her comments are outrageous. debbie wasserman schulz hit a new low with her comments about scott walker. this is the sound bite that has everybody talking this morning. roll it. >> scott walker has given the women the back of his hand. that is direct, but that is reality. republican tea party mike scott walker, grabbing as by the hair and pulling us back and is unacceptable. stuart: monica crowley is here. my first comment is that is disgusting and outrageous but also in my opinion a sign of desperation. >> it is low even for her. she has come out with some real ones that this is particularly outrageous because what she is saying s not so much does this or that, but was making an accusation against him. essentially insinuating or accusing him of being a wife beater. weiner democrats like dan wasserman shall engage in this despicable language and accusations all the time but for her to go this well, what democrats trying to do is resurrect the old war on women which worked for them in 2012, lost a lot of fraction. they have got to get women and minorities out to vooe in november because this is an off-year election. democrats are in desperate shape so this is what they do, resort to these tactics. stuart: democrat senator kay hagan is fighting a tough reelection battle in north carolina. listen to what she said when asked about the situation with isis. >> what the president does need to bring up plan and i am ready to support -- i have to see what it is but i am ready to support and do what needs to be done to take isis out. stuart: she was in opposition to the president's policies on immigration. this is becoming a flood of democrats at the highest level moving away from president obama two months to the election. >> she is in a very tight race which explains why she is trying to the more hawkish on isis and foreign policy because she is watching the president absolutely failed to lead, indecisive, so it is not just her, not just vulnerable democrats but democrats across the board, dianne feinstein in california, chairwoman of the senate intelligence committee, she has come out, you have democrats acrrss the board even on the far left saying this president's inaction, his inability to apply military force against the direct and imminent threat like isis is putting american interests in harm's way, terrorism is something every american can relate to after 9/11 and this president is not just hurting the country but hurting his party and they know it. stuart: if you match up a generic republican against a generic democrat as of now, republicans have a four point lead. the same generic poll in 2010 when the republicans really did sweep they did even so they are replicas position now than they were four years ago. >> it doesn't sound like a lot except when you realize it is generic and then what you realize if that four points israel, you may be looking at a way of election for the republicans. stuart: that is a factor in the stock market because it looks like the republicans win and the market straight up. economic numbers have been promising of weight. corporate profits really solid. democrats are in disarray. that is helping stocks in my opinion. dow industrials right now all time high, that is an intraday all-time high, 17150, same with the s&p 500, all time high again. 2010 is where we are in the s&p up 10 points at the moment, price of gold not moving much today and the ten year treasury the yield is still around 24, known 44 moving up a little bit. i think we are at a pivotal point. the economy may be about to show more strength. the official numbers do good. charles payne is here. i still think there is at disconnect between the official numbers here and what means street is feeling down herr and you say? charles: main street what they feel and what the reality is is different. look at the stocks that are, j.c. penney, they sell dress shirts and ties, costco, amazon stocks are up huge because -- they went there last month. do you guys know last month americans took $17 billion out of stock market mutual funds earmarked for american companies and put in $74 billion in foreign companies. out of american mutual-fund. etss of all the money, only 4% went to u.s. equities. all of it went into -- stuart: the wrong move. charles: they are to your point even those who are vested in the markets say america is in the wrong directions so if i am going to make a bet i would rather bet on russia and china than america. stuart: should i be quiet? quit whining about their shrinking the middle class? charles: it is not you. it is coming from washington. double, what is the most important thing at this moment? non economic issues, 71% and that does impact how people feel. a lot of people missed the rally because they feel for or less hopeful than they really are. i wish people would stand up and know the week unchanged this and fix this. are we on the wrong path? absolutely. will be followed for cliff know we are not. stuart: sound like you're doing a promo for your show which airs at 6:00 eastern time tonight. let's get the banner of, making money with charles payne weeknights. charles: i have been on for mo. there is no track record in the world better than the free ideas i have given people, 1 million people a night to be watching, these stocks are not just of but the market up 20, 40, 50% in three months. people are so intimidated and afraid they're shooting themselves in the foot. stuart: we hear you and we will be watching tonight. president obama and britain's prime minister teamed up and ever in a strongly worded op-ed titles we will not be cowed by barbaric killers in today's times of london. here is what they write, quote, we must be prepared to deploy our special forces, invest in smart defense and strengthen the capacity to tackle local conflicts through a new defense capacity building missions without partners. that is a toughening of the rhetoric for president obama and notice the reference to special forces, boots on the ground, in the times of london. >> he is in a political box because barack obama was the anti-war president, the anti-iraq war president and when he came out originally last week with that very tepid statement about isis david cameron came out the next day. that is what real leader looked like and i think obama was a little ashamed and had to come out a little stronger but it is about actions so when he is talking boots on the grounds you cannot fight this threat. strictly from the air. our air power is. but you can't do it just from the air. you have to have. on he ground to coordinate -- stuart: agree with you. . on the ground he has lost the left, the democrat party. >> if there's an attack on the u.s. homeland and the country is lost and there goes his legacy. stuart: i am sorry. charles: the idea they had to write an opera is an embarrassment. isis is winning this game right now, crush them today. stuart: a new gallup poll, this is the low in this poll for the president's approval rating, down 39%. is bad news when it drops below 40. >> when any president goes into the low 40s or i 30s it is the danger zone. is not something that you can't overcome with the right leadership and correction of course but for this president there are so many things, not just losing control vises and the threat to the american people with this threat, but the stagnant economy which you talk about everyday. it is a combining a fact that now the american people six years into this residency are looking at it and saying the emperor has no clothes. stuart: you have two months before use week. >> i am a conservative and hope we survive, literally survive as president for the next two years. stuart: is not that bad and you are smiling. >> i care about my country very much. this president would toughen it up and annihilate threats like cases. stuart: take a look at stocks, first of all tesla is expected to choose nevada with the site of its $5 billion battery factory. you on not done yet. that is a win for harry reid. >> i don't knows this to be true but i assume he was lobbying tesla for this. tesla light of the democrats with what they do and i know someone who has a test lab and loves it, very expensive car but this person really loves it, fantastic product. the market will work that out but politically this is a win for harry reid and his state. stuart: i know why nevada won. charles: harry reid can take the victory lap all the wants but california in california and nevada corporate tax, 8.8% in nevada, personal income tax will present, payroll tax in nevada, california substantially higher, franchise tax, california has one, capital gains tax, california 13%, nevada none. you go down and you look at workman's compensation, machine shops, $2 in nevada. these are things that real businesses look at. how much will the costly to operate my business? >> we talk about harry reid and he will work this to his benefit but nevada has a republican governor which helps put in place all these things and they could have gone to other states for tax benefits, they could have gone to texas or florida. stuart: it is not a victory for harry reid. it is a victory for republican governor of nevada. charles: low taxes and supply side economics and this is what you get. stuart: we are right. >> of course we are right. stuart: this news just coming in, look at the stock price of bp, an important expression, % grossly negligent for the 2010 deepwater horizon disaster and this increases bp's possible penalties for the oils blended the clean water act. bp has already paid out $28 billion. could be more to come. next hour we talked to the biggest from fishermen in the gulf. he lost millions since the spill and joins us at 12:45 eastern on this program today. we were one of the first programs to bring you the story about fake cellphone towers that can hack into your smart phone and steal your information. it has been confirmed. rich: of these powers have been discovered across the country. it is a mystery. we don't know who's behind it. a lot of questions about this one. we are on it with an fbi guy who is next. >> the primary suspect should be a nation state, could be organized crime but like i said it is unlikely to be an individual or small group of people doing this as a hobby. inework state, wee changing the way we do business, with startup ny. we've eated tax free zones throughout the state. and startup ny companies ll be vesting hundreds of miions of dollar in jobs and infrastructure. thanks to startup ny, businesses can operate tax free for 10 years. no property tax.o business tax. and no sales tax. which means more growth for your business, and more jobs. it's not just business ausual. see how new york can helyour business grow, at startup.ny.gov stuart: record territory for the dow, the europeans and began to print money. profits good, the economy expanding, up goes the dow and the s&p. look at the price of gold going nowhere. that is a $0.10 move. price of oil at $94 a barrel down slightly, now we have a date of reach at home depot. was it as big as the breach at target? ashley webster err on the floor of the stock exchange. ashley: frank blake saying we found out about this potential brief tuesday after the long labor day weekend and this confirms the breaches happen but data from all of home depot's 2200 stores across the country could have been compromised. the most important thing is for customers to feel comfortable shopping at home depot and they say they have these credit card shift technologies in place by the end of this year, these are credit cards that contain chips, they are not foolproof but they do make a loo harder for hackers those were supposed to be in stores by the end of the year. you know in the u.k. and europe they have been around forever but it appears no matter how uncomfortable customers may be with home depot, investors are not the stock moving higher, up 1.5% despite what is going on and home depot yet to confirm the breach has been confirmed. they contacted the u.s. secret service, maybe the fbi will be involved. if this is big or bigger than target we really don't know. stuart: well said. we do not know at this point. on a similar vein, hackers are using fake cellphone towers to steal your information. if your phone connects to one of these towers hackers can see everything you do on that device. the high security smart phone released this map. 19 of these towers are operating. they have been discovered in the united states. let's bring in fbi agent jonathan dillon. a lot of questions. i want to know what these towers actually looked like. i they replica of the real thing? >> it is not necessarily that the towers i take but equipment on the towers. these may be towers that are being utilized by other real companies but this equipment that is on there is not real. i may be wrong about all those but that may be the case with some of these. stuart: conspiracy theorists are out in force on this one and you know it. they are saying it is the government. this is a miniature nsa. the truth isswe don't know who's doing it. >> we don't. they are pretty close for what i'm looking at on these maps, close to a lot of military bases. i would not be surprised if the military had listening devices to find out if anybody was actually trying to listen to them. what i think is alarming is if the dod is not responsible for this, that causes me a lot of alarm because it could be chinese northern people trying to spy on our military. stuart: volume of information that is stolen hacked into when you have 19 of these towers sprout across the country and they're picking up information from every cell phone anywhere near them. the scale of this is gigantic. >> it is gigantic and it is alarming to me if it is not dod. when it is not the dod there's a suspicion that someone -- stuart: you are an ex fbi guy, you know what is going on on the inside. i am reading between the lines and you have a suspicion that it is the department of defense, don't you? >> i am bound by law from saying too much but i will tell you it would not surprise me if that was something that was discovered that wasn't supposed to be discovered. stuart: when can we stop that? can the ordinary private citizen get a phone or do something with the phone that stops acting in by these faked hours? >> that is going to be technology bust has to come up with that. i never have been concerned myself with being packed into from the government because i don't have anything to hide but i know it does bother a lot of people and there is technology where it they can keep stuff more private but i don't think the government is out to get information from many joe driving down the road. it is dod, it is the government, they're looking for people lookiig for them more than they are looking at people. stuart: we do have on the show tomorrow the maker of high-security phone that does stop this. will be on the phone tomorrow. there is a way around this. always a pleasure, thanks for joining us. time is money. we say it every day. it doesn't work that way. lego has become a world's largest toymaker beating out barbie's mattel. revenue up 11%. why is that? obviously the success of the lego movie you are watching. the west coast, or los angeles adding a 3% surcharge to the bill to cover the cost of employee health coverage. can use a obamacare? speaking of hollywood and update on the celebrity clout hack, the fbi says celebrities who were hacked may have been victims of an e-mail scams. they could have been tricked into sending sensitive password information to hackers allowing access to their clout accounts. perdue, chicken people won't use human antibiotics, changing the way at operates because of shifting opinion and millennials could be the big factors behind this shift that perdue. millennials at it again. we explain in a moment. when folks think about what they get from alaska, they think salmon and energy. but the energy bp pruces up he creates something else as well: jobs all over america. engineering and invation jobs. advanced safety systems & technology. shipping a manufacturing. across the united states, bp supports re than a quarter million jobs. when we set up operation in one part of the country, people in other parts go to work. that's not a coincidence. it's one more part of our coitment to america. i wish... please, please, please, please, please. [ male announcer ] the wish we wish above all...is health. so we quit selling cigarettes in our cvs pharmacies. expanded minuteclinic, for walk-in medical care. and created programs that encourage people to taktheir medications regularly. introducing cvs health. a new purpose. a new promise... to help all those wishes co true. cvs health. becse hltis everything. >> in turn will hurt college kids. 10% of all minimum-wage workers are kids currently in college working as janitors helping in the cafeteria. stuart: i didn't know that. 10% of minimum-wage workers working colleges. that was charlie kirk, a founder of turning point usa and that was his judgment of the impact on raising the minimum wage on college students. you have to weigh in on this. from mark the minimum-wage never helped anyone. raising the price of labor at the bottom raises the price of labor all the way to the top, all the way up the line. beverly says it will cost more jobs, it is not a job-creating move, it is a job killing move. that was the sentiment expressed by almost all of you. some good news for millennials, getting a college degree pace faster than it used to, 2013 graduates, ten years to recoup their investment, those who graduated in 1983 needed 23 years to recoup their investments. one of the nation's largest chicken producers produce says it will not put human antibiotics like penicillin into its chicken anymore. lauren simonetti is here. they are caving in to the health-conscious millennials. >> millennials and most americans are willing to pay more for food if they know where it comes from and if it is not treated with human antibiotics. this is perdue's latest move, they are major chicken producer. you have successful chains like chipotle who don't use antibiotics, their sales through the roof, panera doing well, chick fil-a moving in this direction. and we see regulations from the fda on antibiotics and food and to point out 2 million people get sick every single year because of infection due to antibiotic resistance. stuart: wait a minute. 25 million? there is a reason -- >> taking on human health each year 2 million americans fall ill because of antibiotic resistant infections. stuart: i would love to see somebody treat strep throat without antibiotics. i do take the point. millennials are having a profound affect on the entire society where it comes to food, communications and entertainment. >> completely changing fast food as we knew it. stuart: they are paying more for and that is something i don't understand. more than a decade ago chipotle went antibiotic free because no one was buying get so if we can just show customers where the pork comes from and let them know real pork from a farm in iowa go by it. they bought it and increased the price pretty substantially and that is history. stuart: the stock went to the moon as i recall. good stuff, thanks. layout the rest of the show, college football big business, college professor says big-time coaches are worth more to their schools than big ceos are to their companies. explains why at 11:50. new development judge says bp grossly negligent for the deepwater horizon still. at our noon hour a shrimp fisherman in the gulf says he lost $100 million in business because of the spill. will he get any of that money back? after the break to the middle east and isis president obama says we have to manage the extremists. i say wrapup the drone of tax. expense, defeat, killed them. what does the judge say? he is next. >> our objective is clear and that is to degrade and destroy isil so it is no longer a threat not just to iraq but also the region and to the united states and to go back to what i said earlier, we know that if we are joined by the international community weekend continued to shrink isil's sphere of influence, its effectiveness, its financing, its military capabilities to the oint where it is unmanageable problem. stuart: here is a perfect story for charles payne. astra zeneca preventing pfizer from taking them over. pfizer wants to buy them and then move over seas. charles: sure. the way it happened was really amazing. they went to wall street and hired obama's vestry on wall street. they called the jack lew and then they came up with this thing about ad versions. stuart: what a chainnof events. good lord. >> this is corruption and it is worse. >> you have found yourself up too early. [laughter] stuart: amazon. there is a winner for you. amazon as about 353.60. different story with the go pro. jpmorgan says it is cutting its rating on the stock. right up front, i will state my opinion. if we can find the terrorist that killed the two journalists, i say drove them. i do not care what nationality these executioners follow. i say drove them and kill them. judge andrew napolitano is here. i want to ask you, can the president to it now legally? >> the answer is yes. we lost our ambassador. we lost our real estate. 1973 the federal statute enacted over president nixon's veto. without approval from the congress to deploy it u.s. military and military action overseas for 90 days. after the passage of 180 days, he needs approval. the president has the power to do that. stuart. he drove an american passport holder, legally? >> no. i do not think that there is any allegation that the killers were americans. if your question is if you found out that one of the killers was an american, could he drove the person. answer is no. military force against isis. does he need congress is permission? how would be the first time in american history that that has happened. stuart: what do they say. >> a split in the pool. the sun of former congressman ron paul has taken a position remarkably silver on. similar to stuart varney. his father, ron paul has taken the position they do not pose any realistic threat to the united states. the country does not have the resources or the patients. stuart: that is the split among libertarians right now. he has not shipped it is position on the ability of the president to kill americans. this should be done by a declaration of war by the congress. meaning there is vast national support for it. stuart: can you declare war on something, a gang of terrorists that is not a nationstate? nicole: i would think that you could craft a revolution that speaks like a declaration of war. limiting it. people who are engaged in this kind of act vividly. i think you could do that and i think it could be perfectly lawful. >> and one third of iraq and half of syria. they may be a state without even calling themselves one. stuart: you want yourself up a tad early. you are good. thank you very much. remember this story? a doctor's son falls off his scooter and hits his head. after to our emergency room -@visit, a child runs out of the room with a clean bill of health. the bill was $20,000. the guy who wrote the article about it. he is on after the break. ♪ [bell rings] ♪ time and ses data. split-second stats. ♪ its so close to the options floor, you'll bust your brain-box. all on thinkorswim, from td ameritrade. ♪ ♪ p 9 i am ashley webster. the dow is currently up 43 points. the record closed today will be the 16th this year so far. the s&p 500 has already broke in intraday high. they are indicating you will not indicate the own qa program beginning in october. the maker of tommy hilfiger rising 10%. shares of apple are recovering after yesterdays drop. shares of apple up by 1%. i am ashley webster. giving you the power to prosper. ♪ in new york state, we're changing the way we do business, with startup ny. we've crted tax free zones throughout the state. and startup ny companies will be investing hundreds of millionsf dollars in jobs and infrastructure. thanks to startup ny, businesses can operate tax free for 10 years. no property tax. no business tax. and no sales tax. which means more growth for you. it's not just business as usual. see how new york can help your business grow, at startup.ny.gov ♪ stuart: protests across the country. a strike is not a walkout. these are protests across the country. these protesters are outsiders. the people that you look at where our total outsiders. they are agitators. >> it is horrific. think about president obama's speech on monday. typically, you join the union because you want to make more money throughout the career. the people that have these jobs do not qualify for any other jobs and our society. these low skilled jobs are the only thing that they seem to do. at the very least, let's try to pay them more money. think about what he is saying about the people that have these jobs. this is all you are good for. you cannot do anything else in america. join us. keep that job forever. >> organized shakedowns. stuart: we brought you this story yesterday and i am going to repeat it. a doctor find a large bruise on his sons had. $20,000 total bill. the doctor joins us now. eric michael david, chief strategy officer. thank you for coming on the show. i want to talk about it in a moment. i want to start out with the $20,000 bruise. that is an extraordinary story. you know how to play this agreement. system. >> that is absolutely right. it is remarkable. >> is you are not a doctor and a lawyer, as i am, thank goodness, most of us are not doctors and lawyers. what chance do you have? you are up against the most enormous forces. stuart: i think that story rang a bell with so many people. everyone can relate to the $20,000 bruise. you wrote the story about the bruise. you get yourself in the "wall street journal." now you are on national television. now i am talking about a 3d printing company. don't you print organ tissue? >> we have a 3d printer. stuart: we are not far away from printing organs. >> we are very focused with what we could do in the very short term. the short term what we have been working on our we are already printing tissues such as liver and other tissues. one of the big problems in this country, i was talking about the "wall street journal" the other day, one of the big things that drives up health care costs is pharmaceutical are in the. drugs are later in clinical trials. that is because the toxicity of the drugs is not predicted early enough in the process. the drugs can save much faster and much cheaper. you have already spent hundreds of millions of dollars and a drug. stuart: a perfect story. you can afford a $20,000 bruise. sir, welcome to the program. it was great to have you. the man who makes the claim will back it up in a moment. 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[ male announcer ] join the millions of people who have already enrolled in the only medicare supplement insurance plans endorsed by aarp, an organization serving the needs of people 50 and over for generations. remember, all medicare supplement insurance plans help cover what medicare doesn't pay. and could save you in out-of-pocket medical costs. call now to request your free decision guide. and learn more about the kinds of plans that will be here for you now -- and down the road. i have a lifetime of experience. so i know how important that is. stuart: vanderbilt university takes the case that college football coaches are more valuable to the schools and ceos are to their associations. just over 5.4 billion. these numbers do not include bulletins. randall, is behind the study. welcome to the show. the football coaches bring in a big chunk of the revenue. that has to be it. >> that is absolutely right. they operate much in the same way the ceos do. stuart: they are worth the big money that they are paid. >> absolutely. our study finds if you compared the pay of coaches, the compensation package is almost identical. stuart: i have to ask you, should we be paying athletes? >> that is a terrific question, stuart. personally, i am in favor of compensating student athletes. stuart: would you go as far as if they are really good players you would pay them more money? stuart: would you do it, professor? >> personally, i am in favor. stuart: you can say what you like. come on back and say it again. the threat of isis. what our president harshest critics saying? we will have that in the second hour. it begins in two minutes. ♪ whenwork with equity experts who work with regional experts who work with portfolio management experts that's when expertise happens. mfs. because there is no expertise without collaboration. welllllllll, not when your? travel rewards card makes it so hard to get a seat using your miles. that's their game. the flights you want are blacked out. or they ask for some ridiculous number of miles. honestly, it's time to switch to the venture card from capital one. with venture, use your miles on any airline, any flight, any time. no blackout dates. and with every purchase, you'll earn unlimited double miles. from now on, no one's taking your seat away. stuart: watching the president over the last few days has been a study in contrast. mr. obama was passionate. he was animated. he was fired up and so was the crowd. they were the villains. americans deserve a raise, he shouted. by wednesday he was in estonia. he contradicted himself. he was without passion. within a couple of days, he had gone to ramblings second rate strategist. why? could it be that mr. obama had all the passion in the world when he was beating up republicans, but zero enthusiasm when beating up our mortal enemies. ♪ stuart: let's get right into this, shall we? his name is dan manager. he is with the editorial board at the "wall street journal." your title today is the present public enemies. john boehner and mitch mcconnell. speeches he gave over the holiday weekend. talking about america's anxieties. the middle east has always been messy. it has been a terrible place. people follow it now on television and social media. he exaggerates twitter. meanwhile, he said this is a problem we will have to deal with. on the other hand, people are anxious about the fact that nothing is happening in washington. there is a rigid, ideological group that does not believe. that is the republicans in congress. he is full of enthusiasm about attacking them. stuart: what does that tell you about the nature of this presidency? >> to be, you know, i thought about that writing this column. in other words, if washington is not working, obama is not making decisions. blame it on the republicans. it is a long-term thing. we will have a coalition of partners. either providing residential leadership or making presidential decisions. >> you wrote your column recently. the president talks too much. he goes on and on and on. >> estonia was even worse. this is a president who always feels that he is the individual that has to be speaking for the united states. he talked about the baltic states being members. we will defend the baltic under any circumstances. the question is, is that credible in any sense whatsoever since they are not doing anything to support the ukraine? what do you think that our enemies think when they are sitting out there listening to it. they start moving forward. just as putin ii moving forward today. stuart: if you go around the world, that is a serious issue. vietnam, isis, iraq, syria, there is one in flames point after another. it is just there. it is palpable. >> it is beginning to show up in the president's political sport or lack of support. >> when he gave that labor day speech in milwaukee on labor day, the democratic candidate for governor declined to show. share the stage with him. stuart: all that passion and all that fire. democrats running in red states like arkansas, louisiana, alaska. stuart: she is the one who said it is a democratic for governor. she said republicans had given the back of their hand to women. that kind of extreme language was used by one of the leading lights of the democrat party. >> he said average people who do not want a yacht do not want their own airplanes. i do not foster the resentments. he himself is driving these wedges between himself and everyone who disagrees. stuart: what are you going to do when he is gone? [laughter] stuart: take a vacation. charlie gasparino is here with more on the fundraisers which the president attended over the weekend. >> this is kind of like stockholm syndrome. then you have wall street guys going and giving him money. the former head of ubs is a good friend of mine. it is stockholm syndrome. i do not know how that does it. we go out there and hold a fundraiser where the president is totally against everything. stuart: i will tell you why. they are hedge fund guys. >> they do not get anything out of it. stuart: have not taxed the hedge fund guys. this is liberal white man guilt to the max. there is no rational way anybody has earned a living. they tax you every single day. you guys just lay it out. i stand for the people and the yachts that want to vacation in saint bart's. what is going on in your mind? >> i want a more direct answer. do we have to tweak? >> i need glasses. can somebody reads out for me, please? i cannot read that. that is foul language. >> that was mine. stuart: we were hoping to see you. can you imagine me showing up for that thing? if it is saturday, i will not wear a tie. stuart: he tweeted directly to you. stuart: thank you very much indeed. record territory for the dow and s&p. s&p 100 well above 2000. where are we now? 2007, that is where we are now. the biggest drop since january yesterday. pulling up a little bit. the federal judge finds pp grossly negligent. grossly negligent for the 2010 horizon disaster. what has that done for the bp stock? >> down nearly five and a half% now. calling bp's actions grows negligence or willful misconduct. it is a bit of a surprise, this ruling. this already at 42 billion. pp strongly disagrees with this ruling. the evidence simply does not support it. as you can see, the impact on the stock. $8 billion. stuart: thank you very much, ashley. we will talk to a man that has a big chunk of the shrimp industry in the gulf. he has lost tens of millions of dollars since the spill. he will be with us at 12:45 p.m. this morning. a sign of desperation. she gets real ugly with our language. using imagery of domestic violence. tesla about to announce the state that will get it battery factory. not looking like california. nevada comes out on top. in case you missed it, at least 19 of those self -- cell towers have been discovered. it is likely the department of defense ralph peters not a fan of president obama. he is coming off at 12:35 p.m. after this break, samsung's new phones and gadgets they have out apple. we have three of those new samsung gadgets after the break. ♪ so what we're oking for is a way "plus" our accoting firm's mobile plan. an"minus" our expenses. perfect timing. we're offering our best-ever pricing on mobile plans for business. run the numbers on that. well, unlimited talk and text, and ten gigs of data for the five of you would be... one-seventy-five a month. good calculating kyle. good job kyle. you just made partner. our best-ever pricing on mobile share value plans for business. now with a $100 bill credit for every businessine you add. i wish... please, please, please, please, please. [ male announcer ] the wish we wish above all...is health. so we quit selling cigarettes in our cvs pharmacies. expanded minuteclinic, for walk-in medical care. and created programs that encourage people to take their medications regularly. introducing cvs health. a new purpose. a new promise... to help all those wishes come true. cvs health. because health is everything. stuart: would we say google is in everything, we mean it. developing new drugs to combat age related diseases. the new companies make all invest in that venture. there you go. google up again. we have samsung. debuting some, i think, very exciting devices. he will show them to us. first of all, i think we will go first of all to the curved screen. >> just a tiny bit of the curve. it is called the note edge. >> samsung's representatives are right there. >> this is a very exclusive thing. >> hold it still so that the camera can get it. >> what is great about it is what you can do. it is a separate interface for the phone. you can also do awesome things. for example, the camera controls are right there at your fingertips. if you are holding this thing, it makes a lot of sense. >> the curved screen, that is purely athletic. >> a nice control. your phone is right there whenever you are using a phone. reaching your weight down to this can be kind of a challenge. >> you did this stuff over time. i keep my phone on my bedside table. alarm clock. that is what it does. when this is sitting by your bed, it is right here at your eye level. it is a little thing. it is a silly thing. i like technology that is practical like that. stuart: that is the virtual reality. it is powered cleverly enough. stuart: you put the phone into the thing. >> you put it directty in here. stuart: you put it in. you put the goggles on. you are completely surrounded. your vision is blocked. >> a virtual reality experience. imagine you were at a concert. it is just like you are there. stuart: wraparound sound and video, two. stuart: how much? >> they have not told us how much. stuart: how much? you are not going to tell me? >> this will cost you $250. i think more than that it may be kind of hard to sell to people. [laughter] stuart: that would be terrific. you have virtual reality. ann video, any movie, any concert. you put it in and you have wraparound sound. does it come with earphones? >> you like it. pass it out. this is the same technology. oculus was purchased by facebook for $2 billion. stuart: that means that apple's big presentation next week has a lot. it really has to live up to a lot. apple has a lot to live up to. >> apple is a force. tens of millions of people go out and buy it. you have to out cool this. it will be very difficult. i think everyone will be watching very easily. we think it is a phone. stuart: tim cook has to do steve jobs moment. one more thing. here is this. he has to do it. >> he is a very conservative guy. this is just as cool, if not cooler. >> you have 10 seconds. tell me your coolest gadget. >> i have not even played with it that much and i am dying to get it home. >> they are standing up now. good stuff. thank you very much, indeed. libertarians. john stossel. this time he is going after the obama administration's push. more from this next. look at this. >> this man who trained in nuclear engineering. >> he was not a loan. >> that is insane. that is so many steps. ♪ in new york state, we're changing the way we do business, with startup ny. we've created tax free zones throughout the state. and startup ny the way we do companies will be investing hundreds of miions of dollars in jobs and infrastructure. thanks to startup ny,y we do companies will be investing businesses can operate tax free for 10 years. no property tax. no business tax. and no sales tax. which means more growth for your business, and more jobs. it's not just buness as usual. see how new york can help your business grow, at startup.ny.gov having a perfectly nice day, when out of nowhere a pick-up truck slams into your brand new car. one second it wasn't there and the next second... boom! you've had your first accident. now you have to make your first claim. so you talk to your insurance company and... boom! you're blindsided for a second time. they won't give you enough money to replace your brand new car. don't those people know you're already shaken up? liberty mutual's new car replacement will pay for the entire value of your car plus depreciation. call and for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. switch to liberty mutual insurance and you could save up to $423 dollars. call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance. ohm depots says the company is ohm depots says the company is still inve comigat ha not confirmed it was the data breached yet. the stock is rally a% 2%.a% h&rg lo w, dehe nampaomp's larg tax repairer, the ceo saying he expects obamheyk e to ddots3 significant complomp'ity axtheo year's tax season. what is this all about?a% what is this all about?a% ntr,ip3 y k e haompac desayt season, basicall h&r block can make a lot of mompey off otrthe desayt sd e t ax es rolling to get hd lth insurance undeetes exchanges have to issue tax pay2%ck desayt forms desaysde theirg enefings and tax credits. because it is such a mess the because it is such a mess the fd etis dehe 3 ndport be incorrect so people can not file dehe is desaytup n sd ot i gets stuart: so i sign up for a% ost 3 oh dehea%an r lcksayt i epaai up for has to s me a form telling me what i bp get%., oweoiuc ofi paihm a% a oh i dehesayt say to show th form on my tax return and the wox cy is thao ndtheot goibl de c.basa% lso get this. there is no income verification by deheh&rxcsaybl verification, they write down e erots3 m3 iandome deg l3 t. if the dollar amount doesn't if the dollar amount doesn't jibe with wh3 desxup n sdnioithas n, ingot 3 what happens is your tax reform, it will be entirely winghheld i% on is tuompg. they can't levy you but they can hit you -- a% ssttk , csthy canho desayt, ap % but he dehe midterms, he asks? terrible story. tonight osayt com l,, e des wo ss a% l,, e des wo ss a% mp he com3 education. roll tape. >> why are yit re hhste t:rgeoe oo they got even more confused.a% >tra% e it can. use numbers that 6 and 26 to a%e is10, sg l6t:mis 2 --a b3 4ot 3 comt obfo:ioit, aven't seen th half of it. it goes on from dehendot 3 john issting ofs. e cto a% john issting ofs. e cto a% ed new way of doing math? john: dehey, ys e thnset comana h of states , have tried to fit the curriculum.a% &rdu, tmpaomp a% ãl's2%tsot 3 maybe this complex way of doing reingyosayt a%aomp oh uing dehegetrso s inots3 sebl r the long run, but what conceit to think after 40 k s ntots3 oit he cur:iots3 eoanning is going to be better? stuart: i thought common g endo hots3 2%ies otr comanatt:lsstwn asklu had to meet and schools have to teach to. theewots3 ndomp'te ingstil . i didn't know that. john: a lot of this came itsnto thehas3 this. and alongstingh it com developed expect for the five which are droppibl otythe a% t are ohia kckr .a% mp hey can nitpick this questto. i don't know if it is as sstty % as ing sed hd deg ls. oet3 ps1es good. you could do with that -- nobody knows where it goes. it it is so obvious. john: it would help. stuart: that is what your show is all about tonight. wild stuff. john: better options coming. stuart: a big audience for wild stuff. look at this show. john stossel, 9:00 tonight on the fox business network. not bad at all. president obama partnering up with david cameron calling for an international coalition to defeat isis and then there's lieutenant-colonel ralph peters. manu is not afraid to speak his mind especially when it comes to president obama's handling of terror. he is up next. we know that mozilla has fallen to islam as insurgents. now tikrit has fallen. what is your reaction to this? >> thank you, president obama. nice job. musical chairs. fun, right? welllllllll, not when your travel rewards card makes it so hard to get a seat using your miles. that's their game. the flights you want are blacked out. or they ask for some ridiculous number of miles. honestly, it's time to switch to t venture card from capital one. with venture, use your miles on any airline, any flight, any time. no blackout dates. and with every purchase, you'll earn unlimited double miles. from now on, no one's taking your seat away. what's in your wallet? stuart: i am a lightning round. debbie wasserman shells hit a new low with a statement about wisconsin's republican governor scott walker and she said she has given women the back of his hand when dealing with women's issues klystron language. i think it is borderline offensive. liz: is being called a shocker touching off a minor political fire storm and then he was an initial doesn't like that he is pro-life. this is the same person who called for civility in politics after gaby giffords was shot in the head. that was an awful situation when that happened but now the course has changed. the rhetoric is heating up. stuart: big tesla announcement. word is it is going to build its big factory in nevada. they were shot out of california by high taxes. no corporate tax or income tax, this is a win for know that's republican governor. liz: a lot of economic development. to asthma is saying in sec filings it will need more than half of the funds from that for the 5 billion factory, from nevada to tesla by 2020 to get that. stuart: didn't know that side of the story. back to those fake cellphone towers that are popping up across the country. last hour our former fbi agent hinted the department of defense might be behind this, i am not worried it is the dod doing this, more worried it is the mafia. liz: there is concern local law enforcement, police departments are unconstitutionally spying on people driving by in cars, you will know if your speed, sudddnly slow down on your cellphone to the 2 g levelland the fcc called for a task force into the state self hours to get to the bottom of it. stuart: president obama and britain as prime minister cameron i. using the nato summit to push for a coalition to carry out military action against isis. why not just bomb them and drones them? go gung-ho to kill them. i want to know why not. here is colonel ralph peters, fox news strategic analyst and one of the best military historians around and he is going to answer my question. why don't we just drone them and kill them? >> because, stuart, i honestly believe our president has a psychological disabilit hard decisions and to bear responsibility. he just cannot take responsibility. they were equalized when cameron and obama did. david cameron has the will but not the power. president obama has the power but not the will. for me, this idea that obama cannot act until he builds a broad coalition, is obfuscation. a way to delay doing anything, to avoid doing anything. likewise the rhetoric in the op-ed was pretty good overall. some was just boilerplate but there is one point where they fell into the idea of we must have the genuinely inclusive government in iraq. not going to happen and that is one more excuse to not doing anything. you would be a better president and certainly better strategist than anybody in the obama white house when the enemy is trying to kill you and be heading your people, advancing and raising the flag on the israeli border, where recruits are flocking to the man money is pouring in, you better bomb them now. stuart: when your point is also no matter what we do now short of really going after them big time they will be around forever, long into my grandchildren's lifetime they are going to be there. >> they will be around after you collected your last emmy and got your knighthood and all those things. they are going to be here but that is not an excuse to not doing anything because how bad will the problem be? there are two things americans have to face and that starts another project. one is this is a serious threat and we must address it decisively, ruthlessly and now. secondly it is not about us. we are the great satan, you blame us, it is about the catastrophic and comprehensive failure of middle eastern civilization. the entire middle east from morocco all the way through iran to pakistan in the 21st century not only cannot build a competitive automobile but can't build a competitive bicycle. it is a comprehensive collapse and that is what this fighting is about. a reversion to barbarism and we have got to fight the barbarians. stuart: when you are the most popular guest on this program because you speak your mind and tell it how it is and we appreciate that, seriously good stuff and see you again soon. the gulf coast hit hard by the bp oil spill especially the fishermen. up next a shrimper who says he lost $100 million in business since the deepwater horizon disaster. will get any of that money back and if not why not? the response in a moment. ashley: ashley webster. the stock exchange major markets continued to move higher into record territory. the dow 43 points, 1/4 of 1%, the record would be 16 for the year, the s&p up 1/4%, the nasdaq trading higher up 1/3%, shares of bp down 5.5% after u.s. district court ruled the oil dollar and was guilty of gross negligence or willful misconduct in the gulf of mexico oil spill in 2010. bp appealing that decision that that billions more in fines. shares of go pro moving sharply lower today after jpmorgan downgraded the stock to neutral citing concerns about valuations. stack -- tech stocks moving higher with amazon and apple leading the gainers. at the new york stock exchange i am ashley webster with the fox business network giving you the power to prosper. if you take multiple medications, a dry mouth can be a common side effect. that's why there's biotene. it comes in oral rinse, spray or gel, so there's moisturizing relief for everyone. biotene, for people who suffer from dry mouth. (agent) i'll walk you guys through every step. there are a lot of buyers for a house like yours. (husband) that's good to know. stuart: we are halfway through the trading day. scott, i have the feeling we are about to show a better rate of growth for the economy on the point the inflexion point as some say. what do you see? >> i would love that to be the case. we are being told the economy is doing better so moving in the right direction but we still have emergency funding operations in place. i think how i feel, how investors feel, we have mario draghi in europe suggesting q e and at the same time folks here talking about higher interest rates and rather than later. the fed telling as the american consumer has his hands in the pocket orting cash yet we have companies posting better revenues than they have a long time. ceos are not building new factories, we have a huge dichotomy here and unfortunately it is the fed's job to get out of it because on the one hand they are telling us things are not well enough to really pull ourselves away from the punch bowl at the party but we will raise rates sooner rather than later. we have to get both those things going to keep markets doing what they're doing and if either of malls we have some trouble ahead. stuart: the market is doing what it is doing, it is a record high. we will take that for now. thanks very much. with the price of google, it agreed to set an ftc complaint over kids racking up huge charges from the apps store. parents did know about it. google says it will refund a total of $19 million as part of the settlement. no impact on the stock, we are up slightly. we have been talking all morning about a federal judge who says bp was grossly negligent in the 2010 gulf oil spill. the louisiana shrimper says she lost $100 billion worth of business, went out the door. >> a little more than now. and a $20 billion pay out funds. did you file a claim? >> that is a joke. they did it to nobody, we filed a claim but opted out. we will sue bp on our own. stuart: so you filed a claim with the fund, then you opted out of that and went to the court system. you must have known if you go to the court it will take years and years to get paid and when you do get paid the lawyer takes half of it. you must have known that. >> i knew that but they left us no choice. bp wanted to pay me like a shoe store. in birmingham, alabama, 200 miles from the coast. even if i go broke i know my wife could buy shoes. stuart: you are out. your business has shrunk dramatically. >> we are doing by 22% of the business we did, the local business, which was the worst hit area of the oil spill. stuart: this federal judge just said bp was grossly negligent, that probably means bp is going to shell out a lot more money. will you go after a piece of that? >> we definitely will. i don't care how long it takes. sooner or later bp has to step up to the plate and do the right thing. stuart: how much of the claims? >> $111 million claim right now but we are going to have to look at it. that was done two years ago. stuart: you are only doing a fifth of the shrimp business you use to do. does that mean the number of shrimp, the size of the shrimp catch in the gulf is down so much? 50, 60, 70, 80%? >> basically we shrimp out of a bay. we just had some areas just reopened two weeks ago. the oil came in and instead of bp picking it up they came with planes in the middle of the niiht and sunk it. it is sitting on the bottom and the shrimp got to be on the bottom in order to protect itself and right now we are getting shrimp with tumors on them, shrimp with no eyes. it is sad to see. stuart: there is not much you can do. if that is the state of the shrimp catch i don't think there's much you can do but you got to wait it out. surely you have a big payday coming down the road. >> if i live that long. with all the chemicals bp sprayed on us we don't know if we will catch cancer or what is going to happen to us. bp treated us like insects, came in the middle of the night and sprayed chemicals on us instead of picking up the oil. we knew how to pick up the oil but they wouldn't let us do it. stuart: it is a complicated story but clearly you have been hurt by this. we appreciate your coming on with us today. keep in touch with us. we want to know if you get paid. >> i will let you know. thank you. stuart: it is being called a yelp for marijuana. type in your address, find the nearest and best place to buy your illegal weed. we have the demand behind the apps next. in new york state, we're changing the way we do business, with startup ny. we've created tax free zones throughout the state. and startup ny companies will be investing hundreds of millions of dollars in jobs and infrastructure. thanks to startup ny, businesses can operate tax free for 10 years. no property tax. no business tax. and no sales tax. which means more growth for your business, and more jobs. it's not just business as usual. see how new york can help your business grow, at startup.ny.gov for that moment, where right place meets right time. and when i find it- i go for it. (announcer) at scottrade, we share your passion for trading. that's why we give you the edge, with innovative charting and trading features, plus powerful mobile apps so you're always connected, wherever you are. because at scottrade, our passion is to power yours. stuart: this is it from the white house, meghan smith, former google executive has been named chief technnlogy officer for the white house. smith was president of google x which is the secret project unit working on the drone delivery project among others things. the google tie in with the obama administration very strong. eric schmidt, the top guy at google quince to run the technology which reelected president obama in 2012. a new company building itself the yelp for pot, wheat maps, pulled up the air one of the website, the closest pot dispensary to you. we are joined by justin hard field. have i got that right? if i have the air one on my smart phone here, i am driving around, press the apps, click on to and tell me where is the nearest marijuana dispensary, that is what you do? >> it is as simple as that. works in the seven states the have marijuana dispensaries. colorado and washington. stuart: how many people have downloaded this apps? >> 2 million download on the i phone and a million on the android and at least 3 million people use the web site every month. stuart: 3 million people use it every month to figure out, you don't know if they're just using it or fooling around with it. i can at imagine cli where is the nearest pot house to my house. you don't actually know people less searching for their marijuana dispensary. >> lien know the majority of people coming to the web site are in the seven states that have backed dispensaries, a pretty good idea what they are looking for, menus and pricing. stuart: menus? i have not been until we dispensary. i walked in and there is the man you? >> you would have your mind blown when you walk into one of these things. a chalkboard special and a restaurant, what is available. stuart: that is your apps? >> absolutely. stuart: give me an ideal of a special. >> buy one get one free, may be a free joined with the purchase of an eighth of weed. stuart: how do you make your revenue? what do you do with it? >> it is strictly an advertising business, the model is similar to yelp, charge a monthly listing fee. stuart: did you say at bogo join? >> that is a popular special in southern california dispensaries. stuart: they are giving me the rat and i got to go that you the come back because that was fascinating. justin heart filled with the weed apps. more varney coming "cavuto" knows what we will get into. my mother made the best toffee in the world. it's delicious. so now we've turned her toffee into a business. my goal was to take an idea and make it happen. i'm janet long and i formed my toffee company through legalzoom. i never really thought i would make money doing what i love. we created legalzoom to help people start their business and launch their dreams. go to legalzoom.com today and make your business dream a reality. at legalzoom.com we put the law on your side. whenwork with equity experts who work with regional experts who work with portfolio management experts that's when expertise happens. mfs. because there is no expertise without collaboration. stuart: we are out of time that dierdre bolton is not. dierdre: thank you, here are the alternative investing stories we are covering for you. it is all about growth and the ecb is doing all to make it happen. the central bank making a surprise move to boost economic activity in a region. if you are a football fan you already know the nfl season starts tonight but you may not know the leak clearly plays by its own rules, and breaking from the wall street journal exclusively, apple going head to head with ebay's paypal and amazon in mobile payments, the i watch will allow them. more on that story in a minute. in the meantime advertisers, football fans have been waiting for tonight and it is here at a time when they the our rules all or netflix as well,

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