To sell gas for less than 2. Joining us on the phone is jim griffith. You started a price war. It is 1. 98 across the street. We thought what better way than to put some money back in their pockets. Stuart a lost leader. Are you losing money on every gallon that you sell . A lost leader . I am not losing money. No, sir. You are selling gas for 1. 99. How soon before you get rid of that more expensive gas, bring in cheaper gas and drop the price even more . We bring loads into our stores daily. We adjust a lot quicker. Stuart are you going to drop it more . We will just watch the market and see what happens. Stuart okay. Oklahoma city is the site of a gas price war. The first i can remember in decades. You started it. Yes, we did. I am very happy. Our customers love it. Stuart you are on tv all across the country. We appreciate that. , and see us again when you drop it to 1. 95. We are waiting. The big picture argument. It is the bonus wiped out by the extra cost of Everything Else . Charles payne is here. We are still ahead of the game because gas is so cheap. Here is the thing. I did a big piece on this last night. This started on a monday. The other 20 end up 50 end up going to the economy. One month later, gas is cheaper. What do you do with that 10 . You also may save some of it. Instead of 50, maybe it is 45. We must have higher wages. This is what i call backward prosperity. People think that i am against it. No. Lets stay focused on the real task at hand. That is very good. The president suggested he would not be averse to higher gas taxes. The gas taxes are fixed. Eighteen on the federal side. There are some states as high as 0. 37. Some making more money than opec is. They give more money because we fill up with more gallons. It is a disingenuous argument on the president part there. Now you know why the ratings go up. Stuart here is another reason why people are not feeling relief from lower gas prices. We have a classic example for you. The average the adoptable, the bronze plan, it is 100 higher than it was last year. Www. Boat, you have to crack. It is over 1000. This is not what we were told by the president and his administration when he was forcing obamacare down our throats. Premiums are going to go down. Deductibles are going to go down. We have seen that exact opposite. To your point about lowering gas prices. The basic necessities of life. The other two, food is going up. Everything across the board is going up at the grocery store. Those healthcare costs are also going up. What you are saving on one end, it is not translating for the average consumer. Stuart i found those numbers really shocking. Barebones coverage. The deductible has gone up 100. The average is over 1000. You pay everything yourself until you hit 11 or 1200. Exactly. There are so many complications. You break your leg and you have a 10,000 bill. That bronze plan, you will crack the deductible. Then, only 60 of that is actually paid for. The rest is yours. This is supposedly the most affordable. The impact is hurting lower income people. They think that the bronze plan is the one that they can afford. You are likely to get wiped out or really hurt. I think that people will walk away from going to the dr. As regularly. That is actually happening. People are restricting their medical visits. They will suffer with the flu and other things. Obamacare was sold to us as the magic elixir that would solve all these problems. We have gotten none of it. Stuart lets have a look at the big board. This is thursday. Lunch time. Look at it now. We are on track for the biggest drop in six weeks. That is not much of a drop. 17,800 index. That is not a big decline. Look at oil. Close to a four year low. Down 0. 89 as of right now. Look at sears. A smaller loss than investors were expecting. Got some big names for you. Really truly highfliers. Amazon, netflix, green mountains, all down today. All down 20, 30 in the last few weeks. We will talk a lot more about that with Charles Payne and david nelson later on the show. Barnes noble. Shall we queue the organ music . [laughter] stuart help me out here. I we legitimately putting them on deathwatch . I do not know. We hear the music. The stock is a winner this year. Microsoft is our best performer on the dow today. They had a weak quarterly number. They were below the estimates. They say that it provides a clearer path as they decide to spinoff band split up their business. Not a good day for the shareholders. It is the number one best performer on the Dow Jones Industrial average today. Stuart that was the headline. You buried the real news here. You have to talk to me about microsoft hitting a new high almost. Give me microsoft next time around. Then we have china. The Worlds Largest economy. Based on something called purchasing power. It means 1 trillion in china buys you a whole lot more than 1 trillion here. Therefore, china is bigger than us. Monica crowley has something to say about that. It is hard to argue with that particular statistic. I think that is the key. The key to political stability is a stable middle class. The middle class has increased purchasing power. I think what they are doing here is projecting a little bit into the future. Stuart i believe that they are catching up to america. It is a bigger market for them. You have these people. So many billionaires. You can never get them back on a bike. They have to keep this bad boy going. No competition. Japan and germany were in ruins. We had an ability to grow. You can argue since the mid 70s. This was bound to happen. The competition with the United States and the west was not to let terry, per se. That is the new front. We think cyber warfare is a huge problem coming out of china. It will force the United States to really update the game. Tax reform. Confidence in the free market. Reduce regulation. Charles you are right. Stuart to be continued. Christmas fast approaching. A lot of you are fed up. Consumerism. The urge to buy, buy, buy just for the sake of buying something. Stuart where are we now . That is not huge. A downside move as of this thursday. Kroger supermarket hitting an alltime high. Dollar general. It is still going to buy family dollar. Investors like that. Dollar general hitting another high. I want to pose the question of this one. Is consumerism going out of style . You buy, buy, buy. I say people are shifting away from buying tons of stuff for christmas. I think it has become too much. Lets bring in an expert, shall we. It may not be in your turf. I think i have a point. Bounds of presents under the Christmas Tree. It is to much. I think people are pulling back a little. Social media. Everything is kind of in your face these days. What we have gone through over the last few years. We are still seeing some of that. I am a viewer. You see lines on black friday. They are not as crazy anymore. Also, the spreading out of commerce. We had a pretty good deal. Did box staples. Stuart paper towels. What you have been talking about this week. It is about risk. People want that deal. It is a huge tank. Online, generally a price leader. Also, the gas to get to the store. We get pretty up close. You get Free Shipping over 50. Next time, i definitely will. We are all out of that age group. Stuart we had a story yesterday about a maryland shopping mall. It only has two retail outlets left in the small. You are responsible for that. I do not want the viewers to think we are just taking jobs from the economy. Third and the fourth. Fifty60 people. The warehouse. Stuart you have to give me some understanding of gross revenues. Nationwide online. Give me a rough idea. It is not enough and we are going out of business. You are closing in on 100 million gross revenues. Locally, we do not have earnings calls yet. If we ever go public, i welcome back and tell you exactly how much we were making. Stuart this is varney company. Can you take 5 million out of your company . Yes or no . No. Not at all. You are selling hamburgers. [laughter] i was at zaino when it was that intraday trading. I think what we can do, some of the funds that we do bring in now, we are investing. We could have never done this. We had a great family that world in. Threeminute commercials. I kept him over there. You will tell me how much money you took out of that company. It was a pleasure. Thank you for joining us. To pick winners that took a hit. A lot of money for a lot of people. Does charles think they are still worth buying . We will deal with it. Heres a question for you by avoiding rapid acceleration and stopandgo driving, your savings on gas could be equivalent to how much . Up to 50 cents a gallon . 75 cents . 1 . The answer is. Up to 1 a gallon. 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Ask your doctor about cialis for daily use and a free 30tablet trial. Stuart i have trouble driving at night in my age so this would be ideal for me. Dont drive. Stuart why are you laughing . All old people cant drive. Stuart we will get emails on that one. Oh yes we did. That offcamera comment from our floor director austin caught the attention of many of our viewers. You wrote in to tell us how you feel about what austin had to say. I am over 50, i am one heck of a driver. And this, kathy had this to say to austin. It old people cant drive why is our insurance cheaper than the young kidss insurance. Age range 1834. I will drive you any day. Take that, austin. Thank you for all your comments. Keep them coming. Look at green mountain, 10 in the past month, that is a drop and half. 144, by it . Yes or no. What is so good about it . Charles it has beaten all the wouldbe competitors forging major alliances and a tremendous amount of room to grow and expand margins. Stuart they are the coffee machine, single could you put in a little container, pushed down the handle, push the button and get a single cup of coffee and you think that is good for 2 and dollars a share. Charles modern day rivals like starbucks put the out of business. The be all come. Stuart how about amazon . That is down 5 roughly this past week, down to the low 300s. You buy it at that level not . Charles the wall street for a long time, too arrogant about never having to make a profit. I said earlier this year, had to make money this year and is not even that he is acting like he wants to. Weight on it. One of your cheeses, you mention netflix getting to a sweet spot where it is almost a buy. Most viewers couldnt handle the volatility but at one point fell the back to 500. Stuart netflix is on the one hundred cents a share. Stuart excuse me. President obama is going alone on immigration. 17 states are suing the administration. Not fundamentally violating a promise to the american people. We have the judge on that next. This is the most serious abdication of president ial authority in president can get away with extending his powers to do things like this, there could be no constitutional limitation on what the president could do. That is why this lawsuit is so useful. I take prilosec otc each morning for my frequent heartburn. Because it gives me. Zero heartburn prilosec otc. The number 1 doctorrecommended frequent heartburn medicine for 9 straight years. One pill each morning. 24 hours. Zero heartburn. Shyou see this right . Its 80 confidence and 64 knee brace. Thats more. Shh. I know thats more than 100 . But thats what winners give. Now bicycle kick your old 401 k into an ira. I know, i know. Listen, just get td ameritrades rollover consultants on the horn. Theyll guide you through the whole process. Its simple. Even she could do it. Whatever, janet. For all the confidence you need. Td ameritrade. You got this. Stuart this is the low for the day, down 92, 17, 820. Look at oil. Back in june it was 107 a barrel. Look at it now. 66. And gas is down 0. 02 overnight. The National Average for regular, 2. 72 a gallon. 43 states and the District Of Columbia have an average price under 3 a gallon. Of a year today we had the first gas station to break 2 a gallon. That set off a price battle. Gas but he tells us the cheapest in the u. S. Is at 44 food mart Oklahoma City but there is no one dollar 0. 98 across the street, the first station to drop below 2 in 1. 99, that is a gas price war. It is going on today. The house voting today on the vote to block obamas a reporter and immigration. Guaranteed this bill sales through the house but is not going to stop this executive order. Will not. The house will approve the preventing executive of reach and immigration act 2014 along party lines today and the bill will probably die in the senate where soontobe ex majority leader harry reid has said he will not bring it up. Is largely a symbolic vote to allow the president s critics to get on the record on this issue. Stuart so in this Lame Duck Congress no action can or will be taken which will stop the executive order on immigration, that is the bottom line as of rainout . Not as long as the democrats controlled the senate and even then if it were to pass the president would veto it. Stuart thanks very much, you dealt with the legislature and their input on the executive order on immigration, now deal with the judiciary side of the. Texas governor elect Greg Nina Pham is leading a coalition suing the obama team for taking executive action and immigration. This is a Bipartisan Group of states, mainly they share a border with canada and mexico. Judge Andrew Napolitano is here. Isis the administration, 17 states say that is illegal. You cant do that. I got it but i got to say it is meaningless. By the time you get any decision out of the courts two years of gone by the executive order is implemented and you cannot reverse it. This is pointless. Judge napolitano largely what you say is what will happen but here is the argument attorney general governor elect greg that will make. He is the countrys foremost authority on states suing the federal government. In eight years as attorney general of texas he sued the federal government 31 times. Some he wins, some he loses and some are not resolved but his theory is the federal government is unlawfully forcing the states to spend money on, and fill in the blank, hospital beds, emergency rooms, schools, police, fire. All the things government spends money on to Service People who are here unlawfully who dont produce into the system economically or by paying taxes. Believe it or not that is an argument that has worked with the court. When the state can show the federal government has taken their sovereignty away by forcing them to do something they have not voluntarily agreed to do, under those narrow circumstances the federal courts have been the date having preceded the this is a difficult road for governor elect abbott to proceed on. Stuart it started. Take me through the legal process. My premise is it will take years. Judge napolitano here is why it may not take years. It takes years litigation is a model that is often the case when there is discovery involved. Thousands of pieces of documents, lawyers are too busy and everyone is delaying everything when theres a demand for money and the court has to figure out how much money that is not the case. Governor elected albert and the others are asking a federal judge to examine the executive boards which exist in writing to examine the statutes which exists in writing, to examine the constitution, your favorite document which exists in writing and to decide whether or not these executive orders impermissibly burden this states. Theoretically a judge could do that in two or three weeks of work and governor at the manhattan and an answer on this before he is governor of texas. Stuart you know more about this than i do. Any decision will be appealed and appealed and appealed. Judge napolitano here is why it may not matter and this locks into the peace you just did with our colleague peter barnes. The president is so lawless if the legislation in the house is to pass today, were to become what over his veto and not likely mathematically but hypothetically what assurance do we have that he would obey that legislation when he doesnt of the legislation that was on the books before he became president . What assurance do we have that he would listen to a federal judge . Bernard if he didnt listen then his party and he would pay a political price. That is the important point. I know we have limited time so i will move to one other issue. A lot of talk about the decision not to indict the Police Officer who put eric garner in a chokehold in new york city. Garner was caught illegally selling cigarettes on staten island, senator rand paul says this story has a lot to do with cigarette taxes. Senator rand paul said this. Some politician put a tax of 5. 85 on a pack of cigarettes so they have driven cigarettes underground by making them so expensive. Rand paul goes on to say the police said to go arrest these people and that is why you have this happening. Judge napolitano my initial take is leave it to varney and company to find an economic angle to almost any story and my hat is off to you in your producers for having captured rand paul saying this. Here are the taxes. In new york city on a pack of cigarettes. I am not a smoker but i have researched this. The third state 1. 01 a pack. The city takes 1. 50 a pack, the state of new york as 4. 30 a pack. The taxes, federal, state and local law more than the product. Theres obviously an incentive to go underground and senator paul makes a very strong argument. Taxes are too great. Nobody should smoke but it is a lawful product, will be driven to buy cigarettes from people like this fellow gardener who probably was providing a muchneeded service for the poor in his neighborhood when the police took his life. Stuart en interesting sidebar angle if i can put it like that. Thanks, appreciate you being with us. You have ten secon