pleasure. that will do it for us today. big show tomorrow. join us on 6:00 a.m. on "mornings with maria." time for "varney & company." stuart have a good show. stuart: thank you very much, maria. it doesn't matter what he says, doesn't matter what he does, donald trump keeps his big lead. doesn't matter what she says or does, hillary clinton heads deeper into trouble. good morning, everyone. there is a lot to go at. start first thing this morning when quinnepiac released it is new poll. trump 20 points out front. hillary statistically tied with bernie sanders. this is national poll just like a presidential election. wait until you see the full results. the fbi says to apple, unlock the san bernanadino terrorists iphone. no, says tim cook, not going to do it. it is safety versus privacy argument playing out in real time with a real terrorist attack. stocks going up again today.

dare which say solid rebound. a lot depends on oil talks going on in tehran, yes. iranians have now a say in our stock market? whoa, watch out your screens are going to light up today. "varney & company" is about to begin. stuart: big story breaking now, and apple is in the headlines. got nothing to do with new products, far from it. a judge in california orders apple to help hack into the san bernanadino shooter's iphone. apple says, no way, not going to do it. take us through it, ashley. >> it is interesting. shooting happened in december. ever since then the fbi is not able to get through encryption on the iphone recovered from a car involved in the final shootout with the two terrorists who were killed. federal judge you now ruled that

apple should indeed provide the fbi with software that will enable them to disable the encrypted security on the phone. here is what apple ceo tim cook says, he says no. we have no sympathy for terrorists but now the u.s. government asked us for something we simply do not have and something we consider too dangerous to create. he goes on to say, the government is asking apple to hack other own users and undermined decades of security advancements that protect our customers. all right, so this is an issue that ultimately will go to the courts to the very top i believe. stuart: you think so? >> i think so. here is my thought what its worth. what if there is information on that phone about another terrorist who could indeed launch another attack and take lives? what does that do to apple then? stuart: precisely. that's it. >> that is my thought. i understand what tim cook is saying. let's be honest, this is terrorism. this is where our lives was threatened. >> we knew this was coming, right?

this apple versus privacy issue was bound to get to the supreme court sooner or later. they are dug in and fact they won't accede to judge's request and it will be shocking and shocking to most americans. >> i think so too. stuart: it is about a real life terrorist attack. >> not theoretical. stuart: this is not theoretical. more of course later on in the show. three days to the south carolina primary. two big stories on politics and votes here. the donald trump juggernaut rolls on. hillary clinton is basically tied with a socialist. let me give you the latest "qunnipiac university poll" numbers that came out 6:00 eastern time this morning. trump has two to one lead among republican voters nationwide. look at that. 39, rubio, 19, ted cruz 18. further on down the line, john kasich six, and jeb and dr. ben carson tied at 4% each. there is 9% undecided by the way. point being this poll was taken before, during and after the

republicans fiery debate on saturday. on democrat side, look at this, hillary clinton with just two-point lead over bernie sanders. and that's within the margin of error. that is a statistical tie. what do we talk about first, hillary's tied with a socialist? >> it is unbelievable. it is unbelievable. she had a crushing lead just two months ago versus bernie sanders. this is state not the particularly favorable to bernie sanders. >> can't figure out whether this is more how bad hillary is rather than how good bernie sanders is. stuart: larry sabato is with us. he has a phone stuck in his ear because we have a couple of audio problems. he can hear me and we can hear him. how about this? trump, he can say anything, he can do anything, and he still comes out in front. what do you make of this, larry?

>> well, that's mostly true, except i think he really was hurt by his debate performance saturday night. i think he went too far in attacking george w. bush and blaming even 9/11 to a certain degree on him. why is he still doing well? because i think president obama either intentionally, or unintentionally came to his rescue. his attacks on trump clearly have helped trump to recover. he was, trump took a hit. trump took a real hit after that saturday debate. stuart: wow. how about hillary? are you as shocked as we are that she -- i can hear you laughing, are you as shocked as we are that the woman who was going to be crowned as the new president is tied statistically on a nationwide basis with a socialist? >> well, think back over her whole career. she is always in trouble. seriously.

one way or the other, if it isn't in the polls, it is emails. if it isn't emails something to do with her husband. i will say this, she is tied in the q poll. go back to the last q poll. she was tied in that one too. there is actually no change in that particular poll. but the important point is what you suggested earlier. it is almost unbelievable that she is tied or close to it with a 74-year-old socialist. i mean, think about it. and i really do agree with what you suggested, which is, this is more about her than it's about him. stuart: yeah. dare i mentioned name joe biden? because, i'm not being facetious here. i'm really not. the, the further hillary falls, then the more likely joe biden run, surely. >> yes. look.

here's is going to happen if hillary loses nevada and loses south carolina or even within 10 points, if it is single digits because she has every advantage in south carolina. south carolina she ought to win as big as bernie won new hampshire. if those things don't happen, then, i think they're going to need to install more telephones on joe biden's desk because that is how many calls he is going to get begging him to run. stuart: larry sabato, i think you got it right there, more phones on his desk. larry, thank you very much indeed. we appreciate you being with us despite audio problem. good stuff. >> all right, thanks. stuart: let's get to the markets. there is a lot going on there. the looks like higher open for stocks today. please remember last friday, up 300. yesterday up 200. up 150 in opening bell in 20 odd minutes time. is this going to last? more on that when the market opens.

there is a big story for all the markets actually, that is, oil. representatives of opec countries are in tehran, trying to persuade iran to join the first global pact in 50 years. that is a freeze on production agreed to by four nations. there was a caveat to the freeze. they will freeze if iran does too. they're talking about now in tehran. when we get news from the talks, watch out, both oil and stock markets could move on the oil talk news. go back to politics, shall we? why not. president obama takes direct aim at donald trump, pulls no punches. no tape. >> i continue to believe mr. trump will not be president and the reason is because i have a lot of faith in the american people. and i think they recognize that being president is a serious job. it's not hosting a talk show, or reality show. stuart: didn't take long.

donald trump came right back. here's the response from trump. >> he has done such a lousy job as president. [cheers and applause] for him to say that actually is a great compliment. you're lucky i didn't run last time when romney ran because you would have a been a one-term president. stuart: typical trump you have to admit there. liz, what do you say? >> i think they're both right. i think it is a serious job and i don't think president obama has done a good job. what we heard from larry sabato, this has helped donald trump. it elevates his status to have obama call him out in a press conference certainly. talk about how serious president obama is. he is hosting the asean nations. china thumbed his nose at obama by militarizing island in south china sea they recently promised never to do. not brought up at the press conference. apparently again we're taken by surprise.

obama weighing in on candidacy about donald trump is about as important to me as what he thinks about diced tomatoes. stuart: do you agree with that? president obama helps trump by weighing in. >> those that don't like his administration and job he has done gives mr. trump another boost. stuart: problem for hillary because she is closely tied to president obama. >> yes. >> she has done that because she wants minority vote but it is backfiring. >> that is interesting thing. she wrapped herself in obamaism, i think it is a mistake, another mistake in hillary's campaign. stuart: all right, everybody, i have two videos to show you. start with the westminster kennel club dog show. cj a sherman short haired pointer, wins best in the show. there you go. the lady in the white outfit there. that's the dog. that's cj. a german short-haired pointer. we got that one? >> got it. stuart: beautiful dog, no question. how about this? a rare moment of anger from pope francis. the holy father angry at a crowd

in mexico for tugging at him. made him fall on disabled man. he told them, don't be selfish, don't be selfish. goes to the u.s.-mexico border. more today on that with father jonathan morris. apple back to that. it says it will not unlock the iphone at san bernanadino killers. privacy versus security at large. judge and i debate it in a moment. vacancy on the supreme court. big deal for america as the presidential election, as big of a deal in fact. who are we? how do we interpret the rule book otherwise known as the constitution? pet moments are beautiful, unless you have allergies. then your eyes may see it differently. only flonase is approved to relieve both your itchy, watery eyes and congestion. no other nasal allergy spray can say that. complete allergy relief or incomplete. let your eyes decide.

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stuart: you know it's a fair question, by the way you're looking at kinder morgan. it will go up when opening bell ringses about 15 minutes from now. why is it going to go up? it's a pipeline company because warren buffett has bought a stake therein.

bought a stake in it. up she goes. here is a valid question. that futures market opening 9:30 this morning you could say we're on a role. up 200 yesterday and up another 100 plus this morning. that is solid rebound, will it hold? we're on it. believe me we're on it. can't stay away from apple. why should we? it's a big story. one of the san bernanadino killers had an iphone. now the fbi needs help hacking into it to get information out of it. apple says, no, not going to do it. all rise, judge andrew napolitano is here. >> what kind of brush do you want to paint me with this morning? stuart: a nice one. my position is, do it, apple. unlock that iphone and let's get the information we need on these killers. to me it's a question of security. i'm sure you see it the other way around. make your case. >> not only do i sigh other way around but congress sees it other way around. guess what hacking is?

a felony? guess what federal judges can't order you to do? break the law. if the fbi really needs to conscript a private person -- stuart: apple. >> sure it would. stuart: no, it wouldn't. >> hacking is defined as the unauthorized entering of somebody else's computer for a purpose not served by the owner of the computer. this guy's dead. the feds are unable to get in there because they lack the intellectual firepower that apple says. stuart: no. they lack the key. apple has the key. >> according to apple they don't. stuart: they can create the key. they can create the key. if that is the case, it would not be hacking would it? >> it would be hacking if the fbi conscripted someone against their will to break into somebody else's computer. stuart: you're technical. >> what is technical about congress writing a law? congress wrote a law saying you can't do this, whether fbi, nsa, president, stuart varney, tim cook, you can't break into

somebody else's computer. stuart: break away from the technicalities. >> congress wrote the law. if congress wrote a law saying, if you're in the computer business and fbi comes knocking, you better help, that's a different story but congress wrote a law that says the opposite. stuart: okay. >> surely you believe in obeying the law, mr. varney? [laughter] stuart: yes, i do. supposing congress, let's suppose congress goes along with this. there is a new law, you can do this, you can do this, then you would have no objection? >> it would be a harder case to make if congress had, if congress had authorized it but there are serious problems with forcing a private person to work against their will. that's called slavery. stuart: oh, come on. that's a stretch. >> no, if the fbi want to go out and hire people, even hire them away from apple, it has every ability to do that but to force apple to do something against

its will, at its own expense is prohibited by the constitution. here is where i think this will go. stuart: in interest of safety? >> this is not the ticking time bomb case. the owner of the phone is dead, thankfully. in my world this wouldn't have happened because the people in san bernanadino would-be armed and shot back at him. that's another story. stuart: that's another story. >> the fbi can subpoena the phone records and do reverse engineering find everybody that called that phone and find everybody that called out, can do that without breaking into the phone. stuart: maybe. i'm not sure the technicalities. >> this, sr. with the supreme court goes, from where justice scalia. this is the first of many of these. i'm glad tim cook refused this, this magistrate judge that usually goes with discovery matters and should be ruled on district judge and court of appeals and eventually the supreme court of the united states. i predict the congress will weigh in on your side and that

will make the tim cook argument more difficult. for now i think tim cook is applauding the constitution. i applaud him. do you applaud me, mr. varney. stuart: i applaud a amicable discussion over very serious issue which we always manage to do, judge. we're good at this. >> all right, sir. stuart: all done? [laughter] as always, judge, thank you very much indeed. >> have mrs. peek ever heard the queen on this set? stuart: she has now. look at that? did you see that, we'll open 150 minutes higher. are we happy? come on, everybody. we found somebody really bullish and put him on the show in just a moment. okay? coming up next, uh-oh, another salacious story from bill clinton's past. this does not help hillary. back in a moment.

donald trump: "people love me..." donald trump. look past the boasting and you'll see right through him. he supported partial-birth abortions. his phony trump university? accused of fraud. he tried to seize private property to line his own pockets. four bankruptcies... and small businesses screwed over. poll after poll shows him losing... to hillary clinton. if trump wins, conservatives lose. right to rise usa is responsible for the content of this message.

stuart: another alleged bill clinton mistress has come forward. she claims she had an affair with bill back in the 1980s. salacious details? we're not going into that. >> why not? stuart: stop it. latest poll, bernie sanders basically tied with hillary clinton. that is a hillary clinton problem. liz, when, when hillary uses bill clinton on the campaign

trail and more details of alleged affairs come forward at this time, that doesn't help hillary, does it? >> no. it drags the country back to a time we really don't want to relive and really hurt's hillary's pitch she is pro-female, that she is feminist. what are women to think of a woman basically gone along with her husband's multitude of affairs, misbehavior towards women, et cetera? that is not feminism. i don't know what it is. it is not very attractive and knot helping her woo young women or anybody else. stuart: to ditch bill now, what are you going to do? you're right in the middle of a campaign. >> she doesn't have the charisma and presence. >> that's true. >> looking very -- not sure he is helping that much anyway. >> he goes off the rails all the time. he made a speech the other day talking about human game no, ma'am and how we're all mixed race people. hillary's campaign was scratching her head afterwards. stuart: i saw that sound bite.

i didn't have a clue what he was talking about. >> nor did anyone else. i heard him speak recently. he rambles and kind of goes far afield. controlling him in the past was difficult. now it is impossible. stuart: youngsters going for the socialist. >> the revolution. stuart: stop it, stop it. look at this. let's, look at this, dow futures, you're going to be up again about 100 odd points when we open up today. third straight day of solid gains. i will call it a rebound. see how it works out. because the pope is going to the border today, donald trump saying that the pope is political, okay? the pope does go to the border today. trump said on this program he is a political person. we have the vatican's response to that. coming up on this program, shortly. i have asthma...

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journey into bits is shaping up as an exciting day. or did five seconds to go before the trading sessions began. it is a wednesday morning. a lot going on in the background and everything by the stock market trading in the background oil talks going on now in tehran. some of the ministers are in tehran trying to persuade the iranians to go along with the oil output freeze. for countries agreed to it

yesterday. now they've gone to the iranians. will you agree to it, too? when we get news from the oil talk meeting, it could move the market, not just the oil market, but the stock market as well because oil of common stocks. oil downtime is knocked down. that's how it's been going. wait for the result of the talks. it is now 9:30. that means the trading session is the gun. we are going up 41 points. 43 points -- here we go. i thought it was going to 100 points. it is 48. thank you indeed. ashley webster is here. jo ling kent is here. kevin kelley sitting right next to me. my reading is this. the oil talks in tehran are very important for stocks and oil. you agree with me? >> i do absolutely agree with you. the one thing i have to ask is with iran finally losing from

the sanctions unable to produce more oil, are they willing to say we are going to voluntarily hold back as well? they are in bad shape right now from all the years before. they need to get money in their system. even if they say they will, i don't see them holding to it. stuart: that is important. no matter what they say, they will freeze their production. when the news comes through from the sonics, that will be a headline. we don't believe a word of it i'm assuming. ashley: i don't think the freeze makes that much difference. they are pretty high in january and we have an overabundance out there. i don't think it's a huge impact anywhere. absolutely they just have the shackles removed. they want to pump oil as fast and quickly as they can. they are going to do anything like that. >> we get along.

all right, kelley. stuart: i have said the oil talks are important in the headline will move the market. i don't care what the iranians say in public, they public, they anchor in a free spirit you say what? >> the oil market don't know. i don't think these talks can move much anyways. we are under 30 as it is. going back to the same point. talk is cheap especially when it comes to these countries talking together. stuart: got it. the big work to enhance minutes into the trading session. we were up 100 points higher. going up a little bit, ever so gradually. kevin, i say this is a solid rebound. 300 points friday, 200 points yesterday. 100 now. that is pretty solid. do you agree with me? will it last? >> it is not going to last. nothing changed fundamentally on the global growth story. we are still having an earnings

recession here in the united states. we are not growing. if you go back to historical norms with the s&p 500 trades at a 15 p.e., if we get $120 in earnings, that equals 180125 is 1875. this is all macro news that is making a move. people are short covering and trying to digest the earnings season. stuart: said there is nothing to it. >> no, nothing fundamental changed it. stuart: kelley, you may be back on the show. we will see. goldman sachs -- i'm not sure i understand this. goldman sachs says sell it now because it's going down to 1100 in the next three months. they made 1100 even. in other words down 100 bucks announced in re-months. anything to add on to this anybody? >> this is basically going into the play the central bankers are still going to prop up the market. when that happens, people go into risky assets and other assets that can produce returns

and cash flows. that is their whole pieces. they don't think central bankers across the world are going to tighten. stuart: we've got the next nation. they go down to $1000 an ounce, $200 lower per ounce within a year. within a 12 month timeframe. g1 a comment about one? >> i think what it's going to happen is that if the market economy can use to muddle along and not get much worse, you may come down. i'm always suspect when any firm it says it's going here or there. if you look at goldman in the past on many things they way overshoot either side. as far as a thousand dollars am not so sure. 1103 is the bowl. stuart: warren buffett has bought a stake in a pipeline operator. that would weekend the morgan also added to his stake. explain why he's biting his stake on the pipeline company.

jo: he didn't say specifically that we did the shares to what appeared 65% down all of 2015. this is a buying opportunity for berkshire hathaway. stuart: it is a bargain. jo: you have to think about how berkshire hathaway how berkshire hathaway invents long-term investments. this is an oil pipeline operator. this is potentially good investment in the long-term because oil pipeline last a long time. the disclosure was the first time he disclosed it. 26.5 million shares. >> the big takeaways we don't know if those warren buffett who did this or another investment manager. it was a smaller position. stuart: warren buffett proposed keystone pipeline because he wanted oil to be carried on his railroad tracks in the not in a new pipeline. now he is buying into a pipeline company because it's depressed. why are you laughing?

jo: we don't know if it's going to be part of it. it is an interesting story given how much we focus on oil over the last year. stuart: i just got sharp elbows. he wants inside my wallet and i resent that appeared >> vote down the other pipeline and by the other game in town. stuart: kelley, you have reprieved yourself. higher profits and sales at priceline. i guess that makes it a winner. adam shapiro at the new york stock exchange. >> the guidance was really carried. the stock 11% right now. up in the premarket. they've been on revenue to -- 504 million for the quarter. but it was the guidance they say that the revenue guidance for the current quarter will be from 9% to 16% at around 2.01 billion to 2.14 billion. maybe should tell the microsoft stock and look at this although it's kind of expensive at 1200

bucks in change. stuart: very funny, shapiro. very funny indeed. maybe i will buy berkshire hathaway. how about that? profits for fossil despite the strong dollar. look at that. they've got good profits. 20% higher? how about that. >> they got beat down over the apple watch situation. that was a big concern and they do some private labeling for other brands that have had a hard time selling in the holiday season. stuart: potbelly. i think that the sandwich company, isn't it? 11% higher. how about this one? t-mobile higher profit, better sales, are they up? yes, nearly 3%. campbell raising its outlook a new high for campbell's soup 61. any comment from anybody about

super watches? no, they are all quiet. >> this is consumer spending. we are saving at the gas than i think the consumer has a higher condition that the lower oil prices are here to stay and they are putting it to work. stuart: bring us up to date on apple, ashley. stuart: 97, okay. >> a couple things. selling up to $12 billion in bonds to pay for dividends, share buybacks thereby what they do that with a $215 billion? 93% is overseas. >> they brought it back to pay 35% tax. it's cheaper for them to borrow. stuart: and many don't pay the tax. how about lowering the tax rate? top investors, carl icahn, david einhorn selling stakes in the last three months in apple. einhorn 4.9 million shares. that is kind of interesting.

stuart: that is not affecting the stock, but there is this huge story around apple. ashley: lastly with the fbi wanted to force them to come up with some sort of software that will break the encryption on the iphone taken from the terrorists in san bernardino. jo: it is a standoff of the ages and we expect a case to go potentially as high as the supreme court. that's what lawyers call me this morning. stuart: tim cook got a very strong statement. transfer it's no different than everything it stood for before. stuart: i think that might be an election issue to some degree. stuart: certainly a big debatable issue in congress. big tech names. we watch them every single day because that is where your money is going to past year. amazon 524 this morning. netflix at 90.

we got back to 90 and netflix don't forget facebook moved about $100 a share recently back about 100 holding up 101 this morning, virtually dead flat. cheap oil. this is an extraordinary story. i had a lot of people in my family delayed badly on the airlines recently. so i care about this. cheap oil means cheap chatfield for the airlines raising fares again. talk about it. transfer jetblue raising fares by $6 for the second time this year. other airlines have follows suit. air canada. what you see here is fares overall have declined according to the department of transportation. but that is down off of very high highs. you still have oil, fuel surcharges not be waived and so the overall price of the ticket is not getting cheaper. stuart: this is another story. this caught my eye yesterday. make sure i've got this right.

in 2015, not a single airline passenger died on any airline on any flight anywhere in the world for the entire year from accidents. that's true? ashley: not true at all. you must have read it wrong. transfer if you are specifically citing accident or propeller accident commercial airliners in the matcher jet light then you are correct. stuart: yes, i am correct. ashley: you didn't say jet planes. there was 136 deaths/year from planes that fell out of the sky. stuart: let me repeat from "the wall street journal" according to the international station authority, not a single passenger was killed on a commercial jetliner from any

airline on any flight anywhere in the world in 2015. jo: by accident. stuart: that includes bad weather, that kind of thing. are we all in agreement? jo: it is safe to fly to your plane goes down in terrorism. >> they are raising prices on the airlines. but it's a miserable experience. it is still terrible. enjoy free pretzels. stuart: checked the big word. nice game, triple digits. 136 points higher as we speak. donald trump is on this program. we asked him about the pope's visit to mexico in the border. trump called the pope a very political person. having said all that, the vatican is now responding. you will hear it. speaking of donald trump, he says george w. bush lied about weapons of mass distraction. we have a former navy seal who think trump should be

commander-in-chief despite what he said about george bush. more "varney" in a moment. ♪

>> the pope is a very political person. i think he doesn't understand the problems our country has. i don't and can't understand the danger of the open border we have with mexico and i think mexico got him to do it because the go wants to keep the border the way it is because they are making a fortune. stuart: you heard it. donald trump on this program says the pope is a political person for going to the u.s.-mexico border. the vatican is responding. ashley: that is great the vatican is listening to "varney & company" here this is the

response to what mr. trump had to say. the pope always talks about migration problems all around the world. other duties we have to solve these problems in a humane manner of posting the mother country to search the dignity of. the globalization of different refugees and he is going to be visiting the border today between morals and el paso. stuart: i've no objection when the pope response to something on "varney & company." i'm flattered by that. i don't see why we should automatically be responsible for those across our border illegally. ashley: that never comes up in the argument. stuart: donald trump go in after -- said he lied about weapons of mass destruction. a trump supporter. you are a former navy seal. is that correct? this is a big deal. trump goes right up there and

says george bush lied. he did not lie. i would get that right out there. you're a trump supporter. how do you feel about trump saying george bush lied? >> i want to be clear i have a measurable support for george w. bush. i am not sure if george bush lied about it. i think he was given misinformation. stuart: he didn't lie. tonight the fact of the matters he came out with a strong statement. what i respected my he has a string commander-in-chief who sent in by his statement and the moral courage and conviction he has and he will fight the war in isis in fix the economy and apply the same thing to that. stuart: he is standing by his own life. what he says george bush lied, he applied himself. >> the administration george bush has given improper information and that was applied to the war to use the narrative.

did we go in for the right reasons? maybe, maybe not. i don't think he is trying to say exactly george bush is a liar, that the administration misled the american public. stuart: if you are still in the sales on active duty in donald trump was commander-in-chief, you'd be comfortable with that? >> i would be very comfortable because he's going to get the lawyers off the battlefield. he doesn't go into business deals half. he goes into when, to come up with the best possible resolve. he doesn't pander to the political correctness had the same for his campaign. his goal and mission is why i want him as commander-in-chief. >> you would get the lawyers off the battlefield. there's a famous story of the defense secretary in the early days of the word in afghanistan threw a chair across the room on the ground that a lawyer has said you can't go after the second in command. you can't do that.

he would check the chair across the room. >> we teach soldiers to train soldiers to the millions to billions of dollars to get bullets and bad guys. bring them home and then a bunch of diplomats to see how it works out. stuart: a big trump supporters still. thank you very much. check her big board. we've still got a triple digit gain. 114 points. higher profits at gartman. the response of the stock. that is group on way down. i'm not sure why they would of went down. ashley: the gps.. 13%. are we seeing some big percentage moves today? yes, we are. the supreme court power dividing republican evangelicals. our next guest says it is

pushing evangelicals towards ted cruz. he is going to explain that in a moment. ♪ thanks for doing this, dad. so i thought it might be time to talk about a financial strategy. you mean pay him back? so let's start talking about your long term goals. knowing your future is about more than just you. it's how edward jones makes sense of investing. this just got interesting. why pause to take a pill? or stop to find a bathroom? cialis for daily use is approved to treat both erectile dysfunction and the urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex do not take cialis if you take nitrates for chest pain, or adempas for pulmonary hypertension, as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, get medical help right away

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this supreme court justice that we are a game changer for the gop race for the presidency. and that affects evangelicals in the presidential race. our next guest is mr. jeffries. i looked at my notes here. thanks very much. welcome to the show. you say that the supreme court vacancy and the debate about it is going to push evangelicals towards senator ted cruz and must towards donald trump. make your case, sir. >> well, i said it should do so. after all, cruz has been campaigning on issues and need for justices for months. evangelicals would go towards cruz and get the latest polls out today showed trump is leading by 20 points among evangelicals in south carolina.

so i think you have to ask the question, if ted cruz can't win on this issue with this group of voters in south carolina, where is he going to win? this was his campaign in serious doubt. stuart: i want you to repeat that because i've not seen that pacific pole. in south carolina, trump holds a 20-point lead over ted cruz among evangelicals? anyway you can explain that? i would've thought that would be the way it worked out. >> i think it is a shocker for many, many people. here is what i think is going on. first of all, trump is the true outsider. ted cruz and marco rubio want to say they are outsiders. anyway you look at it, they are part of the elite group of 100 called the u.s. senate. that is going on in true is also benefiting. as long as you have two or three non-trump contenders, and he will continue to do well. stuart: could you also say

people knowledge to be evangelicals don't necessarily vote their christianity? maybe they both straight politics. they want change and trump is the guy to do it. look at that. the screen went dark. i think we lost our guests. it is a good question, though. stuart: you had me on the edge of my seat. stuart: we have lost him. that poll is interesting. ashley: fascinating for bernie sanders. terrible for hillary clinton. rest assured whether it is a vote for ernie for the satisfaction with hillary. stuart: quinnipiac showing hillary 44, sanders 32 with evangelicals going to trump by 20 points over ted cruz. i was a shocker. that's up 134 points. is hillary clinton in trouble? she's in a virtual tie with the socialists.

that sounds like trouble to me. the second hour of "varney & company" is two minutes away.

stuart: almost 10:00 eastern time. the big stories in the second hour of "varney & company." it doesn't matter what he says or what he does. donald trump holds a dominating lead in the national polls. to the democrat side, hillary clinton, bernie sanders virtually tied. clinton has a problem, tied with a socialist? the pope live in mexico city right now. that is his plane. he is going to the u.s.-mexico border. he is going to support the migrants. we have father jonathan morris coming up on the program. the question is holy father too political? here comes our too. ♪ stuart: starting with apple.

a judge bird or an apple the fbi break into the san bernardino shooter's iphone. apple says not going to do it. but mcdonald following the story. >> basically line for smith and apple is putting himself above the law and public safety at risk. tidied farouk was holding weapons and they are afraid he was communicating with other terrorists to injure people we on the 14 he killed and 22 he entered. mid-october day disabled his ipad account. they are accessing the account. that cover is disabled. this hiding his terrorist communications and is lance. they have also been saying the apple is helped the fbi breaking into whether i found. they don't understand why this case is any different. stuart: apple could do it. could create a key, new software that would unlock the iphone so you can get at it and find

out what is inside. liz: correct. the only one to access that iphone. but they are saying the master key could be used for other devices. stuart: if you create that master key, that is what happens. you don't know who else is going to use that key. liz: law-enforcement essay they could shut the key down. banks cooperate with terrorist financing, tracking for example, osama bin laden. so why is apple any different? why silicon valley and a different from helping my enforcement and catching the bad guys and stopping future attacks. that is what the concern is. if that was hoarding weapons in making bombs. stuart: safety versus privacy writ large. liz: those are the angles. ashley: a real terrorist attack for heaven sakes. stuart: it's not a theoretical thing. it happened. look at the big word.

up 200 yesterday. up 143. the question we ask all day long, will at last? how about oil? there are talks right now in tehran were oil producers are asking iran to join the output frees. we will get results from the cockpit on point today and we would expect the stock in oil markets to move on that. speaking of oil, a pipeline operator. warren buffett is buying a stake in the stock and it is up 8%, 9%. high profits and sales at priceline. there is a winner. up $129. it is about 250 for an all-time high. liz: when is the stock going to split? stuart: when you see a stock of that size up 11%? i'm calling this a rebound on the big board. look who is here. charles payne.

i understand you are select it. you're not saying get out there and died. you are bullish on some stocks at some point. >> absolutely. i've got to tell you, here's the thing i would like to see. oil stable, dollar week, consumers and. those are the four things that right now we want to sustain rally and those are the things we need to see. we are coming off a perfect double bottom. we are now 400 points ahead short-term traders. that gives us this rally here. until the dow closed at 16,500, and not going to go nuts about this being the ultimate move. stuart: you've got four things. the first was what? >> oil is stable. stuart: you could say it is relatively stable. would that make you happy? >> would make you happy for right now absolutely.

it's going to be an area of less than 27. even saudi arabia loses so much money. stuart: point number two? >> the dollar is weak. it has been getting weaker. it was true strong. mildly weaker. this is intriguing. wages are starting to go out. but the last couple years we've had more disposable income than we had before the great recession. the reason for this as we lost our houses. we love our cars. ironically we have the cash. when we start spending they should look at today's fossil. fossil was the huge. by the way of the last five days, the s&p 500 or consumer discretionary at 4%, far and

away. stuart: -- >> consumers spend on things they don't died. liz: you didn't get the buzzer? >> dings like toothpaste. >> are going to to raise rates were at times. talking about breaking up big banks. i am not sure i like his bernie sanders approach. stuart: you make a lot of sense. you are basically a list for individual stocks. you are not negative. don't say that. you've got to tune in at 6:00 tonight. it is called making money with charles payne.

and then you will hear the list of goodies for you could make some money. >> that's right. stuart: you are all right. let's get to politics. the latest quinnipiac poll shows donald trump with a commanding lead. 39 trump, 19 rubio, 18 crews. then move on down the line. kasich 6%, jeb bush, carson tied at four. that is a national poll. the democratic side, hillary is in the lead just 44. sanders at 42. that is a statistical dead heat within the margin of error. george w. bush is with me now. i want to concentrate on the democrat side. to me, that is more surprising than the trump side. if hillary is tied with the socialist government that is big news.

but if they tell you? >> it is absolutely big news when you look at it from the fact what is motivating is the first time voters coming out, these young voters coming out in support of bernie's revolution. they really shows a shift and i think in america altogether where the democrats are really going towards the left. they are shifting towards the far left. and it also says some in about hillary clinton. despite the fact she is major and persons in many states, despite the fact she is fact she is raised when a come as a superdelegate at the time, she has the fundamental problems about trustworthiness, honesty. it still plagues her and missal clicker throughout the race. stuart: larry sabado knows a thing or two about politics is on the show. they will have to install a new phone bank to vice president joe biden status. i think it is met with seriousness they are. you've got to be looking at joe biden as a way out of the mess.

surely the democrats don't want to go to the country with a socialist, do they? >> i think for hillary she is placing her bats in the southern states. she wins by four or five points, illegitimate win for her although she would want to win by 10 or 15-point. but then she is targeting southern states because you have a lot of minority voters out there. they have historical ties to the clintons. if she's able to have the big wins in states like south carolina, florida, texas. we cannot ignore the feel the bern movement. it is real, have lamented. the clinton campaign is panicked in nevada and is going to depend whether to these young first-time voters. also latinos and african-americans in the states like nevada that go out for bernie. stuart: have got to get this thing. you must be throwing up your hands in despair because you are

a donald trump supporter, but no matter what he says, what it does, he can call former president bush a liar and his still got a huge lead in a national poll. >> first, i stayed independent in this race and i'm responsible to these candidates. secondly, for trump it has been amazing to see the fact that although he mentioned george w. bush lied about the weapons of mass destruction, although he keeps going after ted cruz on being a liar, it is working for him. he still has that support because he's able to say to the very simplistic message of i'm owing to build a wall. i'm going to take whoever takes him down and he is about focusing on his messaging on the voter. it is working. this whole economic quinnipiac was last week for the saturday debate. stuart: it was before, during

and after. >> i read it was before. february 10 through the 15th. stuart: it was the 10th through the 15th. that is before, during and after the debate i declare. >> the numbers are really outstanding of very favorable towards trump. stuart: fascinating stuff. equally fascinating in my opinion will be the stock market. we look at this? now up 180 points. that is the high of the day. we weren't on the essay and assist a solid rebound? we are after 41 minutes a business i think we can say. so far a solid rebound. alas, pope francis heading to the u.s.-mexico border today. the holy father says fix the immigration mess. is he getting too political? we know what donald trump thinks. >> the pope is a very political person. i think he doesn't understand

the problems our country has.

stuart: i bet you like the look of this week the dow jones up 186. stuart: do not. that would be almost 700 points up since friday morning. almost as we stand right now. that is not bad at all. the price of oil. but take a look at that. 29.92. oil is the center of market action. there are talks going on in tehran. oil producers want the iranians to join the club and for his production at january about most. so far the outcome of those talks i think will move the market. we will have a market movement. if they say we are going to cover that a market move. moving on, devon energy down 10%. biggest loser in the s&p 500. they slashed the dividend, cut spending. getting slammed obviously by

cheap oil. gail cash carries the man who oversaw the bank bailouts. nearly put the federal reserve president said this morning on fox business that there is still a risk of another financial crisis. roll the tape. >> the only business survived as the american people stepped in. let's be honest with the american people. the banks are stronger today than they were eight years ago. they do have more capital, better the quiddity. have we taken the risk of a financial crisis of the table? no, we haven't. stuart: didn't he go on to say break up the details? >> here we are seven years later. the big banks are still too big to fail. he says we need to take transformational actions. what does that mean? bring in experts. that means you are truly in trouble from around the country. but all the options on the table and give congress a chance. get in the congress involved.

hopefully go further to make these banks not too big to fail because we haven't learned anything. liz: bernie sanders and elizabeth warren is cheering this on. stuart: we need a committee on this one. ashley: will form a committee. liz: at the marvel comics justice league. stuart: a camel is a horse designed by a committee. who said that? ashley: winston churchill. stuart: people to crossover from texas and mexico they want to witness the pope sent with my friends at the border. i asked donald trump about the pope's visit to the border a few days ago. watch this. >> the pope is a very political person. i think he doesn't understand the problems our country has. i don't think he understands the danger of the open border we have with mexico and i think

mexico got him to do it because mexico wants to give the border the way it is because they are making a fortune and we are losing. stuart: we are flattered the vatican is running to us in our program. a spokesman released this statement. the pope always talks about migration problems all around the world of the duties we have to solve these problems in a humane manner. posting those in other countries in search of a life of dignity and peace. father jonathan morris is with me. when the pope goes to the border he the border he is stating that the migrants. yes, humanitarian gesture. of course it is. it is also a political gesture and that is where i part company with you. >> when you pursue justice, when there is tremendous injustice and corruption in all sorts of things, there will be political consequences. what the pope is doing is pursuing that just it. there will be political consequences like donald trump and sugar created. that is what makes it political

partisan no doubt. pope francis has spent the last six days going up and down the country of mexico, calling a politician's for the corruption, calling a drug worth saying they have blood on their hands. at the end of the state is going to the root problem of why people are leaving, he's going to be laying down and saying too many people have died to make this danger. >> sounds like the manners for open borders. >> is going to lay flowers at the site where people die trying across the border border. >> absolutely. someone is calling attention. stuart: it is our responsibility to take demand and close them and feed them. >> this is what he is actually said. he said countries need to come together in central america. mexico, united states and fix the mess that is immigration right now.

the united states of america has given tacit invitations for people to become across the border. if you get across the border, first about, first of all we will leave a very porous border. once you get over here, you can get a job and we will not be punishing your employers. that is a tacit invitation. stuart: he's blaming america. are you blaming america for the border crossing? >> he spent six days blaming corruption in the drug lords. and saying that is the root problem. that is the root problem of their departure. then he's saying, wouldn't you agree, stuart, that a cap invitation by leaving a porous border and say come and get jobs. we are not going to punish. that's the system. >> he is the one who's black. he wants to normalize 4 million emigrated and give them a green

card or drivers license or whatever it is. >> right now we have a very broken system that includes a porous border, that includes offering people jobs once they get here, luring people to come over saying that will help our economy. we know that. stuart: the pope should take a president obama, put up with open invitation. "-close-double-quote her and close off this exit row. >> the pope will give specific policy solutions. we have an inhumane system right now. stuart: it is a policy solutions to us. >> what is the policy solution he's implying? he is implying bright out the governments essential america sane governments in central america and the united states that together and stop the inhumane system that is in reality taking place at the border. tranter is a spokesman for the catholic church, which is like to see an open border? >> i'm not a spokesman for the

catholic church. what i want is safety for people. i want a border that is secure. i want to make sure people working can work not in shadows illegally, but right now if you are in mexico in a country that seems to work, you can't get over my fear of big money in your pocket. if you have money in your pocket come you don't want to go in the first place. right now we are using and abusing very hard-working people doing something wrong crossing the border of the late note out. stuart: we are broke. >> the system needs to be fixed at the root. >> that's a reasonable discussion. can we agree on that one? >> another when you call my reasonable. thankthank you very much. appreciate it. samsung warning its customers, don't discuss personal information while watching your smart tv. why would that be? because the tv could listen.

we will explain this to you. you both have a

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call today at see car insurance in a whole new light. liberty mutual insurance. stuart: not quite that high for the day. a few minutes ago we will take 180 -- 191 points higher. the lumbar liquidators ceo has been diagnosed with a treatable form of leukemia. he will return to the job. that company has had a lot of trouble recently. he has had 12, 13% today. potbelly offers another beat profit outlook of 12%. major airlines are raising fares. this'll be the second time they've done it this year. 2016. we are only in mid february. jeff flock has details from chicago o hare airport. what if you got?

ashley: backing up. >> sorry, a little hard to hear you. not only raising fares -- they are raising something in the airport and i can't hear a thing. raising fares, not large -- they have been on february 10th. stuart: i don't know whether you can hear me. hold on, hold on. he can even hear me. cut the microphone, please. we can't have this. we will go back to jeff with the details of the awful machine has not making the awful noise. stuart: bottom line here is the cheap jet fuel has done nothing this year for airfares. back to gesture at bay. china flexing its muscle, sending surface-to-air missiles to those contested islands in the south china sea.

to say they are raising tensions in asia is an understatement. they have militarized highlands. i will have the full story in a moment. ♪ lots of vitamins a&c, and, only 50 calories a serving... good morning, indeed. v8. veggies for all. weinto a new american century. born with a hunger to fly and a passion to build something better. and what an amazing time it's been, ..

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stuart: the news we have been waiting for is affecting the markets. those oil talks in tehran, and the iranians say it they will support any action for the recovery of oil prices. iran says other producers understand iran's special situation. furthermore iran says they support the other four nations that agreed to an output ceiling. there you have it. could be they are talking out of both sides of their mouth, support recovery -- liz: markets and moving hire.

stuart: markets are moving higher, moving up on that. will back to $30 a barrel and when you look at that the dow is up 208 points. what you have here is the teheran oil talks moving lower oil market up and the stock market up. that is big news happening right now. if you let the game for the dow, 300 points, the gain for the dow is a 200 points, the game for the dow now 200 points, and the latest move in part because of the move in the price of oil, you heard it first right here, good stuff, hit the rally. china is now let's arising those disputed man-made islands. surface-to-air missiles installed. former senate foreign relations committee senior advisor is with mean l. that chinese action looks to me

like a straightforward slap in the face to president obama and you say? >> totally agree. this is another example of our failed policies around world. we have problems with china in the south china sea. raining pleasingly aggressive in the middle east, russia and ukraine and the middle east, all around the world our leadership is being challenged and the chinese i doing it once again. stuart: i will bring a small news item to your attention that may be symbolic of something big. america proposes to rename the street outside china's embassy in washington d.c.. they want to name it after a chinese dissident. president obama says he will veto that. he will not allow the renaming of the street outside the chinese embassy and the the name of a chinese dissident. in other words america is totally backing off. isis a they are kidding.

what do you say? >> it is 3d to veto that. we named the soviet -- during the cold war winning the under sakharov street. look at the symbolic thing, and in industry is not a big deal there's more we should be doing and renaming streets. this administration is not committed to doing that. we should be doing more in the south china sea. >> when does america stand up and say enough is enough? not saying draw a line but stand up and be more forceful in our response to china's aggression? >> the american people looking for us to be a leader in the world and it is critical that we do that and with china we have got to stand up and say at some point the line is here, you can't keep doing this. the administration has done things, freedom of navigation patrols in the south china sea,

we should be doing more, china has been aggressive on cyber, the south china sea, russia and increasingly aggressive and we are sitting back and watching it happen. stuart: we appreciate you being with us. we need expertise in this area to explain the big picture. now this. this dishonest as yesterday when we came out with the store. cancer researchers at claiming extraordinary results from a new cancer treatment. fox news medical aid team's dr. manny is here. we said and so did other people that this is a real breakthrough. >> it is a real breakthrough. this research has been going on for many years. this is using your own cells. imagine t-cells being policeman and what we have done with these policeman, we have shown them the picture of the villain and said go get him. and very specifically that is how it works.

stuart: take the t-cells. >> and create receptors cancer receptors and when they're put back in your body they go directly to those cancer cells and kill them. so when you look at a small sample and this is a small sample, 80, 90 people or so, very sick people that have gone through chemotherapy and radiation and you name it and were very sick, right now we have 80% to 90% remission which is very good. so the first question is does this cure cancer? the answer is no. it doesn't cure cancer yet. "cavuto coast to coast" when it finds it and beat it. >> it is going to be part in the future of getting more specific to cancer treatments where sometimes you have to do radiation or chemo but you also had this in you know therapy so that you have a very good, 90%

remission rate and this is what you want and hopefully those patients will not get the cancer back. it is genetic engineering. of the when you take the sell out of my body, engineer and worked and stick it back in and it becomes the clock on the block. >> god gave you all the tools to heal yourself. we have -- i got the message. stuart: in response to the zika outbreak. >> they are preventing people donating blood of come from those areas where outbreaks of being seen. this is a prophylactic measure to make sure they don't donate blood and it ends up in another patient so is a prevention method. thank god they did it.

other countries have done it. europeans first. stuart: europeans first. all good stuff. samsung warning customers don't discuss personal information when you're sitting in front of a smart tv. >> the smart tv has a built-in microphone turned on by default for voice recognition, turn on "varney and company" and it turns on. the problem is people don't know it is turned on by default so they are talking the front of the microphone that could be on. could be talking about your social security number or finances, smart tv takes and records and shifted to a third party, many say advertisers i getting in text form so the company called nuance communications this has been a problem for smart tvs and samsung is saying there's a warning here, turn it off, turn

that software recognition off. it is the internet of thing, james clapper, director of national intelligence says the internet of things meaning smart fringes washing machines could do possibly the same thing. you got to watch out, turn these machines, voice recognition off. stuart: we talk about all kinds of things in front of the tv, and other issues. stuart: i got to move on to the sector report because you're talking about oil today and why not. we have results from those pteron oil talks, iran will support any action for the recovery of oil prices. this is big. iran understands there are other producers understanding iran has a special situation and they say iran will support those other four nations which went in for that ceiling on oil output. this is why oil is up right now,

why big oil stocks are moving hire. those iran talks on oil have move the oil up and stocks up. the deal. britain may lead the european union, there is a referendum coming up, what do locals want? we will ask one in particular after this.

adam: adam shapiro on the stock exchange, we are in the middle

of a rally, the s&p 500 up 23 points and nasdaq and 70 points. one of the big leaders on the dow is going putting out a note this morning that it expects to deliver more cash to investors with profit margins in the double digits and a more efficient jetliner, the 787 to rise. caterpillar is hide this morning, it is that because of sec investigation, in replacement business without recommendation of a penalty and commodities like iron ore and business equipment to dig that iron ore out. finally the banks are up this morning, jpmorgan, wells fargo, bank of america agents city, more varney right after this. ♪ i don't want to live with the uncertainties of hep c. or wonder whether i should seek treatment. i am ready. because today there's harvoni. a revolutionary treatment for the most common type

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stuart: why is oil up $1.44? iran will support any action for the recovery of oil prices. up she goes 5%. that is why stocks are up. oil up, socks up, down industrials up 200 points as we speak, it is a rally. let's get to the u.k.. and britain will decide this

year if it plans to continue to be a member of the european union or get out and go alone. katie hopkins joins us from london. i know where you are coming from. you tell everybody here why do you want britain out of europe? >> i want out of europe because i am sick of us not having control over our own borders, effectively once someone gets the european passport, there are free and open borders so you can travel wherever you like. it is tied for siriusxm how to make their way into europe which they are doing, then they get a hold of a european passport, and they can all turn up in our country and we will be required to pay for them, not only that but things happen when they come to the u.k. and a family back home in czechoslovakia, they can

extend child benefit payment to your country from my taxes and the we love each other so much in europe, i don't, i went out, i want control of the borders, i would like our parliament to have it sovereignty back. i would like our courts to decide what we do and don't do with people who commit wrongs in the u.k.. stuart: this is a big deal because if britain does leave the european union, that union is no more and could break up, and britain could be the fissure that opens up europe. you tell me, what is the feeling among other english and british folks? what do they say? what do the polls say? >> the polls at the moment are kind of just about surging ahead, not really surging, might be an overstatement, pushing ahead for people to leave at the e.u. and in scotland they are

definitely supportive of the e.u. a fractured line right there but we know very well that people given a choice tend to opt for status quo which is why people, june 20th. that is the day, think about it, if right now you could see all the refugee crisis, we can't get people out of our own country, your taxes are being sent to other people's children in other countries, if you have to vote to join the european union would you? and people ask themselves that question they would put no in the box, don't want to be part of the european union. stuart: it is such a big deal, which we had more time. we could use another british accent on the show. thank you very much, see you again real soon, that is a promise. to north dakota the oil shale

bust is killing real-estate. my next guest is in the heart of north dakota's fracking country where they are seeing record prices as we learn the other day plummet's by half. joining us now, howard, welcome to the program. this is clearly a bust. what can you do? you can't do anything about the best. when is it going to be over? >> getting back to the bust, it is not a bust in north dakota because when you go to 12,000 people to 38,000 people, we stabilized at the point of 30,000 people and catching up. oil is down. when it is going to return, i think the world markets will obviously play into that. one thing we know out here in north dakota is where though oil is, we know how to get it, they are getting better at that every day. it is money in the bank, when

facing a whole unless they screw up the well, it is 100% chance they are going to come in with a well that will produce 2,000 or more barrels a day. stuart: have you got a rainy day fund that gets you through this? >> the state of north dakota does. they are seeing -- stockpiling money for a while. in north dakota, western north dakota we have been telling them to send that money back to us for lots of years, we have been going down and talking to our people in bismarck about if they support us through these times, this will play is going to last 40 years and the rainy day fund is not in my fingers right now but i know where it is. stuart: i have got to cut it short but thank you for joining us. in a bust right now but you are

going to get out of it, thank you. we have apple denying a government request. they say they will not create a key to break into terrorist iphones. i say in that age of terror apple is wrong. my take is next. shall we say, unnecessarily complex. limiting where you can earn bonus cash back... then those places change every few months... please. it's time you got the quicksilver card from capital one. quicksilver earns you unlimited 1.5% cash back on every purchase, everywhere. doesn't get much simpler than that. what's in your wallet? then your eyes may see it, differently.ave allergies. only flonase is approved to relieve both your itchy, watery eyes and congestion. no other nasal allergy spray can say that. complete allergy relief or incomplete. let your eyes decide. flonase changes everything. weyoung company around but if we want to keep the soda pop flowing we need fresh ideas!

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ashley: a major political battle over filling the empty supreme court seat left by the death of justice antonin scalia. peter barnes has the latest from washington. >> reporter: the presence that and the pressure republicans to consider is nominee to replace justice antonin scalia added they said that should be delayed until the next president should take office. >> this is the supreme court, the highest court in the land, the one court where we would expect elected officials to rise above day to day politics. this will be the opportunity for senators to do their job. >> reporter: the president promises is nominee will be indisputably qualified. wall street journal reports the president is looking at a moderate candidate in the

republicans will have difficult to reject in this election year. ashley: we will follow it closely, thank you very much. stuart: apple says it will not create a key that will unlock i phone of the san bernardino terrorists. i think they are wrong. in the age of terror safety comes before privacy. that is my opinion. back up a little. the fbi had the i phone of the san bernardino killers, they want to open up its secrets that they can't because the information inside is protected by encryption. the fbi wants apple to create a key, new software that would unlock the terror phone. apple says no. tim cook says if we do that this new key could get out and be used to unlock all iphones breaching everyone's privacy and data security. that is a strong argument from apple.

unlock now and who knows when and why we will unlock in the future. oil it down and it is safety versus privacy. i come down on the side of safety, the security of america. this is the age of terribly it may become the age of nuclear terror. i want my government to prevent attacks and if one does occur go back and check out the terrorists. to did they communicate with, what did they say, that means breaking their encryption, that means unlocking the terrorist's iphone. its intelligent drive is msystems...ng. paradigm-shifting. its technology-filled cabin...jaw-dropping. its performance...breathtaking.

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actually believe the iranians but them saying, yes, we support what the other opec nations want to do, it's very strange. they understand our situation, in other words, we're going to keep pumping it. i think that's what they're opening the door to. but they also said that we could have other measures to stabilize prices. we have no idea what that vague language is but it's enough to give a boost. >> the freeze is not a cut. stuart: right? >> and we need the run to come to the table, they made that decision without iran, i think it's all smoke and mirrors. the entire agreement. stuart: but, look, it is the first pan oil patch deal. ashley: , yes. stuart: in 15 years. this is the first time that everybody has -- at least verbally all signed and said, yeah, we'll have a freeze. all good. >> yeah. stuart: that's what the market's looking at. >> the iraqis are consistently at odds with the saudis. ashley: yeah. >> this is a one-day agreemen.

stuart: you think? a skeptical cheryl. >> are you kidding me? here always fighting with them. always changing his tune as well. stuart: the bottom line right now oil is up $1.57. ashley: yeah,. stuart: the stock market is up 210 points. that's pretty much the high of the day. ashley: uh-huh. stuart: there we are. >> fill up your tank today, stew. stuart: i always do. oh, stop it. now this. this is big stuff here. there's a battle royal shaping up over the death of justice scalia at the heart of this is the second amendment. the right to bear arms. come on in former nra president. so welcome to the program. do you think that the second amendment is at stake here? up for grabs? the interpretation of the second amendment? is that at stake? >> absolutely. barack obama's made it clear that he doesn't like the supreme court decision, which raddified the founding few

that the second amendment is there to protect the individual's right to keep and bear arms for individual americans to own firearms. mrs. clinton has said even before the death of justice scalia that if she were in the white house, she would a test to overturn the decision. so it was a 5-4 decision and what's at stake now -- and there are a lot of things at stake in other areas. but the second amendment is clearly at risk with the appointment of a new justice. stuart: i just want to expand a little bit more on the heller decision. justice scalia i believe wrote that decision. >> he certainly did. and it's considered by most to be essentially the most influential, the most consequential decision of his entire career. i don't know if that's the fact or not but certainly from the at some point of gun owners it is. stuart: because it conferred the personal right of the

individual to bear arms. a right which the government could not take away according to the constitution. that's the. >> that's correct. stuart: that's the perspective on it; correct? >> that's exactly right. the question in heller was does the second amendment guarantee an individual right or a community right? opponents of individual right said that it just meant the states could have militias it didn't mean anything to keep the right to bear arms. the history and all was studied by the supreme court and the decision 5-4 was that the founders did, in fact, intend to protect the american people's individual right to own firearms. reversing heller would reverse that and take that right away. so that doesn't mean that the government. state government, local government, or federal government can't put what the decision called reasonable restrictions any constitutional right is subject to reasonable restrictions. but the question going forward is one.

will heller stand with a new court? and two will the new court apply what's called strict scrutiny to attempt to restrict those rights in a reasonable way? that's what's at stake. what's at stake for american hunters, gun collectors, firearms owners, people who have firearms for self-defense or competition is whether or not this country will remain a country in which they have that right or it will go down the road that ends up in the two nations that barack obama admires, britain and australia which have confiscated privately owned. stuart: that is true. do you support mitch mcconnell's statement that he will not consider president obama's nominee? won't get to a discussion of it. he'll be rejected. it will be decided by the next president. are you supporting that hard line? >> given the stakes? i am. stuart: . stuart: okay. david keen former nra president. thank you, sir. >> thank you. stuart: all right. more

politics i guess i can say that. national polls out this morning. two big stories from the numbers. first off gop trump still leads. and i mean really leads 39% for trump, 19 for marco rubio, ted cruz with 18. the polls taken the 10th, 15th, of february before or after the debate. jeb bush tied with ben carson also at 4. the other side the democrats. hillary clinton, bernie sanders, it's actually a statistical tie. two points ahead of bernie sanders. ashley. points on that. ashley: interesting i went back to look at hillary's lead. she had a 60-point lead over bernie sanders. it went down to 34 points in july, down to 25 points in november, here we are at a statistical tie as you just said. absolutely remarkable. stuart: and that's a national poll? very important. ashley: absolutely.

of both of those people identify themselves as democrats, who would they vote for? that shows you a -- how much trouble hillary's -- we mention this back several hours ago, stuart. i'm not sure this is bernie coming on strong or more and more people questioning hillary clinton. stuart: i think it's the fall of hillary that is the story. i think the fall of hillary is almost as big of story as the rise of donald trump. ashley: no wrongs despite whatever he says. >> she's not going to fall in south carolina. if you look at the polling in south carolina, she definitely has a substantial lead against sanders there. and that's the next test that we're going to see of course for everyone. ashley: right . stuart: nevada? >> i think she could lose nevada. yeah, she's got some interesting colorful supporters there. stuart: big deal. >> to lose the hispanic vote there is kind of a problem. stuart: to texas where u.s. marshals are arresting people who have not paid their

federal student loans. judge napolitano is back. some of these loans are for as little as 1,500 bucks. >> and the government is willing to use an extraordinary amount of violence in order to collect the $1,500. in some cases the government is willing to spend significantly more than 1,500 by dispatching s.w.a.t. teams and the gear that they carry and the cost of using that gear in order to collect 1,500. rather if i owed you 1,500 and refused to pay it. stuart: oh, the deliciousness. >> you would file a document on real estate that i own such that when i dispose of the real estate whether by death or voluntarily, you would get the 1,500 plus whatever interest rate the court rules are. and that interest rate will -- you'll be happy to hear this. is always way above the bank interest rate. stuart: a punitive rate. >> exactly.

>> that's the way the normal civilized human beings -- the government waited 29 years to go after this one guy for $1,500. he's in his 50s. this was a student loan. they showed up at the house with eight s.w.a.t. team members and arrested him. he didn't even remember he owed the money. stuart: i'm not a conspiracy theorist but taking the point that the government is taking this hard line now because for giving student debt would be a big issue. so you can present the voters with a choice. do you want the marshals coming after you? or do you want to vote for me because i'll forgive your debt. >> well, look it they went after people that owed such tiny amounts of money. the debt that bernie sanders said he would consider forgiving is in the tens and hundreds of thousands of dollars. so we're comparing apples and oranges here. the question is proper use of government resources and, stuart, the proper use of violence. the government shouldn't be in the position of using violence to enforce an ancient and tiny

obligation. stuart: well, you're stretching here. they haven't -- it's not violence when you arrest someone. >> wait until they show up at one of your many mansions on. [laughter] to go after isis to take you away for $1,500, you'll call me up and say it was violence . stuart: i think i would. [laughter] game. set. match. got me on that one. next case donald trump holding a town hall in south carolina just moments ago. he says mexico is the new china. roll the tape. >> we lose with japan, we lose with mexico, now moving to mexico. in ford is doubling up, going to move more to mexico, going to spend billions and billions of dollars in mexico. i know how to get it so they're not moving to mexico anymore. believe me. it's going to end. mexico is the new china. be careful. stuart: cheryl, this was predictable.

after that video that we ran a lot of other people ran it. but the corporation telling people, 1400 people your jobs are going to mexico. that response from donald trump was highly predictable. >> this is why donald trump has been doing so well in the polls and continues to because he taps into something americans are worried about their jobs, they're worried about their homes, they're worried about their future and he's grabbing onto that. he should have just written the carrier news himself. he was saying this six months ago when he first announced. mexico was the first target of donald trump along with of course the discussion about the wall and building a wall between us and mexico. this is music to his ears. stuart: on the two extremes, bernie on the left, donald trump on the right. there is a very solid movement at the moment against free trade and the trade agreements with agreed to in recent years. >> well, donald trump will tell you it was all a bad deal. he says the trade agreements with mexico, with china, you take your pick. all bad deals.

ashley: we lose every time. stuart: well, he says we lose every time. ashley: these cases to say, look, we're losing jobs all over the place to mexico. and if he tries to sell those items back to the united states, he would put a 35% tax on them. stuart: you really want a trade war? ashley: no. that's the kind of rhetoric that hits with the voter, though. stuart: it sure is. >> hit all the bases on that. stuart: how about this one? nike is preparing to cut ties with the boxer manny pacquiao over controversial comments that he made over same sex couples. what have we got on this? ashley: yeah, according to tmz sports, pacquiao has had a relationship with nike since 2006. i'm sure it's very lucrative but apparently nike very disturbed about what pacquiao has been saying about gay people saying quote they are worse than animals. there's no official word yet if nike has indeed dropped the boxer but that kind of language.

stuart: yeah, you're gone. >> welcome manny pacquiao to the world of tiger woods and michael vick and other sports stars that have fallen. johnny menzel is going to be the next topic we're talking about with endorsements. if you're an athlete bad behavior costs you money. the more athletes understand that, the better they'll behave. stuart: a judge in california organized apple to break into the encrypted iphones of the san bernardino shooters. apple says not going to do it. we're not going to do this. congressman tray gowdy here in the studio with me. next

stuart: well, will you look at this? dow industrials up nearly 200. the price of oil up about 5%. what's going on here? oil up, stocks up. well, the story is quite can simple. iran today says it supports opec. yes, it supports the production freeze. the market apparently believes

them because oil is up and stocks are up. next case. we are very excited to have congressman tray gowdy with us today. congressman, welcome to the program. >> yes, sir. stuart: is he a very short introduction because i want maximum time for th interview. i know you're a prosecutor, you're going to grill me. >> i was a very mediocre prosecutor. stuart: i want to talk about apple. >> yes, sir. stuart: the fbi says to apple, hey, unlock, please, the terrorist phones, the iphones used by the san bernardino killers. apple says no. we're not going to do that. we could, but we're not going to do it because the key to unlock could be used by anyone any time in the future. it's safety versus privacy. where do you fall on this one? >> i probably fall on the side of law enforcement because there's a public safety exception for the fourth amazement, for the fifth amendment. national defense, which this would fit that description. stuart: yeah. >> there's a different constitutional analysis for things that impact national defense.

now, as i understand the procedure a magistrate judge has issued pretty small order. so there's not a lot of law cited. it will be appealed to the district court and then ultimately with a appellate court where all of that can be flushed out. but there's no question that there's a public safety exception even for our most amendments like the fourth and fifth. stuart: i say in the age of there are, possibly nuclear there are, we have to go extra steps toward preserving our safety and security. would you go with me on that? >> i would because you are balancing competing constitutional principles. national security with privacy. so you're not balancing filling out march madness brackets with privacy. you're balancing two constitutional precepts and as facts dictate, that balance shifts. and because we're in the age of there are terror, i think the balance is shifting towards public safety. stuart: got it. thank you very much indeed. that was the end of the interview. >> yes, sir. stuart: now, now, i want to get back to the gop race.

congressman, you've endorsed senator marco rubio. but i want your response to this. it was a fake facebook endorsement to senator ted cruz. using your name. that's been going around. i mean there you have it on the screen. i won't go through the whole thing but it's a fake endorsement supposedly from you to ted cruz. what do you make of this? >> i think one of the fundamental precepts of conservatism is that we tell the truth. and that the way we do things matters. the end does not justify the means. senator cruz says his campaign has had nothing to do with that. i've had no reason to not take him at his word, steve king was on earlier this morning, i have no reason not to take them at their word. but i know this. we do a disservice to the voters when we do things like that. whoever did it. so the fact that they used my name, i could care less. if the mentioned tim scott or frankly if the candidate did it towards ted cruz, my approach is the same. the way we do things matters. and the end does not justify the means. there are people legitimately

trying to determine between two or three candidates and this kind of stuff is the reason people check out of politics and it doesn't help them make up their mind. stuart: why are you for rubio? i would have thought you're a conservative, maybe you would go for ted cruz. what's the problem? >> well, i've known marco for favor years. jim introduced us and marco how he got to be the establishment candidate is a baffling to me. his conservative ratings are higher than most of ours in south carolina and nobody think so we're establishment. so he's a principle conservative that communicates in a persuasive way, and he could win in november. if you want to make a point. there's a time and place to make a point. i'm at the point where i want to make the difference. particularly with the passing of scalia. who wins in november is really important and marco can win. stuart: i don't want to ask you to telltales out of school but why is cruz so popular? >> well, every interaction i've had with cruz has not

been negative. been limited but i judge people based on how i've interacted with them. my interactions with him have been more than pleasant. he's super, super smart. i will tell you this. whether or not it gets on with the senate colleagues or not, i can't speak to because i'm not in the senate. it would not be because of this conservatism. jimmy is one of the most conservative people in the galaxy and jimmy is beloved. nick molvaney is popular, tim scott is more popular than elvis presley. so i would put the notion not because of they're popular but there are plenty of others in the house and the senate. he has never been anything other than fair to me. stuart: but you're a rubio guy. >> i'm a rubio guy. i know marco better than i do the other candidates. i usually don't endorse and i really don't think anybody

cares who i endorse for president. i would encourage them to investigate the candidates for themselves. people have served and sacrifice for the right to pick their leaders and they shouldn't let any elected official to tell them who to vote for. i do know marco he is a conservative and he can win and those factors led me to support him. stuart: tray gowdy, pleasure. thank you very much for being with us today. >> thank you. stuart: to hillary clinton. i say she's got a lot of problems. have you seen the latest poll? my take on that after this

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to learn more. switch to liberty mutual and you could save up to $509. call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance. stuart: now we checked oil and stocks at the same time because they're moving in tandem. why is that? because the iranians say they have agreed to a freeze on oil production. they say that. at the moment the market believes them because crude is up nearly a buck 60 and the dow is up nearly 200 points. that's the big story on the markets. now this. the energy department spending millions of dollars on a solar plant in alaska. where the sun don't shine half the year. also coming up for you. we have someone who says bernie sanders is a financial

train wreck in his personal life. didn't earn a real paycheck until he was 40. the latest quinnipiac poll released first thing this morning. now it's a national poll. all regions of the country sampled just like a presidential election. hillary is in deep trouble. hillary 44, bernie 42. that is a statistical tie. arguably hillary's fall is as big of story as donald trump's rise. now, for the democrats, this is not turning out to be the correlation that was so widely predicted just months ago. hillary has problems. she does not have a lock on the women's vote. attempts to guilt trip women into voting for a woman have backfired. so too has bill clinton. many women don't like to see a man who sexually assaulted young women campaign to put a woman in the white house and call others sexist. she has a problem with young voters.

bernie's offer of free college is very attractive to debt strapped 20 somethings. she has a problem with president obama. stayed very loyal to him and his policies even though the president is not widely popular. she has a problem with the economy. we're sliding maybe into recession and her answer is more of the same policies which are holding the economy back. and we haven't even mentioned the words e-mails or indictment. add it all up and, yes, hillary clinton has a big problem. but it's also a big problem for democrats. are they really going into a presidential election with a socialist as their candidate? we keep saying it, and we'll saying it again. keep a close eye on joe biden and, yes, michael bloomberg. have you ever seen a more fascinating and entertaining election as this one?

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stuart: if you're in the markets, you're following money. this is the big story. oil up, stocks up. why? because opec -- i'm sorry the iranians say they'll go along with opec and support this freeze in oil production at january's levels. that's what they say. will they actually do it? don't know. market believes them, though. crude oil is up a buck 73. the dow is up 217 and rising. now this. an alarming story that comes from iraq. officials say radioactive

material has been stolen. ashley: yes a radium isotope basically the size of a personal computer case stolen back in november from a facility in southern iraq. this is highly dangerous material. if it gets into the hands of you know who, the islamic state, it could be used for a number of things including dirty bombs. and they have not been able to find exactly where it is. the material itself belongs to a turkish company that is being stored in a u.s. storage facility. they cannot trace it. stuart: if somebody got it and said there it is,. ashley: , yes. stuart: that's panic for there it is. ashley: yes. exactly. stuart: because you don't want to be anywhere near this thin thing. cheryl: all more for mr. trum. stuart: you're right. you're right, cheryl. new polls out this morning. troubling news for hillary clinton.

hillary 44, bernie 42. that's a statistical dead heat. penny lee is with us. democratic strategist. penny, welcome to the program. >> thank you, stuart. stuart: i don't want to fight, but i think you'll agree that's a problem for hillary. i mean to be tied with a socialist in a national election -- i'm laying it on thick. i know i am. but i think hillary's got a problem. would you agree with that? >> well, i think right now what you're saying amongst the democratic party is this real divide and this question is whether or not they want someone with the experience or someone that's empathic. and she's on those voters that experience is number one concern where bernie is winning those voters saying, no, i want someone to understand what i'm going through. feel my pain. that's evident in the latest nevada poll. something we've been seeing for a while. stuart: so when you see this kind of thing popping up in the polls like this. do you think first and

foremost pick up the phone and call joe biden. i'm sure you do. i'm sure there is impression on joe to say something. get in. >> well, i have to qualify. i am a hillary supporter. so, no, i don't pick up the phone immediately to go to joe biden. but -- and, no, the vice president has made it very clear that he's not going to be a candidate for this year. so, look, again, it's a divide and it's a healthy debate that the democratic party is having. and it's one that's going to be played out for a while. unlike you said previously the pundits out there that want to crown hillary. that was never the case and nothing of brooklyn that folks in brooklyn. stuart: what did she, oh, but it looked like it. the correlation. >> that was just a media kind of giving it all fire. a lot of it was her own name recognition. bernie sanders no one had heard of before. stuart: but, look, she's got a problem with women. she's got a problem with bill clinton campaigning for her. she's got a -- conceivable a

major problem with e-mails and indictment. she's got a problem with economy. she's got a problem with president obama. >> why is she even running, stuart? . stuart: i mean i'm not -- i'm not trying to lay it on too thick. you've got a problem here. who would have thought that at this stage in the game hillary clinton with all of that experience and that exposure that name recognition will be tied with a socialist? >> well, i mean -- and i would qualify that she doesn't -- look, in new hampshire it wasn't -- the women vote -- the older women vote actually there's a split. the older women vote did turn out in record numbers and high proportion towards her. yes, there is a shift with the younger women. so there is some issues out there but, again, this is going to be what the healthy debate is about and one that they both have to go out there and make their case and make sure that their supporters are the ones that show up. and nevada is a caucus state. so it's going to be interesting to see which voices, you know, lend itself to the support. stuart: penny, you're very

articulate, and i admire your defense of hillary clinton. but i've got to ask you one last question. she's probably going to win south carolina. >> uh-huh. stuart: but if she wins by less than ten points, a lot of people are going to say that's not a win. >> remember it's the delegate count. stuart: well, there's another thing. that's popular. how come she loses. wait a minute. how come she loses new hampshire and still walks away with the same number of delegates if not more than bernie sanders? people are saying look what you're doing. you democrats. you're fudging the books here. that ain't right? >> the rules are the same in 2008 when she actually won the popular vote in nevada and lost the delegate count to barack obama. so it is the rules that have been out there. stuart: okay. i admire you, penny. and i hope you'll come back. >> absolutely, stuart,. stuart: penny lee, thank you very much indeed. i'm going to stay with bernie sanders. my next guest says he's got real trouble. financial trouble in his past,

and it will be a real problem if he became president. eric schiffer is with us. take me through this. what is in bernie sanders personal financial past that makes us call him a financial train wreck? go. >> well, stuart, it's a financial train wreck. it is. i think what you're talking about is a guy who really couldn't hold a job. he was barrel able to have a paycheck. just a few times he was on the unemployment line. this is a guy that's known to be broke up until he was 40 years old. he would actually take a long extension cord from his apartment because his electricity would be shut off. take that extension cord and plug it into the basement. this is who we're dealing with. so this is the guy that we want to run the finances of this country. do we go -- to board members go to the unemployment line to hire their ceo? no. i mean come on. it's crazy. and the problem is -- stuart: i just want to add

this, eric, hold on a second. we're talking across each other here. quickly. we've got a new report coming out that bernie sanders could have up to $65,000 worth of debt on his credit cards. now, i believe that may be his senate credit cards. cheryl: personal credit cards . stuart: no, i take it back. cheryl: i've been looking at the form. it's his personal debt. stuart: $65,000 worth of personal debt on his personal credit cards. cheryl: that's the potential. that's as high as you can go. you have to check a range on the form for the government. the senate i'm sorry. up to 65,000 but it's personal debt. personal. what do you make of that, eric? >> well, i think some democrats would say that's why he's the perfect guy to be president. he's very familiar with tremendous debt. i think it's crazy. i think it makes no sense to hire someone -- to put someone in that role, first of all, look, he's a socialist. he's a self admitted socialist and for the -- millennials to be pushing this guy. i think the reason that

they're doing it, stuart, is they don't really understand socialism. i don't think they get it. i really don't think they've connected the dots. they don't want their uber to be 30 minutes late like what would happen at the dmv for most people. they don't want their instagram to shut off for a week. they don't want snapchat to go dark. that's what's going to happen -- that could happen in a socialistic society. they're pointing to sweden as the example. but what they don't understand is, yes, they're socialism in sweden and businesses are free. but the problem is they were socialists now they've moved to a more free capitalistic society because it didn't work. so i don't think that people really understand what all of this means. certainly hillary clinton doesn't get it, she would be talking about it. this is serious. stuart: okay. >> we need to wake up. entrepreneurs have built this country. when we take away their motivation. when we demoralize them, when

we criminalize -- when we make them the bad guy, the country has big problems. stuart: okay., eric, you're pounding this one. we heard you. thank you very much indeed, eric, come back soon. >> sure., sir. stuart: the pope is scheduled to appear with migrants today mexico u.s. border. donald trump at the -- listen to what trump had to say on this program about the pope going to the border. >> the pope is a very political person. i think he doesn't understand the problems our country has. i don't think he understands the danger of the open border that we have with mexico. and i think mexico got him to do it because mexico wants to keep the border just the way it is because they're making a fortune and we're losing. stuart: in our last hour we asked father jonathan morris about the pope visiting the border. role that tape. >> when there's tremendous injustice and corruption and all sorts of things there are going to be political consequences.

what the pope is doing is pursuing that justice and there will be political consequences like donald trump mentioned or created. that's what makes it political. partisan no doubt. . stuart: all right. now, cheryl, the vatican is responding to what donald trump had said on this program. what's the vatican saying? cheryl: yes, the vatican issued a statement. and here's what we're saying. the pope always talked about migration problems all around the world of the duties we had to solve this problem in a humane manor of hosting those in search of other countries of dignity and peace. that comes from a vatican statement. basically what they're saying mr. trump talked to you this is what he does around the world and also been in mexico the last few days really telling them that the humane -- the inhumane treatment i'm sorry of refugees around the world is something he feels very strongly about -- stuart: i think he's doing a political act by being at that border at this time. ashley: absolutely. stuart: humanitarian, yes. the man is a fine man.

but a politician as well. ashley: uh-huh. stuart: millions of dollars spent on a solar plant in alaska. [laughter] really. a lot of money. dark for six months of the year. i've been there. ashley: not a lot of sun. stuart: more on that next (gasp) shark diving! xerox personalized employee portals help companies make benefits simple and accessible... from anywhere. hula dancing? cliff jumping! human resources can work better. with xerox.

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as the s&p 500 and nasdaq. some of the big stocks that are gaining today include the oil companies on news that iran is going to buy into the opec oil production freeze. you can see right there exxon mobile up about 1 almost 2%. chevron, bp and conocophillips. marathon has been positive today but falling back in the negative territory as it falls. also the airlines up today despite the price of oil going up. united airlines is up almost 1.1%. american airlines up 2% and delta up 2.5%. it was disclosed today that fund management has actually doubled their holdings in south airlines. now they have two million shares. we're going to have more of "varney & company" right after s you owned your car for four years, you named it brad. you loved brad. and then you totaled him. you two had been through everything together.

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stuart: oil progressing very nicely thank you very much indeed. that's a 6.5% gain. as we told you earlier the iranians will go along with a oil refresh your recollection freeze. let's see what they actually do. look at this. several major airlines despite dirt cheap jet fuel have announced their second price hike of this year. 2016. okay, cheryl, who is reagan prices? cheryl: well, jetblue began this one. they test the market to see if the hike will hold, and it did. jetblue hiked 6 bucks round

trip and delta and united followed as well as air canada. this is the price bump that we had. stuart: the second of the year? cheryl: yeah, we only had two last year. stuart: how much ticket prices going up? cheryl: six dollars round trip. that's where they test the waters. stuart: because you don't notice. ashley: that's right. cheryl: they change every second. it's fascinating. the minute people back off or cancel a trip, they monitor this minute by minute. people say how do i get a great deal on a airline, if i knew that, i would not be working here. ashley: just the fuel means absolutely nothing. stuart: the cost of running an airline has gone down 40%. way down. cheryl: they've reinvested all the money, though. got planes, gave employees raises, now somebody -- the airlines are giving you snacks in economy. thank you. whatever. economy to get peanuts now.

ashley: you probably don't remember. cheryl: despite your mansion. stuart: that's cruel. stocks are up bottom line. cheryl: well, the dividends. they've been paying dividends back to shareholders. stuart: have they? cheryl: yeah. so there is dividend story there. stuart: you've got to hear this one. the department of energy announcing a solar power project. they're spending $7 million to install solar panels in northern alaska. of course you understand there's a catch. there's no sun there i'm told for six months of the year. jamie weinstein with the daily caller. no wonder you're laughing. it's hard to get to grips with this. what were they thinking? >> well, this is from our news foundation the daily color news foundation report. when it's dark for half of the year when there's really almost no sunlight there, that's when they need energy. so the idea that you're going to install panels and you can't even use it when the energy is most needed seems

just a bit absurd to me. stuart: you broke this story. this is your story, isn't it? >> well, the daily caller news foundation broke it. but it was a press release that they put out there. they're not hiding it. tom, used to compile all the most wasteful spending projects in the government from, you know, gambling studies, habits of monkeys, to swedish massages for rabbits. i think still in the senate this probably might be one of those spending habits that would be included in the report. stuart: have you any idea why you would spend $7 million on installing solar panels in alaska northern alaska where there is no sun for six months of the year. what was the rational for that? >> well, the obama administration has made very clear that they want to try to push away oil and go towards renewable energy. so the government tends to listen to that kind of direction and start funding things even if it has not very

good rationale like we're seeing solar panels in places where there's not much sun because the government said let's fund usable energy things whether they're usable or not. stuart: i don't think we're going to get our money back, are we? >> i think it's very unlikely. but i'll say this, though. if the obama administration went and fixed our unfunded liabilities, which are, you know, our entitlement programs where the real money is. our 80 trillion unfunded liabilities, we can give them a $7 million solar farm in northern alaska if they would like. that's where the real problem is like. not really the silly products . stuart: sarcasm is a low fall of wit. unbelievable. jamie, thank you very much, sir. thank you. now this. some companies are tracking their employees from shopping habits to their prescription drug use. we'll tell you why in a moment ♪

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the city. one reporter saying many people injured. of course we know that turkey has been having on going fights with the kurds. kurdish attacks have been fairly common throughout turkey. so we'll have to wait and see where this comes out but no official word on number of deaths. but it hit a military facilit facility. . stuart: all right. major companies, they are trying to reduce their health care costs. look at this. they're getting very personal about it. gerri willis is here. what's this? they're getting personal. they're tracking. what? >> absolutely every piece of information they can get. stuart: about me? >> publicly available on their companies. the companies themselves can't look at it but they've hired these intermediaries to do it. credit scores are a great determinant if you'll be readmitted into the hospital. you're not following up on prescriptions, you're more likely to be readmitted, you're going to be more

expensive to the company. . stuart: okay. >> shopping patterns. another big thing obviously. if you're going to the buying store every weekend, you're probably not going to have health care problems. if you're getting video games online, you are. and get this. voting midterm election. stuart: really? that's an indicator? >> if you vote in midterm elections, you're more likely to be mobile. and you're more active in your community. these are two things that are associated with being healthy . stuart: how about this? i know you haven't got much time. if they offed out that i don't vote many midterm elections and i have a low credit score, could they refuse me a job? >> well, this information does not go directly to the employer. that's illegal. but more and more of this information is finding its way back to employers hands and these companies, their job is to tell you how do you make yourself healthy. you get e-mails from them telling you what you should do. stuart: gerri, good stuff.

thanks for joining us. appreciate it. all right. more varney in a mot . . . .

stuart: earlier today a group of oil people flew to iran, held talks with the iranians, tried to persuade them to go along with the oil production freeze that had been agreed to by four other oil-producing nations. about mid-morning today, we fund out that iranians abreed, yes they will go along with a oil production freeze. up went oil. that is where we are now, a buck 72 higher. up goes the market. the dow is up 211 points, however cheryl casone doesn't believe them. you don't think they will stick to their word? >> they never do. their relationship with the saudis has been nothing but contentious for decades. they're doing this before. it is all rhetoric. >> no one believes opec and throw iran into the mix, just

another one you don't believe. stuart: it is in their interest to the about the price up. they will take every action -- >> don't want to give up the market share. that's the issue. stuart: skeptical company today. that is it from us. neil, it is yours, sir. neil: thank you, stuart, very, very much we are focusing on that oil pledge, if you will. again any of these guys committing to anything like discipline even if it means a freeze in oil production, sort of like my diet analogy, good when i say it, then i have to do it, therein lies the rub. oil is up today. look what is going on with the dow. with 215 point advance i wonder how much we increased in last roughly week or so? actually it was week ago thursday, tomorrow, that we were at low point of about 15, five, on the dow. from the low points then intraday, we closed that day at about 15,660.