little bit too much.

we, the american people, pay more money in taxes than we did any other previous president. it not only reversed the top one or five or 10% of americans, it took it to an all-time high. they pay a little less than the typical person. you will notice hillary clinton's revenue does not come from only taxing. there are a lot of people that are paying, as i am, over 50% between federal and state tax. actual real money. she says that that is part of her real scoring. making it bigger even before she becomes president. >> a lot of small businesses file as individuals. you have the plumber. three trucks. seven employees.

this is the kind of thing that has cut their growth than half. stopping people from wanting to start a business. we see it in every area. why does this? the gop cannot seem to get through it with the american public. >> the ultimate aphrodisiac, if you will. you will get money. you will do good. we do not have to pay for it. the 99%. the 1% will pay it. i will take my home state of california. not once. not twice. three times. 10%. our top bracket. they still have a budget deficit that they cannot seem to get around looming. every one of those increases has driven away business. smart californians are leaving. california's economy is going the wrong direction.

government gets bigger faster than the rest. charles: the local level or national level. they get bigger and bigger and bigger. thanks a lot. really appreciate it. how is this for a headline. 93% of all qs counties still have not totally recovered from recession. 93%. ♪ we live in a pick and choose world.

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save $600 on the #1 rated i8 bed. know better sleep with sleep number. charles: there it is, guys. you are looking at it. 3030. it does not help with 3027. of nearly 200 points on the dow. we have given it all back. for the last week or so. now, more on this since the great recession. a new study out right now. 93% of companies in the united states have not fully recovered from the recession. the heritage foundation. the national association of counties. they use for criteria. all four have to be better for you to be completely out of the

session. that is shocking. >> yes. where the growth has occurred here at this may surprise you, charles. the red states are doing better. counties of blue states are doing worse. you live in new york or connecticut or new jersey, things are not doing good here at the other interesting that came through its you just look at the last year. look. they are really getting hit. we get rid of those. if it was not for the fracking miracle, we may have never gotten out of the recession. even on paper. >> in fact, i looked at the evidence from 20,822,012 or 13. virtually, all of the new jobs that were created were resolved in that industry. charles: what happens now?

crude oil is crashing. you get higher taxes. new rules and regulations. >> look. you have hillary saying we should have higher tax rates. you have bernie sanders saying go to 90%. you have, where is the world? you have the one industry that has relieved propelled the economy. look. you and i have talked about this a lot. there are repercussions of lower oil prices. manufacturers to consumers. the problem is, this reduction in oil prices seems to be more driven, charles, by demand. charles: big question. i have been given the rap signal. can the country make it rude the next year on muscle memory? >> muscle memory.

that is a good way of describing this. i have some dow max. they are looking to see what happens in november. you get a regime change. i think that the economy can build. charles: thanks a lot. i really appreciated. the it terror attack -- the strategy against terrorists. working and working very well. we will go to capitol hill. next. ♪

for check the big board, we are at session lows, 200 point reversal downside. crude oil plunging yet again 3026, we tackle this area at the open before it came back on the terror attack, now we are sliding again. on that terror attack turkey now saying the bomber killed ten people, it was a popular tourist destination, authorities say was isis. at home the man who allegedly shot the philadelphia police officer, his ties to isis the philadelphia mayor jim kenney says the attack had nothing to do with isis. milwaukee's david clarke said that was not the case. here is what he had today.

>> ben franklin said we are all born ignorant but one must work hard to remain stupid. apparently he had mayor kenny in mind when he said that. as a matter of fact mary kenney is putting in overtime. that is an idiotic statement that has everything to do with islam. charles: tonight president obama's final state of the union address. what can we expect with respect to terror? will that be a major topic? brad sherman of california, thanks for joining us. we had another isis attack, this time in istanbul following san bernardino, paris and philadelphia. will this be a topic of tonight's state of the union address? >> of course, international affairs and terrorism will be a topic. keep in mind that unlike the last administration we are not losing 100 of our best men and women in combat in iraq or

afghanistan, casualties in afghanistan being quite low compared to what they were a decade ago. but we have not taken on isis in the way we should. charles: are you contradicting yourself? are you saying responsible retreat was the mistake and we should be fighting them over if there? to your point we are not losing as many service men and women we haven't had this many civilians died since 9/11. people have not been killed by their co-workers like they were in san bernardino, police officers have been shot at like they were in philadelphia, should we go back to the old policy and try to defeat an over there? >> we did not defeat them over is there when we were incurring enormous casualties. our air campaign is hobbled by a extreme rules of engage and in which we do not undertake a single raid until we predict zero.0 civilian casualties. had we had that policy during

our air campaign against the nazis we would be speaking german on this television. we have to avoid that when we can but if we don't go after isis headquarters, when we don't go after their refineries, when we don't go after it aired transports of petroleum in tanker trucks because the people, some of the people that get hit may be civilians, when we let them surround themselves with civilian shields we have an effective air campaign. charles: you won't get an argument from me but the air campaign alone going to be enough to stop the growth of isis and what should we do in america to turned back because people feel safer now than they have a long time. >> we have got to get over this idea that there is some magic formula that is going to make us a totally safe. charles: is a magic formula and killing them? >> killing them seems to be the

magic formula. is not a magic formula. it will suppress and reduce and diminish. those who promise immediate panacea i going to create a lot of casualties with nothing to show for it. this idea that if we just find that perfect the elixir everything is going to be fine, we are going to be dealing with islamic extremist terrorism for the next decade no matter which policy we engage in. we have to be smart about it but patient. charles: thank you very much. we are out of time. we are heading for a commonality here with respect to how we deal with them over it there. people might disagree. if we went at a little harder, a lot harder, with determination to destroy the miking, lives would be easier and safer here. i appreciate your comments and you spending time with us this morning. jpmorgan ceo jamie dimon on earlier with maria this morning,

saying the economy in the united states is doing okay, roll tape. >> if you look at the world, the united states economy is still chugging along, i wish it was faster but it is strong, broadbased, consumers in good shape, household formation, business in good shape, credit in good shape, it is all china. charles: all china. ashley: china is a big part of it but i'm not sure about the economy. ten minutes ago there are signs that this economy is not back on its feet. the unemployment rate has come down with a number of underemployed, or those who dropped out of the workforce a crude picture of where the economy is, manufacturing is slowing down and not where it needs to be. >> look what we had, the commentary, the big sell-off last thursday on the markets, its big piece of that was there not so much concerned about

china, but the u.s. economy, what the fed is going to do an jamie dimon dismissed the idea, the interest rate effect on the market, that is the biggest fear and that will slow down borrowing on the corporate level. charles: we have a new law, 30-13, support number, psychological. watch it on your screen, we hit 30-12 just seconds ago. take a look at the nasdaq, on its worst losing streak since january of 2008. jo lin kent is with us, tech stocks at the center getting hit pretty hard. >> want to look at four specific stocks, it has led down 11% year to date, a lot has to do with the slow rollout of the model-s, that stock under a lot of pressure as elon musk tried to figure out what is next for the company and a lot of anticipation of what they can

do, that production ramps up. ali baba another stock down 10% year to date. the reason there is china, the uncertainty, the business models, faced like the challenges, go pro, the stock we talk a lot about here, sustainability of the camera business, what is taking keep customers engage is down 15% year-to-date and the fourth stock we want to show you is apple, weak outlook, factory orders are down, concern about the i phone 7, will it be enough innovation? charles: apple, to islam, the ceos would not be worried of stock price data, tim claook ca talk it up. use it can't abide the small caps? >> it is like the redheaded stepchild, growth-oriented

companies but the thing there is only 19% of small cap revenues are from overseas, if you look to play america or looking for that organic growth, the stock, the index has been pummeled, almost double what the snb had in the beginning of the new year so around these levels it begins to nibble and will be volatile, index people will turn to if you're trying to stay away. charles: the volatility, it is not your temperament is not for you. if you can't handle these wild gyrations people want to find something that can go 100% to can go down 100%. your next one is actually anna obamacare play. >> yes. ticker symbol is a h s. it is the largest position company, when obamacare turned the position into a great place to be doctors are working really hard and under a lot of pressure and a lot of them are moving around looking for the best deals and then take advantage of

that helping with temporary standing. their number one in the nation. it is $11 billion industry. a break in a one$.4 billion last year. i love the stock and see the upside around $30, $39, great stock to own. charles: less than a minute. i got to get amazon, a big firm upgraded their target from 770 to $800 a share and you might as well. >> you would be a fool not to own this stock. not just about the ecosystem did succeed in but it is about the cloud business. amazon will continue to grow and the deep discounts at these levels and i own it here. charles: i bought an amazon, full disclosure, i have been in and out of it for years, an amazing company. very volatile. a lot of people in this stock is up, they sold it during pullback. thanks a lot. supreme court could deal a serious blow to public worker unions. judge andrew napolitano is up

next and don't forget you got to tune in tonight. and i want to make your money and keep you positive. feel a cold coming on? new zicam cold remedy nasal swabs shorten colds with a snap, and reduce symptom severity by 45%. shorten your cold with a snap, with zicam.

nicole: i am nicole petallides, stocks moving in lockstep. and 990 points. it is 16,388.

and the nasdaq is up 16 points, down nine days in a row. this would be the ninth day of selling for the nasdaq and we haven't seen that since 1984, 12 year lows for oil hovering over the $30 mark today and that is affecting energy names such as conoco phillips, bp announced layoffs and we are seeing these, new lows across the board as we look at energy names on the dow, nike, disney, leading the way. under pressure, dupont, procter and gamble focusing on aluminummaker alcoa, the company hit a new low after reporting its quarterly numbers starting today at 5:00 a.m.. i will be there.

i think it landed last tuesday. one second it's there. then, woosh, it's gone. i swear i saw it swallow seven people. seven. i just wish one of those people could have been mrs. johnson. [dog bark] trust me, we're dealing with a higher intelligence here. ♪ the all-new audi q7 is here. ♪ he ran for senate saying he opposed amnesty... then he flipped, and worked with liberal chuck schumer to co-author the path to citizenship bill. he threatened to vote against it. and then voted for it. he supported his own dream act and then he abandoned it. marco rubio. just another washington politician you can't trust.

jeb bush. he's a leader, so you always know where he stands. right to rise usa is responsible for the content of this message. charles: hackers the access to a computer in a jeep, take control of it. radio, windshield wipers, even breaks, 1.4 million cars recalled as a result. officials say the problem has been fixed. liz: this was these two guys who remotely hacked via the wi-fi system of the card-board. they do to 10 miles from a laptop, they get control of transmission, breaks, wipers, scare lot of people but volkswagen vehicles, audi and bentley vehicles, and the wi-fi radio entertainment system. the security will has been

plugged and there are no more problems with this. before friendly actors. liz: does where they are working. and a project -- charles: as we move to autonomous cars, its huge concerns for unions. and public sector union fees. and when you have walker face down, governor walker in wisconsin, that is the debate. you guys are shaking down these unions, a lot of things unions have to their advantage that on the surface the against conventional wisdom. judge napolitano: it may be against the constitution. the state of california has a

requirement so if you work for the government you must join the government union. if you don't want to join the government union repaid dues to the government union and your subject to the collective bargaining the union negotiates with the government. that raises two shoes, freedom of association protected in the first amendment is also freedom not to associate so for the state to force you to associate with a group you don't want to associate with arguably violates the first amendment. the money is speech in the political context so forcing someone to give money to union to spend on political views with which the unwelcome force member disagrees is forced speech also arguably violates the first amendment. both those arguments were made yesterday before the supreme court. those in the courtroom came away with a sense of five justices to invalidate this quote -- california law. if they do, this will be a

catastrophic blow to public employee unions which have only survived on compulsory membership. charles: looking at union membership, private sector has gone straight down, public has gone straight. judge napolitano: nothing wrong with joining a union to protect your rights. the wrongness, the violation is forcing those to join the don't want to. joining has to be voluntary. that is the argument. union's argument is will collapse, be fruitless if these people don't join, we can put benefits on the man they should be part of the group. those of the two arguments. charles: you are indebted to us. judge napolitano: that is precisely their argument. doesn't look like that succeeded. we will know the answer to this in two month. charles: really appreciate it. pieces of american history up for auction. talking about since related to the jfk assassination including

the bullet from the gun that killed lee harvey oswald. the next republican presidential debate. sandra smith, trish regan, and the main event hosted by neil cavuto and maria bartiroma starts at 9:00 p.m. eastern time. ♪

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charles: historic jfk assassination memorabilia for sale, and the winter auction, with us right now. and the first thing, loft be seen, and what jfk was writing. >> this is the lincoln 74 a, known as best as 100 and these are the actual ignition keys and trunk keys for the limousine he was assassinated in and this was covered by criminal investigators from the secret service motor pool. charles: how much would you say this would be? >> the opening bid was a $50,000 estimate range. charles: this is really amazing. is different kind of key. lee harvey oswald. >> this key came from the policeman who was the actual

jailer who captured oswald and this is his actual handcuff key that he used when he captured oswald and unlocked the handcuffs. charles: we have got the spent bullet here. i want to look at this because we are running out of time and it is touching. these are the christmas cards, the white house christmas cards. >> between december 18th, and december 20th prior to going to dallas president and mrs. can sign had gone into 15 christmas cards they were going to send. they were never sent, they were not discovered until the 90s but 15 cards exist. this is one of those 15 rare cards. obviously one of if not the last signature president kennedy of resigned. charles: they were not personalize, we don't know the recipient was supposed to be. this is an amazing collection. overall what do you think it

would bring in? >> is a collection of thirteenth unique items that we expect the collection will bring $150,000 at golden auction. stuart: what is your topic in? >> this option, probably michael jordan -- the kennedy, definitely the keys, the loki's the capture of this. charles: i think the christmas card is really touching, thanks a lot. coming up coast-to-coast with neil cavuto republican front runner donald trump, moments away. more varney after this.

charles: new oil, we hit 3010, a rally. take away. neil: you can imagine that is getting to be a big issue here, reporting from charleston, south carolina, the fight of the second fox business news the, we are honored to have that honor, only six, seven weeks after

milwaukee here we are in the beautiful southern city that will define this presidential race, the first debate of the 2016 presidential season and it comes at a time when polls are tightening and look what it developed in iowa, ted cruz has been bleeding throughout the last half-dozen or so polls, donald trump has once again reclaimed the lead in one poll in the crucial first in the nation caucus, join us on the phone to handicapped this race and where he stands. good to have you. >> thank you. neil: were you surprised by these island numbers, it is always a tight race. in a state you said you would like to win new hampshire, different story but this is looking like a different story, it would be tough for you to win in iowa. >> i would like to win iowa. we are working