Proposal from boehner will not pass the senate. The market is surging once again a high of the session up 117 points for the dow, right now better by 97. This is the breadth of the market, overwhelmingly positive meaning the advance is outpacing the decline. The Dow Jones Industrial, as you can see, nice move. Twentyseven down 30 components are up. United technologies and in tela the best performerr. General electric, one of the few weak links in the chain. You, the investor, continuing to pile into what . Well, the financials, especially the big moneycenter banks like banc of america north of 11 per share. At 1116, the stock is nearly doubled. And you can see, up just 1 penny. At 39 in assistance 0. 16 that is a big resurgence. Wells fargo, a similar sort single story. Goldman joining the story. All right. The sec of the Home Builders. Momentum trade. New highs across the board. A catalyst today. Data from the National Association of Home Builders since rising to its best level since to will 2006. Poultry up about 21 two and three 1 4 . These are all very decent moves. Battered by five full percentage points. Not bad. In terms of whats not working, were always balanced your fox business. Some of the flight to safety trade. Gold plummeting. Down about 30. The selling picked up into the close with a tree gold. Stocks getting picked out all along the way. Silver down nearly one and 1 3 . Remember when people were talking about silver 45 . Net right now. And right now breaking news. A market maker is meeting at this very second to decide the fate of the company. Charlie gasparino has been following every moment of this. Hes rushing down here in just a moment with the very latest, but his listening in. Time for the floor show. Traders of the new york stock exchange, cme group, and the nymex. A teeny little stumble after the comments from harry reid, but are you surprised by the resiliency of this rally with volume 30 percent better than friday . Not so surprised. For a while now, for the last week when it comes to the the stock of negotiations, this the inside game and the outside game its playing out precisely how we thought it would. They get in front of the cameras and try to put dampening remarks on, than they eat we got information. Whats really interesting, its very broadbased. This is not a head fake for the bigger averages. If you look at the smallcap stocks, the iww, i wm, theyre rallying along with this. Treasuries are selling off. Money is clearly written into equities. The fiscal cliff sectors that would be here heard are really rallying. Materials and financials are ll moving nicely hired, and the financials are moving higher because the yield curve is starting to steepen. Liz let me get to dan at the cme. You have a strange maneuvering was some of the commodities. Gold dropping precipitously. The u. S. Dollar, now a dollar 302 by the euro. Six months ago. This was more like a dollar 25. Deming, the dollar has done really week of the last rebel days, has it not . I am really shocked at the euro is doing as well as it is. Somewhere down the line there will have to ease. It has been doing this as the whole time. Has a lot to do with the fed meeting last week. The special perpetual qe and is not doing anything to help the ballot right now. Liz in the end you do want a strong dollar. I know some big multinational space to the u. S. That not only won a weak dollar to make our products cheaper, but ill talk to carlos about this in a minute. Let me get to that nymex. Obviously whale is an interesting play, but i you guys talking a lot about this gold price behavior . This is really weird. Well, it is tied in w dollar. So many people leading the same way. All the sudden you start to see it. Stocks got hit and people start to panic. You basically have people that look in to say, you know, this dollar is going to get smacked. The reverse my position. Liz speaking of stocks, keith, buy stops were triggered, were they not . The s p hit 1440. It looks that way to us here at fox business. Say that again. Liz when the s p had 1440 earlier today, it looked like five programs kicked in. Right . Is that what youre seeing on the floor . Absolutely. We had a pretty strong resistance. Your right. We get to 1440, hesitated, and then the buyers came in and we pushed through that level. 1442. The next up on this is pretty high, up around 57, 59 which is where we will find the s p overbought at that point in time and will have to reevaluate. One thing to watch, the last couple of sessions at the end, the buyers have really come in full force to get on the market unclosed programs and we expect to see that again or macys an acceleration into the close of. Liz performance shaping yearend . A little bit, but also chasing a little of the policy. This may be a buy the rumor sell the news. Look at what comes out on monday. If there is any kind of deal where it is really great or bad we will see some selling pressure. Liz thank you for joining us on the floor show, giving us a sense of what is going on. This is important. You guys look at traders as these people who are not they are. Moving a lot of the stock, looking at the by moves, fast money, slow money. It gives you an inside look. What are they saying . Theyre saying that it is this rumor that we are starting to inch closer to a deal here. If anyone has the rise in may to solve the fiscal cliff, it is carlos gutierrez. He has seen the interworking is a washington as secretary of commerce, but he also turned around it publicly traded qaeda iconic company. The shares of kellog moved around. Now is moved to banking. He is joining me now on the first on fox business interview, and i want to let our viewers know the genesis of this. I ran into you in washington d. C. At the airport just a week and have caught two weeks ago. Asset to me you have to come on the show because i thought your opinions are very interesting. Right now, lets work with the news that we have today. John boehner saying 1 million, that is what people should have expiration on the tax threshold. The president moving from to 50 the possibly 400,000. Will we have a deal . I think so. My opinion is that if we have to go over the fiscal cliff to get a good deal, we might as well bite the bullet now. Do it now, and fro and the debt ceiling. It is a big liz throw in the debt ceiling, you mean the republicans should use that in their back pocket . Absolutely. It is to no ones benefit to have a debate in march about the creditworthiness of the u. S. Once again, the world is looking at the circus. People around the world are asking, does your system of government still work . Are you still capable of solving problems . That is not good for the u. S. , the dollar, investments. Liz two sides are doing what appears to be a delicate dance. Do you call the deal will for the end of the year . I dont think so. I think if we get a deal before yearend, what worries me is that it will be an incomplete deal or cost will be promised, but there will be they will be down the road which is a real trapped. Liz we cant keep doing that. We are not good at cutting costs. That is the hardest thing to do in washington, actually execute the plan. So lets get it done now, even if we go into january. Lets get it done. Liz doesnt that look like, as ec president obama move up, john boehner move down, this is a classic mega the negotiation. Theyre getting close. What gets in the way as politics. Frankly, harry reid not helpful. The president campaigning on higher taxes for the rich, not helpful. Liz was it unhelpful when john boehner, the book came up and put up a board that said it was about spending . That really shocked them. Was part of negotiating in public. Liz why are they doing it in public . Because we want to get political points. Were still playing politics which is the problem. That is the big problem. Liz do you recall ever being a party to a situation like this . Coming down to the wire . Oh, sure. We are involved. Liz the government closed down. Trade bills are passed by one vote at midnight. Things of that nature. You know, some people will tell you in d. C. , look, i think this is the right thing to do, but i cannot vote for it which is what politics comes in. And that is what is plaguing these negotiations. Liz you are part of the Bipartisan Policy Center. That Bipartisan Policy Center put together an idea to pay down debt. It was not simpson bowles, what made it did for the most . Well, it was very different very similar. The expense to tax ratios was very similar. And the important difference, because it was it was that ms. C. The big difference is we have labour, business, associations, and we were in a room, locked the door, and got to work. There was no public posturing. We had a task to do. Liz what will it finally looks like . To have talked about a fiscal stairway, not a cliff. It could be that they agreed to a plan that is implemented in steps, in stages. A fiscal stairway where we dont follow the way through could be an option, but we have to have the expense tied to the revenue. We have to have a commitment that it is going to happen because we have done this before. And cutting expenses is the hardest thing to do in d. C. Liz i know. Once they have the money, they dont want to let it go. Carlos gutierrez is now vice chair of pohjola citigroup. I will ask him what they are talking about in the halls there. Carlos gutierrez bless his passion right now, immigration. First, heads up. You might want to hear this before you post your next bathroom mirror self portrait. Changing its Privacy Policy when it comes to your private picture. Instgram. Oh, yeah. This is our team on countdown to the closing bell getting albany instagrammy. We dont want these pictures sold without permission. Thats embarrassing. It. [ engine revs ] [ male announcer ] oh what fun it is tride. Get the mercedesbenz on your wish list at the winter event going on now through december 31st. [ santa ] ho, ho, ho [ male announcer ] lease a 2013 e350 for 579 a month at your local mercedesbenz deale can i still ship a gift in time r christmas . Yeah, sure you can. Great. Wheres yougift . Uh. Whew. [ male announcer ] break from the holiday stress. Ship Fedex Express by december 22nd for christmas delivery. Liz we want to show the markets one more time at this moment. Well show it to you 50 times, but to see aid game like this on a triple digit move yesterday, to in a row, positivity just oozing through the market. Want to get back to carlos gutierrez, Citigroup Institutional Client Group vice chair, former kellogg ceo, former secretary of commerce. All yours. View and i were talking about the fiscal glove, but as you walk to the executive halls of citigroup, what are they talking more about, the fiscal for regulation and doddfrank . Short term, fiscal cliff, european union. One thing that will have an impact on financial services, as regulation. We have doddfrank, and its hard to argue we dont need regulation. Citigroup has said it. We need, but lets make sure it is sensible. We can end up in a situation where credit is less available for small and mediumsized companies. If you add to doddfrank, everything that is coming at us, so small button Community Banks get hurt. Small businesses, mediumsized businesses. It is the purpose to punish banks, maybe they are achieving it. If the purpose is to improve the economy we have to be careful. Liz may be the purpose is to make sure that we dont see another fiscal financial crisis disaster the likes of what we saw in 2008. We dont need that again. But we dont need to create another set of problems with these unintended consequences. With the amount of capital that banks have to carry with the regulations liz european regulations. Very difficult to have loans out to companies that dont have a credit record, companies that are not triple or double a, including small and mediumsize businesses. So that is the big issue. It can be a very bad pun intended consequence that i would hope that regulators we will talk about. Liz richard fisher, the dallas fed president was making comments a day at the florida luncheon. He said, time to break up that too big to fail banks. It stunned me that he was using that because we all thought that doddfrank was supposed to sort of jettison that too big to fail concept. Clearly he believes that it is time to break up banks because he feels that there are some that are too big to fail. He did not say specifically citigroup, but we have the benedictine nuns who own a lot of citigroup stock down on their investment. Abbey protect shareholders from problems if there is some Systemic Risk that suddenly brings other banks down that has nothing to do first of all, i dont think that splitting up banks is, you know, the way to go because every side that you split up and have its own risk. If you look at what happens, youre probably talking about a set of 20 people who are really in the heart of things. Its not like the whole bank was guilty of breaching confidence. But the capitol requirements will help, but it will also hurt. Liz before we go, your passson right now. Immigration, republican, supported romney, feel the campaign stumbled when it came to a invigoration, latinos. You, of course, are a cuban immigrant to did beautifully as country. What is your main message . Are working age population is growing and a half a percent of the next decade which is not enough. We dont have enough people entering the workforce. The whole world has this problem russia is declining. The european union. We know how to solve it because were good at immigration. Individual opportunity, we must be the party of immigration, and that is not just hispanic but asians, heiss less skilled, lowskill, nurses. We need a better strategy. Our laws date back to 1952. So businesses either have to hire someone who is undocumented or go out of business. It does not make sense. Republicans should lead the charge. Liz we will see if they do. Wonderful to have you. Liz former commerce secretary and the man behind the keebler elves becoming part of kellogg. It is actually up about 15 this year. Research in motion has been on a tear over the past month or so with the stock nearly doubling from the peseta closed. Today is a different story. Michael, tell us what it is, and we have sandra talking standing by at the cme. Reporter taking a look at research in motion, the blackberry maker. Due out on january 3rd. Down over 1 . One of the reasons why it has been declining is because nationnl bank issued downgrade to a sector performed. The question is, when they come out with numbers, whether or not there will still be strengthened emerging markets. The android phone, that is something we will continue to watch. Research in motion, that is a one month chart. Up 45 over 1 month, so that is stellar performance. I dont know what investor would not say, hey, 45 percent in one month. Ill take it. A great performance, but under some pressure on a downgrade. Liz especially when you look at apple, down 24 over the past three months. But everybody is looking at the gold bug that is down on our third that cycles through which is a pretty big hit today. Reporter want to give traders credit because the past several months that we have been down traders have been warning about this selloff in gold prices, which dropped below 1,700 an ounce, around 1670 an ounce right now. Traders down here still bearish, all this is unraveling on the fiscal cliff. I just walked by one looking in a multiyear chart of gold which is going up. Now we are getting this selling. He basically was humming, and a recession, no fiscal cliff. All of these things playing a part in the selloff in gold and the reasons for which people were holding a before, getting rid of it now. Talking at the futures desk basically saying that everybody has been a long bond, long gold, long on commodities for quite some time. They have been short in the equities markets. A lot of these funds are having to make up for that, selling of gold and buying the stock market , and were certainly seeing in todays trading session. Liz fascinating to watch. A dallas holding on to decent gains, the same with the rest of the market. Why is it that everybody on instagram does that back word peace sign with the mix jager lips. There you are. Upper right. Hes doing it. Okay. Go back to the picture of the team. That is kirsten and night. Then you have upper left, maggie and, of course, just. Jackie is being all the mir, not ior producer. Is he bartending with the idea around his neck . We were being totally imager for each other, not to be sold to advertisers. But instagram users are riled up following news that facebook is changing its policy for photos uploaded to its application. Shibani joshi. Scary details, because my kids do it. The millions that that picture can be sold for win instagram can put that up for sale . Youre right. Millions potentially at stake. Pictures of your children, you and your family, basically anyone and anything you are putting up. Fair game for them to use it and make money off of it. There is a mutiny going on on the 11th today. You know things are bad and celebrities start tweeting. There is a frontpage article that all the celebrities are getting off of the instagram today. Cheryl bark, dancing with the stars fame, she tweets, cannot believe the new policy of instagram. I love to use all of your imaging. It will be erasing my account shortly. Liz a man. Tiffany thieves and of saved by the bell really sad to have to end my love for instagram. People are fleeing this site en flock. This is because they dont want their privacy and their personal affirmation up for sale. Liz im sorry. Now she is on instagram had. Not anymore. Liz their right to lose a lot of people. We are not going to give any statistics. Facebook does not give statistics, but you see whats happening and social networking. This sort of rage that people have. It is and sold for a billion dollars, the value of this company is eroding quickly today liz and this is if you dont like it, dont use our service. Thats pleasant. Thank you very much. Watch out for those pictures. All right. Right now, knight capitol having its board meeting. Details on that. Rushing down from the fairway. The fiscal stairway. Copd makes it ha to breathe, but with advair, im breathing better. So now i can be in the scene. Advair is clinically proven to help significantly improve lung fction. Unlike most copd medications, advair contains both an antiinflammatory and a longacting bronchodilator working together to help improve your lung funcon all day. Advair wont replace fastacting inhalers for sudden symptoms d should not be used more than twice a day. People with copd taking advair may have a higher chance of pneumonia. Advair may increasyour risk of osteoporosis and some eye probls. 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