and she was at the head of the irs scandal. and still is. what happened to the housing recovery? still in place, not bad. "varney & company," it's about to begin. >> top of the news, defunding obama care, dividing senator republicans. and he wants to kill the bill and is willing to do anything, including shutting down the government to keep obama care from going into effect. listen to what he had to say last night on hannity. >> i'm going to use every procedural means available to me to fight this fight and this is a multi-stage fight. everything including filibuster. this is a multi-stage fight. stuart: on the other side is senate minority leader mitch mcconnell, republican. the push to defund the law will not succeed. he will vote for stop gap measure to keep the government open. >> i understand why people want it changed, but the fact is, for now, at least, it is the law. and it's the president's constitutional duty to enforce the la you. stuart: that's the debate within the republican party. it's intense. here is the time line. it will play out in the senate all week, one week from now, the house will get a bill. which likely will not include defunding obama care. harry reid expected to run out the clock and make the house choose, shut down the government or pass a bill with obama care in it. about a week to go. pop quiz, where are the four richest counties in the united states? did you get the metro area d.c., you've got it right. arlington virginia, number one. median income over 137,000 a year and that's 10,000 higher than any other county in the country. and in virginia, howard county maryland. fairfax county virginia, round out the top four, all of them $120,000 a year is the median or more. and these are dormitories for federal workers and lobbyists. the huntington county, new jersey, 60, 70 miles west of new york city. will they be off and running like peyton manning and the bro broncos? the opening bell is next. ♪ [ villain ] well mr. baldwin... it appears our journey has come to a delightful end. then i better use the capital one purchase eraser to redeem my venture miles for this trip. purchase eraser? it's the easy way to erase any recent travel expense. i just pick a charge, like my flight with a few taps, it's taken care of. impressive baldwin. does it work for hotels? absolutely thank goodness. mrs. villain and i are planning our... you scare me. and i like it. let's go what's in your wallet? [ male announcer ] now, taking care of things at home is just a tap away. ♪ introducing at&t digital life... ♪ ...personalized home security and automation... [ lock clicks ] ...that lets you be cloto home. that's so cool. [ male announcer ] get $100 in instant savings when you order digital life smart security. limited availability in select markets. ♪ ...amelia... neil and buzz: for teaching us that you can't create the future... by clinging to the past. and with that: you're history. instead of looking behind... delta is looking beyond. 80 thousand of us investing billions... in everything from the best expeences below... to the finest comforts above. we're not simply saluting history... we're making it. i'm, like, totally not down with change. but i had to change to bounce dryer bars. one bar freshens more loads than these two bottles. i am so gonna tell everyone. [ male announcer ] how do you get your bounce? [ woman ] time for change! >> i have not done anything wrong. i have not broken any laws. i have not violated any irs rules or regulations and i have not provided false information to this or any other congressional committee. stuart: that was lois pleading the fifth in may. she's retired. will we hear from her again? probably. but right now she's getting a pension and health benefits. in a moment we're going to tell you how much. stay tuned for that. we're a minute from the bell. joining us from chicago, tray knippa, all right, oil prices near a six-week low. let's suppose that president obama shakes hands with and smiles with the president of iran. does that mean oil prices go down some more? >> not so fast, stuart. markets are smarter than that. the market participants know as well as anybody with half a brain knows that any discussion that happens between the u.s. diplomates and the iranian diplomates, both sides will declare victory. our side will say see how we reach across, and the iranians are going to lie. every part of their discussion will be completely false. it's just our responsibility to not believe them. stuart: oh, tres. you're music to our ears, telling it how it is. thank you, sir, come back soon. the bell has rung. trading has begun. no change in the early going, pretty much dead flat and we're expecting maybe a 20-point gain after they start moving. there's one stock that's moving. facebook. citi says buy it, buy facebook, buy it now. so, nicole, i trust that the stock is worth up more than a buck again? >> and at a new high, as well. and 2.6%, it traded as high as 48.56 and yes, citigroup said buy it and put a new price target $55 up from 32. which was a long time ago. they talked with other catalysts, including the introduction of video advertising and based on what they've been seeing those advertisers and agencies, they think that the numbers that they've sustained are more stable. >> who cares if we like video advertising or not. if they have the money they'll bid that stock up. >> you always say it like it is, stuart. stuart: i'm not as good as tres knippa. and itunes radio, people are listening, pandora doesn't like what's going on at apple and i think that pandora's stock is way down. >> yes, and pandora is down 1/3 of 1%. and they're updating the intel processor. stuart: i got pandora wrong, i thought it was done more, it's pretty much dead flat. nicole: it was hit hard. stuart: and two names which are moving. burger king, introducing lower fat french fries called s satis-fries. no change for the stock, we brought it to you for your information. chrysler, going public, blackberry has agreed to go private. that's a $4 billion deal. do you realize in 2008, blackberry was worth 88 billion? now it's worth 4.2 billion. 8 bucks a share as of now. and news for you on the housing front. case schiller's home price index. up about 12.4% higher than one year ago, that's the 20-city index. liz macdonald knows a thing or two about real estate, does she not? >> i hope so. >> and a price gain year on year. >> that's right. >> the recovery for housing is pretty much in place. >> looks like the highest sincing august of 2008. we're seeing april 2004 levels here, too, we wanted to know the biggest gainers? >> 20 cities to pick from, who went up? >> in this order, san francisco, los angeles, new york city is a laggard, down, but-- excuse me, it's only, new york city is only up 3.5%, stuart. stuart: and las vegas 27%, san francisco 24, los angeles. >> yes. >> up. >> a. >> an around 20, 21, 22% up for the three cities. >> i've got a related story and it's your story, citi is, they're going to announce layoffs to 1,000 people in the mortgage division. and you have the story. and suggested that the mortgage market was slowing down and that the housing recovery was slowing down. >> we broke this news on september 11th that there will be layoffs coming and what city is telling us, there could be more layoffs by the end of the year and can't project whether there had he a be more next year, bottom line, bank of america, now, citigroup being laid off as rates rise, and the refinancing business goes down. so, that means they have to cut back. clearly this is typical boom and bust remains to be seen. stuart: incredible. mortgages are what, 4 1/2%. you can't re-fi on that. >> right. stuart: my first mortgage in san francisco was 12 1/2%, that was admittedly a long time ago. >> are you still paying it? >> no, i moved. strong profits for a couple of home builders and presume that's moving those stocks? >> and lennar is doing better of the two we're following, kb home and lennar. lennar profits better than expected, from what we're hearing from the analysts and the orders for new homes rose 14%. kb homes, reported double digit growth. that's the winner for a moment i had that one down and i guess it's turned in the last few minutes. stuart: you moved the market, that's what you did. you opened your mouth and boom, the stock went up. that's power. and you have problems with that? okay. put your-- don't say anything, okay? and staying on housing, we have with us in our studio this morning, none other than david kotok with cumberland advisors. what do you say about the housing recovery. i thought it paused. >> we don't know that, mortgages and basis points are higher, stuart. an um can of months of that. there's a lag time between the mortgage interest rate and seeing the housing statistics. the housing statistics give you one picture, but that's a picture based on things that happened three months ago. stuart: if the housing market slows down, the number of sales slows down or the price increases stop going up, that's not good. >> no, it's not good and it's very possible. we have a lot to talk about the federal reserve, tapering, no tapering, less tapering. they shocked the market. may and june, had you gone to ben bernanke in the middle of may and said you're about to give a speech and launch fed speak and when you're doing the home mortgage interest rate in the united states will be a point, point and a half higher, do you want to give that speech? he would say, no, i don't want to do it and that's exactly what happened and that's where we are. so, now we have to construct the results of all of that conversation and as of today, no one can tell you what the federal reserve policy is going to be. taper, no taper, and that's when, how much, nothing. stuart: that's right, we all sit around this table every single day and we report what some fed governor has said here or there, and it moves the market. i don't know how-- you're a professional economist, how are you supposed to react to an environment like that? when you haven't got a clue who is going to say what next? >> there's seven governors and 12 presidents, i need a 19-headed coin to flip. it's as simple as that. the fact is we have never had such confusing picture on monetary policy. and i don't see how we get resolution of it for a number of months. we don't know who the chair is going to be. it looks like it's yellen. we have turnover in the board, turnover among the president. no policy clarity, and we're supposed to make decisions every single day. stuart: i'll make the judgment the handling of the success of the federal reserve has been very, very bad, but i've got to move on. one more question for you. >> yeah. stuart: if the federal government shuts down, say it's a short-term shutdown, does it get back on the economy? >> a few days, no. prolonged shutdown where you really shut down, yes. stuart: what's a prolonged shutdown? a month? >> weeks, measurable in more than a couple of days and by midnight tomorrow we'll have a bill. stuart: the odds are very slim at that it would go on for a month. i can't see it. >> i think the odds are very slim, and it may be-- >> oh, there was a slam, oh, i know where you stand on this. >> well, where i stand on nonpresident proofs. stuart: oh, okay. that's going to live on on videotape, okay? >> okay, i'll own it. stuart: yeah, you'll own it. thank you very much. >> thank you. stuart: all right, lois lerner officially announced her retirement. you'd never know that if you watched the evening news, no mention of the story from the three major networks. liz, you have the numbers on the health benefits that she's going to get. >> pension anywhere from 51,000 to $59,000 to 62,000. the reason the estimates vary because she could use her unused sick leave as a credit toward her final pension and she is basically being let go because of quote, neglect of duty. she still gets to keep her pension despite the neglect of duties allegation. stuart: and she's 62, i looked it up. >> yeah. stuart: she gets it for the rest of her life. >> that's right. stuart: and health benefits? >> health benefits as well around 72% of health costs covered along with her nonworking spouse. if she gets covered again, she may lose the health benefits. she stands to earn from the retirement from the pension alone and gets to keep it even if she's rehired elsewhere. short of treason, you cannot dock a government worker's pension. people have been taken to court over this and they've hired defense attorneys and federal workers to protect the government pension. stuart: gee, i wonder what the viewers think about that. and thanks very much. check the big board, and down 8 points and the futures indicated a gain of 20 points, but we're down 10 as of now, 15391. and president obama's supporters actually support him when they took office. will they support the left as they go into the elections next year? after the break, and look at mcinern mcinerney. dos she think that young people will vote next. clients are always learning more to make eir money do more. (ann) to help me plan my next move, i take scottrade's free, in-branch seminars... plus, their live webinars. i use daily market commentary to improve my strategy. and my local scottrade office guides my learning every step of the way. because they know i don't trade like everybody. i trade like me. i'm with scottrade. (announcer) scottrade... ranked "highest in customer loyalty for brokerage and investment companies." help the gulf when we made recover and learn the gulf, bp from what happened so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do. we've added cutting-edge technology, like a new deepwater well cap and a state-of-the-art monitoring center, whe experts watch over all drilling activity twenty-four-seven. and we're sharing what we've learned, so we can all produce energy more safely. our commitment has never been stronger. >> got to check out the price of gold for the gold report this morning. we're close to breaking below 1300 again. we're down 16 bucks as of now at 1310. a big name you know, down big, carnival cruise lines says profit is down 30%. carnival shares up 2% this year, but down 7% as of right now. 34 on carnival. here are the facts. president obama's constituents, the people who voted for him in large numbers, young people, women, minorities, they're worse off now than they were when he took office. compare that to ronald reagan's presidency, the same voters were better 0 of when reagan was in the white house. caley mcinerney joins us from miami. we spend a lot of time on this program telling everybody about young people, minorities, women. they're not as well off now as they were when the president took office. they are losing ground. we've detailed this. but what we could many to you for is the following question, will those people, will those constituents now vote against the democrats? can they move to the republicans? >> that's up to the republicans to decide, stuart and you know, if you look at exit polls after the 2012 ewilklectioelection, i very interesting. issue by issue, republicans won. mitt romney, voters believed he could better handle the debt and the economy. and yet, they voted for obama. there is a divergent number thought that obama was more in touch with them and that's the republicans' problem. the fundamental problem is democrats are framing the debate and voters do not think that republicans are in touch with them and that would be up to the republican nominee to reach out to them to empathize with them and connect with them in the way that ronald reagan did. he won women 2% the first time around and the second time. the connection we're in touch with you, we care about you, care about your husband having a job. we care about millenials going to college and the democrats are forming the debate and that's the problem. stuart: do you see any republican on the horizon? i'm not asking you to pick sides. do you see any republicans that are really reaching out and empathizing and bringing out strong feelings, positive feelings on the part of those constituent groups? >> yes, stuart, i hear it every day. when i walk around, university of miami law school campus, every day i hear students say, you know, that rand paul guy, he really resonates with me. i like what he says. he seems real. rand paul is a name i'm hearing left and right. he's the guy who is reaching out to millenials and they believe he's principled the not that i say i want him to be the nominee, there's a lot to be seen, but a name i'm erring had an of democrats and republicans, doesn't seem to be real and partisan. do you hear the name senator ted cruz mentioned much? he's out there at the moment. >> yeah, i do, especially with obama care. he's taking a stand he was elected for a reason to hold up conservative principles and he's doing it, taking a cray go us stand and that's what voters want t >> they want to see that, what happens if we get the government shut down and voters blame republicans, specifically senator cruz, how do young people feel about that? >> yeah, again, it's framing the terms. debate, allowing democrats to say, you know, we've done this, we're doing this, senator cruz has done an excellent job of framing this in terms of obama care, this is about democrats wanting to fund obama care so much that they are willing to shut down the government, whether that message resonates remains to be seen, but it's i am up to people like me, to say, this is about democrats causing this to happen, it's not about republicans. i think that ted cruz is turning it on its head and i think it's good, but it needs to catch on and depends on people like me, people like you, people in the media going out there and saying, this is what it is. stuart: i'm old, i mean, really old. i'm not in that group. >> you're not that old, stuart. stuart: many could back anytime you like. anytime you like. thank you very much, we appreciate your time. thank you. >> thank you, stuart. stuart: obama care or government shutdown? which is worse for the economy? my take on that is next. ♪ ♪ closing time, turn off the lights♪ >> if it's too hot out, the greenies blame climate change. if it's too cold, same deal, climate change. janice dean will join us from fox news, she's the weather machine. and lois lerner, whether whether she gets a lifetime of silence. and obama care, is his staff covered under it? what hurts the economy most, the government shutdown or obama care this is not political. it's not about winners and losers on the political front. this is about economic impact. shutdown or obama care, what hits your wallet most? here is my take. handsdown, it's obama care. far worse than even a lengthy shutdown. i think it will bankrupt the nation, but first, let's assume that one week from now, the federal government has closed its doors. 800,000 nonessential people will not go to work. they may or may not get paid for their time off. 1.3 million essential workers would go in and so would 1.4 million in the military. some government work would not get done and some would be delayed. that's the important word. a shutdown delays the flow of money. some limited short-term impact. obama care, that is an entirely different story. that's a rolling hit to the economy, it's already started. extra taxes hit us in january. more to come next year. and employers are already shifting to part-time work and some are restricting the number of full-timers that they take on. this has impact. and we haven't even started on the huge price increases that people face if they buy their own health insurance or the much higher deductible that most people will have to pay and what do you think the new entitlement is going to do to the deficit? now we're talking real impact. there is no question here obama care has had a huge and very negative impact on our total economy. shutting the government is a near pinprick. if you're asking that if obama care is owe bad, why don't i support the defunding effort? here is where politics come in. i disagree with tea party republicans. if you do not control the senate or the white house, you cannot defund obama care. and if the government shuts down, republicans will get the blame. i say delay it and if you can't delay it, watch it descend into chaos and wrap it around the neck of the left in next year's election. that's my opinion, how about you? . 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[ thunder crashes, tires squeal ] ♪ ♪ so, what do you say? thanks... but i think i got this. ♪ [ male announcer ] the all-new cla. starting at $29,900. timber 24 volume happy with the way things going? obamacare, decline of the middle-class, we are on all of that and have this for you as well. less lerner retires from the irs, great benefits, intimidated the president's political opponents, the judge is here on that story. will president obama meet and shake hands with iran's president at the u.n. today, american strength and weakness? obamacare of voters oppose it. most of our viewers the it. senator ben is here to defend it. 13 sandy, climate change or just plain old weather? we will bring in janice dean on that one and we have an appsmaker, the geeks' shall inherit the earth. stuart: look at the big board, not much change. we are down 18 points but look at the price of gold breaking below $13 an ounce, $13.14, that is the market now. charles payne is back, daily commentary for his subscribers and he says today in his commentary our economy is weak and that weakens us in the eyes of the rest of the world. apropos to the u.n. meeting in new york. explain yourself. charles: we peaked as chair of the global economy gdp, we have gone down dramatically ever since and you can see the sweater and other nations as they come to the u.n.. you couple what we are losing economically, what we launched militarily, those were the 1-2 punch is. a lot of people compare president obama's presidency versus jimmy carter's, jimmy carter gave his famous malaise crisis speech, we were still a shining star suspected of economic and military and people losing confidence in a different way. now we are losing confidence across the board. we should be aware of that because it can't continue in this direction. we can't be no. one forever. it is not ordained we be number one, we have to continue to do the things we did. stuart: do you say america is in decline and we cannot arrested? charles: america has put it in neutral and the world is on the way up and if we keep it in neutral we will look around one day and won't be as important as we used to be. stuart: more on this the rest of the program but i want to go to nicole petallides because technology rules. facebook, noaa is up sharply. nicole: new hy, 48-90, of to 49-33 getting closer to $50, citigroup the aba rating on the stock, $50 price target and talk about mobile apps download and the introduction of the video advertising, what they have seen so far looks very stable. stuart: and advertising deal between yahoo! and microsoft. >> they're working together and this is for advertising overall so this is the point of specification for digital advertising sell all three working together. yahoo! is a leader in the s&p 500 up 3.1%. stuart: i'm glad you didn't share microsoft because it is down, it is down 1%. thank you for sparing me. charles: brain ticker. you know one microsoft stock is trading. stuart: and when it doesn't trade, of day. for get microsoft. here's a question for you. could meeting between president obama and the president of iran, it happened at the u.n. today, it happened, i don't know whether it will not, would remove the price of oil to six week low, of the $102 a barrel, coming, sandra smith. if there was such a meeting would go down even more? >> the interval word and the answer is yes, it would go down even more. it would be seen as a very bearish activity for the market. if you want to see the russian president meet with president obama after the exchange what are considered pretty friendly letters, the viewpoint from the trading floor would be we might see some sort of agreement by the end of the week on iran at its nuclear weapons so bottom-line it could be a very bearish event but still a big if right now if they were to stop and talk. stuart: and shea could be interpreted as an agreement in the offing and that would take the threat of a total war in the middle east to some degree of the table. that is why it would go down if the meeting happened. >> absolutely right and there's so much bearish momentum in the oil market right now because production is up in the middle east, you have oil prices right now down another $1, looking at 102, people are talking about beating triple did territory and dropping below $100 a barrel. if you were to get a handshake today that could be something that would push us below the 1 and the dollar mark. stuart: it did come around lunch hour if it were to happen at all. maybe it wouldn't be on camera but might be reported and you will be reacting, thank you very much indeed. a fight to delay or defund obamacare is in full swing in the senate. overwhelmingly our viewers do not like obamacare and let's not forget in the country at large 63% of voters are concerned about their health care under the forthcoming obamacare. joining us is ben cartwright from maryland. i know you are a big supporter of obamacare. would you just tell our viewers, sell our viewers because crunch time is here. >> we need to debate health care in this country and hal obamacare fit into health care but we need to keep government functioning. does the. should be separate because the debate that has taken place today by a handful of legislators is an effort to shutdown government. and some are very popular. and expanding medicare to cover that coverage get for prescription drugs, helping small businesses get affordable care. all of that is popular, helping people who otherwise couldn't afford health insurance. stuart: one thing we covered on this program extensively as the negative impact of obamacare as it comes down the pike at us. far more hired for part-time jobs, employers unwilling to go above 54 times employees. exemptions for all kinds of groups from unions to your own people in congress. tell me, why is obamacare so good for america? >> when you compare it to where we would have been if we did not change this health-care system, where employees we are seeing every year there coverage the road and employers seeing premiums go up by double digits, that is what we had prior to the passage of obamacare, we're seeing a trends where health care costs are going down, the rate of growth. stuart: that is good news. i don't mean to interrupt the united states senator, i don't mean to be rude, but i can give you countless examples where because of obamacare people paying a lot more for their coverage and getting less in return. you are still gung-ho for it? >> absolutely. look at each individual case. i met with a group of business leaders this week and we went over some of the provisions and one of our employers showed increasing her premiums. we went over it. wasn't the result of obamacare. you need to take a look at the specific cases. for those employers of 50 or less there is no new mandate under obamacare. complaints that are not really relative. what we want to do is understand what is in the law and i will agree with you we should work together to improve our health care system but we are not going back to the days where insurance companies could rate on preexisting conditions and in cover preventive care. we are not going to go back to those days. stuart: are you and your staff covered under obamacare? >> yes. we are not -- we are under -- we have to join the exchanges. we were covered as federal employees as every federal employee should be covered under federal employees health benefit plan. it is a comparable plan to accompany the size of the government that provides benefits for their employees but a provision in the affordable care act requires the members and their staff to go under the exchanges. stuart: charles payne is with me chomping at the bit. he is very upset about something you said. charles: with all due respect you said you looked at the changes in the increase in premiums to small business and couldn't directly correlated to obamacare we were promised over and over again as the main selling tool that this was, quote, the cost curve. you got to take some culpability here. it has not been the cost curve. >> the cost curve actually has gone down but i am not taking credit yet because it is too worthy to take credit for what a trend line will be. but acknowledge the fact in the last couple years we have seen a slower growth rate in health care than we did the years before that. that is the fact. stuart: we appreciate you being with us. it is an intense debate and we're glad you are taking part in it. to nicole petallides, another stock hitting a new high, there have been lots of them recently, is this 5 materials? nicole: different time in the financial crisis but all i would do is report powder were layoffs and your dividend was cut and new lows, nice to say new high for applied materials, up 7% and never wanted the s&p 500, semiconductor company, the largest is now doing a merger with electron, tokyo electron deal $9.3 billion. of course they're trying to merge equal opportunity stocks because actually they will own 68%. and liz claman at 3:00 p.m. actually has the executive chairman to talk about this. stuart: we are there, thanks very much. go to new york city mayoral race, a national story as it should. new york city is the financial capital of the world. the next -- financial status. president obama officially endorsing bill deblazio, look what the new york times dug up about this democrat candidate. when asked at a meeting in 1990 about his goals for society said he was an advocate of democratic socialism. the guys on the far left. before he is on the far are far are left in the heart of the financial district. you want to see something, everyone in the country should be watching this. if you get this guy in office in new york city you will see how someone can dismantle the greatest economic engine ever created. that would be the united states -- new york city more particularly. the independent candidate who was a democrat, he has said this guy probably brutal dictatorship in central america, the political philosophy was inspired by fidel castro. this is a democrat who says as he is working for president obama he is warning yorkers listen, this guy is right out of a scene out of animal farm. stuart: bill deblazio will be the next mayor of new york city. he hates wall street. he hates the banks. he hates rich people. he is going to raise taxes, he is going to beat up on the banks more but the worst thing this man is going to do was rollback charter schools. i think that is the worst things that he is going to do. he sets of templates for the rest of the nation that is the tragedy. just the way i feel. lois lerner out. retiring after taking heat over the irs can the. question for the judge since she is now private citizen, not a public employee. does she have even more right to keep quiet? 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[ male announcer ] get the spark business card from capital one and earn unlimited rewards. choose 2% cash back or double miles on every purchase every day. told you i'd get half. what's in your walle ...amelia... neil and buzz: for teaching us that you can't create the future... by clinging to the past. and with tha you're history. instead of looking behind... delta is looking beyond. 80 thousand of us investing billions... in everything from the best experiences below... to the finest comforts above. we're not simply saluting history... we're making it. stuart: interesting development in the controversial obamaphone program which gives free cellphones to be getting government assistance. the program is filled with fraud. they get free phones, some people getting multiple funds, and we want to crack down on people who use the program and federal communication commission, going for criminal charges to be filed against anyone who defrauded the program, she is a democrat. charles is here, he is going to make some money with something called work day. charles: relatively new software company. david duffel, sold it for a fortune. the first time he had to fire someone, he actually cried. stuart: i should like this guy? [laughter] stuart: a welfare system. charles: put out amazing consequence which last for a subscription revenue up 47% in the margins on that. they are not making money yet but because the then they are revolutionizing work day stuff. time tracking, payroll, human-resources and all that stuff. judge napolitano: if you had to fire me would you cry? stuart: stop laughing. the next story is yours and it is not a laughing matter. irs officials are heart of the targeting scandal. lois lerner has retired. she is facing a lot of heat for her role in the scandal, she took the fifth when she testified before congress. is she even more entitled more right now that she is a private citizen? judge napolitano: as a technical matter know, she's not entitled to more rights but think about this. if you or i or charles foremost people in the country were asked by their non-government employer question is going to the integrity of our job performance and we refuse to answers those questions the employer could fire us. when a government employee refuses to answer similar questions to the integrity of the employees's job performance, that employees can claim the fifth amendment and the government doesn't fire. stuart: where did that come from? judge napolitano: to say where it came from it came from the constitution because she works for an employer restrained by the fifth amendment. the fifth amendment restrains the government from compelling you to speak. it doesn't restrain your employer from compelling you to speak unless your employer is the government. our employers here, our bosses here can say why did you come up with this? why did you say that? silence, you are out of here but if this was owned by the government, silence, we have a right to remain silent. stuart: as an employee of a private corporation i can not take the fifth -- judge napolitano: and the skate to scott free? that is correct. she works for the government, she can take the fifth because she no longer -- stuart: constitution in action, there you go. judge napolitano: she no longer works for the government she still has fifth amendment protection. there is the fifth amendment and there's the fifth amendment. remember how she invoked it? she proclaimed innocence and denied she broke the law and said she complied with irs regs and then she invoked the fifth so there's a strong argument to suggest she waved her fifth amendment rights by making that statement before she invoked it. stuart: she could be called back. she will be called back. judge napolitano: she will invoke the fifth again. stuart: her pension is roughly $60,000 a year. can't touch that. judge napolitano: she will get that for life no matter the outcome of this virus investigation. stuart: she is 62 years old right now. she keeps it for life. health benefits. if she works at another place she keeps getting that government pension. judge napolitano: absolutely. stuart: no matter what. health benefits, the government pays 72% of her health care costs and 72% for nonworking spouse if she has such a thing. that would be removed if she worked for somebody else. judge napolitano: here's what will get under your skin. suppose she is sued by these groups whose tax exemption status she inappropriately delayed. who would pay her legal fees? suppose she is indicted for some sort of fraud? who would pay her legal fees? stuart: don't tell me it is the taxpayer. judge napolitano: it could be the taxpayer. if she is indicted and acquitted she could make an application to the justice apartment to have her fees reimbursed, she would already have paid her defense lawyers. if she is sued and sued for behavior arguably within the scope of her government work and there is money for it in the budget, taxpayers will defend her. stuart: here is my position. this is not a personal thing about lois lerner. i believe she was part of a machinery of government which affected the election last year, which intimidated the president's political opponents and it is the president and his campaign who should pay a political price. judge napolitano: i agree with you but if what you say is true, if what we believe is true you can bet that the government will pay her legal fees because the government will want to reward those who did bidding. stuart: in this case. judge napolitano: highly inappropriate use of taxpayer dollars and 30 a year as we understand it, no trial yet, the allegations against her highly inappropriate behavior of a governmental executive. stuart: there should be a political price paid by the administration. judge napolitano: don't hold your breath waiting for this to happen, you will turn the color of that time. stuart: i got it for free but you can pay. stuart: we made the call yesterday on "varney and company". the dep shall inherit the earth. billion dollar businesses after the break, talking takeover of technology. she loves a lot of the same things you do. it's what you love about her. but your erectile dysfunction - that could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms obph, like needing to go frequently or urgently. tell your doctor about all your medical conditions and medications, and ask your heart is healthy enough for sexual activity. do not take cialis if you take nitrates for chest pain, as this may cause an unsafe drop in blood pressure. do not drink alcohol in excess with cialis. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, seek immediate medical help for an erection lasting more than 4 hours. if you have any sudden decrease or loss in hearing or vision, or iyou have any allergic reactions such as rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about cialis for daily use and a 30-tablet free trial. stuart: markets moved off since last time we checked, down 60 as of right now. that is the session low for the dow. strong profits at two home builders and those stocks are bucking the trend and are a. nicole: j. b. holmes, third quarter profit soared, prices increase, double digit revenue growth, looking at one of our also, interesting and chief executive stuart miller at lennar needs pompoms for his exciting statement, we see long-term fundamental demand in the market driven by a shortfall, new single-family and multifamily homes built over the last year. looking good is what he is saying and also talking about the backlog jumping 32%, those are ordered but not finished, they are looking good. these were darlings for a while, we were reporting over 52 weeks 70%, hundred% have been dogs for the most part, they haven't been that great comparatively but now it looks like they are picking up again. stuart: a victory lap when you describe america's premier home builders as dogs. thank you, nicole. i stated yesterday, that each shall inherit the earth. apples sold nine million iphones over the weekend, video game grand theft auto v a couple billion dollars in a couple days. will anything stop the tech takeover? nancy mcintyre is with us, develops educational air when for children, you just developed a new one, fingerprint for very young children. >> fingerprint mobile network for kids learning and play apps and we have -- stuart: how do you make the money? >> we make the money by aggregating the best in quality apps and take revenue share on everything in the network. stuart: that interests me. you got money coming in to these apps, people pay, about 100 apps on your mobile network and how about fingerprinting, people paid to use the service? >> yes. people pay to download the apps or they pay a subscription fee to get the apps and we take a revenue share for the platform and pay the developer. stuart: are you talking pennies per download? >> most are between the one dollar and $3. stuart: when you get piece of that. >> yes. stuart: you got a worldwide market for this sort of thing. >> absolutely. the market exploded for tablets and phones. you have seen apple sold nine million iphones recently. so the tablet on the phone, all kinds of mobile devices the, gaming system choice for kids all over the world. stuart: this is a gaming system for young kids. >> it is a gaming system. stuart: what are you doing to our youth and making money in the process? >> we are putting learning in the hands of the youngest. stuart: are you going to tell me how many employees you have got? one of the premises of this program we dwell on frequently is technology accumulates wealth, creates massive wealth but doesn't employed many people. i you in that boat? >> we have been in business 2-1/2 years, had 18 employees. we have done pretty good at driving -- stuart: when you are not going to tell me how much money are pulling over the transom but i take it is a big chunk of money per employee. the premise of this program. why are so few women in tech? stuart: a great question. tech has been dominated by companies started by engineers and up until this point girls have not gone into math and science at the same level boys have but that is changing rapidly. stuart: would you ever say that women don't go into mack for engineering in such numbers because they are not suited to it? >> i have are financed agree. i went into a tech and i think when i was in college finance was on male-dominated industry and based on your reporters alone we know that it is no longer -- stuart: when you don't write the code for the apps. >> i don't need to. stuart: you are nodding tech. >> i run -- stuart: when you are not a tacky. browbeating you here. you are not a tacky. >> i am user and a builder of product in the technology don't need to know the code to do that. stuart: that was a define defensive position to take. nancy mcintyre, fingerprint the name of the apps. >> fingerprint the name of the network. stuart: when you have got your own mobile network. >> our own mobile network and a new mobile network in southeast asia with apps. stuart: you are concentrating and accumulating wealth in a rapid agree. >> let's hope so. stuart: that is why you are on this show. it was a pleasure, thanks for being with us, do appreciate it. never walk across the camera. is it possible president obama may shake the hand of iran's new president today at the un? big shift. as the united states lost its exceptionalism? are we getting weaker? what do you say about that? we will have after the break. america is exceptional because it has a rule book, the constitution, designed around the principles of liberty and freedom. america has stuck to those rules above all. america is exceptional because it allows individuals the freedom to make what they can of themselves. nascar is about excitement. but tracking all the action and hearing everything from our marketing partners, the media d millions of fans on social media can be a challenge. that's why we partnered with hp to build the new nascar fan and media engagement center. hp's technology helps us turn millions of tweets, posts and storieinto real-time business insights that help nascar win with our fans. ...amelia... neil and buzz: for teaching us that you can't create the future... by clinging to the past. and with that: you're history. instead of looking behind... delta is looking beyond. 80 thousand of us investing billions... in everything from the best experiences below... to the finest comforts above. we're not simply saluting history... we're making it. stuart: where are the four richest kelpies in america? dc metro area, you were right. according to the senses government numbers, va. $37,000 a year, the median income, $10,000 more than any other country in the country. howard county, md. fairfax county, va. the top four. all of them $120,000 or more. that is why these counters are dormitories for federal workers and lobbyists. charles was just there. charles: we were driving down one road and i counted nine cranes. i swear reminding me i wasn't dubai 12 years ago at the peak, it was just like that. you talk about d.c. everyone is rich and happy and young d.c. still the dark country because over 50% black population, you don't see them anymore, they moved out in their districts suffering in the worst poverty. this is the obama economy, raise taxes and the elitism. talk about income inequality, favorite topic of the left, no place is worse than washington d.c.. the top 5% earn 29 times the bottom 5%, 29 times the bottom 5%. that is washington d.c. what the rest of the country would look like and it does. if you look at all the income inequality in this country, these are municipalities, states and cities run by the left. amazing. stuart: why haven't you got this message out to america? stuart: it is really amazing and it is sat in so many ways and yet it is the antithesis of what they say they are trying to do. stuart: exactly, the opposite of what they say they are doing, the exact opposite. president obama could, this is a remote possibility, we are speculating, possibility of a meeting with iran's president at the un general assembly may be today. could be, would that be a sign of weakness? former state department adviser joins us. if it happens he shakes hands, friendly smile are we looking week? >> i think so because people know what is coming which is more than an encounter at the u.n. but talks with an unreformed unrepentant regime hellbender on nuclear weapon. stuart: we are in defensive posture. the president wants and agreement with iran, he wants diplomacy because the quest amass he has made in syria. we look week. i deliver not my take on exceptionalism. i say america is an exceptional country. i don't think president obama believe that. >> i certainly believe it is true, john winthrop who should be a city on the hill, said that before, there was the united states when it was still messages they colony, fast-forward to ronald reagan who said repeatedly this is the last best hope for freedom, we defend freedom here or it is gone. every american president it said jimmy carter who wanted to accept american decline and barack obama who believed in american exceptionalism, obama said i believe in american exceptionalism just like greeks the leading greek exceptionalism which is a clever way to say he doesn't believe it at all. stuart: would you believe america at this moment, the american people want what president obama is offering? they want diplomacy? they want retreat? they are not uncomfortable with decline. is that your judgment of america today? >> we will reject that and bounce back and if you talk to the american people they have a much better sense of reality and washington so they know when you have a bully like iran which the americans hostage and never paid a price, the american hostage in beirut and killed americans in thes which killed hundreds, thousands of americans through their proxies' in iraq in the last decade, talking to a bully like that before they make any sort of real change other than this veneer of change the snow were. stuart: charles: we as a nation have lost our stomach for physical confrontation. think of how many people died in gettysburg and i remember when the death toll hit 1,000 in iraq ended in 2000, that was it, throw in the towel, bring the troops back home, nothing is worth losing 2,000 soldiers for. the rest of the world sees this and knows this. >> that is being telegraphed by president obama just like clinton with his tomahawk diplomacy law and a few missiles that tends in afghanistan after usama bin laden or pharmaceutical companies in sudan and look like we're not willing to risk anything but the american people believe in a plan and the problem on the right paula don't think the american people john mccain's desire for no-fly zones because that doesn't lead to anything and him outside on the grounds but if they're given a reason, think of what happened after 9/11 coming together of if americans have a cause that is clear and direct, that will broaden the sacrifice considerably. stuart: america is going to accommodate an iranian new, america is going to accommodate the syrian dictator with chemical weapons. what say you? >> that is right. it is un fortunate. a lot of people presume israel will strike but i don't think benjamin netanyahu wants all of this on his shoulders with no allies at all to strike iran and set back the nuclear program. we should be thinking about non-violent political warfare against the iranian regime like what we did against the soviet union to end the cold war. stuart: that is the subject of your book which was just published, smart power, diplomacy versus war. >> that is right. a look at buying back the real threat out there, iran, china, islamists and how these tricks from our past that don't involve work. stuart: when you think you can beat them with diplomats your tricks as you call it? >> with political warfare are people of iran, not terribly jazz with the regime and look at tehran, the emerging class which supported the islamists, the clerical with team that took over in 79 that support has been a bleeding but you need support from outside internal defense and it doesn't happen if you are cheerleading and bullying air kisses at the regime. stuart: thank you for joining us. if you are greenie is all about blame game. how about wildfires? that is global warming. a heat wave is climate change. more ice in the arctic? the planet is getting warmer. i don't know how that works that that is what they say. janice dean is next and she is going to set the record straight. 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[ static warbles ] stuart: the terrorist group behind militant fighters are still holding out despite reports from the kenyan government that there forces are in control. and more on saturday, the fact leaving at least 62 people dead. the widow of the late frank lautenberg who was a millionaire will be receiving a tax-free payments of $174,000. this is part of a congressional statute paying death benefits to lawmakers families. government watchdogs are raising the alarm calling for an end to those benefits. the winner of last week's power ball back but stepped up to claim his prize, a man who lives in south carolina chose to remain anonymous. he says this was the second time he ever played the lottery, hundred million dollar jackpot was the fourth largest in u.s. history. up next, senior meteorologist janice dean, climate change. stuart: he wasn't here yesterday still waiting till today to blow in front of charles payne over my football picks. as i recall somebody said the ravens would not be accused and roll it, please. charles: the ravens. stuart: world champions, they are going to beat houston. charles: got to go against you on this. stuart: doesn't know what he is talking about. the jets will be buffalo. charles: throw the ball, he is young, he lost the ball like a loaf of bread like the is trying to do that. throw the ball! stuart: he did throw it. the jets won. charles: he did listen to me but you are like the guy who won the lot of. you're first time up you did pretty good. i agree with brian from yesterday's show, doing consistently. i tip my hat to you blew away a lot of people with your stock picking, football picking. charles: you are right on that. stuart: blew the way. this is true, it has been a mild hurricane season. global warming alarmists are crying foul, seems no matter what happens with the weather is always climate change. fox news senior meteorologist janice dean is here, the author of a new children's book titled freddie the frog. you get hurricane sandy, it is climate change, it is global warming, those nasty emissions. is it? >> in my opinion no. hurricane sandy did not happen because of climate change which happened because we had atmosphere in blocking, high-pressure in greenland that made this storm kind of backtracking to the northeast and it was a hurricane and it became a hybrid of winter storm and tropical storm and it hit of very highly populated area and cause a lot of damage but if you recall we had the great new england hurricane in 1938 that caused millions of dollars worth of damage, killed 600 people and was a major hurricane when it made landfall and are we blaming that because of climate change? i have also heard the colorado floods climate change. it was the blocking pattern across the u.s.. we had high pressure across south central u.s. call flow which means a low pressure center just sat there and stayed for days and days and days and brought in all this tropical moisture not only from the gulf but the pacific. stuart: you must get this question all the time. is it climate change? anything minor out of the ordinary happens and it is climate change. i submitted is not. it is whether. the weather is always changing. >> i study patterns in the atmosphere and the weather is balance. if you show me an area where we have seen extreme heat i will show you another area on the planet where we are dealing with extreme cold. same with floods. here is an area dealing with a lot of moisture, i will show you the plains states where it is very dry and areas that are average. i study weather patterns. stuart: when you are our senior meteorologist so why is the senior meteorologist of fox news channel writing a children's book freddie the frog? >> i want to introduce the brevity and her children. you have a woman on here talking about technology about how kids need to study science and math, and i want to introduce those in the form of whether. that weather is a lot of math and science and kids and young age are interested in what is going on in the atmosphere so freddie has been studying of the weather since he was a tadpole and likes to compare his frogcasting with that of the news network who is there a senior fraudcast and he helps to save the town picnic from a thunderstorm that is moving in. want to make sure they are prepared. stuart: pictures with a narrative taken forward in the story. that is what you have got. >> the illustrations, amazing and iconic, no dissertation on global warming at the back of the book. there are simple definitions of terms i use like a cold front and warm front, high-pressure or low pressure so kids can understand what is going on. charles: i know is going to be a great book because she is multifaceted. has been down pretty good on the funniest reporting composition. >> you do a great job. sandra: knows the weather. charles: i have 7 grandchildren and i want a copy of freddie the frog said the cast for each of them. >> you have that graft free. stuart: of course. before trying to sell the judge's tie. 243. >> this is a nice interview. i might give you a few copies. stuart: senior meteorologist at the fox news channel, ladies and gentlemen. >> have you back. stuart: we will do that. the army crackdown on wait for it, tattoos. i could not be happier. that is coming up. look at facebook. it is up 5%, close to $50 a share. we will explain it all in a moment. but have the audacity to believe your financial advisor should focus on your long-term goals, not their short-term agenda. 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[ male announcer ] get $100 in instant savings when you order digital life smart security. limited availability in select markets. ♪ stuart: the army is banning visible tattoos below the knee and below the elbow. the cost of their own tattoo removal to fit the new restrictions but existing tattoos may be grandfathered in. i know it test tattoos, a support this ban. charles: i support the ban 100%. six 70-1, with the removal of their considered extreme car racist, sexist, anything like that you got to have a removed and a fourth. who wants to see if that sticking out side of a military uniform? there's a distinction and honor that goes with serving and if it has no place -- stuart: un die are in agreement on this one. we are wrong about the fed the tattoos you are right. stuart: one of two is in bad. stuart: this is the box of the fattest fries from perking. charles is going to eat one after this. with felity's guaranteed one-second trade execution, we route your order to up to 75 market centers to look for the best possible price -- maybe even better than you expected. it's all part of our goal to execute your trade in one second. i'm derrick chan of fidelity investments. our one-second trade execution is one more innovative reason serious investors are choosing fidelity. now get 200 free trades when you open an account. ...amelia... neil and buzz: for teaching us that you can't create the future... by clinging to the past. and with that: you're history. instead of looking behind... delta is looking beyond. 80 thousand of us investing billions... in everything from the best experiences below... to the finest comforts above. we're not simply saluting history... we're making it. stuart: we've brought back a large container of fries. the low calorie french fries that goes on sale today at burger king. i have already handed one to charles. he and i, together, will now sample them. charles: it is okay. i give it a c+, maybe. don: no difference, really. is there? charles: i do not know that mcdonald's has anything to worry about on this one. stuart: thank goodness we are out of time. connell, it is yours. connell: mcdonald's has nothing to worry about, says charles. i do not think rachael ray has anything to worry about. the government is just too powerful. how about that? a record amount of americans believe just that. we have more on the new burger king fries coming up. economic impact and everything else ahead this hour. then there is oil from libya. it is coming back on the market earlier than we expected two. all of that coming up on this hour of markets now. ♪

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