Death of the 24yearold, the unarmed black man shot and killed by Minneapolis Police on november 15th. Again and again, saying all along, watch this protest, retailers could get hit hard. Now were also watching too, new polls for you showing that donald trump still in the lead. Weve got an interesting argument from fox news analyst Juan Williams. He says that Hillary Clintons running mate may be barack obama in a sense. Hes going to explain all of that with brad blakeman. This is a hot debate. Stick around. The Dow Jones Industrial average is up about 180 right now. The catalyst to the upside, oil. Less than an hour to the closing bell. Im liz mcdonald. Lets start the countdown. Right to it, we are on track for nine Straight Days of triple digit moves. Six of the nine days have been updays, so if we close above 159 points thats right, number youre going to want to watch the dow will be virtually flat still, for the last week and a half, watching the s p 500, it is officially positive for the year, anything above 2058, watch 2058, thats the key number, that will put the s p in the green for 2015. Oil closing the session up nearly 4 at 3750. Were going to talk about the best way to play that market in just a minute. So lets get right to it. We have the black lives matter demonstrators, they are on the move. Protesters are at the nations largest mall, it came after a heated legal battle. Mall of americas lawyers wanted to stop the protest, claiming the mall is private property, but the judge said they will deny the request to stop three other protests, but the mall of america, while it has a right to detain and arrest anyone, it cant stop other people from showing up at the rally. Remember last year at a black lives matter protest, 11 people were arrested, so the question is, did the court make the right decision . Will this have ramifications nationwide . It will set a precedent . Here in a fox business exclusive, weve got Trial Attorney marie napoli and business attorney seth berenswag, what did you make of the decision . The judge was wrong in the decision. The cases that i read of the Supreme Court has decided this is a private property, and quite honestly, i think it stems from our history of having public squares where the people would go and speak their mind at these public squares, but there are no more public squares, were in privately owned, privately owned property and the judge cannot make them have these protests in place, especially with the damage its going to cause to the shop keeps. Its going cause damage to the economy, and going to cause damage to the store owners. Liz you know, seth, marie makes a good point here. We have watched this, there is a bulletin saying amazon is commanding 51 cents of every dollar in internet sales. That is sticking it to the brickandmortar retailers who have to fight for the remaining 49 cents. You can see stores in trouble with protests like these. What shopper is going to come to a Shopping Mall if this goes on . Thats true, and its not an easy issue, breaking down constitutional controversies is usually not a clean business, but i think i will respectfully disagree with the opinion there because the road map for this decision already laid out from a decision from the minnesota Supreme Court a couple of years ago that the mall of america is considered not a purely private venue. They went through a breakdown and analysis that showed that roughly 1315 of interconnection with public funds shows it really isnt that. What you end up with is restricted right on behalf of the mall. Liz weve got breaking news out of a local tribune there, it is saying right now the mall of america is shut down. Marie, your reaction . This is exactly what you would expect when you have a mass amount of people coming in for basically a prchlt protest when people are trying to shop. Protests should have not gone forward because theyre getting the message out. They have an appropriate message. They got it out, this was not the way to do it. Liz seth, the protesters appear to be moving to the light rail system nearby. Why is it morally right and justified for protesters to shut down businesses who had nothing to do with the shooting of this unarmed victim . Its not. But thats a separate issue. Liz its the same issue. Why is it a separate issue . Separate issue because the mall has a restricted right to be able to regulate, called time, place and manner regulation where they are able to coexist with the shoppers, and so the injunction request was really dead on arrival. Thats the problem. Now we have a new problem. Liz thats all legalese, thats in the weeds. Lets be clear, lets be clear here, i hear what youre saying, theres a mixed message from the court. Is the Shopping Mall private or public property, right, marie . There is a mixed message, goes back to the history of where these public speaks came from, and now theyre looking at the mall. Mall is not a public place, and the Supreme Court. Liz why is it not a public place . Because its privately owned. Even though there are people at the mall, theyre there as invitees, and theyre there as invitees to shop and eat, not to cause mayhem. Liz seth, stay with me on this. Seems like the judge agreed with what marie is saying, but said you know what . We cant stop other people from showing up in the parking lot to protest. Generally the judge did not agree. Judge said based on the precedent and as the minnesota Supreme Court ruled before it is not a purely private venue, there is only a restricted right to regulate. Liz mixed court readings. Seth, stay with me, this is an important question for you. Do you think local businesses have recourse in the courts to sue these protesters to get their money back for lost businesses, Business Sales . Thats a huge uphill battle. Its going to be very difficult. Something called associational standing where its hard to sue a group as opposed to individuals, but let me say. Liz could they sue individuals . They could potentially sue individuals for interference with business relations. Yes. This is one of the examples where the court says you have limited restricted right, when you balance the constitutional issues that are bill of rights, you end up with the murky situations. Liz interesting, good point, marie, final word. I like the lawsuit. Thats something i would take. Liz you would take on this lawsuit. I would take on that lawsuit. Liz what do you mean you . Would sue a group or individual . Sue the group for interfering in my business. You would have no standing. Quickly, why . At that point, youre suing a group of individuals that are exercising their right of assembly, right of free speech. You can go after individuals. Were talking about the Business Owner having their business interrupted. Theyre causing the damage. Theyre causing the damage to these Business Owners, and they know theyre doing it. They could have done it outside and gotten the exact same reaction that they wanted. Okay, thank you to marie napoli and seth, we want you to back on this story, great insights, great legal minds right there. Were going to stay on the story throughout hour and bring you the latest developments. To the markets, day nine of triple digit moves. Weve got the s p 500 turning positive for the year. Were still about 200 points away for upyear for the dow, though. Can we get cheer from santa . Can we get the markets moving higher . Right to the floor show, traders at the New York Stock Exchange and the cme group. Dan at the nyse and Stephen Guilfoyle at the cme. What are you seeing . If you hold a dollar in place for me and run crude every single daying are ill show you a nice equity market. The s p trading at 2061 thats a technical level. I would like conservatively to see us hold this level. If we cant, i want to see us stand at 2054. Liz heres the thing, ira, mixed signals out of major investment banks. Ubs, deutch banc, Goldman Sachs about the year, slightly bearish activity in the Options Market as well. What do you think . Im with them. Weve got a bull market thats run a course, money shifting around, europe looks better because theyre on a qe basis of lowering currency. China getting foot under it, which will help asia, will help australia, countries of that nature. I think that america is probably going to go to a year just like this where we go sideways, i started looking for neutral to 5 either way. Whether youre up or down for the year, you didnt go anywhere. A year of stocks primarily, not indices. Liz good point, stephen, watch this, citigroup strategist, hes talking, hes bullish right now and saying earnings could regain footing in 2016 and also talking about the Energy Sector regaining footing, ill tell you something, you set the bar so low, a caterpillar can step over it, i mean the Energy Sector has been so beaten up. Do you think you would agree with citigroup here . All the potholes in the road we travel are still there. We still have all the headwinds you might say. Interest rates are still very low, and theres not a lot of places to put your money. You have to play the market if you want to get any kind of return. Therefore, i think there is a chance for positive momentum going into 2016, we did not see it in 2015. I would be very slow. You want to keep something in cash and bonds, i would be slow to greatly reduce equity holdings. Liz thank you stephen and ira, appreciate your insights here. Black gold still pumping, oil prices slumping. Will america make the Global Oil Glut worse as it begins to export oil for the first time in decades . And this story for you, the beatles join the digital age by streaming their songs. Beatles corporation, the companies who are overseeing it, need to get their songs streaming. What took the fab 4 so long . Where have they been . Thats next on countdown. I built my business with passion. But i keep it growing by making every dollar count. Thats why i have the spark cash card from capital one. I earn unlimited 2 cash back on everything i buy for my studio. And that unlimited 2 cash back from spark means thousands of dollars each year going back into my business. Thats huge for my bottom line. Whats in your wallet . Liz the closing bell ringing in just 44 minutes. The dow is up. Its up 166 right now. Holding onto the tripledigit gain. The other indices are in the green fractionally right now. Nike shares touching a lifetime high, at the open. The stock has been a momentum favorite in 2015. Ticker nke, finishes above 134. 33 today, that would mark the 34th record close this year. Nike is the number one stock in the dow for 2015. Right now shares are trading just to the downside, down about 3. 50. Oil seeing gains for a Third Straight day, settling above 37 a barrel. After opec lowered the demand outlook for exports, while predicting oil prices will rise, get this, back to 70 bucks a barrel by 2020. So with the u. S. Oil ban finally lifted and opec predicting oil prices to rise again over the next five years, what does this mean for u. S. Oil producers and the Overall Energy economy . Joining me is the guy you got to listen to. Steven shork, editor of the shork report. Thank you for joining us. Thank you for having me. Liz Goldman Sachs saying 20 bucks a barrel, opec saying 70. What did you think . The prediction from opec is keep in mind five months out. The only reason why weve made longterm forecasts in the commodities out there is to make astrology to look respectable. Keep in mind, 70 barrel is an attractive price, that translates still to sub 3 gasoline at the pump. Not out of the question. The producer can make money at that level and the consumer could go on and grow, whether we get there, liz, your guess is as good as opecs. With regard to lifting the ban, this is great news. Both for the Energy Sector in north america and for the consumer. This is because crude oil that we have in surplus is a very light crude oil. Its crude oil, very easy to manufacture and to gasoline. The problem we have is our refineries are engineered to maximize different crude oil. In essence, what we would be doing is dont think about the u. S. Exporting oil. We are swapping out our highquality, highcost oil for lowcost cheap oil to manufacture and maximize our refineries. Liz heres the thing, oil analysts have said our u. S. Oil fields, some of them are almost tapped out. Some of them are in hypermature phase at the reserves really arent there, talking the Permian Basin in west texas and new mexico. Is that what youre seeing . Oil prices to come up well above 35 or 40 bucks to be profitable, to do fracking to pull the oil out . Absolutely right now. Oil prices are way too low for the majority of production here in the United States and canada. That said, we dont have to go back to 70 a barrel. Im looking towards the end of this year, oil back in the 4555 range which is a very attractive price, but before we get there, we have to look at the fundamentals right now, liz. The margins for refineries are fantastic. The refineries are making lots of money because they are putting in 35 crude oil and getting out 52 a barrel gasoline, the margins are great. What does that mean . Demand for crude oil is sky high. Demand for gasoline, sub 2 gasoline, no snow, no ice on the roads of the United States, demand for gasoline is through the roof. In march, demand destruction of a Million Barrels a day, and Still Producing over nine Million Barrels a day. So clearly the fundamentals set the template for Lower Oil Prices through the first half of the year. Liz interesting stuff, Merry Christmas to you, sir. Thank you, you too, thank you. Liz it is the day before the night before christmas. America wants santa to leave a shiny new gun under the christmas tree, yes gun sales are popular. Well tell you which guns are selling like hot cakes this holiday season. And do women pay more at the store for the very same product as men buy . Jeff flock is in chicago taking a look at what is being called gender pricing or pink pricing or whatever it is. Weve got the story for you next on countdown. Stay with us. Jeb bush donald, you know, is great at the oneliners. But hes a chaos candidate. And hed be a chaos president. Two months ago, donald trump said that isis was not our fight. Donald trump let syria and isis fight. Why are we. Why do we care . Let isis and syria fight. Jeb bush he said that Hillary Clinton would be a great negotiator with iran. Donald trump hillarys always surrounded herself with very good people. I think hillary would do a good job. Jeb bush and he gets his Foreign Policy experience from the shows. Chuck todd who do you talk to for military advice right now . Donald trump well, i watch the shows. I mean, i really see a lot of great, you know, when you watch your show and all of the other shows. Jeb bush i dont know if thats saturday morning, or sunday morning. Donald, youre not going to be able to insult your way to the presidency. Thats not going to happen. If im president , ill be a commanderinchief, not an agitatorinchief or a dividerinchief. That i will lead this country in a way that will create greater security and greater safety. Announcer right to rise usa is responsible for the content of this message. Liz welcome back, beatlemania is back beatles fans getting an early Christmas Gift this year, as of 12 01 a. M. Tonight, write that down, the beatles music will finally be on streaming services around the world. Were talking spotify, apple music, google play, tidal, all of them will have access to beatles catalogues of 13 albums and 4 compilations. Remaining members of the beatles initially resisted offering songs on the streaming Music Companies for more than seven years before coming to an agreement in 2010. So if what you really want is a gift under the christmas tree, theres another option. Talking firearms. They are topping christmas lists this year, given the fears over terrorism and perceived threats of gun laws being changed. Last month, the fbi ran more than two million firearm background checks on potential buyers. Thats a 24 increase from november of 2014. Now were getting to another story, the pay gap, but now weve heard all about that, talking the price gap. New data showing consumer goods for women are priced significantly higher than identical products marketed towards men. Weve got our very own jeff flock standing by in chicago, with the details on how much women are basically being asked to pay by retailers. Jeff . Liz, its not enough that you dont make as much as we, as men do on average. Now apparently you pay more for your stuff, too. Thats what the department of Consumer Affairs in new york says, take a look at state street in chicago. According to them, youre paying a lot more if shopping for a woman this year. Take a look what an outfit might cost. These are numbers from the department of Consumer Affairs in new york. Jeans cost more. Levis 501 jeans 20 more for women than men. Sweaters on average more and tshir tshirts at abercrombie fitch, same is true across the board things like toys for christmas shopping. Toys up more for women than men. Bike helmets, about 8 more overall for toys, if youre buying for a girl than for a boy. This is true of things like deodorant, you know this too, liz, laundry, if its a blouse, you get charged more than if its a shirt, though its pretty much the same piece of clothing if its for a woman or a man, you pay a little premium. Liz youre talking about the dry cleaner, right . Youre talking about the dry cleaner, right . Yes, the dry cleaners, yes, exactly. Liz is it thousands more a year that women pay versus