>> literally just got chills. stuart: after that. >> it went downhill from there. stuart: it was downhill from there. the halftime thing was, let's not even talk about it. neil, that was the best of the super bowl. it is yours. neil: did you watch the whole game? >> no. neil: i was going to say, i could see you trying to make it out, what the hell is going on? thank you, that was great. she was phenomenal, amazing voice, amazing voice. we're following up on same thing you were. we're trying to make this seven weeks in a row here. it has been a couple years the nasdaq pulled off a stunt like that. we're keeping eye on it. it is still earnings season. 90 of the s&p 500 companies are reporting this week after better than 100 last week. so we're rapidly going through these. some of the big names are getting close scrutiny, particularly on the technology side. get read on all of this,

raymond james chief strategist jeff saut. and kadena group president, gary b. smith. gary, what do you look for? earnings are beating lowered expectations. there is science to that, you often reminded me over the decades, but i wonder whether they're overcompensating these companies, so lowering the bar, doesn't take much to sort of defy those lowered expectations? >> exactly. companies, after all these years, neil, have learned to play the game. that is why you see, in many every quarter they report, more companies than not be expectations. so what i, i even discount that, you know, quite frankly. that is all what has happened in the past. i try to focus more, not that their crystal ball is clearer than anyone else's. what they see coming down in the future. you saw apple talk about, china sales. you see companies saying we have weak expectations as far as ad revenue, things like that.

as far as earnings, that is what i look for, really, what they're looking for, i suppose. neil: a lot of guidance has been fairly good, right? not across the board. some companies jar you. most of the guidance has been positive, right? >> yeah. oh, definitely. generally in their best interests. they want to keep the stock price up. you know, corporate executives normally see things half full, even if they think there are bad things out there, we're the exception. we can overcome the tariffs or fed rate increase. they're normally optimistic by design. as they should be i suppose. neil: jeff, whether we get seventh week of gains in a row after six straight weeks, is the market behaving as it should or no? >> gary is more of a technical analyst than i am but you came off one of the worst three-days of selling squalls i have seen in 55 years looking at markets.

ended with a selling climax -- neil: you've been looking at markets for 5 a years. >> i was in the business 48 years last month. i started looking at it with my dad. neil: that is awesome. >> we got two 90% upside days after selling climax. that kind of sequence almost always suggests you made a major bottom. we're adamant on january 4th, you will not retest the december lows. i think this thing can go higher. neil: how much higher? >> i don't know. if you get directionally correct, you're ahead of 95% of the people. neil: got you after 55 years in this business. gary b., let me get your sense of interest rates. it is interesting, i haven't been tick for tick, but every movement today, you have stocks and bonds going up in tandem. i wonder what you make of that?

>> you know, it used to be there was some sort of correlation. now i think it is all you know, you throw up your hands. i tell you what i think. i will address jeff's point in one second. i think interest rates are going to remain flat. i think the fed is more worried than perhaps the president out there, just because we have some things at that have yet to be resolved, from brexit to the mueller investigation, to the tariffs. so i think the fed is, you know, and i think, you know the chairman indicated that in his last remarks. they will keep an eye on things. as far as jeff's thought putting in a bottom, here is my hesitation. since the end of december the market gone almost straight up 15% on nothing really. none of those things, other than the fed interest rates have really been kind of resolved for now. all other problems are out there. i don't know if we retest the

lows. hard for me to believe we'll go straight up. we have to pull back, maybe substantially, or near the bottom we put in in late december. neil: jeff, that is good final question for you. we did that and experienced that in december and i'm just wondering, are we about at a good equalibrium now? what do you think? >> by our tools of measuring, the markets internal energy, we think you get a energy peak in mid-february. so i wouldn't disagree with gary gary b., the market might go higher but i'm pretty sure you will not recess the december lows. neil: years of expertise between the two of you, centuries i might even say. thank you, guys, very much. we talked about the federal reserve what they might do, who better to chat on that former fed advisor danielle dimartino

booth. indulge me what the gentlemen said about interest rates, that the fed telegraphed it will not do anything at least until summer if then, do you agree with that? >> i certainly do. the fact chairman powell laid out in his press conference last week the fact over next several meetings, the fed would be determining what thresholds would trigger the fed stopping the shrinkage of its balance sheet tells me they actually moved the discussion past potential rate hikes this year, on to a secondary forum of easing or i should say lightening up on the tightening. neil: so let's say they surprise us though? we did get the strong employment report. i haven't had a chance to talk to you since then. i wonder if the fed does oopsy daisy, that stuff we said about keeping our powder dry? we might have to move, with do you think? >> well you know, the thing is, and i cannot stand it when i

hear weather as an excuse but the weather really propped up the headline number. i think the fed will pay more attention given fed's internal research to increase in unemployment rate. had a lot of federal employees correctly filed the unemployment rate the unemployment rate would have ticked up to 4.1%, neil and internal research -- neil: 304,000 jobs, right? >> we did according to one of the two surveys, but the survey produced unemployment rate showed a loss for the first time in five months,down tick of 251,000, even if you just looked at private sector, over half of that was private sector. every time in the postwar history we've seen a tick up in the unemployment rate of .3 of a percentage point or more we landed in recession. i think the fed will be paying attention to that and looking to the february data to see if there is a major bounceback or i should say a major decrease in

the unemployment rate that validates that strong number. neil: we could reverse that. that is interesting. danielle, can i get your take how the china talks influence your outlook? i mean we'll not get any deal until at least the end of this month. that is probably an aggressive timetable, when the president will be meeting with his counterpart of china, xi xinping. even then it could be a broad constructs of a deal. let's say it is pushed back, quite aways. for perfectly valid reasons a lot to get into here. then what? >> look, i think that both parties right now, i mean, china reported the lowest growth in the post-1990s period of six and change. i would actually put that growth closer to two 1/2% than what chinese official data show but both side right now really do need to come together to make any kind of a deal, even if it is just for optics because i think the administration was truly frightened by the downdraft that we saw in the

stock market in december. i think that they know that some kind of a deal has to be made. my great evident concern is, it will be all cosmetics. that the chinese will offer to buy more of our products. that is going to make maybe a slight dent in the trade deficit but the things that truly matter to americans companies and that is, the cyber theft basically, that is how the chinese have built up their technology industry, i'm worried that those critical issues, that would require major moves on china's part are not going to be addressed in whatever the final deal announced, presumably before lighthizer's date of march the 2nd he recently said that is when tariffs would increase. neil: danielle, this is an anecdotal incident i want to pass along but i was talking to a local pizza guy in my town. i don't want you to think i spend all my time to pizza guys, or eating pizza, he said

something interesting as i was waiting for my five pies and it was, i'm holding back a little bit, business is very strong. he could hire more people. he has a lot on the books already. he is spreading them out because he doesn't want to get rid of anybody but he is being pretty guarded for his 2019 spending plans. he run as very successful shop. >> yep. neil: boy, i talk to danielle on this, i would be curious what you make of it. one guy in a small town but i thought, you know, his business is obviously very successful. i alone account for half of his sales so there is that. but, but, i found it interesting that he was, just, pulling back a little bit, or just holding back. what did you make of that? >> you know, we get a fresh report out overnight on small businesses in america. and i would have to say that your local pizza therry is not a unique case.

we're seeing small businesses in particular, much more cautious than they have been in years, when it comes to hiring decisions going into 2019. and broader decisions in terms of expanding their businesses. so that hesitancy is definitely resonating across the nation. so i would venture to say, neil, you exponentially increase the amount of pizza you buy from him just for gdp. neil: i do my best. i can't carry the torch. i was wonder what you would make of that. that is interesting read. the woman is genius with all sorts of numbers and we rely on that expertise. we'll look what danielle is talking about. we have a fairly good day for stocks, fairly good day for bonds. you don't often see that it's a sweet moment where inflation and hyper activity is not a big concern and steady as she goes

and goldilocks environment is. we'll have more after this. i c'i am or what i witnessed, but i can tell you liberty mutual customized my car insurance so i only pay for what i need. oh no, no, no, no, no, no, no... only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ with expedia, i saved when i added a hotel to our flight.

so even when she grows up, she'll never outgrow the memory of our adventure. unlock savings when you add select hotels to your existing trip. only with expedia.

♪ neil: welcome back, everyone. the dow up 22 points. what is going to be interesting, when we start getting dribs be drabs what the president could announce tomorrow night in his state of the union speech in washington. there are a lot of things happening in the background here, including 11 days to go, 10 days tomorrow, before a conference committee has to cobble together something to meet the president's demands for funding for a wall and democrats demand led by nancy pelosi for not a dollar for a wall. there might be a battle of semantics, how to get both sides on board or the president might go ahead and telegraph he would call a state of emergency to go ahead and get that wall or part of that wall built.

but again, to do that, at a state of the union, when you still have a number of days left to put something together, might be a jump on things. no hose better what to expect, sort of like the broad outline of what a president like this one could say in what will be a pretty divided congress, historian doug wead. doug, good to have you. >> thank you, neil. good to be with you. neil: he probably wouldn't, that is the president, go ahead and i will declare a emergency. it would make a mockery of the conference committee but he is certainly sending out all the smoke signals. what do you think? >> i think i probably wouldn't guess what donald trump may do because he is not a traditional politician. that is what makes him fun to watch and he can be unpredictable, so who knows. he loves these addresses. his first 2017 speech to the joint session had a 76% approval rating. his second one in 2018, state of the union address, had a 75%

approval rating. that is a lot better than just the 43, 48% approval rating among the american public. so it is something he wants to do. neil: you were reminding me that even with the president's struggling poll numbers, with the aggregate, they haven't really moved around that much. but, congresses are worst. democrats are worse. he will be the focus. he will have nancy pelosi right behind him, at the spending inordinate amount of time talking about a wall, then what? what can we look forward to? >> yeah, nancy pelosi will be an interesting face to watch. the democrats, there is a reason why she canceled the state of the union address the first time around, he was so generous passing the torch around gallery, talking about others. democrats had strict rules, don't clap, don't react that would backfire, he would use

that to promote things to their own constituency. things for african-americans, for hispanics and they sat there stone-faced. the second time around, nancy said you can applaud at some things. it look uncoordinated. some tepid applause. others enthusiastic, stone-faced. that is why i think she canceled it. i am told they have their own ideas, democrats, bringing into the gallery some of their own visitors, they will count on their allies in the national media to call attention to those people and tell their stories. neil: i think congresswoman ocasio-cortez is bringing the woman who confronted senator jeff flake at the time of the kavanaugh hearings. they're each bringing someone who espouses their view. you had reminded me, i forgot it, i didn't wear a hat because my head is so big, but if i did have one i would tip it to you, one of the things you said, don't expect the president when it is debate delaying state of

union speech in another venue. there is nothing like this venue. both party there is. joint chiefs of staff there. who's who power grab, that is where you want to be, right? >> it is very interesting. i was actually in the oval office in the middle of that whole debate when the vice president walked in and said to the president, the senate is behind you. we'll do whatever you want. donald trump said, no, no. we'll postpone it, we'll postpone it. they were willing to go to another venue. he knew, just as you just said, he knew this is the venue, this is the historic place, this is what gives him leverage. that is the reason nancy pelosi is fighting him every step of the way trying to block it from happening. neil: sew turned down my idea that he do like olive garden or ihop? you are probably right you stick with the well of the house. doug wead, thank you my friend, very, very much. >> thanks, neil. neil: here is how angry some

democrats are in new jersey at the president for never releasing his taxes. now they're saying you either do that or we'll take you off the ballot. how do you like that? after this. ♪ you got a side that loves that style, ♪ ♪ but to fit in those shoes gonna take awhile. ♪ ♪ today life's got you runnin'. ♪ ♪ tomorrow big things are comin'. ♪ ♪ that's why nationwide is on your side. ♪ ♪ might mean a trip back to the doctor's office

just for a shot. but why go back there when you can stay home with neulasta onpro? strong chemo can put you at risk of serious infection. in a key study neulasta reduced the risk of infection from 17% to 1%, a 94% decrease. neulasta onpro is designed to deliver neulasta the day after chemo and is used by most patients today. neulasta is for certain cancer patients receiving strong chemotherapy. do not take neulasta if you're allergic to it or neupogen (filgrastim). an incomplete dose could increase infection risk. ruptured spleen, sometimes fatal as well as serious lung problems, allergic reactions, kidney injuries and capillary leak syndrome have occurred. report abdominal or shoulder tip pain, trouble breathing or allergic reactions to your doctor right away. in patients with sickle cell disorders, serious, sometimes fatal crises can occur. the most common side effect is bone and muscle ache. if you'd rather be home, ask your doctor about neulasta onpro. pay no more than $5 per dose with copay card.

neil: all right. billionaire john malone is the latest to start sniffing around the fox regional networks that could be up for sale. charlie gasparino has been following story unlike anyone i know what he knows. >> three bidders as of thursday. it was mlb -- neil: that was weird one, mlb. >> i tell you why. they're bidding why we understand fox business network malone and his number two have indicated they will bid. three bidders as of thursday. neil: by that -- >> we're out. we're out. this is what happened. we had 21, 22 regional sport networks. one is yankees sports networks.

when they sold the entertainment package to disney, they had to get rid of the sports properties because they own espn. regulatory issue. disney is essentially auctioning it through investment bankers at jpmorgan. hit a lot of bumps in the road. listen, it is their cable properties. you have cord-cutting. it is not as much -- they're not the cash cows they were although there is value there. as of thursday, three bidders, mlb, apollo management, private equity fund and sinclair, sinclair broadcasting. other semiconservative network out there, does a lot of local broadcasting. from what we understand late in the process on thursday, malone, through greg maffy, his number two, reach the out to bankers, that they're eyeing these things. neil: are we talking, this would have be a lot of money? >> $10 billion what they indicated.

stopping short of putting in a official bid. i don't have that confirmed. to be honest with you, i believe they put in official bid. malone and maffei are putting in, they would like to buy it for 10 billion. why does this guy care? liberty. malone is known as cable cowboy. for every prodigious deal-maker over the years, tci was his big company -- neil: do you think he was founding distributor for a lot of, you know, iconic names from cnbc to fox news all over the place? >> he is on charter. he owns a big chunk of charter, from what i understand. >> he provided -- >> he has been very down on cable business lately because of cord-cutting. why does malone want this? it is same reason why mlb wants it. malone owns atlanta braves. he is actually teaming up with the tom gore from what i

understand platinum equities who owns the detroit pistons. both of those properties are aired, their games are aired on fox regional sports networks. neil: right. >> what they're worried about these properties going into very weak hands, very highly leveraged private equity firm, comes in, swoops them up, sinclair, swoops them up, doesn't put into the money for promotion, distribution, does not get good distribution deals -- so therefore -- neil: these are regional. >> therefore the ant la braves get -- atlanta braves get screwed pushing out their programing. detroit pistons get screwed. why mlb is looking to buy it. they don't want small market teams -- yankees are working out a deal with amazon, okay? that would be announced i think imminently. amazon will buy a chunk of the yankees entertainment network. one of the, one of the 22 regional sports they networks.

the yankees that is the crown jewel, like the dallas cowboys. doesn't matter that much who owns them. basically, everybody is going to want to watch the yankees and dallas cowboys. the problem -- neil: funny if they played each other. can't do that. baseball. football. go ahead, i'm sorry. >> i was trying to figure out the logic there. neil: my mind. iconic big names. less of an issue when they're not so iconic, not so big. >> the detroit pistons worries about sinclair not getting great deal to push out programing for, for the pistons. the braves, you know, iconic franchise but not the name recognition of the yankees. so malone who owns the braves, this guy gore who owns the pistons, from what i understand they're talking about buying it. neil: can i ask you a dumb question? when we originally sold fox to disney, we and disney knew they couldn't keep them, right?

>> yes. neil: why did we let it go? it was not integral -- >> that's a great question. i, you're asking me what is in the mind of the greatest business man of all time, rupert murdoch, okay? neil: yes. >> my guess he sees cord-cutting coming as well. these were the most vulnerable properties. disney was looking to amass -- neil: same thinking didn't apply to the news or business? >> yes, yes. not yet. you know, listen -- neil: we're all about -- >> we all will be affected. my point, disney owns them, gets them, figures out it has to sell them because of espn issue. even though it is not a direct overlap. it is regional. espn is national. there issue they have to sell. real problem with disney is this i tell you, because comcast came in, remember comcast put in competing bid, a story we broke here on "cavuto." neil: you broke. i had nothing to do it. >> gave me the seat, thank you. in any event, because of that,

it bid up the price that disney had to come back. so the fox rsns were valued at $20 billion. now they have to sell something they paid $20 billion for and they ain't going to get 20 billion. they will get something, if you throw in yes -- neil: other players could emerge? >> if there is bidding war they may get it, the numbers we're hearing, if you throw in yes, you should throw in yes, because fox owned 80% of yes, entire package will go for 13 billion, not 20 billion it was valued at. how is that? neil: awesome. see the super bowl? >> i'm a big tom brady fan. i like edelman. i like the whole team. neil: you and he are alike. you exercise, eat right. >> super bowl i make my own gravy. pasta, meatballs. neil: gravy. >> you're have irish, you call it sauce. neil: a lot of people listen

having no idea what you're talking about. >> it is when you put toe tomato sauce and. neil: shouting in my ear telling me to wrap up. >> still getting around yankees playing dallas cowboys. neil: you mentioned. it would be weird. >> it would be very weird. neil: sure. thank you very, very much. he is the best. so connected, that phone is constantly ringing. most of the time fancy restaurants confirming resolutions. 77% on any money you leave after you go. think of that. bernie sanders says it is a fine idea. after this of the you traded options. i'm not really a wall street guy. what's the hesitation? eh, it just feels too complicated, you know? well sure, at first, but jj can help you with that. jj, will you break it down for this gentleman? hey, ian. you know, at td ameritrade, we can walk you through your options trades step by step until you're comfortable. i could be up for that. that's taking options trading from wall st. to main st. hey guys, wanna play some pool?

eh, i'm not really a pool guy. what's the hesitation? it's just complicated. step-by-step options trading support from td ameritrade (get-together, especially after ibeing diagnosed last yearto go with my friends to our annual with advanced non-small cell lung cancer. (avo) another tru story with keytruda. (dr. kloecker) i started katy on keytruda and chemotherapy and she's getting results we rarely saw five years ago. (avo) in a clinical trial, significantly more patients lived longer and saw their tumors shrink than on chemotherapy alone. (dr. kloecker) it's changed my approach to treating patients. (avo) keytruda may be used with certain chemotherapies as your first treatment if you have advanced nonsquamous, non-small cell lung cancer and you do not have an abnormal "egfr" or "alk" gene. keytruda helps your immune system fight cancer, but can also cause your immune system to attack healthy parts of your body. this can happen during or after treatment and may be severe and lead to death. see your doctor right away if you have new or worse cough, chest pain, shortness of breath, diarrhea, severe stomach pain

or tenderness, nausea or vomiting, rapid heartbeat, increased hunger or thirst, constipation, dizziness or fainting, changes in urine or eyesight, muscle pain or weakness, joint pain, confusion or memory problems, fever, rash, itching, or flushing. these are not all the possible side effects. tell your doctor about all your medical conditions, including immune system problems, if you've had an organ transplant, had or plan to have a stem cell transplant, or have lung, breathing, or liver problems. (katy vo) where i am now compared to a year ago, it's a story worth sharing. (avo) living longer is possible. it's tru. keytruda, from merck. with more fda-approved uses for advanced lung cancer than any other immunotherapy. that's it. i'm calling kohler about their walk-in bath. nah. not gonna happen. my name is ken. how may i help you? hi, i'm calling about kohler's walk-in bath. excellent! happy to help. huh? hold one moment please... [ finger snaps ] hmm. the kohler walk-in bath features an extra-wide opening and a low step-in at three inches, which is 25 to 60% lower

than some leading competitors. the bath fills and drains quickly, while the heated seat soothes your back, neck and shoulders. kohler is an expert in bathing, so you can count on a deep soaking experience. are you seeing this? the kohler walk-in bath comes with fully adjustable hydrotherapy jets and our exclusive bubblemassage. everything is installed in as little as a day by a kohler-certified installer. and it's made by kohler- america's leading plumbing brand. we need this bath. yes. yes you do. a kohler walk-in bath provides independence with peace of mind. call... and ask about saving $1000 on a walk-in bath, or visit kohlerwalkinbath.com for more info.

neil: i knew, i knew that this would be something that art laffer would want to talk about. not the reagan play last night in the super bowl. we'll get to that in a second. person -- bernie sanders wanting

to jack up estate taxes to 77%. to be fair to senator sanders he has been preaching this consistently throughout his very long career. but again, it is catching fire. i'm wondering right now, art laffer, who joins me, is this worrying you or hurting the democrats? to a man and woman they are kind of reading from the same choir book? >> i loved your last segment with charlie gasparino. john malone was a classmate of mine at yale and phenomenal mine. neil: is that right? >> what bernie sanders is espousing for years is consistently wrong and wrong for a long party. there is no are vulgar tax than the death tax. you can earn your income. pay your taxes fair and square. you can take the attacks income. go to vegas and can rouse and smoke, as far as my government

is concerned it is your money. you want to give it to your kids, you rat, tax it up to 77%. it is anti-family, anti-human tax. neil: depends if you like your kids, art. >> i've got six. i like a couple of them. i like a couple of them. neil: what is interesting about this, i was getting into it with another guest last week, the idea it's a wealth tax. >> they try to make it that. it's a lawyer's subsidy. neil: they have already been taxed. >> yes they have. neil: so they are taxed again. i always figured that the rich will find ways around that. >> they do. neil: and, same with the top rate, when it was over 70, when it was over 90%. >> yes. neil: when kennedy when john q kennedy proposed lowering taxes, sadly not put into effect until after his assassination, we brought it down to around the 70s, right? >> yes. neil: so i'm wondering if, the realization is it won't affect that many people. that is where they're trying to get the money.

>> two things it will affect a lot of people. when kennedy lowered tax rates the top 1% paid more in taxes after the tax rates were cut. same thing true with harding and coolidge. when they cut the tax rates from 77% to 25%. tax revenues on top 1% went way up, not down. with reagan, as well. when we dropped the rate to 28%, the top 1% paid more in taxes on just themselves. so that, in addition to that, neil, they caused booms in the economy. this higher rate would cause contraction. all the other people would pay less in taxes with the, with the higher thing. they downturn it would cause. it is just ridiculous what bernie sanders is talking about on the death tax. neil: if you tax the wealthy on 100%, that is part of the strategy, that is fine. i don't mean fine but we have to find a way to widen the tax revenue pie here, we're not doing that. >> should be low rate, broad-based, jerry brown, flat

tax. neil: last night, i'm watching the super bowl, and -- >> i loved it, didn't you? neil: no i didn't. it was very dull. >> i'm sorry. very sorry. neil: i was trying to get into it to understand what was going on, i did catch the reagan -- >> the reagan play. neil: i loved it. >> reagan, reagan. >> is that ronald reagan reagan? he said reagan. neil: even i could figure out they're going to run to the right. i had no idea what that meant. but what did you make of that? >> i thought that was great. i enjoyed that. i jumped up, not a football fan to be honest with you, i jumped up, got really excited, expected them to go to the right, go to the good. there was no good side of the field, figured it had to be the right. bernie sanders needs to get lessons from reagan. so do all the others. it is just silly what they're

saying. you can't love jobs and hate job creators. that is just silly. neil: it is interesting, too, obviously something that, you know, the base, the democratic party feels very passionate about to even things up, some even proposed this is a way of forcibly narrowing the gap between the very rich and average folks that you could argue if you tax someone to hell you will forcibly bring their net income down. but there is not to albert way of doing that? >> yeah. got to be a better way of doing that. low rate, broad-based flat tax, neil. the rich will pay their taxes fair and square. as it is right now, warren buffett has all the legal deductions you can imagine. in 2010 i think it was he paid 9 million in taxes. his income in my calculation, the simon definition, it was 12 1/2 billion. the reason he did because he got every deduction, every exclusion, every loophole there ever was. lower rates, broaden the base

and get rid of those loopholes. do exactly what jerry brown did when he ran for president in 1992. low rate, broad-based flat tax, 13% across the board on both income and net sales. no other federal taxes at all. it is static revenue. plus, and we would have the biggest boom we could imagine. poor would get jobs. we would do just what kennedy dreamt of, the best form welfare is high-paying job. i wish liberals would see it. frankly it is right down their alley. neil: i would be remiss, producers will kill me, i wanted to get your thoughts on a study, "axios," shows the president has a lot of executive time disproportionate time he is by himself, not going to any meetings, with inference e-mailing it in, he is lazy. ronald reagan was criticized for this sort of leadership style. we don't know what they're

doing. neither ronald reagan did or in this case donald trump is doing with that executive time or whatever they're calling it. what do you make of it? >> well, i don't know, when every time i'm with the president, he is alert, he is covers lots of topics. quite lech call, quite involved in topics. what people don't realize he is the president. his advisors are not the president. they're there to advise him. he is decisionmaker, when he goes ends if the advisers, not because he is stupid or anything. that is exactly what he is supposed to do. he is the decisionmaker, they serve him, not the reverse. what i think he is doing a great job. neil: you're president 24/7, that is your business. >> reagan was great at that too. reagan understood he needed a lot of sleep to make good decisions. i need a lot of sleep. i am 78, but i make great decisions, neil. neil: 20 hours. >> i'm up to 22. that is my dream.

neil: art, whatever you're doing is working, young man. art laffer, former reagan economist, supply-sider. he made it cool. >> thanks. neil: on the president again and tax returns that a lot of democrats have for years been trying to get their hands on. new jersey has an interesting way to force the issue. but putting a ballot on state measure that would demand the president either release the tax returns or have his name taken off the new jersey ballot. to "the daily caller" news foundation chris bedford. i don't think this would be legal, but what do you think of it? >> i doubt it will hold up. it took governor chris christie to veto it. will get a democratic governor to get it through. there were a lot of laws when president barack obama was in charge, people need to furnish birth certificate. they were called racist and conspiritorial at least dealing with what the constitution

requires after president, that they be a natural-born citizen, live here 14 years, 35 years old and haven't already served two terms. in order to add another requirement to be president, you would have to get a constitutional amendment. neil: i'm always, surprised chris, that these returned have not been out. one page a return from years ago came out with a large loss. the understanding being, well it is possible that since that substantial loss he didn't or hadn't paid any taxes over the years, as part of a multiyear write off. we don't know, are you surprised as i am, they didn't leak out? >> i'm amazed. in today's political climate, there is basically no secrets. every single thing seems to get revealed over and over again. irs holds very sacred of trust of keep people's tax returns private. there are so many people who must have little bit of access that it hasn't leaked blows my

mind. we might see it this year with democrats in congress demanding it. neil: we know it was a staffer at the irs who did leak that one page of that form. i forget the name. but, obviously they are hungry to do that. but i just don't find any legal means by which they can force the issue on a ballot approved by voters and take the guy's name off ballot. >> that would be like disenfranchising voters. wouldn't make amount of difference, president donald trump will not win electoral votes from new jersey. it set as terrible precedent. it would cause to look at new jersey, you're playing tricky with the ballots here. you shouldn't do this. chris bedford, always good catching up, my friend. >> thank you. neil: you might have heard something about the super bowl yesterday, reagan play, all of that, tom brady, say what you will he is amazing. something like 78 years old.

wins the sixth super bowl. i started looking into how he stays forever young. it is not only what he eats but when he eats it and his exercise regimen which is extremely disciplined. he never veers from it. what the brady mentality could tell us in any field at anytime. of any age.

♪ neil: all right getting email from people, neil, tom brady is not 78 years old. really? he is 41 i guess, been playing 20 years, whatever? he is still on fire. and a lot of people say well, he will retire on top at all. he is on top. i don't see any sign of aging. then i started looking into it, i was intrigued by what he is doing, how he pulls it off. eats meticulously. and how much he eats. how much sleep you get, you name it. something that is right in this, young lady's wheelbarrow, psychotherapist, best-selling author, your best age is now, dr. robi ludwig. dr.ing good to have you. >> good to be here. neil: he is doing something right. we live in our own head. we are what we think we are,

gravity and time is reality. somehow he is defying it. >> yeah. well, what i love about tom brady is, he is not accepting this early retirement, right? especially in the athletic world. if you're an athlete in 40, they tell you retire, be announcer. neil: i hate when they tell me. >> there is a lot of moxie. there he is actually rebelling against a cultural script that says, once you age, you're aging out of what you love doing. neil: he is not aging. >> he probably feels very young in his head. at 27, he reported having a lot of physical injuries, feeling pain. he didn't want to feel in pain. he said, with wisdom, and eating a certain way and being mindful, he was actually able to reset his body so it was stronger. but it take as mind-set. he is also purposeful.

he is living within his purpose. and when you -- neil: but very, very disciplined about it, right? >> yeah. neil: i was telling a story, a cardiologist friend of mine, neil, our internal organs are not meant to go 80ers years. they're capable of going 100, 125 years. they're all packaged in the body, what we deal with in life, there is shelf life, even though more people are getting to be 100 or better. there is no rule that says, you can't add significant years. so, i guess diet is one thing. attitude is another. what do you think? >> i think it is diet, attitude. treating your body well. it is knowing your strengths. clearly, tom is very genetically blessed but -- neil: i thought of that too. >> he is genetically blessed. he is working with his genetics. he not relying on it a in crazy

way. eating a certain way. his attitude is very disciplined. neil: even down to the timing when he has certain foods at certain times. >> because it is working for him. neil: but i mean -- night its working for him and he himself well enough. you know where wisdom comes in. you know your body. you know how you want to feel. that is actually what works. lifestyle influences our genetic makeup. neil: physical ravages, if you get depressing something happens, you say oh god, not again, something is going on. you deal with patients, male, female, all stripes, physical and mental conditions. you're big on saying you can let this have the better of you, or you can have the better of it, it doesn't take away the fact you have these ailments? >> no, you are the biographer of your own life. if you are disciplined, don't

feed into certain cultural limitations, you take the action that you need to take, yes, each decade brings its own challenges. so what? deal with those challenges so you can remain on purpose. do what you want to do. he is actually, tom brady is giving a gift to athletes out there, who are turning 40. now they don't have to set those limits on themselves. neil: there might be other athletes not nearly as gifted as he. >> right. neil: they might be endangering themselves. how do you balance? >> you work with the right people. find out what works for you. what works with tim brady might not work for everybody. he is a gifted guy, not being lazy bit. neil: he never splurges. do you recommend, doctor, i want to splurge. >> everybody is different. i mean, like, this guy doesn't have coffee. that would never work for me. neil: forget it. >> there is no one right way for everyone. so you need to discover what works for you, try to stick with

it. put people in your life, that believe in you. have a little rebellion. you find yourself the way you want it. it is perfectly all right not to make you miserable. >> you can be miserable that is part of life. you should work on having other feelings as well. neil: producers in my ear say get out. >> probably leave. can i say anyway? can i rebel against that? your car insurance so you only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

do i use a toothpaste that whitens my teeth, or one that's good for my teeth? now i don't have to choose. from crest 3d white, the whitening therapy collection with new spearmint and peppermint oil. it gently whitens, plus it has a fortifying formula to protect your enamel. crest. healthy, beautiful smiles for life.

>> we are in for a big -- 97 on the s&p 500 companies will have reported by friday. some will include twitter, and hasbro. watch those guys. they could gauge how the consumers do. chipotles coming out. a lot of big names. the fact is, of the earnings

right now they are up over last year, on average the s&p 500 about 19%. that is about double what analysts that they would be going into this quarterly earnings report. we have the latest from the stock exchange. >> we are almost halfway through the s&p 500 companies reporting season. a lot to come this weekend. you mentioned the 20% improvement quarter on quarter as far as earnings go. i want to give you some information before the analyst communities and how much they are exceeding expectations. about 71% of the companies we have heard for so far have exceeded expectations as far as earnings go. 61% have exceeded wall street community expectations for sales. some companies will follow, google is today, that's the most closely followed, also later this week will hear from disney, from snap, from twitter. i want to focus a little bit on apple but google.

this company has never broken out the revenue from youtube. a lot of people watch youtube. the company in theory drives a lot of sales. i spoke with an analyst you said this could actually be about a 20 billion-dollar business. it's just that they never put that junk out there. there are some people who are saying it could be the day. as all of of these larger tech companies try to be more transparent this may be the moment where they say, we are going to show you what we are making from youtube. in the meantime, that's a little bit of the side chatter. aside from the numbers of what people are looking for this afternoon, which to put it out there, 1082 earnings per share and 38.9 billion in revenue. >> thank you. also belt along with disney, to the more scrutinized names. when their outcome over on it. in the meantime china talks. whether they will have a play on this. edward has the latest.

>> the chinese following through with at least one pledge going through with the trade talks. 2 million metric tons of soybeans have been ordered by the chinese to be purchased. those are meant for the reserves. they don't qualify for the retaliation tariff that was proposed on china goods. in 2017 china bought 95.5 million metric tons of soybeans. it was down to 88 million metric tons in 2018. the u.s. was the largest supplier of those soybeans and lost to most sales. china is trying to avoid the tariffs on $200 billion with the chinese goods going to 25%. they say if the tariffs do go

into play, he could have a cascade effect. a cascade of trade distortion measures into effect. currency manipulation, higher unemployment around the world. it also worries that supply chains could shift out of china if this does come down grade it would devastate their economy. trade talks are on hold this week. it's only because of the chinese new year. they will have to come at some point maybe mid next week the festivities for the chinese new year last for the next seven days. u.s. trade representative said he will lead a delegation to china, to beijing, sometime in mid february. >> neil: was there any possibility to show good faith that the administration would delay the imposition of those tariffs on chinese goods? i think they kick in around march 1. if things are looking promising they would delay their implementation. >> that is the question we put two u.s. trade representative,

he said no. he said his hard deadline is march 1. there has to be something in writing on march 1 in order to have the tariffs pushed off. he said this is a firm date. the president is not wavering on. he is not wavering on it. >> neil: thank you, my friend. there's the china stuff and then the shutdown stuff. or what they are trying to avoid in 11 days, when a conference committee must find a way, the democrats and republicans an equal number, find a way to keep the government lights on. no one is envisioning a shutdown. there is an ace up the president's sleeve that he could declare a national emergency. not that he would do that before the deadline. let's go to the white house with more. >> there are indeed a couple of different tracks running. you just went through them. one, the possibility of president trump declaring a national emergency on the southern border. in an interview with cbs the that aired over super bowl

weekend, the president talked up that possibility. he also talked about the possibility of potentially being a government shutdown a week from friday, february 15. the president said that is still very much on the table. the white house, though, is trying to downplay any effects that possibility could he have on the economy. that could potentially have on growth, as well. listen to the sea air chair. >> if there is a second shutdown, we would have to do the math the way we did last time. it looks like lasting effects are going to be very hard to see in the data. there's so much momentum carrying forward into the year. >> nothing on the president's public schedule today. i presume a lot of preparations for the state of the union address, that's tomorrow evening where this issue will be front and center. not only for their president but

also nancy pelosi sitting behind him for the first time. >> i can imagine he would make it all about the wall or the impasse on this. >> the white house is saying, there will be a handful of issues. the wall, immigration, trade, national security, drug pricing, this is not just a white house with one issue. it is the issue, but we will see how much he dedicates to it tomorrow night. >> neil: thank you. on foxbusiness we will cover that. here's an added benefit you get, you will see the real world wide market reaction beginning in asia and our own futures market, as if they interpret this as the president's should be in writing here. it kicks off at 8:00 p.m. eastern time. as long as it takes we are there, as well as for the democratic response. the markets don't seem to be concerned about china talks falling apart or there's nothing to avoid a shutdown or

constitutional crisis. these guys have a funny way of showing it. we are looking at our seventh straight week of deeds. we'll go over to dr martin. >> thank you, neil. >> neil: what do you like about this market? you have been calling it accurately. optimism is coming back. is it coming back too much? what is the balance? >> there for a while after that first leg up, when we went from christmas eve, that big jump up into early january it was pretty much straight up. there was a lot to talk about too far, too fast. i said there were two ways the market could do. we could have a small pullback or a big pull back to work off over that overbought situation. the market could go sideways

which is the path it shows. people who wanted to take profits or see what was going to happen. they sought go sideways for about two weeks. now, i think there is more upside momentum, absent any big news out of the china trade talk. i think we have more upside here before we see any significant pullback. >> normally, as january goes, so goes the rest of the year. january january was a strong month for stock funds, international funds, they were up 7.3%. if you were a betting man and which has more growth potential, would you look internationally? >> well, i think you have touched on something i really like. it's not so much it just the whole global picture, but where in the globe those really good returns are coming from. i think it is the same place they were coming from in the u.s. we saw the biggest gains in that run up in the small-cap stock,

the russell 2000 stocks in the u.s. a slightly riskier, higher growth stock. we saw the same thing overseas. the emerging markets outperformed europe, japan, and all of the normal first world countries. i think the place where we could see over the next weeks and months, some continued outperformance is in those higher risk exports. >> neil: i don't know how you feel about this, i look at market caps that can change depending on the movement in a stock. what's interesting to know about apple is that apple was like the last soldier to move forward after the stocks were dv banked in december. they all clawed their way back, except apple. now, apple is seemingly writing itself. you buy that? >> i do buy that. apple got beat down by good

reasons. anytime you tell somebody that you're going to sell 15% fewer of your marquee product than you did the year before, investors are going to take notice. they will look for some way that has a bigger growth potential to put their money. i think apple was overly punished. it has recovered and just the underlying fundamentals of everything they are doing, i think that still has a good growth potential on that stock. the big number, 62.3% margins on their services. they are growing services. we will continue to keep a floor under apple, neil. >> neil: it is interesting, too, we are following out of the reserve the employment report on friday jarred some, you wouldn't know it, but it jarred some thinking that maybe no rate hike at all this year.

maybe that's questionable giving that strength of that report. the across-the-board gains, even in the middle of a government shutdown. what do you think of that? are you in the camp that says no rate hikes issue? >> i believe that is what the fed has signaled. that has been giving us some foreshadowing before they put out there statement on last wednesday. i think the market did show some things that are very interest sensitive sectors like the real estate investor trust, the real estate stock that are more sensitive than others. they had a big day anticipating maybe there could be an interest hike. i am still in the camp that we want to get one. i think that is one of the biggest headwinds against the market. it has been removed for the whole year. i think it gives us a get over china trade hurdle. we could have good things happening for the rest of the first half.

>> it was good catching up with you. thank you very much. >> thank you, neil. >> neil: apple surpassed amazon on intraday trading. that means that shares multiplied. apple just eclipsed amazon but has not eclipsed microsoft which remains the largest u.s. listed company. iowa caucuses are about one year away. i think to sort things out it helps be in the nerd here, i tend to follow the money. follow the green, leave the red and blue out of it. kamala harris is getting a lots of green. smaller denominations, bigger denominations, but nobody is touching her. what that could mean, after this. - my family and i did a fundraiser walk

in honor of my dad, who was alzheimer's. i decided to make shirts for the walk with custom ink, and they just came out perfect. - [announcer] check out our huge selection of custom apparel for every occasion. you'll even get free shipping. get started today at customink.com.

>> neil: former senator used tos milk of politics. it did not help him even though he was raising a lot of money. sometimes it's the only thing you have to go on. so you find the amount of funds candidates are raising, and right now, senator, kamala harris is getting a lot of money raise. within 24 hours of announcing his small donations she raised more than $1.1 million. that has gotten larger as hollywood titans and others are beginning to gravitate towards her. the independent were roman forms director, i'm always cautious about assigning much to this. there were reports that hillary clinton had a substantial money lead over barack obama. what we were discovering in 2008 is that he was raising a lot of small donations at the time that

ultimately led to bigger donations. it's worth paying attention to. >> i think so. precisely because of some similarity she has with former president obama. smart democrats have to reassemble what i called the obama coalition. we are talking about young voters. people of color and women. if they perform well with that group in 2020, if they have enthusiasm headed into the election, i think that is something that senator harris could provide. i think she is a candidate to watch. she could reunite the coalition. >> neil: that coalition got barack obama elected twice. but, the thing you discovered is that it did not necessarily apply to gains in other branches. either house of congress, at the time. obviously there was a run at the table that democrats enjoyed when barack obama first came in. but, who would likely have the

significant coattails to pull something off like that? senator harris? >> i think senator harris, again look at what she can learn from former president obama, as a legislature he was pretty far to the left. when he ran for president, he pivoted toward the middle at least when it came to his branding and marketing with this open change slogan and so forth. this is something senator harris has to learn. she came out swinging with medicare for all, maybe too honest about how that could eliminate private health insurance option. then she had to walk that back. california is not america. politically on the issue she may have to moderate on certain issues if she wants to get traction voters were middle-of-the-road. >> neil: dishy also have an advantage with the california primary front loaded in march. it used to be an afterthought that the nominee was all but established.

now, it it could go a long way toward influencing who that nominee is. >> it never hurts to come from a very populous state. especially with the timeline and californians voting early. that is something to note. we also have to look at the rest of the field. what do the other candidates have to offer. we see some powerful senators from other states like new york. senator worn coming from massachusetts. candidates to watch, harris may have a leg up on them. i think she is more politically attractive. i think we are still waiting to see if a couple of gentlemen, joe biden and bernie sanders are going to jump into the race. they would be a different type of candidate to consider. we will see that sorted out in the next several months. >> neil: a lots of hats in that room. good speaking with you. one consistent theme touched on,

is the idea that many candidates may be left of center. the fact is, among those pushing a presidential run in 2020, most all want to raise taxes on the wealthy. some more than others. the recordholder could be bernie sanders, an estate tax up to 77%. liz, it's very popular with the base, i get that. in a general election, maybe less so. i have noticed in many states that is something that resonates with the voters, as long as it is not the very rich of voters. what you make of it? >> the party is moving toward the left. it looks like everyone on the democratic 2020 list is trying to outdo each other. first, you had alexandria ocasio-cortez say that you have to raise the marginal rate to

70%. then people are saying let's tax the states. elizabeth warren is tweeting about dan snyder's yacht sounds like she wants to confiscated to pay for her wealth tax. they all want to outdo each other. i think the polling questions sound good to voters. they say sure, they have a lots of money, why shouldn't they pay more taxes. when you get into the numbers of how much their policies cost, there is not enough money there to pay for them. >> neil: you can tax the rich at 100%. i get what they are trying to do is to forcibly narrowed the gap between the rich and the poor. that is been happening for decades. what i don't see either party addressing is the underlying spending that has created this. or, the fact that half the people in the country who could pay taxes pay no federal taxes. some are elderly, some say -- i

can remember in grad school that number was north of 80%. what worries me, that was just a few years ago. my point is, we are relying on a narrower subset of americans to put in ever increasing bill. that is not sustainable. >> exactly. it's interesting, you have howard schultz as saying there is no room for him in the democratic party, that is why he's thinking of running as an independent. >> neil: look how they are treating him. >> i was just in seattle, a very liberal crowd. he is a very liberal guy. he's on board with climate change, with changes to capitalism. he said there's problems with capitalism, but, the main thing is that we have a lots of debt. how are we supposed to pay for 32 trillion-dollar medicaid for all? the crowd responded. they said expletives, they want

to take the money from him. as the politics of envy have totally taken over the left. that is why you have all of the front runners coming out saying, let's soak the rich. >> neil: a lot of this is slowing the growth of government. slow the growth of it. medicare is growing at a 6% clip. can we make it grow at three or three and a half percent. the same with other programs. there are answers there to do that. but, each party shields itself from that by one denying raising taxes at all, the other for addressing any entitlements at all. then, we get stuck in the freezer. >> exactly. it's a shame, the spending, we are taken in record revenues with tax reform. we have enough money to spend. apparently congress can't ever address the spending problem. is something that president trump should address.

way back in 2000 when he was talking about possibly running for president in the future, he had a solution to try to start paying down the debt. i think he needs to start addressing that. it is a real problem on both sides. >> neil: liz, it's great to have you. thank you very much. well, there is housing and there is some trend in housing that some are worried about. others that some are encouraged about. why we are getting so many different reads. i think it has to do with vanishing deductible, the fact that we had so many pieces of data that look at it. we will break it apart. you decide.

>> neil: housing, depending on the data, we still look at home sales and -- sales. now we get a mixed read about how housing is looking. although the price of a new home has come down or year over year, some are interpreting that as a sign of waning demand.

the read on this from the digital risk cofounder. i'm so glad i have you. maybe you can make sense of what's happening. so many different pieces of housing data that show momentum is flowing. price increases are slowing. so, the argument is that housing itself might be hiccuping. where are you on that? >> it's great to see you. actually, i think there are two points. i like the fact that median prices are slowing down. once that part of the market hasn't come back it's the first time home buyer. especially in that 42 - 24 age range. give them a chance to come into the market is important. cooling-off pricing, portability becomes bigger. the second part, we are sitting at an all-time high of $9.8 trillion in home equity. basically, that gives confidence for those in house for those

remodeling projects or make other discretionary spending. i'm feeling good about where the housing market is. >> i always worry when we look at housing, could we have what we happened over a decade ago. one part of my brain says no, were not repeating the same. another part hears about the come back, albeit small percentages of it no loans. the other is a risky behavior and mortgages that cascaded on themselves. what's your thinking? >> i think we have a unique seat. the white label originated in that country. we don't lend ourselves but we do with technology. what were seeing in the marketplace are extremely sound. they are at low delinquency rates since 2005. the sound product. the credit profile and also the technology and the cycle which allows lenders to get true data

sources like income on a real-time basis. people actually have to have a direct source data. that's plane into a healthy mortgage economy. >> you are the expert. i tend to look at everything in an economy coming down two jobs. jobs are percolating. that's fine and good for housing. those jobs stop happening, a lot of other things stop happening, including housing. >> i still agree with you. two thirds of gdp is stuff happening. people start feeling nervous about their spend. their house is their biggest asset. maybe they will shy away from the biggest purchase of all time. i think the job market is doing well. wages are okay, 1.3% increase. all and all, we are in a good space. the first thing when people feel nervous about the job market they will not make a big

purchase. >> neil: we have had four months in a row where wages have been running at a three plus% clip. that again sustains housing. then, were hearing on the low end it is very hard, maybe are encouraged by the slowing growth in home sales because they can't afford a home. >> that's it. a big part is affordability. they sat out in the crisis for a long time. now they're coming back in but with rising interest rates last year. all the sudden pricing cap skyrocketing. we needed a cooling-off period. so, portability is a big thing right now. >> neil: you are in miami, that was ground zero in the housing meltdown for a while. a lot of people were buying properties, condos, sight unseen and flipping them like pancakes.

how is it now? >> that's a great question. if you drive down miami, there are skyscrapers everywhere. what's encouraging is most of the apartments are about 50% or 30% cash down. very strong. there is still a lot of growth in miami. 62% of all purchases or cash. that is staggering. i think the wonders have learned that they're not making the same mistakes. but, the growth in miami, being born and raised here, i'm still shocked they're finding places to build. >> neil: is good catching up with you. as we are speaking, we are keeping a close look at what's going on in virginia. the states african-american lieutenant governor has been talking about governor ralph northam and his bottle to hang onto his job. he is not recommending one way or the other. if the governor were to step down, obviously the lieutenant

governor would take over. there have been a lot of power players, including the former governor of virginia, who has said, it is time for you, governor northam to step down. joe biden has said the same thing. the lieutenant governor is standing and waiting. all ground personnel please clear the hangar. trips to mars. $4.95. hydroponic farms. robotic arms. ♪ $4.95. delivery drones or the latest phones. no matter what you trade, at fidelity it's just $4.95 per online u.s. equity trade. no matter what you trade, at fidelity a business owner always goes beyond what people expect. that's why we built the nation's largest gig-speed network

along with complete reliability. then went beyond. beyond clumsy dials-in's and pins. to one-touch conference calls. beyond traditional tv. to tv on any device. beyond low-res surveillance video. to crystal clear hd video monitoring from anywhere. gig-fueled apps that exceed expectations. comcast business. beyond fast. that's it. i'm calling kohler about their walk-in bath. nah. not gonna happen. my name is ken. how may i help you? hi, i'm calling about kohler's walk-in bath. excellent! happy to help. huh? hold one moment please... [ finger snaps ] hmm. it's soft... the kohler walk-in bath features an extra-wide opening and a low step-in at three inches, which is 25 to 60% lower than some leading competitors.

the bath fills and drains quickly, and the door ensures a watertight seal, so you never have to worry about leaks. kohler's walk-in bath was designed with convenient handrails for added stability and safety. the wide, ergonomic seat is tilted back for comfort and stability. it has a channel so water won't pool on it. and it positions you perfectly by the controls. while the heated seat soothes your back, neck and shoulders, warming up your body before, during and after the bath. kohler is an expert in bathing, so you can count on a deep soaking experience. honey, are you seeing this? the kohler walk-in bath comes with powerful, fully adjustable hydrotherapy jets and our exclusive bubblemassage. oh yeah, that's the stuff. everything is installed in as little as a day by a kohler-certified installer. and it's made by kohler- america's leading plumbing brand. we need this bath. yes. yes you do.

a kohler walk-in bath provides independence with peace of mind. call... and ask about saving $1000 on a walk-in bath, or visit kohlerwalkinbath.com for more info. would you mind passing my book there. once again, that's... and financing is available for qualified purchasers. a place with one of the highest life expectancies in the country.

you see so many people walking around here in their hundreds. so how do you stay financially well for all those extra years? well, you have to start planning as early as possible. we all need to plan, for 18 years or more, of retirement. i don't have a whole lot saved up, but i'm working on it now. i will do whatever i need to do. plan your financial life with prudential. bring your challenges. >> neil: at least there werecomd the super bowl game that thrilling. the commercials were cool. i was confused about the beer ones. forget about the wind powered stuff and then the corn syrup. it left me at a loss. fortunately, not jeff who is on the back end of this.

some farmers are not too keen on this. >> the one you are showing there, that is the corn syrup at about bud light, they are trying to position themselves that bud light is a healthy beer. they got the king of beers theme going. apparently the king gets a shipment of corn syrup, but he doesn't use corn syrup to brew bud light. he tries to return it for the guys at coors light and miller light who do you scored zero. take a listen. >> our brewers at miller light, we received your corn syrup by mistake. >> that's not our corn syrup. we received our shipment this morning. >> you're joking. >> try the coors light castle, they also use corn syrup. >> the corn syrup thing, you're talking about the tom brady diet. tom brady does not need any corn syrup. probably the corn growers are not too thrilled with him either. they tweeted that their disappointment with the ad and

the folks at bud light. in fact, a lot of people on twitter agreed. take a look at one guy who said, thanks bud light, for alienating about 80% of your agricultural customers who formally bought bud light. i will be buying coors light miller light from now on. the company is trying to be healthy so they are going to put nutrition labels on the packaging of bud light going forward. they say there is more focus for millennial's in terms of ingredients. good ingredients and putting the right things into their bodies. so, we found another thing we can all disagree on and get mad at each other over, that's whether there's corn syrup in your beer. i know there is corn and bourb bourbon. i would rather have it there if it's all the same due. >> is not an artificial substance. what is the harm. >> neil: some people talk about high fructose corn syrup. it's a sweetener. you can't make alcohol without some kind of sweetener. that's how alcohol is made.

i don't know if you remember that from your days and the ancestors of the moonshine. but you have to have it. >> you are so will help first with anything alcohol. i'm troubled by that. >> neil: i did have moonshiners in the past. if you look up in nascar there is a famous nascar driver who actually got very good by running moonshine in west virginia. >> a relative of yours? >> as my dad said, i have not tried to confirm it. >> to my flock is his name. nascar hall of fame. i digress. >> we welcome the the digression. >> neil: the president is saying the next step in venezuela might be military intervention. you're here to buy a used car, truck, suv.

that's smart. truecar can help. it's great for finding a new car, but you already knew that. it's also great for finding the perfect used car. you'll see what a fair price is and you can connect with a truecar certified dealer. so no matter what you're looking for, there it is. this is how buying a used car should be. this is truecar. (upbeat music) ♪

this is moving day with the best in-home wifi experience and millions of wifi hotspots to help you stay connected. and this is moving day with reliable service appointments in a two-hour window so you're up and running in no time. show me decorating shows. this is staying connected with xfinity to make moving... simple. easy. awesome. stay connected while you move with the best wifi experience and two-hour appointment windows. click, call or visit a store today.

>> it all began with some scribbled notes 5000 troops to columbia, next door to venezuela. with the john bolton scratches the president added, our military intervention is not out of the question. the brookings institute director, michael hammond,

obviously they're trying to send a message, michael, that they are going to be forcing the issue one way or the other. for nicholas maduro to step down. but, he's not stepping down. i'm wondering where this is going? >> it's a great question. i, for one, did not take seriously the idea that 5000 u.s. troops would be used to change regime in venezuela. venezuela is about the same size as iraq, or afghanistan. 30 million. when we sent forces to overthrow saddam hussein, we used to hundred 50000 or so. even in panama when george w. bush in 1989, we sent 20000 troops to replace manwell noriega. i think the idea of using 5000 troops or any meaningful impact inside venezuela is almost unthinkable. you can imagine an old-fashioned kind of commando raid or coup.

that is so risky. everything has to go right. i don't see the trump administration wanting to take that risk. they might not mind having the venezuelan regime of maduro, worry. now that the ideas out there, i think john bolton's yellow pad was about sending forces to columbia to help them with refugee overflow, not intervention inside venezuela. now that the ideas out there think president trump is thinking why not take advantage of it. put a little fear in the mind of maduro. all the better. >> neil: i wonder, too, if it would be an accident. to put that on there and have the reporters talk about it. i also want to get you thought about whoever has the military generally has control. right now, despite a general or two, maduro has that. i'm wondering when you see that changing? >> i think the odds are against it changing. but, i don't think it's impossible.

the military sees the country collapsing around it. it knows this is not a sustainable course. you can't buy new equipment, you can't buy fuel for you your vehicles if your economy is suffering hyperinflation and potential complete collapse. you don't want to be used by the incumbent regime to suppress potentially violently and enter into what could become a civil war things get worse. i'm guessing along in the military would welcome some kind of a graceful way out of this. the problem is, it's hard to see with the graceful way would be. without having mutiny. >> neil: i'm sorry. with ferdinand mark off to hawaii or something like that, new leadership takes control in the philippines. which country whic would take m? >> that's a good question. probably cuba, maybe russia. i think it's a good possibility to raise. with marcos we used american

leverage in american push. may be stronger than what president trump is doing now. some fighter jet flyovers and things like that. ultimately, it's it was to shame him into exile. not everybody will be willing to take that gamble and leave their cronies behind. that's why it is a high risk again. i think the trump administration is doing a good job. they don't control the outcome here. >> michael, thank you. good having you. >> if the president declared a national emergency, he can do that. but, legally, how far does he go with that? that's next. cme group can help you navigate risks and capture opportunities. we enable you to reach global markets

and drive forward with broader possibilities. cme group - how the world advances. . . .

♪ neil: the president certainly seems -- avoid a shutdown or not. a lot will depend obviously in the next 11 days whether they make any progress with this conference committee.

but barring a lax of progress on that front the president can always declare an emergency, get funding for his wall, get going. judge andrew napolitano said that would be a short-lived victory the you think it would always be challenged? >> a lot of attention is being paid by a one liner used by senator john hoeven used on sunday talk shows, the president will be forced, quote, to sign the executive order. nobody will force the president but what the senator is saying on advantage of bicameral, bipartisan committee, four leaders put together, they're not getting anywhere on the wall. so is really telling us what is going on. add to that mr. pelosi's statement, last day my house negotiators will be there in friday. if something will happen we need to time to prepare the legislation. the 15th is the following wednesday, friday. the president may choose to sign this executive order.

neil: now he can't say or telegraph that in his speech tomorrow? >> i think it would be terrible if he does that tomorrow night. neil: but he is certainly heading in that direction. >> yes. neil: you are arguing almost guarranty a court strikes it down? >> for two reasons. clear from the language of the constitution and interpretation of that language 1952, shutdown of steel mills, harry truman tried to force to reopen using government dollars, the president cannot spend money the congress hasn't authorized. problem truman didn't have that donald trump done, will hurd, congressman from texas, through whose district most of the wall would go, 80% is on private property. the president has to take that property by eminent domain. each one of those property owners gets a trial. the trials cost money. the president can't condemn property without authorization of government. neil: don't most of the property owners want the wall?

>> according to congressman hurd, i want a wall but not in my backyard. neil: gets monkey off president's back. go back to all the people. i did all i can do. complied with my promise. fill in the left, left-wing judge, liberal judge, obama judge, however he wants to characterize the judge, that will not resonate in the judicial and legal communities but very well may resonate with his base, may keep conservative elements of his base, some who trashed him last week. may be only resort he has, under the law i don't think it qualifies as an emergency. under the law he doesn't have the power to order the dod, department of defense to spend that money. neil: can't reappropriate funds already allocated for something else? >> precisely. neil: i always think they should find a new name for the wall. maybe cottage cheese. because they are stuck on the ball. >> that is a very interesting observation, cottage cheese?

>> you must have read george orwell's "1984", that words mean everything. neil: i was just hungry. >> where is charlie gasparino. might be some language trump an company and pelosi and company can each take a credit for it. neil: structure of some sort. you call it a fence, slats, but they're arguing over seem machine takes. >> i think they are arguing over semantics. she dug her heels in. she tasted blood. she was victorious. he dug his heels in. doesn't want conservatives trashing him. so i think the -- neil: shutdown -- every prominent republican i talked to, no, no, no, no, no. >> i will stick my neck out. a shutdown, the congress would override his veto of the if they pass legislation to open up the government again and are silent on the wall, it will be passed by more than 2/3 in each house,

means the republican party will dessert him. neil: you probably right. you should run the other way. calling wicked smart. talking about kicked smart, handing him very high market up over 88 points, charles payne. charles: thank you, neil. i'm charles payne w very a lot coming up. markets on pause, getting momentum as session goes on. look at nasdaq. investors awaiting alphabet, one of the most important stocks on the nasdaq. they report "after the bell." the question is will google help these markets finally break out. one day from the president making the state of the union. the white house is pitching a speech titled, choosing greatness. bipart sawn path to immigration reform and other things. can president trump and nancy pelosi finally fine common ground? what does it mean for