Hippy in alabama, when you drink the pan romma she never knew that there was anything more imus in the morning did we just see election 2016 . Ann did rubio win . Good morning, everyone. There were two Campaign Speeches last night. President obama, senator rubio two divisions of america, redistribution or growth. Two economic policies, the government, Free Enterprise. Here is how it stacked up. The president wants more government. He wants more Government Spending. On the list, universal preschool, 50 billion dollars worth of road and bridge building, a Green Energy Security trust fund. He said we could grow through Government Action and it will not raise the deficit one dime senator rubio responded with the exact opposite. Free enterprise would result in prosperity for everyone and the senator, addressing president , i dont oppose your plan because i want to protect the rich. I oppose your plan because i want to protect my neighbors. Election 2016 began last night. Varney company is about to begin and i tell you now stocks could hit a record high very could hit a record high very soon. Today is gonna be an important day for us. You ready . We wanna be our brothers keeper. Whats number two we wanna do . Bring it up to 90 decatherms. How bout ya, joe . Lets go ahead and bring it online. Attention on sit now starting unit nine. Some of the worlds cleanest gas turbines are now powering some of americas biggest cities. Siemens. Answers. But that doesnt mean i dont want to make money. Stor. I love making money. I try to be smart with my investments. I also try to keep my costs down. Whats your plan . Ishares. Low cost and tax efficient. Find out why nine t of ten 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. All right. Everybody how is this for a slowing economy. You are not spending money. January retail sales up pairly,. 1 . Your taxes went up so apparently you were spending less. And direct result of the payroll tax increase we saw in january. Much more on this coming up in the show. Theres good news, the dow getting very close to an alltime record. Close to a five year high yesterday and were about 1 from that record. Well be keeping a close watch on that throughout the days program and from the opening bell in a couple of minutes. Ive got another Economic Indicator for you, a Budget Surplus . Yeah, surplus in january . About 3 billion dollars . Good news, right . Well not if you consider that the only reason that we saw a surplus is because taxes went up on everybody, but youd never know from watching tv the Mainstream Media still calling it good news. President obama, well, he took an hour to deliver his state of the Union Address, it could have been much shorter if not for all of the Standing Ovations and may have missed what i call the oddball occurrences last night. Weve got them for you. How many standing os, too much is the answer. Well give you the later. As megyn kelly star of the Fox News Channel well talk to us about marco rubios speech, and do not be distracted by the sip of water. And the president s favorite words, investments. To work to pass a budget that replac replaces its not a bigger government that we need, but a smarter government that sets priorities and invests in broadbased growth. We want to make the best products, we also have to invest in the best ideas, now is not time to gut the science and innovation, no area holds more promise than the investment in american energy. Whats next . Hes going to apply testosterone to his underarm. 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Common side effects include skin redness or irritation where applied, increased red blood cell count, headache, diarrhea, vomiting, and increase in psa. See your doctor, and for a 30day free trial, go to axiron. Com. All your imptant legal matters in just minutes. Protect youramily. And launch your dreams. At legalzoom. Com we put the law on your side. Right from the getgo i am joined by a first, by scott page, a ceo that runs a business. Scott, i want your take on the 9 minimum waning proposal by the president. I think its a great idea. Stuart youre going to hire more people when the cost of labor goes up. We have to look at the Bigger Picture here, stuart, one of the things i believe what the president said in entitlement reform if we want more people off of welfare and entitlements we have to pay them more. Look at the National Poverty level. Someone who has a child is going to be in poverty, more money into the economy and Business Owners i think its responsible to take care of your employees. Stuart we hear you. Whats happening on wall street. The bell is off and running and i think we started out 150 away from the alltime high and were still 150 away. A slight drop for the dow just down two points as of now. And now i want to bring to chicago and bring in scoot. Everybodys taxes went up. Retail sales neglible up only. 1 . What does that tell you. Its not state, its the fate, and chiseled in stone, thats not good. We still have an 8 Unemployment Rate and 2 growth. This is just not working so you can paint a picture that things are getting a little bit rosier, pull that car over and take a look under the bohnet and that engine does not look good and were still in trouble. Stuart now, youre an employer, the president wants to raise the minimum wage to 9 an hour and you say what . I say why doesnt the free market dictate what you have to pay your employee. If you want good people you have to pay them more. Something the employer should decide and not the government. I dont know why its an issue so long. If i want to pay somebody because theyre a good worker, ill reward them. If not, i wont. Thats common sense. New record highs for stock pretty soon, scott . You have to put your hands over your eyes and buy everything you see and thats what the government is telling to you do, thats what theyve been telling you qe whatever for ever. Ultimately well have a come to jesus and a correction here its not going to come soon and you dont want to miss out on shortterm returns. Stuart all right, scott in chicago, thanks very much indeed. Scott page, why dont you let the market set the wages, why not . I think this whole discussion about free market, less regulation, let everyone dictate how they run themselves is a mistake, and people and businesses need moderation wait a second you think its okay for the government to tell business you will pay that guy that amount of money. I think it is in this environment we need some change and people, again, if you had to look at the Bigger Picture which i think that everybody is looking at microscopic approaches to thing. We have an economy thats suffering, a deficit. An Entitlement Program thats in big trouble and getting people off of poverty you have to pay them more, no one is making 9, 18,000 a year, how do you expect people to live on 14,000 a year. Stuart dont expect them to live on that, thats what the minimum wage is for, for people fresh out of high school, getting their very, very first job. Not for guys in their 40s and 50s. And people coming out of high school dont have to worry about getting a first job because with obamacare and and havent got a job, they havent got a job because of this economic policy. Ive got to go. Nicole, we are on all time high watch for the dow. We open a bit lower and now were up a bit. Im going to graduate you because you talked and talked and talked until the dow is back in the green now. Okay . So well done, stuart varney. Lets take a look here. This is the back and forth action that weve seen this september. You can see since january, its all green at 14,020, so looking good and theres the s p 500, at 1622 so we really are testing the highs that we saw back in 2007. And now, we can say were up 2 points. Stuart yeah, we can say it it and we will. Thanks, nicole. Two big names you know theyre making news this morning, first off is intel. Plans to offer its own tv service to compete with traditional cable companies. You may, they offer live on demand programming. You get your own set top box from intel. Intel stock not much changed. Still a door stopper, 21 a share. Then we have microsoft, get this, it sold at 76 million xbox 360 console to date. Last year users spent 18 billion hours on the xbox. The stock still a door stopper 27 on microsoft which i own. All right. Groupon, thats higher this morning, theres a story behind that and im going to nicole at some point and well have that. Groupon is up 6 , i think that people are moving out of traditional social networking stocks. Am i right, groupon people moving out of the facebook and on to groupon. Seems that way, a nice move up 7 and a nice vote of confidence today with that call, that analyst call so a plus here for groupon. Stuart thanks, nicole. Lets get back to the state of the Union Address and bring in the rnc chairman. Welcome back, ive got to talk to you about mr. Rubio, senator rubio, gave the republican response last night im sure you liked it. Is senator rubio now your guy . Well, you know, hes my former law School Classmate so im a big fan of marco and you know, listen, ive got to have plenty of gals and guys on my list and i do. And i think that were a young party, i think that were a Diverse Party and sometimes we do a lousy job bragging about it, but if you look at our bench, i think you see the future of america behind the republican party, but we just have to do a better job talking about it and we have to be a big, broad coast to coast party and thats what we have to do. Stuart i put it to you that last night. Yeah. Stuart president obama won politically. What he was saying is politically attractive. Spend more money, maintain entitlements, keep the flow of goodies going. Thats politically popular. I think, you may contradict me if you wish, i think at the moment thats what this country wants politically, go. I dont know, stuart. I mean, here is what i think. I think on the issues of the economy, creating jobs, the debt, the spending, i mean, if you look back at november, certainly we lost. And for us that, that wasnt a good this is a terrible thing, but look at if you break it down, people actually on jobs and the economy, chose mitt romney over barack obama. But where people chose barack obama overwhelmingly was the question on hey, who do you like . And they chose barack obama. So we win on the math argument. But, stuart, were losing on the heart argument, who do you like. Stuart yes. Who do you want to have a beer with. I mean, these are the things that o tubing energy the biggest Power Company in the country. Half billion dollars in the last quarter. The stock is up just a little. Ge, most, a lot of people own a bit of it maybe without knowing it and comcast buying ges remaining stake in Nbc Universal and General Electric 23 and comcast straight up, by the way, and january retail sales out this morning, barely up. Two Retail Stocks for you, macys, its up 23 cents, thats it and then we have j. C. Penney and that stock is trading at 19. Its up slightly despite a minuscule gain overall in retail sales. Time is money, lets get on with it, shall we. The stories. First, a woman sues her alma mater after she got a cplus in a class, a grade that she says cost her a dream job. She went to school free because her father is on the faculty. Shes suing. Judge napolitano, i cant wait for this. 10 15 for the judge and another one for you. A proposal in maryland that would make any school work or a teacher, anything they do in school or at home property of the board of ed, what . My kids solar system project becomes their property . The judge will e back on that one as well. In michigan, an attorney in michigan offering a valentines day promotion, a free divorce for one lucky or unlucky person, depends how you look at this. Cant believe it. Check the dow, closing in on the alltime high. Were up 7 points and were what about 150 away from the record. As for oil, 97 per barrel. Weak retail sales last month hardly up at all. What does that tell us about obamas economy. A favored economist joins us next. announcer at scottrade, our clients trade and invest exactly how they want. With scottrades online banking, i get one view of my bank and brokerage accounts with one login. To easily move my money when i need to. Plus, when i call my local scottrade office, i can talk to someone who knows how i trade. Because i dont ade like everim with scottrade. Me. announcer scottrade. Awarded fivestars from smartmoney magazine. Otherworldly things. But there are some things ive never seen before. This ge jet engine can understand 5,000 data samples per second. Which is good for business. Because planes use less fuel, spend less time on the ground and more time in the air. Suddenly, faraway places dont seem so. Far away. We all work remotely so this is a big deal, our first full Team Gathering i wanted to call on a few people. Ashley, ashley marshall. Here. Since were often all on the move, ashley suggested we use fedex office to hold packages for us. Great job. [ applause ] thank you. And on a protocol note, id like to talk to tim hill about his tendency to use all caps in emails. [ shouting ] oh im sorry guys. Ah sometimes the caps lock gets stuck on my keyboard. Hey do you wanna get a drink later . [ male announcer ] hold packages at any fedex office location. All right. You see that. Im he not sure you can read it. 1401 points away from the all time high. Thats it. Now the payroll tax increases is clearly having an impact on consumers. January retail sales up 0. 1 . Michelle girard, senior economist at rc Greenwich Capital is here now, a favorite economist of ours. Michelle, i say this economy is just way subpar, bumping along a bottom, absolutely not good enough. Whats your take . Yes, well, thats absolutely true, stuart. You know, it looked very weak in the fourth quarter, but the underlying data actually were better. We had better Consumer Spending and business spending and that decline of 1 10 of a percent indicated, but lets face it, were excited that Consumer Spending is growing 2. 2 . And its going to be weaker in the first quarter. I mean, these are levels that are very subpar, well below the historical norms if you would suggest and youre right, even though we economists keep telling everybody, were growing, were growing, things are Getting Better and if someone doesnt feel a whole lot better as people want to suggest. Im sure you listened to last nights state of the union speech. To my mind the president was calling for more revenue, tax increase coming from the private sector, coupled with much more Government Spending. Did you think that that program, more Government Spending, more taxes, do you think that gets us to 3, 4, 5 growth or what does it do to the economy . No, i certainly dont think thats a prescription for more growth. I also think its a nonstarter. What we see here is the president sticking, obviously, to his views on how we should approach, you know, more Government Spending, more stimulus, more programs to help move the economy along, but the republicans of course, are adamant. They gave in on taxes and theyre not going to give in anymore and thats why i do think as we look ahead to some of the budget issues that were facing are they do pose some risk for the economy, that the cuts in particular that take us back since march 1st, we are going to, i think, look at a situation where the economy is going to continue to kind of struggle, just under the uncertainty of whats going on in washington. Okay. I just want it bring in my colleague scott page for one second. Holds on a second. You dont think youre going to get growth with Government Spending and taxes, ten seconds, make your case. What you played on exactly is the uncertainty. We were running up against the fiscal cliff and no, scott, the question is if you raise Government Spending and taxes do you get growth. I think that the private industry do you get growth . Do you get growth . By raising taxes and raising revenue and we need to tax more Oil Companies. Any company that has jobs off seas need to be overtaxed and Oil Companies need to be overtaxed. Stuart im not asking you what you think we should do. Does that give us growth. Raising taxes does not have growth. Stuart thank you. And i won a philosophical. Whats a fair share, if you make a Million Dollars a year, whats a fair share for the government to take on every extra dollar you make. How do you begin to answer that. Oh, i could. Obviously, the upgrade converters pay, by far the greatest percentage of the tax revenues that come in and you know, to the extent that a lot of those upper income earners we say, the wealthy guys, Small Businesses as everybody talks about that creates jobs, this is where the risk is for the economy. I mean shall the president last night talks about raising the minimum wage which i dont think is going to happen, but again, we are just continuing to burden small companies, health care mandates and talking about raising the minimum wage and the obviously, tax rates on that upper bracket. I mean, this is, i think, a real problem here and i think it explains to a large extent why we just cant get momentum not about the overall economy, but particularly on the job front. Stuart michelle gerard, no wonder youre one of our favorites. Stuart thank you, well see you soon. Thanks a lot indeed. One last question, i know youre in the top 1 , i know you are. Youre happy to may more than half of your income in taxes . You, you. Are you happy . Personally of course not. Stuart thank you, thank you very much indeeds. I believe its in the greater good. The gold report, here it is. Get me out of this, please. The price of gold this morning is 1627, virtually unchanged. What im calling the oddball moments from the state of the Union Address, how many Standing Ovations were there . We have the number for you, its big. And plus, that drink of water. Remember that on the rubio side. Did anybody notice joe bidens glasses, oddball instances, all of them after this. [applause]. Thank you. We can get that done. [ male announcer ] lets say you pay your guy around 2 to manage your money. Thats not much, you think. Except its 2 every yea. Go to etrade and find out how much our advice and guidance costs. Spoiler alert its low. Its guidance on your terms, not ours. Etrade. Less for us. More for you. You oh, oddball stuff at the speech last night and marco rubio grabbing for a drink of water. Not the drink of water, but what do you think of the response to the president. I think this is all that was weak, wasnt a response, it was a campaign speech. He was addressing private end prize as opposed to the failure of government. You dont think thats good enough. If hes going to stress private enterprise the correct private e enterprise and he has to express which one hes going after. Standing ovations, last night when the president was up, down they got. Up they got, down they got. How many standing os do you think the president was interrupted by last night. Too many. Stuart how many, what do you think. 17. Stuart no, wildly wrong. It was 30, 30 times for heavens sake, almost unwatchable. Joe biden literally wearing rosecolored glasses i think we can see them, yes, look at those, rosecolored glasses. Do you have anything to say about joe biden and rosecolored glasses. I think the media spent too much time with the drink of water and rosecolored glasses. He had scratched his eye and were turning it to the facade hes looking through rosecolored classes. Youre in the death business and buy peoples Life Insurance policy before they die, and this is with the program we have people coming to us and selling policies because of the tax. Stuart i give you a commercial, scott, all you need. Thanks, scott. And environmentalists attack any plan to frack they say its bad for the environment and that the fracking fluid would pollute the water. Dont tell that to the governor of colorado. He said he drank the fluid that comes from fracking. Thats next. Given way to sle. Where sleepless nights yield to restful sleep. And lunesta® eszopiclone can help you get there. Like it has for so many people before. When taking lunesta, dont drive or operate machinery until you feel fully awake. 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All in one place. Im Meredith Stoddard and i helped create the fidelity guided portfolio summary. Its one more innovative reason serious investors are choosing fidelity. Now get 200 free trades when you open an account. Stuart good morning, everyone. Would you drink a glass of fracking water . The governor of colorado did just that. Let me explain. You can extract oil and gas from rocks deep underground with fracking technology. He fractured the rocks and release the energy. Environmentalists suppose oppose fracking because this it pollutes ground water. Not so says the governor of colorado. He and his friends drink water straight from of fracking well and have done it before. He told a Senate Committee yesterday, theyre all doing just fine. The governor wants a free hand to get the gas that is under his states turf which brings us to last nights state of the Union Address. Not a word about fracking, not a word of encouragement from the government. A lot more on this as varney co. Rolls on. Welcome to a new hour of varney co. The dow industrial average right now is down just a fraction. We are on our record watch. We are just about 150 points, one written 45 points away from the record all time high that was set back in of seven. Here is our company to discuss all of this. On the floor of the new york stock exchange. Charles, are we going to see a record high soon . Reporter within the next three weeks or soon. Within two weeks. Absolutely. Stuart that it . Reporter thats it. Stuart why . Reporter all of this kind of news that we always thought would be a catalyst would be behind us and the market would be on the socalled animal spirits, in fact, the lack of news will actually be the catalyst. So ironic we have been hoping for news weather was the jobs report retail sales are were never. All has fallen flat. The thing that is when the market pops. Stuart you agree with that. Absolutely. These markets are stimulated by the federal reserve. Low interestrate environment, many printing. Stuart a want to break away for a second and go back to nicole. Starting to make a move. Reporter and we are seeing now that the analysts are jumping on board. You can see, the stock is up almost 6 at this point. Ec analysts saying that there will be one of those names calling in a buy today. And very well lately. Stuart there you have it. You told us yesterday that we could make money on pike energy. What a way to start your making money with charles because you were dead right. Reporter up like 7 percent. It was a downgrade based on price. Dont even lori. I still think he buying it. Some people probably traded 300 percent more than its average daily volume. Stuart dare i say you move the market . Reporter dont say that. [laughter] stuart it to more stocks later in the program. Reporter highrisk played in the longterm retirement like. Stuart the gas price spike is still with the Spirit National average for a gallon of regular moved up again overnight 3. 61 a surprise right now. That means gas, regular, has gained 0. 30 in the last month. That is bike. Move on to california for a second. A lot more out there. A gallon of regular averages 4. 7, up 0. 45 in a month. Is it going to keep on going up . Reporter the same thing with the stock market. Keep going up because it is artificially propped up by the federal reserve, public money, low interest rates. The oil market is following the stock market. If you put the two up against each other their tracking each other. As long as the stock market keeps going up, the fed to stimulate market, oil prices and gas prices at the pump are going to keep going higher. Stuart we told you that the colorado governor drink a glass of fracking water to prove that there is nothing wrong with it. If the governor is right then california could be sitting on a real gold mine that would really help california get out of a lot of its debt. Researchers say that the formerly golden state could collect 1 4 trillion dollars at the very least of the next two decades if the state were just tap into the Natural Resources under its territory. Mike, mike reagan, the voice of reason from california. I want you to tell us, give me odds. Or the odds that jerry brown will do a uturn and say, yes, get out there in iraq. Lets get that money. He will not be doing that because we have the state Senate Working in a way to bring less water to the Central Valley of california. They can put in their bullet train to nowhere. Thats whats going. Stuart this time you have to be wrong. Youre the voice of reason, at this time you have to be wrong. How can a state that is flat broke and has been run down into oblivion for 30 years, how can they turn up its nose at 250 billion in revenue without spending a dime of the states money. How can they turn this town . Because of all of the green laws that have been put in effect family by the federal government but also the state of california, a b32, all the things that happen during the schwarzenegger years of running the state. Has become that green state. That is why those things are not, in fact, going to happen. Anyone in that business is moving to texas and getting out of the state of california. Whats going to happen . Someone the other night to is a lawyer for dwp and said the cost of energy in california is going to triple in the next 510 years. Right now it is too high, chasing the working base in the state of california being chased of the state to every place else but california. Stuart youre killing me. Youre just telling me. Are killing me. I was born and raised here, and im looking at this, and it is just outrageous what is happening in this city california right now. Twothirds majority in the state house. The state assembly in the state house, and these people have, you might say, liberals gone wild, Great Television series. Stuart a good idea. I want you to comment on obama, president obama versus and arubia last night. Im sure you saw them both. What is your judgment . I wish the president would have taken a glass of water and gone home. The reality of it is you have progressive speech by the president of the United States and the other side of the coin, very reagan asked type of speech out of marco rubio. The problem is, his side, our side, not running the country being run by the president. What to the president s a . Do it my way or i have an executive order right behind it, and im going to take care of this issue of law myself. I dont in the congress of the United States. There was nothing in that speech to talk to that young girl who works as starbucks and makes 13, 14 an hour who is now taking home 200 less a month in pay because of the fiscal cliff legislation that, in fact, put back the fica tax, and she is wondering how shes going to make ends meet. What has happened is the middleclass is being devastated by this government for not being uplifted. Stuart i will say this in thing to you that i said earlier on the show. The rnc chairman. The president last night articulated a very Strong Political mind. He said things which will be politically a pop politically popular. He agreed with me. In many ways the president , if it was a contest last that the president won. What do you say . Well, the president normally wins because he is the president of the ad states. Most people watch the president s speech, and the only people who watch the marco rubio speech are people like myself for people on the side of the equation. Most people just wants the president and then it turned out and go have dinner or whenever they will do, so the president does win on that side. Where are side wins, the conservative side wins is when the fiscal cliff happens in the world changes and people are really more out of work and they are today. We come in to try to, in fact, save the day. Republicans need to be an offense that of the issue, not the back side of the issue. Its good to be in the front side of the immigration issue instead of the backside. Stuart next time you are on we will be i want you to promise me something, promise the youre going to deliver to the good news from california. Can you do that . Boy, oh, boy. I will work on that immediately, as soon as i leave here now. I will start working on it. Stuart im going to bring in the cold. At buffalo wildlings. Reporter us talk about what is hot and what is not. The stock is down about 5 . However, their samestore sales are on the rise. The company is coming and saying, we are energized and determined to achieve net earnings reported 3 for 2013. They sound positive and talk about opening new franchises. At the same time you have one very bullish saying the outlook is even a conservative. On the other hand oppenheimer is saying these taken prices need to come down. It is a real push and pull on this one. Stuart that nothing that many people own buffalo while the wings stock, but i think a lot of people traded. A lot of a trader interest in that molotov rest rostock. I am calling the response to the state of the Union Message very effective. I think he won the headhad matchup with president obama last night. Does make and kelly agreed . We will ask a right here on the program attend 45 00 a. M. Does she think of that famous drink of water is a big deal . We will ask. Right now, im going said rich edson on capitol hill. Now, president obama cmon going to say he is the campaign trail today. Where a ceiling, what is he going to say, and to whom is he speaking. Reporter asheville, North Carolina to make heavyduty engine driveline components to mature the factory, give a speech, workers there, and this is the administration highlighting of the president s manufacture proposals. This issa place that manufacturing facility, the white house says brought back manufacturing jobs, increased manufacturing jobs, part of the billion dollar effort that the white house is pushing to create these initiatives are Community Colleges partner with the department of defense, energy, and private businesses to train workers to manufacturers. Part of a six week bush and the economy stemming from the proposals the president outlined last that the state of the union stuart i am calling it a Six Week Campaign pledge. And not allowed to go and offer an opinion, but in my riding and my right. I have rarely heard of you being wrong. Stuart he does standup comedy, and hes very funny. You still do . I have an appearance on the 28 on the sequestration. Stuart will see you later. I think senator review came out on top last night. The more effective message, and i was more receptive to the message and the president. That plays a big role, but i thought he was so sincere about the way you spoke and what were beginning to see now is that the gop has learned to speak in plain language and to connect the dots with their philosophies and regular people. That kind of stuff is when you connect with people the on the other things that there were using in the past. Stuart let me play a sound bite. The tax increases and that deficit spending you propose will hurt middleclass families. It will cost them their raises, cost and their benefits and may even cost them their jobs. It will hurt seniors because it does nothing to save medicare and social security. Mr. President , i dont oppose your plan because i want to protect rich. I oppose a plan because i want to protect my neighbors. Stuart that was an effective line. I want to protect my neighbors. Still lives in a workingclass average he was born and raised in. His neighbors are not millionaires, not protecting millionaires. Stuart i recall that he also said that he had just finished paying off his hundred thousand dollars in college debt, College Loans just a couple of months ago which i think was really effective. Be real and talking to the american people. However, i do not think his presentation was effective because just as mike reagan said a lot of folks turned off. I believe he needed to make his message shorter. Command of the gate saying that the president to spent the past hour demonizing success. What defines as in this country, laid out a plan to avoid these automatic spending cuts on march march 1st. He laid out a plan for job growth and talked about raising the minimum wage. I will start off by saying i just walked through a small Business Owners said that if that happens i will have to lay off 510 workers if they raise the minimum wage. Its a job killer. Stuart that was good. I was glued to it last night. Stuart by the way, president obamas take for treasury secretary, facing the Senate Finance committee today. The hearings is getting a new way. The issue to watch for, here is an issue, had an account in the Cayman Islands. Is it okay for the president s treasury secretary nominee to have a Cayman Islands account . Remember, the left really went after mitt romney for having an overseas bank account. So when is it okay to have a bank account . Its okay to have one, we have the right to criticize them if he does. Stuart a student at Lehigh University is suing the school because the teacher gave her a bad grade. Another example of lawyers involved in things they should not be involved in, running the country. A former lawyer, judge napolitano is here. What is he going to say . Ins. I didnt see them coming. I have obligations. Cute obligations, but obligations. 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 investment objectives, risks, charges and expenses. Read and consider it carefully before investing. Risk includes possible loss of principal. All your imptant legal matters in just minutes. Protect youramily. And launch your dreams. At legalzoom. Com we put the law oyour side. Stuart okay. The rest but many more than 16 billion. Control of the company. Shares of gm up just a little. Apple lowered the price of its 13inch black book pro with the red none display, up the speed four months after was introduced the stock price of apple is back to 4. 68. Good news for microsoft. Windowsbased iphone spirit a 124 jump in phones sold. The shares flat. Not that flat. Were doing okay. The dow was close to an alltime high of getting very close to my keeping a close eye on it. We are about 150 points away. The judge next. This is 100,000. We asked total strangers to watch it for us. I appreciate it. Thill be right back. They didnt take a dime. How much in fees does your bank take to watch your money . If your bank takes more money than a stranger, how much in fees does your bank takeyou need an ally. Ney . Ally bank. Your money needs an ally. The. Stuart ive got news on detroit. The mayor will make a lastditch effort to avoid estate takeover. He makes his state of the city speech tonight. If the state does takeover this is the last chance to avoid it, a bankruptcy recommendation is very likely. It would be the biggest city ever tough call for bankruptcy in americas history. Youll believe this story. A woman and Lehigh University is suing the school for giving her a c plus class. She says that great coster her dream job. Now she wants theres more. Theres a kicker. Her father is a finance professor. The judge. A once practiced law before was on the bench. Stuart you people ever in the United States of america. Was not dismissed. If he did not get a good grade for whatever reason you just work harder. You dont sue the school and forced a professor to justify the grade. If that were the case that nobody would become a professor. These kids would have no grant school to attend. Especially when youre attending for free because your father is a finance professor. Allegations. I have not seen the complaint. The court did not publish the complaint. She apparently made allegations in the complaint that the professor had it infer because of ideological differences over gayrights. I suspect that is in what caused it to survive a motion to dismiss. Typically one of frivolous litigation is filed against anybody the lawyers for the defendant just throwing out. The complaint comes back with some hook on once the judge can hang his hat to keep the case alive. This is probably the unique part of that. Big picture, do we really want lawyers and judges deciding what students grades should be . To we really want professors to have to justify to a judge how the student was greeted . Absolutely not. Stuart of give you the big picture. The ludicrous lawsuit. Good observation. I do not know if it has at statute that would will enable the court. Some states, too. Our home state of new jersey. Ad notes pennsylvania does. I wish it did. This is not belong in the court system. Sometimes you make sense. Stuart a proposal by teachers or students, it would make that the property of the board of education. That is a grab, a property grab, isnt it . Estimate is. Right now there is a statute, a federal statute. I dont think it should be a federal statute, but its there. Protect the creations of students from seizure by boards of education and teachers. The festooned writes a piece of creative writing, a short novel, the school cannot claim that it is there, grab a copyright and selig. Belongs. Stuart with the federal rule trump maryland state rule . Absolutely. I suggest to you the lawyers have not adequately researched. No criticism personally, i dont know who they are, they will lose. Basic black letter law. When federal law interferes with local a state law the federal law supersedes. Stuart supposing the teacher has a really good lesson planned and is successful, the board of education says leon that lesson plan. Thats different. They cannot sell a lesson plan. There is a federal law that prohibits. Federal law that says if you create a project in your employment apply to the employer. It does not pertain to students but teachers. Stuart at think we are in agreement today. Thank you. Ill show you the fire. [laughter] stuart and not sure i can keep going. President obama likes to talk about energy independence, but not one mention of fracking last night. My take on that is next. My new hearing aids instantly changed my life i feel so much younger. My husband has his confidence back. And he can enjoy the laughter of our grandkids again. I can have fun with my friends again. Feeling isolated . Ready to reconnect . The aarp Hearing Care Program provided by hearusa can help. Call hearusa at. For a free hearing checkup. Plus, receive a free 50 dining card when you get your free hearing check up. Aarp members receive a 20 discount on breakthrough hearing aids. Call now, and youll even get a free 3year supply of hearing aid batteries with your hearing aid purchase a 100 value. The aarp Hearing Care Program provided by hearusa comes with a 100 satisfaction guarantee. Call hearusa at. And start loving life again, today. Stuart all right. 148 points away from the alltime record high for the del. Thought we might make run higher, but now were down a couple of points. A pretty flat day. Netflix up again and that big. What is going on . Reporter well, nuys call of j. P. Morgan this morning for netflix. Here at 183. They put a price target of two under and 5 for, over 20 to the upside potential for that one. An overweight rating, and this is a stock that has been running up over six months. Up nearly a hundred 90 . So it has certainly been beefing up what they offer to their subscribers, adding subscribers, expanding internationally. Stuart we dont usually showed charts, we are showing one now. Tells a story. Nothing has gone straight up. Lets move on to charles because he is going to a he has a segment right now about making money. The stock now this. Im going to tell you right now, an extraordinarily volatile stock and highly normal risk because the report after the close but theres a sense of urgency to at least nimble at it. If you were going to buy at thousand dollars worth of stock hour by 500 because one of the rivals reported tremendous numbers of stock zooming. Sort of rise in the coat tails, and this is a company, by the way, we talk about housing almost every single lake. They do well with renter still they do well with buyers. They have a professional segment. Earnings have been phenomenal. They have some inconsistent guidance. The stock got hammered. I thought it was oversold and has been coming out pretty nice. Stuart a realestate brokerage. They connect everyone. A so lets say youre real estate agent. It put a website of for you and all the other things. And also, if youre renting, looking to rent, he wants to know the value of your home, they put the whole world together. Stuart and you buy eight now on the expectation of a pop because of earnings. I would buy half of glen normally by. Stuart would you hold it . I think this is a stock that moves a doubledigit clip spirited said going to be up or down 10 , but i think it will be up. Stuart at least fox business this. Stuart certainly off to a great start. What is kelly state, far star of the Fox News Channel. The water incident at 1045 this morning. It is depressing to see america turned down i golden opportunity it is depressing to see in ignorance and fear stand in the way of prosperity. Here is my take on energy. Americas own energy, the energy we have under our own territory. Last night president obama had a lot to say about Funding Green Energy from the solar and wind. He wants a lot more remarriages spending comanche will take more money from Oil Companies to pay for it. He is ignoring a massive pot of gold, pot of cash, oil and naturalgas poland of the ground, our ground with a new technology called fracking. As we told you earlier, the governor of colorado yesterday told a Senate Committee that he and his friends had drank a glass of water from a fracking well. He is a democrat, and he wants to show that fracking is safe. The potential here is enormous. 15 billion barrels of oil in one california feel loan. Huge naturalgas reserves in new york state. The president seemed determined to ignore the jobs and tax revenue that is available. He never mentioned the technology for an gas. He never mentioned the pipeline. Think about it. President obama wants the government to create jobs. Once the government to spend more money to stimulate the economy. Surely sometimes he would be better for the government to get out of the way. Please, cant we go get what is ours . Can your hearing aid do this . Lyric can. Lyrican. Lyric can. Lyric by phonak is the worlds only 24 7, 100 invisible hearing device. Its tiny. But lyrics not just about what you cant see. Its about what it can do. Lyric can be worn 24 7 for up to four months, without battery changes. Incredibly easy to live with, lyric can be worn showering, sleeping and exercising. In fact, you might forget its there at all. Call for a riskfree trial. And youll see lyric can also give you exceptionally clear, natural sound in quiet and noisy environments because of how it works with your ears own anatomy. testimonial section testimonial section testimonial section testimonial section testimonial section did you know, 94 of people who use lyric would recommend lyric to a friend or loved one. Can your hearing aid do all this . Lyric can. To learn more about lyrics advanced technology, call or visit trylyric. Com for a riskfree 30day trial offer. Youll also get a free informational dvd and brochure. Why wait . Hear today what a little lyric can do for you. Get the hearing aid that can. Lyric from phonak. Lyric can. With fidelitys new options platform, weve completely integrated every step of the process, making it easier to try filters and strategies. To get a list of equity option. Evaluate them with our p l calculator. And execute faster with our more intuitive trade ticket. Im greg stevens and i helped create fidelitys options platform. Its one more innovative reason serious investors are choosing fidelity. Now get 200 free trades when you open an account. Stuart look at the price of oil right now getting perilously close to 98 per barrel. Well, we may meet macy more gas price increases with oil at 90 per barrel. Listen to this. From last nights state of the Union Message. So lets set Party Interests aside and work to pass a budget that replaces reckless cuts with more savings and Wise Investments in the future. It is not a bigger government that we need, but the smarter government that sets priorities and invests in broadbased growth. If you want to make the best products we have to have the best ideas. No is not the time to get these jobcreating investments in science and innovation. Today no area holds more promise than our investment in american energy. Stuart investment is the key word to watch for there in that montage. The president referred to investing which basically means spending more government money referred to throughout his presentation 13 times using the word investing. Lets bring in dennis kucinich, a Fox News Contributor and former congressman. Welcome back to the program. Good to see you again. Great to be with you. They appreciate this and opportunity to share some thoughts. Stuart you and i totally disagree about economics, economic policy. We do. Lets be honest. Youre a Fox News Contributor, as part two is my temper but its great to have you back. If you think you think that if the government spends a lot of money invests in various programs you think that that will create growth in the american economy. I say involved, but i want you to explain the connection between spending more government money, not private sector money, more government money to create real growth in our economy. hows it going to happen . well, first of all, we have acknowledge that there are over 10 Million People out of work. those people, some of the mark for the government, but most fo the private sector. now, there is a bigger question here, and i will say, and you may agree with this, we cannot tax our way to prosperity. nor should we cut our way to sterity. there is a role for government and the economy, but what i heard you previously say about l and gas, you should allay your fears about this president oil exports went up 1,056 percent compared to december, 1999. You know, in november. Stuart thats not is going for oil and gas. Stuart no. No. No. No. No, he is not going out. He is not going allout. Stuart and aida like the Oil Companies, but the president wants to tax them. I know what to keep raising the price. Use that money free energy products. The president is not come home for awhile. I want to ask the question, how is that spending a lot more government money which begin that have creates jobs and growth . Explain it to me. welcome all well, hold on a minute. ght now they are planning t have military exercises in 35 different african countries. What we start taking care of things that help. Stuart that is not the question. The question i asked an update. Stuart show me how spending more money away the president wants to create some real growth in our society. Infrastructure. We need to rebuild americas infrastructure. We cannot ask the private secto to put that trillions of dollars to rebuild roads, bridges, wate systems, source systems. that is an investment the government is to makes our economy can grow, and we cannot be borrowing money from china pan, south korea to deal to get the money to do that. we have to go back to the constitution of the united states which gives government the ability to be able to do th investing that will help our country grow. this is not only about the private sector. This is not about ideology. This is about practicality. Build a bridge. Stuart 50 billion, which we dont have, and spending on infrastructure and spending on building bridges. Okay. I agree. It would create union jobs at union scale. That is what that would do. How about preschool, universal preschool. That is what the president once. Spell that last night. Universal preschool. You want to tell me how that kind of a new Entitlement Program stretching off endlessly will create real jobs and real growth in america . How are you going to do that . Are you kidding . If we could give our children ages 35 the opportunity to read read, the chance to learn math at an early age, it would be we would have exponential growth. Stuart congressman telecom on. Other countries are investing in their children. Liar we . Stuart universal preschool will give us exponential growth . I dont see the economic. When with this growth occurred . Over the lifetime of a child. Look. I know from my own experience. Did not get to a preschool program, one mother taught me how to read the time i was rich men of the difference in m life. we need to recognize children a our greatest treasure and investment. this is not only do i agree wit the president , but i wrote the bill. Universal prekindergarten. Invest americas children. Stuart all i want is for, five, 6 percent growth, and i dont think this president is going to get as there. We cant get there. we cant. and you know what, if we go int this austerity note, which some people are promoting we are going to choke any chance of owth in this country. i want to see more wealth creation. want to see america have growth across the board. i think that will meet the private sector growth, that is what we ought to be involved in helping to incentivize this. Stuart i do want you to come on back. Im going to pose the following question. What is a fair share for a guy who makes a Million Dollars a year . Dont answer now. Please dont answer now. I want to have you back and see what you think is a fair share. Dennis kucinich, a pleasure. Good to see you, sir. Thanks very much, indeed. Up next, Fox News Channel may in kelly. I say that senator mark go rubio me this case pretty well last night. Does ms. Kelley a great . That is next. 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It keeps on going up. 3. 61 is the National Average for regular meeting it is up 0. 30 in one month. Gas prices are rising. The price of oil underneath it all is going up. We continue to keep our eye on the dow. Very close to the record i. Not much closer now. 160 points away. President obamas pacing the Senate Finance committee this hour. Youre watching closely. In a counterclaim Cayman Islands. Wait for it. Important day for u. Important day for u. You ready . We wanna be our brothers keeper. Whats number two we wanna do . Bring it up to 90 decatherms. How bout ya, joe . Lets go ahead and bring it online. Attention on site, attention on site. Now starting unit nine. Some of the worlds cleanest gas turbines are now powering some of americas biggest cities. Siemens. Answers. You know it can be hard to lbreathe, and how that feels. E, copd includes chronic bronchitis and emphysema. Spiriva helps control my copd symptoms by keeping my airways open for 24 hours. Plus, it reduces copd flareups. Spiriva is the only oncedaily inhaled copd maintenance treatment that does both. Spiriva handihaler tiotropium bromide inhalation powder does not replace fastacting inhalers for sudden symptoms. Tell your doctor if you have kidney problems, glaucoma, trouble urinating, or an enlarged prostate. These may worsen with spiriva. Discuss all medicines you take, even eye drops. Stop taking spiriva and seek immediate medical help if your breathing suddenly worsens, your throat or tongue swells, you get hives, vision changes or eye pain,or p. Other side effects include dry mouth and constipation. Nothing can reverse copd spiriva helps me breathe better. blowing sou ask your doctor about spiriva. Stuart i would ask me in chile to join us and she is on the line right now because we want to get her reaction to the rebuttal to the president s state of the Union Address by marco rubio last night. First of all, listen to this for a second. The tax increases and deficit spending you propose will hurt middleclass families. It will cost in their races. It will cost them their benefits, and may even cost them their jobs. It will hurt seniors because it does nothing to save medicare and social security. Mr. President , i dont oppose your plan because i want to protect the rich. I oppose the plan because a lot to protect my neighbors. Stuart that that that was a good last line and i thought that an impact. On the line. You saw everything. Use of the president s presentation, you saw marco rubio, rand paul. What to you say . I say marco rubio had real impact, which is kind of unusual for a bottle to the set of the Union Address. Well, i thought one thing he made clear was the battle for middleclass voters is on and the republicans are not going to see that voting block to the democrats on which president obama has been so focused. He completely changed the argument. I mean, the part where he came out and said, look, you know, our Free Enterprise system is the source of middleclass prosperity. President gamal believes is the cause of our problems. That just encapsulates what the republicans have been trying to argue over the past election season perfectly. That is exactly what they have been trying to say, although i dont remember anybody saying it. To clearly, ill be it with a bit of dry mouth. Stuart dry mouth. You do a lot of speaking. Is that ever happened to you to make you get up there and say where is this saliva . Stuart that and so many words. On the screen right now we have senator arubia reaching. Rather awkwardly for that stuart poor guy. That was not his fault. They should have given him a lectern in front of him. The president gets the break of when people give him the applause to take his water to redo their rebuttal. Stuart my problem is the establishment media will concentrate on that little slip, the awkward is reaching for the bottle. Ignore the content. What does that tell you. It tells you he was effective. If he was ineffective and would not have to focus on that. He was obviously, obviously a serious threat to the other side because the elephant and living near mess he is hispanic. He is latino. And that voting block turned other republicans in droves and the last president ial election. It raises the question about whether if he becomes the gop standard bearer in 2016 how what percentage does that critical voting block swings back to the gop . And he is articulate and smart. He gives a bold voice to conservative principles which conservatives have been waiting for for a long time, someone faces reagan. So he is a threat. Azeris knees and that cover of Time Magazine as the savior of the gop. Stuart you got it. Alito see you a little later this afternoon. And looking for to that. Stuart allow my. Of correct my pronunciation. I wont, and i will make fun of your british accent as knew he added. [laughter] stuart thats 15love to you. Thank you very much. One more chance to make money with charles. Go. Lets take a look. T ex is the name of the company, the symbol of the company. International construction farm equipment. You heard about the president talked about some of this stuff. They make money all over the world. The Global Economy is rebounding , and i do. This is a fantastic proxy. This used to be significantly higher stock. Even though it feels like a chase yellow minimal for a 20 hold. Stuart we will check up on this please do. Stuart a valentines day promotion. A divorce attorney offering a free divorce. Whats the hook . There is one common we will tell you about it next. [ male announcer ] at his current pace, bob will retire when hes 153, which would be fine if bob were a vampire. But hes not. Hes an architect with two kids and a mortgage. Luckily, he found someone who gave him a fresh perspective on hisortfolio. And with some planning and effort, hopefully bob can retire at a more appropriate ag its not rocket science. Its just common sense. From td ameritrade. Stuart a new record for the number of people on food stamps. Weigh over 47 million now on the food stamp program. The seeding might awaken the entire population of spain, and we are growing by 11,000 new food stamp recipients per day. 11,000 americans a day added to the program, and this is since 2009 to mrs. Obama took office that this number has been escalating. This is not improving the situation. It hurts it. Stuart unions in michigan found a lawsuit tenzing the states right to work law. The union said the laws of violation of the constitution because they are covered by federal law, not state law. Obviously a sign of the vote desperation. We know its not what it used to be, despite no matter what anybody says, and this is just the smart thing to do. The unions, a better figure enough of a Public Relations point of view because even with a friendly president in the white house the continues to collapse. A better figure out. They can be all about me. A better offer a solution that just is not union only. Stuart union center. Union centric. This is crazy. Stuart now this. An attorney in michigan ran a contest for a free divorce. The person with the worst side story wins. Just in time for valentines day. Come on. Keep it to yourself. We know want to hear some stories. I think there is definitely a sign of what is happening not only in america, but around the world right now. Marriage is annulled much ground. Stuart is it good marketing and valentines day offer free divorce if he had the bad side story . Yes,. Stuart if it brings in business i could suppose he said that is good marketing. Marketing. In fact, divorces bike because people wait until the holidays are over before they break the news to the kids and all that. The first couple of months of the year divorce is before the roof and we are coming to sanders point, we love train wrecks. Italys reality tv shows. Theyre all train wrecks. Stuart the highlight reel is next. Did you know not all fiber is the same . Citrucel is different its the only fir for regularity that wont cause excess gas. Its gentle and clinically proven to help restore and maintain regularity. Look for citrucel today. Stuart loss in the highlight