Imus in the morning good morning, everyone. Happy hanukkah, Merry Christmas, we are in the holiday spirit. Nothing, but goodwill and good feeling today. For example, the Washington Post is celebrating the Record Number of women elected to the senate. Women may help break the gridlock, women are kland here another reason to cheer. Gas prices keep falling, more than a penny a day. When you say fill her up, its 15 less. Were not forgetting obamacare, trillion dollar deficit. No, no, its the time for family faith and joy and thats what Varney Company is about. Its friday, december 14th, here we go. Joe woods first day of. And his new boss told him twongs cook what you love, and save your money. Joe doesnt know it yet, but hell wk his way up from busser to waiter to chef before opening a restaurant specializing in fish and me from the great northwest. Hell start investing eay, hell find some good people to help guide him, nd hell set mey aside from his first day of work to his last, which isnt rocket science. Its just common sense. From td ameritrade. Can i still ship a gift in time r christmas . Yeah, sure you can. Great. Wheres your gift . Uh. Whew. [ male announcer ] break from the holiday stress. Ship Fedex Express by december 22nd for christmas delivery. When the senate gets back in session next year, 20 women will be taking their seats and maybe that signals a positive shift in washingtons deadlocked and harshly divided politics. Thats what the Washington Post is taking from it, here is the quote. Some are wondering whether the record breaking women mean less women than more. And however, maybe the author forgot this. You know, do me a favor could you say senator instead of maam . I worked so hard to get that title. Well, senator barbara boxer, okay, maybe that was one isolated incident. Oh, wait. Theres also this. There is nobody in this country who got rich on his own, nobody. You built a factory out there, good for you, but i want to be clear, you moved your goods to market on the roads the rest of us paid for. Stuart that was now senator elect elizabeth warren. Question, can 20 women in the senate help solve the contentious issues of the day, taxes spending and entitlement reform and the fiscal cliff . Well find out soon. More women in the senate. Does that mean a greater willingness to compromise . Nicole petallides, let me ask you . Yes, women are collaborative, they are tough and theyre going to work together. I like the idea. I think its going to be great. Stuart im glad youre on board with a positive approach to the news this friday. Thanks, nicole. Back to you in a second. And we have apple losing its cool while rim has the blackberry, one last shot. News on two smart phone makers in desperate need of a jolt. That and the opening bell next. 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Exclusively at one of our 400 sleep Number Stores nationwide. Sleep number. Comfort individualized. This holiday season, give the gift thats magical the innovative airfit adjustable pillow at special 30 savings. We are determined to stay positive this friday morning so i have a positive news item for you as a back drop to todays stock market trading. Hear this. The Consumer Price index, down. If you take out the food and energy youre left with a mere. 1 gain for Consumer Prices in the month of november. Here is the positive news, there aint no inflation, is there . At the consumer level. Whether it comes or not with the money printing by ben, i dont know. As of now, no inflation there. And time for the market. Precisely at 9 30 eastern time. So, where are we in the very early going . And i say this every day. Broken record. Dead flat. With that fiscal cliff looming and the holidays upon us, theres not much stock trading and a pretty flat market as we get on the friday morning. Yesterday we talked to laptop magazine about apple losing its cool in the u. S. It looks like thats true in china. The iphone 5 at a very chilly reception for its beijing launch overtight. So, nicole, i think that apple is down again. It is, again, down over this, 3 right now. Youre talking the 514 range. Aen what happened to the 700 range and thats ubs this morning, they kept their buy rating, but reduced their target from 700 to 780 talking about china being one of the issues and not being able to build there. Stuart and the iphone 5 in beijing, there was a snowstorm, okay, a mild snowstorm, there were only two people in line to get those first iphone 5s in china. Thats it. Only two people. I think thats got something to do with the apple decline this morning. You know what, if you really want something, wild horses and snowstorms wont keep you away. Stuart so, i think we can conclude that maybe apples losing a little of its shine, a little of its cool. Maybe, i dont want to be too pejorative here, just maybe. Nicole, thank you, down 10 in the early going. I want to take a look at rim, research in motion, the blackberry people and its fate resteded on the new blackberry that comes out next month. And market share in half, from last year to this year, down to 5 market share. In 2009, rim, the blackberry had 50 of the smart phone market. So 50 all the way down to five. Look at that charge and the stock started to go up the day after we put it on death watch. This morning, close to what 14 a share well keep on that one for you. Ive got good news for your wallet this friday morning in keeping with the trends this friday morning, good news, prices are falling. The national gallon of regular, 3. 28. On april fifth and 6th. The National Average hit a record high of 393 this year. St. Louis, still the standout major city and the average price there, regular under 3, 298 to be precise. Ive got two headlines for you on obamacare, number one, the chief executive at aetna says Health Insurance premiums for some businesses and individuals may double when obamacare arrives. And item two, some ceos are warning of layoffs when that new medical device tax hits on january the 1st. Joining the company now is ed connor, the author of unintended consequences and formerly worked at bain with mitt romney. Thank you for having me. Stuart this medical device tax, 2. 3 , thats not a heavy duty tax. It arrives on january the 1st and these people are talking about layoffs . I think thats a little bit overdone. What say you . Well, i would agree with you. Keep in mind. The Company Earns 10 on sales and a 25 reduction in profits and impact on the market value of the company. Theyre going to be very, very cautious, i think thisll be reluctant to pass the prices through, in the short run i think theyll im surprised to hear you say that. You kicked capitalists, if you had a new tax you would have stuck it to the consumers. The problem if the competitors dont do it and you do do it, its difficult to get that share back so youll move slowly when you raise prices. Stuart you can understand this, if you cant pass it along, you could understand a pullback. Thats understandable to a guy like you. I wouldnt say lay them off. Retiring traffic and retraining staff. I would be moving cautiously if i thought it was headed to a reduction in profit. Stuart this taxes for medical devices, grannys hip, going to skyrocket. Im not buying that. It seems overblown. Ill agree with that. Stuart lets move on to barack obama, the president. And get na facial expression, i know youre disappointed. I dont think hes changed one bit. There has been absolutely no correction of any kind in his policy. What say you . I would agree with you, i think he has had a negotiating strategy which is to push off the negotiation and the cost and tax increases and until after he gets an increase in the taxes on people earning over 250,000. I think that this is a negotiating strategy before the election and its a negotiating strategy today. And hes looking for two bites at the apple. You dont think hell budge on 250,000 and more, you pay a higher tax rate. You dont think he budges . I dont see why he would. If you let it expire, the republicans arent going to reduce the taxes i think they have to and if they dont i think they will he be blamed for having gone over the fiscal cliff and could lose the house as a result and i think the president needs enormous tax increases to fund this spending and i think hed love to go off the cliff and blame it on the republicans. You think so . Blame it on the republicans and you think that nobody wants to go over the cliff, but two shirts of voters say that they would blame republicans if we dont reach an agreement here so i think the republicans are under enormous pressure and i think the president s negotiating strategy to get a bite at the apple and increase taxes and when you have the real negotiation hell look for a second bite. I was determined to stay away from fiscal cliff this friday and no, weve got to discuss it, i think, is there a Silver Lining here . That would be. No. [laughter] im trying,ed, im trying. Suppose there was a deal, okay, last minute, new years avenue, theres a deal and that could be a plus for the economy, couldnt it . Couldnt that give a shot in the arm to Small Business and business generally which turns around and says, maybe we know whats coming now. We take the uncertainty off the table . If that may be a Silver Lining . I think there would probably be a little benefit from that, but i think that the uncertainty masks an ugly truth. 90 billion dollars, and not have the debt grow to percent of gdp. Anybody in the future recognizes enormous tax increases and cost reductions coming even if we dont implement it in january. Its coming down the road and quickly. Stuart youre negative generally on the economy for 2013. I like to be an optimistic guy, but what looms in front of us, an increase in Government Spending is very expensive for the economy. Stuart do you have any opinion on the Washington Posts opinion that 20 women in the senate, a Record Number, is a plus for more civility, more compromise . Well, i think women are more civil and willing to compromise so maybe, but i think when you get into those positions youre a politician first and foremost more than a man or woman. Stuart do you remember margaret thatch thatcher. Of course. Stuart do you think she was in a mood to compromise. She was a negotiator. Stuart we hear the story every year, atheists suing to take down christmas displays because they say theyre so offensive. Take a look at this. This is an antichristmas billboard now on display in mid tourn manhattan. It says keep the murrayry, dump the myth. And mark lanier is it here and would he sue the atheists over the billboard . Back to nicole, best buy, why is it a loser today . Best buy moves on every headline and todays headline is that the founder, looking to maybe make a buyout offer. Well, his deadline has been extended. You can do Due Diligence and get full year, rather than on china and making a crazy offer today. With the extension, it means, hey, the offer is not coming and the deal is not getting done today. So, yesterdays gain of 16 is now being given back, almost a majority, and down over 12 now. Stuart its called a day traders paradise i would guess. And nicole, thank you very much indeed. The Dow Jones Industrial average is up three points after this. Time is money, 30 seconds, here is what else we have for you this friday morning. Union thugs caught on camera punching people and will they be charged criminally . Not one, but two lawyers join us on that. Well talk to the mayor of a city, unemployment is 3 , what are they doing right . Here is a hint, energy. Theres a huge demand for gold coins and why the increase . And why isnt the price of gold soaring on that story . Remember, we want to hear from you as well. Send your emails right away, please, varney foxbusiness. Com and well read some of them live on the air this morning. Friday morning, seven early movers, here we go. The struggling temple com alcatellucent gets a life line from goldman and credit suisse. And quicksilver, its down. Adobe gave a weak forecast, but roths were indeed better than expected and the stock is up. Electronics Payments Company gave a disappointing forecast, the market doesnt like that, its down 7 , web security provider, abg technologies, reached a search and Distribution Agreement with yahoo and its up. Sprint nextel, 2 billion dollar offer to buy out clearwire, getting pushed back from some shareholders and clearwire is down just a little. Apple releasing the iphone 5 in china today. Ive got to say its a luke warm reception and down it goes. 5 14 is the apple price today. Well keep a watch on that all day long. Star nfl quarterback Robert Griffin facing criticism. Why, you ask . One sports journalist says he isnt black enough and he might be a republican. Oh, dear. Former baseball player cliff floyd is here, well talk bla blackness, taxes and investments after this. To lay to rest on marys blessed sleeping whom angels creeped with anthem sweet while shepherds watch are keeping [ male announcer ] at scottrade, you wont just find us online, youll also find us in person, with dedicated support teams at over 500 branches nationwide. So when you call or visit, you can ask for a name you know. Because personal Service Starts with a real person. [ rodger ] at scottrade, seven dollar trades are just the start. Our support teams are nearby, ready to help. Its no wonder so many investors are saying. [ all ] im with scottrade. We dont let frequent heartburn come between us and what we love. So if youre one of them people who gets heartburn and then treats day afr day. Block the acid with prilosec otc and dont get heartburn in the first place [ male announcer ] e pill eachmorning. 24 hours. Zero heartbur cliff floyd played Major League Baseball for seven season and earned 15 million in salary during that time and now hes retired living off the income of his investments and could be subject to much higher taxes next year. Cliff floyd joins us now. Before we get to that. Yeah. Stuart youre ready for this. Yesterday on espn. Yeah. Stuart i think it was rob parker, he criticized the redskins quarterback, Robert Griffin iii basically said hes not black enough because hes engaged to a white woman and might be a republican. Go on, react. You know, it took me back because i think that you know, Robert Griffin iii is doing his thing and not just playing football, but doing it for society and africanamericans looking up to him and for rob to go out there thats whats wrong out there. Youre judging somebody because of your own opinion, not just about what hes doing for himself. Hes saying what, as long as hes comfortable in his skin im totally fine with it. Stuart why does Robert Griffin have to conform to what somebody else thinks an africanamerican should be like, i dont get it. Do what you do, and hes a role model for so many different athletes growing up. We have so much going on in our communities where you look up to rg 3 and go, this guy right here, this is who i want my kid to look up to as he grows. Stuart lets talk taxes. Dont look like that. Come january the 1st, 2013, you are probably facing a nasty increase in your tax bite, how do you feel about it. You went through it and you prepare for it, anticipate whats going on and you try to do Different Things to allow yourself not to get hit. I have deferred payments coming from the mets and when you do look for the rainy day, youre not making that income. Going from 300,000 checks every two weeks to making zero and finding your next niche. Thats how it basically boils down and as you get the payments and theyre over the 250,000, and now youre taxed on the money after. Go from 35 to 37, 39 , eightit big hit. Stuart do you object . Of course i do. I dont mind paying the taxes i want the money being used the right way. You dont mind paying the taxes, not a little of cliff floyd, hey i punch the while every once in a while. Stuart thats what i wondered. And you move around and ask questions, but when you think about it, you know what, you keep moving and living. Stuart what do you make of hamilton, the baseball player goes from texas to southern cal, okay, making 25 Million Dollars a year, he goes from no state income tax to 13. 3 income tax, what do you make of that. I guarantee he talked about that in his negotiation, five years, 125 Million Dollars, maybe overpaid for his careers and his injuries, a guy thats been through a lot in his career and what hes able to accomplish thus far, but i think you put that into the thought when you get the contract. Stuart if he would have been moved from a texas team to a florida team, it wouldnt be it goes out you understand the state tax. Stuart almost out of time, but youre wearing an awful lot of what im told of course bling, diamonds here and diamonds around your neck and a fancy watch there. I bought this early on in life. Stuart did you call me varney . My name is stuart. Stuart. And you called me lloyd before and. [laughter] are you at least i have it. Thats the one thing. Stuart thats true. Now what and talk about this necklace here, i love my wife and one day i get ready to get something nice for her, dont have to buy it, here you go. Stuart ive got tears in my eyes. Cliff floyd, right . Yes. There you go stuart. Stuart cliff, anytime you want to come back a seat for you here. You know what, Merry Christmas to you. Merry christmas to you, thank you very much indeed. Time for the gold report. 9 50, where are we this morning . Stocks flat, gold flat. A woman busted for disability fraud, she was faking an ankle injury. Find out exactly what investigators caught her doing in a park. Very interesting. Liz macdonald, an allstar trial lawyer the man we hate to love mark lanier is here. Both of them are in the studio already, watch out. [laughter] saturday in the park, i think it was a fourth of july [ male announcer ] you are a business pro. Governor of getting it done. You know how to dance. With a deadline. And you. Rent from national. Because only national lets y u choose any car in the aisle. And go. You can even take a fullsize or above, and still pay the midsize price. This is awesome. [ male announcer ] yes, it is, business pro. Yes, it is. National. Go like a pro. We cover many examples of Insurance Fraud on your show and this is outrageous and i will explain it delicately. And martin was a custodian in a school in california said she hurt her ankle on the job and workers comp. She went to appointments on kruch crutches. She went to a gas station, changed clothes and put on high heels and met a man in the park and claimed she was seen having sex in the park, she was sentenced to nine months in jail. Mark lanier would you take her case and defend her. Thats indefensible, and fraught. You cannot have sex with an injured ankle, mark lanier. You cant lie about your injury to collect how do you know she was lying. She couldnt do something if she had the injury she had. She puttin high heels in the park. Thats not a way to supplement your income if youre on workers comp. I know youre tongue in cheek. Stuart i am. And not saying stimulus money for Insurance Fraud units, i didnt say that, but i would say put this film, this camera work in training sessions throughout the Education System in california. Stuart very good, liz. The not bad, mark. Lawsuits involving the nativity scenes, atheists having their way with christmas. And could mark lanier, ordained minister, take the case. Would he sue gun makers . The Gun Store Owner . Would he . Well ask him. Remember, hes sued just about everybody else. And have your seven early movers for you after each one, i will pause and ask mark if hes ever sued the company that im talking about. You sued them . Ive sued them and represented them. Sued gm . Sued gm. Dont tell me youve ever sued apple. [laughter] conflict of interest. Actually ive sued them. 115 on caterpillar, you viewed them. Won a 56 Million Dollars verdict against them year before last. Go ahead. Everybody has sued walmart for one thing or another. Of the seven early movers youve sued five of them . Yeah. You know hopainful heartburn can be. For fast, long lasting relief, use doctor recommended gaviscon®. Only gaviscon® forms a protective barrier that helps block stomach acid from splashing up relievi the pain quickly. Try fast, long lasting gaviscon®. Stuart new led and 00 more staggering numbers on gun ownership, a number of permits to carry a concealed weapon in florida about to hit the 1 million market. At that record gun sales across the country, some people saying it is because they fear Second Amendment rights will be limited under second obama term. Is that really the reason . Will lawsuits be the avenue the left uses to take away your guns . We have a lawyer and an advocate here on the set with me today. What about the assault on christmas . Atheists suing to get me to the dc9 removed from Public Places . Whar favor trial lawyer who is an ordained minister take that case . We will most certainly ask him. To the big board dead flat friday morning, the dow is down 11 points. Here is our company for the day, Liz Macdonald is here, all start trial lawyer, mark lanier, and Nicole Petallides on the floor of the exchange. I want you to look at apple. Way down this morning. Any idea what it is down . Trading as low as 580, and what we have seen, the market cap 482 billion. Ubs cut the price target to 700 to 780. It shows yet another analyst coming at with reasons. Stuart lets not forget frigid reception the iphone got in beijing when it went on sale today, two in line to buy it when the store opened in beijing. That is a big switch. Is that part of apples problem . And beijing to see that with my own eyes that people are already talking about new apple products next year. Is a too many apple products . The ipad mini is taking sales away, is it too much . Theyre talking about the galaxy as well. Losing its cool. Samsung getting cool. Dont ask me. Thanks very much indeed. Some time next week the number of licensed concealed carry permits in florida will top the 1 million mark. The number of applications have doubled in that state since 2007. Is happening all across the country. Theres a sudden rush to buy guns. Mark lanier is here. Would you something bad happens, theres a shooting, withdrawal lawyers like you go to court and sue the gun owner or the gunmaker . Obviously you could sue the gun owner. You dont see the gunmaker simply for manufacturing guns. We have sued remington before because running to aid theremington a defective gun that went off when they were not supposed to. That is a different matter. Gun ownership in short and the the Second Amendment. I am a texan. We are big and Second Amendment and dont bring losses for an issue of guns. Stuart what about the store that sold the gun where the nevada apple the store has an obligation to do the proper background checks to make sure theyre selling a gun validly. If the store has a felon who has been released from prison after shooting up a drug store or Something Like that and dont did background check and sell them again you bet used to that store. Of the store is following the law and the shooting guns and selling guns in the proper format, no, they have no exposure. Stuart you personally regardless of your legal position you personally support the Second Amendment rights. Absolutely. Stuart you dont want to infringe upon. And you dont want to second obama turn to start restricting the Second Amendment rights. I would be shocked if they do. This is a debate about illinois also wants to basically not have concealed weapons. He judge is saying you have to ride that was to allow concealed weapons. The debate is whether concealed weapons make the states save for a more dangerous. That is what illinois politicians are saying and florida is saying making state save for. Stuart we are having this conversation because of gun sales have literally taken off this year and the last four years in the United States. The day after thanksgiving, 154,000, what is it called, background checks, in one day, that is stunning and that is what im asking. The left which doesnt like the Second Amendment, doesnt want gun ownership, will they use the courts to go after gun owners and then manufacturers . I dont think they can. It is the Second Amendment and the courts are there to uphold the law, not to make a lot. Stuart and argument on that one there are judges who think they make law and those of the judges we try to move out of the way. We try to put judges in who will interpret the law, not make it. Stuart joining us to continue this discussion is steve, the president of the National Shooting sports foundation, he also had a 20 year career at company that manufactures guns. I want some information from you. We heard about this record gun sales surge in america. What is the single most popular hand gun in America Today . The smaller 380 caliber pocket pistols. It is designed to be carried concealed by a licensed individuals. Stuart do you think people are buying guns in Record Numbers simply because they feel that their Second Amendment rights are under threat . That is not the only reason. We have seen a rise in hunting license sales and a rise in sporting characteristics, the gun matches, and competitions, all sorts of sporting activities that foundation is involved in so is across the board. Stuart when you represent sportsmen. What about this concealed carry, millions of permits in florida. That is not because people think their Second Amendment rights are under threat . They personally feel threatened when theyre on the streets. It is a bit of the inverse. When the Supreme Court announced that it was an individual right to keep and bear arms more people said it is my right, i should look into this so they are flying across the country in Record Numbers as you state to get concealed carry permits. That does not mean theyre Walking Around carrying concealed guns all the time. Whether the do aeronaut the crime rate has been going steadily down the last 20 years to record low numbers. It doesnt mean just because more people have the right to carry firearms doesnt mean crime is rising. It is on the decrease. Stuart mark says he doesnt think the Second Amendment is going to be seriously challenge ltd. Youre right to keep and bear arms the ridge to you . I dont think so. It has been tried before. Before the Supreme Court made the announcement the Supreme Court had 33 municipalities setting in 1998 began selling firearms manufacturers under the theory that simply because you made a firearm you should be held liable for a subsequent criminal misuse over which you have no control and that applies to dealers as well as manufacturers and they all laughed. Stuart let me throw this out. The executive director of the National Rifle association has been on this program many times and says president obama would love to inhibit your Second Amendment rights and will do that and restrained in a second term. You think he is dead wrong . I think president obama by nature would like to restrict firearms ownership further. You see that when he was an Illinois State senator voted against concealed carry and voted to ban certain firearms. When using congress he voted against the lawful, sacked so i think by dint of personality and urban upbringing as he may feel less warm and fuzzy, the Second Amendment that we would like. Stuart i want to talk about 50 caliber rifles. Of is in the presence not long ago someone who was firing a 50 caliber rifle. This thing can kill somebody at a mile, goes for a tree at a mile and a half, very powerful weapon. July need that weapon to shoot a deer . Most firearms will do exactly what you describe. You cant define a firearm by its worst possible use. Those are used for longer target shooting particularly out west in increasing numbers. Youre trying to define a product by its worst use like saying a certain kind of car is only a getaway car. Liz again is a dangerous weapon, should we have in the hands of americans . Liz im scared about powerful guns. Time for the Second Amendment but with some restraint. That is what i would be for. Where do you see what is too powerful . There are legitimate uses for these guns, the weight 25 lbs. Stuart all right, it was a pleasure having you with us. Very interesting debate and we thank you for being here. The Obama Administration has spent billions to create jobs but last month alone, 350,000 people dropped out of the work force, they gave up the unemployment nationally but that is not a case in mid month texas. At 3 jobless rate. At 10 45 eastern this morning we talk to the mayor, how is he creating jobs . I will give you a hint, energy. Prius sue small town for its nativity scene on public property and the town cant afford the legal bill stephen dodd self so it backs down, out goes the nativity scene. We will ask our favorite litigator mark lanier, would you take a case like this . Would you sue a small town in america . Would you . I would not sue over and it to the scene, absolutely not. Stuart it is unconstitutional . I dont think it is unconstitutional. At think it is very constitutional. And wont even take in god we trust of of our collins. I believe we are one nation under god, indivisible land with liberty and justice for all. Stuart can we put this up on the screen for a second . This is an atheist at in times square as we speak, keep the mary, dumped the myth. I find that offensive. Would you take my case and susan to get out . I cant. Peoples ignorance is not the basis of a lawsuit. That is just a sign of i cant sue them for being ignorant. Stuart it is not on public property. I cant sue them for being ignorant. Theyre offending you and your ignorant but you cant sue them for that. People had a right in america to be ignorant and they have a right to [talking over each other] stuart these people force people like the Salvation Army to tell me when im putting money in their bucket, they say happy holidays, they are not allowed to save Merry Christmas for heavens sake. What is this . [talking over each other] you can put an ad up, something that you believe in, this is the First Amendment right to free speech. It is ignorant, very insulting but you cant sue someone for being stuart what is with an new hair cut . I wanted to be like you. Stuart you have a new hair cut so you cant hurt and pollute the jury pool more easily. I stand for truth. [talking over each other] stuart thanks very much. Bold point sales absolutely soaring, up 100 in november. Is it time to buy . We will deal with it next. Twins. I didnt see them coming. I have obligations. Cute obligations, but obligatio. I need to rethink the core of my portfolio. What i really need is sleep. Introducing g the ishares core, Building Blocks for the heart of your portlio. Find out why 9 out of 10 large professional investors choose ishares for their etfs. Ishares by blackrock. Call 1800ishares for a prospectus which includes investment objectives, risks, charges and expenses. Read and consider it carefully before investing. Risk includes possible loss of principal. Stuart a sharp the finding gas prices continue today, National Average down to 3. 20, 0. 65, the peak of gas prices and we have Ppg Industries up big time a 1. 1 billion, executive paint units, analysts think this will help take on sherwinwilliams. Look at that. As we predicted the twinkie will not die. We have a report from companies willing to take over Hostess Brands including walmart which is already hostesss biggest customer and walmart wont want to take those on so that could be a very interesting purchase. Look at the price of gold this morning just below 1,700 an ounce. A big increase in gold coin demand. More on that in 90 seconds. [ malennouncer ] its tt time of year again. Time for citi price rewind. Because your daughter really wants that pink castle thing. And you readont want to pay more than you have to. Only citi price rewind automatically searches for the lowest price. And if it findone, you get refunded the differenc just use your citi card and register your purchase line. Have a super sparkly day ok. [ male announcer ] now all youeed is a magic carriage. Citi price rewind. Start saving at citi. Com pricerewind. Stuart how much does austerity hurt . 42 . Greek turning 55,000 a year will now be taxed at the new top rate, 42 . The new rate is part of austerity measures demanded by the International Rescue lenders. More than 50 grand, say goodbye to 42 . The u. S. Mint says gold coin sales booming up more than 130 since president obamas reelection. Why by collins . week. Com joins us from dallas. Good to have you here. I am delighted to be here. Stuart if i can buy canadian gold calling, chinese gold calling, american gold calling, what are most people buying . In america, people primarily prefer the american gold eagle. Made by the United States, america is behind it, it is made in one ounce and different denominations, you can get a half ounce, quarter ounce, can ounce, most people prefer the american gold eagle but worldwide there are a lot of things to choose from so there are a bit of choices from any other country. Stuart why is the man up so much in november . It is up 130 , sales of 130 over november last year. Why is that . Please tell me, with all that demand and all those sales, why isnt the price of gold out more strongly . Gold is up fairly strongly if you look at the last week in years but in the last yearandahalf has been in relative trading range in the 1,600 to 1,800 range. You have gold in demand because they just brought in more of a liberal administration who is having trouble with the spending problem in this country. The analogy is gold has kept its buying power. You could buy stuart i demand the truth here. I think the truth is a lot of people buy gold collins because they want to avoid the state tax. A lot of people going to buy those bold collins and when they pass away they will pass them along and unknown to the irs to their states. Bury them in the backyard and do something to conceal ownership of gold. Am i right or am i right . There is no question you have touched on one of the assets of owning gold. One of the good points of it. It is something that is a private transaction. You can take them anywhere in the world and transact them. You dont need a government to approve them. I am sure a certain percentage of gold purchases are for state reasons. Like anything people are going to scold things with their bold, it is one of the options that is available. Stuart am i also right in saying a fairly large proportion of the sales of individual one ounce gold collins are done with cash, it is the cash, untraceable connection. Is that true . Through the patriot act and catch reporting laws and reasonable checks and balances for that. The threshold is pretty much 10,000. If you spend more than that in cash the will be reporting traders. If you have a discretionary funds up to that amount you could buy it without having it reported. If you spend more than that there are reporting laws but it is one of the last bastions of free enterprise. You have money that is actually worth what it is and doesnt require an external Financial Resources or governing body to account for it. Stuart thank you very much for joining, very interesting subject. Thanks for being here. Appreciate it. We will tell you about a 1 million gold coin. Stuart when you will be back, thank you very much. See you soon. I am calling it the Great American tune out. You dont want to hear politicians about the fiscal cliff, you want to be married. My take on that is next. You are judging somebody because of your own opinion. It is about what he is doing for himself. I am told stuart that was our last hour. Cliff floyds take on Robert Griffin iii being called not black enough. We talk about it all on varney and company, an Extraordinary Program starting at 9 20 eastern, an Extraordinary Program especially today. Best buy shares still loser. Before you give me the stock quote, do you think the founder took his back, made it private, do you think he could make it a store people want to go in and buy things and again . I threw you. Nicole i am very entrepreneurial, to succeed and get it right, and a founder and that made this baby and he can grow at and manning the ship and stuart hold on a second and go back to the stock. A couple people here including a try all lawyer. Do you know anything about best buy . Have you sue them . I have not sued best buy, but i have spent a lot of money there. Stuart if the founder took it back do you think he could make it a going concern again . No question that he could. Liz got to improve Customer Service getting killed by amazon and online retailer. He keeps on line and he can sell online but when you take it on personally, you have that personal mode and the personal attention it makes all the difference in the world. Stuart if i was a jury looking at you, i am going to vote with you. You take care of your business and demand owns the company will do a better job taking care of his business. Liz you can say it is emphatically as you want but their service is very poor and people dont like going there. [talking over each other] stuart you heard this, is the stock still down . Complete be race yesterdays gains of 16 and today is down 16 . Mom and pop shops have a tough time succeeding against the big guys. This would not be momandpop shops to a certain extent, some stiff competition. Stuart we hear you, thank you very much. More union sudbury. A pro human demonstrator reportedly punching a right to work supporter and all caught on camera. Why havent charges been filed . Criminal defense attorney will be here on that subject at 10 35 this morning. Stuart it is hanukkah. Christmas is coming. A very special time of year. Not the time when we want to hear about the fiscal cliff or trillion dollar deficits or been cranking up the printing press. Here is my take on the Great American tune out. I think that is what were doing. We are tuning out the financial noise and why not . Who wants to hear another smug comment about pay your fair share or attack working families. I am tired of it. I think you are too. But i have to make an effort to shrug off my sense of anxiety. We follow the money on varney and company but we cant just ignore the financial danger that we are in. Ben is printing a trillion for the fifth year in a row. The president is running up a deficit of 1 trillion the year for the fifth year in a row. Very hard to suppress the anxiety. Then there is the tax increase we face on january 1st and the upcoming catastrophe known as obamacare. We collectively putting negatives on one side. We are tuning them out. Accentuating the positive where we can find it, concentrating on things that make far more than business and money, family, faith and joy. That is what america is focusing on right now. That is the right thing to do, isnt it . [ male announcer ] they are a glowing example of what it means to be the best. And at this special time of year, they shine even brighter. Come to the winter event and get the mercedesbenz youve always wished for, now for an exceptional price. [ santa ] ho, ho, ho, ho [ male announcer ] lease a 2013 glk350 for 399 a month at your local mercedesbenz dealer. Stuart i want to go to mark lanier because he has an interesting take on the fiscal cliff. Lets pretend that i am the jury pool. Go ahead, pollute me. Give me your case. I have a congressman who voted to represent me and my district, he is responsible for voting our views, that is his job. President obama is the only man in this fiscal cliff fight that voted to represent all of america. It is the president s responsibility to represent all of america and do the best he can with compromise. That is not my congressmans job. The congress men and women up there are supposed to be voting for their district, voting for their people, what we put them in to vote. Of this president cannot afford a compromise he should be dumped it at the feet of the congress. They only have to vote their district. It is the president s responsibility to represent all of americans and cant do it we have the wrong president. Stuart that is a thinly veiled push for republicans to have some backbone and not cave. Mike congressman better represent me and my district. That is what we put him in for. Liz you are saying the president is not just the president of the 28 , he is the president of all the income tax brackets and he has to do what is best for all taxpayers. He is responsible for forging compromise. Pecan saying come on, republicans, do what you need to do. He has got to be the one leading. That is what leadership is. Stuart the public will not see it that way. You go over the cliff the president will not take responsibility. He wont be responsible. It will be ritter republicans to get the blame. Im not ok with that. That is a problem with me and it starts with your show. Stuart very good. I will get you later. This week, union sudbury, not joking about this, on full display. Michigan passed laws making the right to work state. The unions furious, huge protests, someone punched Fox News Contributor stephen prouder. You can see it. Undeniable visible evidence of that guy punching him in the face. They also destroyed kents, private property, will these suggs be charged criminally . Joining us now is criminal defense lawyer arthur addala. I dont know why that would not be charged. Of that happened in new york we would have on video tape and that is a prosecutors dream come true. Stuart who would have to press charges . Steven or the authorities . The authorities. Steven has to make he has to tell somebody in Law Enforcement i didnt authorize him to punch me in the face. It could be a stunt, i wanted him to punch me in the face. 0. 001 of the time that happens. The other 99 of the time it is an assault. That would be assault in the third degree, misdemeanor assault the punishable by a year in jail. Usually you dont go to jail for things like that but still get prosecuted, spend the night in jail and go in front of a judge and theres a bail hearing. [talking over each other] suit is different from charged criminally. On the criminal charges i have no idea why there are no criminal charges. There should be. There was also they cut down the trends that were set up. Stuart is there political bias on the part of the local prosecutor who is on the side [talking over each other] of course it is possible. It doesnt make sense that somebody is not charged. Stuart mark lanier, a trial lawyer. Could you, would you sue the union . If this gentleman who punched him in the face is proved to be a union member representing the yen in in that dispute could you sue the union . Absolutely. You cant to the fellow who called the punch [talking over each other] suing the person doing the punching easy. Suing the union, the unions defense would be we do not condone this, we didnt it would be the equivalent of the fox producer throwing the punch [talking over each other] liz bartenders can be sued for standing by and letting the drunk bedroom for why cant these guys be sued . [talking over each other] part of the bartenders job is to maintain order. Liz that is what the police union is opposed do. This is outside the realm [talking over each other] i would bring that suits all day long. [talking over each other] stuart you would defend the union . Not the individual. Lets flip it. Lets see the fox producer punch out someone from the union. Fox be sued . Stuart dont ask me. That is not what his job is. A fox reporter dropped the camera on someones foot and broke their foot theyre doing something in the realm of their business and iraq but when they start acting outside of their job capacity you cant hold the mother ship responsible. Stuart i think in the court of stuart varney, trial lawyer wins on this one. It is 12 jurors. Not one guy 12 people from michigan. Not one borrow from england. Stuart last word to mark lanier. How much can you take the union for . Depends on what the jury looks like i will tell you i could take the union. Stuart would you take 30 or 35 . Might do this one for free. [talking over each other] the dollars and cents are worked out stuart what would be your feet for my hourly fee is usually no. [talking over each other] for downtrodden [talking over each other] still have a mortgage to pay and mouths to feed. Stuart when youre still a lawyer and i love you. Thank you very much, everybody. Despite billions of stimulus spending, and employment still high, dont tell that to the mayor of midland, texas. Jobless rate in that city 3 . How did he do that . He is with us after the break. From the best players in history to the number 1 club in the world. The potential of Manchester United unlocked. Nyseuronext. Unlocking the worlds potential. Stuart i will say it one more time. Stocks are flashed. I say it every day because stocks are not moving. In the next couple hours of business things like investors waiting to find out what their tax situation is going to be next year. The dow is up 1 2 point. Best buy has been on a rollercoaster the last of days. It seems the buyout offer was coming yesterday from the founder. Today it extended the deadline meaning an offer is not imminent slowdown it goes. Dollar yesterdays gains wiped out. Adobe systems, a big winner. This is a Software Company that makes acrobat and photoshop. Strong profits. More people signed up for the free trial on line eventually becoming paying subscribers selleck those. We are back in 90 seconds with the mayor of midland, texas. His city has only a 3. 3 unemployment rate. How did he do that . We will ask him. Get married, have a couple of kids, [ children laughing ] move to the country, and live a long, happy life together where they almost never fight about money. [ dog barks ] because right after they get married, theyll find some retirement people who are paid on salary, not commission. Theyll get straightforward guidance and be able to focus on other things, like each other, which isnt rocket science. Its just common sense. From td ameritrade. Stuart where are the jobs in this economy . A lot of them are in mid month, texas. The jobless rate just over 3 . It is of fifth lowest in the United States from metro area, about half of the state jobless rates for the whole state of texas 3. 3 . Joining us by phone is the mayor of midland, republican wesley perry. Your honor, obvious question, how do you do it, 3. 3 . We do it pretty easily, we stay out of businesss way and let them do what they like to do. Stuart i will hold you up for a second. News from general electric, they have hiked their dividend by 12 , but they are not paying dearly, theyre waiting until january to pay out so they are not joining the club of the early Dividend Payment to take advantage of tax advantage so g e unchanged on the news that they have a 12 Dividend Increase payable next year. I want to go back to mayor harry of midland, texas in the middle of the answer. How do you get 3. 3 unemployment. It is pretty easy. Stay out of the way of businesses they will do what they like to do and provide jobs and resources to the community. Is not hard at all. Stuart it is more than that. It is energy. You are the owner of an oil and Gas Investment company, are you not . It is true. Our main industry is energy and technology with horizontal drilling and all the things going on in business but we are a resource community. Stuart you are one of the zynga fracking guys, fracking center u. S. A. A lot of Fracking Technology was developed here and is exported all over the world. Dave when do you think the fed could come down on you . Anything could happen. We are not planning on it. Short answer stuart does it make you nervous . The epa could come up with new regulations for fracking and put serious restrictions on the industry. That is possible but what i try to do is operate in the environment i have today realizing things can change so we have to get involved in those discussions. At an end of the day we have to do what is best for the business and react based on what government does which we hope is less rather than more but sometimes cant control that. Stuart where do you get the labor from . You must have people pouring in from all over . We need more people, we are lacking workers in all industries not just energy but housing, building houses. We have a high class problem of too much traffic, housing, on and on. Stuart not long ago we were doing stories out of north dakota where they have an energy boom about people earning 12 an hour, all kinds of strong wages in the Service Sector because services had in north dakota. Do you in a similar position . Absolutely. Truck drivers can make six figures. If you are hard worker, drug free and ready to work hard you can do very well in this market. Stuart six figures for truckdriver. You are in. That would be a great way you cant get below 3. 3 , you really cant do that. In the way we have workers who should not be out there, but People Living in town, finding places to live close by and this is a bigger area so they are moving in smaller communities 50 miles away working in oil patches which is the radius around midland. Stuart it must be cooled to be the mayor, and you are it. Thank you for joining us, appreciate it. Stuart Tobacco Companies no strangers to getting sued. A new report could give those trial lawyers more ammunition. We will ask is mark ready to sue . This is about chewing tobacco. . I have obligations. Cute obligations, but obligatio. I need to rethink the core of my portfolio. What i really need is sleep. Introducing the ishares core, Building Blocks for the heart of your portfolio. Find out why 9 out of 10 large professional investors choose ishares for their etfs. Ishares by blackrock. Call 1800ishares for a prospectus which includes investmentbjectives, risks, charges and expenses. Read and consider it carefully before investing. Risk includes possible loss of principal. [ male announcer ] how could switchgrass in argentina, change engineering in dubai, aluminum production in south africa, and the Aerospace Industry in the u. S. . At t. Rowe price, we understand the connections of a complex, global economy. Its just one reason over 75 of our mutual funds beat their 10year lipper average. T. Rowe price. Invest with confidence. Request a prospectus or summary prospectus with investme information, risks, fees and expenses to read and consider carefully before investing. Stuart this is hard to believe the we have a source. The Tobacco Industry spent nearly a half billion dollars on smokeless tobacco marketing in 2010. Incredible number. The result, smokeless Tobacco Use Among High School Students is rising in california and elsewhere. Mark lanier is here. Come on. We had two actually this is paper. I would not put that in my mouth for anything. Stuart can you sue . Not in texas. Texas, the Tobacco Industry has absolute privilege to do anything they want. It is illegal to sue them. Stuart they are advertising to smokeless tobacco, chewing tobacco. Their appetite in this are they advising people about the dangers of the jaw and the debt . The Surgeon General says this is dangerous and will cause sheet cancer, throat cancer, lip cancer and does all of that. Stuart they transferred from smoking cigarettes, you pay an arm and a leg to get that one and transfer it to smokeless tobacco. Nicotine stuart when you cant sue. Can sue in texas. It is tough to sue Tobacco Companies, their visions. Liz even though the 1998 masters Tobacco Settlement with 45 state attorneys general you cant sue, was their state of limitations . That settlement was just to stop government suits, that settled the state actions for medicare reimbursement. Individuals still have a right to sue in many states, not in texas, in florida for example a lot of suits go forward. In california some go forward but it is very difficult. The Tobacco Company lawsuit position is take no prisoners, we will not pay you until the u. S. Supreme court says we have to. So expensive stuart Something Else we about for you. An article in the Washington Post this morning got me worked. It says the senate would be better if it had more women. Here is the quote. Some are wondering whether the recordbreaking number of women will mean less gridlock, not more in the chamber. Women are more collaborative and collegial leaders studies have found. We talked about this at the top of the hour, there will be 20 women in the coming in to the senate, Record Number in the month of january. Wire you laughing . Liz youre going to come to me and have me review this. Stuart i could go to mark lanier if you like. I am not refuting that. I entries. Liz i think women are more collegial and if you dont believe me i will give you a nice soft in the kisser. I am kidding. I think women are more collegial. Im just kidding. Stuart you think women are more collegial . Liz they are nicer and sweeter. Stuart is that sexist . Liz so what . It is the truth. Stuart nicole, you have been listening. Nicole i will saw queue in the kisser if you dont agree with her. I agree as well. I think women have a great potential, theyre very collaborative. Move forward to support buy partisanship in congress and the senate and a great move. Despite long lines at the bathroom [talking over each other] stuart mark lanier, white male from texas sitting here. With of the injury studies. Women are more ethical and women are more collaborative. I have seen it time after time after time. Stuart the days of the white male having any authority are gone. He doesnt deserve it any longer. Im not saying that. Women are more collaborative. You sound like one of my teenage daughters, i am just saying. Even a teenage daughter [talking over each other] stuart i better get out of this while i am okay. We are going to have a highlight reel for you next. Stuart it is quite a show. Lets wrap it up with the highlight reel. I am for the Second Amendment, but i am for it with some restraint. A lot of people said, hey, it is my right. Maybe i should look into it. Stuart on sales are up. Prime rate has been going down steadily for years. They are there to uphold the law, not make law. Stuart that was probably the most serious discussion of the day. Twenty women coming into the senate will make it a more collegial sort of place. We have this comment from Charles Payne who could not be with us this morning. Women, yes, they are more collegial until they get a good divorce lawyer. Good one, charles. [ laughter ] i am all for the women. I have four daughters. Delightful girls. Stuart you are very much on the side as women being more civil and collegial. I will always say that publicly. Stuart i asked my wife for a comment. Your producer says the wife