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Imus in the morning are you happy with a high Unemployment Rate and modest job creation . Well, thats what youve got. Good morning, everyone. 7. 8 is the rate, 155,000 jobs created. Sure looks like a new dismal normal to me. Nearly four years after the end of the recession, there is still no robust recovery. But i do have big news from investor warren buffett. Hes taking his money out of some big name companies, he doesnt think you are spending enough. Does that have something to do with all the new taxes he likes so much . And then we have the Richest Woman in the world. She says dont be jealous, work more. And quit drinking, smoking and socializing. The liberal media hates her. I think shes dead right. Varney company is about to begin. [ indistinct shouting ] [ indistinct shouting ] [ male announcer ] time and sales data. Splitsecond stats. [ indistinct shouting ] its so close to the options floor. [ indistinct shouting, bell dinging ]. Youll bust your brain box. All onhinkorswim from td ameritrade. Its friday morning, i am determined to start with something truly uplifting and we found it for you. Brand new video coming in, doctors discharge malala from a british hospital three months after the taliban shot her in the head after promoting education for girls. I think she should have won the nobel peace prize. Good news, shes doing okay. Billionaires like warren buffett, well, they are dumping shares of big name American Consumer companies at an alarming rate. Buffetts Berkshire Hathaway sold 21 of its shares in big names you know like johnson johnson, Procter Gamble, kraft. 70 of the u. S. Economy depends on Consumer Spending and lets bring in Charles Payne. What do you make of an economy where buffett, very good investor, is selling consumer stocks. Charles its an indictment, i guess, defacto, some sort of indictment against the overall economy and also, juxtapose that against the news coming into the week that he was buying this gigantic solar farm out in california. In other words, he knows he can rely on money, a lot of money consistently, at least for the next four years for the federal government, but hes not sure he can rely on the average consumer. Maybe thats an indictment of all the taxes, indictment of all the regulations and the other things that he seems to advocate in his personal life, but in his Business Life and his investment life is completely different, always has been. Stuart and when im going to the Grocery Store and supermarket, im buying products from johnson johnson, kraft, Procter Gamble and they dominate the market and hes selling them. 27 thats quite a dumping operation. Charles it is, hes a conservative investor and should be a perfect stocks for him. Stuart ive got another story and were following it for you today, that will be fema refusing to reimburse houses of worship for damages following hurricane sandy. Citing separation of church and state and only offering loans, not grants. What about requirements under obamacare, that religious employers provide coverage for contraception and morning after Abortion Pills . Father Jonathan Morris will join us at the top of the hour. We want to know what you think as always. Go to our Facebook Page and leave a comment, please, we may read some of them live. And what were following, the price of gold. Investors piling into it as the fed kept on printing money. Now the latest report from the fed says maybe the gravy train will come to an end or at least slow down. If the gold inflation hedge not such a great hedge if were not printing a lot of money. Next, the Richest Woman in the the world gives good advice to the poor. I think shes dead right. My crew disagrees, but well take it up in a moment. Now, were seconds from the opening bell and not expecting a huge move for stocks as we get going this morning. Not expecting much impact from that jobs report, 7. 8 unemployment, 155,000 new jobs created. The whats the word, the Participation Rate holding at a low. Far more important in the gold market, we were down 40 bucks earlier. Down about 24 bucks now and thats because there are hints from the Federal Reserve that maybe ben wont be printing as much money this year as people thought. Gold is down. [bell ringing] the bell is ringing when it stops ringing well start trading on the big board. Whats the opening trend this morning . Whoa, not much of a trend. Yeah, okay, were up 4 points, now, that, i suppose you could call it a trend, not much of one, but were slightly higher. Lets get to the action, shall we . The price of gold, where are we . Weve retreated from 1700, and now were at 1647. Were down 27 today. Thats a selloff. Now, lets look at coin star. Thats the company with all the little red boxes, red machines you see a lot of them in supermarkets where you can rent a movie for a dollar. The chief executive retiring. Usually when the chief leaves the stock goes up, means he or she was not a good ceo, oh, its down today. A changing of the guard for the crucial time in the company. Inthats one of the the reasons youre seeing a selloff of 4 1 2 , and the ceo resigned, 55 years old. And the chief Financial Officer steps up, and the key is that theyve moved into streaming service. You notice the red box kiosks and take a movie home and now were talking competing streaming with hulu, amazon, and this is supposed to be a growth area for coin star. Stuart i dont know about that. I like putting my dollar in the the slot and getting a movie for 24 hours, i know how to do it. Im he so with you. I still bring my coins in to just drop them in the coins you dropped the coins in and got money out, Im Old School and agree with you. We have heard sony, heard intel talking about competing and now coin star and netflix and hulu. Read a book somebody. Stuart oh, now, well said, young lady. Well said. Thank you very much indeed, nicole. Dow jones industrials is opening dead flat. The jobs numbers, they were not exciting. Should we call it the new normal. Only 155,000 jobs created last month. The real Unemployment Rate, no change. 14. 4 . No, that includes people who are underemployed, and stopped looking for work. Charles, lets get back to them. You and i on fox business about an hour ago, we said, look, it is a new normal and its a depressing new normal. Still there . Oh, absolutely. Because we know we can do so much better. I think thats the overarching theme of all of this. The market had a move from the lows of four years ago, but the fact of the matter is, the the needle hasnt moved much. When we grasp for straws or green shoots, the automobile market is rebounding. The average car is 11 years old and anyone can get a loan, through the roof, Housing Market is coming back and most that have is speculators. First time buyers actually have been dipping, you know, spending a narrow range and dipping from month to month. So, you know, where is the traction . And listen, the taking this extraordinary action, 85 billion a month, that tells us the economy is not where it needs to be. Certainly, we dont have any pro growth, pro jobs its not a solid mentality. Were in a bunker mentality businesses and individuals. Stuart i hope youre not stolling, 155,000 jobs, on trend, with the recovery in progress. Charles ive read so many articles people saying this is sort of, you know, weve got an aging population and this, that. Stuart excuses thats all it is. Charles absolutely. Stuart and now, everybody whos watching this program, everybody in this studio is paying more in tax, as of right now more in tax than a week ago and you stick a tax burden on people just as youve the got 7. 8 unemployment and very sluggish job growth. Stuart thats what i said the adp report showing a decline in very Small Businesses and losing jobs the first time ive seen a negative number in a long time, it does not bowed well. Stuart ive got to get time for something which is right up your street and mine, too, if not everybody else who works on this program. Listen to this, some advice from the worlds Richest Woman, Gina Reinhart is her name. Shes australia, a billionaire worth 30 billion dollars, shes quoted in the l. A. Times saying, people should not be jealous of wealth. Direct quote. Do something to make more money yourself, spend less time drinking or smoking, and socializing and more time working. Predictbly the l. A. Times is harshly critical of miss reinhart say she has a let them eat cake mentality. Charles i agree, shes actually saying dont eat cake, dont drink beer, dont smoke cigarettes. Im going to give you a brilliant example. Ive got a nephew, not nephew, but a god son, and live in the broncs, and parents both smoke, if they would stop smoking a pack of cigarettes and if they had put it away for josh, 157,000 thereabouts rights now. Stuart 157,000. Were not even talking a six pack of beer here. And i think its something weve talked about a lot. A the some point some generation is going to have to bite the bullet, generation of Social Security and medicare, some group that bites the bullet on a personal level. On an individual level some parents have to do that and sadly its the poorest parents out there. And believe me josh has a gucci belt that costs 300. He aspires that and he shouldnt have it at his age and their income bracket. Stuart lets get back to miss reinhart. Worth 30 billion dollars and her family made the money in Mining Operations out in western australia, 30 billion, there she is, and people say she is a hypocrite because she didnt work for this money, contest that by the way, and shes giving people how to make their money, and i contest that. Some people are giving us a hard time. The control room, im not contesting a fact, im suggesting that this woman knows what shes talking about. Theyre talk to go me in my ear, sorry, viewers. Charles, theyre talking to me and saying, wait a minute, i say, how do you make money . How do you become wealthy . You work. You work more. Charles how do you stop being poor . How do you stop being poor and add that to the trajectory, the way you do it, someone makes a sacrifice. You have 150,000, your kid goes to college and there on out, your familys life changes. If somebody was morbidly obese, stuart, eat more chicken and exercise four or five times a week. Doesnt mean theyre wrong. You can say who are you to say it, but their advice is solid. Stuart im glad youre here, charles, you and i against the world. And lets take a look at this picture, whats missing . How about a woman. During the election, democrats attacked republicans for waging a socalled war on women. It worked, so why do females make considerably less than men in the Obama Administration . And where are the women on the white house staff . Look at that picture. We have a new allfemale company at the top of the hour. Theyre going to weigh in on that one, it will be new at 10. Nicole, whats this about lululemon losing today . Thats right. Downgraded over at Credit Suisse this morning. And youre seeing lululemon down about 4 1 2 . However, we should note, this is a company that has had quite a run over the last 52 weeks, up about 45 , but they are getting a downgrade over at Credit Suisse today. So not good news for this retailer and they have their own retail shops and they sell those great yoga pants you know that im a big fan and so much more. Stuart you should have seen the presents that were unwrapped in my household when i got four daughters on christmas morning. With their lululemon in there . I believe there was a couple there. Oh, good stuff. And it has the holes for the thumbs that feel great, put them on and ready for a nice workout. Stuart okay, i just want to see the bill. Nicole, thank you very much indeed. And dow industrials what are you laughing at. Charles you dont want to see the bill. Stuart time is money, 30 seconds, what else weve got for you today. The g. O. P. Considered hiring a madison avenue ad agency to repair its image. How would a branding strategist do that . Can you repair the republicans image . How would you do it . Well ask a branding specialist. And speaking of the senate, joe biden greeting the new senators and their families yesterday. Biden does a great job working the crowd. Its really good. But in typical biden fashion he puts his foot in his mouth right near the end. Well show it it to you and we have a clerk in Putnam County, new york, he refuses to release the names and addresses of gun owners. Is that legal . The judge weighs in on it. And im very conscious of having Charles Payne sitting next to me this morning while i do the 7 early movers, he knows more than i do. Nonetheless, im going to plow ahead, charles. Charles okay. Stuart the Surgical Technology company acu ray, how did i do on that. Charles its a movers definitely. [laughter]. Stuart we mentioned coin star, the chief is retiring and plus, Fourth Quarter profits could be better than expected. Could have been better than they were. Down 3 bucks. I like it got hit yesterday, too, listen, great people are saying, this guy is phenomenal, doesnt know if anybody can fill his shoes. Stuart and progress software, less money coming in. Nonetheless, a mover, its up. Better than expected results for the plastic maker, a shulman, its up. Do you know anything about a. Shulman. I do not, but i like when the plastic maker is up. Stuart you know this one, intermune, sales of the lung disease drug will depend on timing of the european launch. Well, thats dead flat. Charles they got an upgrade, this morning, too, im surprised its not up more. Stuart you like the medical device, one break through and the figure is through the roof. Charles theyre a one trick pony. Stuart how about Entertainment Company ro hchhv double e. Thats up 5 . Not bad. Barclays, the analysts says that growth is slowing at a fast food burgers, sonic, i like those burgers, dont you. Charles well. Stuart no you dont . Ive heard of them, but i dont go there often. Stuart really . Ill not pursue it. The dow is dead flat and i mean dead flat. It is up. 15. How will the white house respond to the jobs report . Will they issue the same statement they usually do and just change the date on it . Well have it for you, coming up. [ rosa ] im rosa and i quit smoking with chantix. When the doctor told me that i could smoke for the first week. I like. Yeah, ok. Little did i know that one week later i wasnt smoking. [ male announcer ] along with support, chantix is proven to help people quit smoking. It reduces the urge to smoke. Some people had changes in behavior, thinking or mood, hostility, agitation, depressed mood and suicidal oughts or actions while taking or after stopping chantix. If you notice any of these stop taking chantix and call your doctor right away. Tell your doctor about any history of depression or other Mental Health problems, which could get worse while taking chantix. Dont take chantix if youve had a serus allergic or skin reaction to it. If you develop these stop taking antix and see your doctor right away as some can be lifethreatening. 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Use promo code gethelp. If youre not completely satisfied, notify lifelock and you wont pay a cent. Order now and also get this shredder to keep your documents out of the wrong hands a 29 dollar value, free. Get protected now. Call the number on your screen or go to lifelock. Com to try lifelock protection risk free for a full 60 days. Use promo code gethelp. Plus get this document shredder free but only if you act right now. Call the number on your screen now take a look at this, please, i think the magazine the economist must have been watching varney company, the cover for the latest issue has the headline america turned european showing president obama wearing a barre and holding a baguette and john boehner in the background wearing lederhosen. I think the economy approves of this, but i do not. Charles didnt you cancel your subscription . I did. Charles they may have come back to your view. How can the rest of the world look up to america if they become brussels on the potomac. Its somewhat of a scathing article. Maybe you shook them up and went oun the subscription rolls, stuart varney, where is he . We got him. Stuart i was a subscriber for over 30 years. Charles antigrowth policies, this is what killed europe and see it. Stuart and its staring you in the face for heavens sake, charles, so good to have you. Back to the mornings job numbers and joining us is paul conway, former chief of staff of the secretary elaine chao in the second bush administration. Always a pleasure, welcome back. Happy new year and i get i should say bon jour. Stuart the basic questions, have we now in america restored all of the jobs we lost in the Great Recession . No, as a matter of fact, this morning there were several different reports. During that 18 month period of recession, that technically ended in june of 2009, we lost 8. 8 million jobs in america, only 4. 6 million of those jobs have been recovered and what youre seeing now, about 150, 153,000 on average here, that is just barely enough to incorporate new workers into the work force. Its not making a serious dent in those who are unemployed or longterm unemployed. Stuart thats dramatic. I want to go back to the numbers just for a second now. Right before the recession began, are you picking a number there of what, 8. 2 8. 2 million jobs lost in the recession. Is that what you said, 8. 2 . Yeah, so, actually its 8. 8 million jobs that were lost for the recession that ended in the period ending in june of 2009. Stuart yeah. So since that time weve recovered back 4. 6 million jobs so in answer to the question have we gotten those jobs back . The answer is absolutely not and the economic engine is not driving fast enough to build on those jobs and create more opportunity. Stuart thats the basis of our economic malaise. If youve got all those jobs, youve not returned, paychecks which are not being earned, you dont have that level of demand in the economy that you used to have so you dont have the rate of growth. Thats the basic problem, isnt it . Thats absolutely right. As you and charles have been very, very articulate in pointing out, the engine of Economic Growth is Small Business and medium sized business here in america and when you take a look at 2013 and whats coming for 2014 in terms of the health care law, air going to see a lot of hesitancy among employers, especially Small Business as theyre trying to sort this thing out. The process of lighting a fire under the engine here is dampened by the administrations own policies. Hold on a second, paul. The white house respondent to the jobs report. The first paragraph verbatim word for word from the Statement Last month. Quote, while more work remains to be done todays employment report provides further evidence that the u. S. Economy is it continuing to heal from the wounds inflicted by the worst down turn since the great depression, and its important that we continue with the policies that work for the midding class and severe recession that began in 2007. Only the date changed, paul. What do you think of that . Well, i tell you what, its easy to do a cut and replace on microsoft word from hawaii, but lets take this seriously, okay . Were looking at an administration thats just been reelected and the central core issue here is getting americans back to work, how do you create more jobs . You need at least 300 to 350,000 more jobs per month created in order to get people back to work, youve got 3 Million People on Unemployment Benefits, over 2 million on extended Unemployment Benefits and millions of americans trying their best, but have dropped out of the work force and this is not the status quo that we should expect. Stuart its the new normal and we dont like it. Charles, you heard that response to the jobs report this morning from the house, your response to that . Cynically you could say he used the auto pen for that as well. But listen, the white house is continuously trying to have its cake and eat it, too. The bottom line, at this point they could be more forthright and say these jobs numbers are completely unacceptable. Stuart they got reelected, say it, come on. Charles listen, weve got to figure something out and its unacceptable not the country that we all know, it cant be. Stuart lets move to the market which is moving this morning. Stocks going nowhere, but gold is moving as of right now the price of gold is down 23. 1651 is where we are. A big loss for gold today. Cops go into a local dennys to eat breakfast and are asked to get rid of their guns or leave. They were on duty. The whole country got a little gun crazy on both sides. Well discuss it next. You can get anything you want to at alices restaurant a manager at a dennys in belleville, illinois asked a group of detectives to leave if they didnt agree to put their guns back in their vehicles outside. The officers were out of uniform, but they were wearing their badges. The manager said their guns were making some customers feel uncomfortable. Dennys Corporate Office has apologized, but the police chief is banning his officers from going back to that dennys. Charles, what do you make of this. Charles outrageous. When they call 911, shouldnt answer the calls . I googled dennys, and i would feel extraordinarily comfortable to have two officers there and some of the stories in this break alone, are they out of their mind, are they nuts . Who is uncomfortable having two Police Officers eating breck next to them. What country, russia . A sixyearold boy from maryland was suspended after pretending to shooting classmates with his finger days after the newtown shootings. Six years old, doing this, bang, bang, and they suspended him. What . I know. Stuart are you pulling back. Charles no, no, i can understand little sixyearold kids being upset about this than adults sitting in a dennys, i think its gone too far, but i certainly understand where they could be a lot more uncomfortable with the situation than adults who understand, now what . You have two of the brave Police Officers sitting right next to you, are you nuts . Youre uncomfortable about that . Six years old, thats a different story, particularly in light of whats been happening. Stuart look, charles, thank you for helping me through the first hour. Air going to the game this weekend. Charles thats right. Stuart which game. Charles redskins. Stuart they are he going to win . Are you in the owners box, i think you are. Charles yeah. Stuart must be fun to be rich. New at ten, houses of worship being refused fema assistance after hurricane sandy. Theyre going to get loans, thats all. All in the name of the constitution, separation of church and state. Father Jonathan Morris will join us on that subject, plus, we have a brand new all female company to weigh in on this, where are the women in the white house . Thats next. Stuart new at 10 00 everyone, fema says it will not give federal relief grants to houses of worship, only loans. Thats for damage suffered in hurricane sandy. Fema citing the constitutional separation of church and state. Plus, we have for you something missing from this picture, a recent oval office meeting, no women, where are they . We will discuss the two stories and the double standards within both of them within this company today. This is the company. Look at this, gerri willis is here, Monica Crowley is here and nicole always on the floor of the new york stock exchange. To the big board, it is a pretty flat market despite a pretty flat unemployment report, rather weak economy it shows. 16 points up for the dow, 13,400. Thats where we are this friday morning. Fema says houses of worship can only get loans to cover damages from hurricane sandy, citing separation of church and state. Father Jonathan Morris is with us right now this friday morning. Welcome to the program. Thank you very much. Stuart now what do you make of this . Fema says we will give you loans for the damage to houses of worship and for what you doled out this time of emergency, but were not going to give you grants like other sectors of the population. Not only to other sectors of the population, but to other nonprofits, right, zoos, museums and even religiously affiliated organizations that are doing social work. So what theyve decided to do is exclude any help to houses of worship. Stuart this is for jewish temples, muslim mosques, christian churches, catholic churches, across the board. No exceptions. Stuart are they saying you are not a business in the way that other nonprofits are a business, therefore, they can get a grant, but you cannot . Well, actually businesses get loans, according to fema, but they are not getting grants. You know whats interesting though, this is the real core of the issue, is whether or not government believes whether or not society believes that churches are actually a plus for society, in a way that other, for example, charitable nonreligious organizations would be. And there has always been a tradition in the United States of america that we have thought churches, religious organizations are good for society because they help make people more moral, more charitable, etc. Thats why stuart are they beating you up . Yes. Stuart are you steamed up about this . It is unfair. Im not steamed up. Stuart you have loans which you have to repay. Yes. Stuart not a grant which you dont have to repay. Thats right. Why are religious churches taxexempt . Why . Because society has the United States of america has decided as a great tradition of saying we believe and it is in our interests, our national and local interests that you thrive as a house of worship. Stuart okay, let me play the other side of the fence for a second. There is constitutional separation of church and state. If the government were to hand out money, give it to a church, to rebuild that church, to repair the damage to that church, that would conflict, with the separation of church and state. What does the constitution say about religion . Everyone talks about separation of church and state, a very good principle, but what do we find in the constitution . The establishment clause that says congress should not pass a law to establish one religion over another. The second thing is congress should not pass any law that is going to prohibit the free exercise of religion. We dont want government to be saying were going to build your church after sandy but this mosque we will not build, no, they should be in the exact same footing and they should apply like every other nonprofit should apply. Stuart you think the money should come from the government to repair damage to churches, mosques and temples . Yes, absolutely. Stuart you push for that . Absolutely, unless we think that churches are simply not a plus for society. Stuart right, now under obama care, catholic institutions, hospitals, for example, must provide Birth Control and they must provide morning after Abortion Pills. They have got to do this. The Obama Administration says you have got to do that. They are abandoning the separation of church and state in that instance, but applying it in the instance of sandy. You are exactly right. They have given this supposed exemption, but theyve said it is only an exemption for houses of worship. But a catholic or a christian or a jewish or a muslim hospital must abide and there is no exception whatsoever. That is and not only what theyve done, this is fascinating i think, stuart, they have redefined what a religious organization is. They said no, we absolutely respect freedom of conscience, but were going to define a religious organization basically as a church. What about a hospital . What about a school . In other words, keep your religion inside of a church. Dont bring it out because thats not a religious organization. Stuart do you think that the president is hostile to religion . I think hes confused on this issue. Stuart confused . Yes. Stuart you wouldnt go so far as to say hostile . Im not going to judge his soul from a distance. Stuart has he cancelled prayer breakfasts . Hes done a lot of things not just in terms of prayer and religion, but i think basic fundamental traditional values in the United States, he has gone against in a way that im not very happy about. Stuart i sense you are turning the other cheek to coin a biblical phrase, are you not . Sometimes i would like to see a more muscular response on the part of christians to the attacks made upon them. Thats what i would like to see. Im not seeing them. I agree. We need to do a better job. Im not going to get steamy or angry. I know thats what you want me to do. Stuart no. I repeat, what i want is a more muscular response on the part of christians because we im a practicing christian, i think were under attack all over the world. I agree. Stuart i want a more muscular response. I dont mean to clench my fists like this. How about the most devastating i think actions or inactions of the United States government right now is not standing up for christians in the middle east. Stuart well said. What were seeing here is a return to the genocides of the early 20th century getting ready to happen. Absolutely. Stuart strong stuff. I was in syria a few years back, a million christians had fled iraq to get to syria. Where are those million christians going what are those million christians going to do right now . If we start paying these governments to abuse and to persecute minorities. The christians in egypt . They have the same problem. Absolutely. Stuart will you please say this forcefully to the new arch bishop of canterbury perhaps, who could use a perhaps more muscular approach. Father Jonathan Morris, everyone, thank you very much. Thanks stuart. Stuart good stuff. Heres what you are saying about this on our Facebook Page. First of all, betty, she doesnt think the churches should get the money. Quote why should any religious Organization Get any federal money . They dont pay any taxes into the system. Why should they get any out of the system . Hold on, you can respond in a second. Donna says, i think we all know now that the government picks and chooses who and what it wants to survive regardless of what the constitution says. And this from amanda i didnt see this as an issue after katrina. The just shows the doublestandard. Last word from you, ten seconds. The first email which i think is the most confused email stuart betty. What about all the other nonprofit organizations that are getting assistance . Stuart but shes got a point. Those nonprofits are not paying taxes either and they are getting aid. What they have done is exclude only houses of worship from that aid. Stuart all right. What they are saying is what the government is saying is because you know what . Thats actually not good for society necessarily. That is a change in tradition. Stuart they are killing me, we have run so far over time. Look what happens. You told me to yell and scream. Stuart back to nicole, transocean pays out a settlement but the stock is up. Can you tell me why . Nicole i cant get mad at father john at all even though hes cutting into my time. Tacking on to yesterdays gain of roughly 6 , so weve seen two days of great moves here for rig, and that is because they are settling with the department of justice, 1. 4 billion dollars, this is the pay out that they have now settled they actually set aside more than that. 1 billion in civil penalties, 400 million for criminal penalties and this is obviously all relating back to the big gulf spill in 2010. There were 11 deaths associated with that. We should note that halliburton which actually did some of the cement work on the well actually they have not done any settlements yet. So continue to watch halliburton, but transocean shares are doing very well, three days in a row. Stuart not bad at all, nicole. Thank you. Should we call it the new normal . The Labor Department reporting this morning only 155,000 new jobs added last month and the real Unemployment Rate, no change, 14. 4 , that includes people who are underemployed or stopped looking for work. Monica, tell me. The Unemployment Rate is 7. 8 which is exactly where it was when president obama was sworn into office. Their slogan forward really has extra resonance now. As you mentioned, the actual Unemployment Rate is 14. 4 . This is disastrous. 155,000 jobs, if that the number is to be believed and if it stays without revision, last year and the year before, 2011 and 2012, the average monthly jobs gain was 153,000. This is not a dynamic economy, not a growing economy. Stuart and yet we have the white house releasing verbatim exactly the same Statement Today as they released at the november report. They changed the date, thats it. First paragraph, verbatim, same. You are calling it the new normal, this cannot be our new normal. We cant settle for this. This doesnt work. This country cant run on 7. 8 unemployment. Its only been five, six years since we had 5. 2 unemployment. Think about that. The world was a different place. People forget, they think this is just the way things must be. No, it doesnt have to be. Stuart we have settled and we should not settle for this. Thats right. Stuart i want to take just 30 seconds because the judge is sitting here. I was making a comment that i want a more muscular response on the part of christianity to the attacks made upon us. And i believe im going to give you 20 seconds for a muscular response. Go. I will tell you what Francis Cardinal spelman would have done, the great arch bishop of new york in the 40s and 50s, ex communicate catholic members of congress who voted in favor of obama care, maybe even put them under interdict which means no mass can be said and no sacrament can be distributed in their presence. Thats a muscular response i would like to see. Stuart i wouldnt go so far to reintroduce the spanish inquisition. I dont want to go there either. Stuart the Obama Administration released its 2012 regulatory agenda on the friday before christmas, when nobody was paying attention. Now, were finally seeing what these new regulations will cost. According to initial reports implementing these regulations will cost 123 billion dollars and completing all of the paperwork requires roughly, roughly 13 million man or woman hours. The administration passed these regulations without congressional approval. The judge has something to say about that. Well, congress of course can dislodge these if congress reads them. Now we know Congress Wont read them. Stuart you couldnt read it. The people who distributed it indicated no human being can read them, you are talking millions of pages of very technical regulations. But congress could defund the regulatory authorities that will enforce them. It will never do that. That requires the president s signature. Congress can without the president invalidate these regulations if it can isolate them. Both houses of congress would have to agree. But we really have congress to blame because congress has given regulatory agencies an anomaly that doesnt exist under the constitution, vast and Unlimited Authority to regulate private personal and commercial behavior in ways that congress itself could never do. Stuart you know, im beginning to become a bit more libertarian because this bureaucracy, this bureaucratic approach to running the country just doesnt work. You know in my world the conversation you had with father jonathan wouldnt happen because fema would be unconstitutional and the government wouldnt be in the business of bailing people out who are underinsured or failed to insure their own properties but thats another debate for another time. I have to go home to new jersey. I dont want a riot in front of my house. [laughter] stuart heres a question for you [laughter] sorry. Stuart can i get a word in edge wise . Please, its your show. Stuart its varney company. Let him speak for heavens sake. Stuart please put this picture on the screen. I want you to tell me whats missing. This is president obama at the white house. Do you notice something . There are no women in the picture. In fact women get paid less than men in the white house in the Obama Administration. Theres no outrage about this. What about the war on women . Monica and gerri react to this next. Stuart take a look at stocks this morning, just an hour whats this about 45 minutes into the trading session, a couple of hours after that jobs report was released. Were going nowhere for the market thus far. 16, 15 points higher for the dow. We have coin star, thats the company that has those red machines where you can rent a movie for a buck. Projected better Fourth Quarter profits but its chief executive is retiring. Must be a good ceo. The stock is down on that news. They want him to stay. The finish line, the chain store that sells sneakers reported lower than expected profits. It says it was hurt by higher costs, lower sales for its online business. Shares of finish line are down 3 . Endo healthcare saying revenues from its painkiller could [inaudible] because of competition from generics. Endo is down 3 . In most states with every personalized document to answer questions. Get started at legalzoom. Com today. And now youre protected. [ indistinct shouting ] [ male announcer ] time and sales data. Splitsecond stats. [ indistinct shouting ] its so close to the options floor. [ indistinct shouting, bell dinging ]. Youll bust your brain box. All onhinkorswim from td ameritrade. Stuart one more time, take a look at this, please. This is a recent official white house photo. You might notice something is missing from the staff meeting. That would be women. According to the 2011 annual report on white house staff, the white house paid female staffers 18 less than their male colleagues. Gerri and monica, theres no outrage about this, and monica, im looking to you, i expect to see steam coming out of your ears and im not. Well, you will get steam out of my ears on the pay issue because this is a very liberal administration. Liberals for a long time have been arguing equal pay for equal work. So that issue in and of itself is an outrage. How they have been able to get away with it for such a long time is beyond me, without any kind of complaint from womens groups. In terms of seeing all the men there and very few women staffers, to be fair to the president , his top two advisors are his wife michelle, and value Valerie Jarrett, two women. He also appointed Hillary Clinton and lisa jackson. There are a lot of women in his cabinet and also two female Supreme Court justices. You can disagree with him politically as i do but hes made a lot of female appointments. They should be asking for more money, however. Heres my point, its not just about the titles people have; right . It is about access to the president. Kathleen sebelius, no matter what you think of her as health and Human Services secretary, a basketball star as an undergraduate, never been asked to play basketball with the president because, you know, he has these pickup games with staff, they do it all the time, shes never been invited. Stuart never . It is well known inside the cabinet that womens voices are less well regarded. Stuart okay. Let me make this comment. I think that politics in america has been am i so wrong, monica . No i agree with you. I think you are absolutely right about that. But remember, president obama and you are right to point out he doesnt invite women to play golf with him. Gerri willis by the way is an awesome golfer. Shes amazing. Im not kidding. But he is surrounded by women. He has his wife, his motherinlaw, his two daughters and Valerie Jarrett is literally his closest advisor. There are women around him who have enormous access to him. What about Christina Romer who was an important voice in the economy, she was literally shut down and the president chose to listen instead to larry summers. Thats not nothing. I think a lot of women they have tried to bring their concerns to the floor. Stuart should there be more women in that picture which we showed because they are women . No. Because theyre running important things. Why isnt Hillary Clinton in that picture . Stuart it was a staff meeting. That picture was an anomaly probably. Could be, but Valerie Jarrett could have been in the picture. Maybe that picture was taken to throw you off the scent that Valerie Jarrett is actually running the country, which she is, by the way. Stuart i love that hand gesture, which she is. Now this, hold on, the Richest Woman of the world of australia, tells people to start drinking, smoking and work harder. Thats what she says. Thats the advice to people. But the l. A. Times blasts her for saying that. Ive got a take on this. And its next. Tells people to stop drinking, stop smoking and work harder. The l. A. Times blasts her on that. Ive got a take on this next. What . Customers didnt like it. So why do banks do it . Hello . Hello . if your bank doesnt let you talk to a real person 24 7, you need an ally. Hello . Ally bank. Your money needs an ally. I tell you what, it is easy to do a cut and replace on microsoft word from hawaii. But lets take this seriously, okay . Were looking at an administration thats just been reelected and the central core issue here is getting americans back to work and how do you create more jobs. You need at least 300 to 350,000 more jobs per month created. Stuart all right. That was former Labor Department official on the jobs report. Came up in our last hour. He was responding to the white house statement which was virtually unchanged. It was verbatim from the previous months statement. Except for just a couple of words here and there. All they did was change the date. Okay. Time for a market check. Still going nowhere this friday morning despite the jobs report. 19 points up for the dow. But we have the restaurant chain sonic which i my daughters know it quite well. It is a loser and i want to know why, nicole. Nicole your daughters know it quite well. I have to say, i have never been to the drivein restaurant chain sonic. It is one of the smaller Cap Companies we follow, it is under a billion dollars. But today the stock is down 4 1 2 . Revenue from the drivein is down over 3 . While traffic and sales have been decent, you do have some analysts coming out now over at bernstein and talking about the fact that the outlook not looking too great for them. So thats something im sorry, bernstein at barclays was talking about the outlook and saying the comparisons look tough going forward. Stuart all right. Sonic 10 bucks a share, down 4 . Thank you very much nicole. Republicans have a problem, no matter what they do, theyre labelled the enemy, the party of no. The g. O. P. Needs an image makeover, doesnt it . What exactly should it do . We ask a branding expert. That will be coming up in a few minutes. The worlds Richest Woman is australian Gina Rinehart is worth 30 billion dollars. Her family made the money in mining. She says the poor should not be jealous. They should work more. Heres my take the Los Angeles Times brings us this story and they offer withering criticism of ms. Rinehart. They do not like her and they detest her opinions. So first, lets see exactly what she said. Im quoting directly, if you are jealous of those with more money, dont just sit there and complain. Spend less time drinking and smoking or socializing and more time working. The l. A. Times dismisses that. And why are people poor, ask ms. Rinehart . Because of socialists and antibusiness policies. Predictably the times goes ballistic on that one. However, does she have a point . I think she does. Is there any doubt that poverty in america is often the result of degrading personal behavior . Is it not obvious that single parenthood is a passport to poverty . That getting drunk or stoned does not enhance job performance. And since when has socialism delivered prosperity . Anyone who defends work responsibility and thrift is immediately a condescending snob in our society. Has the left called out the super rich people who have tried to avoid higher taxes they insist other people pay . Certainly not. When a rich woman offers a candid opinion, she is toast. I would urge the strivers of this world to ignore the establishment media and take good advice from people who know what they are talking about. Can your hearing aid do this . Lyric can. Lyric can. Lyric can. Lyric by phonak is the worlds only 24 7, 100 invisible hearing device. Its tiny. But lyrics not just abobout wht you cant see. Its about what it can do. 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Gerri willis and monica, i said i agree with the australian Gina Reinhardt that the portion complain, they should work. You want to disagree . Everyone in the control room has been in might years and i am wrong. Gerri you are totally right. You have to work. [talking over each other] i am from a very pour part of the country, Western North carolina. People are often on the goals through no fault of their own, people to change that, people who go to work, people is that companies are wealthy and prosperous and very happy. Stuart the people in the control room are not disputing that i am right but the source which is Gino Reinhardt who inherited much of her money and they say that makes for a hypocrite. A lot of people who inherit a lot of money squandered their inheritance, an end of not working, they become loath because they dont have to work. She brings extra credibility to this argument because he inherited a fortune but didnt sit on her bum, she went out and build the business and expanded it and does go to work every single day. Work brings dignity to human brains and meaning to human beings. What i find particularly criminal about socialist policies is it this incentivizes hard work, disincentive baezs achievement and reward and incentivizes you to sit on your bum. She is saying no, i u. N. Human dignity got and work. Stuart thank you so much. What a welcome addition you ought to this program. Take back control. The Republican Party looking for a makeover. According to politico during the fiscal cliff fight some house gop lawmakers suggested each member kick in 5,000 to hire a big madison avenue to craft a Better Communications strategy. John boehner shot down the idea but the question we want is can you rehabilitate the republican image and it you can, how would you do it . Lets bring in a branding strategist on this program. Welcome back. Can you rehabilitate the image of the republicans at this moment . Brand can be rehabilitated. Stuart it is not a total of health struggle. You say it is possible. It is possible but it is a big uphill struggle. If we look at 30 years ago 30 years ago the Republican Party had a clear brand, three 4 pillars, strong on defense, lower taxes and an iconic leader who could say when the country for the betterment of the country you had to balance a strong ideological sense with commonsense investing in the American People. Stuart that was 30 years ago. Today fiscal restraint, can claim that, earmarks, deficits. Consensus on Foreign Policy . Can claim that. Lower taxes . Not as of last tuesday. Iconic leader . Arguably the only iconic leader the Republican Party has right now is chris christie, arguably and he is calling the party out for what they have, brand position has become which is one of obstruction, one of we cant let the other guys have a win. Ideology be damned, the good or what is best for the American People be damned as well so the challenge is for the party and the disparate parts of a party to come together and say what do we stand for . Reestablish what the Core Principles are and then do what every brand needs to do, credibly communicate why we are different, how we are different, why that is important, and why you should care and why you should choose this direction. Stuart when you were saying in the commercial break wait a second, this is the party, the Republican Party has ruled on taxes as you just pointed alice, they are about to roll on emigration and then control. And spending. But what Core Principles can they retreat to and say this is us . What have they got . What they need to do is look inside first. This is why i think it is good they didnt hire a Communications Firm with a Communications Firm doesnt have anything to communicate we can all look at advertising. We look at advertising together that didnt actually communicate much in terms of quote principal, just we have to run ads in the public eye. The challenge they face is how to relate to voters on things they care about. How will we get our message. Stuart they hire you, 1 million, bayless out. First thing you do is what . Who are we designing for . What are the Core Principles . Stuart they dont know what the Core Principles are. Gerri everyone is intended to get together like herding cats. Everyone has a different view what the party is . How can you bring that together . Corporations, i spend my time in the business realm, political realm, lets look at making the analogy between made the analogy to hp, i was on your program when the new c e o was announced, the execution problem, you have a strategy problem and the strategy problem is you need to define why this disparate parts of h p come together to create something meaningful and stuart when is it possible with the Republican Party . Gerri generally true that when you reel militate of brand the brand has already hit rock bottom. The candy bar companies have spoken already so they have no choice. They are bankrupt and have to do something so republicans keep losing. They lost control of the house in 2006 and lost the white house in 2008 and what the white house again, they keep losing, they keep breaking and yet they dont get to that point where they say we are broken and we have to take a step back, they keep going along. Meet the new gop leadership, the same as the old gop leadership. What does it take for a Political Party even when they are broken to get to the point you are talking about . Unfortunately what they have done is in absence of the ability to firmly established this is what we stand for today versus what we stood for 30 years ago and this is our compelling vision around how that is going to positively affect the nation stuart may i suggest one thing . The republicans are become the party of growth. What is wrong with that . Growth leading to prosperity. Gerri economic freedom. Stuart growth and prosperity. That is the party, that would be winning. What do you think . I definitely think that is a direction that would play and have a core audience that could rally behind it. Stuart i will take money. I will take the money. Thank you very much. Appreciate it. Microsoft was hoping for a big holiday with the release of its new windows 8 sales, joining us now with more on what is wrong with microsoft is roger k. Of en Point Technology associates. We were discussing, you may have heard this, the gop, the Republican Party really at rock bottom. Can you apply that to microsoft and say they too are at rock bottom and going nowhere. Can you say that . I dont think theres rock bottom. They have a viable business and are making money, billions of dollars of profit. It is not really bottom bottom, but their heading in a bad direction. They used to lead the industry and basically are losing fight after fight against Companies Like apple and google. Stuart full disclosure i own stock in microsoft so i have got a dog in this hunt but you spelled out in an article various areas where microsoft is just not playing the same game as everybody else. Mobility, mobile computing, how badly off are we . I dont know if you want to hold that position, but in terms of mobility, high mobility is a category that now contains smart phones and tablets and ideally any device you can carry with you all day long and never have to plug in and is a full computer. In that category microsoft has done badly. Windows phone 8 is the new operating system for phones and that has been used by nokia to make the luminesce that started to be discounted which means they are not selling that well and on the other side of it you have windows 8 which is the new o s for regular pcs that specialize in tablets which is the device that apple has done so well with and google is beginning to do well with. What you are seeing is not many sales of those either, windows is split. Stuart they say it is just a start, expected to break into the top of the market from the word go. It is a start. Not only a good start but too far behind and cant catch up. Something like that. Remember the start of the iphone. People were overwhelmed by our incredible was. There were lines going everywhere. This was kick the tires, see how it feels, not really buy anything like that. People are not embracing the new platform. Of course people over time accept the new software but not a provision beginning. Stuart last one, Steve Ballmer should resign . He has been married decade, the stock has gone sideways as you know. They have had a lot of departures of key top executives under him, basically almost no one left from the original team. He has not been an inspiring leader as far as i can tell. If you look at the composition of the board there is no one but bill gates, the chairman who can step in and say it is time to bring someone else in and i hope he does that. Stuart when we started this interview microsoft was 27 a share. As of right now ridge just dropped below 27 per share, it is down 0. 16 and i hold you responsible. Thank you very much indeed, you can come back any time. Newspaper publishedes names and addresses of handgun owners in suburban new york counties. Those gun owners were outraged. Now the same newspaper request a list of gun owners in another county in new york. The county denied the request. Next, we get the judges reaction to this. Judge napolitano we have gotten 327 phone calls. Not one in support of the Newspaper Printing this information. I can tell you people who call me are very emotional, very that we made this stand. Is good for the people of suffolk county. Stuart business brief, december jobs numbers released this morning in the real Unemployment Rate unchanged, 14. 4 . That number includes people who are underemployed and those who stopped looking for work. At 155,000 jobs, not good, this is a hectic job growth rate, it is the normal. Take a look at the big board. Not much reaction. We are down 11 points. Trans ocean agreed to pay 1. 4 billion for the Gulf Oil Spill in the gulf of mexico. That was 2010. The company admitted the crew of the deepwater horizon was partly responsible. Stock price is up this morning. They expect a bigger settlement. More fallout from the newspaper that published names and addresses of registered gun owners in two new york counties. And neighboring county club says he will not pop up the information. The judge on that in a moment. [ male announcer ] where do you turn for legal matters . Maybe you want to incorporate a business. Orrotect your mily with a will or living trust. And youd like the help of an attorney. At legalzoom a legal plan attorney is available in most states with every personalized document to answer questions. Get started at legalzoom. Com today. And now youre protected. Stuart in two new york counties, a newspaper, the journal news obtained and published addresses auld gun owners, people were not happy. One clerk in a nearby Putnam County in new york is refusing to go along. He says he will not release the names and addresses of gun owners in his county saying it would, quote, put the public in danger. Here is returning for his second performance judge andrew napolitano. I dont agree with this, i am not giving out, i have the records and i am not giving them out. I put it to you he could be compelled to release them if somebody files suit and says that is Public Information and we wanted. Judge napolitano he could be compelled to release them because theres a statute in new york state that specifically makes this information public. In my view the statute is unconstitutional and was written in an era when public revelation of this would not have likely brought about harm to the people who got these gun permits. In my world just like there would be no fema there would be no gun permits. Would not need a propitious permission slip from the government to defend yourself. Stuart when you allow anybody to buy any denis judge napolitano yes. [talking over each other] judge napolitano the only way to stop this violence is lawful use of guns. We are not children or people that are not mentally sound but i would not give the government discretion to say yes to my neighbor and no to me. Stuart what about the size of the gun . Can they have a bazooka . Judge napolitano the reason we won against george iii as we had weapons equal to the king. Stuart ask this question seriously judge napolitano once you to have a right to buy a bazooka. [talking over each other] stuart you can argue that. Judge napolitano who is sovereign . The government or individuals . Stuart watch and the government put restrictions in the name of safety on people loading tanks, bazookas judge napolitano the constitution implicates freedom. That is why we have the Second Amendment which prohibits the government from putting restrictions on. Nevertheless in new york as in every state gun permits are required. Question. Just because they give the information to the government like information about myself does that information become public . Answer no. I give the government my irs returns. Those returns the government is required to keep secret. It can only reveal them if a judge orders them to do so. Gun permits ought to be in the same category but they are not. In new york they are not. In other states they are. Why should they be in the same category . The right to keep and bear arms in america is a fundamental right. The governments restrictions on it should be minimal. I know that everybody in the world is going to know that i own a gun that will chill my rights, give me second thoughts before telling the government truthfully that i own a gun. That will cause people to acquire guns illegally so the government doesnt know. Stuart i am with you. Judge napolitano criminals are not dopes. They know what houses to avoid. Avoid the houses with guns. Stuart would you say you can have any gun you like . Do you buy that . Judge napolitano trying to put in a caller judge napolitano at which they have won that work. Stuart i believe you went around shaking hands with trees. Sandra i understand where the judge is coming from the society has changed but i understand the constitutional argument that because it is the Second Amendment right, restrictions placed on the ownership or acquisition of guns by the government should be limited. We do have waiting periods, background checks and things to try to do the best we can to make sure those guns dont end up in the hands of madmen and so on. Is the system perfect . Of course not but what were looking at because we have seen so many gun rampages is the federal government now coming after the very essence of the Second Amendment rights and protections which is coming after lawabiding citizens and their rights judge napolitano he predicted with your prior cast the republicans would cave on guncontrol. If they do they will be swept from office, swept from office. This is a core belief. Patriots, libertarians, small Government People right to keep and bear arms. Stuart when you dont think society can shift its opinion in light of major events which affect judge napolitano when it comes to fundamental liberties absolutely not. The worst environment in which to talk about fundamental freedom when people are hurting that someone elses abuse. Stuart can you win an election if you put guns into more peoples hands . Judge napolitano in certain parts of the United States yes. Stuart not the Electoral College vote. Judge napolitano why do we send republicans to congress . To cave and become like democrats or to vindicate the values we believe in . Sandra and stand for the constitution. The Second Amendment, the judge and speak to this, the Second Amendment was put there less about a persons ability to protect their lives and property, more about protecting themselves from the government. Stuart the argument between the judge and i is always the same, the argument between political reality which i think i represent and the pure principle of the constitution which you represent. That is the clash between us. Judge napolitano well said. [talking over each other] stuart thank you very much indeed. Have a great weekend. Say what you want about joe biden but he is a seasoned politician even when he goes off script. We give you this, his latest gaffe actually, in a moment. Stuart quick update, fox news reporting police chief in belleville, ill. Has lifted a ban on his officers going to the local dannys. Manager at that disneys asked some detectives to leave if they didnt put their guns on their cars. Despite an apology from a Corporate Office the police chief and his officers from going back, that ban has enlisted, shortlived the. Take a look at this video. Joe biden wants to do what most politicians are good at doing, big politicians. Joe biden greeting family members at the swearing in of the senates, doing very good with little children, mussing his hair, and that is good politics. This is why joe biden is so well liked, he very personable and very warm and has politicians, kissing babies but authentic about it. Stuart he is good about it. Hold on, everybody, one brief shining moment. Joe biden is joe biden and he then went on to actually Say Something else. Watch this. Going to be frisked. If you say that to somebody in north dakota they saw think it is the first. Un in trouble. Stuart when youre going to be frisked, inappropriate, itll jarring. Really dodged a bullet with sarah palin not being Vice President. Stuart very funny, sarcasm. He was referring to a man or senators, wasnt he . Yes. He might be frisked my point about sarah palin is a real one. If a republican Vice President , dan quayle had made this kind of comment it would be a National Story for five days. Stuart the administration was silent. Gerri why isnt anybody surprised . He does this over and over again. We like it. Stuart we are 90 minutes into the trading session, Something Like that and dead flat despite a jobs report, despite maybe the fed will stop printing so much money, we have a one point gain for the Dow Jones Industrials as we head into a weekend. We will bring you the highlight reel next. Tdd 103452550 when im trading, im so into it, tdd 18003452550 hours can go by before i realize tdd 18003452550 that i havent even oked away from my screen. 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Tdd 18003452550 call 18006530240 tdd 18003452550 and a trading specialist tdd 18003452550 will help you get started today. Stuart national, the friday morning highlight reel. There are no women in the picture. I think that politics in america has been feminized. It is a 19 difference. There are women around him who have enormous assets. No matter what you think as heal

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