>>judge napolitano: mildly. could make a point, a stretch of a point, to say in schools, maybe. but now you are in my home. >>judge napolitano: the government with like to get in our homes. petroleum did not go help to government unless you are ron paul to shrink it but to use the power to regulate human behavior. some believe they are regulating human behavior if the good. others just do not agree. >>neil: the good argument is we get thinner, healthy, and the health care costs go down. >>judge napolitano: that is the argument. >>judge napolitano: the same federal government that cannot deliver the meal to our homes reliably wants to come in can tell us what to eat in our homes. >>neil: how would they police it? >>judge napolitano: probably put the burden were on the states so they will bribe the states. you want money to fix your highways and schools? regulate what people do in their homes. have the police knock on your doors at dip -- dinner tame. >>neil: would they check your grocery bill? there is no way did

>>judge napolitano: it is a serious issue. >>shepard: the judge mentioned 13 days to go and both candidates hitting the campaign trail. president obama started talking to voters in iowa and now he is on the way to denver and then off to los angeles for an appearance on "the tonight show," and late night in las vegas. the president will spend the night on air force one as he heads down to tampa, and governor romney is at a rally in reno, nevada and then heads to iowa and then ohio. the candidates will be in the key battle ground states. the latest polls appear for give president obama a lead, however slim, in the state of nevada. >>reporter: they do. but it is in the margin of error, governor romney finishing under the event here in reno trying to turn around the results of 2008. the president is increasingly looking like a map who is desperate to hang on to his job with the 48-hour six-state swing and continuing the same level of snark on display at debate this week, ridiculing governor romney for the shift to the middle sayin

judge napolitano: i am not going to go lower than that.g over each other] judge napolitano: i am not disagreeing. i won't knock her majesty on this. stuart: i am deeply indebted to you. you are coming back -- got a good weekend plan or something? in a good mood? judge andrew napolitano, a great performance. wait till you hear this. up next, my daughter's take on last night's debate. >> it brings all americans together that after watching last night's debate with you support or oppose barack obama i will say a prayer for his health every day because it is evident joe biden cannot become president of the united states. stuart: chris wilson's take on the debate. tune in to "varney and company" at 9:20 shark when we start. to the big board, the market check. the dow is up 52 points. nicole petallides has let dollar tree. nicole: looking at dollar tree. we are looking at these dollar stores and how they are ferrying. turns out the analysts are cutting price target. higher gasoline prices, all we are seeing cautious consumer spending. you are se

judge napolitano: the fed are saying that.e area of the law because president obama stated publicly that he would not have his justice department interfere with the waffle dispensing of marijuana pursuant to state law in places where it is lawful. in montclair, new jersey, not far from where you live and not far from where i live the state of new jersey has of a rise the establishment of the dispensary of medical marijuana and the federal government is not interfering. in oakland, calif. a similar dispensary is the target of this lawsuit. stuart: y? judge napolitano: we don't know what the federal government which outlaws all marijuana to everyone under every circumstance notwithstanding what the states do has decided to look the other way in the case of new jersey but enforce the law aggressively and literally in the case of california. they don't have to give a reason why. stuart: can the oakland people go to federal court and say you feds are discriminating, not going after in new jersey -- your going after a. judge napolit

>>judge napolitano: we are speaking to the converted the.ment is incapable of doing what it has charged itself with the responsibility for doing because it has no competition and there are no consequences. >>neil: they are distracted on food carts being x number of feet from the cub. that i would say, i would pass on the food cart and focus on the stuff that going in my blood stream. >>judge napolitano: the regulators are so far removed from the political process, will anyone not vote for a governor because the regulators missed this? this will happen again. the regulators will stay. >>neil: now over to what is coming up on "the five." >>guest: i don't know if you are a chooseless fan, the movie popular with my generation, one of the stars from that movie came out in support of mitt romney and she is an african-american actress and the feedback she has gotten has been so heinous, so nasty against her for supporting mitt romney. shocker, no one in hollywood has her back on this. so, i'm waiting for someone to, could out and actually condemn t

judge napolitano: that is what you would sue for.r market value of your damages weather damaged your car or your house. you probably wouldn't sue. your carrier would pay you and the carrier gets the right to sue. even neighbor or the neighbors's insurance. >> can you think of any crazy lawsuits that might come out of this? i know placed instead of in a water, a whole industry, when crazy lawsuit we will hear about, what might it be? judge napolitano: of interest to your viewers would be a business loss. very difficult to prove them. you have to prove how much the loss was, what you would have earned in that time period had you been in this. tough to prove. >> millions of dollars i lost. you are the greatest. ashley: sandy impacting air travel worldwide, people stranded. we have an update after the break. keep it right here on fox business. ashley: over 15,000 flights have been cancelled due to sandy with more delays and cancellations. william is in l. a? is a nightmare of there. >> ripple effect across the globe. except for 9/11, not

now to the judge, senior judicial analyst, judge napolitano. >>judge napolitano: there are two cases of the federal government against b.p. what is a threatened civil case. they have not indicted the corporation but holding an indictment in hand to file tomorrow. the other is a lawsuit that the feds have filed under several federal statutes which lets the federal government sue on behalf of property owners whose property has been damaged by the oil spill. the "wall street journal" reports this morning that both cases will be settled, that b.p. will cough up billions in control fines as well as billions in compensation. the numbers sound ridiculous because "wall street journal" like anyone else does not know what the numbers are. they are somewhere between $6 billion and $21 billion but the "wall street journal" sources which are reliable, have indicated that they are very close to some number between six and 21. whatever it is, b.p. will pay it. they will not have to pay it because you may remember they coughed up $20 billion a month after the

judge napolitano is here. judge, this sounds familiar. >>judge napolitano: it does. process that the f.b.i. goes through of finding people who have expressed a hatred for the united states or of american institutions and a willingness to attack them, and then the f.b.i. engages them by one of their own agents pretending to a confederate and walks them through the crime. the crime is something that would have been impossible to have accomplished because there was never any bomb material there. so, i suggest there are two ways to look at it. this is a guy with evil intention who on his own travel from pakistan to come to the united states expressed a hatred to our institutions and a willing northeast destroy them. if the f.b.i. did not engage him in this he would have been free to engage on his own in an act of terror and would have harmed people. the other way to look at it, this the 18th person since 9/11 that the f.b.i. has found and persuaded to go along with a plot it created, it controlled, and that never endangered anyone. how do they find people? the american p

joining success our senior judicial analyst, judge napolitano. i remember this time last year we called libya the not wore because it was the war that was not a war that we were not going to do anything with the war and each day it seemed there was a little bit more going on in the not war and finally it was a war and we were doing things and now it is biting them on the butt. >>judge napolitano: you may recall the president announced while the congress was on spring break, he decided to participate in the bombing of libya and there would not be any boots on the background, which i meant there won't be any active duty military on the ground, there were military in the skies in the planes that were bombing and intelligence officers on the ground, guiding the pilots in the skies as to where to bomb. as a result of that bombing, we, the united states of america, without a declaration of war by the congress, in an effort to join the european elite and the militias that were trying to get rid of qadaffi, destroyed him and his government, destroyed his

>>judge napolitano: a pleasure. one of the moderators of the debate says thinking about the job makes her want to throw up. she told me that. i know the criticism of the picks to host the debate and why the moderators could face more pressure than normal and the debate is about issues in the homeland but the attack in libya but that in the spotlight. that is coming up. we have big dreams. one is for a clean, domestic energy future that puts us in control. our abundant natural gas is already saving us money, producing cleaner electricity, putting us to work here in america and supporting wind and solar. though all energy development comes with some risk, we're committed to safely and responsibly producing natural gas. it's not a dream. america's natural gas... putting us in control of our energy future, now. why? because i'm gonna make the call to switch to a new medicare prescription drug plan. i want a plan that covers the medications i take. and i want getting my medications to be convenient. and i want low copays

>>judge napolitano: as far as i know they don't have pornographic pictures of me.t a pretty thought. >>neil: they do with me. they are not threatening but it seems like a bad science fiction movie. mandatory military cuts that the president signed on to and now he says forget about them, the virginia governor heard that and he wants to respond do that and he is. next. [ female announcer ] food, meet flavor. flavor, meet food. it's time for swanson flavor boost. concentrated broth in easy to use packets. mix it into skillet dishes, for an instant dose of... hell-o! [ female announcer ] get recipes at flavorboost.com. i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i looked at my options. then i got a medicare supplement insurance plan. [ male announcer ] if you're eligible for medicare, you may know it only covers about 80% of your part b medical expenses. the rest is up to you. call now and find out about an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all

judge andrew napolitano is concurring with what i said.t by him but they fought fda oversight in the past. a big fight right now in congress whether or not to strengthen fda oversight of pharmacies. connell: thank you. dagen: thank you so much. click sports headlines. one sports story. the yankees snatching game 3 from the orioles last night. a pinch hitter trailing by one run with one out in the bottom of the ninth. manager joe gerard the slumping over three in the ninth. alex rodriguez and put in roll the bosnia's --raul ibanez. he homer did it again to win the game. he gets paid in $20,121,100,000. look at how much mr. rodriguez -- we love the fact that he is stinking up the joint so badly. we are very happy for ibanez. connell: sports are fun. a gutsy call by joe jury and if not he overreacted. connell: exactly. dagen: scrooge the pooch. the jobs number we have been talking about, everyone buzzing about it today in terms of the four year low for claims. however the issue here is you've got one state that apparently underreported claims

judge andrew napolitano is here to help us connect the dots logically and legally.an sue anyone but does this have any merit? judge napolitano: in my view this is a very dangerous lawsuit because you could extrapolate this to any area of human behavior in which you are trying to find a culpable defendant who was so remote to the harm that it is unfair to burden the defendant with the cost of the harm. should general motors pay for every -- it is in fact hands of someone allowed the driver. we don't have that kind of litigation in the united states. the second amendment is a troublesome area. these lawsuits were tried seven or eight years ago and many states reacted with legislation intended to insulate the manufacturer from harm by the ultimate user. the difference is so great, and the instrument he manufactured will ultimately end. the state of new york had the legislation and a panel of division judges yesterday ignored it. just ignored it as if it didn't exist and this legislation can go forward. if an injured person in new york -- charles: when an appellate divi

captain mike napolitano is serving with the navy's expedition training group. while deployed in 2004, he spearheaded maritime patrol relief efforts toing the 2004 indian ocean tsunami, as well as numerous theater cooperation efforts throughout the pacific and in 2009 captain napolitano reported as commanding officer of the expeditionary training group. this is a fabulous panel and i know you're going to appreciate what they have to say. rear admiral, i think you'll start. >> first of all on behalf of the chilean navy i would like to thank so much to san francisco fleet week, particularly to admiral gary roughhead for being invited to participate in this senior seminar. it's a privilege for me to be here and to share with you the experience that we had just during and after the earthquake that we had in chile in february 27, 2010. most of the lessons learned that i'm going to show here to you is part of your concern and i'm very glad you are taking that in account so i think you are absolutely in the right path. anyway, it's a massive event that you always have

captain mike napolitano is serving with the navy's expedition training group. while deployed in 2004, he spearheaded maritime patrol relief efforts toing the 2004 indian ocean tsunami, as well as numerous theater cooperation efforts throughout the pacific and in 2009 captain napolitano

. >> that news comes as homeland security secretary janet napolitano traveled to meet with officials and ivie's family. reacting to his death, napolitano said, "this tragedy reminds us of the risks our men and women confront, the dangers they willingly undertake while protecting our nation's borders." he is the third agent killed in the line of duty this year. >>> a political super bowl with the super bowl of elections just one month away. the labor department says 114,000 jobs was created in september with the unemployment rate coming in at 7.8%. that is a drop of 0.3% from august. it is no surprise that in this season there are different views of the same numbers. the chairman of the council of economic advisors said the report provides further evidence that the u.s. economy is continuing to heal from the wounds inflicted by the worst do downturn since the great depression. but the former ceo of general electric jack welch tweeted this. "unbelievable job numbers. these chicago guys will do anything, can't debate, so change numbers." the partisan pushing continues this morning. >> o

>>judge napolitano: it took a lot of us by surprise. tell you where, there are 45 lawsuits still out there challenging the employer mandate, the obligation of an employer, to make available to his employees -- in the case of a college, students; in the case of a hospital, it is patients -- an array of procedures paid for by the health care provider that are against the values of the employer. in the case of, say be the university of notre dame or the archdiocese of new york, two of the plaintiffs, it would be abortion and contraceptive. we all thought, those who watch the court, the 45 lawsuits would take their time, a trial judge would rule on them, they would make their way to an appellate court and maybe the supreme court would take it. what was surprising today, the supreme court accelerated that schedule and said to the 4th circuit court of appeals which already ruled on this issue, we want to you look at this again in light our decision last june. maybe we will take a look at it. the issue of who the -- whether the religious conce

>>judge napolitano: it would. it would be impossible because it would require the congress, everyone in the house of representatives up to re-election, a third of the senate is up, and the president will resume campaigning, to stop what they are doing, come become to washington and change federal election laws retroactively and that has never happened in american history and it is not likely to happen. >>neil: if you cannot get to the polls and there is no electricity and you vote it is by paper ballot it becomes messy but we have a way of dealing with that, a longer count. >>judge napolitano: i can tell you from when i was on a bench if a person came in with a weather excuse, too bad. that is the law in new jersey. that is the law that exists everywhere in the union. >>neil: if they said there was a firestorm. >>guest: an early snow, tough it out. >>neil: you are worse than gaps rain. >>guest: you have to be. >>neil: like shooting the easter been any. new numbers on early voting are in. which candidate has the wi

los hechos continúan bajo investigación, y no se puede hablar de una conclusión absoluta, janet napolitanogente y demostrar la solidaridad, ahora se realiza una vigilia con velas encendidas. >> más preguntas que respuestas, los detenidos en méxico, si fuera amigo, ¿por qué están acusados de esto? la consigna que dijo el presidente barack obama que se castigarán a los culpables. >> 3 armas usadas en una masacre en juárez tiene que ver con el operativo rápido y furioso, se mencionan las 3 armas, en la operación rápido y furioso, se confirma de esta fallida operación. (♪) >> bueno, hay muchísimas interrogantes en el cierre de campaña de hugo chávez, la lluvias y la aglomeración impidieron que cerrara su campaña como lo tenia previsto, tras 2 horas inexplicablemente dejó su auto y desapareció, dejó esperando a quienes lo esperaban. >> doy gracias a dios, le doy gracias a la vida, como dice la canción, gracias a la vida, por haberme dado tanto, acá está chávez de pie con ustedes. 4 de octubre, y hay un solo grito que se oye por toda venezuela, ¡que gane chávez el 7 de octubre! >> la única respu

judge napolitano, great to have you. gregg: new details on our future going forward inside afghanistan as we learn that washington may be abandoning hopes for a peace deal with the taliban. what is next for us inside the war-torn country? jennifer griffin is here to break down the details. plus, on the eve of the first presidential debate both president obama and governor mitt romney are hard at work on their final preps. we'll have an update from the campaign trail next. gregg: there are plans to hold peace talk with the taliban and they've now collapsed, this as nato commander's try to find a new way to boost stability in the region as forces begin to head home. national security correspondent jennifer griffin has the details from the pentagon. how seriously did the u.s. military take these peace talks with the taliban. >> not very. this was essentially a state-department-led idea from with some backing from the white house and the president's national security advisers over at the white house when richard holbrooke wa

dagen: judge andrew napolitano. great to see you as always.nell: we will talk about technology coming up. there is a new windows tablet called "surface." walt mossberg said it is okay. dagen: shirley gasparino on, well, more problems over and the departure. here is some of today's winners on the s&p 500. ♪ connell: let's go back to nicole. stocks now. nicole: we have had some breaking news. they will cut jobs. here is a look at the stock right now. it is up $2.08. they are cutting 2400 jobs globally. 1200 of those jobs will be right here in the usa. 350 of those jobs of this 1200 in the usa will be in two states of ohio and michigan. this is in the effort to cut costs. this is why we are seeing them cut their workforce. now, with take a look at netflix. netflix has come under pressure today. it remains in the red. that is because of the subscriber growth numbers. we were hoping for more from netflix. they are paying a lot of money with their international expansion. that will cost them over the next two quarters. back to you. dagen: thank you.

cheryl: judge andrew napolitano joins us now.o account located copyright case they agreed to hear. >> a college student from american college student from thailand bought over $600,000 of english textbooks for the thailand copyright and sold them to college students. we cannot buy enough. about $600,000 profit belongs to us o: the supreme court's about this side whether or not it does. if you or i buy a something into his copyright in made in the united states, we own it and we can sell it. but if it was made and copyrighted in a foreign country we need permission to sell it. a quirk in the law. depending on where the supreme court does it wouldn't affect her ability to resell everything you own that would affect her ability to resell what you own which was copyrighted and produced in a foreign country. if you publish a book, dennis, you own the copyrights. i cannot copy it and pretend it is fine. but if you saw a copy to me i can then sell it to somebody else. if it was in a foreign country and the express permission to resell i

a pesar que la secretaria del departamento de seguridad interna janet napolitano asegurara que no seguirÍaexpandiendo el programa 287(g) despuÉs que se hiciera un recorte en el presupuesto de 17 millones de dolares. se ha anunciado una nueva extensio Ón del mismo por 90 dÍas gustavo torres / director casa de maryland " la 287(g) se ha caracteriza do porque ha generado discriminaciÓn en contra de nuestra comunidad nosotros estÁbamos bien contentos que el departamento de seguridad de la patria iba a parar ese programa que en nada beneficiaba a nuestra comunidad por el contrario lo que ha hecho es que ha generado una desconfianza graÑidÍsima entre la polici Ía y nuestra comunidad " este programa entrena a oficiales de la policÍa local para cumplir funciones como agentes de inmigraciÓn. y su nueva extensiÓn esta en efecto en 62 agencias del orden en 24 estados lo que continuara amenazando la estadÍa de millones de hispanos en el paÍs.. 90 di Ías que para muchos podrian ser atroces.. rosa rodriguez significan demasiado peligro.. porque es como un decir asÍ como nosotros que somos inmigrantes qu

. >> la secretaria de seguridad, janet napolitano viajÓ arizona para visitar a la familia del agentees. ha sido un sgdisparo contra el agente que resultÓ herido, uno de ellos. en la balacera fuera de peligro. >> el prÓximo domingo, los venezolanos saldrÁn a las urnas a decidir quiÉn serÁ su prÓximo presidente. >> pero hoy dÍa durante toda la noticia. los supermercados. >> en vÍveres, agua, etc, preocupados ¿por quÉ? >> angie sandoval tiene la historia. >> las velas y agua volaban como si las elecciones del domingo fueron un huracÁn a punto de llegar. >> son dÍas de incertidumbre porque como todo proceso electoral estÁn en la espera como es una votaciÓn cerrada. >> entonces se estÁ viendo los resultados. en fuerzas. >> en durante el lugar. >> vicealmirante no le preocupa al presidente. xrae ocupar mucho. >> anarquÍa y en la cuenta. >> ayer en su cierre de campaÑa. >> en el poder. >> llamÓ a defender el voto. >> en la calle. >> para defender la victoria del pueblo. >> cualquier pretensiÓn de la burguesÍa. >> su rival el candidato opositor enrique capriles que nunca lo mencionÓ por nomb

los danos han sido tan grandes que la secretaria de seguridad nacional janet napolitano, cuyo departamentoa, ha dicho que esta tormenta podria ser la mas costosa en la historia de estados unidos. desde washington, fernando pizarro, univision. y con sandy fuera de nuestra zona, el proceso electoral volvio a estar en la mira de todos en maryland y en washington se reabrieron los centros de votacion temprana en horario extendido... en vivo claudia uceda se encuentra en silver spring y nos cuenta como estan las filas adelante claudia. este centro de votacion temprana de maryland reabrio sus puertas despues que la furia del huracan sandy, paralizara toda la zona capitalina por dos dias edwin cruz/votante "que te parece las colas, las filas? bueno primero pense que iba a ser muy lento pero a traves del tiempo esta muy rapido como unos 10 a 15 minutos." con horario extendido, mas de uno no lo penso dos veces en venir y asi evitar las filas largas el 6 de noviembre, dia de las elecciones filipio morales/voto por primera vez "todo esta en espanol en la pantalla solo hay que esperar a que salga la t

secretary janet napolitano's office calls the report misleading. >>> vice president joe biden's airplane, air force 2, had a pair of problems. in charlotte the flight had to do a go around due to a thunderstorm cell. later it was diverted from andrews air force base to dulles due to a low cloud ceiling. >>> pope benedict's former butler declared his innocence yesterday against charges he stole personal documents from the pontiff however he admitted photocopying the pope's private correspondence. vatican police testified they found thousands of pages of documents inside his apartment. >>> also in vatican city, a dramatic but unrelated protest. a man climbed onto the dome of st. peter's bassilica unfurling a protest bannister against italy's prime minister. at last report he was still tlup. >>> and after checking out a tip, police near detroit say missing teamster's boss jimmy hoffa is not buried in the driveway of a home. neither is anyone else. >>> well, now here as an early look at how wall street's going to kick off the day. the dow closed at 13,482 after losing 32 points yesterday. th

judge andrew napolitano coming up. dagen: costing apple billionths. connell: let's start with nicole petallides. nicole: looking pretty good here today. we see the dow is up more than 1%. the s&p up nearly 1%. the text -- tech heavy nasdaq up. this was after three months of contraction. that was some good news there. another thing helping things along -- the dollar is lower, the euro is higher. you are seeing just about every name in the dow with an up arrow. i want you to take a book here at macy's. they will higher 80,000 for the seasonal. kohls, amazon, toys "r" us, just to name a few. dagen: host chris wallace had a little trouble getting information from vice presidential candidate paul ryan on his tax plan. >> it is lower by 2013. >> how much does it cost? >> it is revenue neutral. [ talking over each other ] >> we will get to that. >> let me just tell you. it would take me too long to go through all the math. dagen: it would take too long to go through all the math. what does david stockman think of this? he is author of the triumph of politics

judge andrew napolitano will be here next.rst, like we do every day at this time, let's take a look at the treasuries. your ten year is unchanged and your 30 year, well, it is unchanged as well. we will be right back. ♪ ♪ >> i am robert gray with your fox business brief. republican senator chuck wesley of iowa is turning up the heat on treasury secretary tim geithner. the senator wants to know what geithner knew about libor manipulation and when he knew it. shares of metro pcf are soaring on news of a possible deal. media reports show it is an advanced talks. next september sales numbers. general motors posted its best september 10, 2008. ford sales stalled last month. honda just in, sales of over 29%. that is the latest from fox business. giving you the power to prosper. ♪ tracy: eric schneiderman slaps jpmorgan with a suit. this was before jpmorgan took it over. schneiderman spoke with melissa francis last hour. >> they engaged in a pattern of misrepresentation over a period of years. they clearly identify their relationship