has been colorful of outright comical picker in a new hampshire district court judge during the jefferson administration as the distinct honor of being the first federal judge ever removed from office a federalist in a time republicanism he quickly ran afoul of president thomas jefferson and his democratic republican allies in congress after pickering made a series of erratic rulings that flouted the authority of the federal government the house of representatives decided to take action and so and you know three speaker of the house and then i'll make and slapped him with four articles of impeachment those articles accuse pickering of quote intending to defeat the just claims of the united states and disregarding the authority of the laws and wickedly meaning and intending to injure the revenues of the united states can quote also charge him with being a man of loose morals and intemperate habits who did appear on the bench of the said court for the administration of justice in the state of total intoxication reduced by the free and intemperate use of intoxicating liquors and did then and

impeachment is an extreme example pickering was a drunk and probably insane from syphilis but at the same time it shows that if left to their own devices and left unchecked by congress federal judges have the power to do some wild and crazy things and that's what makes the ongoing battle between president obama and senate republicans over appointments so important even though harry reid bit the bullet and pushed through filibuster reform last year the senate has confirmed only one let me repeat one judge in the first few months of two thousand and fourteen thanks to republican ix. obstruction thirty two nominees are still waiting for approval for a total of ninety six vacancies on the federal court stakes couldn't be higher activist conservative judges have wreaked havoc on our republic and our commons over the past half century they've gotten campaign finance laws empowered corporations and cut the legs out from under the voting rights act if president obama doesn't get his nominees confirmed it will be that much easier for conservative judges to continue their assault on our democr

remember stock pickers? they've seemed out of style in recent years as momentum stocks and broad industry etfes have taken over. but with the bull market maybe moving at a slightly slower pace and volatility predicted this year it may be time to go back to the basics. dominic choo explains. >> back to normal again. that's how many traders are describing this market because stocks now trade more on company fundamentals and not as much on just large swings in investor sentiment. that happened during the financial crisis when everything was either down or up in tandem. >> but now we've got a real difference in the market. stocks that are shorts are actually going down. and stocks that are quality that are based on quality companies are actually going up. so this is why they call it a stock picker's market. and that's more true this year than it was last year or in years past. >> that means there's an opportunity to do some research and actually outperform the broader market. even within specific industry groups

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stock pickers win if they had picked caterpillar. one more industry just for good measure, health care services. one company up 9%, the other down 3% year to date. big discrepancy. this one here, headquartered in san francisco. this one, valley forge, pennsylvania. here's another clue. this guy here just bought a german drug distribution company -- >> is that amgen? >> it is not. this one here is a merger back in 2001, two names coming together. check this out. this is mckesson, and this one here, amerisource bergen. a stock picker's market means that you can make a difference in picking the right stocks in an overall -- >> i think if you had given me a letter or two, i might have gotten it. >> or maybe a ticker. >> maybe. dom, thank you very much. >>> ali mcgraw said it best when she told ryan o'neill that love means never have to say i'm sorry. for some wall street analysts, love means never having to say the word downgrade. will that leave investors brokenhearted? let's ask sheilla dharmarajan. >> it is all about love, love, love

all those not just the fact of ambassador pickering but there were a lot of eminent scholars, politicians, experts around the world is certainl certainly havo certainly here in the u.s. who belief that they consider it being a moral stand. so i certainly don't reject the contention. >> host: one of the ways that could happen is if the senate intelligence committee, which has a very large voluminous report that is still classified did you think that should be released in order to ai hear ths and it's entirely -- in its entirety? >> guest: i do. i have no idea what's in it -- is that you probably know pretty much because you were -- you know what went on. >> but from what i read in the media about what it contains, i gather it's going to largely concluded that the program was worthless, largely worthless and that the information that drives from it the stuff that was valuable could have been acquired without resorting to say that is the storyline and its 6,000 pages, 50,000-foot notes. a couple things about it though the -- first of all, i think what they said $6 million over four years, fo

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all of those -- not just the pickerring, but there were a lot of eminent scholars, politicians, experts around the world and here in the u.s., who believed that. they consider it being a moral stain. so, i -- i don't -- i mean, i certainly don't reject that contention, and -- yeah, have it all aired out. >> host: one of the ways that could happen is if the senate intelligence committee, which has a very large, volumous report on this, that is still all classified , should be aired in its entirety? >> guest: i do. i have no idea what's in it. >> host: you probably know pretty much. you were -- you know what went on. >> guest: but -- read in the media about what it contains. i gather it's going to largely conclude that the program was worthless, largely worthless, and that the information that derived from it, the stuff that was valuable, could have been acquired without resorting to -- so that's apparently the story line, and as you say, it's 6,000 payments -- 6,000 pages, 50,000-footnotes. first of all, the -- i think spent $6 million on it over four years. for whatever reason, they nev

all of those, not just ambassador pickering, there were a lot of eminent scholars and politicians and experts around the world certainly and also here in the u.s. that believe that, considering it a moral stain. i certainly don't reject that convention and yeah let's have it all erred out. >> host: one of the ways that could happen is that the senate intelligence committee which has a very large voluminous report on this bed is still all classified, do you think that should be released in order to air this in its entirety? >> guest: yeah i do. obviously i have no idea --. >> host: you probably have some idea because you know what went on. >> guest: from what i would read in the media about what it contains i gather it's going to largely conclude that the program was worthless, largely worthless and the information derived from it, the stuff that was valuable could have been acquired without resorting to that so that's clearly the storyline. as you say apparently 6000 pages a couple things about it though, first of all i think $6 million over four years. for whatever reason they never

>> guest: oh, yeah, absolutely, all those, not just pickerring, but, you know, there were a lot of imminent scholars, politicians, expermits around the world certainly, but here in the u.s. who believed that, that, you know, that consider it being a moral stain. so, no, i don't -- i mean, surely i don't reject that contention, and, yeah, let's have it all aired out. >> host: so one of the ways that could happen is if the senate intelligence committee, which has a very large, that luminous report on this that's all classified, do you think that should be released in order to air this out in its entirety? >> guest: yeah, no, i do. obviously, i have no idea what's in it. >> host: you probably know pretty much, though, because you were -- you know what went on. >> guest: yeah, but i mean, from what i read in the media, about what it contains, i gather it's largely going to conclude that the program was worthless, largely worthless, and that information derived from it, the stuff that was valuable could have been awired without resorting to -- that's apparently the story line, and as you say, it

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while the panel led by thomas pickering on the right, and admiral mike mullen never interviewed senior executives, they regretted the congressional findings. >> i think if anyone in the house would like to question the credibility of ambassador pickering or admiral mullan, they can do so. we stand by the review for findings. >> in a new biography documenting mrs. clinton's years as secretary of state, petraeus seems to offer an endorsement, she would be a tremendous president. in the wake of the benghazi attacks, for example, i thought she was extraordinarily resolute, determined, and controlled. >> i don't know what's on his mind. i think the secretary of state and the entire administration mishandled it before, during, and after the attack. >> some lawmakers have accused petraeus of providing questionable testimony. saying he put the emphasis on the anti-islam video. he later claimed he knew it was terrorism from day one. >> thank you. >>> up next, a sentencing in the operation fast and furious related murder of a border patrol agent. first, here's what some of our fox affiliates acr

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i think this will be a picker's market.arket is already showing us that and the other area that i think investors need to focus on is domestic oriented businesses versus multinational and versus international companies because of the impact of the dollar. >> i got to leave it there. thank you, everybody. now we've taken a look at the state department's long awaited report on the keystone pipeline. believe it or not it looks like there's still no reason for the president to keep stalling on approval of this project. texas governor rick perry has been speaking about this thing for years. he's about to join "the kudlow report" live and exclusively on this developing story next up. please stay with us for governor rick perry. i need proof of insurance. that's my geico digital insurance id card - gots all my pertinents on it and such. works for me. turn to the camera. ah, actually i think my eyes might ha... next! digital insurance id cards. just a tap away on the geico app. could save you fifteen percent or more on car insuranc

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it's clearly a stock picker's year.u want to jump on the band wagon with the activists out there, there's a lot of opportunity there. there is also opportunity if you do your home work. verizon has been a great trade the last few days. getting in and out quickly, there is money to be made. >> you are nodding about a stock picker's market but you think health care and financials are where people should be. that's been a 13 month trade. >> i will give you a quote you can take home. you can make money with consensus. right now, we are waiting for a cyclical inflection in markets in terms of rates and where we're going. earnings which are still strong. and we have been as tactical i think in terms of trying to find the right short term opportunities. health care demographics in cash reserve in m & a activity are huge. tech from the productivity sector is going to be the single driver. >> but on the central point of this outperformance we have had from health care in particular, 50 basis points above everybody else, as you l

so, scott, yes, it is a stock picker's market.ill, when you have this kind of environment, that's when people can generate out performance and that's why it's important, guys. >> great pairs here. merck/pfizer. >> i own both of these two names but i love the way merck has been trading and i'm most heavily weighted in of the names of the pharmaceutical industry. when you break apart what you're looking at here at some of the restructuring but it's about pipelines in the pharmaceutical space and merck right now everyone is excited ability one of the cancer drugs they are estimating could be a $6 billion type drug because of that merck is out performing. >> let's have another mini debate here. bank of america, citi. >> i own both. citi. >> i actually would say i'm long bank of america, but if this disparity continues, citi is going to become the her attractive one. they're both dirt cheap. both have the ability to return more cash to shareholders over the next few years. and i think just a general economic recovery benefits both. cit

>> oh, it's stock picker's market. for your show because you have some players just holding up better. they've got stronger buffers than others. when we're looking at things like this really rough winter weather we had. a tepid consumer. kohl's hasn't fard so well recently not doing so bad po posting a slightly positive holiday season. better than we had thought. it looks like their inventory is cleaner than we have seen in a while. costco actually fairing pretty well despite a 4x headwind. lower gas prices, so much of their sales comes as a result of directly from gas. i think it's a stock picker's market. so far today we've seen actually a couple of companies performed a little bit better than average. >> jerry, you've been in the chair before running big businesses that are impacted by weather. is this real, a fact, or fiction that the weather is playing a big role on retail? >> well, i have got an exciting new investment hypothesis. sell every company that mentions the weather and buy every company that doesn't use

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. >> when we could send up a keeper that is familiar to him and a cherry picker or a lift type deviceey retrieved him from the tree. he has been moved up to our veterinary care center. >> now what would make a koala split his cage? he was looking for anight. >> he would not be denied. >> i guess not. it's all yours man. >> okay, thanks a lot. the giants have a new opening day starter on dennis o'donnell. we know how you spell relieved but i bet you can't complete our spelling bee next. ♪ ♪ [ male announcer ] spring is calling. get sta-green fertilizer now just $8 at lowe's. ♪ g honor today. >> when i was 24, i was interviewing a rookie named chili davis. bungarner was named the opening day starter by bruce bochhi. he is the youngest to start since ronald reagan was president. any good specials out there tonight? how many good ways can you spell the name derrick? the as have three if you get them all correct, you can like us on facebook. there is catcher derek morris. then derick thornton. and deryc hooker spelled with a why. if you didn't get them right, you are not the first. >> i do

here on the hillside in napa, these pickers are harvesting grapes the way it's been done for thousands of years: by hand. 20th century technology has a hand in almost every step of the process from vine to wine. >> i am an innovator when it comes to making the best wine possible, whatever it takes. doug shaffer is the president of shaffer vineyards. he has been working here since 1973 when his father bought the estate. wine making, experience, innovation, technology, computerization, able to get more information, better information to make better decisions with. >> for the last 29 years, his partner in making those decisions has been alia maker. he gave me a tour of the vineyard's high-tech tools fine tuning his craft. >> this is our weather station they gather ter detailed data in the field and transmit it via phone. >> what kind of analysis do the computers do? >> it gives us the temperatures, the wind speeds throughout the day, humidity throughout the day. and allows us just to have a feel for what's going on here for these vines. >> the second system called fruition gives alias a r

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use less, with the small but powerful picker-upper, bounty select-a-size.n #2 ] to share a moment. [ woman #3 ] to travel the world without leaving home. [ male announcer ] whatever the reason. whatever the dish. make it delicious with swanson. send the great one off than watching his show and admiring and enjoying. >> a great show. star power there. it goes to show what a great show it is and also "the sound of music." that's going to wrap it up around here. thanks, everyone. listen to the cheer. "morning joe" starts right now. >> if i blindfolded someone and took them at 2:00 in the morning into the hong kong and said where do you think you are? this must be

. > >is this a stock pickers market or an index situation where people want to buy the entire index? > >that's a great question. the indexes have had extraordinary runs over the past couple of years really since the bottom of 2009 the s &p up over some 172%. a theme for 2014 is gonna be names over indexes and particular sectors over others. so being very careful and very cautious about which names and which sectors you choose versus the broad indexes will bring you some outperformance this year. > >what about european stocks? those are surging. > >that's a great question. that's really another leg to this stool here. european stocks having had significant discount to the u.s.--not experiencing that multiple expansion we saw in 2013. some of those stocks really trading anywhere between a 15 and 5% discount so german gdp is up. spanish gdp up. that's the cause ofr that surge and those stocks are still undervalued relative to the u.s. > >lincoln, can we expect a bigger breakout in gold? > >you could probably see a breakout to the 1350 level-- past sochi maybe some of the demand for gold

>>because of these big dramatic moves, this market is now being called a stock pickers market. what stocks would you pick? >>the names i really like are some of the underperformers from last year. i think utilities are interesting. a lot of people priced in a 4-4.5% 10 year treasury note. we're not seeing that. if that's the case, then utilities are probably underpriced. one name i like in particular is exelon which is about $28. it has good dividend yield. i think its should be back above 30 sometime this year. >>thank you mark. >>thank you. muted reaction after micrsoft makes two big announcements -- the computer giant names a new ceo and says that bill gates is stepping down as chairman of the board. microsoft's stock closed down just 13 cents yesterday after satya nadella -- was named the new ceo. he is a 22-year veteran of microsoft. and, takes over immediately. skeptics question whether a microsoft insider will be able to innovate -- tech analyst rob enderle lays out what he thinks the company needs to do next to play catch up. "they need to fix the parts of the company t

use less, with the small but powerful picker-upper, bounty select-a-size. >>> welcome back, everybodysearchers, they are puzzled by a possible virus that is causing a polio-like syndrome in california children. in a news conference on monday, doctors said about 20 case as piered in the last 18 months. this mystery sickness is causing children to experience partial paralysis in their arms and legs. after a productive weekend, the governors got into a war of words at a press conference. >> what i worry about is that this president of the white house seems to be waiving the white flag of surrender. i think we can do better than that. >> there are differences here and you just heard what i think ended up being probably the most partisan statement that we've had all weekend. if that was the most partisan statement he's heard all weekend i want to make sure he hears a more partisan statement which is i think we can grow the economy more if we delay the mandates. >> people are recovering from injuries after a family christmas photo that went horribly wrong. 24 people fell 15 feet to the grou

. >> reporter: in atlantic city there are two dozen cherry picker trucks like this with chains on their tires. as the ice knocks down trees and power lines, they're ready. >> we have a heck of a lot of trees in georgia. when they fall, they brick down the power lines. >> reporter: this is the second round of winter weather to hit the south this week. yesterday snow and ice fell from texas to north carolina. many of these places will see more bad weather today. omar villafranca, cbs news, atlanta. >>> meteorologist eric fisher of our boston station wbz is following the severe weather. >> well, this is major winter storm that's under way. even at this early hour looking at the ice moving in, we already had wintry weather during the day on tuesday. now, this is all on top of what we've already had to deal with. heading through the day, a huge area of freezing rain here. this will be coming down at very quick rates, adding up, creating downed limbs and lines. this will continue through the afternoon, through the evening. some snow will come in on top of it. the snow is creeping up toward wa

use less, with the small but powerful picker-upper, bounty select-a-size. >>> investors are awaitingobs report which could show it snapped back after a disappointing december. even if the senate does eventually reach a deal, it is unlikely house republicans will go along with it. deeper legal trouble for justin bieber. they are looking to bring felony charges against him for last month's egg throwing event. >>> family and friends gathered to mourn the death of philip seymour hoffman. his co-stars were in attendance. >>> house speak britcheer john hit the breaks and cited widespread doubt about the obama administration to enforce laws. >> robert conrad that created the labradoodle has some regrets. he had no idea that people would start crossbreeding. he doesn't know if he bread a designer dog or a disaster. >>> 50 years ago today, the british invasion began with the beatles arriving in new york. followed by this historic performance on the ed sullivan show. >> ladies and gentlemen, the beatles. ♪ >> cloth♪ clothes your eyes and i'll kiss you ♪ >>> vice president, joe biden, compares

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use less, with the small but powerful picker-upper, bounty select-a-size. yeah?get this... [ voice of dennis ] ...safe driving bonus check? every six months without an accident, allstate sends a check. silence. are you in good hands? >>> earlier we talked about the setback for the keystone pipeline. transcanada's keystone xl would carry nearly from billion artery wra, canada, to the refinies in the gulf coast. it would cross six states. s montana, south dakota, nebraska, oklahoma, and texas. all right. the moment that you have all been waiting for. special guest star that i was able to find to come over and do the cooler today. the beautiful, the talented erica hill from the weekend today show. >> are you so kind. thank you, my friend. it took a lot of arm-twisting. just kidding. you mentioned this before the break, and i know you found your tickets, and i know you know that yours aren't the winners, but that's okay because there is one powerball winner out there. well, this morning is $425 million richer. i'm sorry. you can make a fire pit when the temperature d