scott jacobson, jordan kimmel. as we said, almost back to flat. the dow's down, what, 20 points right now. the s&p trying to cut back to even. melissa, it's been an interesting session but far from over yet. >> that's right. and consumer spending as we ju heard contues to be very weak. up next we'll break down the state of the consumer and tell you what needs to happen to get people to spend again. plus, oil speculators coming under fire again for volatility in the energy markets. they always get the blame. will new regulations actually be worse than any alleged harm from speculators? we'll get some answers from the head of the cme group coming up. and then after the bell maria bartiromo's exclusive interview with former aig chairman and ceo hank greenberg. he'll explain e significance of yesterday's big legal victory against aig and what he's doing to build up star international. but first, the most active stocks in the new york stock exchange led by bank of america, citigroup, and our parent, general electric. acss to favorite courses at the tat