freedom to see all craziness behind the scene, what made one of our guys hop on the table to do push-ups. while you're there, look at the polls and more of your money at the elections. >> big news and big companies getting a big pass from the president's health care law. this week, the government widely letting nearly a million workers opt out. but what about the rest of us? are we out of luck? hello everyone i'm charles payne in for neil cavuto. fox on top of the little guy getting popped again. dagen mcdowell and adam and ben. what do you think of this one. >> i think it would be nice if we opt out of any legislation we don't want and it isn't right that certain people should get a pass from having to obey the law and would seem to be in violation of the constitution, doesn't seem to matter to this administration. but it would be, unfortunately

impossible because the health care bill relies among those who don't want it, don't need it, paying for those who do need it and can't afford it, so, it really is a bill in which the burden is put on people who don't really want to be in the bill and the bill won't work without that. >> i've got to tell you, dagen, fox learned that another 100 companies petitioned the white house to opt out. it's crazy and looks like the proverbial snowball is building. >> it perfectly illustrates the fact that nobody, none of the democrats who helped put this law together fully understand how it will play out on corporations, on businesses, and on individuals. you've already seen what a 9% premium increase related to obama care just for next year, you've had multi-billion dollar write-downs from major corporations from verizon to caterpillar. you've had a rule that they still haven't fixed yet that would cause small businesses to file 1099's on defenses

over $600. that would be a business killer. this is just one example of many problems that are going to pop up in the coming years. >> i've got to tell you, matt, what i find interesting, you have unions and businesses on this. mcdonald's, i guess that story brought us to light, but the united federation of teachers, 300, almost 400,000 teachers are getting a waiver on this. to me the genie is out of the bottle. at some point you'll all want to opt out. the teachers union was one of the biggest supporters of the bill, giving a lot of money to a private organization to help lobby for the health care bill and now that they've pushed this through, they say, well, let's second guess this, we don't want a part of this anymore and now they need to waiver to opt out. and shows the support the bill once had is wavering as well and take that in consideration with bp pushing things down our throat and i think they're losing control and he think it gets repealed. >> maybe they're not losing control. a lot of people believe it's the grand scheme in the first place and everyone would want to o about.

t 0 ut and run into the arms. government anyway. >> i don't think that makes any sense, charles. anything more than what my three friends have said so far. and dagen, the only thing that this perfectly illustrates is that the people who don't like this bill, including all of you, will pick on any little thing to say a-ha. this is proof it's a bad bill and nobody likes it, because what nobody has mentioned so far, is that these waivers, these exemptions are temporary. >> this is a huge hole that you could drive my pickup truck through, it's so big. >> dagen, i haven't finished my point. >> oh. >> we should be applauding this fact this legislation was enacted and it takes times for the legislation to be written into all parts of it to kick in and the wavers are intended to so that the companies and the union can continue providing health insurance until 2014 when the government exchanges kick in. no one said this was going to be perfect, but what we can say is that there's time to

make it right, if not ever perfect. >> ben, a lot of people would have said-- >> lets. >> go ahead. >> let's make it perfect by revealing it, let's make it perfect by starting over went. i don't think declaration said let's much make it perfect and start all over again. >> ben, i know you love to talk-- >> and a few years to figure it out. >> sir, if it takes a few years to take it out maybe done right the first time. >> go ahead, adam. >> i think that's actually a bad example, ben, because the framers fuelly did come back at the constitution, several years later with the bill of rights, because they didn't get it right the first time and made several m istakes.

and some did opt out 80 years later, but didn't say we want to opt out immediately and these are the president's best friends wanting to opt out. >> and even some of the democrats as well as the republicans, it dawned on the democrats that just a matter of weeks after this thing was written into law, that oh, the 1099 requirement on expenses from any business over $600, that, duh, is a job killer and it's ridiculous and stupid then why did it end up there in the first place? and then they've got their heads where the sun don't shine and it's pretty obvious. >> i think it's the tip of the iceberg, we're very new into the bill already and raising major issues, what else is going to happen the next couple of years. i think the government made a big mistake. obama had in his mind to push health care through and didn't think it through and this will blow up and ramifications ending up hurting us dramatically and the economy right back to jobs and unemployment. adam, you have to add might,

it doesn't seem a week goes by there's not a new loophole exposed that costs the taxpayers a lot of money. we're not bending the health care curve at you will an and to ben's point maybe repealing would be the right thing to do, to get a right. >> number one, you can expect us to continue to fine things if a bill that ran in thousands of pages, i don't think that was a good idea, but it doesn't shock me either. i don't think that we should have expected it to bend the health care costs curve when its provisions haven't kicked in yet or have been-- or some of which have been-- have kicked in for a matter of weeks and so, no, charles, i don't think this is good evidence to repeal a law that a lot of people worked hard on and which still-- or for which the regulations stel need to be written. >> ben, final word to you on this. >> well, what do you think is worth doing about it, if i might say. i know i have the final word. come on when you have millions

of people wanting to opt out, something is wrong if that's fundamental, something's wrong. >> i've got to tell you, too, and the curve, it is curving unfortunately, curving in the wrong direction with the costs. republicans stepping up an and calling out nancy pelosi to cut out more spending in the lame duck session. clearly, they haven't seen-- the cavuto campaign plan calling for a permanent ban of all out of control, upside down spending. >> ♪ whatever, no we can't, he's a big ♪ ♪ look out, he is spider pig ♪ ♪ don't get any ideas, huh? oh!

[ male announcer ] taste pops... with pringles cracker stix. ♪ crackers turned into tasty, crunchy sticks! ♪ pringles cracker stix.

♪ so delicious... your mouth will be strangely attracted to them. ♪ everything pops with pringles cracker stix. >> live from america's news headquarters, i'm rick folbaum. a key border crossing for

n.a.t.o. troops entering afghanistan and that crossing, the site of repeated attacks on fuel tankers, transporting supplies. the latest attack last night when 29 vehicles were destroyed by rockets. so far, a total of 70 n.a.t.o. tankers have been taken out. and iran now says that it's ready to hold talks over the country's nuclear program. the talks could take place by the end of this month. and new video just into fox news of a german ferry on fire in the baltic sea this morning. an explosion on the upper deck starting the fire, firefighting ships were spreading the vehicle with water to keep it from breaking apart and spilling around 170 tons of fuel and we're told 22 people were injured, all of the passengers and crew were rescued. i'm rick folbaum, now back to cavuto on business, right here on fox news. >> house republicans, speaker pelosi, no lame duck pork, they're calling to demand 3 million dollars in ear marks from a post election spending

bill. maybe they didn't get the memo about the money plan sweeping not only america, but the world. ♪ >> that's right, the cavuto campaign plan for the economy was clearly saved waning all ear mark spending, since neil isn't here, he's designate me his campaign manager and matt, can we count on your vote. >> of course. >> and me out of here-- >> not giving any pork. >> exactly, i do agree with this and i think that the republicans and g.o.p. are taking this in the right direction right now because at least they want to get rid of pork that's a bill trying to pass and jam it down our throats, about 3 billion dollars of here marks the democrats are trying to get in. that's a step in the right direction, not completely on the cavuto plan to ban them completely, but-- >> you've got to ban one before you ban them all and speaking of them all, okay, a lot of people and i have already once said the dollar

amount is small or insignificant, but listen to some of the stuff. a youth soccer gang prevention, 200,000 might be better in england than here anyway. >> oh, i love-- >> utelation research, 4.5 million dollars, wood utilization. and across the board, in iowa, north carolina, you always see it. >> what potato pest and disease research. >> how about 2 million dollars in grape genetics research in new york in 2009. well, charles, we can look the at the small numbers, but if you need to look at the big picture you've got to start somewhere and can't always make an excuse for not cutting spending somewhere. and it would also eliminate the favortism that people use-- that the politicians use in play at year in and year out with these ear marks, but you know, 1.3 trillion dollars annual deficit, you've got to

start somewhere and why not, well, swine and manure management. >> who would quibble we do need to start somewhere and more than at that, draw a line in the sand and start to say to the american public, say we're going to get the job done. i'm no fan of these things, i spoke out in favor of mccain when he said he wanted to do away with them. ear marks are a bipartisan tradition as you well know. you can only put up democratic examples when the congress is controlled by democrats, but the republicans are every bit as good at it as the democrats are. the only problem here, do you really want to be in a democracy where you tell the legislators, you do not have the power to enact certain legislation, you cannot do favors for each other. >> this is a clear and open transparent process, they're jamming them in the bill and-- i don't think you can banning them from pursuing it, let's put it to a vote instead of jamming it in there. >> the right thing to do would

be to not do it, but at the same time it's know the that big a deal. >> ben, you know, starting with this. i am ooh, for years it seemed like we sent our locally elected people in washington, the idea for them too loot washington and bring as much money to the state as possible and it seems like the american public says, go further than that and get the cuts and get the country righted again. >> well, first of all, i'm a little shocked at adam saying 3 billion is not a big deal. 3 billion divided evenly among the members of the armed services would give each one $2,000, each of them would like for christmas and maybe that's what we should do with the money and deserve it more than swine research, not that i have anything against swine, but i think the point is, that the legislators use federal money to buy votes and they, that's how they win elections, republicans do it, adam's totally right about that, and democrats do it, it's just built into the system, but it's going to be the ruin of the system. human nature is going to be the ruin of this fine system,

but unfortunately it's human nature. >> ben, do you think now with the winds in the air, american public can say we're not for sale and we don't want to till the country for the small crumbs you continue to bring to us? >> i think that the american people will say it over and over again, if you ask them 99% of the people say cut out ear marks, and congress will still find a way around it, that's how they buy elections. it's a corrupt process, but frankly still the best process on earth. >> dagen, you seem to like a lot of stuff on the list, so-- >> swine and manure makes me just excited. and the american people will get behind this, except for the people living down wind from a hog farm maybe, but that's it. >> that's it. okay. well, here we go again. we found out a new-- exaggravated facts, we're talking out of sight exas rayings and well, has ben going out of his mind.

[ advisor 1 ] what do you see yourself doing one week, one month, five years after you do retire? ♪ client comes in and they have a box. and inside that box is their financial life. people wake up and realize i better start doing something. we open up that box. we organize it. and we make decisions. we really are here to help you. they look back and think, "wow. i never thought i could do this." but we've actually done it. [ male announcer ] visit ameriprise.com and put a confident retirement more within reach.

. coming up lawmakers passing legislation, how scientists make ben stein look

>> agreements potentially causing taxpayers green and work. overestimating a pollution forecast by 340%. a forecast used to push through a cap and trade law in that state and ben, you just can't make this stuff up. >> well, it's a really sad thing because environmentalism is a great goal we want to protect our glorious forests

and mountains, and air. and some want to use environmentalism to control other people and son scientists want to do honest work and do their very, very best to give an accurate forecast what's going on here and some want to use science to control other people and the environmental movement is largely about totalitarian control of over people's lives and that's got to be faced at some point. >> also, adam, you know, i think the whole thing about pushing through all kinds of economic decisions paced on fear and guilt is so disingenuous and so wrong, you guys at prop 23 out in california i don't know how people in california would vote for it especially these facts come out. >> well, i'm an enemy of the proposition system completely, charles. i don't think that the people should tell the legislature what laws they should pass. they should tell, they should decide what legislatures they

want to go past the law. i don't go with ben that the environmental movement is largely speaking to have totalitarian control over us or eloquent way he put it. i think that people make mistakes. >> adam, 300-- >> well meaning. adam, one second. >> it's a number, charles. >> it's not just a numbers, connell on. >> it could be 270%. >> it's 340%. >> and now they're going to get it right. >> was it mistake or deliberate. >> what makes you think they are going to get it right this time. >> do you have any evidence it's deliberate. it's just, you're sort of maligning people. >> don't know. >> a board member on an air control board said that the scientists never had a doctorate and she knew about that. let's talk about the economic side of this. the construction industry in california said it cost 10 to 12 billion dollars. ap cost jobs and if prop 23 goes through, a million jobs, the average person $3 grand. small businesses 50 grand.

this legislation being pushed through on the faulty numbers is outrageous and it's killing the economy. >> you put that on top of coming on the worst recession in decades with unemployment rate in california above 12% in an industry such as construction that's struggling. you could crush, i mean, california is in enough trouble already and this will crush this, you could see unemployment skyrocket and like you said it's going to affect the little guy. the blue collar guys no longer have a job. that is terrible. >> you can easily-- >> but i think, i'm sorry, i beg your pardon, adam. >> no, i was going to back you up and say you can easily find examples of how a lot of these people are just trying to control people's behavior whether it's the government's release that they want a fuel economy standard by 2025, 62 miles per gallon on a car, which is going to mean that what 70% of cars don't even run on gas, and republicans pay $9,000 more for a vehicle. that's how they want us to live. >> ben, matt brings up the most important point in my mind. the economic toll from this

particularly on the little guy, it continues. >> it is a devastating toll and i think adam's brilliant, maybe it wasn't deliberate. it's interesting we seem to be getting all the environmental forecast about gloom and doom and need to control a human being, when are the scientists going to come out with a report what makes people happy and productive and the planet work better is to not control people? when are we going to get a scientist like that. and always seems that the scientific bias is to control people. >> we're leaning towards politics on this. take the scientific numbers and going to put it to push your political view and i think that's what all the greens are doing. >> absolutely, absolutely. >> one economics point we're overlooking, the construction industry said 11 billion dollars because they have to buy new plants and equipment and guess what put people to work, too. >> and you know what, i can go, i could go out and spend $500,000 on a wardrobe and it's going to put people to

work, too, but it's not the best use of our money. >> you know, and listen, adam, though the disingenuousness of it really smells really bad for everybody involved. >> and by the way, with all due respect, that's not all about, that's not all by a new planet. some are using different chemicals and ways of putting up a house and that doesn't buy a new plan and equipment. >> did you see this a new planet green infrastructure jobs with a new tax on every mile you drive. i kid you not. and this is giving the forbes gang a serious case of road rage at the top of the hour, but up here next, a new report saying discounts will give retailers their best holiday shopping season in three years, and you see these? instead of going crazy for toys on sales, they should be going after our gang's stocks on sale. hey, guys, i know i'vn bad at this in the past, so i've come up with some mnemonic devices to help me learn your nas. hello, a "penny" saved a "penny" earned.

oh, that's 'cause fedex ground helps you save money. that'sht, penny. do you know ours? heavens to betsy. dwayne the bathtub. magic wanda. ah! what's mine? uh, you're a dan fool. oh. it's just a device, dan. you c take it personally. yeah, i suppose. [ male announcer ] we uerstand. you need a partner whhelps you save. fedex ground. [ male announcer ] we uerstand. you need a partner whhelps you save. [ technician ] are you busy? management just sent over these new technical manuals. they need you to translate them into portuguese. by tomorrow. [ male announcer ] ducati knows it's better for xerox to manage their global publications. so they can focus on building amazing bikes. with xerox, you're ready for real business.

no need to wait for the

holiday sales to jump on our stocks for sale. a stocks that trade in turkey. in this country 3.7% gdp last quarter. a little bit of everything. >> adam what you think? >> i like the value. investors need to understand this has a lot of volatilitiy. >> what is your pick? >> cisco, you could say the same for the entire big tech sector. it has been beaten downstreamly lowell valued. they are going to add a deficient den. -- not a lot of downside. >> the cisco kid, he was a friend of mine. but i think the tech sector is always dicey. if you are to pick one this is a well managed company. >> what do you like? >> vti. i love those index