>> the zipper-- >> and a pleasure to spend the morning with you. tonight's debate, 6 p.m. and sandra smith and trish regan and 9 p.m., maria bartiromo and neil cavuto. i know who else is stoked, charles payne in for stuart varney. charles: i am stoked. and stuart is off all week. it's debate day and we'll go with that at the start. the market, we're going to be in the green a little bit, but don't forget the dow is down 10% from the november high. the carnage is so much significantly worse, the question, are stocks cheap? we've got an expert coming on and the back drop for the news is terror. deadly explosions in indonesia's capital and isis is to blame.

why do we apologize and help iran after they treat ten american sailors like they're warm criminals. you didn't wake up the powerball winner, welcome to the club. we'll talk to those who thought they were winners. "varney & company," action packed starts right now. ♪ ♪ >> you guys feel that, come on, ash, you're feeling it. tonight is absolutely huge and fox business hosts the whole thing, the debate, it's huge for the network and for the g.o.p. party. listen, this is it. you know it's going to be

fireworks. we have to hype this, we know where the candidates are, and extraordinarily critical. starts at 5 p.m., lou dobbs with the special, the first debate at 6:00 and we'll talk about the debate throughout the next three hours, let's get to the topics right now. still to come tonight, and the terror attack, feels like every single day another terror attack, this time in indonesia. they're not wasting time, they blame isis right away. >> a group tied to isis, the explosions in jakarta, the indonesian capital, explosions, gun battles in the streets, five attackers killed. three arrested. seven dead, five of those were the attackers, two others, innocent bystanders. one of those bombs, you can see the remnants of the smoke going up there was in front of a starbucks cafe and these attackers targeted the shopping district and business district

of jakarta, very much a copy cat, officials say, of the paris attacks. thankfully, it was not as severe as that, but certainly isis behind this. >> and also starbucks put out a statement and we'll have that for you later. right now we want to stay in jakarta and bring in the congressman from new york. every day we wake up to this and one of the extraordinary aspects, not only does it happen every day, but it underscores the reach, the global reach of isis, it's throughout the world and yet, we're told over and over by this administration that they're no threat to america and in the battledfield, they're actually contained. >> you can't contain this threat and that's an important take away from what we're seeing in jakarta. and also, when we debate what should happen in syria and talk about syria here in the united states and say, well, it's a middle eastern problem, let them take care of it. this is where isis is -- their

commanding control, they're becoming extremely wealthy and planning attacks on the rest of the world. so, i think it's an important take away to one, this is a threat that can be contained, they must be eliminated, and as we debate what's going on in the middle east, we have to see the reason for us to be involved, to care about it, and to not just make this a middle eastern problem and not ours. charles: to your point, the direction from these attacks came from raqqa, a defacto isis headquarters or capital in syria. we were carpet bombing-- not carpet bombing them, but bombing them and they're still operating. and also, congressman, get your take on this, what some are actually calling the humiliation. we had ten sailors, one boat broke down, another came to its aid. both were captured, it seems, by iran and then there's not only were they captured, we're seeing on the screen, but the sailors themselves were made to apologize on iranian tv for

drifting into their waters. despite the humiliation, secretary kerry thanked iran. i want to listen to what donald trump had to say about it. >> how about the timing, this could only happen to obama right smack before his speech, right smack before his speech. this is jimmy carter stuff, what's going on now. we're now back in the age of jimmy carter. charles: congressman, you know, we're partners with iran on this major nuke deal that this administration bent over backward to push through and selling iran as a new sort of iran to the american public. what are your thoughts on this whole thing? >> well, i'm not -- i don't fear iran and most of congress, most of the american public does not fear iran the same way that obama for sake of his legacy and for a recklessly naive and sometimes woefully dangerous foreign policy, that

the president's approach has, in many respects, as a matter of policy, fears iran. so, secretary kerry might be celebrating the iran nuclear deal when our sailors get released, yet, there is silence when iran convicts a washington post reporter since the jcpoa was signed on our side, they test fire ballistic missiles in violation of u.n. security council resolutions, were silent. iranians, they fire a rocket past a naval warship and nothing is said. so, what's happening now is that we, the united states of america, the greatest country in the world with the strongest military, and a leadership role and style that has been relinquished. unfortunately, now we've reached the point where we fear iran as a matter of policy because of this administration and it's becoming more and more dangerous. i don't celebrate what happened with the ten navy sailors, i think it's humiliated what happened.

charles: it is, sure that's the problem with the foreign policy. charles: your point, whether they should appease them and in the process made them more of a fearful nation. representative lee zeldin, thank you so much. charles: the roughest start to any year whatsoever, down in 2016. you're looking at the dow jones industrial average, 16,000, a support point for now. the s&p 500 up, but remember, that's down 10% from its november peak. one of the big culprits in this have been oil. stocks in oil have been moving in tandem this week and overall pressure in oil, overall pressure on the market. one of the areas, obviously, where money flocks to, the yields are slightly above 2%. it should have been there already. right now i want to bring dr

barton, stocks, you say they won't stop going down until oil stops going down? >> i think that's in large part true, charles. you and i talked about this being a different feel than we had in august. in august, we kind of took a swan dive off a cliff. this was a much more measured boom, boom, boom move. don't be surprised if we see it linger, but testing the old 370 lows in the dow is certainly in play here. charles: that was a flash crash. you're saying this time we drift to it, we don't hit it, but find our way there sooner or later? >> and that's more nefarious, it's not bang and bounce off the trampoline. and this time it hangs around for a while. charles: okay, mr. sunshine, stay there. [laughter] >> and bernie sanders going on a serious attack, she's slipping big time in the polls. tamara holder is here. tamara, the trust issue is the

one thing, right? you've talked about this, a lot of people have talked about this, but it really, really feels like it's starting to have an impact on her? >> i don't really think so. i don't think that it's affecting her more than it has before. it's been an issue that's been going on for months and months and months. and until or unless she is indicted, i don't see this really changing and also, charles, who are we talking about here? are we talking about the democrats not trusting her? because guess what, that doesn't mean that we just a republican any more. charles: we're talking about her race against bernie sanders. not the general election. he's come on like gang busters, or maybe with this thing with president clinton starting to have an impact. >> i don't think that the thing with bill clinton has anything to do about it. they don't know who president clinton is, he looks like an

old man and-- >> bill cosby looks like an old grandpa. >> and you take that back and-- >> someone who has had a sexual impropriety-- >> a couple of women accusing bill clinton of sexual assault. >> and also flipped and flopped and also never been charged with a crime. charles: of course he hasn't. we haven't, but that doesn't negate the fact that you can't just chalk it up to, hey, this guy is an old man, it doesn't matter. >> don't twist my words around what i've said for younger voters, voting for the first time. bill clinton to them is just a guy that you remember or that their grandparents remember. charles: quick, why is hillary falling? >> because i think it is bernie sander, like you said earlier, he's picking up speed. charles: it's more bernie and not as much hillary, that bernie's message is starting to stick.

>> yeah, i don't see her having any kind of impact on anybody changing. she doesn't have a really strong message. i think, even from the beginning, her shutting down goodman to get a hair cut-- >> who would you vote for right now between bernie and hillary? you're not sure. thanks a lot. [laughter] we want it stay on politics, fox news reports that duck dynasty robertson says he's going to go for ted cruz. ashley: he says my qualifications are narrow, does he or she love us, can she or he do the job? and finally, would they kill a duck? that's important, i don't

understand the constitution, but-- >> something tells me bernie would kill a duck and hillary wouldn't. and at least three winning powerball tickets, obviously, chances are you are not holding one. we have details next. and a restaurant where everyone thought they hit the jackpot. sounds like a bad episode of twilight zone. he's going to be with us today. ♪ ♪ it's a rich man's world ♪ your path to retirement... may not always be clear. but at t. rowe price, we can help guide your retirement savings. for over 75 years, investors have relied on our disciplined approach to find long term value. so wherever your

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>> shares of gopro set to open lower, 10 bucks, coming off the lows a little bit. you might have seen them in stores piling up and shares are down since last january. netflix took a hit yesterday after morgan stanley downgraded

the entire tech sector. and the tech names that bust the market last year up 130%, still up 130% from a year ago. down a little bit this morning. hey, three winning tickets in that 1 1/2 billion dollar powerball. i know you didn't make it, ashley, a lot of us didn't. someone did, right. ashley: it's going to be split three ways, 1.6 billion. get your family tree out and see if you have relatives in california, florida, tennessee. and they've got the money, they're not going to find you, you have to find them. chino hills at 7-eleven, and one at a publix in melbourne, florida. and a town in tennessee, splitting 1.6 billion. charles: they won't be singing the blues. thanks, ashley. on the powerball, workers at a new jersey restaurant jumped

for joy and quit his job after they matching the powerball ticket numbers and didn't realize they had read off the wrong day's winning numbers. and the restaurant owner joins us now. were you out there when they read them off. >> yes. i was out there in the back and heard the commotion and ran to the front of the restaurant and sure enough, they were celebrating like no tomorrow. >> and just, that feeling that instant, it's amazing. right off the bat, the person that quit? >> well, i think a few of them did. chles: someone came out and said, hey, did they quit nicely or-- >> and and that's the last time i'll be watching dishes and jumped for joy and he says, here is yours back i'm a millionaire, get your own car. i'm not getting anybody's car. and we're all family and i know

a few of the weeks and they will he a city work at grissini. and some probably there for 23 years, so it was a shock. charles: what happened when someone said, started to look, who was the person who says, hey, guys, wait a minute? >> charlie, my bartender, came to take a break from the crowd, went to the men's room to get relief and quiet and called his wife up there, sound funny, but his wife says i think you better check the powerball numbers on computers because the numbers that were read, read for him and given to him, they didn't have the new numbers up yet. i think they changed that this time around, they made sure that didn't happen. so, when you got the new number numbers-- >> heart breaking. >> if you see the video, after the video and the celebration, you understand what i'm talking about. charles: lots of tears. >> yeah, different kind of tears.

charles: sounds like you run a tight family operation. >> oh, yeah, grissini's have been faithful to their employees. charles: your an a business owner and cheap gas should get people in the restaurants. something feels wrong. what's going on? >> i think that the economy has a lot to do with it, but we're in a location near the allpine called the trillion dollar mile. charles: you guys don't know about that. >> no, larger checks and very fortunate to be in that location. charles: tony, you're a good sport. and i don't live far from there. and how cozy was president obama with hollywood's a-listers? you're looking at one of the best ones. got to see this guys, these guys all scripted pointed to the president and they've done this for a long time, but we've got evidence on a big one for you, next.

>> the white house enlisting the president's a-list hollywood friends to back his gun control members. last week sending out a twitter ready talking point to all of his buddies and they got it and sent it right out.

check it out. ashton kutcher as president of the united states potus is working to keep guns out of the hands, and mark ruffalo the same thing. tamara, what do you think of this. >> another obama conspiracy, sending a tweet to hollywood, what's it coming to because of 92% of voters want background checks on all gun sales, but it's an obama conspiracy because we're taking the guns out of bad guy's hands. charles: no, taking the guns out of the good guy's hands. bad guys have guns. bad guys have guns. read all the people who shot and murdered people, which were following the rules that president obama is talking about? all it's going to do is make it harder to keep themselves and their families safer. i wanted to ask you about the hypocrisy.

i hate hollywood hypocrisy. and these guys in the movies shoot people up in the day and save the day. >> it's the movies. charles: you can do it in the movies and make $20 million i want to do it. >> you're saying you're that stupid that, that the american public is that stupid, when you're watching hollywood, i believe those things happening in hollywood are actually going to happen in real life? it's called fiction for a reason. charles: it's not all fiction, it's not fiction if someone walked in the room and threatened to harm us and ashley had a weapon he could protect us. and that's real life and what people want to see. >> okay, but you're saying-- >> it's like liam nissam. >> were you mad about the nba and them talking about-- >> i'm more upset about hollywood. stocks, oil, they've been trading in tandem.

the dow down 1300. and a federal probe of warren buffett. and on the hypocrisy theme, we'll keep that going for the whole show. ♪ you stay up.

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charles: "the opening bell" ringing in ten seconds. the market is under a huge amount of pressure. they got the sign, it went red hot, we opened higher almost every single day. we had triple digit dow rallies fizzled and into the proverbial boulders to the close. the first 30 minutes to hour of trading, i got to tell you when these rallies don't hold it is bad. listen, the bottom line, we haven't seen good news, the markets are down, the s&p is down 10% from the high, morgan stanley downgraded the tech sector which got hammered yesterday, wheat sales, job cuts, the stock goes lower to a record low no matter where it opens, look at goldman sachs, they are cutting a lot of workers, jacoby which has been

crushed, earnings, really messy year, promising people won't get sick. stock needs an upgrade, going from 750 dr. oz 2450 gay of grades, twitter no help. another new low. all bad news, essentials the what we got here this morning. want to bring in ashley webster, liz macdonald, larry levin, what is going on here. how names resonates with people and it is negative. >> with go pro, twitter, week stocks get much weaker. the falling tide is dragging everywhere. a few safer places, some of the names in utilities and text doc, holding better but relative strength, what we are looking at here is quarterly drop that we had since late december. it is starting to bottom out. there is technical data that

says we are due over is that next couple weeks for a little ride. if we don't get that. charles: that would be a relief. >> we don't get that look out. charles: we used the word orderly. orderly. it has been orderly but yesterday was the most disorderly session of all. it felt like a true -- charles: amazingly -- capitulation. no matter how modest it is up 192, once we get the stock bounce up, we can and get out. maybe i should ask, this is all about purely worries about growth around the world, and what low growth around world will do to the u.s. economy. is that it? >> that is the big picture you

put together. really makes people go where is the next piece of good news? everything is sliding right now. remember we had six years of every time we got bad news was good news. charles: we learned how to celebrate mediocrity. morgan stanley downgrading the tech sector, a lot of big-name sins that space that for a long time were unhittable. liz: a huge sell-off in names like amazon, facebook, these were the so-called horsemen of the markets, the ones people were flocking into away from the positions that were eroding and the roading fast. there has been a serious correction in the nasdaq which started by the way last october so it continues, netflix under pressure as well. what we are looking at right now is the fed raising rates four times and i think what investors

are looking at is trust but verify market, prove to me the cash flow is there to support high earnings multiple from these stocks. charles: i am looking for the 16,000 to be a key support point. >> 15,666. charles: has to come in to play but last summer it was sharp and bounced quickly and a lot of money was made. over the last six years of was a cute strategy, you don't think it works this time around. >> i don't like buying the dips any more until we see some things going on globally. remember what the stronger dollar, weaker oil, all the things we are talking about impact emerging markets, stronger dollars, tougher to pay off debts so until that stabilizes, buying the debt is no longer, you hit it on the nose, no longer my favorite. charles: trading in tandem. here is the thing, gasoline inventories came out. it is interesting because if you

were asking someone, if i say cheap energy will make your economy worse does that sound logical? we have cheap crude and nothing is happening, stock market has gone down and what kind of conundrum are we in now? >> the conundrum is the driver of the energy stocks and all energy related economy, the bigger ecosystem around energy has been dragging dragging down. a lot of of the things are making up for that, strong tech stocks and all of that helping hold us up, now that drag is too big, the current big fear we talked about on the show before is some of those yields. liz: we are in a rare historical -- used to be supplied versus demand, it is both right now. a lot of supply and demand and the demand signal is showing an economic downturn here in the united states potentially around

the world, fiers about recession that the oil price plunge is a recession signal. charles: talked about oil already this morning that it could signal inflationary issues. i don't know that they are equipped to handle the. it was a record year for jpmorgan. what is going on? nicole: we saw it drive 10%, jamie dimon talked to maria bartiroma and said he was working on cutting costs. that was one of the reasons they did so well and the stock is up 1% for jpmorgan. this was the name likely to buck the trend even when we had future plans to the downside. charles: what about the best buy? seems like more bad news? >> none of them do well during a holiday season. they lower their sales outlook, during the holiday season they had weaker sales because of weak mobile phone sales. stocks down 8.5%, down 30% in

the last 12 months under pressure today. charles: they were not going to make it. thanks. you have a pick you like. there is something we should be buying right now. >> if you have to put new money to work, charles -- charles: we sounds so much alike. >> we talk about tax stocks but nasdaq has not pulled back as much as the s&p and russell. we are looking at google, like google because of its relative strength and growth model is not going to be as impact as soon by the economy as other things, 64% of the u.s. flows through google and this year our pcs as youtube is looking at $7 billion by itself as revenue and they have never broken revenue out.

charles: it would be more of a defensive play. >> put new money to work, and lockheed martin same thing. two dividend stocks. charles: take another look at twitter. you have some news for us. ashley: there is a lawsuit being filed by a woman in florida whose husband died in an attack, jordanian police training center last november. cheese says twitter is responsible because it made it easier for isis to use social media platform as a way to spread the message. no response from twitter but a very interesting development but they are not doing enough to stop the dissemination of terrorist messages. charles: may be a public outcry, some lawsuits will. warren buffett's mobile home company denying discrimination against minorities. what is going on? liz: four top democrats led by maxine waters send a letter to

loretta lynch, u.s. attorney general and the consumer financial protection bureau saying clayton holmes, the country's biggest mobile home seller and also two lending units that are subsidiaries of berkshire hathaway did seize and engage in fraudulent sales and practices targeted at minorities. they are denying this. basically maxine waters saying she finds their practices appalling, sleazy and disturbing so there are problems on the berkshire hathaway front right now. they say things like selection agents reusing ethnic slurs against minorities and basically using deceptive sales practices that kept people locked in these mobile homes. charles: what do you think about warren buffett? is the magic gone? >> i don't think warren has lost his magic at all. when you have the kingdom as big as his things like this are going to bubble to the surface and it is horrible things if we find them true.

i am not sure we can say warren himself was condoning these things but i don't think he lost the magic. he is still doing some value, picking up a lot of philips' 66. charles: i guarantee he will -- you don't want to run afoul of her. the big board we talked about, this is what is happening. we open with strength and what is really strong, half an hour before we opened we get positive open and look out below. this keeps happening, everytime it happens people lose confidence and to every time they lose confidence it happens even more. the psychology of it is really a parent and there is the election weigh in on everyone's mind, you will know more about who you want to vote for after tonight because fox business is hosting the next republican debate starting at 6:00 p.m. with the first debate, sandra smith and trish regan moderating that one end and 9:00 eastern neil cavuto and maria bartiroma will be your moderator's that it is all live

from south carolina. american sailors treated like war criminals by iran and were forced to apologize. the american government not stand up for that all. judge andrew napolitano have a lot to say about this and kim davis, the kentucky court reviews the issue marriage licenses to gay couples making a guest appearance at the state of the union and now she is here. it is all coming up in the next hour. we will be right back.

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charles: actor alan rickman died of cancer at 69 can his most famous role was in the harry potter movies. i remember him for villain roles in die hard. ashley: emma thompson's lover in love actually. charles: checking big board market putting up a little bit of a fight. remember it was indications we could be up 90 points, positive with negative, we are seeing this which everyone with market struggling big time. yelp had a new low, had a chance, would not change its business model and they are paying a heavy price, stock down, received another downgrade. congressman alan grayson going after ted cruz saying he is

probably not a natural born american. and will file the legal challenge if ted cruz is the nominee. >> if he is the republican nominee, if the republicans are so on why is that they actually decide to nominate someone who is constitutionally incapable of being sworn into office then i will file a legal challenge to him being on the ballot. charles: what is the strategy? ashley: ted cruz was born in canada, his father was a canadian citizen but his mother was an american citizen but that is the challenge, he release the birth certificate. complicating and muddying the waters, the mother's name appeared on a canadian voter list in 1974. mr. grayson says you can't be on the voter list unless you are a canadian citizen. is raising the deck and says he will file a suit if ted cruz is the gop nominee because he believes this needs to be looked at close to. liz: voting records are so state of the art.

cinematically picture-perfect. ashley: constitutionally natural born citizen which leads to the joke you can't be president if you were born by see section. charles: judge andrew napolitano is here. judge napolitano: alan grayson has no standing to bring litigation. federal courts do not sit in order to right every wrong, you have to have standing, you have to be uniquely agreed number one. number 2 the constitution doesn't prohibit you from running if you are natural born citizen kelly from serving so this issue would not even be right unless and until they -- the a letter or college elected him as president. 3, the law is very well settled. if one parent is an american citizen at the time of your birth defect harris spent at least a year in the united states before your brick you are a natural born citizens, an end of story. the rest is politics. charles: i leave it is more about politics than anything else. judge napolitano: trump is very

shrewd to throw these tidbits out and get everyone talking about it. it is politically considerable but legally and constitutionally. it before you can argue grace and whats trump to be the nominee for piggybacking in office. i want to get the. judge napolitano: who knows what he really wants. charles: we are starting to see how sailors found on their knees, looked like the course video the workforce to make, treated more like criminals of war, war criminals than guys who actually drifted into someone's sovereign territory. judge napolitano: what is legally offensive is the photographic of them and distribution of the photograph through international media sources. if the iranian military wanted to photograph them for a record of what happened and keep the photograph to itself that would not violate the geneva convention but the exposition of our sailors as if they were

puns, as if they were criminals, not only enters most people here but clearly violates the geneva convention. we don't know what brought this about or how it happened, what pressures were on the young man to make the statement he made but if it was his statement was a statement to the united states government. charles: all right. i will see you in a while. vice president joe biden taken by surprise at the state of the union because president obama turned around and said joe is going to cure cancer before he leaves office. some doctors not happy about it. we will tell you why next. 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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call today at see car insurance in a whole new light. liberty mutual insurance. charles: watch this. this is the fault -- small french mountain villages, asking unscathed after being engulfed by acute avalanche. this footage shows the avalanche barreling down mountain slopes toward homes at the base of the valley. no one was hurt and no buildings were damaged. that is absolutely remarkable. the final state of the union address president obama assigned joe biden with the task of curing cancer. watch this. >> i am putting joy in charge of mission control. for the loved ones we all lost, the families that we can still

save, let's make america the country did yours cancer once and for all. what do you say? charles: dr. mark siegel is here. what did you make of that? >> vice president joe biden's heart is in the right place. i think he is all in on this and i think he will put a big effort in and there is a lot of great cancer research going on in the country now but all of this rhetoric, moonshots and mission control, the problem with this is cancer is not one disease. it is many diseases, we won't your cancer. will be doing is coming up with personalized treatments for tumors, not 1-size-fits-all that will help one person more than another for figuring that one. the problem is extremely expensive, $100,000 a year for treatments to create a new drug over $2 billion. guess what doesn't pay for that? obamacare. for president obama to get up

there and say i am leading the charge, these are being developed overseas. $500 billion in taxes as part of obamacare. obamacare insurance, cutting down on doctor networks, hospitals, you won't get treated with it. stuart: a lot of guys relocated their headquarters. a lot of brainpower, but what about the notion the government should be doing this? private-sector has done a pretty good job, we have cured some forms of cancer, the medical industry has come a long way. >> in you know therapies are coming out of the private sector, genetic therapy's, so exciting what is happening now. therapies kospi indian system to identify the cancer and targeted for destruction, that is of the private sector. the government can play a role like president nixon in 1971. national cancer institute can

play a role of supported properly, what is happening now is innovation is being squashed by obamacare. how can president obama lead the charge? charles: not long ago when hillary clinton attacked the biotech pharmaceutical industry those stocks got hammered. we can't have the government sees another industry. >> they have the key, not a problem. charles: thank you very much. iran releasing propaganda videos showing sailors apologizing so what does the government do? we thank them for letting them go. kim davis, the woman at the heart of the same-sex marriage debate, she attended the state of the union, she will join us at 10:45 eastern, second hour of "varney and company" just two minutes away.

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charles: i am charles payne in for stuart varney. we are covering the bunch of stories, gearing up for the

second fox business debate, the candidates facing off in south carolina. the action starts here tonight at 6:00 p.m. eastern. another deadly terror attack, gun shots and explosions and isis is to blame. they hold ten american sailors like war criminals, we apologize for the incident. kim davis, controversial figure just attended the state of the union address. hour two of "varney and company" starts right now. checking the big board. you open iron drift lower, pick up steam, 16,100 will be your key support point. we are 100 points above that little lot of names you know

getting hit big-time including twitter, that stock not hit yet another new low. wall street never like to go pro. they think it is a one trick pony. it didn't work well in december, sales were weak and they are cutting jobs as well and that stock down lower to a new all-time low. let's bring in geoffrey small with arbor financial. i want to talk about oil and the relationship between oil and overall market, what is going on here? >> a lot is going on with the energy market. they are anticipating the fact that iran is getting ready to enter the market and that could cause another 500,000 barrels a day the we don't really need. up to that amount. charles: but the cia says there will be more supplies this year than last year. why is the market reacting to this degree when we know supplies coming off in america and what iran puts into the global makes probably comes off somewhere else because it is becoming too expensive to drill any more. >> there are projects being cut

back but production is not slowing and neither is the middle eastern production, that is not slowing either. charles: i want you to stay there, back to indonesia, deadly explosions and gunfire in multiple locations in the capital, jakarta. at least seven people are dead including five attackers. ashley: in the last ten minutes isis claiming responsibility for the attack that indonesian officials already quick to make that assumption. nine to ten attackers hitting the financial and shopping district of jakarta, the capital of indonesia. five attackers were killed. a series of bonds and then battles involved in best similar copycat of the terrorist attacks, one of those explosions you saw on screen in front of starbucks cafe, there was another in front of the shopping mall, very popular shopping mall in jakarta. they made three a arrests. indonesia not unfamiliar with this.

it has been rather stable in the last six years but we will never forget the 2002 bombings that killed more than 200 people. charles: 2009 a couple twin bombings. let's bring in ambassador james jeffrey on this, former u.s. ambassador to iraq and turkey. your take on the bombings in jakarta quickly, the indonesian government said it was isis, they track down where the orders have come from, spring into action quickly, what do you make of it all? >> it was isis like the attack in istanbul. and year two days ago. the rapidity with which isis is striking throughout the world from california to indonesia is very very troubling and once again underlines we need to snuff these guys out, taken down in iraq and syria. this is going to get worse. charles: the orders for this attack came from rocka, after paris, france, we bombed the

heck out of the. the more public relations than anything else, what committed efforts should we have? we know the capital, why don't we go there and take care of business or is it even possible without killing a lot of civilians? >> it is possible. we conducted a successful operation in ramadi, iraq, just two weeks ago. the problem is we won't be able to do this. you cannot do it from the air, you cannot do it on the ground without effective combat troops and that will require some elite american units with quebec. on the ground. of the president doesn't do this he will get more indonesias. charles: iran, they took our sailors and ships and this propaganda video, somehow we thanked them. what is going on here? >> first of all we don't know exactly what the circumstances were. what those ships were doing

close to iranian waters because it does appear they were in iranian waters, these were commando ships and would have set off alarms among the iranians, would have set off alarms with us. what the iranians did was an unnecessary step. they could have warned the ships, could have basically pursued them and let them flee but rather the iranians took it and turned it into a propaganda circus. i found our apologies too effusive. is one thing not to create waves when you're trying to get people back but once they're back there is no reason to pat yourself on the back for something that makes us look stupid, makes the entire region see the we are not willing to stand up to iranians. charles: these were commando boats. we don't know the details but there's all kinds of speculation that fishing boats or something, some unequipped boats were able to capture them? how does this go down, we drifted to their waters, well armed vessels, two of them and they are captured, how does this

happen? >> i was an army of research, not at navy officer, how you capture these boats, received orders to surrender. charles: that is what word is around the internet. i hope we get to the bottom of it very quickly. and specific about how we miss this problem, hopefully someone in washington is listening because it is only getting worse. really appreciate it. tonight on fox business, another republican debate. the big issues on the table, include guns, the president having into hollywood for support, a tweet, white house talking points. had a conversation with camera holder this morning about this,

called me stupid. the fact of the matter is a couple things hollywood is influential. they make a lot of movies with good guys with guns and taking down the bad guys, why can't regular citizens aspire to that? >> they have no money making money with films but we see this with president obama where he turned to hollywood to push the narrative he is trying to push here. i wish hollywood actors would stick to playing the other characters because those characters are always more likable than they are as individuals. what they are trying to push is an absolute joke. we need an expansion of background checks, first of all states already have background checks and secondly we know background checks would do nothing to prevent any of these mass shootings we have seen. if you look at the san bernardino shooting the killer was able to take those guns from his neighbor.

and this is as strict as you can and the killer was able -- the killer was able to pass a background check. the condition and have received the gun. the killer sold guns, these are criminals by definition. adding more laws to the books will do nothing to prevent these shootings. charles: when will the president use his enormous influence along with hollywood, one of the real big issues. a lot of young people killing other young people. they have influence over these, they blame inert and object, a gun. >> i agree with you. why aren't we blaming the criminals for what they are which are criminals, 20,000 federal and state laws on the books already that we are not enforcing.

if you look at a lot of these northeastern states, liberal lawmakers are trying to push for more gun control those states are not even turning over the pertinent information that would prevent an individual from obtaining a gun to the fbi nixed database. what this is is a farce, liberals trying to push their antigun agenda on americans and what they are trying to propose here in these common sense and reform policies will do nothing to prevent these sort of shootings we're seeing. charles: glad you came on because i don't feel stupid anymore. >> you are stupid. charles: neither is the american public. >> thank you so much. charles: we have the republican debate tonight, the first one, 6:00 p.m. sandra smith and trish regan, moderating the first debate at 9:00 p.m. eastern neil cavuto, maria bartiroma are your moderators, it is all live from south carolina. want to get back to geoffrey small. although the market is in turmoil you have some stocks you like beginning with time warner.

>> i like time warner and honestly, looking for diamonds in the rough right now in the market even though we are off to the worst start ever in the history of the year, the market is down 7.8%, that is the worst start. probably more volatility coming forward but time warner, consider them a sitting duck, they have dual class shareholders structure which gives all the control to upper management and the year-and-a-half ago they turned on a buyout for $85 a share with share prices around 70 today. i see them as a target especially for apple, so much cash. charles: in that space i go with disney before time warner but i hear what you are saying. stock i like a lot a new like chevron. is it what a dividend is or do you see something else? >> chevron is competitive. they have a high-quality balance sheet, barely any debt, huge upside when oil prices recover and their dividend is doing well. charles: general motors taking market share and constantly buying back $9 billion instead of 4 billion shares. forward guidance looks

phenomenal but stock doesn't break out, you think it will. >> general motors is meaner and leaner and ready for the prize fight in august sales. they are the leanest and most efficient at this point so if you are going to bet on automakers that is the one. charles: we love when people give us those nuggets just like that, see you again soon. president obama says isis is not a threat to our national existence and yet we wake up yet again with another deadly attack by this terror groups. we will talk to former members of president obama's inert circle next.

charles: it is a tug-of-war, fascinating to watch. i know down 0.27 does not seem like much but it is because it sets the tone for the rest of the day and we had 400 point reversal yesterday. you want to pay attention. we had new lows, yelp getting slaughtered. investment firm rightly and

company says forget neutral, we are cutting this to a sell. fiat chrysler hitting a new low after the media reports two dealerships filed a lawsuit accusing it of inflating, that is never good. actor alan reddickman most famous for his roles in diehard and harry potter is dead at age 69. his family said he died surrounded by the of the ones which he had a long battle with cancer. ashley: much like david bowie no one really knew about it, it shocked the entertainment world. daycare rawlings says she is shocked and saddened because he was very famous he was perhaps many people out there, their favorite villain was in the die hard movie because he was so sinister in his quiet this, with a bit of a smile on his face. >> did not even have to talk with -- he was outstanding in

the law actually roll. ashley: he was and the thompson's has been in love actually. charles: you are a movie buff. lifeline to you. now for this, president obama, isis is not a threat to our national security. less than two days later another terror attack, this time jakarta, indonesia. former obama white house senior director nyura huk. your old boss, bad timing, says isis is contained in than we get harris, comes out on the state of the union making similar assertions and then we get a string of attacks on a daily basis. what does president obama consider not to be a threat when it is obvious isis has global tentacles including our country?

>> we need to look at the state of the in your remarks in context. for your viewers who have not seen the whole thing a significant portion worth talking about, isis, defeating isis is a priority, calling the isis killers, barbarians that need to be destroyed wherever is a are. the line about a threat to our national existence was a reference to the gettysburg address that this nation of the people, by the people shall not perish from this earth. why? because we are the united states which people look to was for beaters it, we are strong and there is absolutely no way that a group of terrorists is going to destroy our constitution. charles: that is the irony right there. you are saying people look to us because we are strong and decisive but we have been anything but. the first wine of president obama's mouth about america being the no. one country in the world is absolutely right but we refuse to use that strength, we shy away from it. we are intimidated or embarrassed by it, this

administration, consequently isis is a threat. americans believe national security is the number one threat to this country so we have a constitution but when do we protect it? >> that is what we are doing, military forces are doing every day. do you believe in a foreign policy where people actually talk to each other and we have allies? more than 60 allies we brought to the table to fight against isis or do we believe that a policy that makes fans blow? the most relevant -- charles: beneath that last -- >> the most relevant part of the speech was on foreign policy when obama said we have learned from the lessons of the bush administration that we cannot go in and try to create new countries like iraq, learn the lessons from vietnam. there are people in the region who have to take responsibility for the fact that the region is falling apart. charles: what are we saying to saudi arabia? you have tent cities with their

condition is, you haven't taken a single immigrant, the migrant. we have all these nations, we fight their battles for them and this is what i don't get. i don't understand, you're doing the same doublespeak president obama does. you are saying one thing but the actions don't follow it up. consequently we get an intensive assassination of a police officer in philadelphia, san bernardino and people are afraid, the president did nothing at the state of the union to make us feel safer. >> i think he made a great case for why the american public should not be relying on fear to elect future leaders. mickey haley did the same thing talking about divisive rhetoric. this has been a problem in this congress and presidential contenders who are looking to build fear about immigrants instead of offering real solutions. making the fan glow will not be good foreign policy. warner: not save americans. charles: we won a couple world

wars that we. we defeated enemies that would have changed the course of mankind forever by making sands below, destroying them, taking the fight to them. >> i think we have a different -- i think we have a very different interpretation of what won world war ii. world war ii devastated europe before the united states stepped in to enter and support and it would not have won of not for the united states. there was an isolationist policy in world war ii. we had multiple administrations, particularly under the obama administration, built relationships with other countries to make sure we can mutually together contain our enemies. the president has acknowledged, the president did acknowledge, the president did acknowledge that this -- charles: 65 coalition, you're not going to win this war. america wins it or the world is in a lot of trouble. >> we absolutely agree that

america is the leader on this war. charles: let's leave it there. i will get your name right next time. let's start with kevin davis, a county clerk refused to issue marriage licenses to same-sex couples, attended the state of the union address. connects to the three winning power ball tickets, $1.6 billion jackpot, the biggest ever. how much do the winners actually take home? that is what we want to know.

charles: now to the power ball, three winning tickets, $1.6 billion jackpot. three winning tickets, how much did they get? >> let's the graphic's though i can see my numbers.

the entire take $983,500,000. before you get york shack, they get your first cut, 25%, $245,875,000. next year you pay the remainder, the balance of the very 9.6 which is 14.6%. that is going to do 45 seconds, that is another 389,000 is the total take of government, individuals will get $198 million. here is what you need to know. normally you expect state taxes to take in because california has 13.3% state income tax, it does not apply to lottery winningss. in florida and tennessee, no state income tax so they are free and clear. think about what if you had some kind of state income tax, the big winner is the government is

the winner. the government is the winner, remind yourself your helping gumbel slam to more of your hard-earned -- charles: once in awhile once every couple years for a chance to win $198 million next. >> you would think billionaires' get up in the morning and decide to play the lottery. they did not. do what successful people do, shun the lottery. charles: people in three states laughing as they drink their champagne. i didn't play. charles: we i just hours away from the second republican debate, it is make or break, we will talk to someone who says marco rubio is the candidate to beach.

....

>> the market. taking a stand. check it out. only down 1200 points for the year. take a look at oil. making a nice bounce. it seems to inspire. smart people out there saying only a $20. web mde. exploring an entire cell of its company. hitting and entire all-time high. our next gst says rubio is the man to watch. former u.s. ambassador to belgium. joining us right now. ambassador, we have heard this before from a lot of observers.

i've never heard of anyone talk about rubio. >> demographics. cutting into the recent democrat family. he is young. he is hispanic. that makes tonight particularly fascinating. then you have game theory. they could stop trump or cruise. they hand the election to trump or cruise. maybe hillary clinton by doing so. >> i think -- i do see what you are saying. particularly when it comes to

new hampshire higher. stepping out of the picture. one candidate that could really be a challenge to the non-established. having said that, his ego seems so outside. i do not get this. i do not see how it is a smart strategy. >> you can feel it directly. take one for the team. tell marco you are with them. take one for the team. chris christie. otherwise, you are making donald trump and ted cruz. the back room deal. >> the establishment is an entity that is out to control the world. >> the establishment thought. people said otherwise.

now there is a problem. they control elections. charles: check this out. world tape. >> my watch cannot be talking. [laughter] is it my watch? i will call you back. [laughter] >> that is the coolest thing in the world. charles: a lot of people say it makes jeb look human. maybe even likable. >> someone forgot to tell him that when you run for president, you actually have to want to become president. you have to try for it. that was a real man for a change. i would love to see a real job bush against a real hillary clinton.

charles: that romney or john mccain. maybe they would have been in the white house. maybe not too little too late. >> all the best. take care. let's bring in john hemminger. trump and bernie. because of the way obama governed his rhetoric and everything else, it burst the so-called outsiders. so much resentment against the establishment. >> that is exactly right. the other half is the fact that we have a weaker economy. post story growth pattern. about 3% for the entire united states. it has been 3% at best. seven years of this stuff. seven years of a weaker economy. basically not engaging in washington politics at all.

over that seven years, it has built up tremendous economic and political frustration did to the point where i think it has exploded in the person. charles: i think that that may explain. people do. an air of desperation. we need something completely different than what we are to have in their. >> that is etc. clay wright. politics in this country is where people negotiate the differences. angering a lot of people. normally, you have to do some give-and-take. i think that is what people want. trump has the skills to do that. frankly, bernie sanders looks like an aggressive politician.

>> strange things happening on her way to the coronation. congress has a lower approval rating. are the america public upset with this? allowing to use their powers? >> that is the perception out there. no matter what the republican congress did, if they pass legislation, barack obama would simply be dealt with. let them break it down. do not feed these words and never push it forward. >> i understand that. they still would have been symbolic votes. >> that is an exciting time. i cannot wait. thanks a lot. want to get back to the market. first take a look at jpmorgan. record profits.

you are in uber banking expert. you like punching in numbers. they did okay. >> 32 earnings per share. this is the country's biggest bank by assets. citigroup and wells fargo coming out tomorrow. they treat them like a proxy for the overall u.s. economy. that means we are on the verge of recession. this is 2008 all over again. jpmorgan. problems in china. the oil patch. it is not a crime or credit collapse. that is not what they are talking about. these companies, they don't make in a year what these guys would

make in a week. >> some of the banks are pretty fairly valued. more than a momentum stock. that stock action is more extreme. 85% of its value. that is how go pro is being done. >> revoking out the so-called uniforms. you remember her. used to issue marriage license. a special guest at the state of the union. here to tell us all about it. right after this. oh, the numbers look so good. dave, dave's on it. new zicam cold remedy nasal swabs shorten colds with a snap, and reduce symptom severity by 45%.

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nicole: i am nicole petallides. the market of glory. industrial average up 187 points. 16,338. the s&p 500 up 20 points. the nasdaq up 21. oil goes up. so do some of the energy names. more than 3% each. jpmorgan. better than expected. looking pretty volatile throughout the day. it moved a short time ago. above 52. that is a big move there. go pro. new lows. go pro almost 20% market.

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get it. add a new low right now. kentucky clerk. first made news when she refused to issue marriage licenses to gay couples. she joins us right now with her attorney. first of all, a real big honor. everyone is curious how you ended up getting that. >> well, very blessed to be invited. it was very much, very unexpected for me to get the invitation. it was all worked out. i am not at liberty to say who. maybe presented for christians who are still looking for hope

at this time and in this dark world. encouragement to stay in. they can make a difference. >> there is no doubt that you made a difference. they are losing here. even religion in general. on the defensive in this country. i would assume that people come here all the time. is there a way to find a middle ground? particularly to the constitution. taking a step that the nation. we have elected congressman, representatives to represent ta

li the best way that the questions can stand and have their voices heard is through these polls. >> sometimes -- charles: sometimes, we do not get what we want. this particular case, it infringes on someone's religious beliefs. how long do they stay in that job then fight? >> for me, you know, i asked people why didn't i retire. if i had done just what they had asked me wanted me to do, i would have no voice.

i feel that i have a duty more so to god than anybody. to be placed there. with his will. for me to stand with his well. if i had left, i would have had no voice. >> help us understand what is going on. some of these couples that have been denied their to licenses, where does it stand on the legal platform? >> i believe it would be a clear violation of religious freedom. in kentucky you have the restoration act. not just in this area, but other areas as well. that is their sabbath.

the real issue is whether or not there are reasonable means of accommodation. in this case, there are clearly ways of a religious accommodation. it has already issued an executive order to do so. lots of counties and courts that have given the licenses. they are about literally taking ken davis am putting it on the wall. when there were many alternative ways to accommodate her faith and her conscience. charles: kim, where does this go from here? lots of speculation on how you got there. a lot of people look up to you. do you feel like you have some obligation to keep pushing this

forward? >> well, we always have an obligation to stand for god's word. that is what this is truly all about. for me, this has never been an issue of gay or lesbian. it is about holding the word of god. the way marriage was designed from the beginning of time. that, for me, is where this is that. i will continue to stand. i will continue to press on. i will find the encouragement to others. this is just me standing alone right now. i am not by myself. there are many others that will stand this test. not if, but when. encouragement for everyone to be ready. >> thank you. good to be with you.

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charles: now this from the "new york times." the government will start tracking secret hires in new york and miami. we will get into it. we are joined now from miami. the feds want to know is any illegal money being pulled into luxury real estate in the united states. is that money laundering. is that right, katrina? >> many americans like the tone of this. it is important to note the other side of this. using llc's to purchased real estate. it is not only foreigners. there are other uses other than secrecy for an llc. i encounter high individuals

that use it for tax reasons. also four privacy. the last thing that these buyers want is for their home address to go public. using shell companies is legal, as you point out. miami dade county. it has to be reported. that will be a lot of work. >> not only will be a lot of work, but a million dollars does not get you very much. that is most of the transactions in florida. new disclosure laws that have been enforced recently. it is hindering a lot of transactions. alternately, hurt our economy.

these foreigners are bringing their money. money is already in the federal banking system. my other concern is how are they really going to check. created with a legal sources. are they going to have to audit these people in other countries? the whole thing does not make any sense whatsoever. >> the federal government. they go together so well. i know you are a big trump supporter. we did not have time to get into that. thank you so much. bernie sanders. taking a lead over hillary and some polls. is it a possibility that she will not be the parties nominee. monica crowley thinks so and she is up next. ♪

charles: i am charles payne in for stuart varney. we are seven hours away from the first gop debate tonight. it starts at 6:00 p.m. eastern time. bringing stocks along for the ride. the dow is up. about 230. a big battle. and then there is the clintons trying to stay afloat. hillary is in trouble. finally coming back to haunt them big time. monica is back. the soldiers that defended our diplomats in benghazi. joining us at 1145. the third hour of varney and company starts now. ♪

>> there is a possibility that she will face an indictment. at which point, politically, should on chance she will become rather toxic. only one person that really matters on the democratic side. that is the president. i do not believe that the president wants her to be the nominee. charles: that was monica crowley last week. it looks like the polls support you. this new new hampshire are paul. thirteen-point lead over hillary. attacks on bill clinton. >> there is a perfect storm that is developing around mrs. clinton. it is not good for her. 150 fbi agents. also expanding it into possible corruption. the clinton foundation with her work at state. i am told that this is very serious business. it bodes very ill for her.

i think if she were nominated both the democratic and republican field by 20 or 30 points, they would say, well, she was doing this. she could not pull it off. the white house may actually move against her. >> a case of emergency. break glass and what. behind bernie sanders. >> who will they go to? bernie sanders? no. they do not think he can win an obvious selection. joe biden has been making a lot of noise. very curious, indeed. it closed out live this morning, charles and ashley, says he thinks he would be a better president than mrs. clinton. he thought that he would have been a better president. the other names that i am hearing, which i reported last night is california governor gerri brown.

>> i know that it sounds crazy. for them, it does not matter who is at the top of the ticket. for them, not on the ticket. it will be elizabeth moran. taking care of the bernie sanders left. >> days away from making her endorsement. >> let's check out the big board. we shifted to the upside. we were freefalling just moments ago. take a look at oil. a 3% move off the low. the $30 range worth a lot of oil. a record year for profits for jpmorgan. that stocks helped lead the way. hopefully little higher.

i want to take a look at goldman sachs. cutting hundreds of jobs. the stock up slightly. twitter hitting yet another new all-time low. also go pro. not good. cutting a lot of jobs in the workforce. we made this turnaround in the market. it is still extremely volatile. we will take some of these to get out. >> closing above 16,500. 16,000 has a hold. a release from our sailors. marsha blackburn of tennessee. it is a pleasure having you on

this morning. we talk all the time about the president's foreign-policy and particularly to our relationship with iran. utterly embarrassing. thanking them. what is going on there? >> i think iran is trying to teach the usa lesson. they are trying to prove that they have the upper hand. you are going to do whatever you want. they are making that point. seeing the apology. the investigation. no apologies is taking place. i think all of that is problematic. >> here is the bottom line. the negotiating process. president obama would do anything to get this bill

through. it may have pushed the limits. it has just been amazing. what do you think happens from here? iran trying to show the rest of the world that they are in control. what happened to our allies like israel and saudi arabia. >> what are you going to do about it? charles: i am sorry. we are having microphone troubles. we will try to come back to you. if not, as usual, we appreciate it. politics for a moment. fox business. the gop candidates all facing each other. another presidential debate. jeb bush is out with a new campaign ad. it is going right after donald trump. roll tape. >> life is precious. life is truly a gift from god. we are all equal.

when anybody, anybody, disparages people with disability, it sets me off. that is why called him a jerk. what kind of person would you want to have in the presidency that does that? i what point do we say enough of this. let's start solving problems. charles: special report bret baier. a tough jab. what do you make of it? >> pretty powerful. a lot of people question why he did not come out with it before that party played. a father of, excuse me, a son with cerebral palsy. a real problem with donald trump on the campaign trail. many perceived it as making fun of a reporter. that was handicapped. i think that this ad, while powerful, a lot of people are saying is it too little, too late for jeb bush. we will see. i think the battle tonight will

be twofold. donald trump. ted cruz. they will go back and forth. the new jordan mentality. that will be interesting. the other is the battle for the second place. the establishment lane, if you will. chris christie, jeb bush, marco rubio. carly fiorina could fit in there. she will be on the first stage. to affect new hampshire higher. living. i do get what you are saying. ben carson who feels like the wills have come off. stabilizing a little bit. will this be a last chance? a last chance for some of the lower ranking 1%, 2%.

>> definitely. i do not know if it will be after tonight. our debate in two weeks in des moines, i think the field will probably stay as is until first voting. charles: i am sorry. after i was. they do not make that impression. >> definitely. i think you will see mike huckabee. if he does not finish well there. maybe doctor ben carson. you run into money issues. you run into the case being made on the establishment side of being able to consolidate ablow. charles: you mentioned jeb bush. too little too late. wonder why he did not fight back sooner. for the first time we have seen classes of anger.

being the nice guy. ignoring all of these assaults. >> the most interesting dynamic tonight. what ted cruz does. really had donald trump. i think that this may change tonight. remember that the debate for iowa last time, early on, challenging mitt romney on a campaign trail. called it romney care. exactly like obamacare. he said he was asked that on the debate stage. standing next to him. making that case. he did not. he looked weak. >> thanks a lot. see you again soon. >> hillary clinton behind in the polls. finally sticking to the clinton machine. we talked to a clinton fundraiser next. ♪

♪ charles: final preparations being made for fox business. blake bergman is in south carolina with the latest. let's talk trump versus cruz. >> the biggest matchup. ted cruz on one side. trump has been pounding the issue. ted cruz citizenship. maybe two weeks or so. interestingly enough, trump held a rally. 11,000 plus people there. trump kind of glossed over.

the candidate getting into tonight. cruise himself, just down the street here. he took the issue head-on. >> a lot of lawyers say you cannot run. get into it tomorrow night. >> very interesting. a little over a week ago. >> you have that, charles. proving once again that he is in the headlines. the "new york times." during his senate campaign for goldman sachs. completely reported. and in important. this outside republican running as an outsider. goldman sachs attached to his name. neil: it will be exciting.

a finished site so far for the stock market. in part because of oil. oil is making the approval of $30. back above 31. titrating. a lot of anxiety. could go either way. earlier this hour, we heard from monica about how wonderful hillary clinton really is. recent poll numbers are starting to prove. this is in new hampshire higher. with me now is blake butler. listen. you are a big wealthy guy. you are a very influential guy. almost everything go day this week, hillary clinton has come out with a new tax proposal that will certainly hurt your wallet. i do not think that it is the kind of pro- growth that will help. >> exactly.

hillary clinton is still the most experienced person running from the presidency. >> she was secretary of state for three years. she really understands what the challenges are in this country. >> what are democratic voters missing debris samples? whether you like it or not, bernie sanders is on the move. >> politics.com showing that hillary clinton is ahead in iowa. one poll shows she is ahead by two points. charles: bernie sanders is making a move. underscoring what is going on.

>> i think that there is a lot a emphasis on bernie sanders. they pay a lot of attention to that. i think hillary clinton has a better organization. i think she will do well in iowa and new hampshire higher. well ahead of the next primaries. she is ahead by double digits. >> a very big threat hanging over her head. there are 150 agents on it. massive investigations. threatening their candidacy. >> okay. look. we know. iowa upset in 2008 changed everything. with hillary clinton. >> will look at howard dean. he won in iowa. not as indicative of who one and two will win the presidency.

>> did she expect to be this hard? >> i do not think so. she knows that it was tough. she is the one that will fulfill the obama legacy more than anything else. charles: thanks a lot. really appreciate it. our company is liable. kill people. the judges next. ♪ at ally bank no branches equals great rates. it's a fact. kind of like reunions equal blatant lying. the company is actually doing really well on, on social media. oh that's interesting. i - i started social media. oh! it was my...baby. whei just put in the namey, of my parents and my grandparents. and as soon as i did that, literally it was like you're getting 7, 9, 10, 15 leaves that are just popping up all over the place. yeah, it was amazing.

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see car insurance in a whole new light. liberty mutual insurance. charles: a man killed at a training center is doing twitter. accusing the company to make it easier for isis to spread the message. >> this is the type of frivolous lawsuit which will cause the lawyers and the legal fees of the twitter lawyers to that defendant. the words used on twitter twitter are so far removed from the violence that caused her husband. i do not need to diminish. and innocent person. she is picking the wrong target.

it is devoted to the first amendment. this type of lawsuit should not affect the investments. they should not even worry about it. twitter's lawyers will say remove this or we will ask for a frivolous plea. you give the person who filed the preview with document and opportunity to with draw before you ask for fees. >> remember, the statute on terrorism, the statutes on providing material assistance, all have this exception. any sort of responsibility to keep people safe. someone posts on twitter, i want to kill xyz tomorrow at 10:00 a.m. do they have that responsibility for warning xyz? >> i think a have a moral

obligation. absolutely. these are not the types of things she is complaining about. she is complaining about language. a lot less precise than that. that would put twitter in the business. they start censoring. charles: no doubt about it. people would like to see the social media sites. keeping the public safe. >> remember, they can do what they want. the first amendment regulates the government. if they do, somebody else will pop up with their own site. we are free. we really want to express an opinion. come here. charles: oil remains a market story of 2016. after the break, we have a guess that it will actually go lower.

fox business republican debate starts at 6:00 p.m. our main event 9:00 p.m. eastern. hosted by neil cavuto and maria poche aroma and turned -- maria bartiromo. ♪

♪

. charles: a bump in oil today helping out big oil stocks. take a look at exxon, mobile,

chevron, all leading up big, big, and they still have fat dividends too. they're having a pretty good session as well. take a look there. and i want to stay on oil, andy watches the oil sector, and you've been pretty bearish, spot on with oil, and you still think it goes much lower. >> yeah. i think we have another bearish weekend ahead of us. the international atomic agency is about to say that iran has complied with verified their action with regard to the nuclear accord a couple of months ago and over the weekend i suspect sanctions to be eased and iranian oil return to the market. charles: but this won't be news per se. could we see the old wall street axiom buy the news? >> it's certainly a possibility because the market is hearing iran is going to increase sales by 500,000 barrels a day up to a million barrels a day. we could be surprised if iran

actually limits the amount of oil that returns to the market because first they'll go and get their $100 billion out of the banks. charles: you know, here's the thing, andy, and it's a wild card factor in all of this has been saudi arabia. what do you make of their strategy? they turned on their spigots last year, crude cracked under 100 and then more recently they thought they would make adjustments. they turned their spigots even wider. what's the deal? how long can they keep going with this strategy? >> well, the saudis can keep doing it for another four or five years because they have the cash on hand. but what this strategy has really done is taken out the high cost producer. so investments in the arctic or canadian oil sands or the north sea of offshore brazil, those have disappeared and while shell has been really hit, we see it in the declining rig counts. what's going to happen is shell will be the first to come back over the next couple years. i call that the mid-cost producer rather than the high cost producer. charles: let's talk about the demand side for a little bit.

yesterday when those gasoline inventory numbers were out yesterday, in my mind that's what cracked this market. it just -- it's kind of eerie that gasoline can be this cheap and no takers. no one either needs it or wants to buy it. why is gasoline building up so much? and what does it say about the american economy? >> well, the inventory is on both gasoline were were actually horrible. and what we're seeing is the refiners are cracking out the gasoline at the same time we're getting imports and january, which is a seasonal low demand, is impacting the inventories, and we saw this big build. charles: what's your bottom? what's your worst-case scenario right now, for oil, andy? >> well, i think we could drop to 25 to $27 a barrel. but as you say, charles, if we get a surprise and the iranian oil hits the market, then i feel oil is putting a bottom in. charles: andy, you're one of the best. we appreciate it. thanks a lot.

>> thank you. charles: now, today the big gop debate in charleston, south carolina tonight. right here on fbn and jeff flock is at a cafe in illinois. that's always the best way to go to talk to people about politics. >> we love to come out and get the real feel, this is the legendary place, the cafe, and we've been walking up to people and get a sense of what they're thinking. lou tells me two weeks ago you thought hillary clinton was the next president. today you think who? >> donald trump. >> why is that? >> because he's getting more attention than other people, he seems to be strong in his opinions, i think people want somebody that's decisive and the polls, which i don't always -- put a lot of credence in also seem to be favoring him. >> let's get another viewpoint, you heard the president's state of the union, you heard donald trump, what's your take? >> well, my take is although he's saying a lot of the right

things, speaking of mr. trump, i think it's just too loud of rhetoric, i think mickey haley hit it right on the head that, you know, it needs to be a more calmer person running the country. >> not the angry voice. >> not the angry voice, and i just think that a lot of foreign leaders would not gel well with trump. >> jordan, you have the deciding on vote here. sorry so interrupt your breakfast, by the way. >> no problem. no, i think future president trump is going to kill it tonight. >> you do? >> absolutely. >> i've got to get one more vote in there because marla told me -- what is your -- when i mentioned donald trump, what did you say? >> i want anyone but donald trump to be president. >> okay. well, marla owns the joint so, you know, that may cast a little weight. what can i tell you? charles. . charles: all right, marla, the capitalist going against the richest guy in the race. interesting. we'll see you real soon.

we love when you do those pieces. we want to stay on politics and our next guest used to support ben carson but now he supports ted cruz for 2016. republican strategist joins us now. sam, first of all, what happened? a mass defection just recently a lot of folks like you leaving dr. ben carson for ted cruz. you knew who these guys were coming into it, so what's changed? >> well, it's -- first of all, i want to say that we all admire dr. carson very, very much. he's a brilliant man, he has accomplished a lot in his life but let's face it. he's not going to be the nominee for the republican party in 2016. and his campaign is going the wrong way, and i think the handwriting is on the wall. so we all looked around to see who would be the one conservative candidate that we could unite behind that has a good shot at winning the nomination and winning in november, and we decided that person is senator ted cruz. charles: now, a lot has been made of here in the last

couple of days donald trump going after ted cruz. really heavy particularly with respect to the birth issue. apparently at ben carson's camp before when all the changes were made, there were a lot of people trying to push ben carson to go on the offensive, be a little bit more offensive minded, but you think that's the tactic now that ted cruz is going to use and employ beginning with tonight's debate? >> senator cruz has a lot of great ideas, and if he presents those ideas in a positive way, i think that voters will gravitate toward him. i don't know what the strategy is. i'm not officially part of the campaign at all, but i think he's been doing a good job getting his message across, he's building momentum and if he just continues to do that, the trajectory is straight up . charles: and when it's all said and done in november no matter who the candidate is, do you find -- do you say that you will support them and, in fact, will you provide them the same sort of enthusiasm

that you guys are now putting behind ted cruz? >> you know, obviously there are some candidates that i would prefer over other candidates -- charles: who don't you want -- >> but the republican party - charles: who don't you like? who don't you think is representative of the gop brand? >> i don't think that jeb bush would be a very good candidate for us in the general electio. charles: right. >> some of the others i think would be fine. and, you know, if donald trump is the nominee of our party, of course we'll support him because he's going to be better than anyone the democrats put up. charles: you wouldn't be too enthusiastic with that, though? >> no. i would be much more enthusiastic if ted cruz were the nominee for sure. charles: all right. and you -- you know, when this started, a lot of people said that ted cruz, he didn't play well with the general public outside that perhaps the south, the bible belt, places like iowa, you think his message now could resonate in the general election with

people all across this country? >> i heard ted cruz at a rally here in new hampshire on tuesday, and i have to tell you. i worked for ronald reagan in '76, '80, and '84 and ted cruz to me sounds very much like ronald reagan. he has a positive, common sense message that i think the american people will buy into, and i think he is clearly our best shot at winning the presidency in november. charles: sam, thank you very much. really appreciate it. >> thank you. charles: up next, the secret soldiers of benghazi. they defended our diplomats in libya, risked their lives for freedom, there's a modify coming out about it, question how do they feel about hillary clinton? >> let's go. we've got to move. >> we have no jurisdiction in that country. we're not even supposed to be here. >> losing initiative. >> stand down. >> we getting rescued soon? >> we're all going to die. >> what difference at this point does it make? i don't want to live with

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and there are no complex regimens. tell your doctor if you have other liver or kidney problems, hiv, or other medical conditions. and about all the medicines you take including herbal supplements. taking amiodarone with harvoni may cause a serious slowing of your heart rate. common side effects of harvoni may include tiredness, headache and weakness. i am ready to put hep c behind me. i am ready to be cured. are you ready? ask your hep c specialist if harvoni is right for you. >> i'm nicole petallides with your fox business brief. right now the dow jones industrial average up 154 points after yesterday's selloff where the dow dropped more than 360. the gain right now is up .8%. the s&p 500 up 14 points, the nasdaq up 21 points. we are seeing stocks move in lockstep with oil. the commodity. so as we see oil regain and the moment, energy is moving higher and so are quits.

dow leaders include energy names including exxon and chevron. those are leading the way. pfizer, johnson & johnson and pharmaceutical area also are among the leaders. on the downside, u.s. hotel operators shares have fallen after partners downgraded to sector, and we're seeing hyatt hotels down under $2. and intel reporting after the bell today, keep a keen eye on that. start your day fbn every day i'll see you there with lauren simonetti.

. charles: quick stock alert here. tesla reporting to california authorities as driving -- joint testing here, they've had zero safety issues of their self-driving cars. that's a big deal. >> that is a big deal, seven automakers in california using public to test out these self-driving cars, google, nissan, mercedes, tesla, only tesla reported what they call zero disengagement incidents, that's language for meaning no human was needed to jump in and take over the car. google, by the way, has been testing on 425,000 miles worth of testing. they had 341 significant what they call disengagements. in other words, humans had to jump in, and they said 13 of those would have resulted in a crash. so i don't have the numbers for tesla on how many miles they've been tested but

certainly they've reported zero of these human interventions, which is impressive. by the way, it's a law in california to use public roads if you have any incidents, they have to be reported to the department of motor vehicles. that favorite place of all of ours, the dmv. charles: even with cars with no drivers. >> exactly. charles: the secret soldiers of benghazi opens this friday and my next guest -- or actually three of the heroes who fought that night of terror in benghazi, libya that left four americans dead. welcome, chris. i think -- hold on one second. this prompt has it all mixed up. john. sorry about that, guys. first of all, we've got -- i just have to say thank you. first of all, i think our audience would want me to say thank you. this movie means a lot to a lot of people. so if you can, walk us through, again, that night -- without giving away the movie

for those who haven't read the accounts, and why it's so significant. >> it happened on 9/11. we got the radio call between 9:30 and 9:40 that night that the state had been overrun. we got going in first, another 15 minutes is when the chief of base toll me to stand down. another ten minutes goes by, we got told to wait again and, you know, that's about the time the state guys came over the radio and said, hey, if you guys don't get here, we're all going to die. and it was an easy order to buck at that point. we didn't hesitate, we took off, went over there, took about 20 minutes or so to fight our way onto the compound. we found sean smith's body pretty quick, jack helped pull him out of the window and we kept searching for the ambassador at that point we didn't even know if he was in the building. we didn't know what was going

on really and, you know, we just couldn't locate them and we were there for about two hours. we got an assault and we had to make a decision to leave because like i said we didn't even know if he was still in the building. charles: right? >> get back to our compound and we go through three more firefights and the last one ended up being with mortars, which killed ron and bub and injured dave and we eventually got out of there around 10:30 the next morning, which is that's how we came up 13 hour. charles: and of course this is a minute by minute account mark. can you tell me about the shadow warriors project? >> yeah. you know, after being injured and coming back and dealing with some of the issues that you have to deal with through the workers' comp insurance and how there's really no support what we found out there's no support for the families of contractors either. and -- so me and my wife decided that we still wanted

to serve the guys that were out there working in the shadows, working behind the scenes. serving our country. and we started shadow warriors project, and we're here to, you know, help support those guys next time we have somebody in our field that's going to be injured or killed . charles: wow. we appreciate that as well. and, chris, i want to ask you because there is a certain amount of controversy about the film. you knew that there would be no matter what because of the political angles taken. >> sure. charles: what do you and chris and all the other guys can add your comments. but hillary clinton i hear her name is not mentioned at all in the movie. >> no. charles: she's a central figure, though, for many people with respect to what happened in benghazi. and what didn't happen. what are your personal feelings? >> you know, personally i am over the politics. i was angry when i first came back and to me, i was being selfish because what i was doing is i was putting my feelings in the way of what

should be told and that was the extraordinary encourage shown that night and the ability to overcome any adversity and any obstacle and showing your face and brothers and face in god. and it did take me a while to get over, and i also found it's more important to get the truth out. and then the politics of it don't matter. people see the truth, and then they can make a well informed decision of really what took place that night and if there's any blame put out there, people can make their own decisions. i'm over the politics of it. and at this point, you know, all i want to do is make sure that people are inspired by what took place that night. and take the negative connotation that has been a so he should with benghazi because of the politics and turn it into something positive. hillary has gotten enough free press the last few years, and she shouldn't anymore. charles: stay there, i want to in connection with back to you guys and ask you another question. but i also want to remind the audience that tonight you can't forget we have that big

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fox business and facebook, we're already getting all kinds of interesting data about tonight's fox business gop debate. jo ling kent is there in charleston and, jo, tell us about some of this stuff because i saw you early, and it's really fascinating. >> charles, facebook has so many people on it. a billion people every single day. kind of like a realtime focus group. so let me show you what's resonating, what people are talking about on facebook right now. you see the religion is the top issue. this is actually a discussion of islam and america and immigrants particularly muslims after donal donald trump's comments. you can see more women are talking about this than men, 53% women followed by across all age groups here. now, dominating that conversation sometimes is donald trump who is number one ranked on facebook in terms of people talking about him. 19million people. so compare that to ted cruz who's number two right now. you see it's only 4 million people talking about him over the last month.

18 some million times. so, charles, very interesting to see as we set the stage for the debate tonight. charles: thank you very much, jo ling kent. we're back with the real life of benghazi heroes. chris, mark, and john. the president says, guys, in the state of the union address this week that isis isn't a national threat. but, you know, i've got to tell you. it seems almost every day we're seeing attacks carried out, one just this morning. what do you guys -- what do you guys think about this? i'll start with you, chris, i know you don't want to get political but by the same to. this is the number one topic in america right now. >> this -- it's a serious threat. and all of us have had a lot of experience overseas fighting terrorism. 19 years. so isis is a threat. and it's not political. that's just the truth. and they're showing by the way they're attacking, so i think we need to take a bigger stance and more protection needs to be made. charles: mark?

>> tomato, tomato, it is what it is. terrorism is terrorism, i mean you've got to deal with it, you've got to face the fact that it's there, it's a threat, because if you don't identify the threat first, you can't choose the right course of action to address it. charles: yeah. >> and it needs to be addressed. charles: i'm sorry, chris. john, do you think, by the way, we're not fighting them as hard as we should that we're enboldenning these guys? >> well, yeah, all i know is -- the iron first that's all they know. that's all they understand. . charles: right. >> if you don't punch them where it hurts, they -- you know, they ain't going to respect you. >> the art of war. fight them in their homeland. charles: john, mark, chris, you guys are heroes, we can't wait to watch the movie. thanks for spending time with us. >> thank you. >> thanks a lot. >> thanks for having us. charles: more varney after this

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>> well, for me, you know, i had people asking me why didn't i step down? why didn't i retire? why didn't i go and quit and leave? but if i had quit, if i had done what they asked me and wanted me to do, i would have had no voice and, you know, god placed me there for this specific time and this specific reason, and i feel that i have a duty more so to god than anybody to be -- that was kentucky clerk kim davis, she made the news when she refused to give marriage licenses to gay couples. we've been talking about markets and oil. >> nice big gain, up for the first day in a row for three weeks, but can we hang onto it? we've seen a lot of selloffs in the midday session. charles: and also amazon their prime markets through 32% in december so we got that leadership back in technology. maybe this --

>> they towed the boat all through 2015, can they do it again this year? . charles: there you go. and you know who tows the boat this time? connell mcshane. he's in for neil cavuto. >> i don't know what that means but i'm happy to do it. i'm happy to be here as well. neil of course is i'm told busy today getting sent to the event tonight on the fox business network. the debate -- there he is there, getting the session ready. works very quickly, neil. so he and maria working hard to get their stage ready, and they'll be ready for tonight's big did not did it. boy, we have no shortage. over the next two hours, we have great guests, wonderful topics, obviously talk about the debate and we'll talk ashley and charles about the markets. up 200 points on the dow and that's your backdrop heading into tonight. now, i know there are a lot of other topics and we'll get into that too. trump and cruz and we start in charleston, south carolina for the debate because the story of the economy, the weak economy, china