Transcripts For FBC Varney Company 20160215

I want to get your money. What we are setting up today as a stock market win. The indicators suggested opens tomorrow big. That will be tomorrow. If you want to watch a 3yearold i am told there is another channel for your viewing. But there is a lot going on now. It is happening now and we are very happy to be here live to cover it. Welcome to the live show. Varney company. We are about to begin. It is not stuart Prime Minister Dmitry Medvedev likens relations with the west to a new cold war. He says it is a cold war at the west doesnt cooperate with russia in the area and elsewhere. It is a cold war. More on this with ralph peters in about 10 minutes from now. To the election quickly. It was a mile up are all among the candidates for the Republican Debate dr. Dave of carolina. Donald trump booed at the making of a comment about george w. Bush and 9 11. Roll the tape. I am sick and tired of them going after my family. My dad is the greatest man alive in my mind. [cheers and applause] while donald trump was building a reality tv show, my brother was in a Security Apparatus to keep us safe and i am proud of what he did. Hes had the gall the amount World Trade Center came down during all of that. Stuart okay comment it went downhill from there. Or uphill depending on your point of view. The news that Justice Scalias passing arrived just before that debate and the debate was front and center in that the passing of Justice Khalil was front and center. Mary kessel is with us from the wall street journal. Opportunity for democrats, risk for the republicans. They can now retilt the balance on the Supreme Court. Would you say . Sanitized consent and i just dont see the gop allowing the president to get through before an election year. They are right to see the American People need a vote. The political left of them like it. They pretend the senate is another role at all. Elections matter and the gop controls the senate. That is a problem for the white house to your stuart roll tape from ted i believe this is from the debate talking about a replacement for Justice Scalia. Does that mean you are going to filibuster anyone that president obama nominates . Absolutely. This should be a decision for the people, george. We have an election. And democrats i cannot wait to see wait to stand on that stage with Hillary Clinton or Bernie Sanders and take the case to the people, what vision of the Supreme Court do you want . But the election decided. Stuart advise and consent, okay. If they say no for the next year, just about a year, they look like obstructions. What you just saw was classic ted cruz. He doesnt need to filibuster. They can have a vote in the republican together, which i think they will, they wouldnt approve the president s nominee. The problem for ted cruz is that he hasnt had a lot of leadership it. Period prayer to the public is going to stand up and do something. For him, doing something is doing nothing, preventing the process from moving forward here and will probably appeal to his base. I dont think it expands his base. And that is cruzs challenge. Stuart republicans have a real problem. No, no, no, for year their obstructionist. They have to explain to the American Public why. They have to educate people. Jo you are looking not union, health care and four in four of those you end up with a tie. The lower court decision. Stuart several names are being thrown around. First and always got the federal judge diane would chief janet napolitano, u. S. Court of appeals, Merrick Garland california allow the haaretz. Wait a minute. Then weve got three more Appeals Court judges. Now, judge Andrew Napolitano is on the phone with us. Thanks for joining us. Nice to hear your voice, stuart. Stuart i dont know if you know these names, but they are all on the left, although burroughs. The mac i do know one of the names because its the same last name i have inches my cousin and we rarely agree on anything. Of course this people are on the left. From president obamas point of view, this is an opportunity for him to cement in place legacy to turn the direction of a cord around from where it has been on a relatively stable conservative majority though occasionally Justice Canady making a liberal majority. I wouldnt than president obama for a 10 team to take advantage of the opportunity. Stuart let me jump in for a second. I would expect him to nominate him in on the left. Not a middle road or who might be acceptable, but a leftist. The president has nothing to lose. I dont think the president things the way you do. He may well be more interested in a compromise candidate. For example, if you were to nominate someone that was sufficient to pry loose a dozen or so republican votes in the senate, then he could get the person through. If he really wanted to play hardball, the senate is in recess today. If he nominated someone today, there are no confirmation hearings. The person would begin to save as soon as the person took the oath they would set her for years. It would not be a lifetime term. This has happened in the past. And they were eventually nominated. Stuart that would be hardball indeed. S. Coming as they would be hardball. Stuart judge, which expect a minority or woman to be the most likely nominee . I would x that Justice Scalias opposite number. I do know in terms of race or gender, but certainly opposite in terms of ideology and obviously a lot younger than he was. Justice scalia was not a compromise there, not a molder of consent is. He stood his ground. As the champion of originalist and come in the original intent of the framers of the cons to shame. There are many, many fine academic Appeals Court judges and law professors out there that would appeal to the president he would be very much the opposite of that. We should not suppose that the Supreme Court is going to rule four to four. This court has ruled many, many times x to three and in this case six to two. And many times that unanimity. John roberts, the chief justice is utterly brilliant to crafting compromises that drop more than five members of the court. Stuart that is right, judge. He did indeed give us obamacare. I hope we can get you back later in the show. If not, well certainly see you. Im available whenever you want me. Im surprised americas newest american descendents working on president s day. Stuart would like to go live on this network because weve got news. That is a fact. Thank you very much. Appreciate it. Lets go to the Market Action for you. Right now looks like we are set to open higher tomorrow. We are up 300 points friday. Another nice rally probably. Publicly coming tomorrow. By the way, we have the price of oil up today. That is an actively traded market were 2970. We touched 30 earlier. That is up from 26 bucks last week. Look at gold. Thats another indicator we are down today. Talks up, oil up, pulled down 27. Ive got to tell you this. Stop shaking your head. Jo you called me out. Im so excited about gasoline. This is good pricing. Stuart i want to hear you cheer on this. Back to the cruz in rock springs, oklahoma. That is the cheapest station in america. The average is 1. 37. Jo i am in. Lets go. Stuart fire at the winnebago. Look who is here the day after valentines day. Art laffer, former economic adviser to ronald reagan. The news this morning on the economy is japans economy is shrinking and shrinking big time. My question to you is are we too in america going to shrink recession . Are we in for that . Connectors that comment about your newfound citizenship. Have you such cause a stay from president stay from president s day tonight and call it George Washingtons birthday . What is going to happen we dont change policies very, very soon. Stuart are we in or a recession . The mac if you look at the stock market, it is forecasting seven out of the last four recessions. You never have a downturn without a good market downturn first. Frankly i think we have a real risk here in the u. S. Are going even further down. Ase. We never had a recovery. Stuart that is going to be thee holiday. If we could get a in this country, what else matters . Stuart one last question. What would a liberal tilt on the Supreme Court, if that happened, and a liberal tilt that they would have a 5for majority. What would that mean for economy andshall listen and make it a progrowth Economic Research and in kentucky of all places. Its a very exciting time. I dont think the Supreme Court topic, but they can sure slow it down. Stuart on president s day, George Washingtons birthday monday morning. We got it from him. Youre a good man. Thank you very much. Stuart snow, sleet, rain. They are going to hit the midatlantic and northeast. Did you see it coming . Here it comes. Most of the country doesnt care of course. Thats pretty bad news. This is happening to us. The whole Northeastern Region emerge as for the weekend of the winter. Arctic temperatures, berger when shells, most people stayed in my period just to show you the pictures roseanne. But we are looking at now is this video showing this nocaps skating down from the top of the half dome. Skies are blue in california. An admission from the head of the cia said and its operativeoperative s in place in america and the attacks are inevitable. More on that in a moment. Pet moments are beautiful, unless you have allergies. Then your eyes may see it differently. Only flonase is approved to relieve both your itchy, watery eyes and congestion. No other nasal allergy spray can say that. Complete allergy relief or incomplete. Let your eyes decide. Flonase changes everything. Stuart russias Prime Minister, dmitri. Gov, warning we are all headed towards a new cold war if the west does not cooperate with russia and syria and elsewhere. Coming in, rob peters. We have are at a loss to the russians in the middle east. They are beating us just about everywhere. The cold war has begun and they are winning. They are certainly determined to keep it. On a diplomatic front, stuart, and moscows goals, prudence goals are to divide the u. S. A. From your divide europe internally and break up the antisub six allies in the middle east. Dividing europe is successful. Breaking up our alliance in the middle east was never much to begin with. Now youve got the turkish allies shelling our kurdish allies in meanwhile on the militarys died, putin is it. Nothing magical about it. It is by the book, tech book offensive than his marching relentless way towards a try and militarily in the area while we can make up our minds was going on. Stuart how about thisfrom the cia director john brennan telling 60 minutes future isis attacks here in america are inevitable. Just watch this for a second. You were expecting an attack in the United States. Im taking them to try to put in place operatives, material, whatever else they need to do more to incite people to carry out these attacks clearly. So i believe their attempts are inevitable. I dont think their successes necessarily are. Stuart okay, attempts are inevitable. Are you confident we are doing enough to stop this . In the United States we are doing everything we legally can. There is a severe problem with modern encrypted communications commercially available that we can break. But trying to do two things at those remarks are one, warn us that there would be more attacks that they are indeed inevitable, whether large or small we dont know. The other thing as saying he wants a position to say i warn you. This wasnt an intelligence failure. In his entire interview to which i listened, what really caught me and weve heard it before was before the latest terrorist attacks, the red sirens and flags were everywhere. We knew something was coming, but we didnt know what because of the encryption problems. The comprehensive problem is strictly biz. We still dont take it on mix tapes branding series enough. Stuart, Islamic State has the most successful global brand since facebook and they are also and await the ultimate dating map for young muslim males to link them up with 72 version, sort of a match. Com for one of the murders. I am not being afflicted. The power of the internet has both applied and globalized the effects of the deadly terror organization. Stuart ralph, thank you for joining us. The passing a Supreme Court Justice Scalia creating a power struggle in washington. Dr. Ben carson says democrats are right to diminish the legacy. Dr. Kirsten will join us in just one moment. Jake reese, day to feel alive jake reese, day to feel alive jake reese, day to feel alive donald trump pedonald trump. Look past the boasting and youll see right through him. He supported partialbirth abortions. His phony Trump University . Accused of fraud. He tried to seize private property to line his own pockets. Four bankruptcies. And Small Businesses screwed over. Poll after poll shows him losing. To Hillary Clinton. If trump wins, conservatives lose. Right to rise usa is responsible for the content of this message. E trade is all about seizing opportunity. And id like to. Cut. So im gonna take this opportunity to direct. Thank you, well call you. Evening, film noir, smoke, atmosphere. Bob. Youre a young farmhand and e trade is your cow. Milk it. E trade is all about seizing opportunity. Perfect driving record. Perfect. No tickets. No accidents. That is until one of you clips a food truck, ruining your perfect record. Yup. Now, you would think your Insurance Company would cut you some slack, right . No. Your insurance rates go through the roof. Your perfect record doesnt get you anything. Anything. Perfect for drivers with accident forgiveness, Liberty Mutual wont raise your rates due to your first accident. And if you do have an accident, our claim centers are available to assist you 24 7. For a free quote, call Liberty Mutual at switch to Liberty Mutual and you could save up to 509 call today at see Car Insurance in a whole new light. Liberty mutual insurance. Stuart this is president s day. Why not bring in republican president ial candidate ben carson to talk about the passing on the other side of the screen. Welcome to the program. Good to have you with us. Thank you. Republicans in the senate they wait until there is a new president before we get a new Supreme Court just is. Would you say to that . Well, i understand why they say that. The Supreme Court has turned to something very different than it was originally in vision. It was supposed to be composed about ending americans who wanted to preserve america based on our constitution. What this has turned into as a lot of people who are ideologues, who had their ideals of what things should read and want to create law rather than interpret law based on a constitution. That being the case, it is perfectly reasonable for the republicans to say, we know what kind of individual we have as president. We know what kind of people he will appoint a somebodys done before. Why would you come in all, but that upon yourself and those coming after us and future generations . Why not let the people decide . The people will decide in november what direction they want the country to go when. If they pick a democrat, they will give the kind of person that the president wouldve paid. If they pick a republican, it means they want to go in a different direction. Stuart it is the president s job to nominate a president for Justice Scalia. That is his constitutional duty, so he is going to do it. If republicans want a nominee for the rest of the year, they will look like obstructionist, wont they . They will lose politically. I dont think so. I think many people in america know exactly what is at stake here and they have seen what it had greenport, the kind of ruins coming out of the Supreme Court. They know how that is affecting their freedoms and they dont want more of it. I think it is time for republicans to put a stake in the run. If that causes us to loosen up people say say thats not what we want, and people look get what they deserve. Stuart dr. Ben carson in an unprincipled. We appreciate that. Thank you, sir. Stuart this is the conditioning people. This is the company telling those employees they are going to lose their jobs. They are going to mexico. Wait until you see the full video. Maybe then youll understand why donald trump is popular. Stuart the markets are closed. We look at that . Shaping up to be a pretty big and maybe positive week when wall street opens up again mara. Features about to close up 180 odd points. An interesting positive point for the rest of the week. How about oil . That is an active market today. We are up close to 30 a barrel. Remember 25. 26 last week. Gold, another indicator down today losing out to the dollar per ounce. That is set up for the market for the rest of this week. And i have a carrier corp. , the air conditioner people by United Technologies. They told employees that the jobs they have are moving to mexico. Watch the tape. The best way to stay competitive and protect the business for longterm is to move production from facilities in indianapolis to monterey, mexico. Stuart you could say that as a negative reaction. The backlash is artist target to listen to this. A member of the united steelworkers union. Roll that tape. The companies are destroying the jobs and robert employees at their jobs. They are taking this work to mexico because the 10 workers are paid 6 an hour with no benefits. It is just destroying our country. Stuart obviously, donald trump would not be happy about that. Here is what he had to say about it. I would go right now and say i am going to work awfully hard to make airconditioned now in mexico. Youll get all of these 1400 people laid off. They were laid off, crying. I will tell them right now i will get from congress to tax you when they come, so stay where you are a built in the United States. Stuart he jumped on it real fast. James freeman is that the wall street journal editorial board. Welcome to the program. Teams to meet a carrier did something that just opens a pandoras box. Jobs to mexico, cheap labor down there. Trump obviously jumped on it and is getting popularity because of it. Hes going to take a tough situation and make it worse. What he is talking about putting big tax on products from mexico. He is a sickly thing he wants to rip up her International Trade agreements. Carriers owned by United Technologies fell all around the world. Its hard to find an airplane that doesnt have something made by them in it. Last month the new engine went into the new airbus made overt ears. You are going to kill a lot of jobs at. Com made, and many more than this if you start saying we are not trading with the world anymore. The company has the largest elevator and escalator in india. Are we now going to fight with countries in asia as well . Stuart i take your point, but you would agree there is a populist move at the moment against the trade agreements weve seen the last one he, 30 years. There is a backlash developing. Its not going to be pretty. Its not pretty but its based on a misunderstanding that the trade agreements make us richer. The problem is not the company. Theres a reason the Company Reported less revenue at the last year than the one before. This is a bad economy and its got a heavy tax and regulatory word and. Stuart those people being told you are losing your jobs. They are going to mexico. For trump and Bernie Sanders and Hillary Clinton. People have to think about what do they want . Do they want to pay more or do they want us to not sell . Stuart that will come right back and say we want those jobs to stay in america regardless of what trump would do to tax products, we want those jobs here. How do you keep highpaying jobs here for close our borders and the rest of the world is not high in airplanes or elevators from United Technologies, software, drugs, everything we make here. We will not sell overseas and we will continue to be successful, prost or is. The economy is struggling, but its not because we are trading. We have a government that is too big and too expensive and oppressive. Stuart i am just trying to point out that the free trade wave has crested and maybe the tide is going out. Thats all im suggesting. Maybe thats the wrong answer. Thats what is happening. I hope that is not happening because many jobs will be lost as we go down that path. I would hope republicans will engage more as they fight with donald trump in this debate. James freeman wall street journal editorial. We appreciate you being here. Stain on the economy, local anxiety. Japan news this morning really in recession. And then we have this thing about negative Interest Rates. Loan money to a government and they dont give it all back. Heres a professor of economics at the university of massachusetts in amherst. Forgive me for saying this, but when i hear economics of western roots, i think socialism. Are you a socialist by any chance . As a matter of fact i am a democratic socialist. I believe we should extend regulation that we have in our School District and said not to business. Or mappers are active, i wonder if you can discuss the negative Interest Rate phenomenon where i loaned money to government and i dont they dont give it all back to me. That would be a dire situation around the world. Am i reading this correctly . You are reading it absolutely correctly. It is very interesting as recently as a year ago on just take it as an assumption that you cant have a negative Interest Rate. Why would anybody put money in the bank at the bank is not going to give it all back to you. But in fact ,com,com ma people do Value Services that they provide and they are going to act a lot in their capital to keep their money in the bank. Stuart it is a problem, isnt it . Absolutely. It is a slow down as the previous week are mentioned. We have been having for seven years now, we have been in what economists call the Great Recession since 2007, may 2007 and we have a commodity. The United States are doing better than most of the rest of the world. It looks now that this longterm drive that has been going on is spreading and we may actually be heading into another Great Recession after the first Great Recession ended. Stuart that is a negative message for capitalist like myself is socialist like yourself can try to discuss. Weve got 30 seconds left. What would you do about the Carrier Corporation transferring 1200 jobs from america to mexico. Why would a socialist do . I am okay to agree with anybody from the wall street journal. On free trade we are largely in agreement. I would provide those workers with extended Unemployment Insurance which we have through the trade adjustment assistance program. Job retraining. The biggest burden American Workers facing competition with Foreign Workers is the burden of Health Insurance which can be 15, 20, 25 added on top of regular payroll. If we had a National Health care system as every other country does, that would be an enormous boon to business and would bring some jobs back. Stuart okay professor, sorry to cut you off. I dont mean to disagree with you but time constraints are upon me. Very interesting discussion. Socialists from amherst, massachusetts. We will have you both back. Theyll be good or professor, thank you indeed. Appreciate it. Im going to stand politics. Whenever go far from politics on this program, do we . Democratic strategist jessica ehrlich. I want to talk about the school yet vacancy on the Supreme Court is a huge opportune to date you folks on the left would agree with you, wouldnt you . I dont know if its an opportunity so much. That would present him stuart the Supreme Court. If you had a five to four liberal majority, you would be very happy, wouldnt you . Could help alan support in terms of the justices they are. That would be presuming you have people who are activist judges to begin with. What is interesting also is to say we need to put someone on now. Theres several just says who are going to be closer and also in poor health in elderly who the next president will nominate as well if you are sending the next resident is going to be republican, i suppose that is put on a more liberal justice now, having more conservative justice later to balance the quarterback out. Or you can have a chance where we have multiple more liberal justices depending if the democrats are elected. Stuart that is very true. Would you favor a recess appointment right now . You would. That would create quite a battle, wouldnt it . A word. Part of the privilege of being president is to make an appointment. Certainly this is not something that the foreseeable act. It is not some thing that is somehow a kobold that would cause this to happen. Its part of the responsibility and duty of someone the president of the united dave. A twoterm republican will be supported them putting in a recess nomination as well. True to ensure youre not happy at the passing of Justice Scalia, obviously not. I would never imply that. But you are pretty happy at the opportunity that is presented to you in political terms in the coming year. Can we leave it at that . What is interesting is that we have seen between the friendship injustice goliad and Justice Ginsburg and the berlin of Justice Roberts is what people forget that the Supreme Court is made up of jurists. They are not politicians. Their job they are absolutely not. As an attorney, i feel this as well. We have a duty to uphold the laws. It is how you interpret them that is a much more almost collegial sense of intellectual disagreement as to what the basis is. The law is the law and the law of the land and that is why they have the Supreme Court to balance their government between judiciary and federal and executive. Having someone there is very important. Stuart okay, got it. Thank you are coming on the show. Very important day. Coming up, apple seemingly taking cue from netflix reports coming out that apple is making his first scripted tv show. More on that. Pope francis heading to the u. S. Border with mexico. Donald trump on this program called the pope a political person who does not understand the dangers of an open border. Watch this. You stuart how about this . The streaming battle, streaming wars. Apple getting some inspiration from netflix maybe. There are reports its making its first scripted tv series. Whats this all about, jo . Well, dr. Dre, as you remember, apple bought beats a few years ago, now theyre going to make an original tv series about dr. Dray. Its dr. Dre. Its supposed to be an original scripted series. This will be the first time apple does something original stuart hold on a second. It makes the video about dr. Dre available. Stuart available on what . Apple music, but you can get it on apple tv, and thats really where you see the streaming play. Theyre making new content available on a place you cant get anywhere else. Stuart but theyre losing the battle, respect they . They are. The little donging you plug into your tv is the biggest winner so far in sales followed by apple tv and then roku and amazon fire. Stuart desperation. Its a war in terms of competition and sales. Stuart apples never desperate. Not with all the cash they have on hand. Stuart okay. Just need to you okay . Stuart to the pope. Hes on his visit to a poor suburb just outside mexico city. Hes preaching social equality as a way to address the standard of living for many mexicans. Here is father jonathan morris. This is the segment where you call the pope a crazy liberation theologian. Stuart no, no. Is he a socialist . Weve all got to earn the same amount of money . Is that the popes policy here . Stuart, youre in favor, i hope, of social equality. Equal opportunity for everyone. Stuart yes, but thats not what i mean by social equality. Thats what the pope means. Stuart he means tax the rich and give to the poor. Ive never heard him say that. Everybody deserves equal opportunity, and thats what social equality is. Its a very different thing to say im in favor of the poor rising up against the rich, taking them down, the government taking money from the rich and spreading it out equally. First of all, we know that that would not create social equality. Handing out money to people who are not in a position to take good care of it and to rise up with what theyre given, that would not create social equality. I dont think pope francis is for that. I could be wrong. If im wrong, id be happy to disagree stuart you could correct yourself at some point. I would also say i disagree with pope francis. Stuart your total misunderstanding of the phrase social equality. I would absolutely confess my wrongdoing to you publicly. Stuart okay. [laughter] the pope says he will stand with migrants at the u. S. mexico border. Okay . Donald trump had something to say about that on this program. Lets roll that tape. The pope is a very political person. I think he doesnt understand the problems our country has. I dont think he understands the danger of the open border that we have with mexico. And i think mexico got him to do it because mexico wants to keep the border just the way it is, because theyre making a fortune, and were losing. Stuart i think donald trump has something, hes kind of correct there, isnt he . I would agree stuart the pope is dismissing the impact of illegal immigration into the United States of america, the financial impact. He is dismissing that entirely. I would agree, and i think the pope himself would agree he doesnt understand the economic realities in the United States of america. He doesnt understand economics at all stuart so whats he doing standing at the border . Hes encouraging illegal immigration. Hold on, stuart. Hes spent the last four days talking about corruption in mexico, talking about the drug problem in mexico, going up and down, beating up both Church Officials as well as government officials saying these are the root causes of poverty. Then he will go to the border, and he will stand with those who are looking for a better place to live, and hell say there is a natural right to emigrate. Not immigrate, to emigrate with an e, to leave ones country stuart illegally . No. Stuart and set us up with the bill . You know what . If pope francis gets up there with a ladder and helps people climb the wall, i will say thats wrong stuart he is encouraging illegals hold on. Theyre in mexico. How are mexicans in mexico illegal . Stuart theyre going to cross that border, and you know it. Theyre migrants. Theyre on their way to america illegally, and hes standing with them. Stuart, if pope francis holds up a ladder or digs a tunnel with these very legal migrants in mexico, i will be the first one to say that is wrong. Pope francis is not encouraging illegal immigration. What hes saying is that we need to fix a very hypocritical system that we have right now in the United States in which we allow a porous boarder and allow migrants to come over, then give them jobs when they get here. Thats hypocritical. Stuart are you a jesuit . Im not. Stuart okay. You argue like one. Father jonathan morris, we appreciate you being with us. Thank you. [laughter] stuart the standoff continues. Its easy to argue when youre right. Stuart okay. That was good. That was a good outcue. Next, listen to this. Kanye west claiming hes tens of millions of dollars in debt. Hes asking mark zuckerberg, the facebook guy, for help. Well be back. Thereby your path to retirement. May not always be clear. But at t. Rowe price, we can help guide your retirement savings. For over 75 years, investors have relied on our disciplined approach to find long term value. So wherever your Retirement Journey takes you, we can help you reach your goals. Call a t. Rowe price retirement specialist or your advisor. To see how we can help make the most of your retirement savings. T. Rowe price. Invest with confidence. Perfect driving record. Perfect. No tickets. No accidents. That is until one of you clips a food truck, ruining your perfect record. Yup. Now, you would think your Insurance Company would cut you some slack, right . No. Your insurance rates go through the roof. Your perfect record doesnt get you anything. Anything. Perfect for drivers with accident forgiveness, Liberty Mutual wont raise your rates due to your first accident. And if you do have an accident, our claim centers are available to assist you 24 7. For a free quote, call Liberty Mutual at switch to Liberty Mutual and you could save up to 509 call today at see Car Insurance in a whole new light. Liberty mutual insurance. Stuart im going to call this a bizarre tweet from rapper kanye west over the weekend. He says he is tens of millions in debt, 53 million. Hes asking facebooks chief zuckerberg for help. How much does he want . He wants a billion dollars from mark zuckerberg. He says hes got personal debt of 53 million. This is the tweet i write this to you, my brothers, while 53 million in personal debt. Theres no confirmation of actually whether thats true or not, but then he goes on to ask zuckerberg, i invest 1 billion into kanye wests idea because he is, quote, the greatest living artist of all time. Stuart hes looking for headlines. Because hes dropped a new album. Its available on a Service Called tidal which is not available to everybody unless you sub vibe, so this is all part subscribe, and this is all part of his strategy. Stuart and i am unwilling to give him any more. Former new york governor Eliot Spitzer allegedly choking a woman at the plaza hotel in new york city. The incident ising being investigated by the cops. It was reported saturday night. Joining me now is criminal defense attorney jonna spillbore. It just seems to me that governor spitzer with his background is just a target for any and all. You would think he would pick better friends. But heres what we know. Apparently, a 25yearold female, ill call her an associate because we dont know the nature of their relationship, is alleging that she was choked and hurt, physically hurt, by the former governor over the weekend. Now, the police are investigating, and lo and behold during the course of the investigation, shes now recanting. Not saying it didnt happen, but shes not being very cooperative with the police. What does that mean for Eliot Spitzer . Chances are, he will probably never formally be charged. Stuart so shes not pressing the charges at this point. Shes not. But keep in mind in new york the alleged victim does not need to press charges. Once an allegation is made and a report is made, its up to the police and the prosecutors to decide whether or not theyre going to formally charge somebody. Stuart once youre in the news for that kind of thing that governor spitzer did in the past right. Stuart youre going to be in the news a lot, respect you . You certainly are. And this does not bode well for him in the court of public opinion, but it probably wont see a court of law. Stuart to the point very precisely, thank you very much, indeed. Appreciate it. The vacancy on the Supreme Court, it gives president obama yet another chance to really change america. Doesnt it . Hour two of Varney Company two minutes away. Stawt stuart monday morning, 10 00 eastern time almost. It is president s day. We are live, i believe the other guys are playing, what, threeyearold reruns of Undercover Boss . [laughter] weve got news and were live. Look at this, when we open wall street again tomorrow the, looks like well have a pretty nice rally. Big rally friday, probably another one tomorrow morning. How about this . The price of oil up today, 29, almost 30 a barrel. Thats a rally. Remember, it was 26 last week. Heres the news we love. 1. 69 is the National Average on regular gasoline around this country. The price of gold, theres another indicator, down today, down about 30. So theres an indicator going the other way from oil and stocks. You know, when the other guys are on tape, we are live. Yeah, thats Varney Company. Second hour straight ahead. Stuart obviously, there is a battle brewing between democrats and republicans to fill the seat on the Supreme Court left by Justice Scalia. What exactly does his death mean for pending Supreme Court decisions . Peter barnes has that from washington. What have you got, peter . Reporter well, hey, stuart. There are about six big case on the docket this term that could be affected by the death of Justice Scalia, on abortion, contraception, unions, voting rights, affirmative action and immigration. And the issue here is that without Justice Scalia voting on the more, in the more conservative bloc, you could end up with 44 ties op some of these cases. And in that instance, a tie vote maintains the ruling of a lower court. Now, here are some Lower Court Rulings that could be affected. A lower court has ruled workers who choose not to join public unions can be required to pay union dues. Lower courts have also sided with texas and other states to block president obamas plan to defer deportations of more than four million unauthorized immigrants, and lower courts are mixed on cases involving employers who want to deny contraceptive coverage under obamacare for religious reasons. But if the justices want, institute, they can defer stuart, they can defer these cases and bring them up again on reargument in the new term starting in october. Stuart it really does change the picture, momentum it . It really does. Reporter yeah, it does. Stuart i see it snowing there, peter, good luck with that. Its coming here, i believe. Staying with the Supreme Court, with me now is the chief counsel for the American Center for law and justice, jay sekulow. We have some names of people being thrown theyre not throwing their hat in the ring, but we have some names of possibilities to replace Justice Scalia. The first one up is federal judge diane wood. What do you know about diane wood . Lets go through them real fast. Shes no Justice Scalia, ill tell you that. She served on the board of directors of planned parenthood, she has opposed the rights of Christian Legal Society organizations on College Campuses to maintain the significance of their charter when it comes to faith commitment. Very liberal judge, would be much more in the vein of justice sotomayor, Justice Kagan. Clearly, someone that is on the president s list. But i think stuart janet napolitano. Im sorry, were going to go through this fast. Former Homeland Security chief. Shes another name thats out there. Yeah. Stuart i presume that shes out there on the left of the legal spectrum . Yeah. And not likely. I would be shocked if shed be the nominee for a variety of reasons, stuart, not the least of which is is age. I think the president is looking at impacting the court for a generation, so age becomes a factor. Stuart merrick garreland, im not familiar with this judge. Tell me about him. Chief judge of the d. C. Circuit, has served on the guantanamo review board on the detainees and has been, frankly, another one that would be clearly in the mold of what Justice Kagan and sotomayor and clearly what president obama would want. Cal as Kamala Harris whos trying to silence prolife Crisis Pregnancy Centers by having them mandated that they oppose proabortion materials. But, you know, this is, this is a fight for the generation for the Supreme Court of the United States. So its huge. Stuart as i see it, it would seem to me to be in president obamas interests to nominate someone out there on the left, because hes got nothing to lose. Yeah. Stuart the republicans will clearly oppose such a nomination, but that would make them look like obstructionists. Right. Stuart the president , i think the president goes hard left, and you say what . Yeah, i think he does go hard left. Look, its not the republicans being obstructionists, its history. Constitutional history says this not since 1880 has someone been mom may noted and confirmed in the last year of a president s term in office. In 1960 the Senate Passed a resolutioning saying that in the last year, and this was a dem crackscontrolled senate in 1960, they were concerned that eisenhower was going to appoint a nominee. They said the last year of a president it should not happen. So the fact of the matter is it hasnt been since rutherford be. Hayes that someone has been confirmed, appointed and confirmed in an election year. And this should not be a break from that now 140yearold history. I dont think we need to revisit that. The president is lame duck. The reality is the American People need to have a say in the direction of the Supreme Court which is going to affect their children and grandchildren. For people like me who have been litigating before Justice Scalia, its hard to say the late Justice Scalia, but the late Justice Scalia for a quarter of a century, were going to miss this conservative lion of the Supreme Court. Stuart jay sekulow, thank you so much for joining us. We do appreciate it. Very important day. Now, when it comes to the election, the passing of Justice Scalia is an opportunity i keep saying this, but i think its true an opportunity for the democrats, and i think it is a risk for the republicans. Julie roginsky is for me now. Youre a democrat. I am. Stuart to you agree with my premise . I do. Stuart it is opportunity for democrats. I do. When off Mitch Mcconnell coming out before any nomination was put forward that he was going to oppose whoever president obama put forward, that was a massive miscalculation. What he could have and should have done which would have placated his caucus, his base, would have seen who was nominated, carefully considered that person and then voted them down. But for them to come out without any basis in fact and say i dont care if you nominate justice ca scalias reanimated body stuart i do agree with you. Because if the republicans oppose everyone and anyone thats put up there, they look like obstructionists. It looks Like Washington at it again, cant do anything, here we go for another year of nonsense. Yep. Stuart i think the republicans lose in that case. You know, they always do. The republicans never fail, they never fail to miss an opportunity to miss an opportunity. They easily could have done what i just described. But instead theyre overshooting, they always do, and its going to rain down on them in november. I think it was a massive political mistake, and im not saying that as a democrat, i say that as somebody who runs elections, and republicans always obstruct. Thats to not what the republicans always want. Stuart im not going to give you a fight on that one. Thats what im here for. Stuart roll this tape from senator schumer. I wallet your reaction to what senator schumer had to say. This was back in 2007. You know whats coming. I do. Stuart lets show the viewers. Roll tape. We should not confirm any bush nominee to the Supreme Court except in extraordinary circumstances. Stuart 2007. Yep. Stuart theres an election coming in 2008. We should not confirm any bush nominee. Except in extraordinary circumstancings. And let me stuart you cant have it both ways. Justice scalia has passed, unfortunately. Its not that he can stay there and wait for a new Supreme Court justice to be appointed. Hes no longer around. Were now imagine this. Stuart oh, come on. Imagine this, imagine this stuart the death of a Supreme Court justice is not an extraordinary circumstance. Its not . How long has that happened in history . A handful. Stuart Supreme Court seats pass because of the passing of a Supreme Court justice. No, they pass because people resign or people say theyre going to retire, they can stay over until somebody else gets nominated. Let me posit this stuart hold on a second. Yes. Stuart lets suppose that were going to have a titanic political battle. We are, i agree. Stuart i think this battle may be as important as the election itself. If not more. Stuart do you agree with that . I agree. But let me give you a theory. Remember in 2000 the Supreme Court put their finger on the scale and decided how the election was going to turn out . Stuart i dont think they put their finger on the scale. They called it by the rules and the law of the day. Fine. They called it the way they saw it. Now, imagine if that happened again this year. Its not unprecedented, you have a 44 split in the court, and nobody can make the decision. Thats an extraordinary circumstance. Thats why we need to fill the seat. Stuart that was great. Thank you very much, mr. Varney. I practiced all morning for you. Stuart 15love, young lady. Thanks. Stuart were still with the election and the Supreme Court. National review editor rich lowry is with me. All right. Where do you want to start this one, rich . I mean, you oppose donald trump, youve written that big editorial against him. He had something to say about this, i think, in the debate. What difference does this make to donald trump and his campaign . On the merits you wouldnt trust donald trump to make a Supreme Court choice like this because he has shown very little evidence that he knows anything about the constitution or particularly cares about it. And again, just strictly on the merits, stewart, i think this would help someone like ted cruz who has spent his life litigating, arguing, defending the constitution, and hes someone you really would trust with this choice. But i think the effect at the margins at least in the primary will put an emphasis on how important this election is, how its important to nominate someone who can actually win and someone that you know is going to be solid and reliable in these kind of important decisions. Stuart do you think that Mitch Mcconnell and ted cruz made a tactical mistake by saying, look, were going to reject everybody and anybody . We have to wait until the next president is installed before we can get the next Supreme Court justice . Was that a tactical mistake . No, i dont think so. Its the truth, they should put that line in the sand. It makes complete sense. Were going to have a big fight over the direction of the country in november, and it might as well be as big and consequential as possible including having at stake this nomination that potentially affects the balance of the court. Stuart its, i think its a risk for republicans. They might look like obstructionists. I think its an opportunity for democrats to play politics, play the election and also to rebalance the court. I think if you balance it out, i think the political impetus of the moment is with the democrats. Well, look, i mean, if republicans said, okay, were going to consider a nominee, then you would just kick the can down the road until when you reject that nominee. And whats, why not just say out front, no, were not going to do this. Lets have the American People have a big say in this by knowing that this is one of the issues at stake in the election. It makes complete sense to me. I think if they are strong and stalwart on this and dont show any wiggle, theyll be fine. Stuart suppose a democrat wins the election in november . Well, thats a problem. And thats one of the reasons im hoping a democrat doesnt win in november. Stuart maybe this will be influenced by this fight over the Supreme Court. Thats entirely possible. It should be. People should be aware that at stake in this election is the future of the constitution. And whether were going to have justices who hue to the original understanding and the text of the constitution or justices who consider it their role to impose their own will on a selfgoverning, democratic society. Stuart well put. Rich lowry, thank you very much for joining us on this monday morning. Appreciate it. Thanks, stuart. Stuart the top man at the cia says it is, quoting now, inevitable that isis will try to attack america. Terror inside our borders. More on that in just a moment. Thanks for doing this, dad. So i thought it might be time to talk about a financial strategy. You mean pay him back . So lets Start Talking about your long term goals. Knowing your future is about more than just you. Its how edward jones makes sense of investing. Then your eyes may see it, differently. Ave allergies. Only flonase is approved to relieve both your itchy, watery eyes and congestion. No other nasal allergy spray can say that. Complete allergy relief or incomplete. Let your eyes decide. Flonase changes everything. Stuart watch this. 1400 employees at the Carrier Corporation, the air conditioner people this is in indiana they just learned that their jobs are being sent to mexico. Watch this. Became clear that the best way to stay competitive and protect the business for the long term is to move production from our facility in indianapolis to monterey, mexico [bleep] stuart well, you can tell that was a sharpedged reaction. Those workers were just learning right there and then, management came out and told them, hey, your jobs are gone, theyre going to mexico. In response, a director from the un you want to tell me why . Thats right. Of Young Democratic millennials in the general election sanders versus republican its still a 15 spread so i dont want to throw my generation under the bus but if you look at Bernie Sanders speeches and what he focuses on, 70, 80 of his core competence is focusing on the problem. For example, hell say over and over again, we have a broken Campaign Finance system, so really i agree with this diagnosis. I think his solutions are completely off base and with young people in particular, hes channeling a deeprooted anger and distrust of the washington political class. Hes the insurgent candidate and able to come across more authentic and effectively than one way or the other quite frankly she did not get more than 12 of the Millennial Vote in iowa. Thats just astonishing when you look at the resources she put towards that. Its amazing. Stuart hold on for a second, charlie, ive got kiersten with me, former miss america. Why are large numbers of millennials supporting Bernie Sanders . Bernie sanders is talking about the issues that they really care about and offering them for free. I mean free college. The average young person has about 30,000 in student debt when they graduate. Thats a huge loan. Also health care reform. Free health care. Campaign finance reform, which is isnt an issue of free or not, but really keying into this issues. I think thats why they like him and also you have to look at the psychology of millennials. Its all about the sharing economy; right . Its all about looking to google, looking to facebook, looking at the internet and sharing information. Thats really their mentality and why theyre more drawn to bernie. Stuart hold on a second, kiersten. Back to you, charlie, kiersten just said millennials are collectivists. I would take note of that. This is a generation that enjoys the fruits of capitalism and simultaneously using the tools to bash socialism. I will say this. Young people if argued correctly could be capitalists. They believe in customization and initiative that i must have my burrito bowl, my cell phone, or my smartphone customed exactly as i see fit. Now, they might be enjoying technology that incorporates Different Things sharing Different Technology but quite frankly enjoys more free fruits stuart obviously. Uber and netflix and if you look at Bernie Sanders whole message going back to this archaic onesizefitsall policies that keep young people from enjoying the young technological advancements. Stuart in part this is a republicans failure, youre going to get a job with republicans. Theyre not talking about issues the same way democrats are. Heres the the hope i see for our generation. They love instant gratification, and they get that as a result of the free economy as charlie just said and also like what the government is going to be like, all this free programs is going to be instant gratification. Its not. So when they fail to perform, the way the millennials expect, were going to see a huge shift down the road. Stuart charlie, we thank you very much indeed for joining us. Your collectivist generation. Not if i have anything to say about it. Me neither, charlie. Stuart thank you very much, everyone. Appreciate it. Now this. Martin shkreli has trouble with the irs. He owes tax money. Maybe that will wipe that little smirk off his face. Well be back can a business have a mind . A subconscious. A knack for predicting the future. Reflexes faster than the speed of thought. Can a business have a spirit . Can a business have a soul . Can a business be. Alive . Competitions close the markets are closed but fox business is open. And right now we do have futures trading. Looks like we are set for much higher open tomorrow morning. 16,104 the dow higher right now 200 points. Oil sitting right below 30, very close right now. This could be the story tomorrow because look at what gold is doing. Sitting right above 1,200 bucks. Gold right now is more than 100 for the year. So story could be actually the safety trade of gold look at this markets they could be higher. And gas 1. 69, that the National Average of regular and the cheapest gas in the u. S. 1. 12 in okay. Theyve got the cheapest state average at 1. 37. Pope francis in the mexican city. Varney company will be right back. More varney after a quick break [vet] two yearly physicals down. Martha and mildred are good to go. Heres your invoice, ladies. A few stops later, and it looks like big ollie is on the mend. It might not seem that glamorous having an old pickup truck for an office. Or filling your days looking down the south end of a heifer, but. I wouldnt have it any other way. Look at that, i had my best month ever. And earned a shiny new office upgrade. I run on quickbooks. Thats how i own it. When i went on to ancestry, i just put in the name yes, we are twins. Of my parents and my grandparents. I was getting all these leaves and i was going back generation after generation. You start to see documents and you see signatures of people that youve never met. I mean, you dont know these people, but you feel like you do. You get connected to them. I wish that i could get into a time machine and go back 100 years, 200 years and just meet these people. Being on ancestry just made me feel like i belonged somewhere. Discover your story. Start searching for free now at ancestry. Com. Stuart bad news for the former drug chief Martin Shkreli. The irs says he hasnt paid his taxes. How much does he owe . A little more than 4. 6 million right now. The irs filing documents gawker the website getting ahold of the documents, publishing them, 4. 6 million in back taxes, this is for 2015 also for 2014 he owes money as well. Having a bad night, by the way. His credit card was stolen supposedly hes been on twitter saying whoever got his credit card number, hes going to go after him and supposedly scammed by this whole thing with bit coin and kanye west. Been a very, very bad day for Martin Shkreli or we can say it has been a bad year for Martin Shkreli. Stuart you can say that. 4. 6 million, theyre going to go after his property and everything hes got. Ho you do you pay when youve got those kinds of bills . Stuart i dont know how you do that. But gas prices continue to drop across the country. Jeff flock is with us. He said about an hour ago on this program that the price fall is about to stall. Explain yourself, jeff. Well, im going to critic myself because after you embarrass me last hour and said it wasnt low enough, i went to find the lowest gas price in gary, indiana, there it is 1. 35 at third street gas, i may be robbed before this is done, though, because its a rough neighborhood but the price is low, i hope youre happy. Stuart im very happy. You know how i like cheap gas. I want you to go out there and look for 99cent gasoline. Look around. Come on, lad, get out there and look. Okay. Im on it. Stuart all right. Dont freeze to death because youre not likely to find 99cent gas yet although were hoping. And if youre cold stuart im suffering from this. My next guest has american muslims in the streets against islamic terror. Zuhdi jasser is with us. Zuhdi, we want you to give us an update because we want to see muslims in the streets saying were not going to take it. We dont like this extremist stuff. Give me an update. Well, thanks, stuart, and, you know, listen, im a cup half full kind of guy and our Muslim Reform Movement is getting traction. We not only have also leading signatories in United Kingdom and denmark, but we are beginning to come together as the movement of reform against political islam, against radical islam. So i think whether it be on social media, whether it be from pounding the pavement or growing, but i have to tell you. Do we have the masses to go to the streets . Not yet because the forces of Political Correctness be they from the pandering politicians on the left, the regressive left, be they the extremes in europe well see the movement, the nationalist movement that is somewhat causing muslims to get on the defensive. I think, unfortunately, many of the Muslim Community have not felt this urgency the need to push back not only against terrorism but the ideology of jihadism as well as and were still trying to get some more traction as you want really is reform of islam from the inside. Not saying we want extremism. You want the basic tenants of the face reformed. Am i going too far . Well, i think the faith as a spouse of saudi arabia, iran, from the Islamist Muslim boarder, those need to be reformed. Us muslims comfortable in the west, we have reformed our fate. The problem, though, is the petroislam, the groups that are funded from abroad that are really apologous for the state of islam. Just yesterday you had the leader of the Islamic Corporation saying we need to disconnect islam from terrorism. Well, listen, hes from saudi arabia. His country basically pushes for there an ideology of jihadism which is the elephant in the room that is creating the isiss of the world. So we cant defeat the terrorist symptom unless we counter the ideology of theocracy that dominates so many of our muslim communities, not only broad but here in america. Stuart you know, it has to come from america, doesnt it . It really does. Stuart because i dont think european muslims are in a position to do this, i dont think they feel that way but american muslims thats where it comes from. Last to you. These we need to find that theres a from the Defense Intelligence agency that we are more at risk now than ever before. Well, unless muslims wake up to defeat this political ideology of political islam, we are going to continue to be more than ever before. Stuart zuhdi jasser, we appreciate you coming on. A brave man. Thank you, stuart,. Stuart a vacancy on the Supreme Court might give an advantage to the democrats. That would be my opinion at this stage. More on that in a moment in new york state, we believe tomorrow starts today. 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Go long™. Stuart the pope is in mexico. You are looking at live pictures. The pope, the holy father is celebrating mass as we speak fairly close to the southern border of mexico of guatemala. Wednesday he goes on to visit the u. S. Mexico border andappen. It will be in juarez, mexico. Stuart despite the passing of Supreme Court Justice Scalia, the Supreme Court must continue to rule on cases. Attorney richard roth is here. Technically theres only eight members in the Supreme Court now. Correct. Stuart so its a four, four tie, what happens . What happens is it will essentially be the ruling of the lower court. The circuit court. Theres 12 circuit courts of this country. The ruling of the lower court will be the prevalent law. You wont have a decision by the Supreme Court. Stuart theyve ruled i think issued a ruling on the Abortion Case out of texas. Which would have cut the number of abortion clinics in texas from 40 down to 10. Correct. And if that continues and if theres a four, four vote. Stuart yeah. Then what will happen is it will remain the same. Stuart and they will cut the number of abortion clinics from 40 to 10; is that correct. Thats correct. And the more overtime pay. Right. Thats under the fairly standards act. There was a dispute, a litigation if you will over whether or not you should actually include the preparation of the workers in their time they were working. Stuart right. And it was ruled in favor of the workers. So, again, if its a four, four vote, the workers will prevail in that circuit for that decision, on that issue. Stuart religious freedom. Contraceptives must be delivered from religious institutions to their employee. And that was the ruling. Now, if its a four, four tie, that stands . Obamacare wins thats correct. Stuart that would be a big deal. These are big deals. This is a you want to talk about making the heat hotter . Scalia leaving now, especially in this time period with the election up coming is a monumentous thing. He was one of the most conservatives on the bench. So now with him gone, were going to have a lot of issues that are either 44, one hagen stepped down and recused herself, but its going to make very interesting. Stuart immigration, the lower court ruled that president obama could not shield 4 Million Immigrants from deportation. In a 44 split, he loses on immigration. He loses that one, thats correct. And the thing thats interesting is there are so many 44 splits. We have the four liberals, and we had the five conservatives. Now its a 44. So the immigration one will be a big defeat for the administration. Absolutely. Stuart but kennedy is swing voter. I wouldnt always put him in the conservative camp. He is a swing voter. Thats good. I put him more in the conservative camp but he is if you will a wild card. You dont know which way hes going to go. But as far as immigration goes, it will be a bad thing for the administration. Stuart i say there will be no new appointee in this year, what do you say . Mitch mcconnell agrees with that. There may be two elections three elections, one for president and one for the Supreme Court position because thats going to be hotly contested. Stuart thank you very much for coming in on this difficult situation. Appreciate it. Thank you. Stuart more varney after this opportunities arent always obvious. Sometimes they just drop in. Cme group can help you navigate risks and capture opportunities. We enable you to reach Global Markets and drive forward with broader possibilities. Cme group how the world advances. Stuart yes, we are live because the markets are acting. They may be closed. But if you look at that, were going to open tomorrow morning. I think we can say were going to open fairly strong. Up 190 odd pointers. Thats what the futures look like right now if you believe the numbers. And heres the thing. Weve had such a massive selloff, a painful selloff, are people ready to say okay. Enough. You always look for, quote, unquote, the bottom but this has been a very brutal, brutal january beginning to the year. The storys going to be oil tomorrow. Thats still going to be the story. That will change it up. Stuart and thats why youve got to have a live program like ours for heavens sake. Youll be ready. Stuart do you want to watch a show that has been taped three years ago . I believe the opposition, our competitors are offering that just. A threeyearold show. Not us. No. We were here on president s day live and so too with Charles Payne in for neil cavuto fresh off his generating success when he anchored this show last week. Go for it, charles. Thank you very much and welcome. This is president s day. And this is cavuto coast to coast im Charles Payne filling in for today. Well, yes, the markets are closed but weve god you covered on this president s day because remember its your life and your money. And we begin with Justice Scalias seat. It only took president obama 30 days to announce his two prior Supreme Court picks, peter barns is live in washington d. C. Right now with when the president might react. Peter. Well, right now the white house is only saying that the president will in fact due time. Let me read you the statement from the press secretary schultz when all of this broke