and they're not foul -- falling for the fact that that she's trying to grab hold of his coat tails. ashley: herman cain says black voters aren't falling for hillary clinton's attempt to one their vote. by the way, the dow up 102 points. neil cavuto is here, take it away, my scottish friend. neil: oh, all right. i can't wait until you come home. thank you very much. we are awaiting a white house briefing on this supreme court decision to take up the president's immigration measures that you might recall at the time he was trying to stall deportations for millions of illegals here. what he wants to see the supreme court do. i have a pretty good idea, but what the court is weighing is whether the president has the power, the executive authority to do what he's doing; that is, to stall deportations and to allow the children of illegals who have made it here to stay here. but i oversimplify. what do you want to see out of the supremes?

>> i want the supreme court to uphold what the u.s. district court in texas said, what the first -- fifth district t circuit court in new orleans had said. they went even further and said what the president has done is unlawful. and uphold even what obama had said 20-plus times himself, that he didn't have this authority. he would be a king or a ruler if he would circumvent the congress, the law-making body. so i believe that he's going to, he's going to end up getting not the answer that he wants, but they're going to rightfully keep in check the executive branch who thinks that he's more powerful than what should be co-equal other branches of the government. neil: of course, it could always tip the other way, right? a couple of health care rulings have come and gone that did not go the consensus way. >> yes. neil: this could also be seen in the narrow prism of whether the president facing what the justices will hear at least from the president's lawyers is it's

a very resistant congress and whether on a humanitarian level his move was justified. what do you think? >> well, there's a pattern here, and it's the same here we're talking immigration. the president said he didn't have this authority, that he should work with congress. he's frustrated, so he does it by himself through executive order. he's done the same now with gun restrictions, and that's the pattern. and what's a clue here is that the supreme court added another question here that they're going to ask the president and his counsel is under the laws, has he faithfully executed the laws as the executive. and that's telling. in law enforcement we'd call that a clue that they're looking at, has a president superseded his authority here. neil: all right. if it doesn't go your way or the way you nt to see go, shiff,hat ll ts me for u? wi it an, sentlly,hat the whthe esidt waed

sta depting ty're re, ey'vbeenere ite whil >> rht. neili wod imine at's ing makyourob aot more difficult. >> it will, certainly. this case will be heard in april, a ruling expected in june, so there's really six, seven months left at that point to the president's term, and i know that any of the republican candidates for president have already said that they will immediately, on day one, reverse the president's executive action. what that means to me and all of us in america is that the rule of law has been undermined, and a message has been sent to the here border before his term is over, and you're home free. neil: we'll know, i think, by the fall at the very latest. >> yes. neil: thank you very much, sir. how this decision could impact the race, because at a minimum,

we're going to know before the november election, so it will certainly be an election year issue. what do you think? >> oh, sure, and it already is. republicans on the campaign trail have really focused on the issue of executive order, especially as it pertains to immigration. you're already hearing republican candidates today saying that they hope the supreme court, you know, rules in favor of the lower courts who challenged this position. and, remember, the obama administration asked for this case to be brought up because the lower courts were challenging it. and so you're also hearing democrats saying that they are confident that the supreme court will uphold the executive actions. and so that ruling in the summer of an election year is really key. neil: now, this president has had some amount of luck when it comes to the supreme court, and that's exasperated a lot of republicans who were shocked, for example, on health care decisions -- >> yeah. neil: -- on the gay marriage issue. it hasn't gone their way. so there's no guarantee to what the judge was raising, more to

the point what the sheriff was raising, that it would go their way. would that be interpreted then as a good thing for republicans because they could just say look what has happened under his watch, now in compliance of supreme court? you know how that goes. >> sure. you can almost envision how this is going to go either way. so if the supreme court doesn't green light these actions, you could see republicans saying, you know, look here, we were right all along. neil: right. >> and if it doesn't go their way, the republicans' way, you can imagine a scenario in which they say, well, this is yet another reason -- as they say -- that the supreme court has become, as republicans say, a political entity. and you're already hearing republicans on the campaign trail talk about repealing these actions on day one of their presidencies. so from a messaging perspective, i think republicans will take advantage of this either way. and democrats, you know,

especially if it does go their way, will say, look, we were right all along. these are, we have the legal standing to continue this, continue this order and that, you know, undocumented immigrants who will benefit from are this order won't be left in legal limbo. neil: all right, caitlin, always good chatting with you. >> you too. thank you. neil: caitlin huey-burns. we've got oil slip sliding away, don't we? we were showing you yesterday contracts abroad, our oil market following europe, levels we've not seen in 13 years. jeff flock at the cme looking at how low can we go. jeff? >> reporter: i am not as negative and some of these traders not as negative as you suggest there. i want to show you why. first of all, you put up the february contract, wti. right now i've got to strain my eyes to see it, but it's down about 29 cents if i look up on the board there below, you know, below $30. but that expires tomorrow.

so that's, essentially, the spot price for oil. if you look to the futures, put up the march, because that's trading about $1 and change to the premium to the february contract which means the bet is we're betting positive. that right now is trading at 30.25, it's down about 14 cents, but it's above $30. so i think that's a positive. the other positive, of course, is brent. today it was up as much as 3% mainly on the china news, and that's still trading pretty positively. so i think there's more positive out there than we've had in several days. and, of course, the other positive for the folks at the gas station, and i'm thankful today to be inside the warm cme and not out at some god forsaken gas station in the middle of indiana, we're down $1.88. no offense, i own a house in indiana, it's fine, but $1.88, down another penny today for the national average, so that's good. and it's warm in here, and

that's even better. neil: yeah. you were kind of whining a lot yesterday. you think it's easy with me being inside this perfectly temperature-controlled, you know, studio? >> reporter: works for me. neil: all right. >> reporter: works for you too, i know. neil: jeff, thanks, buddy can. jeff flock. you know, this is earnings season, and we'll be getting in the next couple of weeks a read from the prior quarter. it is expected to be a down quarter, would represent second such down quarter in a row. connell mcshane now breaking down some of the bank earnings that we're getting. >> hey, neil. not bad considering, i would say. it's kind of an interesting day, jeff alluded to the stimulus news out of china, the big picture story, but the bank earnings were okay. morgan stanley returning to a profit, good news, numbers better than expected, but it's hardly high flying. there's still problems in the bond market business, really got its act together by cutting costs which the market likes,

and the stock's up 34 credibility -- 34 cents. bank of america is about the same. consumer banking did well, trading business kind of hung in there. but like morgan stanley, it's been cutting costs. it's cut people, branches and investors like that even though the stock is down by 30 some cents today. and in terms of the big picture view of the stocks, that chart's only intraday, you get a sense from all of these companies -- and we just included goldman sachs as well -- that they are down. this is year to the date, and from their november highs it's even more from the markets. so with those types of numbers, any kind of welcome news is just that, it's welcome and good news. we'll see how goldman does when it reports tomorrow, but not bad. neil: thank you very much, connell mcshane. we do have a new poll out here, and i know a lot of times we focus on the republican race, but this is a real eye-opener on the democratic one. for all of those who thought hillary clinton was a shoo-in for the democratic nomination, i hasten to remind you what i said

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as long as you love me, it's alright

bend me shape me, any way you want me you've got the power, to turn on the light shape the best sleep of your life. sleep number beds with sleepiq technology adjust any way you want it. the bed that moves you. only at a sleep number store. neil: all right. if you are planning to go to chipotle grill on february 8th for lunch, just cancel that, because from 31-3 -- 11-3 p.m. they're saying it's going to be a one-time meeting that will close all chipotle restaurants throughout the united states and beyond as it tries to get to the bottom of these food safety procedures and gets everyone on the same page. the stock sliding an additional 3% today, but they hope after that meeting everything is up to speed, and so the food and hopefully the customers. in the meantime, news out of washington on the deficit expected to rise this year to

$544 billion, and it will worsen over the next ten years as a lot of baby boomers retire and start extracting what they need in benefit programs as well out of uncle sam. this is just the scenario that's scott mcnealy was worried about where all of a sudden we were celebrating deficits that were going down, and that was a short-lived affair. now maybe not. scott, good to have you back. >> great to be back. thanks, neil. neil: what do you make of the fact, i mean, we were celebrating these deficits that were only $4 billion -- as if that's much to trumpet -- and now they're going the other way? as a business guy, a guy that has to meet a bottom line at sun microsystems, it's just reminding folks that you've got to control your mentioner right? >> well, yeah -- your money, right? >> well, yeah. somehow we've got to start putting policies in place that actually deal with i think the most important number out there -- and it isn't what the market is doing in the short run

or what the gdp is doing or whatever, but it's the labor participation rate. and we've got a serious issue. i'm all about jobs, i'm all about people working, staying out of trouble, paying taxes, having money to -- and not other people's money, but money that you earned that you're spending to drive the economy. and the labor participation rate, the unemployment rate is, like, the most fictitious number in the history. if a public company ever issued a number like that, they'd all get thrown in jail for breaking some sec law. [laughter] but the government keeps talking about this low unemployment rate. but the labor participation rate is stunningly, i mean, it's at a 40-year low. neil: right, at 62%, the lowest it's been in the postwar cycle. and a lot of people say generally, not all the time, it telegraphs more sweeping problems. given the market volatility, given the fact that we had a recovery, say what you will, scott, that's long in the tooth,

maybe we're due this year for a comeuppance, what do you think? >> i don't think we ever had that recovery because i look at that -- it's a fantasy. some people made some money on the stock market or in the vc cold -- neil: venture capital. >> when you don't have an interest rate that reflects the true cost of capital longer term, you're getting huge misallocations of dollars. and when we have this quantitative easing or government taxing everybody without going through congress which is what the fed does when it prints money at a greater rate than the gdp, and as a policy measure what we're doing is we're ruining people's nest eggs, we're lowering their buying power. and now everybody's nervous about lower gas prices. i think that's huge. i mean, energy is built into everything. that should be a real positive for everybody. but all of these other things that are happening -- raising minimum wage, more regulations, more redistribution, more misallocation of capital -- all of this market uncertainty, are

we going to have a socialist in there, are we going to have a crony so and so that doesn't believe in the rule of law, are we going to have traditional republican candidates who are all for big government, or are we going to have some really strange answers in there? i mean, there's so much -- neil: well, who would you nut the strange -- put in the strange answer front? last time i had you hear, you had concerns about donald trump. you didn't commit to any candidate. have you since committed to a candidate? >> i have said that the worst ceo is a thousand times better than the best politician. and there are a couple of ceos. the only candidate i've actually given money to so far was carly fiorina, and i think she's really understands the private sector, and she's not in it for personal gain, financial gain. i look back and it's always interesting to see which candidates actually got rich because of they were president as opposed to those who didn't leverage that. and i just want somebody who's

in it for the country and is going to drive personal responsibility, fairness, rule of law, federalism, forbearance, all of those great traits that we've had this some past administrations. neil: well, let me ask you about donald trump because he is the front runner for the time being, and we had a big debate last week on fox business, and he was pounding themes that surprised a lot of folks. in fact, his defense of new yorkers that many say represented a seminal moment in his campaign, a thoughtful moment, and that he is campaign of being very, very presidential. do you buy that? >> i think he's a very smart man, there's no question he's intelligent, there's no question he is, has what i call managerial courage. there's no question he's learned a lot having been in the private sector for as long as he has. i think some of his policy issues, you know, if he gets elected, i'm sure hopeful that he actually sits down and thinks

through protectionism and other things like that -- neil: so you think things like trade tariffs even though he talked about at first a 45% tariff on chinese goods but then walked that back a little bit, he has argued a central premise that the chinese need us a lot more than we need them and that our posture's been through democratic and republican administrations aligning one that we're -- alike one that we're on defense all the time. do you agree with that? >> i think we have a lot of people who don't understand how trade works, how business rk so i would imagine that donald will actually bring a whole new level of sophistication, a little bit of randomness. you know, the boston cab driver tends to get through traffic by being a little scary at times. [laughter] that may be some of his negotiating strategies. neil: i like that. that's a the first time i've heard donald trump maybe compared to a boston cab driver. that's not too bad.

scott mcnealy, thank you. >> thank you, sir. neil: i like that line. maybe i think i'm going to use that. all right, we're awaiting a white house briefing on what the president thinks of the supreme court taking up this immigration appeal of his. as you know, two lower courts had already slapped down the president's plans to freeze deportations for millions of illegals here. the president took his case all the way to the supreme court. they are going to take it up. they're going to look at it in the spring, effectively ruled by the fall, and what is happening in the fall? oh, that's right, a presidential election. much more after this.

neil: all right. man, oh, man, just take a look at this. we have the third year in a row we're looking at oil supply beating demand by about a million barrels a day. news of that gets out and, boom, oil prices continue their tumble, an additional percent decline today following what's going on with brent north sea crude, very popular in europe as

the energy vehicle of choice. and no surprise, you have the dow well off its highs as a result. sort of tick by tick following oil. remember the days when oil went down, stocks went up? those days are gone for the time being at least. all right, we've got robin mills, our energy head of consulting joining us out of dubai. robin, how bad does this get? what are you hearing? >> well, i mean, we've obviously seen oil prices fall sharply because of the return of iran which it's expected now that sanctions have been lifted, and that driven prices down. the market should have been expecting this. it's kind of funny that oil prices have fallen even further. this is pretty well telegraphed that this end of sanctions was coming. but during the rest of in this year, we are going to see a lot of iranian oil coming back on the market and, of course, that's going to keep prices down. neil: all right. i guess how far down. i've heard one brokerage house

say $20 isn't the question. it could go even lower than that. >> yeah. i think for a time, you know, it's possible for a short time we might test the $20 level. but, i mean, it's difficult for price toss stay that allow -- prices to stay that low for a long time because we're absolutely at a point where producers are really hurting. we're hearing of some oil in north dakota where people have to pay the pipeline to take it which is, you know, negative prices. i mean, that's, of course, absolutely crazy. but at these low prices, yes, very hard for any producers to make money. a lot of people are losing money on every barrel they pump. they're having to shut production. we have seen u.s. production declining for several months now. that will bring the market back into balance towards the end of this year, but it still will be a long process. neil: robin mills in dubai, thank you very much. i appreciate it. as robin touched on here, if oil is reflective of a slowing economy, then that can't be good for the markets, right?

what be we're way overreacting here? remember when i was talking to ben stein yesterday on fox news, he was telling me we are, that the market isn't always a great barometer. but what if this time it is? after this. ♪ ♪ this just got interesting. why pause to take a pill? or stop to find a bathroom? cialis for daily use is approved to treat both erectile dysfunction and the urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex do not take cialis if you take nitrates for chest pain, or adempas for pulmonary hypertension, as it may cause an unsafe drop in blood pressure.

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neil: you like it when you see it at the pump. delta airlines saving $5.1 billion on fuel prices alone. naturally, they raise ticket prices to make up for that. you can't do that. but they did. they did. it does not make sense. $5.1 billion. i do not know. you can and you do and they did. meanwhile, we have this battle going on with the market. staggering based on what is going on with oil. obviously, they have not found their footing. do not focus so much on markets. there are a lot of folks who say a fair market may be a recession. we have problems.

scott martin martens says they are very much overblown. the half full version of this glass. >> we are seeing what the market has done to us in the last several years. having these overreactions to negative data. the investor has ran for the sideline. don the asked questions, shoe first asked questions later. what i will tell you, though, there are some underlining that are concerning. this is a overt corrective phase with me. >> debbie downer. >> scott seems to put it in the camp of, well, this is business as usual.

the worst ever in the market in january. we have oil out below $30 a gallon. we have people not making any money. we have people that cannot find jobs. we have home ownership actually dropping, neil. a good part of the money underwater. >> what happened to you, by the way? you are a different guy. [laughter] >> no other evidence. how can you have an economy that is solid? walmart to macy's. >> not really just of the economy anymore. everything is done online.

make in the economy stronger. i like what he is doing. now, i think you switch over to someone else. here is the thing. how about this. here is the thing. just if you look back last year. some of the best we have had in 20 years. the statistics are there to do that. i would not freak out. >> you are freaking out. >> when someone runs out of ammo, you notice how they make it personal. i think that we are heading for a recession.

whether it is retail. whether you are in the service industry. maybe this is business as usual. this is business that is unusual. >> stop freaking out. i want to thank you both very much. the way i roll. ted cruz is delighting in the supreme court. he is speaking right now. where is he? he will have the primary. for the time being, the supreme court will take up what he considers to be a presidential over reese. he welcomes that. this is the same guy.

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neil: okay. now they are going to lawyers. connell: the pressure is building. rick schneider. the protesters have been out. to your point a couple times yesterday. president obama in the state of emergency declared over the weekend. the government's apartment. they have a ton of people. four people in this protest. the issue came up at the democratic residential debate.

rick schneider has a lot of pressure building. they want them to resign. to that effect. there are other issues. detroit schools it seems to be topping all of that. it was the spring of 2014. there is a lot of work to do. fixing the pipes and everything else. national guard is working on it. neil: connell mcshane. my buddy, jonathan hoehn added, as i predicted it would, budget cuts a bad name. by the way, jonathan, they are seizing on it. that is what happens when you cut budgets.

>> it leads to poisoning kids. the truth is that has nothing to do with austerity. call it a natural disaster. nothing to do with nature. it is detroit and it is certainly flint, michigan. every element to this debacle has been dominated by bureaucrats and government regulators. that is why we are seeing these horrific images out of flint this week. neil: the democratic debate. i am sure it will come up in future debates. republicans have been charged. i literally can see this. >> sure, neil. they have to talk about free market in health care toning down in title meant programs leading to, you know, granny

being pushed off the cliff. that is the emotional type of argument that many on the left make. any sibilance of freedom. the problem is, you know, not necessarily, you know, budget cuts are harmful. look at the real mail seasons in this case. hiding the truth about that you said that what this water switch was having. it is a result of government regulators. what is the public supposed to do? it is not like they have any competition. honestly, neil, this would be a great opportunity. certainly, detroit in the state of michigan. all over this country. this would not be happening as it is under flint. horrific. neil: what i worry about, though, to your point, it will

put, you can just see it on education programs. cuts where there may be legitimate access. every politician is seeing that. >> right. that is it. making the case. we need to have more government spending. more government control or you have disasters like this. just take the example of demand. we subsidize education and that is a disaster. the same thing when it comes to water. nina's apologies under crisis. people tend to use more of it. government is at the center of this. regulation is at the center of this. bureaucrats are at the center of this. essentially, municipalities living within their means. neil: that is a very persuasive

debate. taking framing issues of anti-cost-cutting periods. janice dean is with us. it is just as a meteorologist, she is able. she is now bringing a storm upon us. we have not seen it in a year. [laughter] >> let's talk about the cold. it feels chilly. it feels like 2 degrees in minneapolis. the temperature is going to rise a little bit over the next couple of days. we call that moderating in the temperature department.

we will watch the potential for a couple of storms. a quick mover. three-6 inches tops. this is a what we will watch friday into saturday. i have travel plans, janice dean. what should i do? should i cancel my trip. we still have to refine the forecast here, neil cavuto. this has the potential to be a big storm. dumping several inches of snow across portions of the northeast corridor were. the bottom line is we have to watch and see. stay tuned they say. this could be a very big nor'easter. the timeline here, the exact snowfall amounts, still yet to be determined. what i can tell you is this could bring significant impact this weekend all along the northeast corridor were. west of d.c.

up towards new england. the local weather forecast. i told you my sons were asking you, one of them even e-mailed you. >> i would never ignore a cavuto name. adverb. >> it was janice dean. the real machine.com. whether or not you could make this happen friday morning to get out of school. you say -- >> i say i do not think i could make that happen. i am just honest. a fair and balanced weather reporter. neil: if you are a meteorologist, does that mean you studied meteoroids? >> hartley. that is not a bad question. >> excellent question.

keep them coming, neil cavuto. >> the purple -- >> this is the snowfall now. talking about cold temperatures. >> that is not true. i distinctly remember purple being worn before. >> can we go back to the videotape? i literally made that up. >> thank you for at least saying i made that up. >> i have not made this up. stay tuned. >> janice dean. she is good at this stuff. in the meantime, you have heard what, i outlined. the white house now is discussing this. expected to sign a czar. i think we have more then the

russians had an neil days. the only one i thought made sense -- they arrived. water czar? whatever. wow. just stop. stop. much more after this. ♪ marco rubio thinks it's unfair to criticize him for missing votes. "but i am going to miss votes, i'm running for president."

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i have doubt when people receive huge amounts of money from wall street. neil: .and forth and back and forth. hearing a lot of those. they are in --

[laughter] what is going on? >> before i get started, before i get started, we have breaking news. fox business exclusively confirm that vice president joe biden. later in the broadcast. >> two things. that is great. did you know that you were going to appear on air today? charlie: i am dressed. i am dressed. neil: and what? >> this is a place that you do in long island. anyway. we eat at a great restaurant across the street. neil: who is we? >> me and my producer charlie

gould. he is here. he is giving me dirty looks right now. i saw liz earlier. they wear leather pants last night. just so you know, we got an e-mail from mrs. gasparino. wants to know what the hell you are doing in davos. a lot of the bankers. >> listen. not much about his politics that i like. on this one issue, he is at least intellectually honest. they are fairly close to hillary clinton. they are friends with her. they dealt with her over the years.

dealt with her husband. this is a very clinton centric place. the euro bureaucrats. the bankers like jamie dimon and jpmorgan chase. james gorman from oregon stanley. that ceo of goldman sachs. >> the one who said, you know, a wink and a nod. what hillary clinton is saying about wall street. >> that was john mack. >> they would all say the same thing. these bureaucrats and not only that, the bankers, establishment bankers that i hear from both parties are scared to death right now. they see an uprising. it is pretty apparent. republicans are scared to death

of donald trump. the democrats are scared to death that bernie sanders may_ hillary clinton's weakness with the democratic base. this is davos where it is called. you look at some of the themes of that even. it is not exactly american centric. americans are talking about those two big issues. this is an establishment place. they are scared about the two uprising. >> how are your accommodations? >> you are the one that complained about the south carolina stuff, not me. >> you did not have a sauna in your room. >> it was pretty horrific.

charlie: i did not mind it that much. neil: you are a liar. they both hated the gym. >> okay. i went running. you did not. >> i went walking. it is the same thing. i keep getting weird looks because of this shirt out here in davos. why? neil: you pop-up -- charlie: what do they have against american cuisine? neil: i do not know. thank you very much, my friend. good seeing you. all right. we talked about the supreme court wanting to take out the president's immigration plan. now, the white house is detailing exactly how delighted

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neil: waiting white house reaction. whether by executive fiat each in forcibly keeps those who are here legally here. outright preventing the deportation of millions of illegals here. a number of courts have intervened. you cannot do that. two lower court rulings. taking the case all the way to the supreme court. it will take up that challenge happily. election-year issued. blake on all of that. >> this could end up being the biggest case brought before the

supreme court this year. bringing it back to 2014. the president had asked for that is negative order. blocking the deportation of five americans. coming out of the shadows of which they can work legally in the u.s. this can mainly benefit the parents of legal citizens in the u.s. essentially, the supreme court which will take up this case added another question. if violated the constitution. this is the question that they are putting forward. the laws be carefully executed. taking these kinds of changes or not. this is what the white house put out in a statement earlier today. we are pleased that the supreme court has decided to review the immigration case.

they are confident that the policies will be upheld as lawful. this will make the community safer. make it stronger. consistent with the president of both parties. we are waiting for josh earnest to speak about this. it is said to begin half-an-hour or so ago. set to get underway at some point. as you mentioned, this could become an election-year issue. back to you. neil: thank you very much. judge napolitano. you know, republicans got ahead of themselves. reminded of healthcare decisions. there are no guarantees. what do you think? >> the first rule that folks need to know is it only takes four members of the supreme

court to force the others. just because the court has agreed to hear it does not mean it wants to reverse what happened below. as blake just reported, the fact that the court is concerned with constitutional scholars talking about a take care clause the president shall take care to enforce the laws. supreme court has focused on the president choosing which laws to enforce and which laws not to enforce because he likes some and does not like others. they are focusing on map. that tells me josh earnest should not be rejoicing. they can enforce the one he likes and not enforce the ones he does not. that has never been upheld before. >> stemming out on humanitarian

grounds. >> i agree with those humanitarian grounds. the president knows. many times in public, he cannot rewrite laws the way he wants them. his job is to reinforce them the way congress has written them. neil: prompting this move down by the president. i do not know whether that is legal or not. >> a trial court judges almost unheard of. >> what does that mean? >> that means that the president may not disturb the injunction. the injunction stays in place while the supreme court is deciding the case.

>> four weeks at the end of june. something tells me we will all be in cleveland. >> all right. thank you very much. a woman -- whether the federal government was. governor jan brewer on the phone with us. anything can happen in the supreme court. it has not been unusual for the supreme court. you worry. >> good morning, neil. the government. president obama, clearly, has

pulled his step and power. we have three branches of government. how about enforcing our existing laws. instead a president who issues is negative order to carry out his policies. that is the way it was designed. >> all right. the legal argument notwithstanding. i get your thoughts. potentially, millions of kids. tens of thousands of them last summer. lies in the middle of this legal battle. humanitarian grounds for the court to consider that. >> they need to be made. congress has been adopted.

going back to that. we need to get our borders secured. taking care of what the responses on the federal level. we have a president that has absolutely no interest in securing our borders. the goal is amnesty. the goal is without any from congress. it carries on. neil: well, he did. that was kind of memorable. thank you very much for joining us. former governor of arizona. david, the argument is, the president has an uphill climb on

this one. what do you think? >> executive orders. he has by far had the least executive orders in the modern day among presidents. the courts will uphold the one that is being challenged. let me make a very, very strong point for the viewers. these actions do not probe glued or suggest that an action of congress. they can act to have perform on this issue, immigration or other issues. it is a faux issue that the gop wants to blame him for stepping over his boundaries, which they are not. neil: all right. i am sure you slightly agree with that. >> just a little bit, to say the

least. it is about the manner and scope in which the president is using them. president sees is negative orders for existing laws to either clarify or slightly stand on those laws. in this case, president obama is using the orders to make law. also, really unprecedented. he has not shown the leadership finesse. to show consensus to get these laws. he is bringing down the hammer on american people. it is ironic. in actuality, it is president obama who has reported more immigrants than any president previous to him. it is quite strange or ironic that he is using this to prevent deportation.

>> david, back to what you are saying about the president's executive order. you are right. what i think is the issue that a lot of constitutionalists argue with this president is their moves have been far more sweeping. i do not even know where the truth lies. the president is reigned in here. he will pull back on other use negative actions that he is taking. >> well, i do not think he will hold back in trying to address the challenges whether it is the death toll that we have in the united states and manner of how many people are dying a year here in the united states. >> executive action. the emancipation proclamation came out three weeks after abraham lincoln gave his state of the union address. that was an executive order.

neil: i know the president. i like the president. >> fine. fine. it is not the emancipation proclamation. >> i do not think whatever happens with this decision is the nature that is just me. what do you think? >> it probably will not. it is a shame for the american public. i think it is an advantage. their reason we have this system of checks and balances is to ensure that laws are made. when you make them without that, without taking that into account, you end up with things like empowering and market imbalances. the president wants to go back to iran sanctions.

>> doing nothing to address the issue. >> i wish we had more time. i do appreciate that. always good seeing you. thank you for stopping by. this decision, by springtime, we will have a ruling, just in time for the prospective parties. oil slides away. triple digits. why are we still so focused, not only on oil, but china. ♪ every day you read headlines about businesses

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connell: we are back with some breaking news on the water crisis we have been talking about important michigan. city and state officials. rick snyder. the governor has the state of the state address tonight. expecting to address what is a growing crisis. we are expecting the white house to announce a so-called czar. there has been a meeting today, neil. the mayor of flint and one of president obama's top advisers. you have lawsuits and the white house involved. >> so many czars, so little time. china kicking it off in the fourth quarter.

6.8%. the number would be a lot less. they added some stimulus to support the chinese currency. all i know is that, well, worthy of celebrating. keep in mind, this is the same country. good to have you. you do not believe a lot of this stuff. >> we are talking about a trillion dollar economy. a lot of room for disagreement. i have read reports from analysts that i really respect. their real number is closer to 4% or 2% geared we could take them at their word. the economy is slowing. all around.

manufacturers are experiencing this. let's just take them at their word for the sake of discussion. >> one of the people responding to china and using it as a campaign. dialing it back in the fox business debate. open to some sort. the argument was this. the chinese need us a lot more than we need them. we should not be tiptoeing around them. what do you make of that? we have always had the wrong defensive position with the chinese. >> i think that we are worried about the wrong things with china. right now, let's just get real. it is being led by a three headed monster. the way that monster does its

work is it unleashes 150,000 state owned businesses. 65 million people to go ahead and do the work. that is not in our best interest. it would be a free and open market. running into the economy through a open-market system. they are growing businesses. the reason why china is in the method is then is because the bureaucrats and economists have done very unnatural things to pump up the economy. >> who are we to judge? >> with all due respect, there is no comparison between the federal government of china and the united states. the united states that we have, entrepreneurs.

innovators. we are choking them and we're regulating them. we're driving them crazy. that is nothing like what goes on in china. they have invested $310 billion in infrastructure projects. there are hundreds of projects. forty-two of them have not yet begun. forty-two of them. that is because of the corruption of the state owned businesses. it is a terrible cycle. we want to help china's economy. it will not help i can happen under the current rule. >> i knew it was coming. thank you very, very much. >> thank you very much. we have been monitoring josh earnest. we do it so you do not have to.

the supreme court taking up the president's action. >> they could be overturned. >> well, yeah, they could be. that is what a supreme court decision is about. it is possible that they could overturn. more after this. ♪

>> he is a nasty guy. nobody likes them. nobody likes them once they get to know him. >> they all hate him. >> wait a minute. the same donald trump that was saying this. >> he is not controversial.

very, very popular. >> all right. seizing on comments. very complementary of ted cruz. what do you make? >> i think that senator cruz is absolutely right in the debate. the only thing that has changed since september when donald trump said he has this citizenship problem. we have a bromance going. senator cruz is beating donald trump in some of the polls. >> he was on this. the question is, what do voters think of that. a genuine change of heart. hearing about that change of heart. pro-choice. i saw some sonograms. i have to think of it.

i thought it was a liberal on taxes, but now i think you are taking too much. you change your mind for political gain. >> i can look at two different donald trump versions of the same guy. saying that he might like and admire him. he does have this sort of reputation. i am not saying that makes him an unlikable guy. >> the people that like and admire donald trump very much. i like donald trump, personally. you really have to look at his position on issues over time. totally pro-choice and now he is pro-life. i believe in single-payer healthcare.

we are headed that way. i think -- neil: -- >> yes, too early. they all went after trump. they probably went after two early. that guy you described me. the anti-washington outsider. they went to washington. do you want someone who is an outsider. asked by reporters. answered, yes. >> you know why. his son runs ethanol.

they followed the campaign. neil: a state. is he in trouble? >> no. he will do well in south carolina. senator cruz. none of them think this will be over anytime soon. let's be honest about who governor branstad's son is. and ethanol industry. holding a form right now as we speak here at cruz said, look, i am not for federal subsidies. when i come into a state, i do not change my mind based on your state. there are other ways to be good for farmers. neil: all right. thank you very, very much. >> it is amazing. >> it is a big company.

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connell: we're back with a business alert here on cavuto coast-to-coast. a couple in particular to watch very closely our netflix and ibm. you see the stocks moving to the upside. much different companies.

they do have some similarities overall. netflix will watch the subscribers. describing this in the fourth quarter. we will use that as a magic number. that is important. focusing on more programming. fuller house, the name of the show. bringing back the old full house cast. they are bringing bad in. fuller house is coming to netflix. ibm. ibm, i think it is more of a look at what they are saying about the global economy. these are the numbers. down 5%. another thing for netflix, it could be a big mover tomorrow. the last 10 quarters of netflix

stock. depending on how the numbers come in. >> you told me house of cards. >> that is right. love house of cards. >> full house of cards. >> john stamos. he is up on pop culture. now to donald trump and how he rolls. take a look at this. >> we will start getting them to build them in this country instead of other countries. neil: all right. attacking companies that manufacture their goods of broad. a fraction of the criticism that others do when they get overseas to do a lot of their stuff. chilling kent here to notify us

on that. i do not know whether this will stick or register. obviously going after china by doing this. going after what appears to be a democratic party. is it going to resonate? >> it will not work, is the thing, neil. regulating things like this. you cannot tell a privately traded company or a public trading company, for that matter, what to do. they are actually manufactured here in the united states in austin texas. if you look at the broader situation for supply, making those iphones a reality and into the hands of so many people that may support donald trump, it is necessary for producing all the little pieces. donald trump claims to be a pro deal, pro-business candidate. he is also saying he wants to

hit companies with a 35% tax. they are making things and importing them back into the country. it is a bod is speaking out on both sides of his mouth. a company with not standing. >> that is exactly why you do not want to dismiss this. it does not make sense. it would take years. that said, trump is not a long shot. to the point you just raise, this is a bipartisan issue. getting a lot of democrat votes. environmental regulations. a whole bunch are reasons why these phone should not be made in china. economic sense, political sense. i do not know why it passes.

you have congress behind you on both sides. you can export all regulations. they make their mining the congo with children. those are the stories with politics. i am not saying by his negative border have a tariff like obama would do with immigration. >> all starting to be very consistent on this. be consistent on the attacks. including the mainstream media. all those companies that do this sort of thing. >> they pick and choose the battles. >> look at all that technology the technology companies, including amazon and microsoft. it certainly is not the only company making very successful products overseas.

it does have the other storyline as well. the democrats as well. >> all of this goes away. >> there is a lot of reasons these moved. the company, number one country still in the united states. powering degree when a company does in america. moving abroad like other companies. it is definitely possible. a more expensive iphone down the road. >> that is a little scary right there. >> look at oil prices. this is the worst unmanned.

a million barrels a day. keeping prices up. they are not up. they are down. ♪ times greater risk of stroke they can pool together in the heart, forming a clot that can break free and travel upstream to the brain, where it can block blood flow and cause a stroke. but if you have afib that's not caused by a heart valve problem, pradaxa can help stop clots from forming. pradaxa was even proven superior to warfarin at reducing the risk of stroke, in a clinical trial without the need for regular blood tests. and, in the rare event of an emergency, pradaxa is the only oral blood thinner other than warfarin with a specific reversal treatment to help your body clot normally again. pradaxa is not for people who have had a heart valve replacement. don't stop taking pradaxa without talking to your doctor. stopping increases your risk of stroke or blood clots ask your doctor if you need to stop pradaxa before any planned medical or dental procedure. pradaxa can cause serious, and sometimes, fatal bleeding.

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sort of what they have been doing since the start of this year. although, i tell you, could this trend continue? we do not know. the price of oil is down again. dropping. that is the february contract you see they are. trading about $1 or so ahead of that. a little bit more positively. brent up today. the world oil market. that is your fox business brief. i am jeff flock from the cme. ♪

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>>see you tomorrow. ♪ >> it is trading below $11 a share for the first time. all right. twitter is down from its all-time high. once, anything but right now. we're sharing news out of washington. remember when they were celebrating. expected to be north. $40 million. we're looking at $310 billion in the next decade.

they say that that is the problem right there. good to have you. >> i think one of the biggest tragedies, we were successful in giving back the house of representatives in 2010. we have taken the senate. due to the two-party resolution. one of the biggest tragedy is the loss of the senator. annually coming out with an exposé on government waste. we waste $25 billion a year on programs. >> we will need a leader. we will need a president that comes in. i believe that president will come from the republican party. they need to be willing to be a bull in the china shop. challenging special interests. moving this ship of state.

>> we never shrink the size of government. my point is, who has the best chance of that republican line of doing it? >> what is needed is someone that can lead congress. they are not leading right now. that use aggie dance accident that will again shift in the direction that we're moving it. i agree. government did not shrink under ronald reagan. reagan set a tone that lasted for a couple of decades. winking rich came into power in 1995, he was able. able to actually shrink the size of government.

the budget was balanced. a laminated by 1998. >> do you expect that to change. let's say a republican is a lack did. >> it has. i keep going to titanic. this deficit is one problem. more than 21 trillion. the unfunded mandates. that is pervasive. it will impact everything. we need a germanic shift. not a president that will rearrange the chairs on the titanic, if you will, but will actually turn the direction.

>> there are others back could do it. they are clearly the ones that have demonstrated the ability to not be afraid. >> you have spent a lifetime doing that. >> thank you. speaking. stocks were falling. with oil sliding, once again, we will keep anionic. we have budgetary problems. what if we took a page from isis. they are having budget problems. after this.re ♪ i was getting all these leaves and i was going back generation after generation. you start to see documents and you see signatures of people that you've never met. i mean, you don't know these people, but you feel like you do. you get connected to them. i wish that i could get into a time machine and go back 100 years, 200 years and just meet these people. being on ancestry just made me feel

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neil: up about 40 points on the

dow. oil goes down. it is down again. oil off their highs. turning this thing around. so far it is not. i want to go to bob wells. so cut for isis. we are now seeing isis cutting the salaries of some of its members. >> we make the strategy for the airpower. making a difference. the iraqi forces, the special forces team that we need to replicate. we are in the important

recalculation of our strategy. neil: what happened to what they had? i am not saying all of their recruits were mercenaries. what do they do with it? >> as i understand it, they have the two senators of cash that was coming into the country. obviously, the cop that old of the islamic state in syria and that particular area they are, though oil money, also the equities that came from all the different art works that they were selling on the black market. other cash that was available from the governance. neil: what do you make.

it does drive a lot of this is here. i am not minimizing that. the one thing i do like about it is the resources of like advices and iran. a welcome development. what do you think? >> it is a double-edged sword. denying the assets. they are going to make it harder for them to capitalize and improve capabilities. it also makes it more difficult with the purchasing power with the islamic state without regard to saudi arabia. the value of the dollar paid and what some of the internal challenges are inside the kingdom. they will have to make a decision. trying to stabilize your own

price. it will be very much welcomed. get it back to the $40 range. >> one group is hurting. it has morphed into isis. they share costs. >> we have watched this for years. i am a veteran of iraqi freed him. during post- 9/11. the capabilities of al qaeda were going to be translated into different al qaeda associated networks. you have criminal networks. the united states, as well as our allies and partners, i think that mr. carter is on his way to paris as we speak. i talked to troops in kentucky. talked about the new special

forces. the bottom line is, we are going to have a renewed effort to try to get this strategy to be more effect if. it takes a network. there are a lot of different hotspots. >> you got it. thank you very much. part of the defense secretary. ashley webster. who's british accent is real. mine.oment after this. ♪ and why stop what you're doing to find a bathroom? cialis for daily use, is the only daily tablet approved to treat erectile dysfunction so you can be ready anytime the moment is right. plus cialis treats the frustrating urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain,

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neil: don't get me started on scotland. ashley: you will start doing a scottish accent. neil: come on. pretty good. ashley: better but still not good. neil: miley good friend ashley webster.

ashley: nothing fake. your scottish accent was not scottish for one. i said to you -- neil:

ashley: we left, move to los angeles from england. neil: why didn't you stay there? ashley: i wanted to see the sun. i haven't seen the sun for 28 years. i move to california and there's a fireball in the sky and i loved it. might first -- my first job i got at a clothing store.

and i set out, i am ash. neil: do you say that with your accent? ashley: first customer set i'm looking for a pair of my pants. pants and underwear means england so i took to the jockey shorts. looking for something with a slightly longer leg. neil: look at this, trish regan. now we know -- >> my favorite. president obama's immigration plan is heading for supreme court showdown. welcome to "the intelligence report". i and trish regan listed in court justices decide one of obama's most far reaching executive action, a plan that would grant work permits to 4 million illegal immigrants. the plan was unveiled in obama's high-profile speech where he told millions of illegal immigrants you can finally come