o notice is the comments hillary clinton made on the johnson merger in what she said about how she has a plan for the corporate tax conversion. i can pull it up if you want. she said it was outrageous and she was going to do an exit tax on companies that leave the u.s. >> moving to ireland. they'll do it for us. we'll see you tomorrow. over to you. >> seems like i never went away. the stock market follows the price of oil up and down and we have two to deal with the slowing economy. it's great to be back at good morning, everyone. start with politics. the evidence is mounting against hillary clinton in the e-mail scandal and she's slipping further in the poll says bernie sanders missed that. it is now a serious question. could she lose just like in 08? oil and stock still directly linked. looks like a big selloff earlier as oil tanks.

we are going to open flat today,we will close. the economy is clearly slowing. although the president do? he's fresh out of options and that is a very big worry. and then there's the super bowl. troy aikman is here. i guarantee he makes fun of me. "varney & company" is about to begin. ♪ ♪ stuart: i resent that. it is very good to be back. a lot has happened since i've been gone and the numbers do tell the story. we've got them throughout the program. right now we have fresh poll numbers on the republican side out of iowa.

>> has mr. trump at 31% in the late it's getting close. ted cruz coming in with 29%. here is the graphic marker review at 13%. basically unchanged from january. it does so that the paling endorsement for mr. trump and governor brand said of iowa attacking cruz didn't have a whole lot of impact according to this poll. stuart: let's get to hillary clinton. the evidence in the e-mail scandal is clearly not teen. videos suggest she shared information that should never be on an unclassified system. this coming up as a veteran diplomat named wendy sherman talking about hillary and her staff using blackberries to communicate official state department business. roll it. >> now we have blackberries and it has changed the way diplomacy is done. scenes appear on your blackberry that would never be an

unclassified system that you are out traveling, trying to negotiate on thing. stuart: it is right out there. judge napolitano is here. i've been away for a couple weeks. what is happening to make things look worse for hillary? >> you've been away for so long. i fought a revolution, lincoln got shot, all those things have been. welcome back to my dear friend. there are black areas and government initiated, government owned, government secure blackberries which mrs. clinton refuse to use. instead she had her staff by her black very in the same place for you and i might buy one and just set up connected to u.s..gov. she connected it to her husband server. stuart: wendy sherman on tape just thing she did precisely that. >> so when mrs. clinton received information, whether rep is about her appointment for yoga

or whether it was top secret, special access privileged information about black ops came on her unsecured black area, which could be hacked by anyone for her husband's unsecured server which could be hacked by anyone. that is the absolute criminal failure to safeguard state secrets. >> we can go backwards or forwards on the legality. you cannot deny why on earth did she do it. what a terrible lapse of judgment to use a private e-mail server. >> abu ghraib? for the political folks. i would suggest two reasons. she won to avoid the freedom of information act. she didn't want the press in the world to know she was doing. she wanted to rewrite history. for four years in office as secretary of state the way she wanted it to appear. now this is exploding politically as you pointed out that the polls that bernie sanders ahead of her

substantially in new hampshire and neck in neck in iowa and legally where her legal situation is grave or worse than grave. stuart: the premise is getting worse, looking worse for hillary legally. we will be back with you in just one second. earlier this morning we received that case shall a home price numbers. i have not seen them. ashley has. ashley: non-seasonally adjusted up 1%. that is where the estimate was your robe or year up five minute%. the estimate was 5.7. showing by an improvement although the home prices themselves accelerate the fastest in 15 months talking about the november time period. prices up 11%. another fox news poll for you for the first time in three years. more people think the economy is

getting worse and getting better. 39% say it is getting better. joining us now from new hampshire, governor john kasich. this seems like an opportunity for republicans. go for growth and prosperity. but that is not what i'm hearing from the campaign. >> you've been listening to me? stuart: not enough, governor. not enough. >> i don't think you are this name. it takes three things to grow when economy. one commonsense regulations lover taxes and a fiscal plan to get a balanced budget. last friday i received numbers in ohio since i've been governor and we grow private sector employment in ohio by 400,000 which is 400,000 families better off since i've been governor. we have just done that. we have had commonsense regulations, lower taxes and

fiscal discipline. it's been commented. i received the endorsement of "the boston globe," which is awesome from an iconic newspaper. today i received the endorsement of the concorde monitor in new hampshire and they are really recognizing that experience matters. the ability to navigate the challenges we have into balanced budgets, cut taxes, the commonsense regulate, these are the things we need to do. now the rest of the world have been its difficulties, it is imperative for the united states to follow that formula. stuart: do a comeback in new hampshire. there is a chris christie boomlet which appears to have faded. you have now come on strong. do you think it is because of your message of prosperity and growth? >> well, i think that is part of it, stuart. you can live on the negative side of the street where people promote how bad everything is.

i know what the challenges are with no wage increases and job insecurity. your kid brings a big dent in college and you can't get a job. i understand all of that. these are not hard to solve. they are easy to fix. only one thing gets in the way. people who do not put their shoulder to the wheel and realize they are americans before anything else. we can solve all kinds of problems. stuart: you've got to pull everybody together. move them in the same direction. that is the challenge of leadership. >> well, look, i was there with senator domenici when we negotiated the balanced budget at the end of the last century in the late 90s. we did in fact cut the capital gains tax. we balanced the budget for years in a row.

when i left we had a projected $5 trillion surplus and we paid down half a trillion of the publicly held debt. the same is true in ohio. we were almost 20% of our operating budget in the hole and now we are running $2 billion surplus that the job growth in wages growing faster than the national average with solid pensions and credit ratings. it requires you to pull people together. you don't want to polarize people. it doesn't mean you don't fight for your principles. of course you do. at the end of the day you have to bring other people in because if we don't price together, we are not going to solve these problems. it's not that complicated than i've done it all my life. the ability to assemble good teams. i've got great people around me and it seems to pay off. stuart: governor kasich, thank you for joining us. we will see again real soon. >> give my best to the judge. stuart: he's a libertarian, you know. >> i know. that is what it claims. we will see you soon. appreciate it.

stuart: this is tuesday morning, while open up the market about 60 points higher for the dow industrial average. this morning down about 100 because the oil was down. oil is up and stocks are looking up. the price of oil currently 30.77, a gain of 33 cents. following apple. earnings right after the closing bell this afternoon. who knows what they'll report. who knows what they're doing that iphone sales, but that will make a big difference when the number comes in about 4:00 as afternoon. the 10 year treasury yield is about 2% historically very low. look at gas. that's down about 12 cents since i went away. the national average regular. jpmorgan paying a huge fine. lauren simonetti has this story just in case you missed it.

>> it's been a while. jpmorgan chase has agreed to a settlement of $1.42 billion to settle the bankruptcy of lehman brothers. women had accused jpmorgan of trading liquidity just before it declared bankruptcy in september september 2008. assignment that markets into turmoil and helped trigger a global financial crisis. taken out of jpmorgan stock price, it is expected to open to the upside at last check. an intensive manhunt underway for three escaped inmates from a southern california prison. the escape described as a shawshank dial. it was elaborate daring and then repelling four stories. the escapees are feared to have ties to get this. it may street games into iran. investigators were at the. investigators were at the man may be armed. a good samaritan fix says for a dollar. that is to receive right there. the repairman said he restored

key to the woman's home at a very steep discount that he caught a deployment discount every thank you to her husband for his service. stuart: i like that. that is why set the name of the company in there. hillary clinton asked point link about her perceived lack of honesty. we will play you her response in a moment. what is back 11:30 eastern. andrea care to talk about hillary's honesty. the stars come out on "varney & company." ♪jake reese, “day to feel alive”♪ ♪jake reese, “day to feel alive”♪

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stuart: look at test lab you're disappointed fans at the model x cheap gas does not help. it's going to be flat. iowa and last night's democratic town hall, hillary clinton faced tough questions, one in particular about honesty. watch this.

>> if you are new to politics, if it's the first time you paid attention, you say my gosh, look at all of this. you have to say to yourself why are they throwing all of that? i must tell you why because i've been on the frontlines of change and progress since i was your age. stuart: it was a millennial -- she never answered the question. a fox news poll shows the top quality they are looking for is being honest and trustworthy. tamara holder is here. no question about that. what do you make of hillary clinton? >> she didn't say hope. stuart: she was asked a question about her questionable reputation for honesty. she didn't answer a flat out. it was a question from a millennial. i suspect she's losing the younger bow. >> she is.

the concern for her, the e-mail issue is the fact in her not only nationally, but educated women have a poll about that a long time ago or a few months ago. bernie sanders getting a millennial though. she has a problem. i was looking to some of the other polls and the other polls show that she is still seen as the better candidate who can run the country, who is, what is the word, more trustworthy to run your country overall republicans and overall democrats. train to georgia have a nasty feeling that this is 2008 although her again? instead of barack obama, she might boost to the socialist bernie sanders. there is an element of déjà vu all over again. >> she has gotten better on the campaign trail. she has had many years to cover

e-mails. stuart: i've got to ask you about bloomberg. if mike bloomberg runs, i say he takes votes away from hillary primarily as opposed to taking votes away from trout primarily. >> you locate votes away from everyone. he likes hillary more than trump. >> i say not necessarily true. donald trump's face as i made the superpac. the one person who can go toe to toe is michael bloomberg on my own money, let's go. stuart: so you welcome a bloomberg candidacy. >> i do. i'm getting sick of donald trump. stuart: your calculation is all wrong. he will take votes away from hillary, and not any republican candidate. >> olmert has a record of experience. he is liked. stuart: do you think mike bloomberg is liked? >> i think he is.

the sugar tags. stuart: it's not a bad thing. guess what sugar causes? sugar causes diabetes, obesity all things to send people to the hospital. all the things you don't want. you all health care. stuart: are you coming back at the 11:00 hour? it is a real pleasure. great to be back. planned parenthood cleared of any wrongdoing related to those undercover tapes that the activist who made the tapes are the ones facing charges. the judge is coming back in a moment. an encore performance. >> does this sound like a political hit job? >> absolutely this is a political hit job. 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

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stuart: a grand jury in houston investigating planned parenthood firm and undercover video. they're not on the cleared the organization. they indicted two of the anti-abortion activists anti-abortion activist who shot the footage. judge napolitano is back. but lots of the filmmakers break? >> is difficult to answer because it's a rare praise saying we indicted these two people because they said this

ms, but they haven't released a copy of the indictment. it appears to the press release that the prosecutor in this county has persuaded the grand jury in the county that they violated to laws. one is falsifying identification. the odyssey entered planned parenthood's premises under false pretenses. stuart: all investigative journalists -- >> many do i care the government does it all the time. the purpose is to loyal target into a false sense of security to see which are criminal intent is unrecorded. the courts approve the behavior. the other alleged violation is even more preposterous. the conversation between the filmmakers and the planned parenthood goes like this. all this money you get from the feds interested in making more money. are you interested in selling the body parts? we are to do sell body parts the guess would be interested in

selling body parts. i am playing of all the conversation of the journalists. journalists were indicted for playing the role because the grand jury according to the prosecutor considered that to be a criminal conspiracy to buy himself body parts. it was not a criminal conspiracy. it was an effort to smoke out planned parenthood. stuart: thank you per se not top of this. i wish we had more time. >> way am i seeing a video view in your trunks in australia. i can't wait to see that. >> minutes away from the opening bell. we don't know which way this thing is going to go. you've got to watch. back in a moment.

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>> the ability to navigate the challenges we have, to balance budgets, cut taxes, common sense regulate, train a work force. these are the things we need to do. with the rest of the world having its difficulties it is imperative the united states follow that formula. stuart: that was john kasich at the top of this hour going for growth and prosperity.

we start at 9:00 eastern each and every week day. "the opening bell" coming up in 10 or 15 seconds we are expecting a gain of 70 or 80 points this tuesday morning. the market starting right about 16,000. down about 500 points from where it was before i went away. we're 18 points, trading session has begun, we're 17 points, we're 22 points, 23 points not going very far. the backdrop to the market is the economy, sluggish at best. it seems to me the government has run out of tools to fix it. let's bring in ashley webster, liz macdonald, todd horowitz and mike murphy. talk to you first, my statement was the economy slowing, we are out of tools to fix it. >> welcome back. can't wait for the 11:00 shot.

the market, if we are doing so well laid the economy in such great shape why is the fed on the front page every day? why is one central bank after another manipulating the market, if we are in such great shape why do we see that? i can't figure it out. mario draghi or janet yellen, every day one of the undoing some -- it reeks of a lot more trouble than they are willing to admit. stuart: do we have any tool in the administration's toolbox to fix a slowing economy? >> not in this administration's will box. fed officials have been talking since clinton wasn't the white house, one thing and the administration could delivers more upbeat rhetoric. i am sorry down be talked out of his administration is the sorry x-ray blanket on the economy. they have run out of tools for sure. the fed can't raise rates

according to wall street analysts. more government spending when $30 trillion now government debt in 20 years is a lot. stuart: you have a different take on this. >> i do. we are in an economy growing at 2% and i think that because that is what statistics tell you. i don't think that tells me you need more stimulus. i don't thing we necessarily need to raise rates, getting two to three rates this fed has told us they are dated dependent, watching the data. i have been trying to say to watch the data. earnings are coming in. stuart: i don't care about the fed. i don't care. i want to know how we are going to get 4% growth. we won't at 4 prison with the policies we have in place. we won't get 4% no matter what the federal reserve does. >> you are not looking at 4% growth and zero% interest rate. we are not in an environment calling 7% interest rates,

agreed? >> we had 4% more than half the time since world war ii, this is not out of the realm of possibility. stuart: show me the policy we can adopt now which we are likely to adopt now which will give me 30% growth or 4% growth? >> i couldn't agree more. i believe zero% interest rates are not where we want to be. this isn't 2008. we are not enough financial crisis. stuart: come on into this. >> they threw $4 trillion in the garbage can, why not put people back to work, you want to improve the growth put people back to work and real jobs in this country instead of continuing to create -- mcdonald's, wal-mart. and with money in the banks, letting them get zero interest, get 2-1/4 from the government put it to work and rebuild america like they do -- that is what we want to do. stuart: how do you get the banks

to push the money out? how do you do that? >> end the regulations on them. we have overregulated banks, look at the bank earnings they still talk about fine they're paying, having to pay -- the administration, the financial crisis, the workings of wall street so i they going to continue to punish wall street? >> get the government out of the way and bring back the animal spirit of the economy. stuart: what is wrong with american capitalism that it can't fix this? look at apple stock, profits come out after the closing bell. maybe -- is there talk of a cheaper iphone? ashley: they have done this around the world, strong dollar killed apple because products are getting so expensive, they dropped the cost of iphone 5-flaps which is the smaller cheaper version, 43%, doing the same elsewhere.

there is speculation they may do that here in the u.s.. the i phone 7 scheduled for release in september, all eyes are on apple after the bell today and they will be looking at that march revenue projection because they could show for the first time ever year over year sales decline which would indicate the iphone market is saturated and from this point on, see the iphone which is the linchpin for apple, is there a problem there? stuart: if it was a drop in iphone sales for the first time in a long time if that happened at stock goes way down. >> a lot of it might be priced in. apple sales declining for a long time, stocks go from 130 down to 100 but right now 8.9, apple trades 8.9 times earnings, very low multiple. stuart: dow industrials up 140 points, the price of oil is up the little bit, the relationship

-- look at the price of oil now because it is the price of oil that dictates the stock market's value. right now we are at 3086 $0.52 on the upside, the dow is up 142. are you looking for another leg down for oil down to 20, 25, still looking for that? >> i am not. when we talked before you were on vacation i thought 25 or 26 was a pretty good area to be a buyer. i can't say it won't go down. for my money i am a buyer of oil and oil commodities. if we get some real growth and opportunity and get those taxes or whenever, commodity spaces, the real problem is not a commodity problem but the dollar problem. and a weaker dollar, pushing prices higher. stuart: todd horowitz is buying commodities.

there is a headline. big names, we watch them every day, starting with mcdonald's, big numbers boosted by that all day breakfast program, stock hit an all-time high yesterday. maybe i was a little hasty in my assessment of the impact of all day breakfast. >> if they had and all they salmon cucumber sandwich. stuart: i am an american now. look at twitter. please, struggling. they say it has enough cash to keep it going for 400 years. they said they had $3.5 billion cash. liz: twitter ranks lower in popularity than facebook and the other social media sites up there. they rank below interest, down

which linkedin. tech savvy -- an american story. it doesn't matter about the cash but revenue growth for twitter. stuart: i want to get to tears. they are reporting disappointing sales of their new model x, a cheap oil not helping electric cars. any comment on this one? liz: it cost 132,000, and when oil is going down, earnings come out february 9th. profit really is the final frontier for tesla booking a lot of losses. >> lots of trouble getting into that market. stuart: i saw uber car which was the tesla. i called this company democratic

luxury, their sales of ghana and you have to show me that's not going up. >> it is up 10%. coach has done a lot of things. a -- stewards white bought a brand that is very popular, last year's $600 million and that is doing well, shoes and boots, handbags and accessories, the revamped the merchandise and cutback on those promotions and that brings into the area sales improving in the latest quarter. and in the last 15 minutes they are also considering sale of their joint venture. as a result of all of this, 10%. stuart: i am sure investors will like it and take it. how about amazon? close to half of all american households have an amazon prime membership. have of all households.

ashley: up from 2014 numbers. we're talking 2015 amazon. this is prize for amazon because prime customers spend more money but that is showing signs of slowing. the average amazon prime customers and $1,100. the year before in 2014 they spent $1,500 on average per year. stuart: half the households in america spending $1,100 per year on one company through one company. liz: amazon hopes that will wash out or wash away tripping shut -- they are looking at costco with their membership levels anywhere from $70 million vs $83 million. stuart: cold water on this? >> retail business is not clear driver but the -- amazon has been recreating themselves as they go. stuart: check the big board, we are up 130 on points for the dow industrials, that is because oil is up, procter and gamble better profits, cost cutting measures

are working there. proctor and gamble this morning is up 2%. michael bloomberg considering a third party run for president. will he take votes from trump or hillary or both? we will discuss. we will discuss how long i have been gone. how much this markets -- i am embarrassed.

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stuart: this is a rally, stocks and oil marching virtue we in

lockstep, stocks up, look at oil up $0.35 above $30 a barrel. i am back from a two week vacation, a lot changed since i have been gone. ashley: let's begin with the dow. the dow when you left was at 16,346, that is what it is. down 310 points. that is not so bad. next one, twitter. since you have been done has been invented. it went public and it was at 1998 and january 8th. what is it right now? 17. a rough go for twitter. stuart: stuart: what about netflix? ashley: $111.39. take a look. the survey says it has been a rough go for a lot of insecticides.

microsoft, a stock near and dear to your heart, $52.33. every time we quoted microsoft we thought of view. not too bad. there you go. stuart: i will never go away. time we got to the presidential race and a possible third-party run by michael bloomberg. listen to what donald trump had to say about that. >> i would love to have him in. i think i would be him easily. blumberg never -- everyone who covers me bloomberg is the worst. that tells me he wants to get into the race and i always suspected this. i get the worst most unfair stories out of bloomberg and i let him know about it. i hope he gets into the race. stuart: laughing at that donald trump sound like a rich lowry from the "national review," and donald trump as not a real conservative. >> coverage and michael

bloomberg's coverage. stuart: i think if michael blumberg was in the race, would take more votes away from hilary duff and he would from trump if he were the nominee. >> that is probably right. i don't necessarily buy trump's theory why the coverage from bloomberg is tough but if trump wins the nomination he could win over working-class democrats, scramble the race in interesting ways but he is likely to do poorly among college-educated white women and suburban, that is the kind of vote michael blumberg could win. so if michael bloomberg gets in he could keep those voters from going over to hillary and instead win them for himself and make it possible for trump to win. a free way race is better for donald trump and a two way race. stuart: i contest the idea that michael bloomberg is popular outside the left coast and the boston washington d.c. corridor.

i don't think the man is going to let traction outside those two areas. you disagree? >> among western segment if he is running as a sensible centrist, he will. i am not a fan of anything about michael bloomberg. a big fan of the second amendment. all these rural voters, working-class voters donald trump has been touching in the republican race, they can go with trump, bloomberg has no appeal to them but a lot of people might be moderate republicans in the suburbs who are not going to like donald trump, they won't like hillary for birdie and might go with bloomberg. there's zero chance of bloomberg winning a national election but he could take enough votes from the democrats to do donald trump buffet for. stuart: in the "national review," you came right out and tried to rally support for establishment republicans or genuine conservatives as you would say.

>> there's a difference the clinic two. "cavuto coast to coast" when you got a lot of traction with that, received a great deal of publicity but i have not yet seen a new gop establishment figures stand up and say i am the guy who is going this party. >> ted cruz is trying to do it in iowa. we are not in favor of the establishment. we are in favor of a conservative and ted cruz and marco rubio are conservatives and the stakes in iowa are huge. of trump wins then he is probably going to stop for a new hampshire and may be really difficult to stop him. ted cruz, if ted cruz can knit him in aisle of the race might be reset and look different. stuart: you must have cost a lot of flak. >> and a lot of praise from readers, principal conservatives, they like the idea of planting the flag to principal conservatism, and no matter what the polls say.

stuart: can't wait to see those e-mails. good to have you with us. the pastor held prisoner for three years in iran speaks for the first time since being freed. he describes what it was like in captivity. >> they want me to write something for a one. they didn't do that.

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stuart: the christian pastor who was freed in a prisoner swap with iran described his harrowing experience with greta. >> because they want me to write something they want which i didn't do that.

they tried to to damage my reputation and the judge closed the door and started in that time -- stuart: former intelligence officer andrew peak is here. you got to tell me what is the opinion within the intelligence community when you hear stories like this, and we're doing deals with the iranian government what is the feeling among the intel community? >> that interview with greta was one of the most horrifying things i have seen on cable television where he talks about being beaten in the head with a share, when he talks about being threatened with death when he returns to the united states. the reaction is if this is what they're doing to him, what is done to robert levenson captured five years earlier in iran who they knew was connected to the intelligence community and i came away from that interview

and said to myself that poor guy, robert levenson is never coming home. stuart: maybe i am stretching a point but it seems to me america has been humiliated. we signed a deal with iran on news and since then has been one humiliation after another. one slight after another and yet this deal is pretty much a done deal. there is no way out of it, is there. stuart: the iranian president is making huge business deals in italy, worth billions of dollars and that just issue is backed there will never be significant fresher impose on the iranians again equal to what the sanctions were. the iranian regime has no more incentive to change. the believe that somehow by empowering moderates like the president and foreign minister you can change the behavior of the torturers, the revolutionary

guards is ridiculous because now all that pressure is gone. there is no more incentive for change. stuart: i returned to my original question. morale within the intelligence community when you hear stories like this? >> very low. this is anthony we fought 36 years so we have to keep fighting. is an evil regime. stuart: thank you very much for joining us, we appreciate it. hillary clinton, you could say she has an image problem and it is all about honesty. evidence mounting against her in an e-mail scandal and her support in the polls is dwindling. we are on stuart: if you want to buy a gun in lowell, mass. you better have deep pockets and good writing skills. second hour of "varney and company" two minutes away.

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.... .... stuart: coming up on 10:00 o'clock. here are your big stories.

oil and stocks still moving. both of them up to date. the economy is clearly slowing. hillary clinton honesty problem. voters lack trust. new rules and massachusetts. if you want to own a gun, you need to write an essay to get your permit. bypassing customers. all of that, plus my big interview with super bowl winner troy aikman. coming up. ♪ i got what may be a surprise here in the category.

ninety-eight-point one. very nice. it is up. low gas prices. >> look at this. you just got that number in. consumer confidence up. >> maybe the two are linked. >> consumer sentiment is at its highest. >> trying to find the price of oil. higher profits. we believe that is a winner amongst all of those dow stocks. four and a half percent. they are sales up for the first time in two and a half years. you have sprint.

a company says, here is how it will be in the future. the turnaround is starting to take hold. stocks up nearly 9%. 274 on sprint. how about the price of oil. yes, it is up to date. where are we. still turmoil, you think eschenbach. >> up $0.20 just in the last two minutes. the only thing that has changed is the talk about opec. none of the other fundamentals have changed. that would be huge. the iraq you oil ministers saying they could be flexible on cutting production. talk among traders. the bottom is not here. we have seen the worst of it and

oil. >> may be maybe the bottom has already been breached for all oil. the bounds for oil above 30. stay right there. >> this would mean that the saudi strategy of trying to kill the u.s. shall industry has not been successful. you are at the center of the action. the latest news poll shows what they are looking for in a candidate. honesty. that could be a problem for hillary. come on in. i am not trying to be sarcastic. i think that hillary does have a problem with this concept of honesty and her image as an honest person. what say you. >> having a private server.

i mean, come on. this is a huge problem for hillary clinton. having a hard tribe. gaining independence. there are fewer independence today who are voting for hillary clinton. that is a huge problem for her when it comes to winning the general election moving forward. >> do you think it is possible that we will have a replay of 2008? hillary clinton, front runner loses to a freshman senator. now in danger of losing to a socialist. i hardly believe that this is possible.

>> hillary clinton was a flawed candidate did she spoke the inevitable. the same story this time around. she looked not only untrustworthy, but she also looked untrustworthy on her policy positions. she shifted them so much. coming up as not genuine. there is a possibility here. losing in iowa to bernie sanders. new hampshire higher. certainly and play. though momentum here is certainly not on her side here and. stuart: if in the michael ee that you became an advisor to the clinton campaign, highly unlikely, what would you do? >> i am not so sure that you can actually help the clinton campaign at this point.

they are accusing the inspector general of colluding with the gop because he simply pointed out some discrepancies. extra top secret information on her server. i think that they brought their course. i am not so sure that they can get it back. there are some politics and it is very difficult to get it back. i do not think the clinton camp, at this point, will be able to get it back. stuart: you will be back in just a few minutes. i have to break away for a second here. the government still has little idea how many foreigners overstayed their visas. the september 11 hijackers. overstaying their visas before carrying out their attack.

before we get into what you are trying to do, i want to know why have we not done something in the last 15 or so years. when we read back through the reports and the department of homeland security reports, they all said that it was a priority. i think that that is what is troubling for so many of us. >> it could potentially be that. we know what it was not. it was not a financial decision. we budget the department of homeland security. they have been tasked with coming forward and putting up their own internal documents. actually having a plan and process.

they have done nothing. more importantly, continue to have the accountability. each time we peel back that onion, we find more and more troubling fact. stuart: let's cut away all the weeds for a second. what will change this overstaying? >> when someone comes to our country, we need to know where they are. we need a biometric exit. we know that they have left. essentially, anybody coming here on a visa can come here and overstayed. stuart: can you pass legislation? can you do it? can you get something done?

>> there has been legislation passed. it really comes back to there are laws on the books. we need to abide by those laws. that is all we ask for. >> hank you so much for joining us on this important issue. appreciate it. a new law now requires them to write an essay and pay more than $1000 for training. what is this essay you have to write? what is the right thing? >> citizens of the united states

, do not owe the government and explanation for why they want to keep and bear arms. not to mention the $1100 fee for training. this discrimination against the poor. we were acquired people applying for their voter registration cards to write an essay. this is no different. i smell a lawsuit coming. >> if you asked someone to present id when they bow, that is suppressing their right to vote. shortly you are suppressing that right to own a gun by the mandate and essay to get the permit for the gun. >> the $1100 fee for whatever

type of training they are offering is extreme to allow someone to simply exercise their right to bear arms. these are not things that are put in place for safety reasons. these are things to obtain them from getting their license. this is about discriminating against the poor. exercising the rights. i guaranteed the fee was applied. any other right that we have in the constitution. i think that we would have a serious problem on our hands. >> clearly not a clinton campaign. [laughter] stuart: the market. let's get to that. 200 points. 222 be precise.

consumer confidence is up. up to 18. later this hour, my interview with three-time super bowl winning qb troy aikman. how about a sneak peek. >> i heart tells me pay 10. i have seen carolina up close the last couple weeks. really all season long. ♪ hey dad. hey sweetie, how was your first week? long. it'll get better. i'm at the edward jones office, like sue suggested. thanks for doing this, dad. so i thought it might be time to talk about a financial strategy. (laughing) you mean pay him back? knowing your future is about more than just you. so let's start talking about your long-term goals...

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stuart: why don't we check out the board. that is a really good rallies. i will start with 3 m. higher profits and lower costs. up four and a half percent. how about proctor and gamble. not bad. bernie sanders.

he said flat out wearing the town hall last night, yes i will raise taxes. we look to the government data. he initially, now he is saying 90%. however, they tax about 100%. taxing the millionaire in the 1%. only paying for about four months of government. what he is also missing in this argument is they get more in the way of government benefits. somehow in america, those that pay federal tax dollars, they don't pay their fair share. >> if you did have that kind of astronomical --

>> it would flatten small businesses. the formation of them are 30% lower than the level they were in the 1980s. that goes awol. >> it is astonishing. a leading candidate for the presidency. >> the middle-class, two. a decade-old lawsuit is finally being heard. smokers in massachusetts suing. an attempt to force him to pay for lung cancer screenings. welcome to the program. good to see you. suing phillip morris. smokers want lung cancer screening and treatment. can you see the time coming when someone suffered two diabetes

would sue a food company that puts out food with a bot of sugar? >> americans are obviously very concerned about safety. making products safer. making industries employee safer method. marketing. this particular class action. whether or not the company. it would have delivered fewer or less carcinogens to the consumer. it is a devastating disease that kills approximately 160,000 consumers a year. >> all kinds of foods.

in hindsight. you get diabetes and you look back and say, those twinkies, they are killing me. i am suing. or i have a blood clot. it is the fat in the beef that did it. i am suing. >> killing all kinds of industries and companies. not quite right. >> it is a great point. it is an often debated subject. cigarette are causing the harm that they cause. they are use as intended by the manufacturers. products like you are referring to, they may cause those medical conditions that we are all seeing. diabetes, other heart disease. they do not cause those types of

horrible consequences. it causes devastating diseases. you, the smoker. you know full well the dangers of what you are doing. are we close to that? >> you have to look at the history. there is a long history when it comes to cigarette manufacturing. what i believe they will likely have to do in the future is make a decision. whether or not they will continue to market these potlucks. as opposed to products which we all know and they admit have a reduced risk to cause lung cancer and other types of significant life altering

diseases. >> we will all be drinking life alternating beer soon. we will follow this case through. thank you. >> it is going to be interesting. how about the big board, please. we are up 228 points. not a bad rally. the economy not doing that well. that will be my opinion. that is the subject of my take which is next. ♪

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3 guys are blue and sea of green. dow stocks up. thank you very much. how about proctor and gamble. 3 m. both of them are down. big rally. up to 31. i will say that this is a scary headline. three of the world terror groups discussing a merger. later, troy aikman. i will press him really hard. a prediction on the big game. coming up at 1015 eastern.

there are clear signs that we are slowing down. so is the rest of the world. what are we going to do about it? that is what has me worried. that is president obama and the federal reserve has sharpened all of their arrows. remember that $860 billion stimulus plan. shortly, we will not do that again. a republican congress would not go for it all over again. how about the fed printing more money. same story. opening the money spigot again. now she would be laughed out of court. how about a tax cut to stimulate the private sector. are you kidding? anything and everything to prevent you and i from keeping the money that we make. therefore a nonstarter.

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stuart: do you see that traffic? that is true. why are we up so much? the price of oil is up. now at 313th team. up goes oil, up goes stocks. the price of gasoline. the national average is $1.82 on regular. average $1.82. >> what is that your neck of the woods? >> about $1.73. our next guest was gradual to testify on capitol hill. the hearing has been postponed because of the weather. general, welcome back. what were you going to tell congress tomorrow? >> stuart welcome back.

it is good to see you again. isis has rapidly become the most successful terrorist organization in modern history. they were all-too-familiar with it now. they moved there in 2012 did they have expanded into nine affiliate countries with read more about to be documented in terms of approving a plan in the next few weeks. they have developed a worldwide following where their believers and countries around the world willing to kill their fellow citizens as part of this movement. there is no dow not that they are having a global strategy. they have maps to support it. they clearly are a threat to the united states. >> they come from nowhere.

now we have reports suggesting that al qaeda, isis and the muslim brotherhood are organizing what is described as a major merger in libya did what you think of that? that is a very good point. it has become a failed state. a vacuum in that country after they burned down our consulate. what has happened is what was once a legitimate government is an exile government. it used to be -- the un is trying to bring those governments together. neither one of them can secure the country or provide over meant services. what is happening is they are trying to demonstrate to the world that these two governments are not in charge.

pretty in them together will not make any difference. they, clearly, almost of the territory. while they are making that statement, the islamic state in the muslim brotherhood, i do not believe that they will cooperate in terms of intelligence or military operations together. i think that they will stay out of each other's way most of the time. it is opposed to cooperating and conduct an operations together. it is rapidly expanding. >> there seems to be an okay should know when. this year, i heard of no gain. no progress. have you? >> what is happening is we are slowly taking territory back in iraq. rub monty took almost six

months. pretty much pushing out of there. the operation in front of the iraqi government is many months. will not be able to be achieved in 2016. what kind of opposition it represents. can the iraq is actually put together sufficient force to do this. they have lost territory. this is their headquarters. why they are so successful. we still do not have coherent plans that will take down isis and syria. >> not much of a progress report. thank you very much for being with us. snow and all. >> to talking to you, stuart. stuart: the latest poll from iowa. ted cruz right on the heels of

donald trump. marco rubio or teen. turning point, charlie kirk is with me. on the ground in iowa last weekend. you were there as an observer. you saw what was going on. i was told that trump does not have a ground game. >> that is not completely accurate. cruz has been building this on the ground for years now. trump has real supporters on the ground. he has people all over iowa that have true ferber for his message. going through a cruise rally. in the absence of understanding how to implement a grassroots organization. >> you are talking about how to play political games. >> that is right.

ted cruz has been masterful in his ability to pick up key endorsements across the state of iowa. we knew he needed additional support. i will say this, it will come down to turnout. ted cruz in the margin of error. you see ben carson at 7%. let's say ben carson drops out two or three weeks from now. where's that support going to go? ted cruz is positioning himself. i do not think that iowa will determine this race this coming monday. it will set a trajectory, no doubt. this is a longer race. iowa will just be the first of many, many to calm. >> hillary clinton responding to a question about honesty at last night democrats town hall in

iowa. >> if you are new to politics, the first time you have really paid attention, oh, my gosh. look at all of this. i will tell you why. i have been on the front lines of change and progress since i was your age. stuart: the question was about hillary's honesty image. >> i do not consider that much. a lot of my friends that i talked to about you thank you are a liar. look, my peer group wants something new. the democrats have a big problem. i think that she will be the nominee. it favors a clinton machine. half of the process is

superdelegate. old school democrat second be lobbied and pulled and pushed in any direction. republicans got rid of superdelegates in 1950. young people in particular millennial's, rejecting this whole idea. that is why you see the rise of bernie sanders. i think the democrats will have a big, big problem. >> i think you are oiling up your own political. thank you. jo ling kent is here. apple earnings out this afternoon. >> a lot of pressure on apple to deliver more iphones. there is concerned that they will not be able to do that. it is a big order for apple. if you look closer, there is

concern in europe and u.s. in terms of sales. the second biggest market for apple. 45 million iphones to be sold as an outlook. for the next quarter, we will be watching very closely. the two big issues of the future. >> they are looking for the first year sales decline in this present quarter. back in the day when ipod was new. first downturn. >> 4:00 o'clock on apple earnings. we will bring you the very latest that 4:00 o'clock. i will be here. no job -- no jargon right? >> only the best numbers you could ever need.

[laughter] stuart: check that big board please. oil up. stocks are following. on the beaches of australia. finally. ashley will brief me on what i missed. thank you very much indeed. back in a moment. ♪

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nicole: i am not call petallides with your fox business brief. the dow jones industrial average up to hundred 50 points. 16,134. a gain of more than one and a half percent. the nasdaq up three quarters of a percent. this is oil gaining. news about $31. looking at some of your dow winners. 3 m. up. also doing well. let's take a look at some of the movers. over 500,000. postnet subscribers. eleven and a half or sent.

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3 i really am glad to be back after 82 week vacation.

remember, i left friday january the eighth. oil was $33.16 a barrel. >> they had dropped into the 20s. it has come back a little bit. right around 31.8 teen. how about gas prices. you say sayonara. it was a dollar 98. $1.98. two dollars now. as you said earlier today $1.82. look at that. >> i am excited about that. a chai was paying a dollar 53 in new jersey. $1.53.

[laughter] we have an extraordinary development in denmark. progress is denmark. they will make migrants pay for the help that they proceed. >> the ability to go through migrants luggage and belongings. to cash those out and give them to denmark to help pay for their upkeep. it is interesting. critics say you cannot do this. it violates the human rights people. it violates the human rights convention. anything above $1000. that is kind of your down payment. they also want to extend the time. how long it takes to get the decision on whether you can stay or not.

>> they have a generous welfare state. >> open arms in september. it seemed the bated right now. it will become more. >> it sets off a chain reaction. >> fascinating. >> one of football's rates. troy aikman. a good question for him. who will win the super bowl? i really question him hard for an answer. ♪ in less than a century, boeing took the world from seaplanes to space planes, across the universe and beyond. and if you thought that was amazing, you just wait.

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stuart: all right, everybody. the super bowl is set. broncos and panthers. troy aikman is with me right now. welcome to the program. >> thank you for having me. right from the get oh. is it cam or is it taped him? >> i do not know which one it will be. peyton manning and his great career. who would have thought that he would end up being in the super bowl. you have a chance to a great

career. he has been spectacular. they will be hard to beat. >> i am not broadcasting the game. >> who is your pick? >> my heart tells me peyton. he is a friend. he has meant so much to our sport. i think they are playing the best football. >> would you play the over or the under? >> probably take the over. >> really? i think that it will be good. i think that it will be spectacular. the king sporting event in america. probably in the world. >> it is fabulous.

the people who have never watch football all season long. it just becomes a huge event. it makes it an unofficial holiday. many places around the world. >> i miss winning. playing at the end of my career. i play in three of these. i miss playing in the big game. all that goes with that. this first super bowl. >> it is just like any other game. they have not laid. you know it is different from the time you win the championship game going into the weekend all that comes with it. you walk out onto the field. it is unlike anything else you will experience. i would like to do with about 10 more times. [laughter] stuart: i am a little jet lagged.

just got off a plane from australia. what can no parties do for me? >> it can bring awareness to this disease. that is why i am here for this campaign. i was diagnosed with melanoma back in 1988. some are not as fortunate. for those that do not, it is a tough fight. there are more than one form of melanoma. that is the important thing. it goes a long way in how you are treated and what your treatment plan looks like. i know that there are a lot of questions out there. how do you figure it out. melanoma just got personal.com. it helps answer a lot of those questions.

stuart: if i were to say to you that the thunder beat the stars in the big -- final, does that mean anything to you? >> i would be shocked. was i right on that? >> the stars. >> i do not know many cricket layers. stuart: have you ever been interviewed by a english guy before? it was a pleasure to have you on the show. we really appreciate it. we will be back. ♪

..

stuart: it is a rally. the dow's up 232 points. big day for your money, yes, it is. oil is up, by the way. yes, a big day for your money.

we are on it, how flee starts right -- hour three starts right about now. ♪ ♪ ♪ ♪ stuart: yeah, well, that was me on the beach in australia, and i am back after two weeks. >> welcome back. great to have you. we thought we'd never see you again. stuart: you're welcome. i came back for you. [laughter] the markets rallying. a lot has changed since i've been gone. where was the dow when i went on friday the 8th? >> it was at 16,346, it's now 16,132. let's look at the s&p, by the way -- stuart: so it's not down very much. >> well, it went through a lot of gyrations, just slightly down. the s&p was at 1922, and the nasdaq was at 4643.

stuart: in other words, my two weeks away has not cost you much money. >> no, it hasn't. >> but there was a lot of concern in between, ups and downs and all arounds. it was crazy. stuart: crazy two weeks. >> oh, yeah. stuart: i was following it from the beach. >> sure. sure, you were. stuart: serious trouble for hillary clinton, serious trouble. listen to what former diplomat wendy sherman had to say about ms. clinton's e-mail use when she was secretary of state. roll tape. >> now we have blackberries, and it has changed the way diplomacy is done. things appear on your blackberry that would never be on an unclassified system, but you're out traveling, you're trying to negotiate something. stuart: on tap two years -- on tape two years ago, clearly, hillary clinton had classified material on her private server. ambassador bolton is with us. i don't know why you're laughing, because it's not funny, this is serious stuff. i want to go back to the beginning.

why would someone with the experience of hillary clinton, former first lady, senator secretary of state, why would she have her own private e-mail server right from the get go? >> well, i think it's precisely because of her knowledge about the government that they wanted to find a way of communicating that, in their view, would keep the records created outside the purview of the government and the records retention statutes that govern all regularly-created federal documents. i think what's significant here is we have yet to see any legal opinion by the state department's office of legal counsel, legal adviser, that permits this to be done. i think they did it on their own. the only amazing thing to me is that some bureaucrat at the state department didn't leak this back in 2009 or 2010. which they surely would have done had it been a republican. stuart: but the intention to be private overrode the security angle. she ran top secret stuff through

a simple server, unprotected on her property in chappaqua, new york. that's an astonishing thing to do. >> it stuns me. to this day i do not have words for the imagination it must have taken to come up with this idea. but it goes beyond the effect simply of her e-mails back and forth through that server. you can hear from wendy sherman's own comments the entire system of security and classification at the state department was being dumbed down across the board under this influence. the only way to get an e-mail to the secretary of state was unclassified. people were looking at classified documents at their desk, typing the substance into e-mails over aol or gmail and sending it to the secretary. that material was classified from the minute it was born. it's not a question of being reclassified later as the hillary clinton partisans insist. this material was come probe poised from the get go for four straight years.

stuart: but everybody knows, everybody in america knows that private e-mail accounts can be hacked and will be hacked by just about anybody, especially a private e-mail account from the secretary of state of the united states of america. everybody knows this. and yet she still did it. >> unless you think you're above the rules, which is how the clintons have survived so well. i come back to where i think the real nub of this is. you know, there's a lot of political commentary on the airwaves today for and against hillary clinton. it is all irrelevant. there's only one group of people in america that matter at this point, and they are the special agents of the fbi systematically going through the material that they have seen that we have not. and let's not forget as we hear about the controversy over whether general petraeus may lose a star as a consequence of his security breach, the people in the fbi who investigated that case, the prosecutors in the department of justice who wanted to prosecute it believe petraeus got off with a slap on the wrist.

you can agree or disagree with that, but that's what they think. and very clear, i speak as an alumnus of the justice department, that the next famous person that walked in showing disdain for american national security was going to be presented in a way they weren't going to let this one slip away. i think hillary clinton is right in their sights at this point. i think she's in deep, serious legal trouble. forget the poll ticks, forget -- politics, forget the spin, forget her lines of defense. inside the fbi and inside the justice department this is moving in a very bad direction for her. stuart: ambassador john bolton thank you very much, indeed, sir. >> welcome back. stuart: thank you, sir. all right, parts of southern new jersey are experiencing major flooding following the weekend snowstorm. ashley, governor christie is catching some heat for his campaigning? what's going onsome. >> well, yes. he got questioned pretty harshly by a student at a town hall meeting in new hampshire, and chris christie shot back. basically, the student said, why are you here? shouldn't you be back in new

jersey following that record flooding from the storm this past weekend, and she said i have friends and family down there that are complaining about the flooding. listen to the sound bite. >> there's been one county that's flooded in the state, one county. that was cape may county. the one county that flooded. so i don't know where from all over the state since we have 21 counties where that's happened. second, i don't know what you expect me to do. you want me to go down there with a mop? >> a little bit of sarcasm as mr. varney would say but, you know, that's typical chris christie, what do you want me to do, go down there with a mop? basically saying it's not all flooding, i'm the governor, not the chief engineer, he went on to stay. stuart: before we continue with more politics, i want to take a look at the big board. we're up 255 points, 16,1 is the level we've reached. the reason for this rally, flat out, the price of oil. we're back to $31 per barrel.

that's a shot in the arm for the stock market. all right, i want to get back to politics. can't forget politics, please. the presidential race getting maybe a bit more crowded. reports say former new york city mayor mike bloomberg is considering an independent run. i say if he runs, he takes votes primarily away from hillary. >> oh, yeah. stuart: not trump, wouldn't you say? >> i agree, i absolutely agree. trump has already got that handled, he's just saying, nope. nope, they're wrong and also i like -- he said i like my money better than his money because it's technology, it's not reliable, it's whatever. i like real estate better. nothing's going to change trump's rhetoric. so, yeah, absolutely. who knows what's going to happen with hillary with all this legal trouble. stuart: but trump is saying i want bloomberg to run, because i think he knows that bloomberg will be the spoiler in a three-way -- >> he really would be. right now the regulation bloomberg wanted to ban all

these things, his anymore name was the nanny -- nickname was the nanny. i would never vote for him. i feel like a lot of people would never vote for him, but it would make things more interesting. let's get everybody in at this point. who isn't running? biden, let's all just have, all vote for ourselves. [laughter] stuart: you know, biden running is not out of the question. if hillary really is in this kind of deep legal trouble, and she's in political trouble as well, surely the democrats wouldn't go with bernie sanders, would they? would they? >> trump versus sanders. yeah, i can't imagine any of in the way it's happening already right now, so who knows? nothing really surprises me anymore. but bloomberg, if i had that much money, i might run for president because, hey sometimes there's nothing to do in the amp. [laughter] stuart: i just don't see how bloomberg could be popular outside of, say, the eastern sea board, boston to washington d.c. and on the left coast as well. everywhere else i can't see a

man with $40 billion, former mayor of new york -- >> but if you've got $40 billion and you feel like running for prez, why not? stuart: i just don't see what kind of support he could get. >> i don't either, but he could be a spoiler, and maybe that's a fun thing to do. >> who knows what will actually happen. we're six days from iowa right now. if you look at the current landscape, i know it's a totally different race, but santorum was only at 10% six days out. stuart: six days out. >> that's right. >> who? [laughter] >> rick santorum who went on to win the iowa caucuses. so, really -- >> he's probably hoping that'll happen again or something? >> going to be tough. >> i think he can do it. [laughter] stuart: let's see. we've got to look at chevron please, it's one of the biggest winners in the dow. oil is up, so is chevron, 3% gain for chevron there at 83. then you have sprint, it's boosted what it calls its guidance, the outlook for the year.

it says its turn around has taken hold, and look at it go, up nearly 3 a share, that is a 17% gain. an update to the story out of denmark, a controversial vote to make migrants sell their assets to pay for the help they get in denmark. what's the latest on those? >> well, they passed it. the danish parliament has agreed to this, it allows the danish authorities to confiscate valuables belonging to migrants at the value of $1500 and up for their upkeep, their housing, their food. denmark says this just brings the refugees in line with jobless danes who have to sell assets above $1,000 in order to receive benefits. they say the migrants should have to do the same thing. so this basically allows danish police to go through their belongings, looking for something that could be worth more than $1500. they confiscate it, that helps pay for their upkeep. stuart: what a total turn around from late last year when europe

opened their arms and said, come on in, to you migrants. >> yep. stuart: what a turn around. >> sweden's already strengthening their borders, and we're hearing reports out of germany migrants don't like the culture, they can't assimilate it wasn't the heaven that they thought it was. they want to go back. stuart: fascinating. >> yeah. stuart: all right, everybody now this: if you want a gun in the town of lowell massachusetts, you have to write an essay. what? here comes the judge on that. ♪ ♪ stuart: ah, he's in the studio. [laughter] ♪ ♪

♪ ♪ >> this discriminates against the or poor. imagine, stuart, for a minute that we required people applying for their voter registration card to write an essay and then pay $1100 in order to exercise their right to vote.

this is no different. i smell a lawsuit coming, and i doubt that this will be upheld for very long. stuart: that was katie pavlich in our last hour talking about new rules in the town of lowell, massachusetts. if you want to buy a handgun there, if you want a permit for a handgun, first you've got to write an essay about why you deserve that permit. you also have to pay up to $1100 for training classes. napolitano is back. i find this extraordinary, the idea that you should ask, you have to write an essay to fulfill a fundamental right of you for you as an american citizen. >> i agree with your argument, i agree with what katie pavlich just said. however, this is already the law of the land in most states. what is offensive here is that it is not the massachusetts legislature which is charged with maintaining the health and safety, welfare and morality in the commonwealth of massachusetts, it's a local town doing it on its own.

for example, in new jersey if you want to carry a permit, you effectively have to write an essay in the form of an affidavit. you have to swear under oath why do you need this, what threats have you had? what do you do during the day that requires you to carry a gun? and you have to demonstrate proficiency in the use of the gun. how do you do that? you take lessons. why pays for the lessons? you do. it shows how far we have come from understanding the right to self-defense as a natural right which a person can exercise on their own to the point where we've gotten now which is, gee mr. or ms. government bureaucrat, i want your permission -- stuart: right. >> -- to exercise my fundamental right to self-defense. that's how far we've gone. stuart: it's an outrage. are you with me on this? >> it's an absolute outrage, and it's a per vision of the fact that our -- per vegas fact that our rights are ours. because the progressives have

run the governments of so many states and because they loathe the second amendment because they believe that they can keep us safe and their police can take care of us, you ask any cop, they can't be everywhere at all times, they've made it nearly impossible to exercise the right to self-defense. i am happy this case in massachusetts came out, because it exposes the big government mentality for what it is, a fraud. stuart: thank you, judge. >> you're welcome. stuart: eruditely put. [laughter] as you know, i've been away for a couple of weeks, i was in australia. >> it seems like a few months. [laughter] stuart: thank you. glad i'm back. i was on the beach largely in australia, and and i shot this video. what you're going to see is these are teens. >> that's not you? stuart: no, that's not me. they're jumping off a pier into the ocean. >> you know how to use your iphone. stuart: they're having a lot of fun, these kids. they're diving down about 30 feet into the ocean which is

about 20 feet deep at that point. it occurs to me, in america you couldn't do that. liability laws would say, oh no, that's dangerous. you can't do that. >> probably right. stuart: you lawyers -- >> well, you're right. the owner of the pier would be fearful because if somebody got hurt, he'd be blamed, and his insurance carrier would be on the hook, and his premiums would go up. that's the way it would work over here. stuart: that's outrageous judge. >> do they not have that over there? stuart: no, they do no. there was no warning sign, no police officer saying -- >> they happier there than we are here? stuart: yes. >> and are you, a new american citizen, happier here or there? touche. [laughter] stuart: when i got on the plane and came back to america, i knew i was coming home. one more for you -- >> ashley and i have plotted all this in your absence. >> we've had so much fun. stuart: okay, listen up, please. [laughter]

i'm going to show you some video of two guys, they're either skiing or snowboarding. this is new york city. wait a second, judge. they were told to stop that. now, if i say that is cool -- >> it is. stuart: -- that's really good, this is what americans do. >> right. stuart: i could be sued for that. >> no, you -- stuart: yes, i could, on the grounds that i'm encouraging people to take risks and it's dangerous. >> you cannot be sued because you stand by and cheer this reckless behavior. it's absolutely reckless. it appears to be fun, in any ruth i would have liked -- youth i would have liked to have done it. so comment away. stuart tart i think it's wonderful. >> so do i. [laughter] stuart: yeah, baby. [laughter] >> i drive the car, please? [laughter] pedal to the metal. >> who's going to pick us up? >> great question. stuart: doesn't it occur to you that that is america? that's what young folks do? take a little risk. yes. >> it's risky, but --

>> this isn't europe. only in america you would say how cool that is. stuart: times square. >> you could be prosecuted in europe for standing by and applauding that. stuart: no p. different legal system. >> in england where there is no constitution, you have freedom of speech, and here where there is a constitution you think we don't? stuart: i'm not going to get into it 15 seconds before the break. laugh-that's for another segment tomorrow morning. >> see you at nine. stuart: seriously, a big security breach at one of the nation's busiest airports, jfk. an entire international flight all the passengers, skipped customs, walked right through. no customs. how about that? we'll discuss and explain. also just ahead, andrea tantaros ready to sound off on hillary and her image issues. she never holds back, that's andrea.

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when you're on hold your business is on hold. that's why comcast business doesn't leave you there. when you call, a small business expert will answer you in about 30 seconds. no annoying hold music. just a real person, real fast. whenever you need them. so your business can get back to business. sounds like my ride's ready. don't get stuck on hold. reach an expert fast. comcast business. built for business. stuart: for the second time in the recent months, authorities at new york's jfk airport allowed passengers arriving on an international flight to leave the airport without going through customs. joining us now is the former top cop at jfk. welcome, ken hoenig. good to see you. >> good morning. stuart: now, in this latest episode, was it a pure mistake and nothing more than a mistake?

>> at this point it appears to have been an accident, a human error where when the aircraft came in, instead of being treated as an international flight, it was treated as a domestic arrival. so both the passengers and the baggage were sent through the domestic system. now, this is different than the incident that happened in november where one person made an error, and the passengers or some of the passengers were directed to the domestic system while the luggage was sent international, and that's how it was caught. stuart: but in neither case, this latest one or last november, in neither case was it a deliberate or a conspiracy to evade customs and evade inspection? it wasn't a conspiracy, it was both times just a mistake. >> there is no evidence that i've heard of at this point that points to a conspiracy or anything intentional. it appears to have been at this point purely an accident and

just a human error. but it's one that has to be examined closely -- stuart: exactly. because now you're a former top guy at jfk airport. i mean, you could theoretically arrange it to happen again. given your authority within jfk. >> well, understand -- stuart: you could have done that. >> understand this was not a problem of the airport making a mistake, this was the airline that made this mistake, okay? this wasn't the airport's respondent, it's the airline's responsibility that as passengers are deplaned, they are directed the right way. when people come off an airplane at an international terminal there are two corridors they can go down. and the airline's responsibility, the gate agent's responsibility from the airline is to direct them either into the domestic queue where they go intopopulation and go down -- general population and go down to baggage claim, or into a secure corridor that takes them through the federal inspection system.

and they are segregated at a point at the entrance to the jetway. it appears in the incident in november the gate agent made a mistake and directed the people down the wrong corridor or at least some of those people. they did catch it quickly. stuart: okay. it's just a little nerve-wracking as opposed to insidious. >> yes. and it's not the only time. it's happened other times in other places around the world. stuart: now we find out. okay. ken, we appreciate you being with us, thank you for being with us. >> always a pleasure. stuart: the evidence against hillary clinton in the e-mail scandal continues to mount. andrea tantaros joins us next, but watch this first. >> the fox news/google gop debate. >> iowa is about to vote. >> new hampshire is about to vote. >> this is a critical time. >> the candidates need to make their case. >> they need to resonate with voters. >> this is their chance. >> we will be fair or and balanced, but we're not pulling any punches. >> our job is to get america's questions answered -- >> to get people the facts they need -- >> and we're going to do our job. >> this is the debate you need to see.

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stuart: breaking news, reports of a shooter at a navy medical facility in san diego. what's happening? >> well, news of a possible active shooter has been reported by the naval medical center there in san diego.

they posted this notice to the facebook page at about 8:10 local time, about 20 minutes ago, just says an active shooter just being reported in building 26, all occupants are, quote advised to run, hide or fight. all nonemergency response personnel are asked to stay away from the compound. that's all we know at this time. haven't had any other reports since then, but people are being told either to do that or do not come to finish. stuart: but facebook was the means of communication. >> one of them, yes. stuart: that's how they got the message out. >> yes. 8:10 on the west coast. stuart: okay. we'll follow it, obviously. check the price -- check the big board, first of all. let's keep you in touch with this rally, 233 points. down 200 yesterday, up 200 today. why are we going up? because the price of oil is going up, up $1. consumer confidence numbers improved, that came out at 10:00 eastern, that helped the market.

look who's here, market watcher andrew aarons. i want to welcome you back because before i went away a couple of weeks ago, we were hard on a couple of big-paying dividend stocks. >> right. stuart: number one was chevron okay? update me on chevron. still paying a good dividend? >> still paying a great dividend, over 5%. i think with the price of oil at some point we're going to stabilize here or go higher. i think it's a good long-term investment, and i think it's something that people should have in their portfolio. stuart: now at 83, i'm getting roughly 5% dividend yield, and you think that that dividend is secure, they're not going to cut it -- >> well, i know they've paid that dividend for 28 straight years. [laughter] stuart: how about at&t? i can't remember what their dividend yield was before i went away. now it's 35. what's it yield? >> right. the yield on that is a little over 5%. stuart: over 5%? >> still over 5%. real stable play here in the market. you know, i think that the stock

could move higher, but with a stable dividend, stock's been trading in that trading range for about four years, around $35 a share. stuart: that's right. >> i think it's a good addition for someone's portfolio. stuart: it's better than a bank cd. >> better than a cd. stuart that's for sure. how about tj maxx? that's got nothing to do with dividends. >> this is still a growth play. off pricing has been very, very good for tj maxx. the strategy is great in this turbulent market, i think people are going to be looking for good deals, so i think the stock may do well going forward. stuart: i don't know why we like you, andrew? because you're short, sharp and to the point, and you do it very well. >> thank you. stuart: we like it. thanks very much, andrew. >> thanks for having me, stu. stuart: got to talk about the economy when you see a rally like this. and also this, there's a new poll, more people say the economy's getting worse than getting better.

46 percent say getting worse, 39 percent say getting better first time in three years that more have said worse than better. peter morici is with us, our favorite economics professor. i'm hearing a lot of talk with the word "recession" being mentioned. in your opinion, are we headed towards anything like a recession this year? >> well, you know, we're terrible at predicting those kinds of things, but a lot of the indicate canners are now in place. -- indicators are now in place. declining industrial production, tepid retail sales. the only thing that seems to have held up so far is then consumption numbers, but those tend to come out with a lag. employment we know is a lagging indicator, but some of the other basic information would seem to indicate some kind of recession is underway. stuart: well, that's rather dramatic news. i'm thinking what is the administration going to do about this? what economic tool, policy tool do they have to fix this? >> well, unfortunately, the administration will look at this as an opportunity to put in

place some of the social programs. we saw that previewed in the state of the union where the president wants to put in place some kind of wage guarantee. you know, if you lose your job and you take another one at a lower wage, he'll make up the difference which is just absolutely absurd. i mean, this administration is incapable of quick stimulus. we saw that, for example, with cash for clunkers which he turned into sort of an irs-style nightmare. stuart: i want a policy which produces growth -- >> oh, i could give you one of those. stuart: well, so could i. tax cuts, for a start. >> the right kinds. do something about the corporate tax and do it quickly. the problem there is the administration sees tax reform as an opportunity to raise taxes -- stuart: yes, exactly. >> -- when already corporations are paying so many taxes that a company like johnson controls, you know, it's not a pharmaceutical company where its capital is ideas and patents.

johnson controls has all kinds of manufacturing in the united states, and it's moving its domicile to ireland. don't these guys ever wake up? stuart: but what you're saying is we may be headed towards recession, and the administration is not prepared to take concrete steps to get us out of it. that's what you're saying. >> they haven't even acknowledged that we have a problem. and also listen to the fed, as janet yellen's surrogates go around the country, you know? we've just had several weeks of china's stock market going into heck, rattling global confidence, and they say, well gee, the objective conditions have not changed much since we made our last interest rate decision. i mean, talk about a head in the sand economic management. if there's ever a better reason to elect, you know, a republican administration -- not because you might like republicans instead of democrats, but just to get a different gang of actors there -- this is it! they simply can't believe that they have trashed the economy. you know, it was hard to beat

george bush's record on economic growth, but guess what? barack obama done done it. [laughter] stuart: nice outcue right there. peter morici, as always, thank you very much, indeed, sir. we'll see you again soon. we've got a new national poll that shows donald trump still very much the leader of the pack. ashley, those numbers, please. i think we're looking at 'em. >> it's interesting, there you go, 37%, ted cruz at 21, rubio at 11. basically shows trump consolidating. he's just down from 38% a month ago. cruz was at 15% a month ago, so coming up. and then you can see rubio at 11%, he was at 12%, pretty much stuck in place. but it does show that trump is so lid fight. he's kept his -- solidifying. he's kept his base support. that's a national poll. stuart: all right. hillary clinton may be leading the democrat race nationally but she's got a liability problem. listen to what she said last night. roll tape. >> if you're new to politics, if it's the first time you've really paid attention, you go,

oh, my gosh, look at all of this. and you have to say to yourself, why are they throwing all of that? well, i'll tell you why. because aye been on the front lines -- i've been on the front lines of change and progress since i was your age. stuart: it was a millennial, young person, who asked her about her image of honesty, and that was her response. and if she's not seen as honest, that's obviously a problem because voters appear they want honesty and trustworthiness. that's to the most important candidate quality, they say. and look who is here this tuesday morning, andrea tantaros. welcome back, andrea. >> thank you for having me back. stuart: you never hold back, so i'll ask you a straightforward question. >> sure. stuart: you don't think hillary's going to be the nominee, do you? >> i think she very well could be. yeah, i think they'll drag her over the finish line, the question is, will they when she is politically dead if the fbi recommends charges? will the white house give her or the cover that they've indicated they're willing to give? and by cover i mean the

president sitting down specifically with "60 minutes" a couple months ago. you remember this, stewart. he said, quote, she didn't jeopardize national security which over the weekend bob gates said that she did. he said, look, it's in all likelihood russia and china have her e-mails. the president said she made a mistake. now, this is different from what hillary clinton said last night when she changed her excuse yet again and said i did nothing wrong. stuart: are you saying that all of this scandal around hillary's e-mails won't really matter if the obama administration still support her? >> well, the question is, is the doj going to enforce whatever charges that the fbi brings? and i'm not certain that they will. i mean, some people say they'll have to. i'm not so sure about that. why are they cozying up to each other? why was there a story over the weekend in "the new york times" that the obama administration is helping her campaign with things big and small, was the headline. you wonder what kind of deal that they've cut because

stuart, when you look at this, her behavior, her dishonest behavior with her e-mails, highly incompetent behavior, is not just an outlier, it's the m.o. for the whole administration. they all knew she had a private server. they were on the other end of those e-mails, and they're circling the wag gones, and they're giving her cover. it's a rogue administration, and she's just a part of it. stuart: well, supposing she loses iowa and loses new hampshire. both possible. is she not then politically wounded seriously? >> well, she is, but it all comes down to those super delegates which we're hearing she already has locked up. the only thing that matters is what goes down at that convention. the way that the democratic party system works is anything but democratic. you might as well call them the plutocrats, the bolsheviks. stuart: so the super delegates they run the show, and they're already locked in for hillary. >> supposedly she's got over 200 and some locked in. the clintons have been around for decades. stuart: but that all falls to pieces if she's indicted

doesn't it? >> well, it could 678 are they going to pardon her? stuart: you don't think she's going to be indicted? >> i'm not so sure. if she is, and i'm hearing that she will be. o'reilly and i have a bet on this. i'm going to get a windbreaker and some kind of door mat. [laughter] will the administration pardon her or, i think a more likely scenario, is the fbi will recommend charges. the question is, will the doj bring them. and i'm not sure that they do. stuart: i'm just astonished that we should be back where earn in 2008 -- where we were in 2008 where hillary clinton could possibly lose to a total outsider. back then it was barack obama, now it's bernie sanders. >> it's even worse though. it's even worse because they've never had a candidate who's under investigation by the fbi. the democrats always pride themselves on diversity. that's certainly a new one. and they don't seem to mind. stuart: would you be surprised if joe biden jumped in? >> i would be surprised. stuart: really? >> i would be.

it all depends on timing. it all depends on if and when an indictment comes down. isn't it fascinating? it really is week by week, but she is in big trouble. stuart: and you're having fun, i know you are. >> i grab the popcorn, and i'm just watching. i can't wait. stuart: i'll see you on that show at noon on fox news. i always think it's called ambush. what's it called? >> four ladies and a gent. stuart: thank you very much. staying on hillary, her health under question. she broke out in a coughing fit in iowa yesterday. dr. marc siegel weighs in on this in a moment. so i'm going to take this opportunity to go off script. so if i wanna go to jersey and check out shotsy tuccerelli's portfolio, what's it to you? or i'm a scottish mason whose assets are made of stone like me heart. papa! you're no son of mine! or perhaps it's time to seize the day. don't just see opportunity seize

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♪ ♪ >> i'm nicole petallides with your fox business brief. the dow about 35 points off the highs of the day, right now we're up 233 points as oil gained and helped to lift stocks across the board. the s&p 500 up 19, that's one percentage point, and the nasdaq also higher by 32, three-quarters of 1%. some of the winners here on the dow include 3m, chevron, goldman, procter & gamble, johnson & johnson, three of those names reporting quarterly numbers today. we do see johnson & johnson up over 3 president right now. we're also watching corning, posting a smaller than expected decline in profits, so that was good news for the fourth quarter. it's up about 5.5%. they make liquid crystal display glass products. looking at apple, a close look there, we're waiting for the

numbers after the bell, stay tuned to fox business for that. start your day at five a.m., i'll see you there.

♪ ♪ ♪ ♪ it was always just a hobby. something you did for fun. until the day it became something much more. and that is why you invest. the best returns aren't just measured in dollars. ♪ ♪ stuart: we are following reports of an active shooter at the naval medical center in san diego. an update, ashley? >> yeah. the san diego police department saying they got a call just after eight a.m. pacific time at this navy medical center in san diego, shots fired.

at that time they said they would handle the situation themselves. this is the military police, and as far as we know, san diego police have not been dispatched, although looking at pictures and video from the scene, it is in lockdown, there's no doubt about it. they have some emergency vehicles heading to that area, but we haven't heard anything since. stuart: more breaking news, and this is on the political front we've got a new endorsement for donald trump, and this is a surprise. who is it? >> yes, it's jerry falwell jr. endorsing donald trump for the race for the white house. he calls him a successful executive and entrepreneur and a wonderful father and man falwell says believes can lead our country to greatness again. this comes after the other evangelical favorite, sarah palin, went for donald trump. a lot of people expected palin to potentially go be for cruz. >> yeah. >> same in this story. but trump did speak at liberty university not too long ago, and trump is saying he's very honored by this endorsement and considers falwell a very good friend.

stuart: it was assumed that ted cruz would get the evangelical vote. >> exactly. stuart: but it's not entirely happening that way. >> and the other part of this is you see more and more of establishment republicans starting to move in line with donald trump. who will be next? you saw senator chuck grassley introducing donald trump in iowa. it's happening. stuart: it's fascinate, isn't it? >> it is very fascinating. stuart: all right. now, there has been speculation in the past weeks that hillary may not be as healthy as she claims. a new video is not helping. she's caught having a coughing fit. watch this. >> excuse me just one second here. i have one. stuart: that's a coughing fit. dr. mark marc siegel is here.

have you any comment on this whatsoever? what could cause that? >> well, i have a rule that i don't diagnose over video -- [laughter] but i will say this because i looked, i've looked at this kind of topic before. as you know, i looked at john mccain's records in 2008. i'm interested in presidential candidates and what health they're in. we do know she has a history of blood clots, she had one around the lining of the brain, she's on blood thinners. in this particular event could be many things, could be asthmatic bronchitis, could be something like reflux, drinking too much coffee, or it could be something that you have to be concerned about. we don't have any way of knowing that, but i do want to say in all fairness, fair and balanced, you could have a coughing fit like that and nothing be wrong with you. stuart: look, i do have coughing fits -- >> well, who says you're okay? [laughter] stuart: it's -- >> i'm kidding. stuart: it's a very, very difficult thing because you want your presidential candidate to be in good health, robust, good health. and when you see anything that detracts from that image of

robust, good health, you have to question it. you just do. >> absolutely. and we deserve the chance if she is the candidate, the democratic t candidate, we deserve chance to look over her health records just as we got to pore through like insects john mccain's records in 2008. if there's a question, she's a little o right to see her health records. stuart: but we didn't get to see bill clinton's full medical records, did we? >> that's right. we didn't get to see president obama's, we got one letter saying he's a former smoker. stuart: that's it? >> of course, he works out regularly, he's younger, but we always had a question about -- stuart: has hillary released full medical history details? >> we have a pretty good idea what happened in 2012 with that blood clot. we have not seen her full medical records. stuart: you've not seen her full medical records. >> not yet. but she's not the candidate yet. if the fbi gets through with her, maybe we'll get to -- stuart: if you want to dispel problems, you come out full and

clean especially when you have a coughing fit, and you faint -- >> usually they don't release until they're the nominee, is that right? i actually don't know -- >> i'm campaigning for that now, she's the nominee, i want to see her full medical records. stuart: jumping to the rescue of hillary clinton? >> never. jumping to the rescue of viewers who are curious. >> we want to see the records if she's the nominee. >> if she's the nominee. stuart: doctor, thank you very much. the university of missouri professor who called for muscle to get a journalist out of the middle of a black lives matter protest has now been charged with assault. details next. >> you need to get out. >> i actually don't. >> all right. hey, who works here? help me get this reporter out of here. i need some muffle over here! nobody move! on the floor! hey, do something! oh, i'm not a security guard. i'm a security monitor. i only notify people if there's a robbery. there's a robbery! why monitor a problem if you don't fix it?

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stuart: university of missouri communications professor melissa klick made news when she tried to physically stop student journalists from filming a protest. now she's been charged with third-degree assault. gillian melcher is here. where did the assault occur? >> well, not only when she called for muscle, but when she actually grabbed his camera and yanked on it, trying to throw it to the ground. that's where the alleged assault took place. stuart: third-degree. >> yep. it's a misdemeanor. it's only a misdemeanor, and what i think is so shocking is

that this is a college that is otherwise on obsessed with creating safe spaces for students. here you have a professor allegedly assaulting a student and she's kept her job. stuart: now, she's still a professor? >> uh-huh, she is. stuart: i thought she'd been dropped for a couple of months -- >> she can't teach journalism anymore, but she's still in the communications department, and 115 professors signed a letter supporting her staying on as a professor and saying the media was being mean to her. [laughter] >> oh, boy. >> it's crazy. stuart: fantasy land here. 115 professors from around the country -- >> from that university. and her supporters are nuts. one of them told me he wants to bring back the guillotine, cut off the koch brothers' head. stuart: i wish we had more time. >> thank you. stuart: more "varney" after this.

stuart: as you leave you, we are delighted to tell you we have a rally. the price of oil is up over a dollar. my time is finally out. neil, it is yours. neil: it appears to be a lockdown situation in san diego. it is not confirming. we are told that workers have been told to seek shelter because of a possible, and i stress, possible, active shooter. all are in lockdown just as a precaution. we have been told that the san di