. >> i am the mother of jeremy jeremy never got treated right from the beginning, from the time of arrest. when he was hold at the lawrence county jail he never got an assigned call, or a sign language interpreter. he got called down 16 times when he was at the county jail. one week from incarceration exactly six days they found him hanging by the sheet. it was the most horrible experience i ever -- most horrid phone call i ever received in my life. he was 42 days without a phone call. a regular hearing person was allowed to use the phone within three days. my son was denied use of a phone for 42 days. i want my son treated just like anybody else. i want him to have the same opportunity as a hearing person does. i want him to be treated equal in the eyes of the law. >> talilah lewis joins us now she's the founder of heard, do you know how many in the prison country are hearing impaired? >> by and large prison systems are not tracking how many deaf in any particular facility. besides heard's database it is very, very difficult to tell. some states have some numbers but most states have not

jeremy scahill. max this is jeremy scahill yeah there is there is jeremy jeremy what's up he cancelled at the last minute i was going to get a tub of lard but i thought that was not only already done but it was a little bit too right wing i thought a red pepper was a little bit more progressive oh yeah. oh yeah he doesn't come on shows like this anymore he's mr fancy pants is over there oh my god i made a few billion with a big hero my god who's a mystic and the need totally trashed the indian micropayment market as i recall of bunch of other dirty dealings he should be writing a book called dirty debt but pierre oh my god former e-bay founder dirty micro journey micro debt. can go investigate dirty micro debts in india well by the way you know red peppers are have three times the number of mite vitamin c. you need for the day and also good for pre-menstrual syndrome so i thought that was also very progressive to be read for so for p.m.s. it's an excellent. miller and in some way most fantastic so that was in it so you know we were going to talk about dirty wars and it's opening here it's already been re

jeremy -- >> i have to follow that? [laughter] >> jeremy scahill this investigative journalist. jeremy has been a long-time contributor to the new program democracy now and correspondent for the nation magazine. as a journalist, jeremy is reported from all over the world, including afghanistan, iraq, somalia, yemen and the former lucas audio. he has twice won the prestigious george polk award for and reporting. in 1998 for his investigation in the chevron corp.'s role in the killing of two nigerians and environmental activist and in 2008 for his "new york times" best-selling book, blackwater, the rise of the world's most powerful mercenary army, which exposes the private military contractor blackwater. jeremy's investigative work has led several congressional hearings and is also resulted in jeremy testifying before congress on u.s. covert military actions. jeremy's newest book, "dirty wars: the world is a battlefield" is a monumental book which takes the reader inside u.s. military covert action, worldwide and the consequences of those actions. "dirty wars" has also been made into a d

as a result, people who already suffered a great deal are suffering more. >> jeremy bowen there, for us in lebanon. jeremy, thank you very much for your reporting. as we look at the difficult situation of refugees in this conflict, the united nations is reporting tonight that it's weapons inspectors have found that chemical weapons were used in five out of the seven attacks that they have been investigating in syria. late today, the north korean state news agency reported that the uncle of leader kim jong-un has been executed. the former general, who was ousted last week, has been a very powerful figure inside the regime. according to the news agency, he was purged for corruption and executed after a special military trial. a short time ago i spoke to bbc's lucy williamson in seoul and asked her how close chang song-thaek was to the seat of power. >> very close. very influential. he was not only the uncle of kim jong-un, he held various senior positions, military positions and party positions. he was the guy who was given the responsibility of overseeing the transition to power from the father to the son.

as a result, people who already suffered a great deal are suffering more. >> jeremy bowen there, for us in lebanon. jeremy, thank you very much for your reporting. as we look at the difficult situation of refugees in this conflict, the united nations is reporting tonight that it's weapons inspectors have found that chemical weapons were used in five out of the seven attacks that they have been investigating in syria. late today, the north korean state news agency reported that the uncle of leader kim jong-un has been executed. the former general, who was ousted last week, has been a very powerful figure inside the regime. according to the news agency, he was purged for corruption and executed after a special military trial. a short time ago i spoke to bbc's lucy williamson in seoul and asked her how close chang song-thaek was to the seat of power. >> very close. very influential. he was not only the uncle of kim jong-un, he held various senior positions, military positions and party positions. he was the guy who was given the responsibility of overseeing the transition to power from the father to the son.

the service, jeremy. >> and that's why your beer is warm and ours is cold. >> just the way i like it. >> we're teaming up on him now, jeremy. >> in that case, i'm going to let you go, jeremyry much. good to see you, jeremy hill. i still have to put up with anthony a little longer. get in touch with us, worldwide@cnbc.com, tweet us, @cnbcwex or direct to me @rosswestgate. >>> as the ukrainian president flies to china, we should expect no end to the crisis in the near term. as we do that, a reminder, european equities are down on the session lows, as well. about nine to one decliners outpacing advancers at the moment. hi honey, did you get the toaster cozy? yep. got all the cozies. [ grandma ] with new fedex one rate, i could fill a box and ship it for one flat rate. so i knit until it was full. you'd be crazy not to. is that nana? [ male announcer ] fedex one rate. simple, flat rate shipping with the reliability of fedex. with my united mileageplus explorer card. i've saved $75 in checked bag fees. [ delavane ] priority boarding is really important to us. you can just get on the plane and relax. [ julian ] having a card that doesn't charge you foreign transaction fees save

jeremy feels like an outcast. >> jeremy is the model inmate. very quiet. never gets into trouble. he's generally in his cell and if he does come out of the cell, he comes and sits quietly. >> i don't consider anybody here friends. i'd rather be in here than out there with some of those people sometimes, because there's a lot of negative energy out there. there's not very much people that talk to me in here, because i'm gay. >> merithew says he encounters too many attitudes. >> you want to be gay, that's your business. god don't like homosexuals. if want to do it, go ahead, but it's not right. >> the inmates in his unit are not always welcoming of homosexuals, and he has another strike against him. he is hiv positive. not only that, his condition is what led to his high-profile arrest. >> do most people know what you're in for? >> yes. because it was on the news. but actually they don't really understand what i'm in here because they think i'm here for transmitting hiv are, but that's not what i'm in here for. it's for nondisclosure. >> he contracted hiv after a sexual encounter seeking unprotected sex and soon found a willing partner. >> basically, he approached me on my -- saw my profile and sent an obscene remark. basically he came over, we had sex, and then he left. >> merithew's partner, a married man living a straight life later told police he assured him he did not have hiv. following his encounter, he contacted him again under a different screen name. this time, merithew admitted to being hiv positive. a couple days later the cops showed up at my door asking me questions about. that's one thing i don't -- i mean, why would someone want to invite big brother and uncle sam into your sex life? >> the judge allowed his mother to bond him out under the condition he did not place more personal ads. six months later, he was back in jail. >> i had a full frontal nudity of myself as a profile picture and went on a gay website to hook up, and they caught me. my bond was upped $300,000. >> though his victim was tested negative, he was convicted of having sex with an uninformed partner while being hiv positive, and is now awaiting sentencing. >> what did you think you did wrong? >> i don't think i did anything wrong. >> maybe, can you seriously say that? >> yes. i don't think i'm guilty of anything that harmed anybody. that's for sure. this law isn't about really harming people. i mean, the dude's a married man. he's out having unprotected sex with complete strangers online. if he hasn't encountered something before he's very lucky. >> he could face up to 15 years in prison, and this isn't his first offense. two years earlier he was convicted of the same crime with a different man but only had to pay a fine. >> that guy, i don't know what his deal was, but he was hard-of-hearing, and we were drinking the night when we met. i made sure he was aware the next morning. >> ironically, he says he contracted the virus from a man who did not disclose his own hiv positive status. >> do you feel like the person that gave you hiv, that they should have told you? >> i take 100% accountability for me being infected. i knew about aids since, like, eighth grade. so i knew i was having unprotected sex, even though i was high at the time, that's no excuse. so i take full responsibility. >> but he feels differently about his current case. >> i'm taking half the responsibility, but i'm not taking responsibility for anything that happens to his wife or anything that happens to his children, because of the fact that he's out having unprotected sex. >> sounds a little like you're not taking responsibility. that's what it sounds like. >> okay. i take responsibility. i should tell everybody that i have sex with that i'm hiv positive. sometimes it doesn't happen. okay. i'm sorry. >> i used to talk to him as a friend. why? because i wanted to bring him the gospel. not because i want to mingle with him because i don't condone his activities. >> ruben was the first to seek me out basically because my case is high profile, it's on the news. everybody knows my business. maybe i was attracted to him. as i learned his personality, and stuff, oh, my god -- this guy is kind of childish. really not attractive. >> i talked to him out of the kindness of my heart. when i saw that he was, like, liking me -- i mean, i'm like, dude, i talk to you but i'm not gay. you know, i'm not going -- especially being gay in jail is not a good thing to be called. >> florez himself is in jail for failure to register as a sex offender after he was found guilty of trying to have sex with a minor when he was 18. >> you better pray because you're going to go to hell. i told him, i have a reserved building in hell, and you're going to have to visit me. and he got pitched off at that. >> coming up, jeremy sets off a health crisis and ruben florez finds himself in the middle of it. >> he was a menace to the world. that's why they convicted him and found him guilty. now, he's still a menace to other people. >> then -- >> right now i'm ready to get out of here. >> another inmate makes a run for it. hi boys! i've made you campbell's chunky new england clam chowder. wow! this is incredible! i know. and now it has more clams! [ male announcer ] campbell's chunky soup. what? [ male announcer ] it fills you up right. >>> inside grand rapids kent county jail, it's a small room usually manned by a couple of deputies and a cadet and central control, the nerve center of the jail. from here, staff can survey and control movement through the entire facility. >> i always say that we're kind of like 911 dispatchers crossed with air traffic controllers. >> where you going? >> central control staff can open and close every door in the jail, and the choreograph the movements of hundreds of inmates in a m

jeremy if i can go to you. please so we have we have to keep moving on jeremy in london if i can go to you three of his best friend. were castro gadhafi and arafat again you know western perceptions here i'm sure that's not being focused very much on on c.n.n. and b.b.c. you know because he's supposed to be with the spice girls and you supposed to be with rock stars when it was wonderful church that he was wearing which were wonderful but this is again this kind of spinning mandela to the way we want to see him go ahead jeremy. well i think i'll just go back to a point i'd like to make here we've been talking mostly about the economy and the redistribution and so on and so forth and not a huge amount of change there at the macro level i think when it comes to mind i really don't think mandela himself had a great deal to do with economic policy in the period when he was president he was much more concerned with what i think he would regard as sort of higher things and that is basically trying to stave off the violence that i think almost everybody thought would would would be characteristic of whatever sort of transition took place in south africa and i think without sort of being haiti a graphic i think his great legacy is not so much on the economy because as we've been saying this to the lot to be desired there in some respects it's even got worse but. at the end of the one nine hundred eighty s. when apartheid was at its very worst i was working there then i think very very few people ever thought they c

jeremy lin...get >>> star appeal at oracle tonight, high flying rockets, james harden, jeremy lin, get this, dwight howard made all of his free throws. even hit a 3. a lot for them to overcome on a night where they honored bernard king. sports star. howard long range. rockets up 9. battle back in the fourth. tied the game at 98 late. mets position, ought oh. rockets retook the lead. james harden, they win 116-112. high school, a block party. that's jesse against foothill and hunt off balance. he had 25 points. they win 57-56. later, runningback is out again with an ankle injury for sunday's game against the chiefs. mcfadden heading to free agency after the season. we add that up, haven't seen the last of him. head coach, dennis allen did not rule out placing the back on injured reserve. >> all right. that does it for the news at 10:00. see you at 11:00. ,,,,,,,,,, ,,,, ,,,,,, (grunts) (bird squawks) (exclaiming) (school bell ringing) (barney belches) (whistle blows) (yells)

jeremy scahill is our guest. >> caller: yes, el low. i've followed jeremy's career for quite a while. i think his work is exemplary on blackwater and especially in the new book. earlier on the panel you had suggested that possibly we're in the reason that we're in the state we are now with obama was basically naive. he had no military experience, no foreign policy experience. if you could speak to him in light of what snowden has revealed, what could be done? because to my light, he's about the best kind of we're going to get. another bush or cheney would be a disaster. so here's a guy, a constitutional lawyer, a liberal, a good man. what could he do now to really make transparent and stop some of these abuses as you see them? >> host: thank you, carl. >> guest: appreciate the question. first of all, i don't think -- and if i gave that impression, i didn't mean to -- i don't think that president obama was knew brief. i think he's an incredibly brilliant figure. in fact, when he was in the senate, i worked with his office at times journalistically on the blackwater issue, you know, because he has a young -- he as a young u.s. senator actually was pretty serious about that issue. so i don't think it's about naivete, i think if he came into office without having military experience, without having serious foreign policy credentials and was to say to the entire u.s. national security apparatus, actually, i disagree with everything and i'm going to do it this way, i think he would have had a very tough time being the commander or in chief. .. deeper about the contradictions and of our society than donald rumsfeld former defense secretary -- secretary better tombouctou were right now.rs whistle-blowers have been indicted under the espionage act and former cia officials imprisoned for blowing the whistle on water boarding.d the nuances of portage buto the most devastating part is he has used the saysolic credibility that a lot of liberals wouldno oppose. >> host: we had reaction ask calls after your panel. why you continual bash the president? why do you bash president obama? >> i don't see it as bashing president obama at all. there is a reason why journalism is the only sited job in the united states constitution. and that is because we have three branches of government. and if those three branches of power collude together against the interest of the people the press is the forth estate. and journalist have a role to take against those in authority. what i would say to the caller is go back and look at my record in reporting on clinton, bush j obama. i have been consistent towards those in power and that is a core tenant of journalism. it doesn't how president obama treats his daughter. i care about how he treats the broader children in america by his policies. >> robert, you are on booktv. >> hi, jeremy, thanks for taking the call. first off, thank you for your courage is being the last shining light of journal'tshinig light of journa shining light of journal'ism. and it was cool to hear you write the letter and i will pester you to get an internship in the new outlet you are starting. i watched the film dirty war and there are many aspects of this story that strike me to believe the united states foreign policy and what they are doing over there, is creating more terrorism than it is ridding the world of. my question to you as someone who knows about this, and the true consequences of these policies, is do you think it would be beneficial to leave that part of the world alone? bring the military back. defend america. and stop invading countries. or do you think some presence over there is necessary? >> thank you, robert. >> i do think that we should totally pull out militarily from this nations. i think there is a responsibility way to do that. you cannot move tens of thousands of t

jeremy towner is nearing the end of his time in solitary confinement, and while he's scheduled to return to the general population, jeremy has requested placement in sny for fear of prison politics. >> if i go to sny, if i go back to the regular mainline, you know, daisies are going to be growing out of the ground real soon. they've got my name on a little tiny list. the list is the "no good" list. inmates have them. they carry them around. when they get letters from the mainline, they check to see if that person's name is on the list, and if it is, they send a secret message back to the main line saying go ahead and destroy him, he's no good, and i'll probably get stabbed in the back soon. because i'm sny. because i don't want to stab anybody more. i don't want to be their prison bitch. >> in order to be moved to an sny yard, jeremy can interact nonviolently with other inmates. >> the only thing that's changed so far is going out in the yard with 20 other inmates and going out there and seeing if i can get along with them. we only get yard, like, three times a week. it lasts from 9:00 or 12:00 or 12:30. usually right before i go out, i get panic attacks because i don't know if i'm coming back in. you don't know what's going to happen here, you know. >> as another part of his gradual transition to an sny population, jeremy is no longer in a solitary cell. >> it's been about three years since i had a cellie. as soon as i got to the shu, they made me single cell because i had too much violence. i knew i was going to have to take a cellie, and i was worried about it. over here men tend to act a little more aggressive, chaotic, you know, a little more uncontrolled of their own emotions. but -- >> what did you fear? >> being trapped in a cell with a big ass cellie who's going to beat the hell out of you or chop you up,

jeremy newberry joins dennis o donnell for 49ers preview.... vern glenn willo >>> 9er fans, keep it here on kpix 5. 7:00, jeremy newberry joins dennis o'donnell foreview. vern goes one on one with frank gore. the 9ers new home will host the super bowl of sports entertainment. it was announced that wrestle mania 31 is coming to the bay area in 2015. >> wwe is anything but conventional. >> it's truly a spectacle. it's suspense of a 9th inning home run the tension of a 4th quarter drive for the super bowl all rolled into every, single moment. >> also want to let vince mcmahon know that if he needs a bodyguard, he can call me. >> and it's very rare to find anyone in the world who does not have a wrestling story. >> i remember being a little kid and dropping elbows on my brother. >> i think the funniest time was when he took the beer truck into the arena. >> i thought that was awesome. he was just the baddest dude. >> my wrestle was always hulk hogan. the rock. >> pretty good. >> not bad. did you have a favorite wrest less, ann? >> no. actually, didn't she say everybody has a favorite wrestling story? i'm the only one who doesn't. >> come on. >> i'll

jeremy grantham-- >> that's a turn around liz: that's a turn around and jeremy grantham is going to see what is difficult to see beyond a severe economic shock, what will look at the fed's intervention and pushing in the market. >> that's interesting news, they're right. the question, what happens to malls if force like j.c. penney and sears close up shop and with this ongoing revolution of on-line shopping? what happens to the mall? what will the mall look like in the future? bill harris is still here and he will answer the question. ♪ you better not shout, you better not cry♪ ♪ you better not pout i'm telling you why, santa claus is coming to town♪ ♪ santa claus is coming to town♪ clients are always learning more to make their money do more. 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>> i don't think that you have anything that replaces the big department stores. i think what you have is smaller malls, more convenient to people and so you don't have to travel as far, without the necessity of the big anchor tents. stuart: so that's a real revolution? >> i think so. stuart: that's a sea change. this is the inflection point, this thanksgiving holiday weekend, this holiday period that we're now in, is this the moment of of the real sea change? >> well, it's tough to put a particular day, but, yes, i think this is-- this is the rolling, the cresting of the wave. it's been coming for a while and while it has been coming-- while it has, you know, the electronic and mobile stuff has been growing so quickly, people have continued to invest in physical location and i think right now this country is overinvested. it's similar to, in the arena that i work, if nl-- financial services. personal capital, my company, we now have 60% of our usage from mobile devices. and almost 100% of our usage in on-line devices. >> what's that, people executing orders or checking on the status of their account, that kind of thing. >> from the iphone, android, et cetera. it's a complete flip. now, think about the traditional banking environment. if you go back to 1970, short of your father's branch, and since then we've had the introduction of atm banking, of telephone banking and on-line banking and now mobile banking, each of these a substitute for the branch. so, one would expect that today we would have fewer branches. one would be wrong. today there are four times as many bank branches in the united states as there were in 1970. >> how do you explain that? >> massive overbuilding because of the traditional notion of how you sell. you sell by marketing to people locally and opening a new one and marketing to people locally. as a result there's a tremendous overbuilding of the physical infrastructure of banking just as there is for retail and i think all of that will face a decade of deconstruction. >> that's extraordinary stuff. which venue will we socialize with other people? i mean, shopping the mall, that's a venue where we see other people and interact with other people, and the bank is another example, and you're-- and you know. >> i think there is interaction, social interaction at the mall and there's not much at a banking center and not many people go. the place where we'll go with interacti interaction are places like coffee shops. stuart: what are you doing about this? >> i've actually cut out caffeine. stuart: you started this, didn't you? paypal really got payment on-line systems going. >> we were one of a number, but particularly important in the payment arena, because the only other massive and sort of global scale electronic payment system are the credit cards and the credit cards are doing very well as well. but they are not-- they were really built for a time of physical place to place interactions, paper trance, as, things like that. and you don't have to build the same kind of multi-party system which is essentially inefficient now that we're in the connected age. >> just take me back a ways. was it your idea? >> no. >> was paypal your idea? >> no. >> it was not. you can take credit if you want to. >> i would love to of course, but myself and a number of others were all in the mix. stuart: did you sit around and literally, did you sit around and say, this is a good idea? >> no, no, we actually were the compensation of two companies x-.com on one hand and i and elon musk were, and another company where max and peter were. they were originally working on an ability to beam wirelessly money from one hand held to another. we were working on building an on-line bank. both of us, you know, pivoted and at about the same time rushed into on-line payments, predominantly on ebay. stuart: bill harris, that was a pleasure. will you come back again? >> i'd love to. stuart: thank you very much indeed. >> thank you. stuart: there's a mystery tipper travelling around the country handing out literally thousands of dollars in anonymous tips. my take on why we are still a generous country. that's next. ♪ how about this, a 11-year-old girl tried to raise money to pay for braces for selling mistletoe. she got shot down because she didn't have a permit. but she's allowed to beg for the money. and plus, american teens getting mediocre scores compared to the rest of the world. who is to blame for that? and here is my take on the mystery tipper. you heard about this. someone is going around the country leaving huge tips in bars and restaurants and i mean huge. $2,000 to a bartender in michigan. $10,000 to a server at a place called "the hungry cat" in los angeles. the identity of the tipper has yet to be revealed, but he or she leaves a clue: @tips for jesus is written on each receipt. last year around the holidays there was a similarity of generosity and remember the layaway angels and people paid for people's purchases. and then the gold coins tossed into salvation army kettles with no recognition or tax break for the giver. this runs against the grain what you've been hearing about america. there's a constant drum beat about mean corporations and c callous americans and in short, the left hates charity and they want to take it because you've got it. i think we're going through a bad patch, actually. the real america is still there. it's just lost its public voice. that's why the mystery tipper, the layaway angel and the coin in the kettle stories, that's why they're so important. they remind us that america is a generous country and americans are quite prepared to give anonymously and without reward. it's a great country. ut fires. so i deserve a small business credit card with amazing rewards. with the spark cascard from capital one, i get 2% cash back on ery purchase, every day. i break my back around here. finally soone's recognizing me with unlited rewards! meetings start at 11, cindy. 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[ bagpipes and drums playing over ] [ music transitions to rock ] make it happen with the all-new fidelity active trader pro. it's one more innovative reason serious investors are choosing fidelity. get 200 free trades when you open an account. >> tuesday december 3rd, three weeks to christmas and here we go. a leftist group says i'll take issue with the post, smart phone shopping explodes all part of the retail revolution. we'll bring you the on-line winners. detroit bankrupt, insolvent, call it what you will. it is flat broke. the judge on today's court decision. america's underachieving teens, who is to blame? caley mcinerney reports on this. and a youngster on the treat cannot sell sprigs of mistletoe. welcome to the rules of lawyers. rest assured, charles payne is here. ♪ the numbers for on-line sales yesterday, monday, so-called cyber monday, they're in and they confirm what we've been saying all along. on-line is king. monday on-line sales up 17 1/2% from last year, 29% of those purchases were made on a smart phone or a tablet. that's going mobile. amazon's monday sales up 44% from last year and ebay sales shot up 32%. this i am calling a retail revolution. charles, am i going too far? >> absolutely not. the revolution has finally come around after about a dozen years, it's with us big time and i've got to tell you, of all the names, obviously, amazon has done well and google i like ebay a lot. stuart: really? >> i'll tell you why. they've had a lot of momentum coming into december and the same-store sales last week of november up 32%. for next year the growth on the top line should be about 15%. stuart: when you say top line. charles: the revenue growth. stuart: the money coming in, up 15%. charles: versus google 15% and amazon 22%. and amazon and google are up and ebay is relatively flat. two years ago they got an acquisition of a company that does transfers to your cell phone number. of course you've got paypal and you good this zon to it. stuart: they're riding the wave of mobile devices shopping on-line and making it easier. charles: the mobile is actually what probably made the on-line revolution possible. because we have the on-line all of this time, but it's the ability to do this over the phone that's really put jet fuel into this thing. stuart: it's exploding 29% of on-line sales done by one of these things. i'm getting it. charles: and you haven't bought anything from your cell phone? >> no. charles: neither have i. stuart: but my kids do. charles: my son does everything on the cell phone. stuart: we're down 45 points and we had been down 60 or 70 and now down 44, shy of 16,000. here is another on-line mobile sales winner, it's called groupon, record sales this past weekend. so, nicole, how high is the stock? >> i was about to say, how high was the selling, the best four days since their inception. groupon up at 9.32 a share. and they had the record sales over four days and it's almost like groupon is ala style of amazon. and they sold toys, they sold home goods, they sold tons of keurig coffee makers. stuart: i don't think of it as an on-line sales machine. >> me neither and 50% on the mobile devices. completed on mobile devices. stuart: excellent, nicole, thanks. charles you like groupon? >> we traded it earlier and we had a nice pop on it. i like it, anyone in it, there was a downgrade on it yesterday, may want to consider, maybe a $1 stop loss from here, but it looks like they're getting their act together, it could be a long-term buy and hold and put on the shelf. stuart: and i want to tell you about the car sales, the big three, used to be called the big three, general motors just reporting a 14% sales increase year on year. gm stock, by the way, now at $38 a share. earlier, we saw ford came in with a 7% gain, year over year. chrysler doing very well, up 15%, that's year over year. so, i'm going to call it pretty strong car sales for the month of november, following a strong october. you know, we've got a sad statement on the future of this country. 15-year-olds made no progress on achievement examinations and fallen further in the rankings down to 31st in math, 24th in science, 21st in reading of all things. and political prospect editor kelly mcnerney joins us and who is to blame for this? >> honestly, i think it's federal government spending we're using as a remedy, just throwing money at the problem. when you look at the numbers, it's startling. we spend $15,000 per every student in this country on education and that's more than every single country in the developed world and japan beat us in the international ranking that you mentioned and we're throwing money at the problem. it's not the lack of spending, it's the character of the spending. it's not trickling down to the classroom, it's federal government regulation and it should be a state-run education should belong to the state and no child left behind. it usurps a lot of power from the states and that to me that's the problem not relegating to the states. stuart: you'd get rid of it-- not all of it, but some of the bureaucracy because that's where the money is flowing, the administrators of the schools and all kind of people backing them up, the bureaucracy. you'd get rid of that. >> yes. stuart: but can you? kayleigh, you can't, you can't do that. i mean, the unions are so firmly entrenched and there's a big vote in favor of those unions. in favor of teachers, and i don't know if you can get around that? >> yeah, and i think you hit the nail on the head, stuart. the teachers unions essentially hold the democratic party captive so democrats oppose the school of choice and oppose the meaningful reform and bobby jindal in louisiana had a great voucher program and allowed the kids from lower income communities to go to private school and have the same opportunities that a lot of us were afforded. but the irony of it all in protecting the teacher unions, president obama and the democrats are hurting the very people they claim to want to help, the lower income communities by shielding the teachers union. stuart: charles, who is to blame here? >> kayleigh, i start with the parents. and some parents are happy when they get an a on a watered down test. they come home with a report card not reflective of their achievements and they're work hand-to-hand and who the democrats keep voting in. >> charles, that's absolutely true and it definitely starts in the home and we need the parents to be the enforcers and be sure their kids are on track. and the kids are just stuck in failing schools, failing communities and then they have teachers, or parents, rather, like you said, giving em this the thumbs up for the watered down a-plus test. it's a two-prong solution, it's the teachers and the parents. stuart: how come in we're in such a mess education-wise in america, we're still by far and away the most innovative society on the planet especially when it comes to technology? that's a contradiction, it, kayleigh? >> it's true that's a contradiction yet, i think that americans, one thing that we have we're well-rounded. there's an emphasis on sports, on other activities and an emphasis on entrepreneurship and all of those things combine to make a well-rounded wholesome individual. that being said the lack of academics, the lack of education can have a real effect in generations to come. if we don't remedy the issue and em bolden our schools and create well-rounded individuals it's going to hurt in the long run. >> i've got to tell you something, we've got a false security in talking technology stuff. when i go to hospitals and look at the surgeons, i see, i don't know, maybe it's because i've been to new york and california and well over 50% of the top surgeons are either-- weren't born here or their parents weren't born here. think about silicon valley for a moment and the companies created right now. about 40% are from people from outside of this country. they're begging, they're lobbying washington to let hem hire more people from outside of this country. and you know, we've got the tech companies headquartered here, but the people populating them when you look at annual reports and looking at the names making their way to the top. none of these people were born in america. we have a false security if we think because ibm is located here and google and all of the companies that somehow is reflective of america, it's not. you go inside those companies and you'll see a disaster. you'll see exactly how bad it is and despite over $15 minimum wage is stupid, we need to be getting these kids education, science, technology, math, get them in google, let them start googles, because i'm telling you pretty soon we'll look over and the only thing we have is a shell based in america and everyone working there will be from a different company. stuart: we're getting news from a courtroom in detroit where the judge is giving the ruling on the city's bankruptcy. are they allowed to declare bankruptcy or not? first off, the court finds city has proved it is insolvent. the judge just said it. that's from our own jeff flock inside the courtroom. we'll bring you more details as they break. but the judge has just said, yes, detroit is insolvent. that's important. all right, everyone, kayleigh, thank you for joining us this morning. by the way, i understand you sat-- she's gone. you know, she sat an important exam yesterday. i want to know how it went. charles: oh, yeah, i think she's great. stuart: we'll bring her back and ask her. to washington, president obama will renew the obamacare pitch today talking about everything good about the law. should be a short speech. meanwhile on capitol hill more political theater. rich edson watching it in d.c. rich, what is this hearing all about? >> with he will -- well, stewart, the title is the president's constitutional duty to faithfully execute the nation's laws. basically what the republicans are looking at. the moves the administration has made delaying the employer mandate. allowing health insurance companies going against the laws, it was written against the changes and essentially the laws r they have he a phased out. and what the republicans have charged the president with, selectivvly enforces parts of obamacare and whether or not that's constitutional and that's the examination, started ten minutes ago on the hill. stuart: do you think anything is going to happen as a result of these hearings? >> i think we're having four hearings this week and they're about whether or not the administration can keep to the correct line with telling the truth and making sure that basically they don't get caught in a political misstatement on capitol hill. that's what it's been about for weeks here. stuart: you're going to cover it for us, rich, you know that, don't you? >> i do. stuart: lucky you. rich edson, thank you very much. >> thanks, stuart. stuart: to stocks, back to them. netflix about to launch its first ever new series for children. nicole. nicole: right now it's to the down side. don't forget what a big winner it's been making deals left and right and this year, obviously, running up and making deals for more availability for their subscribers and now, this is about turbo. turbo the movie. there's going to be a series called turbo fast and this will start on december 24th. you to -- you know they have a lot of original programming and that helps so much. and they say the kids programs are watched over and over, but they say they draw more than 2 million viewers with that alone. you know kids, it's not like my day i'd come home at 4:30 and watch brady bunch at that time. kids on tablets know what they want when they want it. stuart: you're not that old, nicole, stop doing that to yourself. see you later. >> see you later. stuart: best stock i've seen so far today is apple now up about $10 we're going to follow that for you. happening right now, a judge just saying that detroit has proved itself, yes, insolvent and the detroit bankruptcy, yes or no just after this. ♪ for fun he says, get a job ♪ that's just the way it is ♪ some things will never change♪ ♪ that's just the way it is ♪ [ male announcer ] how could switchgrass in argentina, change engineering in dubai, aluminum production in south africa, and the aerospace industry in the u.s.? 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[ male announcer ] ask your docr today if eliquis is right for you. well, did you know that just one sheet of bounce outdoor fresh gives you more freshness than two sheets of the leading national store brand? who knew? so, how do you getour bounce? with more freshness in a single sheet. >> disappointing profit forecast, and criskrispy kreme, used to invite on the show and they'd bring a dozen donuts. and they're down. and breaking news out of detroit. moments ago a judge ruled that the city has proved it is insolvent. remember, there are a total of 18 billion in the hole and judge andrew napitano is here. okay. so, the judge says, yes, you are insolvent. there's one more hurdle to clear before they can formally said to be bankrupt. >> yes, normally an in bankruptcy, when the bankrupt estate, an individual or a corporation owes a lot more money than it owns, people are happy to go into bankruptcy because they'll get 10 cents, 15 cents, maybe, 50, 60 cents on the dollar, but when you have a labor union which has imposed upon the city a burden into the tens of billions of dollars that they don't have. they don't want 10 or 15 cents on the dollar, they want 100. and let us sue the city and we'll win. >> the judge said in the courtroom he will not rule today on those pension liabilities. okay. >> i don't want to second guess the judge, i don't know the tech for mat, but the judge must first rule whether the city is truly bankrupt. he said yes, and then whether they've truly negotiated in good faith. the union says the city won't talk to them. if the judge finds that the city did negotiate in good faith, then the city is truly bankrupt under chapter 9 and he, the judge, will take everything the city owes and everything the city owns and slices and dices it. >> and at the end of the day it's highly likely, is it not, that detroit will be bankrupt? >> yes, this is an important model. people may say, i don't live in detroit and never been in michigan, what do i care? you know what? it's an important model because there are other major municipalities in the united states on the brink of this will set a pattern for other cities throughout the-- >> and mostly about those pensions. >> yes, this is, most of this is about pensions. stuart: judge, hold on. okay, the judge also said if the city had not deferred its pension contributions, it would have run out of cash in january of next year. so there you go. look, the bottom line here is if they go to bankruptcy, that is the only way you can discharge these pension liabilities, which are crippling municipal governments up and down the country. >> yes, and doesn't mean that the pensioners will get nothing, but they cannot get 100 cents on the dollar because they impose burdens on the city, through the political means, far greater than the city could ever pay and now those burdens, those bills are due. stuart: this is the only way, is it not, that you can get the pension liabilities-- >> under our system, yes, the only way and i think this will set a model for many, many other municipalities, cities and counties throughout the country that are teetering on the brink of bankruptcy and looking to detroit for an example. stuart: it's a huge fight? this is a big deal for everybody? >> this is enormous, if they bankruptcy did not go through, there would be nothing left of detroit. stuart: that's interesting. >> the police couldn't work because they wouldn't get paid. fire couldn't work, hospitals and schools would close, people would leave, vast swaths of city land unowned. stuart: if the judge says no, you're not bankrupt, if he says that detroit collapses tomorrow morning? >> yes, because then the thousands and thousands of human beings and entities that are creditors of detroit will be left to filing lawsuits, each of which would require a jury trial. stuart: oh, goodness. judge, please, will you stay right there for a second? the judge has ruled that detroit is in fact insolvent and has not ruled whether the bankruptcy can move forward and he said he'll not rule on the pensionsment and says that if they had not deferred the cash for pensions, that they would have run out in january. and stay there. i give everyone my take on appropriate francis and his take on capitalism. for the left that did not set too well and find out what they're saying about me, calling moi after the break. ♪ silent night, holy night [ male announcer ] here's a question for you. if every u.s. home replaced one light bulb with a compact fluorescent bulb, the energy saved could light how many homes? 1 million? 2 million? 3 million? the answer is... 3 million homes. by 2030, investments in energefficiency could help americans save $300 billion each year. take the energy quiz. energy lis here. hmm. mm-hmm. 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[laughter] >> from this traditionalist pre-vatican to his dear anglican friends, i'm with you. and the pope and church is to save my soul not my pocket book. stuart: i was making two points. i was disagreeing with the pope who does not like free market capitalism. individual liberty is best for us collectively. >> no system has alleviated more poor people into the middle class than free market capitalism. no system in history. stuart: right. i thought the pope was really very much in favor of the european social model which is neo socialism which failed its own people and i disagreed with the popeeon that basis and secondly, to your point, i don't want to mix politics with my spiritual life. when i go to church, i do not wish to have my vote counted for by the preacher. i don't want idon't want any me politics whatsoever. and you know, i think you and i agree on this. >> yes, we agree on this. look, the pope is confident to teach the church and the world on matters and faith of morals and he can talk about social justice, but when the pope says it's the obligation of the government to take from the rich and give to the poor because that's the only way to alleviate poverty, he doesn't know what he's talking about. stuart: now you are a catholic and i'm an anglican and sitting here is i believe a southern baptist, is that correct? >> and we all agree? >> i'm not sure. >> and my wife is a catholic, too. issue, guys, this is how you win popularity in the world these days. this is the pope hit the ground running and extraordinarily popular and we saw a rejection of capitalism in chile and in new york city. and i think it's a larger frightening points. >> the pope was asked recently what's the worst problem in the world, war, generocide? the answer, youth unemployment. it's hardly the worst problem in the world and nor is it a problem that the church is competent to address. stuart: why does the church stand so much in favor of a failed model? europe has been plunged into depon deponcesy and despair. >> going in the wrong direction. stuart: why would the pope do that? you're a catholic. >> i can't get into his heart, i wish he could stick to faith and moral, which is he's sound and traditional. when he gets into the worst problem, how many angels are on the head of a pin, he comes up with an answer that please the crowd, but do know the warm the soul. stuart: you're pre-vatican 2 or 3? >> don't say vatican 3. there was no vatican 3. vatican 2 was enough. stuart: is it banned in the united states? >> no, pope benedict xvi still alive and no longer reigning issued a decree that every priest is allowed to say the service in latin, but many are talking out of traditionally, and into english. and it's been trivialized and that's not fault of this pope. stuart: do you have any comment on the latin mass? >> not the latin mass, but it's a gigantic issue and glad we're talking about it. it's further than the catholic religion and the pope. >> the pope moves huge numbers when he speaks like this. i don't know if these people vote, i assume they do, but the pope's popularity-- >> all over the world, he is a rock star. an absolutely rock star. stuart: nice way to wrap it up there, charles. thank you indeed and judge, as always a pleasure. up next two points for our resident geek, and more people shopping on mobile device, two, we have the numbers to prove, yes, we're right on that one and he will also respond to this, does he really think samsung will be a winner with the new smart watch? >> it isn't market ready yet. there's lots of kinks, notifications don't always work, it's a little clunky and they said themselves. stuart: interesting. every day we're working to be an even better company - and we've made a big andcommitment to america.ts. bp supports nearly 250,000 jobs here. through all of our energy operations, we invest more in the u.s. than any other place in the world. in fact, we've invested over $55 billion here in the last five years - making bp america's largest energy investor. our commitment has never been stronger. ttdd# 1-800-345-2550 can take you in many directions. searching for trade ideas that spark youruriosity tdd# 1-800-345-2550 you read this. watch that. tdd# 1-800-345-2550 yolook for what's next. tdd# 1-800-345-2550 atchwab, we can help turn inspiration into action tdd# 1-800-345-2550 boost your trading iq with t help of d# 1-800-345-2550 our live online workshops tdd# 1-800-345-2550 like identifying market trends. tdd# 1-800-345-2550 now, earn 300 commission-free online trades. call 1-888-628-7118 or go to schwab.com/trading to learn how. tdd#-800-345-2550 sharpen your instincts with market insight from schwab tdd# 1-800-345-2550 experts like liz ann sonders and randy frederick. tdd# 1-800-345-2550 get support and ta through your ideas with our tdd#-800-345-2550 trading spialists. tdd# 1-8-345-2550 all with no trade minimum. and only $8.95 a trade. tdd# 1-800-345-2550 open an account anrn 300 commission-free line trades. call 1-888-628-7118 to learn more. so you can take charge of your tradg. >> earlier today liz macdonald was on our program showing that prominent bears and other people that think the market will go straight down. some prominent bears are now in retreat and say that the market is going up next year and go up big time. sandra smith in chicago, what do you make of that? >> well, from a traders perspective. timing is everything. whether you're talking about the next week, the next month or the next year, you're going to get a lot of varied answers and that's causing the volatility right now. the vix is skyrocketing. uncertainty a skyrocketing, and fear in the marketplace is sky rocketing. the s&p 500 is up 26% this year, the dow is up 22%. and if you are responsible for managing someone's money or a fund's money and your job is to track the s&p 500 you're probably going to lock in the gains you've got and go home of the rest of the year and that's why we're seeing the selling the past several days, there's no need to put that money at risk in the final weeks of the year if you've already got 30% returns on your investment this year in the stock market. so, we are seeing a lot of investors running for the exits the final days of 2013. stuart: when bears reverse themselves that could be a sell signal in itself. when the pros say no, no, the market is going up straight this year some will take that as ho-hum selling because they're going to be wrong. i'm sure there's some of that out there. >> well, the definition of a bubble is when asset prices rise to a level that doesn't meet the underlying fundamentals of the market, right, stuart? and that's why you had all of these bears piling on saying this can't last. when you start to look at the fact that we're starting to get improvement in economic numbers and corporate earnings look good and charles points that out. then the bears start to ask themselves, well, if we get a dip in the stock market, when do we start to turn around? 2014 could be a good year and they're starting to prepare for that. stuart: sandra, thank you very much indeed. we've got the resale headlines for you now, it's all about on-line. nearly half the people who shopped, did so on-line and traffic at bricks and mortar stores were down 4% this calendar year. okay. down, that's actual sales, and that's traffic. a number of people going into bricks and mortar stores down, on-line selling straight up. here is the man who used to run paypal and he's going to say what happens to shopping malls as a result of this. >> i think the mall of the future that we already have today. it's amazon, ebay. ebay for used, amazon for new, upscale products and i don't think you have anything that replaces those upscale department stores. i think you have smaller malls more convenient to people and you don't have to travel as far without the necessity of the big anchor tents. stuart: let's bring in jeremy, what do you think of that? >> i think that's absolutely the case. stuart: the future? >> i did not go into a single mall in the past couple of days, not a single store. i did my shopping on-line and i had a bunch of things to get, they were accessible. stuart: accessible on-line and easier to shop on-line. and don't have the traffic. and i said it's a revolution and a triumph for on-line and retreat for bricks and mortar. i'm calling it a triumph revolution, too far? >> i don't think so. you're absolutely right. and the other aspect, it's a triumph for stuff like ebay and amazon clearly succeeding and also a massive triumph for companies like apple and android and the google operating system. stuart: why? >> of the on-line sales, one in three purchases was done on mobile devices. one in three. not only are we buying the things we knew we were buying them. they've transformed our lives and we're browsing the internet and shopping and putting the credit card numbers in the phone and do

jeremy. >> from anamosa? where's he at now? >> a-2. >> they got the camera on him? >> yeah. >> don't do it, jeremy. it's a setup.t's been going on since you've been in prison. where did you come from today? >> i came from state anamosa penitentiary. due to an inmate causing some problems. they accused me of throwing -- >> hang on. hang on. >> as our cameras roll, fickling's new neighbors continually attempt to disrupt the interview. >> i'm scared to death where i'm at because i don't know what's going to happen. you know. supposedly they say this is the worst penitentiary in iowa. >> but as we learned later, fickling's new neighbors have equal cause to be wary of him. >> the reason i'm mainly in lockup is because i got in a fight. that was my original thing while i was in ft. dodge. i assaulted an officer with urine and feces. >> i don't want to sound ignorant. how do you use your bodily fluids and throw it on somebody? >> i mean -- i used a cup. i mean, there's crazier inmates. they'll put [ bleep ] in their hand and throw it at you. i mean, you got inmates that will smear it on the walls and write graffiti. it

jeremy scahill is our guest. >> caller: yes, el low. i've followed jeremy's career for quite a while. i think his work is exemplary on blackwater and especially in the new book. earlier on the panel you had suggested that possibly we're in the reason that we're in the state we are now with obama was basically naive. he had no military experience, no foreign policy experience. if you could speak to him in light of what snowden has revealed, what could be done? because to my light, he's about the best kind of we're going to get. another bush or cheney would be a disaster. so here's a guy, a constitutional lawyer, a liberal, a good man. what could he do now to really make transparent and stop some of these abuses as you see them? >> host: thank you, carl. >> guest: appreciate the question. first of all, i don't think -- and if i gave that impression, i didn't mean to -- i don't think that president obama was knew brief. i think he's an incredibly brilliant figure. in fact, when he was in the senate, i worked with his office at times journalistically on the blackwater issue, you know, because he has a young -- he as a young u.s. senator actually was pretty serious about that issue. so i don't think it's about naivete, i think if he came into office without having military experience, without having serious foreign policy credentials and was to say to the entire u.s. national security apparatus, actually, i disagree with everything and i'm going to do it this way, i think he would have had a very tough time being the commander or in chief. .. former defense secretary and rodriguez ran the program and they are are in book tour right now in one official who was imprisoned for blowing the whistle on water boarding. the nuances important but the most devastating part is obama has lost hisicy credibility to put a stamp of legitimacy are policies that democrats would oppose. >> host: john called wou earlier this and i promised him i would ask you this question. wide you continually bashs the president or president obama? >> i don't bash him at all. onl united states constitution. and that is because we have three branches of government. and if those three branches of power collude together against the interest of the people the press is the forth estate. and journalist have a role to take against those in authority. what i would say to the caller is go back and look at my record in reporting on clinton, bush j obama. i have been consistent towards those in power and that is a core tenant of journalism. it doesn't how president obama treats his daughter. i care about how he treats the broader children in america by his policies. >> robert, you are on booktv. >> hi, jeremy, thanks for taking the call. first off, thank you for your courage is being the last shining light of journal'tshinig light of journa shining light of journal'ism. and it was cool to hear you write the letter and i will pester you to get an internship in the new outlet you are starting. i watched the film dirty war and there are many aspects of this story that strike me to believe the united states foreign policy and what they are doing over there, is creating more terrorism than it is ridding the world of. my question to you as someone who knows about this, and the true consequences of these policies, is do you think it would be beneficial to leave that part of the world alone? bring the military back. defend america. and stop invading countries. or do you think some presence over there is necessary? >> thank you, robert. >> i do think that we should totally pull out militarily from this nations. i think there is a responsibility way to do that. you cannot move tens of thousands of t

jeremy herb with the hill joins me on the phone to talk about this budget deal. so jeremy herb, what did they get owl of this? what did the two sides agree to? >> guest: this is modest dial. this is some sequester relief. $63 billion in sequester savings over next two years, half for d half for discretionary. sets funding levels at 1.02 trillion, the number right in between where the house and senate wanted bill. house want ad budget sequester lowered spending levels where the senate had higher level. they picked a number right in between the two. >> host: when it comes to sequester, the automatic spending cuts agreed to under thema budget control act of 201, how did they, how do they deal with it? 63 billion is restored. what does that mean then? there is still some sequestration that happens and how much and when? >> guest: yeah, that's right. they're going to, youw know, ge back some of the sequester cuts but still not all the way there. for pent gone for instance, they are going to reduce sequester by 22 billion next year which would haveeq meant that the budget lel that they're at this year under sequester wouldet be cut by an additional 22. still it is $30 billion lower than the budgets proposed by the pentagon and house and senate at the pre-sequester spending levels. they will have to find a way to lower spending levels under sequester. the military long warned about the pain and damage that the sequester is going to do. this will allow them to really avoid a lot of that in terms of types of readiness and cuts to military programs they say will come in 2014 without some kind of a deal. >> host: what did you make that this is two-year deal? why did they go from two years? >> guest: we've gone from crisis to crisis all these 11th hour deals and if this goes through i think we really will see that go away for the next year. there are some issues that will have to be dealt with. this does not address the debt ceiling for instance. that's coming up in the spring. even if we do get this budget deal passed. but you know, every october, instead of we're always getting to a cr and have to pass a cr and if this got passed for the first time in a while we would not have to worry about that come october. a lot people who said we should be budgeting two year cycles anyway because congress can't work quickly to pass a budget every year and they haven't done it. done it for military leaders and leaders on the hill. if this gets passed that erase that is crisis to crisis governing mode a little bit. >> host: jeremy herb, what is not in this deal? >> guest: a few things aren't in the deal. debt ceiling one of them as i said. democrats also wanted to get an extension of unemployment insurance into the bill but that also is something that the patty murray and paul ryan decided not to touch. it is a very modest deal. it is not the grand bargain long been sought from president obama and speaker boehner but it is a step forward in terms of actually, you know, trying to get some agreement. they didn't really tackle entitlements. they didn't tackle t revenues. but they did at least find a way to come to agreement on something which they hadn't been able to do before. david: david: as you said, 63 billion in sequester cuts. the automatic spending cuts are restored. it prevents a government shutdown through october 2013. no unemployment benefits extended. long term unemployment benefits extended. deficit cut 22 billion over a decade. how did they do that? >> guest: they found a way to cut $85 billion over

jeremy siegel gets up there, everyone knows who he is. the dow is going to 21,000. okay, great. >> i'm less nervous about the fact that jeremyg it than it's one of the most read sites. >> it could be 18,000. >> you're yearning for it. >> when the small investor comes in, the prediction is made by the number of hits. >> i did a story in 2011 on mark spitsnegle, the black swan fund in l.a. very smart guy. tail risk became a huge trend in recent years. that said in 2011 he was calling for a 30 plus correction in the s&p. >> wow. >> didn't happen. at some point it might happen. who knows. >> right. exactly. >> he thought it would be within two years or so. >> i bet that story was well read. rick? >> you know, i think it's highly possible. the stock market and much of the investing sectors is acting a lot like a commodity market. it's going to go parabolic. i think anybody who looks at the six months before the tech wreck saw that the nasdaq almost doubled in price in that six-month period. i don't think it's out of the realm of possibility at all. >> rick, you're with -- >> the important thing is what happens afterwards. >> it's